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ID	Title	Author	Corrected Date of Publication (TCP Date of Publication)	STC	Words	Pages
A43957	The History of the whiggish-plot, or, A brief historical account of the charge and deefnce [sic] of [brace] William Lord Russel, Capt. Tho. Walcot, John Rouse, William Hone, Captain Blague, [brace] Algernoon Sidney, Esq., Sir Sam. Barnardiston, John Hambden, Esq., Lawrence Braddon, Hugh Speak, Esq. together with an account of the proceedings upon the outlawry against James Holloway, and Sir Thomas Armstrong : not omitting any one material passage in the whole proceeding : humbly dedicated to His Royal Highness.	Turner, John, b. 1649 or 50.	1684 (1684)	Wing H2190B; Wing T3309_CANCELLED; ESTC R41849	81,748	75

THE HISTORY OF THE Whiggish-Plot Or A brief Historical ACCOUNT OF THE Charge and Deefnce OF William Lord Russel Capt. Tho. Walcot John Rouse William Hone Captain Blague Algernoon Sidney Esq Sir Sam. Barnardiston John Hambden Esq Lawrence Braddon Hugh Speak Esq Together with an Account of the Proceedings upon the Outlawry against James Holloway and Sir Thomas Armstrong Not Omitting any one material Passage in the whole Proceeding Humbly Dedicated to his ROYAL HIGHNESS LONDON Printed by T. B. and are to be sold by Randal Taylor near STATIONERS-HALL MDCLXXXIV To the most Illustrious and Serene PRINCE James Duke of York AND ALBANY c. May it please Your Highness IT was the Design of the Author of the following Papers a Person very faithful to the Interest of the Crown to make an Humble Present of himself and them to Your Highness but being at this time under great Indisposition I was desir'd to present his Duty by Proxy and lay his Performance at Your Royal Highnesses Feet I will acknowledge to Your Highness that I am no Friend to Epitomies especially in Law where the Truth and the whole Truth is so strictly required But I look upon this to be one of the faithfullest and perfectest that ever I have seen having carefully perus'd the whole to say nothing of that Candor and Ingenuity of Temper which makes some New Discovery of it Self in every Page of the whole Work being very far from a Design of Imposing any thing False or Aggravating any thing beyond the naked Truth and abounding every where with many unquestionable Stroaks of a Courteous and Gentle Nature very fit if Honestly and Wisely managed to poyse and balance these uneven Times The irrefragable clearness of the Proof added to the Conciseness of this Author's Method will shew Your Highness at once as in a Glass the imminent Dangers the King and You have escaped and with You the Clergy the Nobility nay the Commons themselves who would most of them before this time have been Buryed in Confusion and Rolling in Blood which as in all it ought to Create a Mortal and Vatinian Hatred of those Horrid Principles by which the Enemies of this Church and Monarchy are Acted and of those Barbarous though Natural Conclusions that issue from them so more particularly in Your Royal Highness there is no doubt but the Reflection upon such Villany as this will inflame so Generous and so Loyal an Heart with an ardent Affection for that Church which long and sad Experience hath told us is to be the only true Prop and Supporter of the Crown That God would Guide Your Royal Highness by his Council and after a long and fortunate Old Age receive You into Glory is the Humble and Affectionate Prayer of May it please your Royal Highness Your Royal Highnesses most Humble Dutyfull and Obedient Servant JOHN TURNER THE HISTORY OF THE Whiggish-PLOT UPON the Discovery of the late Hellish Conspiracy which was made by Mr. Keeling upon the Twelfth of June in the Year 1683. as will at large appear upon his Evidence against Captain Walcot His Majesty set forth two Proclamations the one bearing Proclamations issu'd out against the Conspirators Date the 23d and the other the 28th of the same Month The first for the Discovery and Apprehension of Colonel John Rumsey Richard Rumbold Richard Nelthorpe Esq Nathaniel Wade Gent. Richard Goodenough Captain Walcot William Thompson James Burton and William Hone a Joyner The latter for the Apprehending of James Duke of Monmouth Ford The Names of the Conspirators Lord Grey who being Apprehended made hi● Escape out of the Hands of the Serjeant at Armes Sir Thoma● Armestrong and Robert Ferguson who was the Common Agitatour entrusted by all Parties in the several Conspiracies Besides all these several others were soon detected as the Lord Melvin Sir John Couchrane Francis Goodenough William Rumbold Joseph Elby Samuel Gibbs Francis Charleton Joseph Tyley Casteers Lobb both Non-Conformist Ministers Edward Norton John Row John Aytoss and John Atherton Several of which having notice of Warrants issu'd out for their Apprehension fled from Justice Nevertheless they did not all escape For of superiour Quality were taken the Lord Russel the Lord Howard of Escrich Colonel Sidney Mr. Hamden Jun. and the Earl of Essex who The Earl of Essex kills himself being Committed to the Tower for High Treason kill'd himself Of meaner Quality were Apprehended Mr. West Colonel Rumsey Captain Walcot and Hone the Joyner and of these the Mean persons taken Lord Howard Colonel Rumsey and Mr. West were reserved to give Evidence against the Others whose Charges and Defences together with their Confessions compleat the Body of this History Besides these also were Apprehended the Lord Brandon Mr. Booth Mr. Charleton Mr. Wildman and Mr. Trench●rd and sent to the Tower who at the beginning of the following Term were admitted to give Bail for their Appearance the first Day of the next Term ensuing Upon the 27th of July came forth His Majesties Declaration concerning the Treasonable Conspiracy against His Person and Government giving an Accompt of the Principal and Main Designs of it which appear'd to be in short as follows About the beginning of October 1682. when the Heads of the Faction saw the Magistracy of London settled in Persons of Loyal Principles they fell immediately to Consult about Rising in Armes for which some thought their Party so well prepared that they could not fail of attaining their Ends when they should break out into Open Force Upon which some of the Principal Conspirators met to agree They Consult to Master the Guards and seize the Kings Person but lay that Design aside till they had settled a Correspondence to know their strength about the best way to Master the Guards and S●ize His Maj●sties Person but upon deep Consideration finding it necessary to prepare their Friends in the several Counties and the Disaffected Party in Scotland to joyn with them without which any Attempts in the City upon the Guards seem'd to be too rash they lay'd aside the Thoughts of a Present Rising and dispos'd themselves to find the safest way by Correspondence how far they might be assisted by a General Insurrection so that in all Humane Probability they might not fail of success While these Designs were forming some Villains were carrying The Assassination of the K. and D. of York Design'd on that Execrable Plot of Assassinating His Maj●sties Person and His Royal Highness in their coming from New Market to which purpose Money was deposited but were prevented by the shortness of Time and N●cessary Preparations Thereupon they Consulted about Attempting the same Villany A second design in March at His Maj●sties going to New-Market again at His Majesties next going to New-Market in March was a Tw●lvemonth But fearing the strength of the Guards that are usually left behind after the King's Departure and because they were not then neither sufficiently ready they agreed to

difference between Killing the King and securing the Guards But it was plain That the Witnesses had sufficiently dipp'd themselves and therefore to save their own Lives they had combin'd to take away his He denyed that the VVitness made it out That he was privy He de●ves himself privy to Good●noughs Notes to Mr. Goodenough's Notes about Raising of Men or that he knew any of them That the Meetings at his Lodging were by Colonel Rums●y's Appointment of which he knew nothing and that he came among them accidentally sometimes only to hear News neither was any thing agirated there that he knew of concerning Killing the King or Levying VVar. He confessed he heard there was a Design by a great many Lords and Gentlemen and others for asserting their Liberties and Properties but that he never was in any Consultation with them or any Message to them or ever saw the Face of any of those Lords that were said to be concern'd and therefore it was improbable that he should be so far concern'd as the VVitness seem'd to represent him Being ask'd why he frequented the Company where he heard those things He Answered It was his Folly and conceiv'd it was only Misprision of Treason For it was true he had heard a great deal of what the VVitnesses had said touching an Insurrection but that he had no hand directly or indirectly in it nor did the Death of the King ever enter into his thoughts directly or indirectly And that when some Gentlemen talk'd to him of it he abominated it as a Scandalous Thing a reproach to the Protestant Religion and that his Children would bear the reproach of it But the Court told him he fail'd in his Law for though to hear of Treason accidentally or occasionally and conceal it was but Misprision yet if a Man would be at a Consult where Treason was Hatch'd and then conceal'd it he was then Guilty of Treason it self The Jury then desiring he might be ask'd what he had to say He alledges his undertaking in his Letter to be upon his intimacy with Mr. Ferguson to the Letter the Prisoner made Answer That what he promised he undertook upon his Intimacy with Mr. Ferguson by whose means he believ'd he should have an Interest with the rest That he did according to his promise give an Accompt of what he had heard but that the King was not pleas'd with him because he did not descend to particulars which he could not do in regard he had never been in their Company nor knew any thing but what he had by a private hand As for his Confession that it was his first Crime it was only as far as Misprission went having never acted or intended the Treason In the last place he produc'd one VVitness to prove when he He produces a Witness about his Gout fell ill of the Gout and how long it continu'd who said That he could not certainly tell but believ'd it was about three Months nor could he certainly tell when it began After this the King's Serjeant having summ'd up the Evidence the Lord Chief Justice gave his Charge to the Jury who after He is found Guilty about half a quarter of an Hours Consideration return'd and brought the Prisoner in Guilty THE Charge and Defence OF William Hone. UPON Friday the 19th of July William Hone having been Arraign'd the Day before and after some frivolous Ev●sions pleaded not Guilty was brought to his Tryel for C●nspiring and Int●nding the Death of the King and the Subversion of the Government and for providing himself with Arms to that purpose To this being a second time asked according to the usual Custom whether Guilty or not Guilty he would have retracted his Plea of not Guilty and pleaded Guilty Upon Hone desires to retract his Plea and plead Guilty which being demanded by the Court whether he did confess the whole Indictment He answered Y●s but being asked again whether he confessed that he did conspi●e the D●ath of the King and provide Arms to do the wicked Act He answered that he did not provide any Arms that his Deposition before Sir William Turner was true and that he was asked by Mr. Richard Goodenough to go along with him that he asked whether and then understood it was to kill the King and the Duke of York but was not told the place Which not being taken for a full Confession the Kings Serjeant desired he might be tryed So that the Jury were sworn without any Challenges Nicholas Charleton Christopher Pitts Robert Beddingfield John Pelling William Winbury Thomas Seaton William Rutl●nd Thomas Short Theophilus Man John Jenew John Short Thomas Nicholas Which done and the Endictment opened Mr. Josias Keeling was Mr. Keeling Sworn sworn who declared that he saw the Prisoner at the Dolphin Tavern where the Arms were agreed upon That at the same time were present Mr. West Mr. Goodenough and Mr. Rumbold and that he remembred the Prisoner particularly That it was then discoursed of the Kings coming home from Newmarket the Saturday after the Fire and the several Reports of the Town concerning it That upon their hopes that the King would not return upon Munday Mr. West asked Rumbold how many Swans-quills Goose-quills and Crows-quills and what Sand and Ink he must have and that the Prisoner was by and heard all the Discourse Being asked what was meant by all that He answer'd that by Swans-quills were meant Blunderbusses by Goose-quills Muskets and by Crows-quills Pistols and by Sand and Ink Powder and Bullet That after that Meeting the Prisoner took acquaintance with him and after some time told him that he was one of those that was to Assassinate the King That after that at a He told the Witness he was put down to Assassinate the King Coffee-House in Swithins Alley the Prisoner told him that it would never be well till the Black-bird and the Gold Finch were knock'd o' th Head and that asking him what he meant by those Terms he answered the King and the Duke of York Then the Prisoner being admitted to ask the Witness any Questions he said that he own'd it as to the Black-Bird but that as to the Goldfinch he never heard a word of it till then Mr West being sworn declared that he was at the Meeting before Mr West's Testimony mentioned when Mr. Keeling came in that several things were said of Swans-quills c. but that this Man did not come in till that Discourse was over and that he was sure he did not speak of any thing of that nature before this Man in his Life That Mr. Goodenough did undertake to provide the Man and said he would try him whether he would attempt upon the Duke without the King That he asked the Prisoner whether he had seen Mr. Goodenough Who answered that he had and that he had spoke to him about a little Job for the Duke and that Mr. Goodenough said he had spoken to him fully about

Lord Russel asked whether he were a Freeholder of Forty Shillings a Year saying that He thought that none were allowed but such as were Freeholders To this the Court replyed that no Pannel was made in London by Fr●eholders for that the Estates in London belonging either to the Nobility and Gentry that liv'd out of it or to Corporations London was excepted To this the Prisoner urged the Statute of the 2 of Henry 5th wherein he said it was positive that in cases of Life and Death no man should be judged but by those that have Forty Shillings a Year But the Attorney G●neral not allowing the Prisoners Exc●ption the Lord Russels Counsel were called and assigned him again by the Court Mr. Poluxfen Mr. Holt and Mr. Ward who after they had learnedly argued what they took to be the Law in that case were so fully answered by the Kings Counsel that it was adjudged by the whole Court that in case of Tr●ason Freehold was no good Cause of Callenge However it was told him he would have as g●od a Jury and better then he would have had in the Country of four pound a Year Freeholders The reason of the Law being to the end no slight Persons should be put upon the Jury where the Life or Estate of a Man comes in Question but that in the City the Persons Impannelled were Men of Substance who had a great deal to lose and therefore his Lordship had the same in Effect as if a Challenge were allowed of a Freeholder And this was the Opinion of eight of the Judges being present This Dispute being over the Jury-Men were call'd and after the Prisoner had challenged one and thirty the following persons were sworn The Jury sworn John Martin William Rouse Jervas Seaton William Fashion Thomas Short George Toriano William Butler James Pickering Thomas Jeve Hugh Noden Robert Brough Thomas Oneby The Jury being thus sworn and the Indictment opened by the Kings Counsels Collonel Rumsey was first sworn who gave in Evidence That about the latter end of October or beginning of November he was at the Lord Shaftsbury's Lodgings where he lay near Wapping and that he told him there were met at one Mr. Shepheard's House the D. of M. the Lords Russel and Grey Sir Tho. Armstrong and Mr. Ferguson That his Lordship desired him to speak to them to know what Resolution they were come to about the Rising at Taunton That he went to Mr. Shepheards who carryed him up where they were and that the Answer which was then made him was That Mr. Trenchard had fail'd them and there would be no more done in the Matter at that time for that he had promised a Thousand Foot and Three Hundred Ho●se but could not perform it and therefore that the Lord Shaftsbury must be content That Mr. Ferguson spoke most of the Answer and that as far as he remembers the Lord Grey said something to the same purpose but that the Lord Russel and the Duke of Monmouth were present and that thereupon the Lord Shaftsbury prepared to be gone Being ask'd how long he was at Mr. Shepheards He said About a Quarter of an Hour Being ask'd what Discourse happened while he was there He Answered He was not certain whether he heard it there or whether Mr. Ferguson Reported to the Earl of Shaftsbury that they had debated it there The Witness farther added That there was some Discours● by The Guards undertaken to be view'd and the Prisoner then present all the Company that was there about seeing in what posture the Guards at the Savoy and Mews were which vvas first began by Sir Thomas Armstrong and Mr. Ferguson and the business undertaken by the Duke of Monmouth the Lord Grey and Sir Thomas Armstrong and that the Prisoner vvas there vvhen they undertook to take the vievv As to the Rising he farther added That it vvas to have been the 19th of November that it vvas determined and that he vvas The Rising to have been on the 19th of November to have gone to Bristol by the order of the Earl of Shaftsbury Being ask'd whether the Lord Russel gave his consent the Witness made Answer He did The Lord Russel being now permitted to ask the Witness what Questions he pleas'd desired to know whether he gave any Answer to the Message about the Rising The Witnes● Reply'd in the Affirmative That the Prisoner did speak about the Rising at Taunton And then being ask'd by his Lordship Whether he in particular gave his consent to the Rising he again confirmed what he had said before Mr. Shepheard being Sworn Declared That in October as far as he remembred Mr. Ferguson came to him in the Duke of Monmouths name and desired the conveniency of his House for him and some other Persons of Quality to meet That in the Evening came the Duke of Monmouth the Lords Grey and Russel Sir Thomas Armstrong Colonel Rumsey and Mr. Ferguson The Duke of Monmouth the Lord Grey and Sir Thomas Armstrong go to view the Guards That Sir Thomas Armstrong desired him that none of his Servants might come up but that they might be private That the Substance of their Discourse was How to surprize the Guards in order to which as far as he remembred the Duke of Monmouth the Lord Grey and Sir Thomas Armstrong went one Night to the Mews to view the Guards That the next time they came to his House he heard Sir Thomas Armstrong say That the Guards were very remiss in ●h●ir places and not like Souldiers and that the thing was feasible if they had strength to do it Being ask'd whether they came in Coaches and in the Dark He Reply'd That they came in the Evening imediately one after another but he did not let them in Being ask'd whether the Prisoner were there both times He Answered Yes to the best of his remembrance Being ask'd whether there were any Coaches at his Door He A Declaration read setting forth the G●evances of the Nation Answered None that he saw Being ask'd whether he remembred any Papers read at that time He Answered upon Recollecting his Memory That there was a Paper in the Nature of a Declaration setting forth the Grievances of the Nation read by Mr. Ferguson but who was present at the Reading whether all or no he could not remember particularly he could not say the Lord Russel was there at the reading it The L. Howard being next Sworn gave a long Evidence The sum of which was after he had made a Recapitulation of several Designs of the Earl of Shaftsbury that upon the Earl of Shaftsbury's withdrawing those Persons who were concern'd began to lye under the same Apprehensions that the Earl of Shaftsbury did That they had gon too far and Communicated the Design to so many that it was unsafe to make a Retreat That therefore it being considered that so great an Affair consisting of so many nice particulars could not be managed but by some general

the Sea Captains That in Order to this business the Prisoner met the first day at the Amsterdam-Coffee-house and as he told the Witness met with two Sea Captains that were to Officiate in the busin●ss whom he carryed to the Angel and Crown That within an Hour and Half Rouse came to the Witness and told him he had spoken with the Sea Captains who were willing but that one was going to New Jersey and therefore the work must be done before he went That another time he appointed Mate Lee to meet at the Anchor in Wapping That the Prisoner always undertook to get ten Sea Captains and to provide Arms for a Hundred Men. That after he was Sworn against Mr. Nelthorp and Goodenough came to him at Rouse's House and bid him not be Discouraged but let the business go on and that when-ever he was taken into Custody he should deny All and it could not take away his Life Being ask'd about what time this was He Answered In June last That they never agreed upon any Method for Killing the King but they told him they had a Thousand Horse ready in the Country and Five Hundred in the City and that the King should be Kill'd coming from Windsor That they were contriving to send Arms by Night to some private place where they were to Arm themselves in the Night That some brisk men were to be sent to Windsor to know when the King came and to give Information that he might be set upon in some convenient place and that both the King and the Duke were to be taken off together That Mr. Rouse should say Take them off for th●n no Man can have a Commission to Fight for th●m The King and the Duke to be taken off both together that no body might have a Commission to fight for them The Prisoner being now at Liberty to ask the Witness what Questions he thought convenient demanded of him whether he ever spake to him of any Design against the King and the Government and whether the Witness did not begin with him first To which the Witness Answer'd That the Prisoner was the first Man that ever he heard promise that the King and the Duke might be both secur'd More then that That the Prisoner as a Traveller should say both to him and in Company That the King was Sworn both in France and Spain to bring in Arbitrary Power and that it was no Sin to take him off And farther told him He had it under his own hand The Prisoner ask'd him in what place it was where he b 〈…〉 to speak any thing of this D●sign who made Answer At the Kings-head The Prisoner ask'd who was with them to which the Witness reply'd Goodenough and others The Prisoner ask'd whether he ever put the Witness upon any thing of that Natur● and whither he did not tell him there was a Design to over-turn the Government but he would not shed Blood The Witness Answer'd He could not be positive who discoursed the thing first but that when the business was Discours'd the Prisoner was very zealous to get ten Captains and that the Ball might be play'd and the Tower seiz'd Mate Lee being call'd Swore That the Prisoner had several Lee Sworn times treated with him to get S●amen fitting to make Commanders of Ships and that being ask'd what he would do with those S●ame● and where he would have those Ships He Answered Some of the King's Men of War that lay at Deptford and Woolwich for that the Tower and White-hall was to be secur'd or else they could d● nothing Mr. Thomas Corbin being Sworn depos'd That he took great care to settle a Correspond●nce at Oxford during the S●ssions of Parliament t●ere That being in Compa●y with the Prisoner when he was ask'd what he thought of the Session the Prisoner undertook the Reply and said That he thought it would be a very short Sessions adding farther That those frequent Proroga●ions and Dissolutions of Parliament should not avail him for that what-ever the King had the Parliam●n● gave h●m and they might take it away Upon vvhich one biding him have a care he reply'd The King had forfeited his Crown and had no more right to it then he had Mr. Richarson being Sworn depos'd That when he was first He denies his Name to the Officer seiz'd he deny'd his Name to be Rouse and said his Name was Johnson The Prisoner being call'd to his Defence instead of defending and clearing himself by Opposition of Testimony endeavour'd to retreat the Accusation upon the W●tn●ss alledging That the Witness first Discours'd these Treasons to him which he only list'ned to to pump out the bottom of his D●sign that he might Discover them The Court therefore told him That he did but invert the Witnesses Disc●urse that he had Sworn it against him and he was not in a Capacity to Swear against the Witnesses As to his saying The King had forfeit●d his Crown and had no That he had been try'd for the words before more right to it then any of the Persons he spoke to he urged that it was a thing reviv'd that was out of Doors two Years since besides that they were to be explain'd by the occasion of the Discourse which was upon the Popes Power to depose Kings upon which he had only said That if the Pope had any such Power then the Crown of England was as much his as any other Mans. As to his saying the Parliament might take it away he deny'd He denies he said the Parliament might take away the Kings Crown that ever he utter'd any such words Being told that was not the Crime which was lay'd to his Charge but his Designing and Conspiring to secure the King seize the Tower and cause a Reb●llion within the Kingdom all he had to say was That he declared in the presence of God before whom he stood That it never enter'd into his Heart So that after the Lord Chi●f Justice had in few words sum'd up the Evidence and He is found Guilty the D●ficiency of the Prisoners D●fence the Jury brought him in Guilty without stirring from the Bar. THE Charge and Defence OF Cpt. William Blague WHO being set to the Bar next after Rouse Cpt. Blague Tryed upon the same Fryd●y July the 13th was Charg'd with Compassi●g the Death of the King and Conspiring with one Rous● and several others to seize the Tow●r and to provide A●ms in order to a Rebellion The Prisoner made no Chall●nges and so the same Jury that had He makes no Challenges pass'd upon Rouse was again Sworn upon him The first Witn●ss call'd was Leigh who Swore That the Prisoner in Discourse with himself and Goodenough at the Kings-head Taven near Chancery-Lane how to seize the To●er he told them that the only way was to do it with Morter-Pieces that he would venture his own Ship and provide two Hundred Men. That he caution'd the Witness not to

Circumstaace as the other as to the Design in general laid in the Information though not equally guilty about the management For Braddon several Evidences were call'd who were all examin'd by Braddon himself Lewis asserted That one day as he was going up a Hill near Andover he heard the News of the Earl of Ess●x's cutting his Throat and said it was upon a Fryday but what Week or Month it was only that it was in Summ●r he could not tell F●ilder being call'd asserted That at Andover the Wednesday before the Earl Murder'd himself it was all the talk of the Town that he had cut his Throat and that it was all the talk of the Town at that time though the F●ct were not committed till Fryday but could not remember the Name so much as of one Person though the Town were so full of People Mrs. Edwards being call'd asserted That when Braddon came first to enqu●re about the Boys Report they were a little startled Mrs. Edwards the Mother that thereupon the Daughter went to the Boy and told him such a Person had been there about such a thing and bid him speak the Truth Why says the Boy Will any harm come of it I can't tell said she but tell you the Truth Then said the Boy All the Story is false The Daughter young Mrs. Edwards affirm'd the same thing That the Boy did tell them such a Story at first but that afterwards Mrs. Edwards the Daughter he affirm'd it was all a Story and meerly his own Invention Being ask'd by Braddon whether she did not frighten him by threatening his Father would be turn'd out of his place she Answered No being upon her Oath Jane Loadman being Sworn deposed That she saw a hand throw a Razor out of a Window but she could not tell what Window Jane Loadman it was presently after which she heard either two shrieks or two groans she could not tell which That there were a great many people there who could not chuse but see the same but the people she did not know Being ask'd whether the Razor were thrown on the in-side of the Pales or the out-side she Answered The out-side in contradiction to the Boy who had said the in-side Then again having Sworn in Braddons Examination That she saw the Razor thrown out of the Lord of Essex's Lodgings she deny'd in Court upon her Oath that she knew where his Lodgings were In her Information she affirms she heard Go fetch up the Razor In Court she Swore She heard no Souldier speak at all And all this done in open Day when there were abundance of People there though she could not tell any particular Body Upon which the Lord Chief Justice made this Remark That it was strange that out of a hundred People which if the Girl said true were there Braddon could not satisfie himself to enquire after some of them but must pick up a Child of thirteen Years of Age to practice upon in that villainous manner Moreover by the Accompt which C. Hawley gave of his House it was impossible that the Girl could see a Coach at the Dore it was impossible there should be a Croud of people in the Yard because the Sentinel that stood at the Door must have seen all that past in and out and besides the Pales were so high that nothing could be flung over that could easily be discern'd Mrs. Barton depos'd That Braddon did engage the Boy at Mrs. Mrs. Barton Edwards's House to tell Truth and put him in mind of the 5th Chapter of the Acts but observing that after he had so talk'd thus to the Boy he was going to take Pen Ink and Paper and fearing to be drawn in for a Witness she went out of the Room Then Glasbrook being call'd who had set his Hand to Loadman's Examination or Information it was prov'd upon reading Will. Glasbrook the Information to be no more then that the Girl should say That after the Earl of Essex had Murdered himself he flung the Razor out at Window as if after he had been his own Executioner he had got to Life again and threw away the Instrument with which he did the Fact Then Smith a Barber being call'd spoke much to the same effect Upon the whole the Lord Chief Justice so clearly display'd the Contradictions of the Testimony and the Improbability of the Circumstances and so plainly trac'd them through all their Obscurities and Ambiguities that the Jury found Braddon guilty of the whole Matter Charg'd upon him in the Information and Mr. Speak guilty of all but Conspiring to procure false Witnesses Thereupon the Court set a Fine of 2000 l. upon Mr. Braddon with Order to find Sureties for his good Behaviour during Life and to be committed till the same be performed Upon Mr. Speak they set a Fine of 1000 l. with the same Order for Sureties and commitment The Charge and Defence of Sir Samuel Barnardiston Tryed for High Misdemeanour the 14th of February 1683. before the Right Honourable the Lord Chief Justice Jefferies at the Sessions of Nisi Prius for the City of London after the Term. The Names of the JVRY were Thomas Vernon Percival Gilburn Edward Bovery William Withers Sen. James Wood Robert Masters Samuel Newton George Torriano Kenelm Smith Thomas Goddard Thomas Amy Richard Blackburn THE Information against the Defendant was for Scandalising The Information and substance of the Letters and Vilifying the Evidence in the last Horrid Plot which he did in several Letters in one of which he Related the great Favour into which the Duke of Monmouth was returnd and seem'd to Triumph that all the Prisoners that were in the late Sham Protestant-Plot were Discharg'd upon Bayl that Braddon was not Prosecuted that the passing Sentence upon the Author of Julian c. and the Printer of the Lord Russels Speech were pass'd over in silence c. To which he added these Expressions 'T is generally said the Earl of Essex was Murthered The brave Lord R●sse● is afresh lamented The Plot is lost here unless you can find it in the Country among the Addressers and Abhorrers That ●he High Tories and Clergy were mortify'd and Sir George ●as grown humble This was the substance of the rest of the Letters with some alterations of Words To prove him the Author of the several Letters Mr. Brathwayt Mr. Brath-Wayt was Sworn who deposed That Sir Samuel upon the 10th of December before the King and the Lords of the Council own'd three of the Letters to be of his own hand writing Being ask'd whether Sir Samuel said they were published by him or sent to any person the Witness Answered That he did not deny but that he had publisht and sent them Mr. Atterbury being Sworn deposed That he own'd three of the Letters to be written by him and that being ask'd by His Mr. Atterbury Majesty who subscrib'd them he Answered They were subscribed by one of his Servants and so