nor could ever endure him reviling him as having been a poor Boy found at the Door then a Thresher then a Baily and now a Witness for the King To this end he acknowledged that he spoke to Dugdale on the 20th of September in his Chamber but not alone nor about any thing but a Race to be run that day on Etching-Hill which he proved by the Testimony of his own Servants Nicholas Furness a Dutch-man whose Blunder in his Evidence made the Auditory laugh and George Leigh He produced also Thomas Sawyer a Servant to the Lord Aston and Mr. Phillips Parson of Tixal as to the Reputatiof Dugdale who said little more to disparage him than that he ran away from the Lord Aston and was apprehended and would then have been own'd by my Lord as his Servant which was refused and Six Walter Bagot Mr. Thomas Kinnersley and Sir Thomas Whitgrave being the Justices before whom he was brought affirmed That then he took the Oaths of Allegiance c. and protested he knew nothing of the Plot. Then the Lord Stafford offered to prove further against Dugdale that he had offered Mony to some to swear falsly against his Lordship to this end William Robinson a Worcestershire-man affirmed That about Midsummer was twelve-month Dugdale offered him Mony in London to swear against the Lord Stafford and John Morral a Barber in Ridgley in Staffordshire that he proffer'd him 50 l. in Hand and 50 l. more when the thing was done to swear against Mr. Howard Sir James Symonds Mr. Herbert Aston and several others as concern'd in the Plot And Samuel Holt a Black-smith at Tixal that he proffered him 40 l. to swear that Walter Moor carried Ewers away Then the Lord Stafford proceeded to prove that Dugdale deposed at the Trial of the five Jesuits That he communicated the News of Sir E. Godfrey's Death which was on Saturday to Mr. Sambidge the Tuesday following which Mr. Sambidge denies That he so swore Mr. John-Lydcott a Fellow of King's-Colledg in Cambridg and one Charles Gifford who were present at that Trial and took Notes did testify And Mr. Sambidge denied that he heard of the News till Friday or Saturday or that he was at the Ale-house with Dugdale at all but that he was an ill Man and very abusive especially to the Clergy Then the Lord Stafford proceeded against Dr. Oates objecting against him That when he was examin'd before the Council having named many and not naming the Prisoner he said he had no more to accuse and for the proof of this he call'd Sir Philip Lloyd who remembred nothing of it and appealed to the Lords then present but none could speak to it till at length the Earl of Berkley did say That he remembred in the House of Lords when Dr. Oates was asked If he could accuse any other Person of what Quality soever Oates answered That he had no more in relation to England to accuse but in relation to Ireland he had which was after he had accused the Lord Stafford though before he had accused the Queen Then he called for Mr. Dugdale again and objected further against him That he did depose before Tho. Lane and J. Vernon two Justices in Staffordshire Decemb. 24. 1678. That presently after one Howard Almoner to the Queen went beyond-Seas he was told by Geo. Hobson Servant to the Lord Aston that there was a Design c. Whereas this Hobson was not a Servant to the Lord Aston of three Years after the Almoner went and yet here he says presently But Dugdale explained that his meaning was that Hobson told him there was a Design presently after the Almoner went c. Which was contested but at last submitted to Then Mr. Turbervile was called again and the Prisoner objected against him his deposing to the Year 1673 one day and to 1672 the next whence he concluded him to be necessarily perjured But Sir William Poultney who took his Affidavit related the whole Story which shewed him to be mistaken in the Year which he finding out that Night by a Paper he found came and corrected it himself the next Morning And whereas the Lord Stafford had charged him for a Coward and for running away from his Colours he produced his Discharge from his Captain which certified otherwise Then whereas Turbervile had before deposed that his Lordship was lame of the Gout when he waited upon him in France he declared he had not been lame these forty Years and never had the Gout in his Life and his two Servants Furness and Leigh testified the same for the time they had lived with him and who were with him then in France but denied that ever they saw Turbervile with him And whereas Turbervile deposed That he came to England by Calice he said he came by Diep and produced one Mr. Wyborne who testified the same together with his aforesaid two Servants Again whereas Turbervil deposed That when he came from Doway his Relations were angry with him and the Lord Powis and his Lady he affirmed that he was upon his return received courteously at the Lord Powis's House and by his Relations which was testified by John Minhead one that belonged to the Lord Powis and a French-Man And whereas Turbervile said he was disinherited his elder Brother by another Mother testified the kindness of his Relations towards him and that there was no Estate likely ever to come to him there being so many Heirs before him Finally whereas Turbervile also in his Affidavit had said the Lord Castlemain was at the Lord Powis's at such a time which must be either in the Years 1672 1673 or 1674 he called Mr. Lydcott again to testify he was not in Wales in any of those Years who by his Notes which he confessed he had transcribed out of another Book spoke very particularly to the times only the beginning of 1672 he could not tell how to account for nor did Turbervile ever say positively to a Year So the Lord Stafford being asked if he had any more Witnesses and answering he had three or four the Peers thought it too late to proceed and so adjourned into the Parliament-Chamber and the Commons went back to their House to whom the Lords sent a Message that they had ordered the Prisoner again to the Bar at Ten next Morning The Fourth Day FRiday Decemb. 3 1680. about Ten the Court being sat and the Prisoner at the Bar the Ld. High Steward reminding him how far he had gone and where he left off in his Defence desired him to go on Who called therefore John Porter Butler to the Lord Powis who said That about a Year ago in several places in London he heard Turbervil say that he believed neither the Lord Powis nor the rest of the Lords were in the Plot and the Witnesses that swore against him he believed were perjured and he could not believe any thing of it and that as he hoped for Salvation he knew nothing of it neither directly
AN EXACT ABRIDGMENT Of all the TRIALS Not omitting any Material PASSAGE therein which have been published since the Year 1678 Relating to the Popish and pretended Protestant-Plots In the Reigns of King Charles the 2d and King James the 2d LONDON Printed by J. D. for Awnsham Churchill at the Black-Swan in Avy-Mary Lane MDCXC To the Right Honourable HENRY LORD BOOTH Baron DE LA MER of Dunham-Massy Lord Lieutenant of the County-Palatine of Chester one of the Lords of the Treasury and one of his Majesty's most Honourable Privy-Council My Lord THat I presume to present this Abstract to your Honour the just Interest your Lordship hath both in it and its Author is sufficient Apology It must never be forgot what good Service Your Trial though Your own extraordinary Prudence and couragious management thereof did to the Publick in stopping that Sluce of Blood which had unjustly been then opened with a Design which had well-nigh effected to suffocate our Laws and feed their Tyrannical Arbitrary Power For 't is evident the Fanatick Plot then like them that made it afterward disserted the Stage and though your Honour 's undaunted Appearance and powerful Aid have never since as 't is hoped they never will dare to appear amongst us the unavoidable Mischief whence otherwise would have followed most Men now are wise enough to apprehend Your Lordship's Vertues indeed have always from a very early beginning rendred You a no less real Friend to your Country than a formidable Enemy to the mightiest of its Opposers And Your generous Courage hath embolden'd You to express it even with the greatest Hazard in the worst of Times You have done and suffered much I 'me sure Your share for the Publick and your Lordship's last generous Essay hath now made all Men very sensible of it so that your Honour's Fame needs not the Aid of my Breath to blow it further Abroad Only I must crave your Lordships leave to say that I am proud of this Occasion to tender your Honour even so small a Testimony of real Gratitude from one who is a Member of a Family that hath been honour'd with a long and uninterrupted Friendship of Yours not only in Your Father's Time but in Your Lordship 's since May Your Honour go on to dazle and outshine all your Enemies in faithfully serving the best of Princes and the most ungrateful of Nations May Almighty God long preserve your Person and Vertuous Family in Grace Health and Prosperity And may this your Trial be the last that ever may entitle You to the Patronage of the like Abstraction is the sincere Prayer of My Lord Your Honours most Humble and Faithful Servant P. N. TO THE READER AS in these ten or eleven Years last past have happened as wonderful Passages within this our Island as ever History mention'd so are the Records thereof surely very valuable to the considering part of Mankind A Collection whereof thou art here presented with in a Volume that will spare thee both in thy Purse and Time without defrauding thee of the least drachm of any material Information Here thou hast the substance of Forty nine Trials consisting of near seven hundred Sheets of Paper and which bought singly as they were published cost five Pounds or more and which now would be difficult to collect at almost any price carefully reduced comparatively to a small Bulk and Price yet so as to preserve a perfect remembrance of Things and Persons any way materially concerned therein As herein was designed nothing of Reflection so must thou expect only an Abstraction And for the Compleatness and Sufficiency of this I submit to thy Censure after thou hast read what follows I say nothing of the usefulness thereof because none can have so little Concern for the Knowledg and Remembrance of past Transactions as not to be aware of it If it be well done I am sure it cannot be ill took A CATALOGUE of the following TRIALS Abridg'd 1678. The Trials of 1. WIlliam Staley Pag. 1 2. Edward Coleman Pag. 5 3. William Ireland Thomas Pickering and John Grove Pag. 13 4. Robert Green Henry Berry and Lawrence Hill Pag. 19 5. Nathaniel Thompson William Pain and John Farrell Pag. 31 1679. The Trials of 6. Nathaniel Reading Pag. 42 7. Thomas Whitebread William Harcourt John Fenwick John Gavan and Anthony Turner Pag. 50 8. Richard Langhorn Pag. 62 9. Sir George Wakeman William Marshal William Rumley and James Corker Pag. 71 10 Andrew Brommich William Atkins and Charles Kern Pag. 80 11 Thomas Knox and John Lane Pag. 85 12 Lionel Anderson William Russel Charles Parry Henry Starkey James Corker Will. Marshal and Alexand. Lumbsden Pag. 98 13 Sir Thomas Gascoyne Pag. 101 1680. The Trials of 14 Henry Care Pag. 112 15 Elizabeth Cellier Pag. 115 16 Roger Earl of Castlemain Pag. 118 17 John Giles Pag. 123 18 Elizabeth Cellier Pag. 131 19 Thomas Twing and Mary Pressicks Pag. 139 20 William Viscount Stufford Pag. 145 1681. The Trials of 21 Edward Fitz-Harris Pag. 190 22 Oliver Plunket Pag. 198 23 Sir Miles Stapleton Pag. 204 24 Georgt Busby Pag. 209 25 Stephen Colledge Pag. 214 26 Anthony Earl of Shaftsbury Pag. 243 27 Charles John Count Coningsmark Christopher Vratz John Stern and Charles George Borosky Pag. 255 1683. The Trials of 28 Thomas Pilkington Samuel Shute Henry Cornish Ford Lord Grey of Werk Sir Thomas Player Slingsby Bethel Francis Jenks John Deagle Richard Freeman Richard Goodenough Robert Key John Wickham Samuel Swinock and John Jekyll sen the pretended Rioters Pag. 266 29 Capt. Thomas Walcot Pag. 274 30 William Hone Pag. 289 31 William Lord Russel Pag. 292 32 John Rouse Pag. 303 33 Capt. William Blague Pag. 307 34 Col. Sidney Pag. 311 35 John Hambden Pag. 325 36 Lawrence Braddon and Hugh Speke Pag. 332 37 Sir Samuel Barnardiston Pag. 351 1684. The Trial of 38 Sir William Pritchard Plaintiff and Thomas Papillon Defendant Pag. 364 1685. The Trials of 39 Dr. Titus Oates Pag. 372 40 Dr. Titus Oates Pag. 384 41 William Ring Pag. 397 42 John Fernly Pag. 400 43 Elizabeth Gaunt Pag. 402 44 Henry Cornish Pag. 404 45 Henry Baron Delamere Pag. 404 45 Henry Baron Delamere Pag. 410 1686. The Trial of 46 Henry Lord Bishop of London Pag. 424 1687. The Trial of 47 William Ld. Arch Bp. of Canterbury William Ld. Bp. of St. Asaph Francis Ld. Bp. of Ely John Ld. Bp. of Chichester Thomas Ld. Bp. of Bath and Wells Thomas Ld. Bp. of Peterborough Jonathan Ld. Bp. of Bristol Pag. 434 The following Petition and Trials were omitted in the former Collection are now added in the Appendix Col. Sidney's Petition to K. Charles II. Pag. 1 The Trial of Charles Bateman Chirurgeon P. 2 The Trial of John Hambden Gent. P. 10 This may be printed ROB. MIDGLEY June 17. 1689. The Trial of William Stayley Goldsmith at the King's-Bench-Bar on Thursday Novemb. 21. 1678. HIS Indictment was for Treasonable Words against his most
he upon which they let him go The Clerk of the Crows said he knew this Spence and that he was very like Sir E. Godfrey Then John Oakeley's Affidavit was read which was made before Sir John Moore Mayor June 22. 1682. and was That he coming by Somerset-House upon Saturday Octob. 12. 1678. the very day on which Sir E. Godfrey was missing about eight or nine at Night he saw Sir Edmond-bury near the VVater-gate and past close by him knowing him very well put off his Hat to him and Sir Edm. did the like to him and having pass'd him he turned and looked upon him and saw him stand still and a Man or two near him And that he told this to Elizabeth Dekin two or three days after and to his Uncle Ralph Oakely of Little St. Bartholomew about a Week after and to his Father Robert Oakely and several others in a short time after Elizabeth Dekin's Affidavit who was his Fellow-Servant before Sir John Moore at the same time hereof and Mr. Robert Breedon's Affidavit who was their Master and a Brewer near Sir E. Godfrey's House made then also that Dekin had told him what Oakely had told her and that before the Body was found And Robert Oakely his Fathers Affidavit made at the same time that his Son had told him the same and his Uncle Ralph Oakeley's Affidavit of the same before Mr. Justice Dolbin July 4. 1683. were all annexed to corroborate his Testimony And whereas it had been reported that Sir E. Godfrey hang'd himself and that one Moore his Clerk cut him down the said Henry Moore made Affidavit before Justice Balam of the Isle of Ely July 28. 1681. That the Report was false and scandalous and that he neither said nor did any such thing John Brown and William Lock also of Maribone made Affidavit before Sir John Moore Mayor June 30. 1682. That they viewing the Body on Thursday Octob. 17. 1678. as it lay in the Ditch found that the Pummel of the Sword-Hilt did not touch the Ground by an handful c.. Benjamin Man also of London Gent. being not called at the Trial tho twice subpoened made Affidavit before Sir W. Dolbin July 3. 1682. That being in the Gatehouse when Green was took and about to be put into Irons and understanding his Crime saying he did not think to have found him such a Man Green thereupon replied He was a dead Man Robert Forset Esq of Maribone made Affidavit also before Sir VV. Dolbin on July 1. 1682. That he was a hunting with his Hounds on Tuesday Octob. 15. 1678. and beat that very place where the Body was afterwards found but there was neither Body nor Gloves nor Cane thereabouts then and that Mr. Henry Harwood who is since dead borrowed his Hounds and told him that he beat the same Ditch the next day and that no Body was there he was sure on VVednesday at Noon George Larkin of London Printer made Oath also before Sir John Moore Mayor March 22. 1681. That he going to see the Body on Octob. 18. 1678. he met Nat. Thompson there who then proposed the printing of a Narrative of this Murder to him desiring his Assistance which they afterward agreed to print and that contain'd how Sir E. Godfrey's Face was of a fresh Colour tho in his life-time Pale a green Circle about his Neck as if he had been strangled c. That there was no Blood in the place and his Shoes as clean as if he had but just come out of his own Chamber which was an evident sign that he was carried thither and that the Coroners Inquest found that he was suffocated before the Wounds were made c. And finally that one of the Jury affirmed that his Mother's Servant searched all those Grounds for a Calf that was missing Monday and Tuesday and at that time there lay no dead Body Belt Gloves Stick c. Farrell it seems was Trustee for Fenwick that was executed and Pain was Brother to Nevill alias Pain who was famous for scribling for Mrs. Cellier and the Papists The Court consulting together Mr. Justice Jones having first set out the greatness of their Crime gave the Judgment of the Court which was That Thomson and Farrell should stand in the Pillory in the Palace-Yard the last day of the Term for an hours space between ten and one and each of them pay 100 l. Fine and to be imprisoned till they had paid it Pain was excused from the Pillory but adjudg'd to the same Fine Accordingly on Wednesday July 5. 1682. Thompson and Farrell were Pillored with this Writing over their Heads For libelling the Justice of the Nation by making the VVorld belive that Sir Edmondbury Godfrey murdered himself The Trial of Nathaniel Reading Esq before the Commissioners of Oyer and Terminer at the King's-Bench-Bar at Westminster on Thursday April 24. 1679. ON Wednesday April 16th 1679 His Majesties Commissioners of Oyer and Terminer did meet at Westminster-Hall in the Court of King's-Bench When and where the Commission was Read and the Grand-Jury Sworn and then Sir James Butler the Chief Commissioner that then appeared gave them their Charge informing them briefly of the Occasion of their meeting desiring them to go together and take the Witnesses being first sworn along with them which they did for about half an hour and then returned finding it Billa Vera. After which the Court Adjourned to Thursday April 24. On which day the Commissioners there met viz. Sir Francis North Kt. Ld. Ch. Justice of His Majesties Court of Common-Pleas William Montague Esq Ld. Ch. Baron of his Majesties Court Exchequer Sir William Wylde Kt. and Bar. one of his Majesty's Justices of the King's-Bench Sir Hugh Windham Kt. one of his Majesty's Justices of the Common-Pleas Sir Robert Atkins Kt. of the Bath another of the Justices of the Common-Pleas Sir Edward Thurland Kt. one of the Barons of the Exchequer Vere Bertie Esq another of the Justices of the Common-Pleas Sir Thomas Jones Kt. another of the Justices of the King's-Bench Sir Francis Bramston Kt. another of the Barons of the Exchequer Sir William Dolben Kt. another of the Justices of the King's-Bench Sir William Jones Kt. his Majesty's Attorney-General Sir James Butler Kt. one of the King's Counsel and the Queen's Attorney Sir Philip Mathews Bar. Sir Thomas Orbey Kt. and Bar. Sir Thomas Byde Kt. Sir William Bowles Kt. Sir Thomas Stringer Serjeant at Law Sir Charles Pitfield Kt. Thomas Robinson Esq Humphrey Wyrle Esq Thomas Haryot Esq Richard Gower Esq After Proclamation made for Attendance the Lord Chief Justice North discharged the Grand Inquest and Mr. Reading being set to the Bar his Indictment was read to him Being for Soliciting Suborning and endeavouring to perswade Mr. William Bedloe to lessen stifle and omit to give Evidence the full Truth according to his Knowledg against the Lord Powis Lord Stafford Lord Petre and Sir Henry Tichborn but to give such Evidence as he the said
Ireland and the other Conspirators were produced and the Convictions of Reading Lane Knox and others were delivered in And the Record of the Attainder of Coleman was read in Latin by the Clerk Which concluding the Evidences in general of the Plot the Court thought fit not to enter upon particular Evidences against the Prisoner till another day Whereupon the Lord High Steward adjoun'd the Lords into the House of Lords and the Commons returned to their House where Mr. Speaker reassuming the Chair the House adjourned to Eight of the Clock the next Morning The Second Day Wednesday Decemb. 1. 1680 about 10 of the Clock the Court being sat and the Prisonet appearing Mr. Dugdale being sworn again appeared to Evidence as to the Particulars against the Lord Stafford who accordingly deposed That he had been some Years acquainted with the Lord Staffordy while he was a Servant to the Lord Aston That in August or September 1678 there was a Consult at the Lord Aston's at Tixal at which the Lord Stafford was and with the rest did consent to a Resolve That it was the best way to take away the Life of the King as the speediest Means to introduce Popery That on a Sunday Morning the Lord Stafford coming to the Lord Aston's to hear Mass as he alight off his Horse he said to the Witness It was a sad thing they could not say their Prayers but in an hidden manner but e're long they should have the Romish Religion established That about Septemb. 20 or 21 the Lord Stafford sent for him to his Chamber and proffer'd him 500 l. to be concern'd in taking away the Life of the King wherein he said he was concern'd himself and that he should go in October to London with him and be under the Care of him and Mr. Ireland in London and in the Country of one Mr. Parson's that knew of the Design And that he should have a Reward in London and he understood that the Duke of York the Lord Arundel Lord Bellasis and others were to give it him and that he should have his Pardon from the Pope and be Sainted That also he saw a Letter from the Lord Stafford to Mr. Ewers expressing that things went all well beyond-Sea and so he hoped they did here for the carrying on of their Design Then Dr. Oates being also sworn again deposed That he had seen several Letters in Spain and at St. Omers singned Stafford wherein were assurances of his Zeal for the promoting of Popery in England That in June 1678 he saw the Lord Stafford at Fenwick's Lodging receive a Commission as he believes to be Pay-master General to the Army which promised to effect and going then into the Country he said he did not doubt but at his return Grove should do the Business And speaking of the King he said there He had deceived them a great while and they could bear no longer But the Lord Stafford denied that he either knew Fenwick or Oates After him Mr. Edward Turbervile deposed That he being under some displeasure with his Relations for not entring himself of the Society he betook himself to his Brother a Benedictine Monk in France where staying a while and refusing to be admitted into that Society also her resolved for England and to that end was recommended to the Acquaintance of the Lord Stafford then at Paris who after some time understanding his Condition and imagining him a fit Instrument he proposed to him a way whereby as he said he might not only retrieve his Reputation with his Relations but also make himself a very happy Man And after having obliged him to Secresy he told him in direct terms it was to take away the Life of the King of England who was an Heretick and consequently a Rebel against God Almighty But he desiring time to consider it avoided the seeing my Lord any more and so came to London and by Applications to the Duke of Monmouth he got into the French Service This was in Novemb. 1675. My Lord then charg'd him with running from his Colours and therefore unfit for such a Service and that he never saw him before And here the Evidence ceasing the Lord Stafford began his Defence complaining of his close Imprisonment for two Years and of his abhorrence of those two great Sins Treason and Murder owning and condemning the Gunpowder Plot and the King-killing Doctrine protesting his own Loyalty and Innocency Not doubting to prove these Witnesses perjured and therefore requesting the use of the Lord's Journal-Book and the Depositions of Dugdale Oates and Turbervile without which he could not make his Defence Hereupon arose some Debate in the Court after which the Lords withdrew and after an hour and an halfs space returned and then the Lord High Steward did tell the Lord Stafford that what-ever Evidence there is before the Court of Peers he was to have but for the others they could not help him thereto and in regard he had complained of his Faintness the Lords intended not to put him upon it to go on to make his Defence but would give him time till to Morrow For which the Lord Stafford thanked the Lords but insisted to request moreover the Depositions of Dugdale but he was told they were in the Journal-Book which he was allowed the use of Then the Prisoner desired he might not appear till ten of the Clock next day because he wanted Sleep writing late or that one days respite might be allowed him which the Lord High Steward seemed inclinable for but was opposed by the Managers for the Commons then Court adjourned into the Parliament-Chamber and the Commons went to their House to whom the Lords soon after sent a Message That they had ordered the Prisoner to the Bar at Ten of the Clock next Morning And then the Commons adjourned so Eight the next Morning The Third Day THursday Decemb. 2. 1680. at Ten the Court being sate the Prisoner was set to Bar and required to go on with his Defence For which end he called Turbervile and asked him when he last saw him who said in Novemb 1675. Whence he made his Plea that he was not within the time limited for prosecution but was informed of his Mastake lesser Crimes being limited to six Months but Treason to no time at all Then Dugdale being called again was by him charged That He had sworn at Sir George Wakeman's Trial that he the Lord Stafford was at a Consult at Tixal in August 1678 and proved it by the Testimony of the Lady Marchioness of Winchester and one Mrs. Howard who affirm'd they heard him though Dugdale denied it and then proved that he was all that Month at the Bath and at the Marquess of Worcester's House by Thomas Bonny Clerk of the Kitchen to the Lord Marquess of Worcester Thomas White his Coachman Richard Bevan his Groom and the Lord Marquess himself and that he came not to Tixal till Septemb. 12. and then had no Converse alone with Dugdale
Papers that had been charged upon him that they were none of his nor did he ever own them for his nor could he ever make Pictures nor did he ever in his Life and that that very Person whom Mr. Dugdale said he owned he got it to be printed by had denied it before the King and Council Then Elizabeth Hunt the Prisoner's servant appeared who testified That about 7 or 8 Weeks before the seizure of the Papers a Porter brought three Bundles of Papers for her Master in his absence which lay in a Box in his Counting-house a Week or Fortnight before she told him of them And as to Mr. Dugdale that she going to him for Mony he owed her Master after he was in Prison and he not paying her it as he promised she said to him Sir I think 't is very hard that you should keep my Master's Mony from him and yet go and swear against his Life too he said to her There was a great deal of do about his swearing against her Master more than needs but as he hoped for Salvation he did not believe Mr. Colledge had any more hand in any Conspiracy against his Majesty than the Child unborn Mr. Colledge inform'd the Court that this Maid moreover told him in the Tower before he came away that Mr. Dugdale desired to be remembred to Mr. Smith Colledge's Counsel and told her he had nothing against her Master that could touch his Life or an Hair of his Head and that he knew nothing of a Plot against the King and that if he could help it he had as lieve he had given 100 l. he had never spoken what he had Which she own'd for truth and Dugdale then denied evading it by telling the Story another way Then Mrs. Godwin being called appeared who related concerning the Papers that three Messengers coming to search for them on the Saturday after her Brother's confinement and they not finding them she got her Brother-in-law George Spur to carry them away to his House at Busshie to secure them till they should know what they did concern Then Spur being called did not appear Then the Attorny General called for one John Shirland who appeared to be a Man that lived by his Shifts and had been whip'd in Bridewel who swore that Mr. Bolron would have given him 10 l. and an Horse to go down and swear against Sir Miles Stapleton Which Bolron denied Then Smith deposed likewise against Mr. Bolron that he told him as they were traveling that he had as much to say against Colledge as any Body and that if he would speak for him he would evidence against Sir John Brooks for a discourse at Ferry-Bridge Which Mr. Bolron deny'd likewise Then no more Witnesses being called Mr. Colledge began to make his Observations upon the Evidence to the Court Professing his own Innocency as to what had been sworn against him and upon what had been attested for him owning his Zeal for his King Parliaments Church of England and against Popery Relating how he came acquainted with Haynes and the discoveries he made to him of the Popish Plot and of Sir Edmondbury Godfrey's Murder for which the Court interrupted and reproved him as not to the purpose and then he went on to sum up his own Evidence complaining of his close Confinement so that he could not procure that Evidence he otherwise might have done for himself The Statute of Decimo tertio was read to him and then Mr. Colledge very pathetically recommending himself to the Justice of his Jury concluded his Defence Then Mr. Sollicitor General largely summ'd up the Evidence and Mr. Serjeant Jefferies and the Lord Chief Justice did the same Then the Court called for two Bottles of Sack which the Jury divided among themselves at the Bar for their Refreshment in the presence of the Prisoner After which a Bailiff was sworn and the Jury withdrawing to consider of their Verdict the Court adjourned for half an hour and when they returned the Jury brought the Prisoner in Guilty At which there was a great Shout given whereat the Court being offended one Person who was observed by the Cryer to be particularly concerned in the Shout was committed to Goal for that Night but the next Morning having received a publick Reproof was discharged without Fees Then it being about 3 a Clock in the Morning the Court adjourned to 10. At which hour the Court being sat and first Mr. Aaron Smith having entred into a Recognizance of 500 l. to appear the first day of the next Term at the Court of King's-Bench the Lord Chief-Justice after a short speech directed to the Prisoner pronounced Sentence upon him to be Hang'd Drawn and Quartered which was accordingly executed upon him over against the Gate of the Castle at Oxford on Wednesday August 31. 1681. And his Head and Quarters through his Majesty's Grace were delivered to his Relations and by them brought up to London and privately interred The proceedings at the Sessions-House in the Old-Baily London on Thursday November 24. 1681. before his Majesty's Commissioners of Oyer and Terminer upon on the Bill of Indictment for High-Treason against Anthony Earl of Shaftsbury The Grand Jury Sir Samuel Barnardiston John Morden Thomas Papillon John Dubois Charles Herle Edward Rudge Humphrey Edwin John Morrice Edmund Harrison Joseph Wright John Cox Thomas Parker Leonard Robinson Thomas Shepherd John Flavell Michael Godfrey Joseph Richardson William Empson Andrew Kendrick John Lane John Hall THE Lord Chief Justice Pemberton gave the Charge wherein he explained the Nature of Treason particularly from the Statute of the 13th Car. 2. and explained the Validity of two Witnesses and the Jury's present Duty After which a Bill of High-Treason was offered against the Earl of Shaftsbury and Sir Francis Withens moved That the Evidence might be heard in Court Then the Jury desired a Copy of their Oath which the Court granted and then they withdrew After some little time they returned and being called over by their Names The Foreman acquainted the Lord Chief Justice That it was the Opinion of the Jury and they claim'd as their Right that they ought to examine the Witnesses in private But the Lord Chief Justice deny'd that it was their Right but was their Advantage and it was the King's desire it should be publick in which also the Lord Chief Justice North concurr'd and then therefore the Indictment was read wherein the Earl of Shaftsbury was charged with High-Treason for conspiring the Death of the King and subversion of the Government The Jury then desired a List of the Names of the King's Evidence But they were told that they being indorsed upon the back of the Indictment which they were to have out with them it was needless Then they requested to see the Warrant by which the Earl of Shaftsbury was committed but that they being told that the Lieutenant of the Tower kept for his Indemnity could not be granted Then they requested that the Evidence might
seemed much concern'd and his Countenance altered and desired to lie down Then Mr. Gibbons deposed That when they had apprehended the Count they carried him to the Mayor's and thence to an Inn for 2 or 3 hours and there the Count asked him his Name because he said he would come and give him Thanks after his Trouble was over he owned his Name Gibbons and that he belonged to the Duke of Monmouth Said he the Duke of Monmouth hath no Command now and therefore how could he take him by his Order He said he did not come upon his Command but he had killed a very good Friend of his and a Country-Man and if Providence had not ordered it otherwise he had killed a more particular Friend of mine and a Master whom he had served many Years He said he did not think they would have done the D. of Monmouth any Injury After which walking up and down he said 'T was a stain upon his Blood but one good Action in the Wars or Lodging upon a Counterscrap will wash away all that Then he asking what the People said he told him the Captain had made a Confession though it was a thing he did not then know the Count said he did not believe the Captain would confess any thing To all this the Count by his Interpreter Sir Nathaniel Johnson reply'd That he came into England with a design to have got a Regiment and serv'd England against France hearing of an Alliance to be between England Holland and Sweedland against France That he lay incognito because he was broke out in Spots on his Arms and Breast and designed to take Physick and avoid drinking of Wine and his Equipage was not come to him till after That he removed his Lodgings the first because it was too cold for him and the second because of a smoaking Chimney That he sent for the Polander over to dress his Horses after the German way which he came to buy and had return'd 1000 Pistols for that end and had bought one Horse which the Count's Brother testified That had it not been for the stormy Weather the Polander had arrived sooner he having writ for him 4 Months ago That he had no Quarrel with Mr. Thynn nor to the best of his knowledg ever saw him That it was strange he should ask a Scullion-boy whether People might ride on Sundays when he himself over and over again has rid upon Sundays to Hide-Park which was testified by Major Oglethorp and divers other Gentlemen That Capt. Vratz visited him on Sunday only because he was sick That he gave the Polander to the Captain because he should have no use for him himself bought him Clothes and a Sword because he wanted them That he absconded because one Markham his Taylor told him he heard him named as concern'd in the Murder and that if the Common People should catch him they would tear him to pieces and so his Friends did counsel him to withdraw That he heard the People say the Murderers follow'd Mr. Thynn's Coach but would not shoot till the Duke of Monmouth was gone out That he spoke of his Apprehension and Imprisonment as being a stain to his Blood And then the Count speaking something of the Repute of his own Family and Zeal for the Protestant Religion and Love for the English c. Sir Francis Winnington summ'd up the Evidence whereat the People made a great shout but were rebuked for it by the Court Mr. Williams did also the like and then the Ld. Ch. Justice gave the Charge and the Jury withdrew and the Court Adjourned for half an hour and then sent for the Jury who brought in Borosky Vratz and Stern Guilty and the County Not Guilty Who being dismiss'd Mr. Recorder sentenc'd the other 3 to be hang'd Who were accordingly Executed in the Pall-Mall on Friday Mar. 10 following and Borosky was afterwards hung up in Chains a little beyond Mile-End by his Majesty's Command The Trial of Sheriffs Thomas Pilkington Esq Samuel Shute Esq Henry Cornish Alderman Ford Lord Grey of Wark Sir Thomas Player Kt. Chamberlain Slingsby Bethel Esquire Francis Jenks John Deagle Richard Freeman Richard Goodenough Robert Key John Wickham Samuel Swinock and John Jekyll sen Before the Lord Chief Justice Saunders at the Guild-Hall London on Tuesday May 8. 1683. THen and there the Defendants appeared for their Trial upon an information against them for the Riot at Guild-hall on Midsummer-day 1682. being the Day for Election of Sheriffs for the Year ensuing To which they had pleaded Not Guilty And the Jury appearing the Defendants Counsel challenged the Array because returned by Sir Dudley North whose legally being Sheriff was now in question Which Challenge was read in French and English and admitted of a long Debate but was over-ruled As was also another Challenge offered on behalf of the Lord Grey The Defendants Counsel then prayed a Bill of Exceptions which also was over-ruled The Jury sworn were Sir Benjamin Newland Sir John Matthews Sir Thomas Griffith Sir Edmund Wiseman Sir John Buckworth Percival Gilburn Henry Wagstaff Barthol Ferriman Thomas Blackmore Samuel Newton William Watton George Villars To whom the Information being read the same was opened by Mr. Dolbin and Mr. Attorn Gen. Mr. Sol. Gen. and Mr. Serj. Jefferies opened the Evidence And then the Common Serjeant Mr. Lightfoot Mr. Wells the Common-Crier Mr. Man the Sword-Bearer Mr. King Sir William Hooker and Mr. Bancroft all being sworn deposed their knowledg about the Method of the City Elections all concurring That the Lord-Mayor always used to summon and adjourn and dissolve the Common-Hall and that the Sheriffs as Sheriffs were no more concern'd in the Case than any private Man Then Mr. Craddock deposed as to the Persons concern'd in the Riot That he was then standing where they poll'd and the Lord-Mayor coming thither also to protest against their manner of Proceeding Sheriff Bethel bid him oppose or resist him for that he had nothing to do there And that this was before the Poll was adjourn'd Mr. Reeves then depos'd That he saw Mr. Shute and Mr. Pilkington encouraging the People to Poll after the Lord-Mayor was gone and that while the Lord-Mayor was there he saw a great Contest among the People some saying he had nothing to do there another cried Stop the Sword stop the Sword whom he laid hold of but some Body got him again from him Mr. John Hill deposed That he saw then Mr. Robert Key Mr. Goodenough and the Lord Grey among the People as also Mr. Cornish Mr. Richard Fletcher deposed That he also was there on that Midsummer-day by Order of Sheriff Shute after the Lord-Mayor was gone to call all Men that were to poll to come forward for the Books were to be shut up and that he could only testify that Mr. Pilkington and Mr. Shute were both there Then Capt. Clark depos'd That when Proclamation was then made for adjournment of the Court and God save the King was
proclaimed above an hundred hist at it and cried No King's-Man no Sword-Man one of whom he laid hold on but the Crowd was great and he was call'd away to guard the Lord-Mayor whom he found down upon his Knees and the People crying Press on press on and God save the Sheriffs He guarded the Lord-Mayor home and came again for awhile and saw the two Sheriffs concerned in carrying on the Poll for some time Major Kelsey deposed That he followed the Lord-Mayor then out of the Court and some cried Stop him stop him and gave a Shout and he saw the Lord-Mayor's Hat upon his Back and he was down himself but the Press was so great he could not tell who was there Mr. Trice Hammond deposed That he saw there that Evening the Lord Grey Mr. Key Mr. Cornish Mr. Goodenough and the two Sheriffs Sheriff Shute making Proclamation himself upon the Hustings because one or two had refused it for the adjournment of the Court and this was two hours after the Lord-Mayor had adjourn'd the Court. Then Mr. Higgins depos'd That when God save the King was said he heard the People say God save the Protestant Sheriffs and cry'd Down with the Sword and after he had attended the Lord-Mayor home he returned thither again and saw there one Free-man whom they call'd the Protestant Cheese-monger calling To poll to poll That he saw Mr. Alderman Cornish come up to the Sheriffs and tell them they were doing right and say to Sheriff Shute You shall have all right done to you That he saw also Mr. Swinnock and Mr. Jekyll the Elder there Mr. William Bell deposed to Mr. Cornish Mr. Bethel and Mr. Pilkington's being there Mr. Vavasor swore to Mr. Cornish and the two Sheriffs being there and that had it not been for Mr. Hammond he had been trod underfoot Mr. Denham deposed That he saw Sir Thomas Player and Mr. Jenks there in the Yard Mr. Farrington swore That he saw there the two Sheriffs Sir Thomas Player Mr. John Wickham the Scrivener in Lothbury Mr. Jenks the Linnen-Draper Alderman Cornish Babington and one Jennings an Upholsterer and that his Toes were trode upon and a mischief had been done him had it not been for Mr. Fletcher and Mr. Hill Mr. Cartwright deposed he knew the Names of none there only that he saw the Lord-Mayor had like to have been thrown down going out of the Hall after he had adjourn'd the Court had it not been for Mr. Shaw and that going to save him he wrenched his back and spit Blood for seven days after Then Mr. Shaw depos'd That the Lord-Mayor coming down the steps there was such a crowd that if he had not catched him in his Arms he had fallen upon his Forehead and his Hat was off Then Mr. Kemp depos'd that Mr. Deagle confessed to him that he was there about seven at Night And Mr. Rigby swore That he saw Master Deagle there among the Crowd about that Time After this Mr. Williams of Counsel for the Defendants urged That none of the Cries or Hissings were fixed upon the Defendants nor were they concerned therein though they were there And that it was a Question Whether the Right of Adjourning was in the Lord-Mayor And if not that then here could be no Riot Sir Francis Winnington spoke to the same purpose for the Defendants And then Mr. Thompson call'd Sir Robert Clayton who deposed That in his Mayoralty there was a Poll for the Election of Sheriffs and that he left the management thereof which lasted five or six days wholly to the Sheriffs as belonging to them and that when it was adjourned from Saturday to Monday he supposed it was done by them he not thinking it did belong to any Body else Mr. Love then deposed That two and twenty Years ago he was Sheriff and upon the Election of new Sheriffs the Lord-Mayor left the management of the Hall to him and his Brother Sheriff bidding them look to their Office never interposing at all and if he had truly he should have bid the Lord-Mayor have looked to his Office The management of the Hall at Elections having always been judged in his Time the Right of the Sheriffs Then Mr. Holt urg'd for the Defendants That this Assembly upon such a Supposition of the Sheriffs Right could not be made a Riot so long as no Extravagances were committed And Mr. Wallop spoke to the same purpose And then Mr. Deputy Sibley deposed That he had been on the Livery every since 1639 and that he never remembred any Lord-Mayor to interpose in Elections till here of late it being always left to the Sheriffs as belonging of Right to them And Mr. Winstanley swore That the Poll in Sir Robert Clayton's Time was managed by the Sheriffs Then Mr. Jackson deposed only That the Crowd was so great he could scarce see one way or other But Mr. Roe deposed That he then saw a matter of an hundred with their Hats upon Sticks crying Damn the Whigs saying the Work was done to stop the Poll. Whence the Defendants Counsel inferr'd That if there were any rudeness those very People that came with the Lord-Mayor were the cause of it After this Mr. Attorny General called Sir Simon Lewis and Sir Jonathan Raymond who were Sheriffs when Sir Robert Clayton was Lord Mayor and they both deposed that they took the Lord Mayor's Directions and that he did Adjourn the Court and they only appointed from Day to Day till the Pole was ended Sir James Smith who was Sheriff the Year after Sir Robert Clayton deposed That he never heard it questioned but that the Lord Mayor had the right of Adjourning And then Mr. Common-Serjeant related the whole passage and deposed That Sir Robert Clayton did Adjourn the Court himself After which Mr. Williams urged particularly in defence of the Lord Grey that he was there only accidentally coming to Sir William Gulston with whom he was treating about selling the Mannor of Corsfield in Essex one Mr. Ireton who treated for him deposing That there was such a treating on foot and that he heard of an appointment to meet again And Sir Thomas Armstrong deposed That he saw Sir William and my Lord together that night about eight a Clock After which the Counsel for the Defendants urg'd That the Case being so probable their insisting upon it would not make it a Riot and that the Assembly was not continued in a tumultuous Manner but with a good Intent and it could not be a Riot unless there were an evil Intention to do some mischief instantcing in the Case of Sir Robert Atkins Then Mr. Attorny General summ'd up the Evidence asserting that Assembly to be unlawful after the Adjournment of the Lord-Mayor and a being present therein and countenancing it was enough to make them Guilty of the Riot The Lord Chief Justice summ'd up much to the same purpose And then the Jury withdrawing for some time brought in all the Defendants Guilty of the Trespass
and Riot The Trial of Capt. Thomas Walcot at the Old-Baily London on a Commission of Oyer and Terminer held there for the City of London and County of Middlesex on Thursday July the 12th 1683. THen and there the Prisoner was Arraign'd together with William Hone John Rouse and Capt. William Blague upon an Indictment for High-Treason for conspiring the Death of the King and raising a Rebellion in this Kingdom To which he pleaded Not Guilty with the other three And after some Exceptions the following Jury was Sworn Nicholas Charlton Christopher Pitts Robert Beddingfield John Pelling William Winbury Thomas Seaton William Rutland Thomas Short Theophilus Man John Genew John Short and Thomas Nicholas To whom the Indictment being read Mr. North of Counsel for the King in this Cause opened the same and Mr. Attorney-General Mr. Serjeant Jefferies and Mr. Sollicitor-General opened the Evidence And then Col. Rumsey deposed That about the latter end of October or beginning of November he was sent by the Lord Shaftsbury to Mr. Shepherd's House near Lombard-street to the D. of Monmouth Lord Russel Lord Grey and Sir Thomas Armstrong to know of them what was done about raising Arms at Taunton who told him that Mr. Trenchard had failed them about the Men and they could proceed no further at that time Whereupon the Lord Shaftsbury said there was no dependance upon those Gentlemen and so prepared to be gone for Holland That about a fortnight or three Weeks afterwards there was a meeting at Mr. West's Chamber where was Mr. West Mr. Goodenough Mr. Wade and another where the taking off the King and the Duke was proposed as the surest way and for that end Mr. Ferguson was writ for out of Holland who came over upon that Letter and Capt. Walcot with him upon Ash-Wednesday And they had several meetings about getting a sufficient number of Men and Mr. Goodenough and Mr. Rumbold brought Notes of many Names and Capt. Walcot was then present and undertook to be one of the Men that should help to kill the King at Rumbold's House near Hodsden in Hertfordshire as he should come from New-Market the Saturday before Easter but Capt. Walcot refused to have an hand in attacking the Coach only he would command a Party that should charge the Guards For there was to be several Parties one small Party was to have killed the Postillion another to kill the Horses and Mr. Rumbold with a certain number to seize the Coach and Captain Walcot the Guards but the Fire at New-Market causing the King to return on the Tuesday before Easter they could not have their Men in a readiness and so were disappointed Immediately upon this it was resolved on in another meeting whereat the Prisoner was that Money and Arms should be provided and Mr. Ferguson undertook the raising of Money and Mr. West the buying of Arms therewith and Mr. Goodenough and Mr. Rumbold the providing of Men to be in a readiness against the first opportunity that happened further designing to kill the King as he came from Windsor to London or from Windsor to Hampton-Court or the Play-House and that Mr. West did tell him he did buy Arms and received 100 l. of Mr. Ferguson for them That the Thursday before the Discovery they met at the Salutation in Lombard-street where was Captain Walcot Mr. West Mr. Wade the two Goodenough's Mr. Nelthrop and himself discoursing about the Division of the City into 20 parts 7 of which Mr. Goodenough gave an account of That on the Saturday following they appointed another meeting at the George on Ludgate-hill but the Discovery coming out there met only four of them And the Monday after the Discovery they met again at Capt. Tracy's there being the Prisoner Mr. West Mr. Wade Mr. Nelthrop the two Goodenough's and Mr. Ferguson who exclaimed against Keeling and resolved to be gone Then Mr. Keeling being Sworn related how before the King went to New-Market he was drawn in by Goodenough and provided Burton Thompson and Barber to join in killing the King whom Rumbold encouraged thereto by telling them the conveniences of his House for that purpose being a lone House and having a Court-Wall using this as an Argument That to kill the King and the D. of York would be a keeping one of the Commandments because unless that were done there would be a great deal of Blood-shed committed telling them the way how they designed to effect it as before and if this way failed then there should be Men in the Habit of Countrey-men with a Cart in the Lane who should run the Cart a-thwart the Lane and so stop the Coach That at the Dolphin-Tavern in Bartholomew-Lane where were Rumbold West Goodenough and Hone the Joyner he heard West talking to Rumbold about the King 's returning from New-Market asking him how many Swan-Quills Goose-Quills and Crow-Quills with Sand and Ink he must have To which was answered 6 Swan-Quills 20 Goose-Quills and 20 or 30 Crows-Quills saying that by Swan-Quills was meant Blunderbusses by Goose-Quills Muskets and by Crows-Quills Pistols and by Sand and Ink Powder and Bullets That he was at the Salutation-Tavern in Lombard-street with the Prisoner and others the Thursday before the Discovery where some of them call'd him Gulick there being then a Report of one Gulick that headed a Rising at Cologn Mr. West telling him that Gulick in Dutch was Keeling in English and that he hoped to see him at the Head of as good an Army in Wapping as Gulick was at Cologn which was all he could say as to the Prisoner He gave them a further account how Goodenough gave him 3 Papers of 3 Divisions of the City one for himself and the other 2 for whom he could trust advising him to take 9 or 10 Men to his Assistance who were to ask several Persons Supposing that the Papists should rise or be a French Invasion Are you in a Posture of Defence Which was all they were to communicate and by this means feel them and see how many Men could be raised telling him moreover of a Design to kill the King and the Duke at the Bull-Feast and lay it upon the Papists as a Branch of the Popish Plot and that one was drawing a Declaration to take away the Chimney-Money that so the common People might fall in with them more readily Saying that it was trouble of Mind caused him to make this Discovery which he did to one Mr. Peckham who brought him to the Lord Dartmouth and thence to Mr. Secretary Jenkins Acknowledging himself to be the Person who arrested the Lord-Mayor and that Goodenough did tell him that the Design was to secure the Lord-Mayor and the Sheriffs and the Tower Then Mr. Zachary Bourne depos'd That he came acquainted with the Prisoner by means of Mr. Ferguson who lodg'd at his House That he was at their Meeting at the Dragon upon Snow-hill where the Prisoner was and their Discourse was about a Design of raising and dividing the
had the Assassination gone on these things were to be done The Lord-Mayor and Sheriffs were to be kill'd and as many of the Lieutenancy as they could get and Papillon and Dubois be forc'd to take the Office of Sheriff upon them or else be used as the rest And Sir Thomas Gold Sir John Shorter or Alderman Cornish who was thought the fittest Person be set up for Lord-Mayor The Principal Ministers of State also were to be kill'd the Lord Hallifax the Lord Rochester and the Lord Keeper whom they said they would hang upon the same post that Colledge was hang'd upon for his Murder Sir John Moor was to be kill'd and hung up in Guild-Hall and the Judges to be flead and stuffed and hung up in Westminster-Hall And several of the Pentionary Parliament were to be hang'd up also The King 's Natural Sons they said were good lusty Fellows and would serve for Porters or Water-men and the Lady Ann they would marry to some Country Gentleman for a Breed to keep out Foraign Pretences And that the Prisoner at the Bar was sometimes at these Meetings when these things were discoursed of though not so often as the rest And after the News of the Fire he said he believed God shew'd his disapprobation of the thing desiring to have his Name concealed whereupon Ferguson told him he needed not to be ashamed for that it was a glorious Action and such an Action as he hoped to see publickly gratified by the Parliament and question'd not but they should be fam'd for it and have Statues erected for them with the Title of Liberatores Patriae That he had told some Nonconformists who desired him to forbear but says he they are silly People that do not know how to distinguish between killing a Prince for difference in Opinion about Religion and destroying a Tyrant for preservation of the Rights and Liberties of the People saying it was an Action that would make all the Princes of the World tremble and teach them to use their Subjects kindly That about Christmass Col. Rumsey acquainted him of an Insurrection design'd to be about March carry'd on by the D. of Monmouth Ld. Russel Ld. Grey Ld. Howard Col. Sidney Major Wildman and Mr. Hambden to whom they drew up some things to be done for the People but they were rejected in regard all was to be left to a Parliament That he was at the Salutation where Mr. Nelthrop called Mr. Keeling Culing That there was a Treaty with the Scot's but was broke off as Mr. Ferguson told him because they would not presently declare for a Common-Wealth That at the Young Devil-Tavern he met with the Prisoner and others where Holloway did propose that since the Scotish Business was broken off they should try what Forces could be rais'd here and Mr. Ferguson did say that if 3000 Men could be had he believed the D. of Monmouth and the Lord Russel would appear in the head of them That a Map was brought and the City divided into 20 parts and each 20th part into 14ths and 15ths and one principal Man was to have one 20th Part and that Goodenough reported afterwards that there were 1300 Men out of two of the Hamlets That Mr. Bourn told him he had spoken to one Parson Lobb who said he would try what his Congregation would do That about a fortnight before the discovery Rumbold told him the jealousy he had of Keeling which if he could be satisfied of that he design'd to betray them he would get him into the Country and kill him but upon the Saturday before the Discovery Rumbold and one Gale that was to be one of the Assassinates lent Keeling 100 l. he being in need and they unwilling to discourage him On the Monday after the Discovery they met in the Morning at Capt. Walcot's Lodging where it was agreed to go beyond Sea only the Witness had no mind to go and a Boat was hired and 5. l. given in earnest But understanding the Messengers were abroad and believing the River was beset every Man shifted for himself and the Witness shifted by the means of Mr. Bourne who help'd him to a Conveniency for two or three days That being thus retired they got Mr. Keeling in the City and Rumbold discours'd him in the presence of several Persons who denied that he had discovered wishing a great many Imprecations upon himself That after some discourse of killing him they propos'd to him to go out of Town which he refused That the same Night upon tracing him they found he had called out his Brother and was gone to the Secretary's whereupon it was took for granted that the Discovery was made and that every Man must shift for himself That upon that Mr. VVade said That if the Duke of Monmouth would go into the West they might try a Push for it still And the Prisoner at the Bar said he was satisfied God would deliver the Nation but that he did not approve of the present Instruments Thus the sum of what was fastned on the Prisoner was That he was at several Meetings where the killing of the King and Duke was consulted of that he went down to Rumbold's House to view the Place and undertook to fight the Guards To this he pleaded that he never was at Rumbold's House but once as he travell'd from York by Norwich and so to London And that he was not so natural a Fool to think for him to charge the Guards when another kills the King but that he should be as Guilty as he that kills And that he was ill of the Gout all the while the King was at New-market And for that Assassinating the King it never entred into his thoughts more or less But a Letter was then produc'd under his own hand to Sir Lionel Jenkins Secretary of State purporting His trouble to see himself in his Majesty's Proclamation and his resolution to lay himself at his Majesty's Feet and acknowledg his Crime and discover all he knew relating to England Scotland and Ireland which he supposed might be more than the Original Discoverer was able to acquaint his Majesty with And farther That if his Majesty thought fit he would follow those Lords and Gentlemen who were fled and as soon as he could would inform his Majesty what Measures they intended to take next Otherwise he was resolved to give his Majesty no further trouble but to lie at his Mercy let him do with him what he pleased This letter Mr. Blathwait swore Capt. VValcot owned for his when he was examin'd before the King And Capt. Richardson swore likewise that yesterday his Clerk discover'd a piece of Paper in the Prisoner's Hand which he designed to have given his Son which was a Letter to Capt. Tracy his Landlord to desire him to speak to Col. Rumsey and Mrs. VVest to speak to her Husband to be tender of him have ground enough to serve the King upon other Men and the last words of the Note were If
July 13. 1683. THen and there the Prisoner appearing he was Arraigned upon an Indictment of High-Treason for conspiring the Death of the King and subversion of the Government To which being required to plead he desired a Copy of his Indictment but being told nothing could be granted till he had pleaded he pleaded Not Guilty And then complain'd of his being arraign'd and tried at the same time desiring a Copy of his Panel having had only some Names of Persons usually upon Juries and that his Trial might be deferr'd till the Afternoon in regard he had a Witness that was not in Town But the Attorn Gen. urg'd the Jury might be called Then the Prisoner desired a Pen and Ink and some to write for him and to have the use of his Papers all which were granted And then John Martin being named the Lord Russel asked if he were a Free-holder of forty Shillings a Year saying that he thought none were allowed but such as were Free-holders To which the Court replied That no Pannel was made in London by Free-holders for that London Estates belonging either to the Nobility or Gentry that lived out of the City or to Corporations London was excepted To this his Lordship urged the Statute of 2 Hen. 5. 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 Attorn Gen. not allowing the Prisoners Exceptions his Counsel were called and again assigned him by the Court Mr. Pollexfen Mr. Holt and Mr. Ward who learnedly urged what they took to be Law in that Case and were answer'd by the Attorn Gen. Mr. Sol. Gen. Sir George Jefferies and Mr. North the King's Counsel And then it was adjudged by eight of the Judges being present viz. the Ld. Ch. Justice the Ld. Ch. Baron Mr. Justice Wyndham Mr. Justice Jones Mr. Justice Charlton Mr. Justice Levins Mr. Baron Street and Mr. Justice Withens that in case of Treason Free-hold was no good cause of Challenge The Jury-men therefore were called and after the Lord Russel hah challenged 31 of them the following Persons were sworn viz. John Martin William Rouse Jervas Seaton William Fashion Thomas Short George Toriano VVilliam Butler James Pickering Thomas Jeve Hugh Noden Robert Brough Thomas Oneby To whom the Indictment being read the same was opened by Mr. North and the Attorny-General opened the Evidence And then Col. Rumsey being sworn deposed That about the latter end of October or beginning of November the Lord Shaftsbury sent him from his Lodging by VVapping to Mr. Shepherd's to the Duke of Monmouth the Lord Russel Lord Grey Sir Thomas Armstrong and Mr. Ferguson there met to know what Resolution they were come to about the rising of Taunton Their answer was That Mr. Trenchard had failed them that he had promised 1000 foot and 300 Horse but when he came to perform it he could not He thought the People would not meddle unless they had some time to make Provision for their Families That Mr. Ferguson made this Answer the Lord Russel and the Duke of Monmouth being present and the Lord Grey saying something to the same purpose And upon this it was the Lord Shaftsbury prepared to be gone That he was with them at Shepherd's about a quarter of an hour and that there was some discourse about seizing of the Guards at the Savoy and Mews in case the Insurrection had gone on which was to have been on Novemb. 19. and that the Duke of Monmouth the Lord. Grey and Sir Thomas Armstrong undertook to view the Guards and that the Lord Russel assented to all this and the Witness was to have gone to Bristol by the order of the Earl of Shaftsbury against that time Then Mr. Shepherd deposed that in October Mr. Ferguson came to him in the Duke of Monmouth's Name to request 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 Lord Grey the Lord Russel Sir Thomas Armstrong Col. Rumsey and Mr. Ferguson one after another That Sir Thomas Armstrong desired they might be private and therefore what they wanted he fetch'd up himself not suffering his Servants to come up That their Discourse was about seizing the Guards and the Duke of Monmouth Lord Grey and Sir Thomas Armstrong went one time to view them and the next time they met at his House he heard Sir Thomas say the Guards were very remiss in their Places and not like Soldiers and that the thing was feasible if they had strength to do it That they met twice at his House and the Prisoner was there both times That Mr. Ferguson read a Paper in the Nature of a Declaration setting forth the Grievances of the Nation in order to a Rising He could not say the Lord Russel was present at the reading of it but Col. Rumsey was who then deny'd it saying it was over before he came Then the Lord Howard being sworn began his long Evidence with a low Voice pretending the News he had just then receiv'd of the Earl of Essex's Fate had sunk his Voice and a long Story of the Designs of the Earl of Shaftsbury an Account of which he had from Capt. VValcot whom he brought acquainted with the Earl of Shaftsbury and by whom the Earl of Shaftsbury sent for him while he absconded at one VVatson's at the end of VVoodstreet and there discover'd to him his Design of the Rising and that he had 10000 brisk Boys ready to follow him whenever he held up his Finger who were to possess themselves of the Gates and would in an Hour's time be 5 times multiplied But that his Design was much retarded by the backwardness of the Duke of Monmouth and the Lord Russel who failed him in not being ready prepared to concur with him in the Country that he then endeavour'd to shew the Earl of Shaftsbury the necessity of having those Lords concurrence in so weighty an Undertaking and proffer'd his Service to bring them to a right Understanding among themselves to this end he spoke with the Duke of Monmouth who deny'd that either he or the Lord Russel had given the Earl of Shaftsbury any incouragement to be so forward because they knew the Country could not be ready to stir so soon That a Meeting was then propos'd but afterwards put off by reason of the Earl of Shaftsbury's fears of being discover'd That the Duke of Monmouth told him that the Lord Russel had been with the Earl of Shaftsbury and preswaded him to put off his Rendezvouz for only a Fortnight against which time they would try to be ready for him But the Country not being ready that Design was disappointed That in October Captain Walcot acquainted him with the Design upon the King with which he acquainted the Duke of Monmouth who said he would never suffer it and they did all they could to prevent it This failing the
1684. was brought from thence by Habeas-Corpus to the Bar at the King's-Bench at Westminster where being Arraign'd he was told of his being Indicted and Outlaw'd and thereby Attainted for High-Treason and ask'd what he had to say why Execution should not be awarded against him upon that Attainder To which be reply'd that since he had made an Ingenuous Confession to his Majesty of all that he knew of any manner of Conspiracy against him he hoped That would render him Capable of Mercy and Pardon Upon which the Attorny-General offer'd him a Trial that if he had any thing to say he Defend himself from the Indictment but he Confessing himself Guilty of many things therein declin'd it and threw himself wholly upon the King's Mercy But the Court telling him that the King was the Dispenser of his own Mercy and that they were only to Execute his Justice gave a Rule for his Execution upon Wednesday Sevennight after there being no other Judgment to be pronounced in such Cases as the Court told the Attorny-General when he moved for it the Outlawry it self being the Judgment Which accordingly was Executed upon him on Wednesday the 30th of April 1684. at Tyburn Proceedings in the Court of King's-Bench against Sir Thomas Armstrong June 14. 1684. Sir George Jefferies being Lord Chief Justice SIR Thomas Armstrong Kt. was upon the 14th of June 1684. brought by a Writ of Habeas-Corpus from Newgate to the Bar of the Court of King's-Bench at Westminster and there Arraign'd upon an Outlawry of High-Treason for conspiring the Death of the King c. And being ask'd what he had to say for himself why Sentence should not be awarded against him upon that Attainder pleaded his being beyond-Sea at the time of the Outlawry and desired to be tried upon the Indictment Which the Court refusing to grant him he pleaded the Statute of the 6th of Edw. the 6th which gives the Person Outlaw'd a Year's time to reverse the Outlawry and desired it might be read which accordingly was done But it appearing by the Statute That the Person Outlaw'd ought to render himself to the Chief Justice of England within a Year's time Sir Thomas was told this did not concern him for he had not rendred himself but was taken and brought thither against his Will To which he answered That the Year was not then expir'd fie was there and did now render himself and pray'd Counsel might be assign'd him to argue it in Point of Law but the Court over-rul'd him in it telling him There was no such Doubt or Difficulty in the Matter as to need any such thing Upon which insisting much upon his Innocency and offering to make proof of it if he might be admitted to a Trial he produc'd Holloway's Case as a Precedent for it who had but a little before been offer'd it at the same Place but the Court told him that what had been done therein was meerly from the King's Grace and Mercy and that the King might extend the same Mercy to him also if he so pleas'd but since he had not done so and it not being their Business they must proceed to award Execution upon the Outlawry Upon which Mrs. Matthews Daughter to the Prisoner call'd out to the Court not to Murder her Father For which the Chief Justice caus'd her to be committed to the Marshal and accordingly she wishing that God Almighty's Judgments might light upon them was carried away the Chief Justice saying That he thanked God he was Clamour-proof After which the Attorn Gen. offered to shew the Reasons why the King extended that Grace to Holloway but ought not to extend it to Sir T.A. as not at all deserving any sort of Indulgence or Mercy but that having relation to the Evidence and not to the Outlawry the Court refus'd to hear any thing of it and so proceeded to give a Rule for his Execution the Friday following telling him upon his earnest pressing to have the Benefit of the Statute he had cited the he should have the Full Benefit of the Law And accordingly on Friday the 20th of June he was Executed at Tyburn Mrs. Matthews upon a Petition being before releas'd out of Custody without Fees The Trial between Sir William Pritchard Kt. and Alderman of the City of London Plaintiff and Thomas Papillon Esq Defendant in an Action upon the Case at the Sessions of Nisi Prius holden for the Court of Kings-Bench at the Guild-hall in the City of London on Thursday the 6th of November in Michaelmas Term in the 36th Year of the Reign of King Charles the Second 1684. Before Sir George Jefferies Kt. and Baronet then Lord Chief Justice of the said Court of Kings-Bench SIR William Pritchard late Lord Mayor of the City of London having in Easter Term last brought an Action upon the Case for falsly maliciously and without probable cause procured him to be arrested and imprisoned in his Mayoralty against Thomas Papillon Esq The Defendant pleaded Not Guilty and thereupon issue being joined it came this day to be tried before the Lord Chief Justice Jefferys and the Jury sworn to try this Cause were these Bartholomew Ferryman Thomas Blackmore Thomas Symonds William Whatton John Green Thomas Amy Joseph Baggs Daniel Chandler John Reynalds John Allen Joseph Caine William Withers jun. Then Mr. Munday being of Counsel for the Plaintiff opened the Case to which Mr. Attorney General added something And then Mr. Solicitor General called Mr. Keeling who being sworn deposed That on April the 24th he being sent for by a Letter from Mr. Goodenough came to Mr. Russel's a Cooks-shop in Iron-monger-lane to meet him where were 30 or 40 Persons together By whom while he was gone for a little while his Name was put into a Warrant to be a special Bailiff to arrest the Lord Mayor which he seeming unwilling to do was urged thereto for fear of displeasing the Discontented Party which he said were such as he and the Goodenoughs were of even such as would have killed the King and the Duke that being prevailed upon he went along with the Coroner Mr. Burton and Mr. Francis Goodenough to Grocers-hall where Sir William Pritchard kept his Mayoralty to whom the Coroner came up and said he had a Warrant against him and therefore pray'd him to give an Appearance at the Suit of Mr. Thomas Papillon and another at the Suit of Mr. John Dubois whereupon some Words passed between them and the Lord Mayor refusing to give any Appearance the Coroner bid us execute our Warrants upon which he came up to the Lord Mayor and touched him upon the Shoulder telling him that he did arrest him at the Suit of Thomas Papillon Esq and one Ferdinando Burley arrested him then again at the Suit of Mr. John Dubois and then the Coroner dismissing them and taking the Lord Mayor into his own Custody he went thence to Sir Henry Tulse's and arrested him also Then Sir Henry Tulse being called and sworn deposed that about
it Mr. William Rushton a Papist deposed that he saw Ireland in Wolverhampton from the 18th of August to the 25th every one of the days except the 23d whence he went to Litchfield Mrs. Katherine Wingford deposed that she also saw Ireland from August the 18th to the 25th sometimes at Mrs. Harwells and sometimes at her Father's House in Wolverhampton Mr. William Stanley deposed that he saw Ireland in Wolverhampton on Aug. 18 19 20 21 24 and 25 and entertain'd him twice at his own House Mrs. Dorothy Purcel swore she saw him also in the same Town on August the 18th to the 23d but would give no Circumstance whereby she might remember so particuâ—â—rly those days Then one Scot swore that he look'd to his Horse while he was in that Town and that he staid there about a Fortnight but could not 〈◊〉 particular as to the time Then Mr. John Stamford deposed that he also saw Mr. Ireland in the same Town from Aug. 18 to 25 having known him ever since 1675. Mrs. Katherine Fowler Mrs. Harwell's Daughter swore that she saw Ireland at her Mother's House from Aug. 17 till the 27th 1678. seeing him every day except the 23d when he went to Litchfield to the Fair. Mr. Gifford swore he saw him every day there from Aug. 17 to the 26th 1678. Mrs. Elizabeth Gifford swore she saw him all those days but two Elizabeth Keeling Mrs. Harwell's Maid swore she saw Ireland Aug. 17. till he went away except three days she was absent at her Mother's Funeral And she saw him again at her Mistresses from the 4th of September to the 7th 1678. Mr. Richardson an Apothecary in Wolverhampton and a Protestant deposed that he saw a Gentleman whom Mrs. Harwell told him was Mr. Ireland on Aug. 19. in that Town 1678. Mrs. Eleanor Graves deposed much the like as to seeing Ireland at that time there and that she moreover went with him Aug. 23d to Litchfield and return'd back with him that Night again her Uncle Winford being with them Then Sir Thomas Whitegrave a Justice of Peace in Stafforâ—â—â—â—re and a Protestant deposed that he saw Mr. Ireland on the 29th of August 1678. upon Tixhall Bowling-Green Mr. VVilliam Fowler a Papist deposed that he saw Ireland at Tixhall Aug. 10. 1678. and on the 27th at the Horse Race at Etching-Hill and on the 29th upon Tixhall Bowling-green where he saw Sir Thomas VVhitegrave also with him Mr. Howard swore also that the saw Ireland at the Horse-Race and again afterwards at Bellamore where he dined that time Then Mr. Drayton a Servant to the Lord Gerrard's Father deposed that he also saw Ireland at the Race and at Tixhall Aug. 29. when he went home with Mr. Heveningham to Aston where he saw him the next day and on the 31st a Hunting with his Master and Sept. 1. at Mr. Gerrard's of Hildersham Sir James Simmons deposed that he saw Ireland at the Horse-Race also and on Tixhall Bowling-Green Aug. 29. and that he came to Aston that Night with his Father Heveningham but he going the next day to Pancrass Fair left him Mr. Green who belonged to Sir James Simmonds deposed he saw Ireland at the Horse-Race Aug. 27. 1678. and the next day on Tixhall Bowling-Green which Night he came to Aston and saw him a Setting there the next day and the next day a Hunting Then one Fallas a Servant of Mr. Heveingham's and a Protestant deposed that Ireland came to his Master 's on Aug. 29. and the next day Fish'd and Sett and the next day Hunted and then went away he looking to his Hors while there Then John Proctor a Servant to Mr. Lowes and a Protestant deposed that he saw Ireland at his Master 's at Fulford on Aug. 31. 1678. and the next day at Esq Gerrards at Hildersome Then Mr. John King deposed that he saw Ireland at Hildersome Sept. 1. 1678. where he was all Night and the next day at Millage where he dined designing for Boscobel that Night Then Francis Lee a Servant to Mr. Gerrard deposed that he saw Ireland at his Masters Aug. 31. where he staid two Nights and went with him thence to Millage where they dined and then went to Pancrass with him for two hours and then Ireland went to Boscobel Then Mr. Biddolph swore that he dined with Ireland at his Aunt Crompton's at Millage Sept. 2. 1678. Mrs. Crompton her self deposed that Mr. Ireland dined at her House that day her Nephew Biddolph did but could not remember any otherwise the time Mrs. Palmer swore she also dinned with Ireland at Millage but could neither tell when nor who were there Mrs. Holmes swore she saw Ireland at Millage the beginning of Septemb. 1678. on a Monday Mrs. Gifford swore she saw Ireland at Pancrass Sept. 2. 1678. about four or five in the Afternoon Then Mr. Pendrel depos'd that Ireland lodg'd at his House at Boscobel on Sept. 2. 1678. and went the next day but one to Black-Ladies to Mr. John Giffords Mrs. Pendrel swore the very same Mr. Charles Gifford swore Ireland at his Father's House at Black-Ladies on Sept. 4. 1678. coming to see one Madam Wells there where he staid an hour and half and so went for VVolverhampton And thus was proved where Ireland was from Aug. 3. to Sept. 14. After which Dr. Oates began his Defence urging the great Hardship he lay under after six Years time to be put to disprove what was now offered against him many of his Witnesses being since dead and gone beyond-Sea and many Passages forgot by him besides that the Dispute was only about a bare Circumstance of Time when-as the Substance of his Evidence about the Plot was not assign'd as any Perjury at all and that this very Testimony was look'd upon as a Trick only to catch the Evidence and was judg'd invalid at the Trials of Ireland and the five Jesuits Urging also the Testimony of Bedloe at Ireland's Trial vvhich amounted to the same as his Mr. Blaney testifying it upon Oath as also Mr. Jennison's about Ireland's being in Town in August saying what Charges he had been at to find out Mr. Jennison and Sarah Pain who gave the same Evidence but could not calling for many Witnesses whom he had Subpaened but not one appeared Complaining therefore of his hard Usage He proceeded to sum up what more he had to say protesting the Truth of what he had deposed the little belief this Testimony formerly had and the Interest of Papists concerned now to bring it thus against him saying That he was confident had he been a Witness in any other Cause he might have had fairer Quarter And did verily believe that at this rate it vvas more safe for Papists to be Traitors than for any Protestant to discover a Popish Plot. Begging that Counsel might be assign'd him to argue the Errors in Yesterday's Indictment and a Weeks time to prepare and to withdraw because of his present Illness all vvhich vvere granted him And then Sol.
the Prisoners Mrs. Gaunt to be burnt and the other 3 to be drawn hang'd and quarter'd which was accordingly executed upon them and Mr. Cornish was hang'd in Cheapside over against Kings-street on Friday October 23 1685. and his Quarters afterwards put up in several Places and his Head upon the Guild-Hall where it stood till the tidings of the Dutch Invasion summon'd it with the other Quarters into the Grave after they had been expos'd in that infamous manner the space of 3 Years The Trial of Henry Baron Delamere in Westminster-Hall before George Lord Jefferies constituted Lord High-Steward on this Occasion on Thursday Jan. 14 1685. THen and there the Court being met the Lord High-Steward's Commission was first read and the Staff being carried between Garter King at Arms and the Gent. Vsher of the Black Rod was with 3 Reverences delivered upon the knee to his Grace and by him redelivered to the Gent. Vsher of the Black Rod to hold during the Service Then Proclamation was made by a Serjeant at Arms for all Persons present except Peers Privy Councellors and the reverend Judges now assistant to be uncovered and for all to whom any Writ had been directed for the certifying of any Indictment before his Grace to bring in the same forthwith After which Sir Edward Lutwich deliver'd in his Writ and Return which were read And then the Lieutenant of the Tower was call'd to bring his Prisoner to the Bar which having done Sir Roger Harsnet Serj. at Arms was called to return the Names of the Peers which he had summoned who were then called over by the Clerk of the Crown and those that appeared were these following who standing up uncovered answered to their Names each making a Reverence to the Lord High Steward Lawrence Earl of Rochester Lord High-Treasurer of England Robert E. of Sunderland Lord President of His Majesties Privy-Council Henry Duke of Norfolk Earl-Marshal of England Charles D. of Somerset Henry D. of Grafton Henry D. of Beaufort Lord President of VVales John Earl of Mulgrave Lord Chamberlain of His Majesties Houshold Aubrey E. of Oxford Charles E. of Shrewsbury Theophilus E. of Huntingdon Thomas E. of Pembroke John E. of Bridgwater Henry E. of Peterborow Robert E. of Scarsdale VVilliam E. of Craven Louis E. of Feversham George E. of Berkley Daniel E. of Nottingham Thomas E. of Plimouth Thomas Viscount Falconberg Francis Viscount Newport Treasurer of His Majesties Houshold Robert Lord Ferrers Vere Essex Lord Cromwell VVilliam Lord Maynard Comptroler of His Majesties Houshold George Lord Dartmouth Master-General of His Majesties Ordinance Sidney Lord Godolphin John Lord Churchill The Lord High Steward then having acquainted the Prisoner with the occasion of this meeting order'd the Bill of Indictment to be read which was done twice at the Prisoner's desire And then the Prisoner deliver'd in his Plea to the Jurisdiction of this Court that he ought to be tried by the whole Body of the House of Peers in Parliament the Parliament still continuing being under a Prorogation and not dissolved and because there was some agitation of the matter concerning this Prosecution upon his Petition in the House of Lords c. To which the Attorny General answer'd that the Plea was not good there never having been so much as any Indictment returned there nor found during the Session of Parliament besides that the Plea was in Paper and English The Prisoner then desired Counsel to put it into Form But it being a Plea against the Jurisdiction no time could be allowed and the Prisoner having no Counsel ready to plead his plea was over-ruled and he pleaded Not Guilty After which the Lord High Steward gave the Charge to the Peers and Sir Thomas Jenner Recorder of London opened the Indictment and Mr. Attorny General the Evidence And then the Lord Howard was first sworn Who gave the same account about the Earl of Shaftsbury's design'd Insurrection as before he had done at the other Trials where he was a Witness to which therefore the Reader is referred The Lord Grey deposed that Cheshire was one of the Places pitch'd upon for the Rising and for that end the Duke of Monmouth went his Progress into those Parts to make his Interest there and that the Prisoner was one he was directed to advise with That after the late King's Death the Duke of Monmouth was at Amsterdam with the Lord Argyle where there was an Account given of the Design that was in Hand of an Insurrection in Scotland and at that time came over to Holland Mr. Crag from Major Wildman to promote and recommend a Reconciliation between the Duke of Monmouth and the Lord Argyle who till that time had acted in separate interests giving some account that Means and Money were prepared This encouraged the Duke of Monmouth to send Capt. Matthews into England to Major Wildman to desire him to acquaint several Persons among whom the Prisoner was one that he was designed to join the Lord Argyle When Crag return'd to the Duke he gave an account that Major Wildman had convers'd with these Persons and that their Opinion was that the Duke should go for Scotland whereby they might know the strength of the Enemy here by their sending to suppress the Rebellion there and also that Major Wildman desired the Duke to bring over with him a Broad Seal to seal Commissions with and to take upon him the Title of King That soon after Crag's return Jones came with a Message to the Duke from England and was sent back shortly after by the Duke with a Letter of Instructions And the Duke intended first to have landed in Cheshire he very much depending upon that County but afterwards considering that the Persons there being of great Quality and Interest in their Country and able to manage it without his Assistance he chose rather to land in the West the Friends he relyed on there not being of that Quality Mr. Nathaniel Wade deposed that at Amsterdam soon after the Death of the late King the Duke of Monmouth and the Lord Argyle had a Consultation together and agreed that at the same time the Lord Argyle made an Insurrection in Scotland the Duke should invade England For which end the Duke sent Capt. Matthews into England to acquaint his Friends among whom he heard the Lord Delamere named to be ready for his Assistance Crag was sent over for Money but could get none and therefore the Duke sent him over again to pawn his Jewels and get what Money he could wherewith he fitted out 3 Ships laden with Ammunition and having before ordered his Friends to repair to their own Countries to be ready he set Sail and landed at Lyme and ordered his March so as that he might most conveniently meet with his Cheshire Friends In pursuance whereof they came to Keinsham Bridge where a Party of the Kings Horse set upon them of whom they took some Prisoners and thereupon thought it advisable not to let the Kings
with being then call'd for to the Bar and discharged Upon which my Lord Delamere replied That he should pray to Almighty God to be thankful to him for his Mercy and to my Lords for their Justice and pray'd God to deliver their Lordsships and all honest Men from Wicked and Malicious Lying and False Testimony and pray'd God to bless his Majesty and that long he might Reign And I pray God added the Lord H. Steward to continue to him his Loyal Peers and all other his Loyal Subjects Then a Serjeant at Arms having made Proclamation to Dissolve the Court the Lord High Steward took the White Staff from the Usher of the Black Rod and holding it over his Head broke it in two A Narrative of all the Proceedings against Henry Lord Bishop of London in the Council-Chamber at White-Hall by the Lords Commissioners appointed by his Majesty to inspect Ecclesiastical Affairs On Wednesday Aug. 4. 1686. Present in Council Lord Chancellor Lord Bishop of Durham Lord Treasurer Lord Bishop of Rochester Lord President Lord Chief Justice Herbert UPon my Lord Bishop's then and there appearing before them according to a Summons sent unto him the Lord Chancellor Jefferies ask'd him Why he did not suspend Dr. Sharp when the King commanded and sent him express Order so to do and told him what it was for viz. for preaching Seditiously and against the Government The Bishop answered That if he had done amiss it was not a wilful Fault and that he had took the best Advice he could get and was inform'd he could not do it legally but by way of Express and hearing him That he was not provided with such a Defence as he might have been not knowing what would be laid to his Charge and therefore desired some time and a Copy of their Lordships Commission and of his Charge But his having a Copy of their Commission denied him it being already publickly abroad he desired either to read or hear it read Hereupon the Bishop and all the Company were desired to withdraw and returning within about a quarter of an hour the Chancellor told him All the Commissioners were of Opinion that his Request was not to be granted it being unreasonable But they were willing to allow him more time the Bishop therefore prayed that he might have till the beginning of the next Term but a Week vvas thought enough and so they adjourn'd only until Monday next Aug. 9. 1686. Then and there the Bishop came attended with his Nephew the Earl of Northampton his Brother-in-Law Sir John Nicholas and his Brother Sir Francis Compton c. There being present in Council the same as before The Chancellor told him they vvere now ready to hear his Reasons But the Bishop replied He vvas not so ready as he might have been because he could not light of the Commission to see it until last Night tho he imployed all his time to search for it and he had not had time since to take Advice vvhat to answer and that his Counsel vvas out of Town in vvhom he thought to confide Then vvithdrawing for a quarter of an hour the Chancellor told him They vvould not admit of any quarrelling vvith their Commission for that they were well assured of the Legality of it But asking him what Time he desired at his request they granted him a Fortnight and adjourned It vvas observed that vvhen the Bishop spake concerning the Commission Sir Thomas Clarges spake aloud saying VVell put well put my Lord speaks nothing but Truth There was also another Gentleman Sir John Lowther of Lincolnshire vvho as he vvas coming away in the Crowd said There are some who have represented me as a Papist but the contrary shall appear I will not be afraid nor ashamed to vindicate my Lord Bishop of London 's Cause before the Commissioners themselves Tuesday Aug. 24. 1686. There being present in Council the same as at first the Lord Bishop attending and being asked what he had to say after some Apology for vvhat he vvas about to say he said His Counsel tells him that their Proceedings in this Court are directly contrary to the Statute-Law and vvere there ready to plead it if their Lordships would admit them But the Chancellor told him they vvould neither hear him nor his Counsel in the Matter they being satisfied of the Legality of their Commission Then the Bishop urged that their Commission he conceived did not extend to the Crimes laid to his Charge for they were to censure Faults vvhich are committed But this that he vvas accused of vvas before the Date of their Commission The Chancellor confess'd there vvas such a Clause but that those vvere general Clauses that take in things past as vvell as future Then the Bishop protesting in his own Right to the Laws of the Realm as a Subject and the Rights and Priviledges of lie Church as a Bishop he would with their leave give them his Answer Which was accepted and the Bishop withdrew and left Dr. Sharp's Petition which Dr. Sharp carried on Sunday June 20. 1686. to Windsor and was not admitted to be read Which is as follows To the King 's most Excellent Majesty the humble Petition of John Sharp Clerk sheweth THat nothing is so afflictive to your Petitioner as his unhappiness to have incurred your Majesty's Displeasure vvhich he is so sensible of that ever since your Majesty vvas pleased to give notice of it he hath forborn all publick Exercise of his Function and still continues so to do Your Petitioner can vvith great sincerity affirm That ever since he hath been a Preacher he hath faithfully endeavoured to do the best Service he could in his Place and Station as vvell to the late King your Royal Brother as to your Majesty both by preaching and otherwise And so far he hath always been from venting any thing in the Pulpit tending to Schism or Faction or any vvay to the disturbance of your Majesty's Government that he hath upon all Occasions in his Sermons to the utmost of his Power set himself against all sorts of Doctrines and Principles that look that vvay And this he is so vvell assured of that he cannot but apprehend that his Sermons have been very much misrepresented to your Majesty But if in any Sermon of his any Words or Expressions have unwarily slipp'd from him that have been capable of such constructions as to give your Majesty cause of Offence as he solemnly professes he had no ill Intention in those Words or Expressions so he is very sorry for them and resolves for the future to be so careful in the discharge of his Duty that your Majesty shall have reason to believe him to be your most faithful Subject And therefore he earnestly prayeth that your Majesty out of your Royal Grace and Clemency vvould be pleased to lay aside the Displeasure you have conceived against your humble Petitioner and restore him to that Favour vvhich the rest of the Clergy enjoy under your
be proved therein Mr. Solicitor General order'd to be produced in the Court both the Declarations under the Great Seal and the Order of Council for reading the latter was read out of the Council-Book and the Printer call'd and sworn to prove the printing of the Declaration Then the Bishops Petition was deliver'd in also by Sir John Nicholas who being sworn deposed that he received that Paper from the King in Council the 8th of this Month that the King had it from him again the 12th and the 13th he received it again from the King Then the Court went on to prove the Bishops hands to it and for that end Sir Thomas Exton was sworn who viewing the Paper deposed that he did believe it was the Lord Arch-Bishops Writing and that his Name was writ there by himself but that he did not know any of the other Names Then Mr. Brooks being sworn deposed also that he knew the Arch-bishop Hand-writing and viewing the Paper did believe that to be written by him That he knew also the Bishop of St. Asaph's Writing and did believe this to be his That he had seen of the Bishop of Ely's Writing and because this did resemble a Letter that he had by him of his writing to the Bishop of Oxford therefore he did believe this also to be his But this was by the Court adjudged to be but weak Evidence Therefore Mr. Chetwood was sworn to prove the Bishop of Ely's Hand but he only deposed That he had a great while since seen of what was said to be his Writing but that he never saw him write and therefore did not certainly know his Hand And a little after being called to evidence to the Bishop of Bath and Wells and Bishop of Peterborough's Hands he said that he had seen of the Bishop of Bath and Wells Writing but never saw him write his Name and looking on his Name he said he believed that might be his Writing but he was not certain that he rather believed it to be his Hand than that other to be my Lord of Peterborough's After him Mr. Smith deposed viewing the Bishop of Ely's Name that he had a good while since seen of his Writing which this did resemble and therefore he believed it might be his Writing though he could better judg of it when he writ his Name Turner than now it is Ely because there was more Letter to judg by Then Mr. Middleton deposed to the Arch-Bishop and the Bishop of Ely That he had seen their Writing and upon viewing the Paper did believe that this was theirs That also he had my Lord of Peterborough's Writing for some Money two Years ago and he believed this to be like it but he never saw of his Writing but once That once he saw of the Bishop of Bristol's Writing also and did think this like it but could not say more Then Sir Thomas Pinfold deposed to the Bishop of Peterborough's Writing that he never saw but one Letter from him and viewing the Paper that he could not tell upon his own Knowledg that that was his Hand but upon this account that he had heard there was a Paper delivered by my Lords the Bishops to the King and this Paper he supposing to be the same upon that score he did believe it his Hand but upon any other score he could not tell what to say Then Mr. Clavel was sworn who deposed that he had many times seen of the Bishop of Peterborough's Writing and believ'd he knew it and viewing the Paper believ'd that to be his Hand but he could not say that ever he had seen him write Next Mr. James was sworn who deposed to the Bishop of Bristol's Writing that he believ'd he knew his Hand but was not certain because my Lord writ several times several Hands but viewing the Paper he at last acknowledg'd that he believ'd this to be his Then Mr. Nathaniel Powel being sworn deposed to the Bishop of Chichester's writing that he believed he knew his Hand but looking upon his Name said that he did not see his Lordship write that but believ'd it to be like his Hand but would not say positively that he believ'd it was so because for a Man to swear his belief in such a matter seemed to him an extraordinary thing Then the Counsel for the King prayed that the Paper might be read but the Bishops Counsel opposed it First Mr. Serj. Levinz pleaded That a Proof by Comparison of Hands which was the only Proof they had in this case ought not to be received in a Criminal Case and because moreover that Comparison had been proved in such an uncertain manner Then Mr. Serj. Pemberton pleaded that this Evidence did not amount to so much as a Comparison of Hands because none of them had ever seen the Persons write and if it did that was no Evidence in Criminal Cases Then Mr. Pollexfen pleaded that it ought to be consider'd whether Comparison of Hands be Evidence in a Case of Misdemeanour instancing in my Lady Carr's Case in Syderfin's Reports where this Court had adjudg'd it otherwise Or if it be Evidence whether the Belief of a Man that brings nothing to compare with it or ever saw the Party write be good Evidence as a Comparison of Hands Then Mr. Attorney General reply'd that this was Evidence though not so strong as if they had brought those that had seen then write yet Evidence it was and whether it were sufficient that they submitted to the Jury Then Mr. Attorney General prov'd it to be Evidence from Sydney's Case where Evidence upon Comparison of Hands caste him And for the same purpose Mr. Recorder instanced in Sir Samuel Barnardiston's Case but was presently filenc'd by Sir Robert Sawyer who told him that Sir Samuel there owned his Hand Mr. Justice Powel and Mr. Holloway then declared that they thought the Proof too slender in this Case for that it ought to be stronger in Criminal Matters than in Civil Therefore the Court being divided the Ld. Ch. Justice told Mr. Sollicitor he must go on to some other Proof And then Mr. Blathwayt was sworn who looking on the Paper deposed that he did believe that to be the Paper which the Ld. Arch-Bishop and the other six owned at the Council-Table the 8th of this Month where when they appeared the first time they were asked if they did own that Paper they immediately answered that they humbly hoped as they stood there Criminals his Majesty would not take Advantage against them but however they would obey his Majesty's Command Thereupon they were commanded to withdraw which they did That when they came in the second time they seemed unwilling to own the Paper saying as they did before and denying the publishing of it That the third time they attended they did all own it and the Arch-Bishop said it was all written with his own Hand and that he had not made use of his Clerk the King not making any Promise to them that
him thanks for the 10000 l. which was given for the Propagation of the Catholick Religion and that it should be imployed for no other Intent and Purpose but for that which it was sent which was to cut off the King which Le Chese's Letter dated in August and which he both saw and read and to which this was an Answer positively express'd That Letter was directed to one Strange then Provincial of the Society in London which Mr. Coleman answered because Strange having run a Reed into his Finger had wounded his Hand and Secretary Mico was ill This Letter he delivered into Le-Chese's own Hand who gave him a Letter in answer to it which he brought to St. Omers and was there inclosed in the Letter from the Society to Coleman He further deposed that in April last Old Stile and May New Stile there was a general Consult of the Jesuits held by virtue of a Brief from Rome sent by the Father General of the Society first at the. White-Horse Tavern in the Strand and afterwards in several Clubs wherein the Death of the King was Conspired Grove and Pickering being imployed to Pistol him in St. Jame's Park for which Grove was to have 1500 l. in Mony and Pickering being a Priest was to have 30000 Masses which at twelve Pence a Mass amounted much-what to that Mony to all which Coleman was privy and in one Letter he writ about it express'd his disire to have the Duke trappan'd into this Plot to murther the King And in case this fail'd there was a further Design lay'd to murther the King at Windsor by four Irish Assassinates provided by Dr. Fogarthy and fourscore Pounds were provided by Father Harcourt a Jesuit and Rector of London for their present Maintainance which Coleman saw upon a Table in Wild-House where he was with Harcourt and gave the Messenger who was there ready to carry them after the Ruffians to Windsor a Guiny for expedition saying he lik'd it very well Yea and if this also should fail there were Instructions brought by one Ashby a Jesuit in July last to London from Flanders to proffer 10000 l. to Sir George Wakeman to Poison the King Which Instructions were seen and read by Mr. Coleman by him copied out and transmitted to several Conspirators of the King's Death in this Kingdom of England that were privy to this Plot. He said 10000 l. was too little and therefore he procured 5000 l. more to be added to it which Sir George Wakeman accepted of and receiv'd 5000 l. in hand with a promise of the Rest as soon as he should have done the Work He deposed likewise that a Consult had been held in the Savoy with the Jesuits Benedictine Monks for the murthering of the Duke of Ormond and raising a Rebellion in Ireland the Pope's Right to that Kingdom being asserted and 40000 black Bills provided to be sent thither for the use of the Catholick Party Coleman being privy thereto and the main Agent therein being heard to say to Fenwick that he had found a way to transmit the 200000 l. for the carrying on this Rebellion in Ireland That he saw likewise several Commissions come from Rome in Mr. Langhorn's Chamber among which was one for Mr. Coleman to be Secretary of State the receipt of which he hath since heard him acknowledg The Prisoner then offer'd something against the Informant from his telling the King when he was examin'd before the Council that he never saw him before Which the Informant obviated by confessing that there and then he did say that he would not swear that he had seen him before his Sight being bad by Candle-light and being then wearied and tired out but that when he had heard him speak he could have sworn it was he but it was not then his Business The other Witness then produced against the Prisoner was Mr. Bedloe Who deposed that he heard Sir Henry Tichbourn say that he had a Commission and that he brought one for Mr. Coleman and the rest of the Lords from the Principal of the Jesuits at Rome by order of the Pope to be Principal Secretary of State And that he was imployed by Harcourt to carry Letters to Le-Chese the French King's Confessor and was at a Consult in France where the Plot was discoursed on for killing the King and did bring back an Answer from Le-Chese to Harcourt in London and on the 24th or 25th of May 1677. he was with Harcourt at Coleman's House where he heard Coleman speak these words That if he had a Sea of Blood and an hundred Lives he would lose them all to carry on the Design And if to effect this it were necessary to destroy an hundred Heretick Kings he would do it The Prisoner then asking Mr. Bedlow if he ever saw him in his life He answer'd You may ask that question But in the stone Gallery in Somerset-House when you came from a Consult where were great Persons which I am not to name here that would make the bottom of your Plot tremble You saw me then The Court then proceeded to other evidence which were the Prisoners Papers and proved the manner of finding them by Mr. Bradley a Messenger and that those which were then produced in the Court were his by the Clerks of the Council and his own Servant Ordering them afterwards to be read The first Paper was a long Letter dated Sept. 29. 1675 sent to Le-Chese wherein he gives him an account of the Transactions of several Years before and of the Correspondence between him and Monsieur Ferrier Predecessor to Le-Chese Asserting that the true way to carry on the Interest of France and the promoting of Popery here in England was to get that Parliament dissolved which says he had been long since effected if 300000 l. could have been obtained from the French King And that things yet were in such a posture that if he had but 20000 l. sent him from France he would be content to be a Sacrifice to the utmost Malice of his Enemies if the Protestant Religion did not receive such a Blow as it could not subsist The receipt of this Letter was acknowledged by Le-Chese in an Answer he wrote to Mr. Coleman and was then read in the Court dated from Paris October 23. 1675. wherein he gives him thanks for his good Service and promises his Assistance in order to the promoting the Popish Religion Then was produced and read a Declaration which Mr. Coleman as Secretary had penned in the King's Name shewing his Reasons for the Dissolution of the Parliament Then also was read a Copy of a Letter written to Le-Chese which Mr. Coleman confessed he himself wrote and counterfeited in the Duke's Name and that when he was so bold as to shew it to the Duke the Duke was very angry and rejected it Several other Letters were read of Mr. Coleman's to Monsieur Ferrier and others and particularly one dated August 21. 1674. to the Pope's Internuncio at Brussels
wherein he says The Design prospered so well that he doubted not but in a little time the Business would be managed to the utter Ruin of the Protestant Party And by other Letters he writes to the French King's Confessor that the Assistance of his most Christian Majesty is necessary and desires Mony from him to carry on the Design But there was one Letter without Date more bloody than all the rest which was written to Le Chese in some short time after the long Letter of Sept. 29 1675. wherein among many other things Mr. Coleman expresses himself thus We have a mighty Work upon our hands no less than the Conversion of three Kingdoms and the utter subduing of a Pestilent Heresy which hath for some time domineer'd over this Northern Part of the World and there never were such hopes of success since the Death of our Queen Mary as now in our days And in the Conclusion of this Letter he implores Le Chese to get all the Aid and Assistance he can from France and that next to God Almighty he did rely upon the mighty Mind of his Most Christian Majesty and therefore did hope Le Chese would procure Mony and Assistance from him Then Dr. Oates at the desire of the Prisoner was call'd again concerning the time of the Consult Coleman offering to prove that he was the most part of that Month in Warwickshire offering something to excuse himself from the Guilt of Treason but being clearly convic'd in both Points Sir Francis Winnington his Majesty's Solitcior General sum'd up the Evidence to which Serjeant Pemberton added something and then the Lord Chief Justice Scroggs spoke to the Jury who presently brought the Prisoner in Guilty who on the Morrow Morning being brought to the Bar offered again something as to his being out of Town and pleaded the King's Act of Grace the insufficiency of which as to him being shewn the Ld. Ch. Justice directed a very excellent and Christian Speech to him pronouncing Sentence upon him to be hang'd drawn and quartered And on Tuesday Decemb. 3. following he was accordingly drawn on a Sledg from Newgate to Tyburn where he declared that he had been a Roman Catholick for many Years and that he thanked God he died in that Religion and he said he did not think that Religion at all prejudicial to the King and Government The Sheriff told him if he had any thing to say by way of Confession or Contrition he might proceed otherwise it was not seasonable for him to go on with such like Expressions And being asked if he knew any thing of the Murther of Sir Edmondbury Godfrey he declared upon the words of a dying Man he knew not any thing of it for that he was a Prisoner at that time Then after some private Prayers and Ejaculations to himself the Sentence was executed upon him The Trials of William Ireland Thomas Pickering and John Grove at the Sessions-house in the Old-Baily on Tuesday December 17 1678. THen and there were Arraigned Thomas White alias Whitebread William Ireland John Fenwick Thomas Pickering and John Grove upon an Indictment of High-Treason for conspiring to murder the King To which they pleaded Not Guilty Their Jury were Sir Will. Roberts Bar. Sir Phil. Matthews Bar. Sir Charles Lee Kt. Edward Wilford Esq John Foster Esq Joshua Galliard Esq John Byfield Esq Thomas Eaglesfield Esq Thomas Johnson Esq John Pulford Esq Thomas Earnesby Esq Rich. Wheeler Gent. To whom the Indictment was read and Sir Creswel Levinz opened it Sir Samuel Baldwyn opened the Charge and Mr. Finch all of Counsel for the King in this Cause opened the Evidence And Dr. Oates being sworn deposed That in December last VVhitebread receiv'd a Patent from the General of the Jesuits at Rome to be Provincial of that Order That after that he ordered Conyers to preach against the Oaths of Allegiance and Supremacy at St. Omers upon St. Thomas of Canterbury's day That he sent several Letters thither to Ashby about Assassinating the King and in February a Summons to the Consult held April 24 upon which nine did appear at London and the Consult was begun at the White-Horse Tavern in the Strand and afterwards adjourn'd into several little Meetings wherein a Resolve was drawn up by Secretary Mico for Pickering and Grove to go on in their Attempt to kill the King for which Grove was to have 15000 l. and Pickering 30000 Masses and this Resolve was signed by Whitebread Fenwick Ireland and others whom he saw sign it That in June the Witness was sent over to murder Dr. Tongue for translating the Jesuits Morals out of French that he met with Fenwick at Dover whose Box being seiz'd by the Searchers then said that if they had search'd his Pockets they would have found Letters as might have cost him his Life That soon after Ashby who had been sometime Rector of St. Omers brought Instructions from VVhitebred who was then looking after his Charge as Provincial beyond Sea that Care should be taken for the Murder of the Bishop of Hereford and Dr. Stillingfleet and that 10000 l. should be proposed to Sir Geo. VVakeman for poysoning the King and that nevertheless Pickering and Grove should go on still in their Attempts That the 10000 l. was proposed to but refused as too little by Sir George whereupon VVhitebread writ from St. Omers that 15000 l. should be proposed which was both proposed and accepted whereof 5000 l. was paid by Coleman or his Order That in August at a Consult of the Jesuits with the Benedictines the four Ruffians were recommended by Dr. Fogarthy to which Fenwick being present consented and they were sent away to VVindsor and the next day 80 l. was sent after them That in this Month other Letters came from VVhitebread ordering Harcourt to send one Moor and Sanders alias Browne into Scotland to carry on the Design which Fenwick and Ireland had plotted of a Rebellion there That Pickering and Grove did accept the Terms and Grove took the Sacrament and Oaths of Secrecy upon it after the Consult was over in VVhitebread's Chamber That he saw Pickering and Grove several time walking in the Park together with their Screw'd Pistols that they had Silver Bullets to shoot with which he had seen and Grove would have had the Bullets to be champt for fear the Would to be given by them might be curable That in March last these Persons having followed the King several Years Pickering had a fair opportunity but that the Flint of his Pistol being loose he durst not venture to give Fire for which Negligence he underwent Penance and had twenty or thirty strokes of Discipline and Grove was chidden for his Carelesness That Fenwick was by when the 80 l. was sent by Harcourt to VVindsor for the four Ruffians That he received the Oath of Secrecy which VVhitebread administred upon a Mass-Book Mico holding the Candle That VVhitebread issued out several Commissions and particularly one for
a Paper to the Court containing Observations upon the Indictment which she desired might be read but it was refused and she bid to give it her Husband Green produced for his Defence the Testimony of James Warrier his Landlord and his Wife and Maid which being found to relate to October 19. was deemed nothing to the purpose Berry produced Corporal William Collet who affirmed that he on that Wednesday Night placed his Sentinels at Somerset-House Nicholas Trollop from seven to ten who confessed that in his time a Sedan was brought in Nicholas Right stood from ten to one who said no Sedan came out in his time and Gabriel Hasket who affirmed the same for his time And Eliz. Minshaw Berry's Maid affirmed that her Master was in Bed that Night by twelve a Clock The Sentinels Evidence was only though material but in regard they could not be so positive but that they might be mistaken by reason of the darkness of the Night and Privacy of the Conveyance their Evidence was not thought substantial Mr. Attorney General then spoke to the Concurrency of Prance's and Bedloe's Evidences and Mr. Solicitor General to the Consistancy thereof After which the Ld. Ch. Justice sum'd up the Evidence and directed the Jury in a very tart Speech against the Cruelty of the Romish Principles Then the Jury withdrawing for a short space brought the Prisoners all in guilty Upon which the Ld. Ch. Justice told them that they had found the same Verdict that he would have found if he had been one with them and if it were the last word he were to speak in this World he should have pronounced them guilty At which Words the whole Assembly gave a great shout of Applause The next day the Prisoners being brought again to the Bar Mr. Justice Wyld who as second Judg in that Court pronounceth the Sentence in all Criminal Matters except High-Treason spoke an excellent Speech to them wherein he shewed them the Greatness of their Crime and gave them good Advice and then sentenc'd them to be Drawn Hang'd and Quarter'd which was accordingly executed upon them at Tyburn on Fryday the 21st of Feb. they all denying the Fact to the last ADVERTISEMENT THE Tryals of Thompson Pain and Farrel tho not immediately succeeding the Preceeding yet relating to the same matter and giving not little light thereto is judg'd not inconvenient to be placed next The Tryal of Nathaniel Thompson William Pain and John Farrel at Guild-Hall before Sir Francis Pemberton Lord Chief Justice of his Majesty's Court of Kings-Bench on Tuesday June the 20th 1682. The Jurors Names were Peter Houblon John Ellis William Barret Joshua Brooks Gervas Byfield Jonathan Lee George VViddowes William Sambrooke William Jacomb John Delmee Samuel Bayly Samuel Howard TO whom an Information exhibited by the Kings Attorney General against the said Thompson Pain and Farrel was read for writing and printing several scandalous Libels about the Death of Sir Edm. Godfrey reflecting on the Justice of the Nation in the Proceedings against his Murtherers Which Information Mr. Thompson opened and Serjeant Maynard aggravated the Crimes therein contained Mr. Clare then was sworn and produced a Copy of the Record of the Conviction and Attainder of Sir Edm. Godfrey As also a Copy of the Inquisition take by the Coroner of Middlesex upon the view of the Body of the said Sir Edm. Godfrey whereby it was found by them that he was murthered strangled with a Cord by Persons unknown Both which Mr. Clare having sworn to be true Copies were read Then the Execution of Green Berry and Hill was attested by the Oath of Capt. Richardson and Mr. Prance and Curtis swore that they and Bedloe were Witnesses at their Tryals Then Sir John Nicholas Sir Philip Lloyd and William Bridgman Esq swore that the two Letters in the Information which were shewed them were the same that were shewed to Thompson Pain and Farrel at the Council and that Thompson owned the printing of both and Farrel owned the bringing of the first and Pain owned the bringing of the other to Thompson both which Letters was then read in the Court. The first which Farrel owned he writ was intitled A Letter to Mr. Miles Prance in relation to the Murder of Sir Edm. Godfrey The Design whereof was to contradict the Evidence given at the Trial of his Murderers and to fix the Guilt upon himself affirming that the Coroner's Inquest were first of Opinion he was Felo de se and there was much Art us'd to procure their Verdict to the contrary That the Body was refused to be opened and the Coroner of Westminster's Assistance rejected and he dismist with a Guiny That he was not dogg'd as was sworn but was seen in several places and about three in the Afternoon about Primrose-hill walking in the Fields That he was found in a place inaccessible by a Horse and in such a posture as inferr'd he could never be thrust into a Sedan That his Body was full of Blood and when the Sword was pulled out Blood and Water very much issued out of that Wound and that part of the Sword which was in the Body was discoloured and the Point which was through was rusty his Clothes Belt and Scabbord were weather-beaten to Rags his Body stunk and his Eyes Nostrils and Mouth were Fly-blown his Eyes shut his Face pale no Dirt on his Shoes nor Horse-hair on his Clothes and that Bedloe's and Prance's Evidence before the Committee of Lords very much differ'd And that all this would be proved by divers credible and undeniable Eye and Ear-Witnesses Dated from Cambridg Feb. 23. 1681. Subscribed Truman London printed for M. G. at the Sign of Sir E. B. G's Head near Fleet-bridg The other Letter writ by Pain was intituled A second Letter to Mr. Miles Prance in Reply to the Ghost of Sir E. Godfrey Which was a Vindication of the First in Reply to the Answer given thereto by a Paper Intituled The Ghost of Sir E. Godfrey Disclaiming the concurrence of any Papists in publishing that Paper asserting for Truth all that had been said therein which was ready to be proved by many Witnesses who were not willing to expose themselves to the fury of that Torrent which then carried all before it in favour of the Plot by appearing at the Trial running over all the Paragraphs of the other Letter asserting what had there been said for Truth endeavouring to wipe off the Objections given in a scurrilous manner imputing Melancholy to be predominant in Sir Edm. Godfrey's Family and that such Accidents were no News thereto c. Dated from Cambridg March 13. 1681. subscribed Truman London Printed for Nath. Thompson 1682. Then was read a Paragraph out of N. Thompson's Loyal Protestant Intelligence Numb 125. Tuesday March 7. 1681. which was a kind of Advertisement of this second Letter's coming out and an Assertion that all things in the first were true and were ready by undeniable Evidence to be made out Then a
Reading should direct as also for giving the said Mr. Bedloe 50 Guinies in Hand and promising him greater Rewards for the Ends and Purposes aforesaid To which he pleaded Not Guilty in Thought Word or Deed. Then the Jurors sworn were Sir John Cutler Joshua Galliard Esq Edward Wilford Esq Thomas Henslow Esq Thomas Earsby Esq John Serle Esq Thomas Casse Esq Rainsf Waterhouse Esq Matthew Bateman Esq VValter Moyle Esq Richard Pagett Esq John Haynes Esq Mr. Reading at first challeng'd Sir John Cutler as being in Commission of Peace and labour'd very much to have made his Challenge good But the Court over-rul'd it in regard Sir John was not in the particular Commission then sitting and for that he could not challenge him peremptorily the Indictment not endangering his Life as it might have been laid but only for a Misdemeanour Thereupon the Court proceeded and the Indictment being read to the Jury Edward VVard Esq of Counsel for the King in this Cause opened it and Sir Creswel Levinz opened the Charge After which Mr. Reading to save time admitting those Publick Passages laid in the Preamble of his Indictment as that Coleman Ireland c. were Executed for Treason and that the Lords in the Tower were accused and impeached in Parliament for this Plot Mr. Bedloe was sworn and deposed That Sir Trevor VVilliams brought him first acquainted with the Prisoner who began with him as a friendly Adviser in publick always pressing him to discover what he knew of the Plot but in private advising him to be cautions and not to run at the whole Herd of Men intimating as if the Ld. Ch. Justice also seemed displeased at his forwardness saying that he would make the Parliament his Friends by proving the Plot the King his Friend in not charging all the Lords and the Lords his Friends by being kind to them That the Persons Mr. Reading most sollicited for were the Lords Petre Powis and Stafford and Sir Henry Tichborn Mr. Roper Mr. Caryl and Corker That he should have Mony and an Estate by the negotiation of the Prisoner at the Bar to shorten the Evidence and bring them off from the Charge of High-Treason That he and Mr. Reading had several Consultations about this matter none of which he did conceal but revealed them presently to the Prince the Earl of Essex Counsellor Smith Mr. Kirby and several others And that he did not give in his full Evidence against VVhitebread and Fenwick a Ireland's Tryal because he was then treating with Mr. Reading who had made him easie That the Prisoner in assurance of his Reward told him he had order to draw blank Deeds to be sign'd in ten days after the discharge of those for whom the Sollication was made That he and the Prisoner had a private Consultation in his Bed-chamber March 29. last when Mr. Speke and his own Man Henry VViggens were hid privately in the Room and over-heard the main of the Consultation and Overture of Mr. Reading At what time Mr. Bedloe was to pen his Testimony as the Prisoner should direct him for the mitigation of the Evidence That when that Paper was finished the Prisoner carried it to the Lords to consider of it And that after they had consider'd of it and mended it as they pleas'd Reading return'd with the Emendations written with his own hand and deliver'd them to Mr. Bedloe in the Painted-Chamber who held them so behind him that Mr. Speke as it was agreed took them unobserved out of his hand Which Paper being then Produced was read in open Court Then Mr. Speke was sworn who deposed That on Saturday morning March the 29th last he was hid behind the Hangings between the Bed's-head and the Wall in Mr. Bedloe's Chamber as was agreed on before and there he heard Mr. Reading's and Mr. Bedloes Negotiation together That Mr. Bedloe asked the Prisoner what the Lords said to the Business and what the Lord Stafford said to the Estate in Glocestershire To which the Prisoner answered That the Lord Stafford had faithfully promised him to settle that Estate upon Mr. Bedloe and that he had Orders from that Lord to draw up a blank Deed in order to the Settlement which the said Lord had engag'd to Sign and Seal within 10 days after he should be discharg'd by Mr. Bedloe's contracting of his Evidence And that the Lords Powis and Petre and Sir Henry Tichbourn had faithfully engag'd and promis'd to give Mr. Bedloe a very fair and noble Reward which should be suitable to the Service he should do them in bringing them off from the charge of High-Treason To which when Mr. Bedloe answer'd that he would not rely upon their Promises only but expected to have something under their Hands Mr. Reading reply'd That they did not think it convenient so to do as yet but that Mr. Bedloe might take his Word as he had done theirs and that he would engage his Life for the performance With much other Discourse all tending to the same effect That on the Monday morning he saw Mr. Reading deliver the Paper to Mr. Bedloe from whom he received it and he and Mr. Wharton read it immediately in the Lord Privy Seal's Room After him Henry Wiggen's Mr. Bedloe's Man deposed That he was concealed under the Rugg upon his Master's Bed at the same time and to the same intent as Mr. Speke was giving the same Evidence as to what had been discours'd of between the Prisoner and his Master in the Chamber which afterwards he and Mr. Speke writ down And that he saw Mr. Reading deliver the Paper to his Master in the Painted-Chamber and saw Mr. Speke take it who went with another Gentleman into the Lord Privy Seal's Room with it After this Mr. Reading began his Defence Protesting his own Innocency producing Mr. Bulstrode only to testify that the occasion of his going to the Lord Stafford was his sending for him which yet he did not without leave from the Committee of Secrets That then he was employ'd by the Lords only to get them their Habeas Corpus's And Sir Trevor Williams being called by him declared how he only recommended Mr. Bedloe to him for his Advise about having his Pardon as perfect as could be The Prisoner owning his being in Mr. Bedloe's Chamber at that time and taking his Evidence and carrying it afterwards to the Lords but that it was purely out of Conscience and to prevent Perjury and the Shedding of Innocent Blood and the Deed discoursed of was only for 200 l. to be paid him by the Lord Stafford within 10 days after he should be discharged pro Consilio impenso impendendo to be secured upon an Estate in Glocestershire the which Mony the Lord Stafford indeed told him when he had received he might dispose of it as he thought fit which Confession the Court declared amounted to the Confession of the whole Charge Then he endeavour'd the bespattering the Witnesses Relating how Mr. Bedloe had vilify'd Dr. Stilling-fleet
the King as a very excellent Expedient That in June he went over into Flanders to look to his Charge as Provincial and there in discourse with some of the Fathers he used this Expession That he hoped to see the black Fools Head at White-hall laid fast enough and that if his Brother should appear to follow his steps his Passport should be made too That also upon Sir George Wakeman's refusing to poison the King for 10000 l. he advised the adding of 5000 l. more and was highly pleased that he had accepted it Mr. Dugdale's Evidence against him was That in a Letter from Grove to Ewers he saw one of Mr. Whitebread's to take none but stout desperate Fellows not mattering whether they were Gentlemen or no and that they were to take away the King's Life That he had seen Whitebread at Harcourt's Chamber with Le Faire Pritchard and others where they fell into discourse concerning Sir G. Wakeman's bogling at 10000 l. and so agreed to make it up 15000 l. to which Whitebread readily consented Mr. Bedloe swore against him That it was Whitebread that gave Coleman an Account of sending four Irish-Men to Windsor As to Fenwick it was sworn against him by Dr. Oates that when he came over in June he met with Fenwick at Dover who came with him to London and upon his Box being seized by the Searchers he heard him say That if they had searched his Pockets as they had his Box they had found such Letters as would have cost him his Life for said he they were about our Concern in hand That he and one Ashby or rather Thimbleby then brought over Instructions from Whitebread to offer Sir G. Wakeman 10000 l. to poyson the King and for filling up a blank Commission to Sir John Gage to be an Officer in the Army That Ashby being to go to the Bath Fenwick with Harcourt did advise him upon his leaving that place to take a turn about Somersetshire and to possess the People there with the matter not doubting but that before he came up to Town again to have the Gentleman at VVhite-hall dispatch'd whom they called the black Bastard That Fenwick was with others at VVild-house upon the 21st of August at what time there was 80 l. before them on a Table which was for those that were to kill the King at VVindsor and was present when the Money was paid to the Messenger That he also being at a Consult of the Benedictines received advice from Talbot out of Ireland of a design to kill the Duke of Ormond desiring Commissions and Mony for advancing the Design Upon which the said Fenwick sent Commissions to Chester by an Express and other Letters by the Post and moreover he deliver'd the Witness Money for his necessary Expences charging him to procure some Masses to be said for a prosperous Success of the Enterprize Against Fenwick Mr. Prance deposed that in Ireland's Chamber in Russel-Street about a fortnight before Michaelmas last there was Ireland Fenwick and Grove talking of 50000 Men that should be raised and be in readiness to carry on the Catholick Cause and were to be govern'd by the Lords Bellasis Powis and Arundel And that he asking them what would become of Tradesmen if Civil Wars should be again in England Fenwick bid him never to fear a Trade for there would be Church-work enough for him as Crucifixes Images and the like Mr. Bedloe being sworn deposed that he bad seen Fenwick both at Whitebread's and Harcourt's Chambers when the Murther of the King was discoursed of and that he agreed with the rest and consented to it Against Harcourt Dr. Oates deposed That he was one of those that were at the great Consult and sign'd the Resolve And that he was present at the filling up of the blank Commission to Sir John Gage And paid the Messenger the 80 l. which was for the four Assassinates at VVindsor in his own Chamber Against him Mr. Dugdale swore that he being pitch'd upon to be one of the King's Murderers was by Harcourt chosen to be disposed of at London for that purpose under the Tuition of one Mr. Parsons That there was a Letter from Paris which pass'd through Harcourt's hands to prove that it was the opinion of them at Paris and St. Omers to fling the Death of the King upon the Presbyterians whereby they should bring in the Episcopal Party into the Papists Company to revenge themselves of the Presbyterians and after that to go on to a Massacre and those that escaped it to be afterwards totally cut off by the Army That he also had seen several treasonable Letters at least an hundred of them all sent from Harcourt to Ewers under a Cover from Groves which he had intercepted and read That the first Intelligence of the Murther of Sir Edmondbury Godfrey which they had in the Country was sent from Harcourt which Letter was received on Monday and bore Date on Saturday upon the Night of which Day the said Murther was committed with these particular words This Night Sir Edmondbury Godfrey is dispatch'd In Confirmation of which Particular Mr. Chetwin was sworn who deposed that on Tuesday after the Murder one Mr. Sanbidge a Kinsman of the Lord Astons came to him from Elds an Ale-house and ask'd him if he heard not of a Justice of Peace at VVestminster that was kill'd the Girl of the House having told him that Mr. Dugdale had reported there that Morning that such an one was kill'd Mr. Bedloe being sworn deposed also that he saw Harcourt take the 80 l. out of a Cabinet and pay the Mony to the Messenger that was to carry it to the Ruffians at Windsor giving the said Messenger at the same time for Expedition a Guinea as from Coleman to drink his Health That in Harcourt's Chamber 1500 l. was agreed upon and appointed as likewise the number of Masses for Grove and Pickering for killing the King That he was one of those that agreed and consented to the addition of 5000 l. to the first 10000 l. to be given to Sir G. Wakeman That he brought Harcourt several Letters from Wotton St. Omers Bruges Paris Valladolid and Salamanca all of them for carrying on the Plot shewing what Men and Mony was in readiness and what more expected That the Contributions and Accounts lay generally in Harcourt's Hands and that he had carried several Papers from Harcourt to Langhorn concerning the same matter That he carryed a Consult to St. Omers from Mr. Coleman to whom Harcourt went with him and that in that Consult was the main of the Design Also that he saw Harcourt give Sir G. VVakeman a Bill upon some certain Citizen for 2000 l. telling him at the same time that it was in part of a greater Sum. Then two Papers were produced and read in Court which Sir Thomas Doleman deposed he found amongst Harcourts Papers the first was a Letter from one Mr. Petre giving an account when the Consult was to be advising
then an Army to have appear'd to have cut off those that might escape the Massacre that these Consultations were in Staffordshire one at Tixal another at Boscobel at my Lord Aston's and Mr. Gerrard's Also that Mr. Ewers received a Letter on Munday dated on Saturday from Mr. Harcourt which did express and begin thus This very night Sir Edmondbury Godfrey is dispatched with some other words of like Import Then Mr. Prance deposed that he was told by the Lord Butler that one Mr. Messenger a Gentleman of the Horse to the Lord Arundel of VVarder was by him imployed and the Lord Powis to kill the King for a good Reward That Mr. Harcourt in his hearing said that the King was to be killed by several And that Fenwick said Mr. Langhorn was to have a great hand in it That then an Army of 50000 Men was to be raised and governed by the Lords Arundel and Powis to rain the Protestants and settle the Catholick Religion whereof he hath heard Fenwick Ireland and Grove speak at the same time together Then for the Proof of the particular matters of the Indictment Dr. Oates was sworn who deposed That in April 1677 he went into Spain and in September following Mr. Langhorn's Sons came thither the one a Scholar of the English Colledg at Madrid the other of the English Colledg at Valladolid to study Philosophy in order to their receiving of the Priesthood That in November following he returned into England and brought Mr. Langhorn Letters from his Sons which he delivered soon after his Arrival to him telling him at the same time that he believ'd his Sons would both enter into the Society whereat Mr. Langhorn seem'd mightily pleased saying that by so doing they might quickly come to Preferment in England for that things would not last long in the posture they were in That in the latter end of November he returning to St. Omers Mr. Langhorn deliver'd to him a Pacquet to carry thither wherein when it was opened he saw a Letter from him to the Fathers giving them thanks for their care and kindness towards his Sons promising them to repay them their charges of his Son's Journey into Spain which was 20 l. telling them that he had writ to Father Le Chese in order to their Concerns saying that Mr. Coleman had been very large with him and therefore it would not be necessary for him to trouble his Reverence with any large Epistles at that time which Letter he saw not only this account of it That there was in March or April after another Letter from Mr. Langhorn to the Fathers at St. Omers about an extravagant Son of his wherein he also express'd his great care for the carrying on of the Design of the Catholicks and that the Parliament began now to flag in promoting the Protestant Religion and that now they had a fair Opportunity to begin and give the Blow That in April or May when the Consult was to which several of them came over from St. Omers and at which tho Mr. Langhorn was not present yet that he had Orders from the Provincial to give him an account of what Resolutions and Passages and Minutes pass'd and this he did as well as he could telling him who went Procurator to Rome which was one Father Cary that several of the Fathers were to be admonished for their irregular living as they termed it and that it was resolv'd that the King should be kill'd that Pickering and Grove should go on to do it for which Grove was to have 1500 l. and Pickering 30000 Masses upon the hearing of which Mr. Langhorn lift up his Hands and Eyes and prayed God that it might have good Success That then he saw in Mr. Langhorn's Chamber seven or eight Commissions whereof there were about fifty by Virtue of a Breve from the Pope directed to the General of the Society and signed 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Johannes Paulus de Oliva those he saw were for the Lord Arundel to be Lord Chancellor of England the Lord Powis to be Lord High Treasurer the Lord Bellasis to be General the Lord Peter to be Lieutenant General the Lord Stafford to be Pay-Master or some such office in the Army Mr. Coleman to be Secretary of State and Mr. Langhorn to be Advocate of the Army That he saw the Answers of Le Cheese and Anderton who was Rector of the Colledg at Rome to Mr. Langhorn's Letters to them and carried the Originals of them to the Fathers who requested them from Mr. Langhorn wherein Le Chese did assure him of his Stedfastness and Constancy to assist the English Society for the carrying on the Cause And that they should not need doubt but the French King would stand by them That Mr. Langhorn was employed as Solicitor for the Jesuits and went with Harcourt Fenwick Keines and Langworth and communicated the Secret to the Benedictine Monks desiring them to stand by them with a Sum of Money for the carrying on the Design upon which as he heard that 6000 l. was promised and that Mr. Langhorn was to receive it which though he could not prove that he had yet that he was sure he was much disgusted that Sir George Wakeman was not contented with 10000 l. to poison the King saying he was a covetous Man that it was in a Publick Concern and that being it was to carry on the Cause it was no matter if he did it for nothing but he was a narrow-spirited and a narrow-soul'd Physician That Mr. Langhorn also did know of 800000 Crowns come to France for England from the Congregation at Rome Then Mr. Bedloe being sworn there was as a Confirmation of what Dr. Oates had deposed concerning the Commissions an Instrument produced found by Mr. Bedloe in searching Mr. Arthur's Study a Papist a good while after Dr. Oates had given his Testimony publickly signed and seal'd just as the Commissions were He then deposed that about three Years since he was sent by Mr. Harcourt and Mr. Coleman with Letters to Le Chese that the Letters were writ at Coleman's House and brought open by Mr. Coleman to Mr. Langhorn's Chamber in the Temple where the Prisoner read and registred them and then Coleman sealing them up gave them to him to carry away The effect of which was to let Le Chese know that they waited only now for his Answer how far he had proceeded with the French King for sending of Mony for they only wanted Mony all other things were in readiness That the Catholicks of England were in safety had made all Places and all Offices to be disposed of to Catholicks or such as they thought would be so that all Garisons were either in their own Hands or ready to be put into them that they had so fair an Opportunity having a King so easy to believe what was dictated to him by their Party that if they slipp'd this Opportunity they must despair of ever introducing Popery into England for having a
King of England so easy and the French King so powerful they must not miss such an Opportunity That about a Year and an half since Mr. Harcourt sent him with another Pacquet of Letters to Mr. Langhorn to Register wherein were two Letters that he before had brought from Spain the one from Sir William Godolphin to the Lord Bellasis the other from the Irish Colledg of Jesuits in Salamanca That the Letter from the Rector did specify That they would have the Lord Bellasis and the rest of the Lords that were concerned and the rest of the Party in England to be in readiness and to have this communicated with all expedition for that now they had provided in Spain under the Notion of Pilgrims for St. Jago some Irish cashier'd Souldiers and a great many of Lay-Brothers to be ready to take Shipping at the Groin to land at Milford-Haven there to meet the Lord Powis and an Army that he was to raise in Wales to further this Design That also he met with Father Keins he brought a Letter from Mr. Langhorn in his Hand which he said was a chiding Letter from the Secretary de propaganda Fide Cardinal Barbarino to Mr. Langhorn and the rest of the Conspirators for going on no faster when they had so fair an Opportunity Then Thomas Buss the Duke of Monmouth's Cook was sworn who being out of the way before now deposed to the Plot in general That he in September last being at VVindsor heard one Handkinson bid one Anthony a Portuguese and the Queen's Confessor's Man who was then drinking in their Company that he should have a special care of the four Irish Gentlemen he brought over with him for that they would do their Business whom since he had seen Coleman's Trial he supposed to be the four Irish-Men that were to kill the King Then this Anthony was sent for by the Court to be took up but Handkinson was return'd beyond Sea Then the Prisoner in his own defence offer'd to the Court that the two Witnesses against him Oates and Bedloe were Parties to the Crime which was laid to his Charge and therefore he desired to know whether they had their Pardon or no Which tho it were sufficiently made out yet the Court for his further satisfaction declared That whether they had or had not yet they were good Witnesses or else they should not have been admitted Whereupon the Prisoner started another Question Whether having had their Pardons they might not fall under the same prospect in Law with an Approver not as being Approvers but as under some equivalence of reason for them From whence he would have inferr'd That if the Approver be pardoned the Appellee ought to be discharg'd To which the Court replied That an Approver was ever allow'd Maintenance and that there ought to be a proof of corrupt Contract or Subornation to invalidate a Testimony Then the Prisoner desired to know whether they had ever received or did not expect Gratifications and Rewards for their Discoveries To which Dr. Oates declared That he was 6 or 700 l. out of Pocket and knew not when he should see it again The Prisoner urged That Mr. Reading had told him that Mr. Bedloe had received 500 l. But the Court inform'd him that was for the discovery of the Murderers of Sir Edmondbury Godfrey Then these little Passes being all put by and he having nothing to answer to the Fact to invalidate the Witnesses he called in the St. Omers Gang which had all been heard and baffled but the day before to prove that Dr. Oates did not come over with those Persons he deposed he did nor at that Time but was at St. Omers in April and May which was the only Months they could answer any Questions about because as one of those Witnesses very honestly confess'd the Question that he came for did not fall upon any other Time Others of them contradicted themselves as to what they had spoke the day before one calling it the 24th of April New-Stile who yesterday call'd it Old-Stile another June who yesterday said July And the Woman of the VVhite-Horse Tavern affirming her House to be little and that there was never a Room therein that could contain near so many as Dr. Oates had deposed had met there at the Consult several in the Court presently contradicted her affirming that Fifty might dine at once in some of her Rooms Then Mr. Langhorne would have urged something against the Witnesses which they had said at other Trials the unreasonableness whereof the Court shew'd him Then several substantial Witnesses being sworn whereof one was a Papist deposed That they saw Dr. Oates in London in April and May 1678. which quite contradicted the St. Omer's Evidence Then Mr. Langhorn urg'd the St. Omer's Testimony notwithstanding against Dr. Oates's Evidence and affirm'd that he had never seen Mr. Bedloe before that day and that it was improbable that one that was in his way of Practice should become a Clerk to register Letters and that there was no proving a Negative disclaiming all Principles of Disloyalty leaving the rest to the Jury Therefore the Ld. Ch. Justice then summ'd up the Evidence and directed the Jury And then a Letter found among Harcourt's Papers five or six days after Dr. Oates had given in his Information to the King and Council was produc'd and read in Court to confirm Dr. Oates's Testimony about the Consult Then an Officer was sworn to keep the Jury who withdrew to consider of their Verdict and the Judges also went off from the Bench. After a short space the Jury returned and brought the Prisoner in Guilty upon which there was a very great Shout Then the five Prisoners cast the day before were all brought to the Bar and received Sentence together To be Drawn Hang'd and Quarter'd Mr. Recorder applying himself first to them in a very handsom Speech Which Sentence after a Month's Reprieve was executed upon him at Tyburn The Trials of Sir George Wakeman Bar. William Marshall Benedictine Monks William Rumley Benedictine Monks James Corker Benedictine Monks At the Sessions-House in the Old-Baily on Friday July 18. 1679. THen and there these Prisoners were Indicted for High-Treason for conspiring the Death of the King subversion of the Government and Protestant Religion whereto they all pleaded Not Guilty Their Jury were Ralph Hawtrey Esq Henry Hawley Esq Henry Hodges Esq Richard Downton Esq John Bathurst Esq Robert Hampton Esq William Heydon Esq John Baldwyn Esq Richard Dobbins Esq William Avery Esq Richard White Gent. William VVayte Gent. To whom the Indictment being read Edward VVard Esq of Counsel for the King in this Cause opened the Indictment and Sir Robert Sawyer opened the Charge And then Mr. Dugdale was first called to give a general Account only of the Plot. Who therefore being sworn deposed That for these seven Years he had known of the Plot and for two Years particularly and that in order thereto the best way was
to kill the King and to that purpose there were several Letters sent weekly into Staffordshire and very often directed to him in a Cover wherein were seven or eight several Letters as from Ireland Harcourt and Grove to some Priests in Staffordshire viz. Ewers and Lewson and Vavasor and many times they writ of the Plots going on to kill the King advising to Secrecy and mentioning who should be their Officers for an Army to be raised afterward That he was engaged to be one of the Assassinates first about two Years ago but more precisely in June or July last was 12 Month and he should have come up for that end to London in October there to have received Directions from Ireland but the Plot breaking forth he was prevented and that the Lord Stafford promised him that he should have 500 l. as part of his Reward and when the Work was done he should be better gratified Then Mr. Prance deposed That about three Weeks before Michaelmass he heard Fenwick Grove and Ireland discoursing in Ireland's Chamber of 50000 Men that were to be raised for the setling of Popery and he asking what poor Tradesmen should do Fenwick said That he need not fear for he should have Church-VVork enough to make Crucifixes Basons and Candlesticks being a working Gold-smith and that this Army was to be govern'd by the Lords Powis Stafford Arundel Bellasis and Petre. That he heard that one Messenger was to kill the King but meeting him the said Messenger told him They were off that now but pray'd him however to keep Counsel Then Mr. Jennison depos'd That he was in Ireland's Chamber in Russel-street when there arose a discourse concerning the hopes of bringing in Popery and Ireland said There was only one in the way that stop'd the Gap and hindred the Catholick Religion from flourishing in England again and said It was an easy matter to poison the King and that this was in June 1678. And on the 19th day of August he saw Ireland again at his own Chamber which contradicted what had before been deposed in Irelands's Trial that he never was in London after the 3d of August till September And this he proved by many remarkable Circumstances and strengthen'd his own Evidence by that of Mr. Bowes and Mr. Burnet who proved that Mr. Jennison was then in London Then Dr. Oates was called whose Evidence was to effect directly the Prisoner's and he being sworn deposed against Sir George VVakeman That he saw a Letter of Sir G. VVakeman's to Ashby wherein was some Prescriptions he was to observe at the Bath and afterwards an Information that the Queen would assist him to poison the King That a short time after he saw Sir George at Ashby's sit in a writing posture and saw him lay by his Pen rise up and go away and the same hand he left behind him in a Paper where the Ink was not dry was the same Hand that writ the Letter to Ashby That in that time of Converse while Sir George was writing Ashby gave him some Instructions concerning the Commission he had received of being Physician to the Army That some few days after this by Command from the Queen Harcourt Keines Langworth Fenwick and another did attend the Queen in her Chamber at Somerset-House and that he waiting in an Anti-Chamber heard a Woman's Voice which afterwards he knew to be the Queen's there being no other Woman there and he seeing her while she spoke which did say That she would assist them in the Propagation of Popery with her Estate and that she would not endure these Violations of her Bed any longer and that she would assist Sir G. VVakeman in poisoning the King That he was present when Ashby by Order from the Provincial offer'd Sir George the 10000 l. in the presence of Harcourt and Ireland to poison the King That he refused it not in abhorrency of the Crime but because as he said it was too little for so great a Work That afterwards 5000 l. more was offer'd him as he was credibly inform'd by the Order of the Provincial VVhitebread But that he certainly saw the Prisoner's Hand to a Receipt in the Entry-Book at VVild-House for 5000 l. in part of the said 15000 l. Mr. Bedloe deposed That he was in Harcourt's Chamber last August where he saw Harcourt deliver to Sir George a Bill of 2000 l. which he said came from the Queen which was charged as he supposed on some Goldsmith near Temple-Bar That as soon as Sir George had read it he said 't was well if it would be accepted that he found more Incouragement from his good Lady and Mistress than from any of them all That the Bill was accepted and the Mony paid by the Confession of Sir George to the Witness That the said 2000 l. was soon after made up 5000 l. and as Harcourt told this Deponent all upon the same account and in part of the 15000 l. Sir George pleaded to all this That he had been left at Liberty 24 days after he had been before the Council and that upon Dr. Oates's being sent for to the House of Lords to repeat his Evidence he confess'd there that he did not know Sir G. VVakeman's Hand and only knew the Letter in question to be his Letter by being subscribed G. VVakeman concluding from thence that he would have told more at that Examination had he known more To which the Doctor replied That he had been so over-toiled with watching and searching after Persons detected that he was not able to make good his Charge Which was also confirm'd by the Testimony of Sir Thomas Doleman But Sir Philip Floyd one of the Clerks of the Council was more express in behalf of the Prisoner who acknowledged indeed that Dr. Oates did make mention of Sir George's undertaking to poison the King as he had understood by a Letter from VVhitebread to Harcourt and that he was inform'd by the same Letter that Coleman had paid him 5000 l. of the 15000 l. agreed upon But that being demanded of his own personal knowledg what he could tax Sir George withal he solemnly denied that he had any thing more against him To which the Doctor gave the same answer of his extream Weakness and Indisposition as before Sir George also offered to prove That there was nothing about poisoning the King in that his Letter to Ashby Mr. Chapman and Hunt his Man the first shewing a piece of the Letter and the other affirming that he writ it from his Master's Mouth being then indispos'd but the Court judging this to be some other and not that Dr. Oates swore this was rejected as no Evidence Finally Sir George recommended this one Observation-more to the Court That in Oates's Narrative there was not one Letter which came from beyond-Sea to which he did not swear positively as to the Date and as to the Receipt and yet that in the Case of Life he would not be confin'd to a Month. Concluding
that Robinson and his Wife upon their Examinations before a Justice of the Peace said they did not know him Then the Statute of 27. Eliz. Cap. 2. was read and the Ld. Ch. Justice summ'd up the Evidence and the Jury brought him in Guilty Then VVilliam Atkins was set to the Bar having been Arraigned for being a Romish Priest and his Indictment read to the same Jury Then VVilliam Jackson being sworn said He could say nothing Francis VVilden deposed That he heard him say Prayers in an Unknown Tongue in a Surplice and had seen him give the Sacrament to seven or eight according to the manner of the Church of Rome in a Wafer at Mrs. Stamford's House in VVolverhampton Then John Jarvis being called refused to be sworn saying He was troubled with a Vision last Night But the Ld. Ch. Justice told him he mistook for Old Men dream Dreams 't was Young Men see Visions and that he was an old Man Bidding him speak the Truth and he 'd warrant him he should not be troubled with Visions any more this being a Trick of the Priests So he being sworn deposed That he had often been relieved by this Atkins and had heard him say somewhat in an Unknown Tongue and had Confess'd to him and often received the Sacrament from him he being in a Priests Habit. Henry Brown also deposed That he was almost turned from the Protestant Religion to that of the Church of Rome but never went further than Confession and that was to this Man and then he left them Then Thomas Dudley deposed That he likewise was given that way and had been at Confession with one Atkins whom he believed to be this Man and had seen him perform several Rites of the Church of Rome at VVell-Head at Ham. Then the Statute was read and the Prisoner saying He had neither any Witnesses to call nor any thing to say The Ld. Ch. Justice summ'd up the Evidence and the Jury brought him also in Guilty And the Ld. Ch. Justice sentenced them both to be Drawn Hang'd and Quarter'd ON Monday Aug. 4. 1679. at Hereford Charles Kerne was brought to the Bar and being Arraigned he pleaded Not Guilty to the Indictment which was for being a Romish Priest Then the Jury being sworn whose Name 's are not inserted into this Trial only that one VVill. Barret was Foreman the Court proceeded to call the Evidence against him And first Edward Biddolph was sworn who deposed that he did not know the Prisoner that he had seen one of that name 6 Years agone at Mr. Somerset's at Bellingham but would not say this was he Then Margaret Edwards deposed That she had known Kerne five or six Years That the first time she ever saw him was at Mr. VVigmore's of Lucton who told her it was he That she hath seen him several times since twice or thrice at VVoebly and the last time was the 29th of May was Twelvemonth at Sarnsfield at Mrs. Monington's where she saw him deliver the Wafer and remembred the Words Corpus Christi to four persons that were there but she her self did not receive She gave also an account of the Reason of her then coming thither it being at the request of one Harris of Lempster whose Wife was sick to seek some Remedy from Mrs. Monington for her Telling how the Maid brought her up to the Mistress how she acquainted her with her Errand what advice was given her and how Mrs. Monington understanding she was a Papist took her into the Chappel whereof she gave a Description Then Mary Jones deposed That she knew Mr. Kerne about eight Years ago when she lived at Mr. Somersets and that Mr. Kerne lived in the House about half a Year That she hath seen several Persons come thither And that one Sunday Morning she saw several Persons go up with Mr. Kerne and listning she heard Mr. Kerne say something aloud which she did not understand there being but a Wall between them That also there was a Child Christned in the House and no one there but Mr. Somerset and his Wife Mr. Latchet and his Wife and Mr. Kerne to do it but she did not see him do it though she heard his Voice And that once she wash'd a Surplice but knew not whose it was Then the Prisoner in his own Defence called one Mr. Hyet who said That Margaret Edwards had denied to him that she knew Mr. Kerne but not being on her Oath when she said so it was not regarded Mr. Weston's maid affirmed That she saw Margaret Edwards and Mary Jones talking together and Marg. Edwards instructed the other what she should say but being called they both denyed it upon their Oaths Then Mrs. Monington appear'd who said She neither knew Marg. Edwards nor James Harris and Mrs. Monington's Maid denied that ever she saw her at her Mistresses House Then the Statute being read of 27 Eliz. the Prisoner urged that Persons that are not Priest's may say Mass except that of Bread and Wine and Christen too in extremis Then the Ld. Ch. Justice summ'd up the Evidence concluding Margaret Edwards to be a Positive Evidence but leaving the other doubtful to the Consideration of the. Jury who brought the Prisoner in Not Guilty The Trial of Thomas Knox and John Lane at the King's-Bench Bar on Tuesday Novemb. 25. 1679. before the Lord Chief Justice Scroggs and the other Judges of that Court. THen and there the Prisoners were indicted for a Conspiracy to defame and scandalize Dr. Oates and Mr. Bedloe thereby to discredit their Evidence about the Horrid Popish Plot. To which having pleaded Not Guilty the Jury was sworn viz. Sir John Kirke Thomas Harriot Henry Johnson Simon Middleton Hugh Squire Francis Dorrington John Roberts Rainsford Waterhouse Thomas Earsby Joseph Radcliffe James Supple Richard Cooper To whom the Indictment being read Trenchard Esq of Counsel for the King in this Cause opened the Indictment Serjeant Maynard pursued the Charge and Sir Creswel Levinz his Majesty's Attorney General opened the Evidence Then the Attainders of those Persons executed for the Plot and the Impeachments of the Lords in the Tower and of the Earl of Danby mentioned in the Indictment being allowed Robert Radford one of his Majesty's Yeomen of the Guard being call'd and sworn deposed That Richard Lane who was a Yeoman of the Guard extraordinary and Father of this John Lane told him about a Year ago that Doctor Oates did attempt many times to Bugger his Son but knowing him to be a lying Fellow he durst not speak of it again for fear he would have put it upon him Mr. Thomas Allen only deposed that in December last when Lane was out of Dr. Oates's Service he desired him to interceed for him which he did till he was admitted again Mr. Samuel Oates the Doctor 's Brother deposed That in April last about a Fortnight before Lane went from his Brother he heard him say having before wished for 1000 l. that he questioned not
but e're long he should find a way to get 1000 l. Then offering to speak to Osborn as to the Thing it self he was not suffer'd as being no Evidence against the Defendants till somewhat had been proved upon them Therefore the King's Counsel proposed to prove that Lane and Osborn who tho laid in the Indictment to join was run away did accuse Dr. Oates and afterwards recant it and that Knox had an hand in all this And to this end Sir William Waller was called and deposed That Justice Warcup and he were order'd by a Committee of Lords before whom a Complaint of Dr. Oates had been brought of the horrid abuse of his two Servants Osborn and Lane to take their Examinations which he did and that Lane's Evidence upon Oath was That he had been induced by Mr. Knox to betray his Master and to swear several Things against him which Knox had drawn up and dictated to him which Osborn writ and he signed them That there were four Letters three or four Memorials and three or four Informations which they had carried Knox accompanying them to have sworn them before Mr. Cheney who not caring to meddle with them they applied themselves to Mr. Dewy who refused them likewise After this Knox took Lodgings for them removing them to several places lest Dr. Oates should hunt them out bidding them stand firm to what they were to do and they should not want for Reward that would maintain them with Footmen and to live well That Knox did at the One-Tun Tavern drop a Guiny upon the Table which he said he would not give because then they might swear that he never gave them any Mony And told them that the Lord Treasurer would never have surrendred himself to the Black Rod unless they had promised to stand fast to what he had dictated to them One part of which Information was that Mr. Bedloe should say to Dr. Oates that the Earl of Danby offered him a considerable Sum of Mony to go beyond-Sea and that Dr. Oates had a Design of abusing Lane's Body That Lane further confess'd that Dr. Oates would be something hasty and passionate but was very Religious and was constant in sending his Servants to Prayers and that he had accused him of a Falshood by the instigation of Knox who incouraged him to it by the Promises of a great Reward That also to prevent a Discovery it was agreed among them that if any one should betray it the other two should murder him That he did likewise declare that the Lords in the Tower would not be wanting to acknowledg the kindness in disparaging the King's Evidence And that at all the Places and several Lodgings and Entertainments they had been at were all at Knox's Charge except twice which might amount to about 18 d. and that he paid And upon the Examinations of Lane and Osborn he found they agreed together to a tittle That he took also the Examination of Knox who said that the Papers he received from Lane and Osborn who said they had writ them out of trouble of Conscience and desired him to go with them before some Justice to swear them denying that he paid for their Lodgings only that he did indeed drop a Guiny and another time 10 s. upon the Bed which they took up but he only lent it them Confessing that the Papers so drawn up and delivered into his Hands were by him delivered into the Hands of the Lord Latimer and were there for some time this Knox belonging to the Lord Dunblane That Knox confess'd also that he sent a Note to Osborn that day he was examin'd which was conveyed to him through the Door to this effect We always Club'd and you paid two Shillings at the Sugar-Loaf Tear this Which was to intimate that they should say he did not bear their Charges Then Justice Warcup being sworn deposed That he also had took Lane's Examination wherein he had confessed as before That also he was by when he was brought before the Lords of the Committee for Examinations and did hear him there first swear the things in these Notes contained and then come afterward and beg their pardon and God's for what he had sworn was false and this too was upon Oath That he heard Knox confess about the Note to Osborn and he took Lodgings for Lane and Osborn in VVhite-Friers by the direction of the Lord Dunblane's Coachman Then one Rix deposed That he help'd Osborn into Dr. Oates's Service and a while after he and Lane came to him and said they were both going off from the Doctor to preferment and should have 100 l. a Year and 500 l. apiece but would not tell how Another time Osborn came to him to borrow a Cravat for he was going to dine with one of the greatest Peers of the Realm at the other end of the Town this Discourse being at VVhite-hall and asking why he would leave Dr. Oates he said Let Dr. Oates look to himself for he had enough against him Then perceiving some Design he gave in his Testimony to Justice VVarcup and upon further inquiry into it the Lords ordered him to send out his Warrants for the taking of Knox Lane and Osborn which he assigned over to him and in a short time after they were taken Osborn then confess'd to Justice VVarcup and Lane to Sir VVilliam VValler Afterwards Rix drinking with Lane in the Prison would have paid but he would not let him for that he had 23 s. which he said Knox had sent him in Another day he came to him and Lane shew'd him a Note which he had put under the Door from a Gentlewoman That if he would stand firm to his Text he should have 500 l. nay he should not want 1000 l. But in case they would not the Lord Treasurer would never have come in and if they did not he would lose his Head And this Lane's Father and Mother told him afterwards and that one Hest did come and tell them so That also Lane told him his Heart was lighter now he had confess'd this and that Knox set him on drew up the Writings and promis'd him those Rewards Then Richard Slightam a Prisoner and Under-Goaler deposed That Knox gave him three half Crowns at one time and promis'd him a considerable Sum to carry Notes between him and Lane and Osborne but he carried none And when Osborne had confess'd he said it would signify nothing because two were better than one Then Mr. Dewy depos'd That at the end of April or beginning of May Knox came to him with two more with him and said the Ld. Latimer wish'd him so to do with Papers ready written which as said were the Informations of one Osborne and Lane who had over-heard Dr. Oates and Mr. Bedloe conspiring against the Lord of Danby but the Parliament then sitting he shifted them off and did not inspect them Then Mr. Henry Wiggens Mr. Bedloe's Clerk deposed That Knox came to him the latter
testified that he being to carry Mrs. Pressicks before Justice Lowther Bolron's Wife said she was sorry for it for she believed her to be an honest Woman and had been a good Neighbour amongst them Mary Walker Servant-maid to Mrs. Lassels Thwing's Sister testified that Bolron proffer'd her 10 l. to swear Thwing was a Priest Then William Bacchus said that when he served a Warrant on the two Mrs. Bolron's to go before Mr. Lowther they said they could say nothing against Six Tho. Gascoyne nor any of the Family Cuthbert Hamsworth said that fie heard Bolron swear Revenge against the Lady Tempest for prosecuting a Suit against him Then the Prisoner endeavoured to prove he was not at Barnborow-hall in 1677. by George Twisley Groom to Sir Tho. Gascoyne who could only say that he used to come there but a night or two in a Year Joseph Cooper said that about a Year ago he heard Mowbray say he knew nothing of the Plot and that he believed Sir Tho. Gascoyne was guilty of no such thing for if he had he should have known it as soon as Bolron and he was a Rogue and a Knave for saying any such thing Edward Cooper sen said he then heard Mowbray say he thought Sir Thomas Gascoyne was not guilty of the Plot. Isabel Heyward a Girle that lived with Bolron as a Servant testified that her Master and Mistrifs falling out she said she would not go to London and if he made her go she would swear that what he had sworn against Mrs. Pressicks was out of Malice Alice Dawson testified that the day after New-years-day was twelve-month Mrs. Bolron said she was sorry for nothing but that her Husband had meddled with Mrs. Tressicks One or two Witnesses more were called but nothing to the purpose Therefore Mr. Justice Dolben summ'd up the Evidence and Mr. Baron Atkins proceeded to do the same And the Jury withdrawing for a while brought in Thomas Thwing Guilty and Mary Pressicks not Guilty And on the Monday following Mr. Justice Dolben sentenced him to be Drawn Hang'd and Quarter'd The Trials of William Viscount Stafford in Westminster-hall from November the 30th to December the 7th 1680. before the House of Peers ON Tuesday Nov. the 30th the Right Honourable Henege Lord Finch Baton of Daventry Lord High Chancellor of England being constituted Lord High Steward for the present occasion and all things fitted for the purpose in VVestminster-hall and both Houses being seated and the Commons all bare VVilliam Viscount Stafford was brought to the Bar kneeling till the Lord High Steward bid him rise and a Chair set for him After which making a short Speech to him concerning the occasion of his appearing there the Articles of Impeachment High Treason against him and the other Lords in the Tower by the Commons of England were read which consisted of seven Heads The 1st That there hath for many Years a Plot been contrived c. 2ly Naming the Persons concerned therein and particularly the Noble Lord at the Bar. 3ly That consults had been held and the Murder of the King resolved on therein c. 4ly That consultations have been for the raising of Men Mony Arms c. 5ly That Commissions had been given and received and particularly a Commission for the Lord Stafford to be Pay-master of the Army 6ly That to hide and hinder a Discovery an Oath of Secresy and the Sacrament had been given and taken and Sir Edm. Godfrey murdered 7ly That the Guilt of that Murder was endeavoured to be put upon Protestants c. The Lord Stafford's Answer to which was then also read wherein he put himself upon his Peers for Trial affirming himself Not Guilty After this Serjeant Maynard Sir Francis VVinnington and Mr. Treby being of the Committee appointed for the Management of the Evidence opened the Charge and Evidence in very excellent Speeches And proposed to prove first the Plot in general and the Guilt of this Lord therein in particular And therefore as to the first Mr. Smith being sworn gave a full relation of his Travels and Perversion and of what he had heard beyond Sea and in England concerning this Plot. How Abbot Montague and Father Gascoyne in France and other Priests and Jesuits told him that if he would turn Catholick he should have Employment among them there and afterwards England for that they doubted not but the Popish Religion would come in very soon and that because as the Abbot said they doubted not to procure a Toleration of Religion and because the Gentry that went abroad did observe the Novelty of their own Religion and the Antiquity of theirs and the Advantages that were to be had by it But one Father Bennet and others said they doubted it not because their party was very strong in England and in a few Years they would bring it in right or wrong That it was Cardinal Crimaldi who perverted him about 1671 to the Romish Religion at Provence and that afterwards he lived several Years in the English Jesuits Colledg at Rome where he hath often heard it disputed and preached and exhorted that the King of England was an Heretick and that there was no King really reigning and whoever took him out of the way would do a meritorious Action particularly by Father Anderton Mumford Campion but chiefly Southwel one of the chief of the Jesuits That when he came away thence for England these Fathers for a whole Month were exhorting that the King of England was not to be obeyed and that in all private Confessions all Persons who might be thought capable of any design were to be instructed that they should use all their Endeavours for promoting Popery That while he was at Rome he read Coleman's Letters of Intelligence once a Month and therein how the Duke and the Queen and the chief of the Nobility were of their side how they carried matters several times the ways the Lord Clifford and Sir VVilliam Godolphin did use to effect the work and that they question'd not to get the Lord Danby on their side too That when he return'd into England he found all the Popish Clergy in great hopes of Popery coining shortly in That he knew of Money gathered in the North but refused to joyn therein That as to the Lord Stafford he knew nothing but that Sir Henry Calverley was turned out of Commission of the Peace through Complaint made to my Lord Stafford of his being active against Popery And that he writ to one Smith that he would not make over his Estate as others did for that he expected some sudden Change or Alteration That the Cardinal who perverted him at the same time spoke of great Assurances that Popery would prevail in England that there was but one in the way and tho that Man was a good natured Man yet they could not so far prevail upon him but that to accomplish their designs they must take him out of the way That now he had been a Protestant two
Years and was always bred so till he travelled towards Rome After him Mr. Dugdale was sworn and deposed That he had been acquainted with a Design of introducing Popery about 15 or 16 Years and that he had seen several Letters from beyond-Sea of Mony Men and Arms being ready to Assist That Collections of Mony were made in the Country and 500 l. paid to him so collected which he paid to Mr. Evers to return to London to discharge an Account count of Arms and Things received from beyond-Sea and for carrying on this Design That he himself had given them an Estate of 400 l. Value and because he knew Mony would be wanting had promis'd an 100 l. more as soon as the Lord Aston and he had accounted for this Design and the praying for his Soul That the King of France had promised his Assistance and the Pope allowed some part of his Revenue for the same purpose That of late he had been at several Consultations wherein the Death of the King was discoursed which was intended to be about November December or January 1678. and saw Letters from Paris which advised that it should be thrown upon the Presbyterians who had killed the old King and were likeliest to be thought to have done this and so they might easily get the Protestants of the Church of England to join with the Papists against them to the weakning of Protestantism and accomplishment of their Design That it was agreed that the Lord Aston Sir James Symons and others should go in October 1678. to dispose of Arms to the value he heard of 30000. l. That after the King had been killed an Army was to have appeared to have cut off all that should escape the Massacre which also was designed That he bad been put upon to make Foot-Races to draw People together that they might the better have Discourses together without suspicion That he saw a Letter from the Lord Stafford to Mr. Ewers to shew that things went on well beyond-Sea and hoped they did so here and that particularly the Lord Stafford was by at a Consult about September 1678. with Mr. Heveningham Sir James Symonds Mr. Vavasor Mr. Petre Mr. Howard and the Lord Aston about the Death of the King and that Mr. Heveningham Sit James Symons the Lord Aston Mr. Draycott Mr. Howard and Mr. Gerard did of his knowledge contribute Mony for carrying on the Plot. That he saw a Letter from Whitebread to give Mr. Ewers a Caution to trust only stout and trusty Fellows no matter whether they were Gentlemen or no for killing of the King and another Letter from Harcourt to Ewers dated Octob. 12. and received the 14th 1678 wherein it was said This night Sir Edmondbury Godfrey is dispatched the reason whereof was Ewer's said because he had shewn himself too eager upon Oates's Examination before him and that therefore the Duke of York sending to Coleman to desire him not to reveal what be knew of the Plot Coleman mistrusting Sir Edmonbury sent word back that it would be never the nearer because he had been so foolish as to reveal all to Sir E. Godfrey who had promised to keep it all as a Secret but that now he feared he would witness against him Whereupon the Duke sent word back again That if he would but take care to conceal he should not come in against him And upon this he was quickly dispatched That be had oft been brought to the Oath of Secresy and the Sacrament and particularly when he withdrew on a Monday about the 18th or 19th of November 1678 from the Lord Aston's when he carried all his Papers and burnt them at a Neighbouring-house because he knew they would discover him and others concerned in the Plot But afterwards understanding such his Promises of Secrecy were better broke than kept he came in to make his Discovery Then Mr. Prance deposed That in 1678 he went to one Singleton a Priest at one Hall's a Cook in Ivy-Lane who told him That he did not fear but in a little time to be a Priest in a Parish-Church and that he would make no more to stab 40 Parliament-Men than to eat his Dinner which at that very time he was a doing Then Dr. Oates was sworn and told how in the Year 1676 he was admitted Domestick Chaplain to the Duke of Norfolk being then a Minister of the Church of England Where he became accquainted with some Popish Priests and was told from one Singleton That the Protestant Religion was upon it's last Legs and it would become him and all Men of his Coat to hasten betimes home to the Church of Rome Having a strong suspicion some Years before of the apparent growth of Popery to satisfy his Curiosity he pretended some Doubts and at last a Conviction by she Jesuits because he observed them most able to inform him and accordingly was reconciled on Ashwensday 1676 7. Soon after Strange the then Provincial told him his Ordination was invalid and he must become a Lay-man then he desiring to be of their Order the Fathers upon a Consultation at Wild-House admitted him and because his Years were not suitable to be a novice they proposed travelling to him to go beyond-Sea and do their Business This he accepted and accordingly went April 1677 into Spain to Validolid having their Letters of Recommendation where he found Letters come from England before him and dated in May wherein was expressed That the King was dispatched which caused great joy to the Fathers but afterwards Letters dated the latter end of May came to certify their Mistake and to desire the Fathers to stifle the News Some Letters he opened also by the way wherein was an Account of a Disturbance designed in Scotland and of the Hopes they had for carrying on the Catholick Cause in England That in June Letters came thither expressing That Beddingfield was made Confessor to the Duke of York whom they hoped would prevail much with him in order to this Design and that Letters from St. Omers dated the same Month gave account That Father Beddingfield had assured them of the Dukes willingness to comply with them That travelling through this Country he found that Mony had been there raised and sent to England and particularly that the Provincial of the Jesuits of Castile had advanced 10000 l. promised to be paid in June following That upon some Missioners arriving there in December one Mumford alias Armstrong preach'd That the Oaths of Allegiance and Sumpremacy were Antichristian Heretical and Devilish vilifying and abusing the King's Legitimacy saying That his Religion intitled him to nothing but sudden Death and Destruction In November he return'd for England and coming into Strange's Chamber there was Father Keins lying ill upon Strange's Bed and Keins was saying He was mighty sorry for honest William so they called Grove that was to kill the King for missing in his Enterprize They being more zealous for killing the King after he had refused Coleman the
nor indirectly and altho he was a little low at present and his Friends would not look on him yet he hoped God would never leave him so much as to let him swear against innocent Persons and forswear and damn himself Mr. John Yalden a young Barrister of Greys-Inn also affirmed that as he walked with Turbervil in February or March last in Greys-Inn-Walks he heard him say God damn me now there is no Trade good but that of a Discoverer but the Devil take the D. of York Monmouth Plot and all for I know nothing of it Afterwards Yalden being gone words passing between Turbervile and him they both complain'd of one another to the Court The Ld. Stafford then call'd for Oates again objecting against him his swearing before the Council that he saw in Spain Don John of Austria but the Lord Privy-Seal affirm'd that he only then said that he saw one whom he was told was that Person and that he did not know him of himself The Prisoner further objected that none of his Letters nor no Commission was produced that he knew neither Oates nor Fenwick nor ever saw Oates either at Fenwick's or Dr. Perrot's tho Oates instanced in a Circumstance at Dr. Perrot's how he offer'd him half a Crown to call Perrot home to him which he refused saying he was no Porter and that he was not to be look'd on as a credible Witness because he dissembled with God in as much as he deposed that he never was but seemingly a Papist Saying also that but last night he called the Lieutenant of the Tower Jaylor and Rascal which became not a Man of his Coat He charged then Dugdale again that he was a Prisoner for Debt in Stafford when he made his first Affidavit and Dugdale acknowledge'd he was then under the Serjeants hands He objected moreover Oates Poverty and that he said in a former Trial that he was 700 l. out of Purse Whereupon Dr. Oates confess'd his Poverty and offer'd to prove how he had disburss'd so much Mony relating how he had so much given him and got so much by printing some Copies And here the Prisoner ending his Defence the Managers offer'd before they summ'd up the Evidence to produce their Witnesses to fortify their Evidence and to discover what kind of Witnesses have been made use of against it and to falsify what the Prisoner's Witnesses have said in some Particulars And first of all Mr. William Hanson of Wilnal in Staffordshire deposed that he had seen Dugdale alone with the Prisoner in the Lord Aston's Parlour Then Mr. James Ansell of Heywood in Staffordshire deposed also that being of Tixal he saw the Prisoner and Dugdale walking alone together in the Court and that after the Plot was discovered that Dugdale was fearful of coming into Company That also he and Mr. Hanson was at Eld's the Ale-house Oct. 14. on Monday Morning and heard Mr. Dugdale tell of the Murther of a Justice of Peace of Westminster in the presence of Mr. Phillips and Mr. Sambidg who before have denied it and Hanson being called again deposed the same Mr. Birch also deposed that it was all about those parts by Tuesday and Wednesday Octob. 15 and 16. that a Justice of Peace of Middlesex was killed John Turton Esq deposed that he was told of the Rumor on Tuesday Octob. 15. and that it was Sir Edm. Godfrey that was murthered and as it was supposed by the Papists Then against the Testimony of William Robinson Mr. Booth a Member of the House of Commons deposed that he heard him in Cheshire talk the most atheistically as ever he heard any Man in his Life ridiculing the Sabbath it being on a Sunday and that from others he had heard how he went about the Country to cheat The Earl of Macclesfield deposed much to the same purpose and that he had heard him confess himself a Rogue and false Dice were found about him being before a Justice of Peace Against Samuel Holt another of the Prisoner's Witnesses Sampson Rawlins deposed that he was a Man of a very ill Report where he lived a lewd drunken Fellow and said to keep another Man's Wife and that he said none but Rogues would take Mr. Dugdale's part and be cause the Witness did so he would have murder'd him and that he broke the Lord Aston's Wine-Celler and my Lord bid Mr. Dugdale send him to Goal but he begg'd him his Pardon that he had known Mr. Dugdale this 14 or 15 Years in good Repute and an honest Man Thomas Launder deposed much to the same purpose against Holt adding that he was by a Consult of them at Tixal proffer'd Mony to have sworn Anselm a perjured Rogue at the Lord Aston's Trial. Against John Morrall Thomas Thorne deposed that he was a poor needy Fellow that wandred about the Country and but of an indifferent Reputation Then Simon VVright deposed that one Plessington had proffer'd him 700 l. to own himself perjured at Mrs. Price's Trial and to swear that Dugdale would have given him Money to swear against Sir James Simons and Mr. Gerard and they made him write Letters to this purpose this Plessington was the Lord Bellasis's Steward Then Elizabeth Eld deposed that she and her Sister help'd to burn Mr. Dugdale's Papers that Morning he went away from the Lord Aston's and one little Book he said had no Treason in it and needed not therefore to be burnt Why said the Witness is there Treason in any of the other Papers to which he only answered Do you think there is Ann Eld her Sister deposed also the very same things Then one Mr. Michael Noble deposed that he had help'd him to make up his Accounts and been with Mr. Dugdale at the Tower to account with the Lord Aston twice and one time the Lord Aston would not be spoke with and another time they spake with him with great difficulty but he would not produce the Book wherein Mr. Dugdale said the Discharges were Then Mr. Stephen Colledge deposed he was with Mr. Dugdale at the Tower when he went to make up his Accounts with him but they could not be admitted and that then he heard one of the Lord Aston's Men say that Mr. Dugdale was as honest a Gentleman as ever lived in their Family Then Mr. Nich. Boson who was with Mr. Dugdale at the same time with Mr. Noble and Mr. Colledge deposed to the same purpose Then for the Vindication of Dugdale's Credit Thomas Whitby Esq deposed that he had known Mr. Dugdale nine or ten Years in the Ld. Aston's Service and that he was his Steward and all the Servants under him and was entrusted with all his Estate and counted faithful to his Master's Interest only he hath heard some Tradesmen say that he hath put them off without Mony Then Mr. William Southall a Coroner of Staffordshire was sworn who testified to the Reputation of Dugdale having known him eight Years and gave a large account of his first Discovery of the
endeavours to have over-ruled without so much as hearing the Prisoners Counsel for the maintaining it for that they said it was nought because it produced no Record of his Impeachment and did not specify what the High-Treason was for which he was Impeached and that the King had Power to proceed on an Impeachment or Indictment for the same thing at his Election Nevertheless the Attorny General demurred and the Prisoner joined in the Demurrer And then after much arguing a Day was given to argue the Plea till Saturday May. 7. At which time the Attorny General added to the Exceptions he took to the Plea Whether a Suit in a Superior Court can take away the Jurisdiction of the Cause of the Person and of the Fact at the time of the Fact committed To maintain the Plea Mr. VVilliams of Counsel for the Prisoner in a very long and learned Discourse first spoke stating the Prisoner's Case upon the Indictment the Plea to the Indictment and the Demurrer to the Plea Alledging the Difference of an Impeachment from an Indictment and offering some Reasons why this Court ought not to proceed upon this Indictment Then answering distinctly Mr. Attorney's Exceptions to the Plea producing some Presidents of this Courts Prosecution being stop'd by Pleas to the Jurisdiction shewing what had been done upon those Pleas What Doom they had Laying before the Court the Right of the Commons to Impeach in Parliament the Judicature of the Lords to determine that Impeachment and the Method and Proceedings of Parliament submitting it to them how far they would lay their Hands on this Case thus circumstantiated Here the Ld. Ch. Justice declared That all these Things were quite foreign to the Case and the Matter in Hand only was Whether this Plea as thus pleaded was sufficient to protect the Prisoner from being questioned in this Court for the Treasonable Matter in the Indictment before them To which Mr. VVilliams reply'd That 't was an hard matter for the Bar to answer the Bench. After which Sir Francis Winnington pleaded That he conceived that it was confessed by the Demurrer that there is an Impeachment by the Commons of England of High-Treason against Fitz-Harris lodged in the House of Lords Secundum Legem consuetudinem Parliamenti And that the Treason for which he was impeached is the same Treason contained in the Indictment So that now the general Question was Whether an Impeachment for Treason by the House of Commons and still depending were a sufficient Matter to oust the Court from proceeding upon an Indictment for the same Offence Which he learnedly endeavoured to make good by several Reasons as well as Presidents Mr. Wallop pleaded next on the same side whose Province was to prove That the Treason in the Impeachment and in the Indictment was the same and that this was well averred in the Plea Mr. Pollexfen pleaded That a general Impeachment in Parliament was a good Impeachment and the Judges had declared so to the King and Council concerning the five Popish Lords who could not therefore be tried upon Indictments so long as general Impeachments were depending for the same Treason and that therefore this Plea was good both as to Matter and Form c. In reply to vitiate the Plea it was insisted on by Mr. Attorn Gen. Mr. Sol. Gen. Serj. Jefferies and Sir Francis VVithens of Counsel for the King that the Plea concluded not in the usual Form That perhaps this Matter if the Prisoner had been acquitted upon the Impeachment might have been pleaded in Bar to the Indictment but it was not pleadable to the Jurisdiction of the Court That in the Case of the five Lords the Indictments were removed into the House of Lords and that the Judges Opinion given at the Council-Board was not a Judicial Opinion nor did any way affect this Cause After which the Ld. Ch. Justice thought fit not to give present Judgment but to take time for Deliberation Whereupon the Prisoner was carried back to the Tower And on Tuesday May 10. Mr. Attorney moved the Court to appoint a Day for their Judgment on the Plea and for Fitz-Harris to be brought up which they appointed to be the next Morning Accordingly on Wednesday Morning May 11. the Prisoner being brought to the Bar the Ld. Ch. Justice deliver'd the Opinion of the Court upon Conference had with other Judges That his Brother Jones his Brother Raymond and himself were of Opinion that the Plea was insufficient his Brother Dolben not being resolved but doubting concerning it and therefore awarded the Prisoner should plead to the Indictment which he did Not Guilty and his Trial ordered to be the next Term. The Trial of Edward Fitz-Harris at the King's-Bench Bar at Westminster before the Lord Chief Justice Pemberton on Thursday June 9. 1681. THE Prisoner then and there appearing after several Challenges made for the King the Jury sworn were Thomas Johnson Lucy Knightly Edward Wilford Alexander Hosey Martin James John Viner William Withers William Cleave Thomas Goffe Ralph Farr Samuel Freebody John Lockier To whom the Indictment was read which was for High-Treason in conspiring the Death of the King and subversion of the Government the which Mr. Heath Serj. Maynard and Mr. Attorn Gen. opened And then Mr. Everard deposed How the Prisoner was with him on Monday Feb. 21. 1681. having a little before been with him to renew the Acquaintance which had been between them while they were both in the French King's Service and to perswade him to re-ingratiate himself into the French and Popish Interest and gave him by word of Mouth Heads to write a Pamphlet to scandalize the King raise Rebellion alienate the Hearts of the People and set them together by the Ears Whereupon he acquainted one Mr. Savile of Lincolns-Inn Mr. Crown Mr. Smith and Sir William Waller with it And the next day Mr. Fitz-Harris coming again to his Chamber in Grays-Inn he convey'd Mr. Smith into a Closet Sir William Waller failing to come where he both saw and heard the Prisoner ask him What he had done as to the Libel and give him further Instructions about what to write viz. That the King was Popishly Affected and Arbitrarily Inclined That King Charles the First had an Hand in the Irish Rebellion and King Charles the Second did countenance the same c. That the People should therefore be stirred up to rebel especially the City c. That the Day after he coming again he had convey'd Sir William Waller into the next Room where he also might both hear and see shewing him to Copies of what he had drawn up which he marked that he might know them again and see what alteration would be made That Fitz-Harris did them read one of the Copies and amended it adding some things and striking out other things saying The Libel was to be presented to the French Ambassador's Confessor and he was to present it to the French Ambassador and that it was to beget a
Difference here while the French should gain Flanders and then they would make no Bones of England and that therefore the more Treasonable it was the better it would do the Effect For which Libel the Witness was to have 40 Guinies and a monthly Pension of some thousand of Crowns and that he should be brought into the Cabal where several Protestants and Parliament-Men came to give an Account to the Ambassador how things were transacted Giving him half a Sheet written by himself of further Instructions among which one was That it was in the Peoples Power to depose a Popish Possessor as it was to oppose a Popish Successor That this Libel was to be drawn in the Name of the Nonconformists and put upon them which the Prisoner told him they would disperse they knew how Then Mr. Smith being sworn gave an Account at large how he was convey'd by Mr. Everard into the Closet and of what he saw and heard as Mr. Everard had deposed Sir William Waller also deposed what he had seen and heard as was before deposed by Mr. Everard adding that he made a Report hereof to the House of Commons and communicated the Paper to them who immediately proceeded to the Impeachment which was for the same Treasons mentioned in this Indictment Then the Paper was produced in Court with Fitz-Harris's Amendments And the whole Libel was read over and Mr. Bridgman and Sir Philip Lloyd swore That Fitz-Harris owned his Hand-writing before the Lords in Council The Passages inserted in the Indictment were these The Title was The true English Man speaking plain English In the Book was as followeth If James be conscious and guilty Charles is so too believe me both these are Brethren in Iniquity they are in confederacy with Pope and French to introduce Popery and Arbitrary Government as their Actions demonstrate The Parliaments Magna Charta and Liberty of the Subject are as heavy Yokes they 'd as willingly cast off for to make themselves as absolute as their Brother of France And if this can be prayed to be their Aim and main Endeavour why should not every true Britain be a Quaker thus far and let the English Spirit be up and move us all as one Man to Self-defence Nay and if need be to open Action and fling off these intolerable Riders And in another place it is said J. and C. both Brethren in Iniquity corrupt both in Root and Branch as you have seen they study but to enslave you to Romish and French-like Yoke Is it not plain Have you not Eyes Sense or Feeling Where is that old English noble Spirit Are you become French Asses to suffer any Load to be laid upon you And if you can get no Remedy from this next Parliament as certainly you will not and that the K. repents not complies not with their Advice then up all as one Man O brave English Men Look to your own Defence e'reit be too late rouse up your Spirits And in another place thus I will only add That as it is the undoubted Right of Parliaments to make a Law against a Popish Successor who would prove destructive to our Laws and Liberties so it is their undoubted Right to dethrone any Possessor that follows Evil Counsellors to the destruction of our Government In another place thus Then let all be ready then let the City of London stand by the Parliament with offers of any Mony for the maintaining of their Liberties and Religion in any extream Way if Parliamentary Courses be not complied with by the King The Prisoner in his own defence to all this called several Witnesses Dr. Oates said Mr. Everard told him the Libel was to be printed and to be sent about by the Penny Post to the Protesting Lords and Leading Men of the House of Commons who were to be taken up as soon as they had it and searched and to have it found about them He said the Court had a hand in it and the King had give Fitz-Harris Mony for it already and would give him more if it had success Mr. Sheriff Cornish said when he came from Newgate to the King to give him an Account in what disposition he found the Prisoner to make a Discovery the King said He had had him often before him and his Secretaries and could make nothing of what he did discover that he had for near three Months acquainted the King he was in pursuit of a Plot relating much to his Person and Government and that in as much as he made protestations of Zeal for his Service he did countenance and give him some Mony and that he came to him three Months before he appeared at the Council Table Coll. Mansel said That Sir William Waller gave him an Account of this Business in the presence of Mr. Hunt and others at the Dog-Tavern and said that when he had acquainted the King with it the King said He had done him the greatest piece of Service that ever he had done him in his Life and gave him a great many Thanks But he was no sooner gone but two Gentlemen told him that the King said He had broken all his Measures and the King would have him taken off one way or other and said Sir William Waller said the Design was against the Protestant Lords and the Protestant Party Mr. Hunt then confirmed the fame thing and added that Sir W. Waller said The Design was to contrive those Papers into the Hands of the People and make them Evidences of Rebellion Mr. Sheriff Bethel said That Everard before ever he had seen his Face or heard him speak a word had put in an Information of Treason against him at the instigation of his Mortal Enemy which was so groundless that though it was three Years before yet he never heard a word of it till last Friday Mrs. Wall after much shifting only could be squeez'd to say that Fitz-Harris had 250 l. 200 l. or 150 l. for bringing in the Lord Howard of Escrick adding That he was look'd upon to be a Roman Catholick and upon that account it was said to be dangerous to let him to near the King that he was never admitted to him The Lord Howard then related how the Prisoner was imployed to introduce him to the Dutchess of Portsmouth where he met with the King and that he interceded for the Prisoner with her The Lord Arran said That he and Fitz-Harris dined together the Day he was apprehended and that he pulled out Papers but he refused to read them That he ever thought him of the best and loyallest Principles of any of his Religion Mr. Secretary Jenkins said He could not remember the King had ever employed him The Lord Conway said that the King had declared in Council that Fitz-Harris had been employed by him in some trifling Business and that he had got Mony of him but added as of his own Knowledg that the King never spoke with him till after he was taken which was Feb. 28.
he should be call'd to an Account for all his Actions for all the World might see that he did resolve to bring in Arbitrary Power and Popery and that unless he would let the Parliament sit at Oxford since he had called them together and put the People to Charges in chusing them and them in coming down he should be seiz'd at Oxford and brought to the Block as was the Logger-head his Father That the Parliament should sit at Guild-hall and adjust the Grievances of the Subject and of the Nation and that no King of his Race should ever Reign in England after him And unless the King did expel from his Council the Earl of Clarendon cunning Lory Hide the Earl of Hallifax that great turn-coat Rogue that was before so much against the Papists a Rascal whom we should see hang'd and all the Tory Counsellors England should be too hot for him That for this End there was in the City 1500 Barrels of Powder and 100000 Men ready at an hour's warning and that every thing was ordered in a due Method against the sitting of the Parliament at Oxford And that he should see England the most glorious Nation in the World when they had cut off that beastly Fellow Rowley who came of the Race of Buggerers for his Grand-father King James buggered the old Duke of Buckingham Railing then at Judg Pemberton saying Let him try Fitz-Harris if he dare I shall see him go to Tyburn for it I hope a turn-coat Rogue That he was for the Plot whilst he was puisne Judg but now he was Chief Justice he was the greatest Rogue in the World even like one of the Pensioners in the Long Parliament That the Prisoner would moreover have put this Informant upon charging the King With the firing of London and the Murder of Sir Edmondbury Godfry telling him that such and suck Lords should live and die by him and that he needed not to fear but that England should espouse his Cause And discoursing then of the Libel of Fitz-Harris The Devil take me said Colledge every individual Word is as true as God is in Heaven and that if the Informant did not join with Fitz-Harris in his Evidence and charge the King home he was the basest Fellow in the World because he made them Slaves and Beggars and would make all the World so and that it was a kind of Charity to charge him home that we might be rid of such a Tyrant He depos'd further That he also receiv'd a blew Ribbond from Mr. Colledge whom meeting after he came from Oxford he asked Where now were all his Cracks and Braggs for that the King had fool'd them who answered That they had not done with the King yet though they could do nothing then for that no Servant no Man living did know whether he would dissolve the Parliament that Day That he was that very nick of Time at the Lobby of the Lords House and there was a Man came in with a Gown under his Arm and every one looked upon him to be a Tailor and no Body did suspect no not his own intimate Friends except it were Fitz-Gerald that he would Dissolve the Parliament that Day But presently he put on his Robes and sent away for the House of Commons and when he had dissolved them before ever the House could get down he took Coach and went away otherwise that the Parliament had been too hard for him for that there was never a Parliament-Man but had divers armed Men to wait on him and that he had his Blunderbuss and his Man to wait upon him The next Witness against Mr. Colledge was Mr. Turbervile who being sworn deposed That when the Parliament sat in Oxford about the middle of the Week he dined with Mr. Colledge Capt. Brown and Don Lewis Clerk of Derby-House at the Chequer-Inn in Oxford After Dinner Don Lewis went out about some Business and Capt. Brown went to sleep and Mr. Colledge and he fell a talking of the Times and he was observing he thought the Parliament was not a long-liv'd Parliament Whereupon Mr. Colledge answered That there was no Good to be expected from the King for he and all his Family were Papists and had ever been such Then said Turbervile the King will offer something or other by way of surprize to the Parliament Said Colledge I would he would begin but if he do not we will begin with him and seize him for there are several brave Fellows about this Town that will secure him till we have those Terms that we expect from him adding That he had got a Case of Pistols and a very good Sword and a Velvet Cap Giving Turbervile a piece of blew Ribbond to put in his Hat to be a distinction if there should be any disturbance Then Mr. Masters was sworn who deposed That he and Colledge had been long acquainted And that a little before the Parliament at Oxford about Christmass after the Parliament at Westminster at Mr. Charlton's Shop the Wollen-Draper in Paul's Church-Yard discoursing with him about the Government he was justifying of the late Long-Parliament's Actions in Forty He said That that Parliament was as good a Parliament as ever was chosen in the Nation and that they did nothing but what they had just cause for and that the Parliament that sat last at Westminster was of their Opinion and so he should have seen it And that another time he calling him in a jocose way Colonel Colledge bid him mock not for he might be one in a little time Then Sir William Jennings being sworn deposed That Colledge gave him one time a Picture and another time he saw him bring into a Coffee-House a parcel of blew Ribbond with No Popery No Slavery wrought in it and sold a Yard of it there to a Parliament-Man as he took him to be for 2 s. who tied it upon his Sword And that on that very Day the Parliament was Dissolved at Oxford he came to him standing in the School-House-yard telling him Mr. Fitz-Gerald had spit in his Face and that he spit in his Face again and that so they went to Logerheads together and that upon Sir William's telling him his Nose bled he said I have lost the first blood in the Cause but it will not be long before more be lost The Evidence for the King here ending Mr. Serj. Holloway briefly explained to the Jury that the seizing the Person of the King was in Law a compassing and intending his Death as it was worded in the Indictment which therefore they ought so to understand Then Mr. Colledge desired to be resolved these Questions upon the Evidence which he had heard 1. Whether any Conspiracy for which his Indictment was had been herein proved 2. Whether there ought not to be two Witnesses distinct to swear words at one and the same time And 3. Whether any Act of Treason done at London shall be given in Evidence to prove the Treason for which he was now
should be any Disturbance for they valued their Riches more than their Cause And at Oxford that he heard my Lord say again He wondred the People of England should stickle so much about Religion if he were to choose a Religion he would have one that should comply with what was apt to carry on their Cause Mr. John Smith deposed That he had often both in publick and private heard the Lord Shaftsbury speak very irreverently and slightly of the King saying He was a weak Man an inconstant Man of no firm or settled Resolution easily led by the Nose as his Father was before him by a Popish Queen which was the Ruin of his Father And that the King should declare That the Earl of Shaftsbury was not satisfied to be an ill Man himself but got over the E. of Essex too And that he was the chief promoter of the Rebellion in Scotland which when it was told him that he should send back word to the King That he was glad that the King saw not his own Danger But if he were to raise a Rebellion he could raise another-guess Rebellion than was that in Scotland One time particularly being sent for to the Lord Shaftsburies expressing his jealousy of the Irish Witnesses being drawn over to the Court-Party and retracting what they had said he order'd him to persuade them from going nigh that Rogue Fitz-Gerald maintain'd by the King and Court-Party to stifle the Plot in Ireland Saying also That when he was in the Tower he told some he saw Popery coming in and that it was hard to prevent it And that if the King were not as well satisfied with the coming in of Popery as ever the D. of York was the D. would not be so much concern'd about it as he was Afterwards having executed my Lord's Order one Mr. Bernard Dennis gave in an Information before Sir Patience Ward Lord-Mayor against Fitz-Gerald that he had tamper'd with him to forswear all he had sworn before the Copy of which Information he brought to the Lord Shaftsbury who when he had read it was very well pleased with it and said Mr. Smith don't you see the Villany of that Man and that factious Party and that the King runs the same steps as his Father did before him for that nothing of this Nature could otherwise be done I says he these are the very Steps that his Father followed when he was led by his Popish Queen and the poor Man doth not see his Danger Another time before the Parliament went to Oxford in discourse my Lord was saying to him That there was great Preparations made and a great many gathered together upon the Road between London and Oxford which he said was to terrify the Parliament to comply with the King's Desire which he was sure they never would for that the King aimed to bring in Popery But said he we have this Advantage of him if he offer any Violence to us for we expect it that we have the Nation for us and we may lawfully oppose him for it has been done in former Times and he will meet with a very strong Opposition for all that come out of the Country shall be well Hors'd and well Arm'd and so we shall be all and as old as he was that he would be one that would oppose to his Power and die before he would ever bring in Popery or any thing of that Nature Then Mr. Brian Haines deposed That he had often heard the Lord Shaftsbury vilify the King And that he and Mr. Ivey going to him one day about the Narrative he made of Sir Edmondbury Godfrey's Death he desired him not to expose his Person to the King's Anger because he was sure he would never grant a Pardon to any Man that impeached the Earl of Danby Says he Do not fear if he does not grant you a Pardon he makes himself the Author of the Plot and says he the Earl of Essex the Lord Maxfield and I we do all resolve if you 'l put in a Writing we will go to the King and beg a Pardon of him for you which if he does not grant we will raise the whole Kingdom against him for he must not expect to live peaceably in his Throne it he doth not grant it and this is the best Pretence we can have in the World we are prepar'd to raise Arms against him And after having heard a Pardon could not be had being begg'd for by the two Mr. Godfries he praying my Lord for a little Mony to help him to go beyond-Sea because he was sure he could not be safe in England My Lord told him the King durst as well be hang'd as meddle with him And one Day he being in Conference and giving my Lord an exact Account of Transactions having been a Traveller he asked my Lord What Model of Government was designed if they pulled the King down Says he Do you think there are no Families in England that have as much pretence to the Crown as any of the Stewarts Says he There is the Duke of Bucks that is descended of the Family of the Plantagenets one of the Edwards by his Mother and in her Right he should have the Barony of Ross and has as good a Title to the Crown of England as ever any Stewart had Then John Macnamarra being sworn deposed That he being with the Lord Shaftsbury after his return from the Parliament at Oxford concerning some Provision for the Witnesses he heard him express himself That the King was Popishly Affected and did adhere to Popery taking the same Methods that his Father before him took which brought his Father's Head to the Block and that they would also bring his thither and that he had told some Persons of Quality that this would fall out five Years before And at the same time that he said the King was a Faithless Man and no Credit was to be given to him and that the Dutchess of Mazarine was of his Cabinet-Council who was the worst Woman-kind And that he deserved to be deposed as much as ever King Richard the Second did Then Dennis Macnamarra deposed That he also heard the Lord Shaftsbury say in March or April in his own House Mr. Ivey being present That the King was not to be believe there was no Belief in him and he ought to be deposed as well a King Richard the Second and that the Dutchess of Mazarine was of his Cabinet-Council and he nothing but by her Consent Then Mr. Edward Ivey deposed That being at my Lord's House soon after the Parliament was dissolved at Oxford he heard him speak against the King saying He was an unjust Man and unfit to Reign and he wondred her did not take Example by his Father before him and that he was a Papist in his Heart and intended to introduce Popery And afterwards being with him with Hains he bid Hains to put what he had to say about the Death of Sir Edmondbury Godfrey into writing
next Design was to be on Novemb. the 17th but the Country not being then in a readiness the Earl of Shaftsbury upon hearing it went away for Holland That after this they all began to lie under a sense that they had gone so far and communicated it to so many that it was unsafe to make a Retreat And for the carrying it on thought it necessary there should be some General Council that should take upon them the care of the whole Whereupon they erected the Council of six which consisted of the Duke of Monmouth Earl of Essex Lord Russel Mr. Hambden jun. Col. Sidney and himself That these met at Mr. Hambden's House about the middle of January last and there the Particulars offer'd to their Consideration whereto they were to bring their Advice were Whether the Insurrection were most proper to be begun in London or in the Country or both in an Instant What Countries and Towns were fittest and most dispos'd to Action What Arms were necessary to be got and how to be disposed How to raise a Common Bank of 25 or 30000 l. to answer all Occasions And lastly How to draw Scotland to consent with them it being thought necessary that all Diversion should be given That about ten Days after the same Persons met again at the Lord Russel's where it was resolv'd to send into Scotland to invite some Persons hither who could give the best accompt of the State thereof viz. Sir John Cockram the Lord Melvil and Sir Hugh Campbel and that in Discourse it was referr'd to Col. Sidney to take care of that Business who afterwards told him he had sent Aaron Smith and given him 60 Guinies for his Journey That to avoid Observation they concluded not to meet till the return of this Messenger and he going in the mean time to his Estate in Essex and thence to the Bath he knew nothing more only when he came back he was informed Smith was come back and Sir John Cockram with him That he was sure the Lord Russel was present at these Meetings and to his understanding did consent though nothing was put to the Vote And he wished he could say the Lord Russel was not there To this the Prisoner insisted that most he had said was only hearsay and the two times they met was not upon any formed Design but to talk of News and they were delighted to hear the Lord Howard talk being full of Discourse of a voluble Tongue and talk'd well And that he never saw any of the Scotch Gentlemen only the Lord Melvil but never upon this Account Here the Attorny General urged that Aaron Smith did go into Scotland and that Campbel he went for was taken which Mr. Atterbury swore that he was then in his Custody and that he had been by his own Confession four days in London before he was took Then Mr. West deposed That he never had any Conversation with the Prisoner only he had heard Mr. Ferguson and Col. Rumsey say that the Lord Russel in the Insurrection in November intended to take his Post in the West where Mr. Trenchard had failed them and that they most depended upon him because he was looked upon as a Person of great Sobriety But this being all but Hear-say the Court would not admit it as Evidence The King's Counsel therefore left the Evidence here and call'd on the Prisoner to make his Defence who to all this made Answer That he could not but think himself mighty unfortunate to stand there charg'd with so high a Crime and that intermixed with the horrid Practices and Speeches of other People the King's Counsel taking all Advantages and improving and heightning things against him That he was no Lawyer an unready Speaker and not so well prepared as he should be c. That he thought his Jury were Men of Consciences and would consider that the Witnesses against him swore to save their own Lives Neither was what Col. Rumsey swore enough to take away his Life or if it were the Time was elapsed by the 13th of this King which limits Prosecution to six Months Neither was a design of Levying War Treason unless it appeared by some Overt-Act as appears by the 25th of Edw. 3d. And then desiring to know upon what Statute he was indicted it was told him upon the 25th of Edw. the 3d. Whereupon he desired Counsel upon these two Points as Matter of Law Whether the Treason were duly proved and if it were Whether it were punishable by the Statute In Answer to which the Court inform'd him That if he were contented that the Fact should be taken as proved against him and desired Counsel upon what was bare Matter of Law he should have it granted but there could be no Matter of Law admitted but upon a Fact admitted and stated And whereas he insisted that the Business at Mr. Shepherd's House was sworn to only by one Witness It was answered that if there were one Witness of one Act of Treason another of a 2d and another of a 3d that manifested the same Treason it was sufficient The Statute then of 25th of Edw. 3d. c. 2. was read And then the Prisoner insisted that he was never but at one Meetings at Mr. Shepherd's and Col. Rumsey was there before he came in but Rumsey said No the Duke of Monmouth and the Lord Russel went away together Then in behalf of the Prisoner the Earl of Anglesey declared That visiting the Earl of Bedford last week the Lord Howard came in and told the Earl of Bedford that his Son could not be in such a Plot or suspected of it and that he knew nothing against the Lord Russel or any Body else of such a Barbarous Design And then going on to tell what the Lady Chaworth had told him the King's Counsel interrupted him telling him as the Court would not permit them to give Hear-say-Evidence against the Prisoner so they must not permit his Lordship to do it for the Prisoner Mr. Edward Howard declared That the Lord Howard took it upon his Honour and his Faith he knew nothing of any Person concerned in that Business and noâ— only thought the Lord Russel unjustly suffered but he took God and Man to Witness he thought the Lord Russel the Worthiest Man in the World Dr. Burnet declared The Lord Russel was with him the Night after the Plot broke out and did then as he had done before with Hands and Eyes lifted up to Heaven protest that he knew nothing of any Plot nor believ'd any and treated it with great Scorn and Contempt The Lord Cavendish testified to the Prudence and Honour of the Lord Russel and how unlikely it was for him to be concern'd and had heard him declare his ill Opinion of Rumsey two or three Days after the Discovery and therefore that it was unlikely he would entrust him with such a Secret Dr. Thomas Cox and Dr. Burnet again testified as to his Life and Conversation and of his aversness to
him he owned that was the Paper and his Hand but swore it was false and that he saw no Razor Whereupon the Ld. Ch. Justice cried out What a Dust has such a trivial Report made in the World Admit that the Boy had said any such thing What an Age do we live in that the Report of every Child should blow us up after this rate It would make a Body tremble to think what a sort of People we live among To what an Heat does Zeal transport some People beyond all Reason and Sobriety If such a little Boy had said so 't was not an half-penny matter but presently all the Government is to be Libell'd for a Boy which whether he speak true or false is of no great weight and he swears 't is all false Then Thomas Hawkins the Son of Dr. Howkins of the Tower being sworn deposed That he saw VVilliam Edwards in the Tower July 13. and went with him round the Tower looking upon the King while he was walking who going into the Constable's House they went with other Boys to play and afterwards he went Home and then soon after the Rumour of the Earl of Essex's Death coming he with his Father stood before the Window and Edwards came to him and there they stood looking up for an hour or two at the least and then they went out of the Tower together and that he was sure there was no such thing as a Razor thrown out of the Window Upon this the Attorn General said to the Ld. Ch. Justice That his Lordship saw what a fine Case this was and how all this Noise and Bustle has come to be made in the World That the Rumor first did arise in a Fanatick Family and was propagated by that Party Ay said Mr. Jones 't is easily known whence it came Mr. Blathwait was then sworn who informed the Court That on July the 20th Mr. Braddon brought this Edwards to White-hall where the Boy denied before the King that the Matter contained in the Information was true and said it was only a Lie he invented to excuse himself for having play'd Truant that day After this that Mr. Braddon did nevertheless pursue this Business He attested also Mr. Speke's Letter and that he owned before the King and Council Then Mr. Mon-Stevens deposed That about five or six days after the Earl of Essex had murdered himself he saw Mr. Braddon with a young Man and a Boy at the Lord Sunderland's Lodgings and that he told him he came from Sir Henry Capel who not being well could not come himself with an Information relating to the Earl of Essex's Death The Information he gave him to read and then went with him to the Lord Sunderland who took the Information and afterwards Mr. Braddon was committed in Custody and the thing was brought before the Lords of the Council Then Sir Henry Capel was called to know if he employed Mr. Braddon in this Business who deposed That he knew very little of Mr. Braddon but that he had been with him twice and speaking to him of this Business he desired him to acquaint the Secretary of State with whatever he had to say of it to which he seemed very willing Then one Mr. Beech deposed That he was present when Mr. Braddon was apprehended in Wiltshire and several Papers found upon him Copies whereof he deliver'd into the Court and upon Examination committed to the County Goal and from thence removed by Habeas Corpus hither up to London That he then told them his Business was to enquire after the Earl of Essex's Murder and that one Mr. Burgis of Marleborough had writ him a Letter that one Compton Post-Master at Frome could inform him that the News was at Frome that very day the Murder was committed But the Witness said he had been with this Compton who denied it and told him they had no News of it till Sunday following And the Lord of Waymouth who lives near Frome told him that he had an account of it on the Sunday and he believed that was one of the first Letters of it that was in the Country Then the Papers were read in Court which were found about Mr. Braddon at his Apprehension The first was a Letter subscribed Hugh Speke and dated London Lincolns-Inn Aug. 15. 1683. Wednesday Night 10 a Clock and directed For the ever Honoured Sir Robert Atkins Knight of the Bath at his House at Netherswell near Stow on the Old in Gloucester-shire Which because it was the only thing that engaged Mr. Speke in this Trouble the Reader is presented with a Copy of it intire and not abridg'd Honoured Sir THe Bearer hereof is one Mr. Braddon a very honest Gentleman whose Father has at least 800 l. per Ann. in Cornwall It seems it is his Fate to be the only Person that follows and prosecutes the Murder of the Earl of Essex and he has made a very considerale discovery already of it notwithstanding the hard Stream he rows against as things stand and are carried on at present But indeed I thinks it could never have fallen on so fit a Man for he has been a very hard Student and is a Person of a very good Reputation Life and Conversation and has a great deal of Prudence and has as much Courage as any one living whatsoever He went away on a sudden hence Post towards Marleborough to make some further Discovery and what he has discovered he will give you full account of and of all the Transactions hitherto about it I lent him my Man to go with him for fear he should come to any Mischief for most here fear that he will be either stabb'd or knock'd on the Head if he do not take great care of himself And seeing he came into these parts I thought it not amiss to go and advise with you how he had best to proceed in it and I did charge him not to let any Body know who he was that it might not be known that he had been with you For I would not for the whole World that you should come to any prejudice in the least for your kindness towards us For we labour under many Difficulties as the Tide runs at present Pray call Mr. Braddon by the Name of Johnson when he is with you I have given him the same Item We hope to bring on the Earl of Essex's Murder on the Stage before they can bring any of those in the Tower to a Trial. He being in great haste I have not time to write more but to assure you that Mr. Braddon is a Person of that Integrity and Courage that no Body needs fear to trust him I was very willing that he should take your Advice in this Case which is of so great a moment seeing he came within 20 or 30 Miles or thereabouts of your House He will give you a full and clear Relation of every thing in that Affair and how hard they have been upon him Sir Henry
Then Mr. Spekes Servant was sworn who related the surprize of his sudden Journey but that Mr. Braddon having got another to go with him he came back to his Master again Then the Ld. Ch. Justice asked the Defandants what they had more to say Mr. Braddon refused to say any thing Mr. Speke urged his Innocency of conspiring with Mr. Braddon that his being concerned was but accidental and a surprize to him and that what he did was neither designedly nor with any ill Design Then Mr. Braddon desired the Jury to take notice that there had been nothing proved of evil Practices used by him to perswade these Witnesses to testify a Falshood and desired them to take no ether notice of any thing that had been or should be spoken but what had been proved Then the Ld. Ch. Justice summ'd up the Evidence representing the Crime very odiously as carrying all the Venom and Baseness the greatest Inveteracy against the Government that ever any Case did that he ever met with Insinuating That because the King and the Duke were walking in the Tower that day and near that time when this unfortunate thing happened now it must be whispered as tho the King and the Duke had designed this Murder And that there was Digitus Dei in this Accident and it was enough to satisfy all the World of the Conspiracy c. After he had finish'd his long Speech full of such-like Expressions the Court arose and the Jury afterwards gave in a private Verdict which the next Morning was repeated in Court and recorded And by that Verdict they found Mr. Braddon Guilty of the whole Matter charged upon him in the Information and Mr. Speke Guilty of all but the Conspiracy to procure false Witnesses and of that they found him Not Guilty And on Monday April 21. 1684. the Defendants being brought to the Bar their Counsel moved in Arrest of Judgment but Judgment being recorded it was too late and not admitted though it was before by consent agreed for the Defendants this day to move Then after Mr. Justice Withens and the Ld. Ch. Justice had severely upbraided Mr. Braddon's Impudence because he shewed no sorrow but still protested his Innocency and having consulted about the Sentence Mr. Justice Withens pronounced it first aggravating Mr. Braddon's Crime as if he had endeavoured to make the King concern'd in the Murder and would insinuate a Sham-Plot to take away Innocent Protestant Lives telling the Court for this Offence set upon Mr. Braddon the Fine of 2000 l. and order that he find Sureties for his good Behaviour during Life and that he be committed till this be performed And for Mr. Speke whom they had considered not so Guilty they thought fit to set upon him the Fine of 1000 l. and that he find Sureties for his good Behaviour during his Life and be committed till he perform it After which they were carried away to the King's-Bench The Trial of Sir Samuel Bernardiston Bar. before the Lord Chief Justice Jefferies at Guild-Hall London on Thursday Feb. 14. 1683. THen and there the Defendant appeared for his Trial upon an Information preferred against him in Hillary Term last for a High Misdemeanour in Scandalizing and Vilifying the Evidence in the late Plot in several Letters c. To which he had pleaded Not Guilty And the Jury now sworn were Thomas Vernon Percival Gilburn Edward Bovery William Withers James Wood. Robert Masters Samuel Newton George Torriano Kenelm Smith Thomas Goddard Thomas Amy. Richard Blackburn To whom the Information being read Mr. Poultney Mr. Recorder and Mr. Herbert being of Counsel for the King in this Cause opened the same And then to prove him the Author Mr. Blathwayt was sworn who deposed That Sir Samuel Bernardiston upon Decemb. 10. last did before the King and Council own three of the Letters there in Court to be of his own hand-writing Nor did he deny but that he had publish'd and sent them Mr. Atterbury deposed That he also heard him then own three of the Letters to be written by him and that they were superscribed by one of his Servants and so ordered to be sent to the Post-house And that while he was in his house he heard him say he wondered how they were taken since they were sent to Sir Philip Skippon Then Nehemiah Osland deposed that he superscibed two of them Letters by Sir Samuel's Order as his Servant and that he wrote one of the four out of a Copy given him by his Master and writ by him to go into the Countrey and then as was usual left them in a Window to be carried to the Post-house Then the four Letters were read the first was that transcribed by Osland directed to Sir Philip Skippon Kt. at Ipswich and dated Novemb. the 29 1683. Sir The Return of the D. of Monmouth to White-hall and his being received into extraordinary favour of his Majesty hath made a strange Alteration of Affairs at Court For those that before spake of him very indecently now court cringe and creep to him His Grace complained to the King of the scandalous Misrepresentation that was made of him in the Monday's Gazet upon which the Gazetteer was called to account for it who alledged for himself that a Person of great Quality sent him in Writing the Words therein recited commanding him to put them in the Gazet. Yesterday being the last day of the Term all the Prisoners that were in the Tower upon the late Sham-Protestant-Plot were discharged upon Bail Mr. Braddon who prosecuted the Murder of the E. of Essex the Information put in against him in the Kings-Bench By Mr. Attorney for a pretended Subornation c. was not prosecuted and his Bail was discharged And the passing Sentence upon the Author of Julian the Apostate and the Printer of the late Ld. Russel's Speech was passed over with Silence Great Applications are made to his Majesty for the pardoning Mr. Sidney in the Tower which is believed will be attained and that he will be banished The Ld. Howard appears despicable in the Eyes of all Men he is under a Guard at VVhite-hall and believed he will be sent to the Tower for that the D. of M. will accuse him concerning the Testimony he thath given c. The Papists and high Tories are quite down in the Mouth their Pride is abated themselves and their Plot confounded but their Malice is not asswaged 'T is generally said the E. of Essex was murdered the brave Ld. Russel is afresh lamented The Plot is lost here except you in the Country can find it out amongst the Addressors and Abhorrers This sudden turn is an Amazement to all Men and must produce some strange Events which a little time will shew The second Letter was then read directed as the other and dated Decemb. the 1st 1683. Dear Sir I am to answer yours of the 27th and 29th past and truly I cannot but with great-Sorrow lament the loss of our good Friend honest
four a Clock in the Asternoon Mr. Keeling came with two more to his house and arrested him at the Suit of Mr Papillon and another of them did the same at the Suit of Mr. Dubois telling him if he would not give Appearance he must go to the Lord Mayor who was at Skinners-hall but that they would take his word till the Morrow Morning However he immediately went to the Lord Mayor's-house and not finding him at home he went to Skinners-hall where he found him all alone and no Alderman only the Officers with him where he had been but a little while but was detained and he with him till about eleven a Clock abundance of People being gather'd together about the Door but a Company of the trained Band-Souldiers coming keptall quiet Then Mr. Wells the common Cryer was called and sworn who deposed That he being in the next room to the Hall wherein the Lord Mayor was arrested was presently sent for to my Lord who bid him send out the Officers to summon a Lieutenancy which he did and the Sword-Bearer being not just then at hand the Lord-Mayor bid him take the Sword and go along with him and so they were carry'd by the Coroner to his own house and the Lord-Mayor put up into a little Room by himself and he commanded by him to go and see for Sir James Edwards and Sir Henry Tulse and the Ld. Mayor that now is whom he found to be all arrested before he came Then Sir John Peake was sworn who deposed that upon the News of the Lord Mayor's being arrested he had order from the Lieutenancy to raise his Regiment which he did in a very little time and came with his Soldier to Skinners-Hall where he heard the Lord Mayor was and prevented any stir as it was feared there would have been Here the King's Counsel rested their Evidence till they had heard what the other said to it Whereupon Serjeant Maynard being of Counsel for the Defendant Mr. Papillon told the Jury in a very learned and excellent Speech that the Lord Mayor was as much subject to the Process of Law and Actions as any private Person in the City if he did injury or that which was not right in his Office That the Defendant did then suppose himself to have wrong done him and had therefore probable cause to bring his Action which he had done in a legal Manner against the Lord Mayor Then Mr. VVilliams insisted upon the probability of the cause of Action it being a controverted Question Whether Mr. Papillon and Mr. Dubois or Sir Dudley North and Mr. Box were chosen Sheriffs of London And some were so much dissatisfied with swearing Sir Dudley North and Mr. Rich Sheriffs as thinking them not duly Elected that they would have the Court of Kings-Bench moved for the Writ of Mandamus to swear Mr. Papillon and Mr. Dubois which Mandamus was granted to which the Mayor and Aldermen to whom it was directed made a Return that they were not Elected Sheriffs of London which Return was apprehended to be false and really to try the truth of this Return was the Action brought against the Plantiff which was the only way they had to right themselves and therefore they proceeded regularly and orderly in a decent Manner applying themselves to get an Appearance to their Action For that first they took out a Latitat against my Lord Mayor and by the Attorny gave him notice of it and desired an Appearance so that the Question in dispute might come to some determination But he was not pleased to give an Appearance to that Writ so they took out a Capias gave him notice of it and desired an Appearance but could have none whereupon they took out an alias Capias and the Coroner then told that he should be called upon to make some Return to the Writ which he acquainted the Lord Mayor with and desired again an Appearance which he refusing the Officer was constrained to arrest him and an Appearance at last was given Upon which they declared in the beginning of Hilary or Easter-Term 83. But it falling out that in Easter-Term 83 that that there was an Information for a Riot upon Midsummer-day before about this contested Election which being tried May the 10th was found to be so and the Sheriffs sworn to be duly elected thereupon being satisfied that they were mistaken they immediately discontinued their Action Then Mr. VVard of Counsel also for the Defendant spoke vindicating the Defendant from some unjust Reflections which the King's Counsel had made as if he had caused the Lord Mayor to be Arrested for the furtherance of some designed Insurrection against the King and Government and shewing the probability of the Cause then at that time though it be quite otherwise since the Question of the Right and Election being determined on the other side in the Trial about the Riot at the Election But the Ld. Ch. Justice here interrupting him would by no means allow that to be the Question then determined which raised some Words between them whereat there was a little Hiss begun which made the Ld. Ch. Justice in a great Fury ask who that Fellow was that durst hum or hiss while he sat there threatning to lay him by the heels and make an Example of him saying That indeed he knew the time when Causes were to be carried according as the Mobile hiss'd or humm'd and that he did not question but they had as good a will to it now Then he suffered the Defendants Counsel to call their Witnesses And therefore Mr Brome being call'd and swore deposed That aster he had the Writs he waited upon my Ld. Mayor praying his Appearance and gave him 9 or 10 days to consider and that the Defendants Attorny Mr. Goodenough did threaten to complain of him to the Court if he did not make a Return of the Writ And that when at last he could get no Appearance the Officers named in the Warrant by his Command did arrest him and carry him to Skinners-Hall and that soon aster he himself was taken into Custody and committed to the Compter Then after the Ld. Ch. Justice had cross'd Questions with him to have forc'd him a fall Mr. Cornish was swore who depos'd That Mr. Papillon and Mr. Dubois being at his house in came Mr. Goodenough the Attorny to receive their Orders what he should do telling them the time was almost spent and he had addressed himself from time to time to the Lord Mayor and some of the Aldermen to get them to appear but they would not They told him they had already given him Orders and desired that the matter might be brought to some Trial or issue and that he should desire an Appearance to the Action and if he would give it take it and remember my Lord Mayor is the Chief Magistrate of the City and pray'd him to carry it with all respect and regard imaginable to him The Ld. Ch. Justice then fell violently
upon Mr. Cornish questioning him about his owr and Mr. Bethel's Elections charging the Reason of his being Elected the second time to be because he had not taken the Sacrament and Corporation-Oath exposing him as an intruder into that Office to disturb the Government and as if that was it that was designed now again by this Election of the Defendant But said he do you think the Government will ever suffer it self to be sniveled at and overthrown by a Company of such whining Fellows And do you think to sham People into Offices No I tell you Villany was the Foundation of it and Knavery the Superstructure and it is high time it should be told out since I hear some People begin to doubt of it as a Question Then calling Bethel and Cornish Rascals he said they qualifi'd themselves for an Office only to put the Kingdom into a Flame and that the City was in great happiness and quiet ever since the late times of Rebellion and Confusion till such time as a couple of busy Fellows came to get into the publick Offices And let the whole Party said he go away with that in their Teeth and chew upon it if they will Then Mr. Serjeant being sworn deposed That he being present at Mr. Cornish's house when Mr. Papillon and Mr. Dubois were there he heard them give Mr. Goodenough the fame Orders about treating my Lord Mayor decently as Mr. Cornish had before deposed Then to shew the fair proceedings of the Defendant in the Action Mr. Baker was called and deposed That Mr. Aston telling him he appeared for Sir William Pritchard and had a Declaration from Mr. Papillon's Attorny he entred up a Discontinuance and paid the Costs and had Mr. Aston's receipt for them Then Mr. Ward offer'd that apprehending themselves really chosen Sheriffs they did in a due course of Law sue forth their Mandamus directed to the Plaintiff and the Aldermen and to which there was a Return made both which were then read in the Court and then Mr. Williams offer'd to shew the Reasons why they thought this Return false and thereupon brought their Action And therefore Mr. Gilbert Nelson Mr. William Wightman and Mr. Leonard Robinson were all call'd and sworn Mr. Nelson deposed that he was at the Common-Hall on Midsummer-day 1682 where there was in Nomination for Sheriffs he that is now Sir Dudley North Mr. Box Mr. Papillon and Mr. Dubois that he did see the Poll-Books after they were cast up and the greatest number was for Mr. Papillon And that upon holding up the Hands most in his Judgment were for Mr. Papillon and the Sheriffs gave it for Papillon and Dubois Mr. Wightman deposed That he then did take the Pole in one of the Books and that there were 2400 and odd for Papillon and Dubois Mr. Robinson deposed that he was then also at the Common-Hall and that by the Hands he judged the Majority was much more for Papillon and Dubois than for the other two That a Poll was demanded and granted and in the Evening after the Poll was closed the Books were numbred up and the Sheriffs came down upon the Hustings and declared above 2000 for Papillon and Dubois and some hundreds under for the other two Then here the Counsel for the Defendant declared they would leave it unless further occasion should be given them Then Mr. Attorney-General for the Plaintiff pleaded that the Defendant had not at all proved any probable Cause for his Action for that this matter contended for which was the Shrevalty an Office of Burthen Hazard and Charge could never be a good ground to bring an Action for and that he could have no Title to that Office his Election which was by the Poll being illegally managed by an usurp'd Authority and the Instruments made use of to bring about this Action such as Goodenough and the Cabal at Russel's of 30 or 40 Rioters most of them in the Proclamation proscribed as Traitors and run away from Justice upon the Discovery of the Plot speaking the worst of malice To which Mr. Sollicitor-General added that that Poll by which he supposed his right to the Office was illegal and therefore could afford him no probable Cause for an Action And to prove it so Mr. Town-Clerk was sworn who deposed that he never knew a Poll for Sheriffs till about 5 or 6 Years ago and it was between Mr. Jenks and Sir Simon Lewis and that it was by the direction of the Lord Mayor and the Sheriffs are but Officers and not the Judges and Managers of the Poll without the Lord Mayor's direction Then Serjeant Maynard did plead for the Defendant that however the listing up of 2000 hands might well make him apprehend himself as chosen and that there lay the cause of his Action and his suing for so troublesome an Office might be objected to the prudence of Mr. Papillon but could prove nothing of Malice in him And though the Attorny he made use of was a bad Man yet that did not make all his Clients bad And therefore he lest it to the Jury the Probability or Malice of the Action with the Damages the Plaintiff could possibly have sustained thereby Then Mr. Williams pleaded the doubtfulness of the Question notwithstanding what the Town-Clerk had deposed concerning the right of managing Polls and that therefore they might easily be mistaken and that they brought their Action to try the Right but afterwards conceiving they were out and had no Right they discontinued and desisted and that thus they would leave it with the Jury Then Mr. Ward remembering that Mr. Attorny General did challenge the Defendant to shew that his Action was brought by Advice of Counsel Mr. Baker was called again who deposed that it was by the Advice of Mr. Thompson Mr. Pollixfen and Mr. Wallop Then both sides having nothing more to say the Ld. Ch. Justice directed the Jury in a very long and virulent Speech shewing the improbability of the Cause of the Defendants Action from the Sheriff's having no Power to manage the Poll and the Malice of it from these Circumstances attending it As. 1. for a Man to sue to be Sheriff looks somewhat extraordinary as if he had a mind to do somewhat unusual in his Place especially when a Man has fined for the Office once before as Mr. Papillon did And it is a thing was never known till these unhappy times 2. That for several years last past the Government hath been beset and the Methods of Justice corrupted and all to serve the main Design of subverting the Government by Fellows getting into Office that were obnoxious to the Government and known Dissenters who never thought of conforming but only to capacitate themselves to destroy the Government by packing Ignoramus Juries so that Men took Oaths only to sanctify Villany and Traitors at the Bar were in less danger of being convicted of their Treasons than the Judges were of their Lives And that these things never were till
Cornish and Bethel got in to be Sheriffs 3. Their arresting the Lord Mayor in his Mayoralty-year and not staying till that was ended did carry Vengeance and Malice in the very face of it as if they had a mind to affront the Government in arresting and imprisoning the Kings Lieutenant in one of the highest Places both of Trust and Honour Nay and because they would be sure their Malice and Revenge should take place 4. They took the very Scoundrels of the Party to be employed in this work 5. The Consequents designed herein which was the destruction of the Government all the Magistrates being took up that had any care for it And 5. The particular Persons that were to be sued being only some of the Aldermen and not all though the Mandamus was directed to all and the Return made by the whole Court yet Cornish and his Party were not to be medled with which is another Circumstance of Malice And if it had not been for some Purpose 6. Mr. Papillon is know to be a Person that would never have been so greedy of an Office he had before declined and fined for minding rather his Counting-house than a Scarlet-Gown And therefore the Design he told them was from the beginning to the end nothing but to cause a Tumult and Confusion in the City in order to put that damned hellish Conspiracy for the destruction of the King and his Brother and every Man that was honest and loyal in Execution That therefore they were to find for the Plantiff and to give Damages according to the Malice design'd not as to Sir William Pritchard but as Lord Mayor For that the Government was infinitely concern'd in this Cafe which made it so popular a Cause The Government of the City the Honour of their Chief Magistrate and indeed the Honour of the King whose Substitute he was and that was to put a weight upon their Inquiry into the Damages of this Case telling them that their severity in this Case would deter all People from entring into Clans and Cabals to make Disturbances and affront the Government Then the Jury withdrew to consider of their Verdict and after half an hours stay returned and found for the Plaintiff and assessed Damages to 10000 l. and costs to 4 Marks The Lord Chief Justice then told the Jury that they seem'd to be Persons that had some sense upon them and consideration for the Government and had given a good Verdict and were to be greatly commended for it Aster which the Court broke up The Trial of Titus Oates at the King's-Bench Bar at Westminster before the Lord Chief Justice Jefferies on Friday and Saturday the 8th and 9th days of May 1685. THen and there the Prisoner appearing upon an Information of Perjury shewing how that he had sworn falsly to a Consult of Jesuits at the White-Horse Tavern April 24. 1678. at the Trial of Ireland Pickering and Grove To which having pleaded Not Guilty the Jury sworn were Sir William Dodson Sir Edmund Wiseman Richard Aley Thomas Fowlis Thomas Blackmore Peter Pickering Robert Beddingfield Thomas Rawlinson Roger Reeves Ambrose Isted Henry Collier Richard Howard Then Dr. Oates moved that he might have three very material Witnesses who were Prisoners in the Kings-Bench brought into the Court but the Ld. Ch. Justice told him the Law would not allow it and it would be an Escape The Information therefore was read and Mr. Philips opened it and Mr. Attorn Gen. opened the Evidence Then in order to prove the Information the Record of the Trial of Ireland was produced and read Then Mr. Foster was sworn who deposed that he was one of the Jury at Ireland's Trial and heard Dr. Oates depose about the Consult's being April 24 1678 and that he was at it and carried the Resolution from Chamber to Chamber to be signed and saw it signed c. Then Martin Hilsley Esq a Papist deposed That he came from St. Omers April 14 Old Stile where he lest Oates and saw him but the day before and that he was not at all in his Company from thence to London where he arrived April 21 having staid four or five days at Bockston-street hard by where he met Mr. Burnaly at a Relations of his That afterwards he told Mr. Osborn that he had lest Sampson Lucy by which Name Mr. Oates went as also sometimes by Titus Ambrosius at St. Omers Then Dr. Oates would have ask'd this Witness What his Employment was at St. Omers Whether his Superiors did not set him on to do this And what Inducements he had to give in an Evidence now which he had given six Years ago at Langhorn's Trial and was not believed But these the Ld. Ch. Justice called Ensnaring Questions and would suffer no Answer to them Then Mr. John Dorrel now a Papist deposed that about the 15th or 16th of April he heard one Mr. Osborn telling his Mother of one Sampson Lucy alias Oates being then a Scholar at St. Omers as a Gentleman newly come from thence had assured him Then Mr. Osborn a Papist deposed About the 27th or 28th of April Mr. Hilsley talking to him about Oates telling that he lest him in the Colledg when he came away from St. Omers and this he told afterwards to Madam Dorrel and his own Mother who was since dead Then Mr. Bournaby a Papist supposed a Jesnit who went by the Name of Blunt deposed That he met Mr. Hilsley April 18 1678 that he arrived at St Omers April 21 and saw Oates there the next day and so from day to day to June 10. but that he neither knew or heard of any Consult Then Mr. Pool alias Killingbeck a Papist of the Sodality of the Virgin Mary as was supposed being sworn deposed That he came from St. Omers April 25 and saw Mr. Oates that very Morning and left him there and saw him there the 21st and 22d of the same Month That he heard something of a Triennial Congregation but of no Consult Then Mr. Henry Thornton a Papist deposed That he had been a Student at St. Omers seven Years and came thence about two Years after Mr. Oates that he knew Oates there very well and saw him almost every day in the Colledg from Christmass 1677 to the 13th of June 1678 that in all that time he was never out of the Colledg unless a day or two at Watton in January which is not a League out of Town That he saw him particularly the day of Mr. Hilsley's departure April 14 and Mr. Bournaby's coming April 21 and again the next day April 22 at a Play which the Scholars acted That he heard of a Triennial Congregation but of no Consult Then Mr. William Conway a Papist a Student of St. Omers who went by the Name of Parry when he was a Witness at the Trial of the five Jesuits deposed That he knew Mr. Oates at St. Omers that he came in December 1677 and stirr'd not out of the Colledg except one Night
of the Season had chang'd their Opinion so that now they disbelived that which they believed before and perhaps for as little Reason as they believed him at first For he could not expect that a Man who believes without a Principle should not recant that Belief without a Reason But the Court call'd this a Reflection and spar'd him not for it The other part of his Defence consisted of his endeavouring to prove that he was here seen in London in April and May 1678. To this end Mrs. Cicilia Mayo Sir Richard Barker's House-keeper deposed That she saw Dr. Oates at her Master's House in Barbacan the latter end of Apr. or beginning of May being about a Week before Whitsontide in that Year the Plot broke out That the Coachman told her he had been there once or twice before but this was the first time she saw him he having on grey Clothes a white Hat and a short Periwig and dined there with her Lady's Sister and others Sir Richard being then sick in the Country That he came afterwards when she saw him in black Clothes a longer Periwig which was brown That she never knew the Prisoner before then but they told her who it was Then John Butler Sir Richard Barker's Coachman deposed That he also saw Mr. Oates at his Master's House the beginning of May before the Plot in a disguise having on a grey Coat and white Hat and his Hair cut short but without a Periwig enquiring for Dr. Tongue Mrs. Mayo then also looking upon him in the Court through the Window And that afterwards he came in a Cinnamon-coloured Coat and green Ribbons and a long black Periwig and that he dined there several â—â—mes Then Philip Page Sir Richard Barker's Man that used to make up his Physick for him deposed That he remembred he did see the Prisoner at his Masters in grey Clothes but he was not certain as to the time only he believes it was in May. Then Mr. Walker a Minister deposed he met the Prisoner in a Disguise between St. Martin's-Lane and Leicester-Fields not exactly remembring the Time when only he thought it about a Year and a quarter before he was first examin'd and that the Elm-Trees were then budded forth as big as an Hazle-Nut After this reflecting on the discredit the St. Omers Witnesses had once been in and of their not prosecuting of this Cause before this time he concluded his Evidence And the King's Counsel proceeded to answer his Defence producing the Records of Sir George Wakeman and Earl of Castlemaine's Trials to prove that his Evidence there was not believed which were read and Sir George Wakeman being sworn deposed what it was the Prisoner then swore against him and protested the falsity of it and his own Innocency The same also the Earl of Castlemain did in like manner And then the Lords Journals were produced where it was recorded that the Prisoner said he could accuse no Body else but those that he named and yet soon after he accused the present King and the Queen-Dowager but this upon search being not found to be a Record upon Oath it was not thought valid Evidence Therefore they proceeded to prove his Subornation of one Clay which was a Witness for the Prisoner at the Trial of the five Jesuits whom now he did not call and of Mr. Smith the School-master of Islington To this end part of Oates's Narative was read out of the Lords Journal wherein he accused this William Smith as concerned in the Plot as endeavouring to vilify the House of Commons c. And then a Certificate was read under Oates's Hand of this Smith's Honesty not three days before the Trial of the five Jesuits whence they would infer he had been tampering with him the which Smith himself being sworn was ready to have deposed but the Ld. Ch. Justice would not admit him to swear that he did forswear himself because such should never have the Countenance of ever being Witnesses again Therefore they proceeded to prove the Subornation of Clay and to this end Lawrence Davenport in whose keeping Clay was in Prison deposed that Sir William Waller and the Prisoner did hang'd for that they could prove him to be a Priest unless he would swear for Oates that he dined with him at Mr. Howards in May which he consented to so he might have his Mony restored that was taken from him saying he had been a Rogue before and did not know what he might be And this another Witness produced swore that Davenport told to him the next day in Prison Then Mr. Howard deposed That Clay was mistaken in his Testimony given at the Trials of the five Jesuits in being July and not May 1678 that he and Oates were at his House about which time there was no question of his being in England Then they read out of Oates's Narrative again wherein he had said how he return'd three or four days after the Consult of April 24 was over observing hence how his own Witnesses contradicted him who had deposed that they saw him here in London the latter end of May. And here the Counsel for the King concluding their Evidence Dr. Oates proceeded with his Defence only shewing out of the Lords Journal a Copy of their Resolve That there was a Plot and of their summoning up before them Thomas Bickley of Chichester for vilifying Dr. Oates and thereupon turning him but out of Commission objecting five things against their Evidence 1. Their Religion A Papist not being a good Witness in a Cause of Religion appealing to the Heavens Which the Ld. Ch. Justice call'd a Common-wealth appeal and bid him to be took away falling very foul upon the poor Doctor But stood in 't that 't was Law and the Lord Cooke's practice quoting Bulstrode's Reports 2d Part 155. He Objected 2. Their Education confessing themselves to be bred up in a Seminary which is against Law quoting 27o. Eliz. cap. 2. and 3. Car. 1. Cap. 2. Which also was over-ruled 3. Their Judgments in Cases of Conscience whereby they own they have Dispensations to swear Lies for the promotion of the Cause 4. It was refused at the Lord Shaftsbury's Trial to suffer the King's Evidence there to be Indicted of Perjury But all this the Ld. Ch. Justice told him was idle and nothing to the Purpose And therefore he went on to sum up his Evidence protesting the Truth of his Evidence and that he was resolved to stand by and seal it with his Blood which the Ld. Ch. Justice told him it was pitty but he should Then Mr. Sol. Gen. summ'd up the Evidence which while he was a doing Dr. Oates beg'd leave to withdraw being weak and ill with the Stone and Gout and having lien in Irons 21 weeks After him the Ld. Ch. Justice summ'd up the Evidence with all the Virulency and Gall his Wit or Malice could assist him And then the Jury withdrawing for about a quarter of an hour deliver'd in their Verdict
That the Defendant was Guilty of the Perjury whereof he was Indicted which being Recorded The Ld. Ch. Justice gave it his Approbation â—o which the rest of the Judges assented and then the Court arose THE next day being Saturday May 9 1685 the Prisoner was again set to the Bar having also been arraigned upon another Information of Perjury which did set forth that he being a Witness for the King at the Trials of Ireland and the five Jesuits did therein swear that Ireland was in Town the 1st and 2d of September and between the 8th and 12th of Aug. 1678. and that he had forsworn himself in both Instances to which he had pleaded Not Guilty The Jury therefore sworn were Sir Thomas Vernon Kt. Nicholas Charlton Es q Thomas Langham Es q Thomas Hartop Francis Griffith John Kent George Toriano Henry Loades John Midgley John Pelling Thomas Short George Peck To whom the Information being read Mr. Phipps opened the same and Mr. Attorn Genopened the Evidence And then the Records of the two Trials were produced and admitted And then Mr. Thomas Harriot vvho vvas Foreman of the Jury at the Trial of the five Jesuits deposed That Dr. Oates vvas a Witness thereat and swore that Ireland took his leave of him and others at the said Ireland's Chamber between the 8th and 12th of August 1678. And Mr. Rainsford Waterhouse being another of the Jury at the same time deposed the very same Then Mr. Foster a Jury-man at Ireland's Trial deposed That the Prisoner also was a Witness then and swore that the said Ireland vvas in Town the 1st or 2d of September 1678 for he had then 20 s. of him And Mr. John Byfield another of the same Jury deposed the same To prove it false then Mrs. Ann Ireland deposed That on Wednesday July 31. being St. Ignotius's day her Mother and She and Brother were invited to Mr. Gifford's at Hammer smith that She and her Mother staid all Night but her Brother refused that on Saturday following August 3. 1678. she took leave of him he going then out of Town to the Lord Aston's House in Hartfordshire in order to go thence into Staffordshire that in his absence once one Mrs. Eagleston lodg'd in his Room her Maid falling sick and that he returned not till just a fortnight before Michaelmass Mrs. Eleanor Ireland deposed the very same saying he return'd Septemb. 14 before his Trial whereat she was a Witness but not suffered to speak what she knew Then Mrs. Duddle deposed also the same Evidence about his being out of Town And the like did Mrs. Ouino his Taylor 's Wife who brought him home some Clothes that had been mended but Saturday Morning he went and she saw him in his Boots and he took Horse as his Servant had testified at the Bull-Inn in Drury-lane Then the Ld. Aston deposed That Mr. Ireland came to his House at Staenden in Hartfordshire on Saturday Night August 3. 1678. and went with him on Monday to St. Albans where they met with his Brother and Sister Southcoat and thence travelled to Tixhall where they arrived on Thursday following Ireland as he believes being all this time in his Company Then Sir Edward Southcoat deposed That he came to the Lord Aston's Aug. 4. 1678. that the day following Mr. Ireland travell'd with them to St. Albans where they met with his Father and Mother and lay all Night at the Bull Inn that the next Night they lay at the George in Northampton and on Wednesday Night at the Bull in Coventry and the next came to Tixhall Mr. Ireland being with them all the Journey and staid with them there till the Tuesday following Aug. 13. And then they went to Nantwich and lay at the Holy-Lamb and the next day came to Holy-Well and lay at the Star and the next day came to Chester and return'd the next day after to Tixhall again being Friday August 16. Mr. Ireland still travelling with them That afterwards he cannot positively say how long Ireland was at Tixhall only that he remembred him there the day of Mr. Chetwin's Race with Sir Henry Gough and on a Thursday upon the Bowling-Green at Tixhall But he came back with them from Tixhall the 9th or 10th of September the first Night to the Bull in Coventry the next to the Altar-stone at Banbury the next to Agmondishman and the next to his Father's House in Kingston where his Brother bought Mr. Ireland's Horse of him being Thursday and the Saturday following Ireland went to London Septemb 14. Then Mr. John Southcoat Sir Edward's Brother who bought Ireland's Horse deposed the same things being with them all these Journeys After him one Harrison Sir John Southcoat's Man who likewise travell'd with them and was the Man that went with Ireland to London and brought back his Horse deposed the very same George Hobson a Servant of the Lord Aston's deposed That he also was these Journeys and saw Ireland every day that after they return'd from Holy-Well to Tixall he saw him again on August 26. and on the day he return'd thence for London which was Septemb. 9. 1678. George North another of my Lord's Servants deposed That he travell'd at the same time in Mr. Ireland's Company from Standen to Tixhall and that he saw him again at Tixhall after his return from Holy-Well and particularly on Septemb. 9. he then going back for London Richard Ingletrap the Hackney Coach-man a Protestant deposed that he travell'd also from Standen to Tixhall with Mr. Ireland and saw him August 13. when he set out for Holy-Well Andrew Wetton another Protestant deposed that he travelled from Tixhall to Holy-Well and so back again to Tixhall in Mr. Ireland's Company looking after his Horse and saw him that day he set out for London Thomas Sawyer deposed that Ireland was at Tixhall from Aug. 8. to Aug. 13. and came again Aug. 16. and went for London Semptemb 9. following Frances Allen one of the Lord Aston's Maids who wash'd Ireland's Linnen and look'd to his Chamber while he was at Tixhall deposed that he came to Tixhall Aug. 8. 1678. and went for Holy-Well the 13th and returned thence the 16th and went away the next day she delivering him the Linnen he carried with him and saw him several times afterwards at Tixhall professing her self a Protestant also Then Mrs. Jane Harwell deposed that Mr. Ireland came to her House in Wolverhampton Aug. 17. as from Tixhall and was every day there till the 26th when he return'd as she supposes to Tixhall again He came to her again Sept. 4. following and staid till the 7th when he went away for good and all That hearing of his Trial and what he had been accused of in December following she sent an Express at her own Charges to London to a Friend with a Petition to the King that they might bring in Witnesses to prove this Upon which his Execution was staid about five Weeks and they hoped for a second Trial but could not obtain
against the present or the former King and that he had a material Witness in Lancashire 140 Miles off The Court told him they had ho power to put off his Trial and the King had left him to the course of the Law He complained he had no Copy of the Pannel but was answered it was not his right to have it and the Attorney General told him he had not deserved so well of the Government as to have his Trial delayed He desired then Pen and Ink and having challenged thirty five the Jury were sworn which had passed upon Mrs. Gaunt To whom the Indictment was read and opened by Mr. Phips and Mr. Attorney General and then Colonel Rumsey deposed that about the latter end of October or beginning of November the Earl of Shaftsbury desired him to go to Mr. Shepherd's House where was a meeting of the D. of Monmouth Ld. Russel Ld. Grey Sir Thomas Armstrong Mr. Ferguson and Mr. Shepherd He came late and they were just upon going away He deliver'd his Message and they told him that Mr. Trenchard had disappointed them He had not been there above a quarter of an Hour but Mr. Shepherd was called down and brought up Mr. Cornish who excused his not coming sooner and said that he could not stay for he was to meet about the Charter Whereupon Mr. Ferguson opened his Bosom from under his Stomacher pulled out a Paper They told Mr. Cornish they had had it read and desired to read it to him Mr. Ferguson read it while Mr. Shepherd held the Candle and afterwards asking Mr. Cornish how he liked it he said he liked it very well The Paper was a Declaration to have been dispersed when the Rising was which was intended about that time and 2 Points he observed and very well remembred the one was for Liberty of Conscience the other for Restoration of Church or King's Lands to them that would assist Mr. Cornish said he liked the Declaration and what poor Interest he had he would join with it That he had been acquainted with Mr. Cornish about 14. Years and had had great concerns together he having returned 3 or 400000 l. for him in 6 years Time while he was Collector of the Kings Customs at Bristol that Mr. Cornish was a very honest Man and it was out of Compassion he had not accused him before Then Goodenough was sworn and his Pardon read who deposed That there was a Design to rise in London and the City was divided into 20 parts and design'd out of each part to raise 500 Men who were to take the Tower and drive the Guards out of Town Before this was agreed on by chance he was at Mr. Cornish's House about the business of the Riot and discoursing alone with Mr. Cornish he said The Law will not defend us some other way was to be thought on Mr. Cornish reply'd he wondred the City was so unready and the Country so ready that he reply'd there was something thought to be done here but that in the first place the Tower ought to be seized where the Magazine is Mr. Cornish paused a little and said I will do what good I can or what I can or to that purpose He afterwards met Mr. Cornish on the Exchange who asked him how affairs went to which he gave a general Answer that not being a Place to talk in of such Discourse To this the Prisoner said It was strange that Col. Rumsey seeing him at Shepherd's about such a thing should never mention it to him afterwards so often as he saw him Protesting his ignorance and appealing to God urging the Improbability and adding that Rumsey at the Lord Russel's Trial swore that he had nothing else to swear against any Man And against Goodenough he urg'd the ill Opinion he had of him and that he never was with him but about the Business of the Riot which he manag'd as their Attorny And I tell you said Mr. Justice Withens then that was a Branch of the Plot take that from me Then Mr. Gosfright testified that Mr. Cornish opposed Mr. Goodenough's being Under-Sheriff and said he would not trust an hair of his Head with him he was so ill a Man obnoxious to the Government and had done ill things and he believ'd Mr. Cornish and Mr. Goodenough were never reconcil'd upon it Alderman Love and Mr. Jekyl testified to the same purpose which the Ld. Ch. Just had scarce Patience to hear saying it was all impertinent and Mr. Just VVithens said of Mr. Jekyl This Gentleman was in a limb of the Plot himself as great a Rioter and as hot as any of them Sir William Turner then testified to Mr. Cornish's aversness to Goodenough's being Under-Sheriff Mr. Cornish then call'd Dr. Tillotson and Dr. Sharp to testify as to his Conversation but neither appear'd Mr. Lane then testify'd that in the Printed Trial of the Lord Russel Rumsey swore he did not hear the Declaration read but he not hearing it himself that was no Evidence Then Dr. Calamy the Minister of his Parish testify'd that he did come often to Church and receive the Sacrament Then also Mr. Reeve Mr. John Cook Mr. John Knap Mr. Carlton Mr. Joseph Smart and Mr. VVilliam Crouch all testify'd as to his Conversation and Loyalty whence he argu'd the Improbability that he should be so concern'd After which the Ld. Chief Justice summ'd up the Evidence and the Jury withdrew and after a considerable time returned And then the Prisoner begg'd one Word desiring to call Mr. Shepherd whom out of tenderness to offend he had omitted though he had him in his Note which with much ado was granted him as a great favour of the Court. And then Mr. Shepherd testify'd that he was Subpoened by Mr. Cornish before by the King and was desired by Mr. Cornish's Son to be at his Trial and had been attending in Court from eleven to three That Mr. Cornish at one of those Meetings at his house came to speak a few Words with the Duke of Monmouth or some other he could not be positive it being so many years ago that he stay'd not above half a quarter of an hour in the house and that there was not one word read nor no Paper seen while he was there and that he never was at his house but once when the Duke of Monmouth was there nor does he remember that Rumsey was there while he was nor that the Declaration was read that night He remembred a Declaration was read which Ferguson pull'd out of his Shoe but was positive Cornish was not by because he was not look'd upon to be one of the Company That there was now an Accompt depending between him and Mr. Cornish whereon there was about one or two hundred Pounds due to Mr. Cornish Then Mr. Sol. Gen. sum'd up the Evidence And the Jury withdrawing for a short time brought Mr. Cornish in Guilty and found 140 l. for the King in Mr. Shepherd's hands Then Mr. Recorder sentenced
Army joyn together but to go back and engage those that were already come together which was the reason they did not go over the Bridge Mr. Richard Goodenough deposed that he was beyond Sea with the Duke of Monmouth and that Jones was sent among other Persons to the Lord Delamere to give him notice to be ready and take care he was not seized in Town and that he heard the Duke say that he hoped my Lord Delamere would not break his Promise with him Jones deposed that he went into Holland the latter end of April last and by him Mr. Disney sent a Message to the Duke of Monmouth to desire him to keep to the last Conclusion which he would find in a Letter sent to him by the Crop-hair'd Merchant which Message was that his Friends in England would not by any means have him come for England but that he should continue where he was or if he thought good to go for Scotland they approved of it This Message he deliver'd to the Duke at Amsterdam which put him into a great Passion saying this was Wildman's work who was a Villain and that it was too late to send a Message now for he was resolved for England and Wildman should hang with him or fight for it with him and that he should not think to tye up his Hands by tying up his own Purse Sending another Message by him when he returned for England which was May 22d to Capt. Matthews or major Wildman to desire them to acquaint the Earl of Macclesfield the Lord Brandon and Lord Delamere with his Design of coming for England and that they should repair to their Posts to be ready for him delivering to him a Writing sealed up which he was not to open till he came to Sea which when he opened he found it contained a Signification of the Place wherein was to land and where he was to rendezvous which was Taunton and who were the Persons that were to have notice of it among whose Names was the Lord Delamere's That when he came to London which was May 27th he could meet with neither Capt. Matthews nor Major Wildman who were out of Town and therefore he acquainted Mr. Disney with his errand who promised to take care that it should be delivered Story who was Commissary General under the Duke of Monmouth deposed that on May 28th one Brand told him that the day before Jones was returned out of Holland with a Message to Capt. Matthews but he being absent Disney received it and discoursed that Evening with the Lord Delamere and that my Lord went out of Town that Night with 2 Friends that convey'd him by a By-way through Enfield Chase towards Hatfield That this Brand was kill'd at Keinsham Bridg. That at Shepton Mallot he heard the Duke of Monmouth say that his great Dependance was upon the Lord Delamere and his Friends in Cheshire but he fear'd they had failed him or betray'd him and that he could have been otherwise supply'd but that he had a Dependance upon them Vaux deposed That on May 26th the Lord Delamere sent for him to the Rummer in Queens-street and that the next Night he rid out of Town with him about 9 or 10 a clock at Night and got to Hoddesden about 12 and the next day he brought him to Hitchen and so came back again That my Lord went by the name of Brown and said he was going to see his Son that was sick in the Country Mr. Edlin deposed that on May 27th Mr. Vaux asked him if he would ride with him as far as Hitchen which he promised to do and they set out about 9 that Night and went to Hoddesden one Mr. Brown being in their Company whom he had never seen before but now knew to be my Lord Delamere who told them he was going to see a Sick Child Mr. Panceford depos'd that he was at Mr. Disney's on June 14th last where the Duke of Monmouth's Declarations were a Printing for printing whereof Disney had been Executed and one Joshua Lock was there waiting for some which he said he was to send into Cheshire to one Mr. Brown which he understood to be the Lord Delamere having heard Mr. Disney call him by that Name and Mr. Edlin having told him how he went by that Name when he rid with him to Hitchen But also he had heard that Mr. Vermuyden went also by that name of Brown Mr. Babington deposed that in their Consultations there were Discourses of my Lord Delamere under the name of Brown and once at a Tavern about the latter end of May last when my Lord Delamere was named by one in the Company he was presently catch'd up for it and replied to You mean Mr. Brown That being also at Disney's while the Declarations were a Printing he heard one say a great many of them were to be sent into Cheshire to my Lord Delamere under the name of Brown Mr. Hope Master of the Three-Tuns in Coventry deposed that the Lord Delamere came Post to his House he believed 5 times from the Sunday Sev'night before the Coronation to June 21 following Then Thomas Saxon deposed that on June the 3d or 4th he was sent for by a Man that had but one Hand to my Lord Delamere's House Mere in Cheshire where he came when it began to be dark and was conveyed by the Man that fetch'd him into a lower Room where were my Lord Delamere Sir Robert Cotton and Mr. Crew Offley and they told him that he had been recommended to them by the Lord Brandon who had said he was an honest useful Man and they hoped he would prove so For they had sent to the D. of Monmouth who was in Holland and received an Answer by one Jones which as soon as they had my Lord Delamere came away Post into the Country under another Name and by being conveyed through Moorfields came down to raise 10000 Men for the Duke in Cheshire by June 1. But now they had considered of it and found they could not raise them till Midsummer for that they must have time to raise 40000 l. in that Country to maintain the Men. That they asked him if he would undertake to carry a Message to the Duke that he said he would Whereupon the Lord Delamere gave him 11 Guinies and 5 pound in silver for his Journy After which he hired him an Horse and did deliver the Message That he never had any Concern before with the Ld. Delamere but that the Lord Brandon told him that they must make use of such as he to inform the Country of the time of Rising his acquaintance abounding that way being a publick Trades-man in Middlewich Here the Evidence for the King ceasing the Prisoner was called upon to make his Defence But it beginning to be late the Prisoner begg'd the Court might be Adjourned till the morrow But the Lord H. Steward doubted it could not be done by Law this not being a Trial in full Parliament
Messengers attending the Court delivered to the Dean of St. Pauls a Warrant from the Ecclesiastical Commissioners to cause this Sentence to be affixt on the Door of that Chapter-House and to certify them of the due Execution hereof Dated Septemb. 28 1686. and sealed with the same Seal as the Sentence which was annexed thereto but no Persons Names Subscribed To the Dean and Chapter of London The Proceedings and Trial in the case of the most Reverend Father in God William Lord Arch bishop of Canterbury and the Right Reverend Fathers in God William Lord Bishop of St. Asaph Francis Lord Bishop of Ely John Lord Bishop of Chichester Thomas Lord Bishop of Bath and Wells Thomas Lord Bishop of Peterborough Jonathan Lord Bishop of Bristol in the Court of Kings-Bench at Westminster in Trinity-term in the 4th Year of the Reign of King James the 2d Annoque Domini 1688. THese Peers were present on Friday June the 15th 1688 when the Lords the Archbishop and Bishops were brought into Court from the Tower upon the Habeas Corpus Viz. Ld. Marq. of Hallifax Ld. Marq. of Worcester Earl of Shrewsbury Earl of Kent Earl of Bedford Earl of Dorset Earl of Bullingbrook Earl of Manchester Earl of Burlington Earl of Carlisle Earl of Danby Earl of Radnor Earl of Nottingham Ld. Visc Fauconberge Ld. Grey of Ruthyn Ld. Paget Ld. Chandoys Ld. Vaughan Carbery The aforesaid Bishops appearing then and there about eleven a Clock at Mr. Attorney General 's motion the Writ and Return were read in Court Sr. Robert Wright Ld. Ch. Justice Judges Mr. Justice Holloway Judges Mr. Justice Powell Judges Mr. Justice Allybone Judges Then the Bishops being sat in Chairs provided there for them the Attorney General motion'd an Information to be read against them which Sir Robert Sawyer Serj. Pemberton Mr. Pollexfen and Mr. Finch oppos'd being of Counsel for the Bishops requiring a Discharge for the Prisoners because their Imprisonment was illegal the Persons committing having no Authority to commit being said to be Lords of the Council and not in Council and the Fact for which they were committed being a bare Misdemeanour the Bishops as Peers of the Realm ought to be served with the usual Process of Subpoena and not to be committed to Prison and therefore the Bishops not being now regularly in Court they ought to be charged with no Informatian by the express Statute of Edward the 3d. The which Objections caused a long and learned Debate on both sides till at length the Judges over-ruled it only Mr Justice Powell refused to determine without consulting Precedents Then the Information against the Bishops was read the Substance whereof was That whereas the King put out his Declaration for Liberty of Conscience on the 4th of April in the 3d Year of his Reign in which is contained c. Here that Declaration was inserted and on the 27th of April in the 4th Year of his Reign did publish his other Declaration entitled c. Here that Declaration also was inserted which last Declaration he on the 30th of April following caused to be printed and for the more solemn Notification of his favour therein did on the 4th of May following order the same to be read in all Churches c. Here that order of Counsel was inserted After the making of which Order viz. on the 18th of May following at Westminster in Middlesex the seven Bishops being here named did consult and conspire among themselves to diminish the Regal Authority and Royal Prerogative Power and Government of the King in the Premisses and to infringe and elude the said Older and in Prosecution and Execution of the Conspiracy aforesaid they the said Bishops here again naming them with Force and Arms c. there and then falsly unlawfully maliciously seditiously and scandalously did frame compose and write c. a certain false feigned malicious pernicious and seditious Libel in Writing concerning the King his Declaration and Order aforesaid under pretence of a Petition then and there subscribed by them and in the presence of the King did publish wherein is contained Here the Bishops Petition was inserted Whereupon the Attorney General pray'd the Advice of the Court and due Process of Law to be made out against the aforesaid Bishops c. to answer to our Lord the King in and concerning the Premisses Then the Bishops Counsel moved for an Imparlance till the next Term and very learnedly and largely debated with the Kings Counsel concerning the course of the Court as to that Particular but were over-ruled in it Then the Arch-bishop in behalf of himself and his Brethren the other Defendants tender'd their Plea in writing which was read and its Receipt debated but because it was writ upon Paper and not upon Parchment and contained no more than what had been already debated and over-ruled the Court rejected it and put them therefore upon it to plead presently to the Information which they all did Not Guilty and this day fortnight appointed for their Trial at this Bar the Court taking the Bishops own Recognizance of the Arch-bishop in 200 l. and the rest in 100 l. apiece then and there to appear after which the Court arose ON Friday the 29th day of June being the Feast of St. Peter and St. Paul the Bishops then and there made their Appearance Sr. Robert Wright Ld. Ch. Justice Judges Mr. Justice Holloway Judges Mr. Justice Powel Judges Mr. Justice Allybone Judges These Peers being present viz. Ld. Marq. of Hallifax Ld. Marq. of Worcester Earl of Shrewsbury Earl of Kent Earl of Bedford Earl of Pembrook Earl of Dorset Earl of Bullingbrook Earl of Manchester Earl of Rivers Earl of Stamford Earl of Carnarvon Earl of Chesterfield Earl of Scarsdale Earl of Clarendon Earl of Danby Earl of Sussex Earl of Radnor Earl of Nottingham Earl of Abington Ld. Visc Fauconberge Ld. Newport Ld. Grey of Ruthyn Ld. Paget Ld. Chandoys Ld. Vaughan Carbery Ld. Lumley Ld. Carteret Ld. Ossulston 'T is possible more of the Peers might be present both days whose Names by reason of the Croud could not be taken The Bishops Names being called over the Jury was sworn whose Names follow viz. Sir Roger Langley Bar. Sir William Hill Kt. Roger Jennings Esq Thomas Harriot Esq Jeoffery Nightingale Esq William Withers Esq William Avery Esq Thomas Austin Esq Nicholas Grice Esq Michael Arnold Esq Thomas Done Esq Richard Shoreditch Esq To whom the Information against the Bishops was read And then Mr. Wright opened the charge to which Mr. Attorney General spoke shewing that the Bishops were prosecuted not as Bishops or for any point of Religion but as Subjects and for a Temporal Crime And that also they were prosecuted not for omitting any thing but for doing something even censuring of his Majesty and Government The Heinousness of which Crime he opened and laid down the Method they would proceed in to prove it And according to the Method observ'd in the Information that every thing might