manner as well that which is for or against the King or any other Person but could never obtain a Copy of the Indictment nor that the Statute should be read The Jury by which he was tried was not as he is informed summoned by the Bailiffs of the several Hundreds after the usual and legal manner but Names were agreed on by Mr. Graham and Mr. Burton and the Under-Sheriff and Directions given to the Bailiff to summon them and being all so chosen a Copy of the Pannel was of no use to him When they came to be called he excepted against some for being your Majesty's Servants which he hoped should not have been returned when he was prosecuted at your Majesty's Suit many others for not being Free-holders Which Exceptions he thinks were good in Law and others were lewd and infamous Persons not fit to be of any Jury but all was over-ruled by the Lord Chief Justice and your Petitioner forced to challenge them peremptorily whom he found to be picked out as most suitable to the Intentions of those who sought his Ruin whereby he lost the Benefit allowed him by the Law making his Exceptions and was forced to admit of Mechanick Persons utterly unable to judg of such a Matter as was to be brought before them This Jury being sworn no Witness was produced who fixed any Thing beyond Hear-say upon your Petitioner except the Lord Howard and them that swore to some Papers said to be found in his House and offered as a second Witness and written in a Hand like to that of your Petitioner Your Petitioner produced Ten Witnesses most of them Men of Eminent Quality the others of Unblemished Fame to shew the Lord Howard's Testimony was inconsistent with what he had sworn before at the Trial of the Lord Russel and declared under the same Religious Obligation of an Oath as if it had been legally administred Your Petitioner did further endeavour to shew That besides the Absurdity and Incongruity of his Testimony he being guilty of many Crimes which he did not pretend your Petitioner had any knowledg of and having no other hope of Pardon but by the Drudgery of Swearing against him he deserved not to be believed And similitude of Hands could be no Evidence as was declared by the Lord Chief Justice Keeling and the whole Court in the Lady Carr's Case so as that no Evidence remained against him But whosoever wrote those Papers they were but a small Part of a Polemical Discourse in Answer to a Book written about thirty Years ago upon General Propositions applied to no Time or any particular Case so that it was impossible to judg of any Part of it unless the Whole did appear which did not the sense of such Parts as were not produced could not be comprehended unless the Whole had been read which was deny'd The Ink and Paper shewed them to be written many Years ago the Lord Howard not knowing of them they could have no concurrence with what your Petitioner is said to have designed with him and others the Confusion and Errors in the Writing shewed they had never been so much as review'd and being written in a Hand that no Man could easily read they were never fit for the Press nor could be in some Years though the Writer of them did intend it which did not appear but they being the only present crude and private Thoughts of a Man for the exercise of his own Understanding in his Studies and never shewed to any or applied to any particular Case could not fall under the Statute of 25 Edw. 3. which takes Cognizance of no such Matter and could not by construction be brought under it such Matters being thereby reserved to the Parliament and is declared in the Proviso which he desired might be read but was refused Several Important Points of Law did hereupon emerge upon which your Petitioner knowing his own Weakness did desire that Counsel might be heard or it might be reserved to be found especial but all was over-ruled by the Violence of the Lord Chief Justice and your Petitioner so frequently interrupted that the whole Method of his Defence was broken and he not suffered to say the tenth Part of what he could have alledged in his Defence so the Jury was hurried into a Verdict which they did not understand Now forasmuch as no Man that is oppressed England can have Relief unless it be from your Majesty your Petitioner humbly prays that the Premisses considered your Majesty would be pleased to admit him into your Presence and if he doth not shew that it is for your Majesty's Honour and Interest to preserve him from this sad Oppression he will not complain though he be left to be destroyed The Trial of Charles Bateman Chirurgeon At the Session's-House in the Old-Baily on Wednesday Decemb. 9.1685 HIS Indictment was for High-Treason in conspiring the Death of the late King To which after some offer to have said something for himself in order to put off his Trial which Mr. Recorder would not admit of he pleaded Not Guilty Then urging his unpreparedness want of notice of his Trial and great indisposedness by reason of his close Imprisonment for ten Weeks he desired his Trial might be put off but it would not be granted His Jurors were Richard Aley Esq Richard Williams John Cannum Patrick Barret John Palmer James Raynor Edward Redish George Lilburn Daniel Fouls Peter Floyer Lawrence Cole John Cooper To whom the Indictment being read Mr. Phips Counsel for the King opened the Case and was seconded by Mr. Serjeant Selby and Mr. Charles Moloy Then Josias Keeling being called and sworn deposed in general concerning his being at divers Meetings wherein the Methods had been proposed about an Insurrection and that the Prisoner was looked upon as a Person fitting to manage one Division in order thereto c. but could not particularly charge him with any thing upon his own knowledg Thomas Lee deposed that Mr. Goodenough told him The Prisoner was to manage one Division and going to him about it from Mr. Goodenough he plainly perceiv'd he was no stranger to it nor bogled to give his Assent and seemed very desirous to speak with Mr. Goodenough about it That going one day with the Prisoner to the late Duke of Monmouth's House the Prisoner after he had had some Discourse with one of the Duke's Servants came to him and told him the Duke was willing to engage in the Business and assur'd him that he had divers Horses kept in the Country to be in a readiness when Matters should come to Extremity That from thence going with him to the King's-Head Tavern they had Discourse to the same effect there That from thence to the Devil-Tavern where the Prisoner proposed the seizing the City Tower Savoy White-Hall and the Person of the late King and promised not to be wanting therein That at another time meeting him at the Half-Moon Tavern in Aldersgate-street the design of all which
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
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
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
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
Plot being then present how that on December 23 1678. he meeting Mr. Dugdale at Stafford upon business he perswaded him to discover and got him examin'd that day and afterwards more fully the next day After him one Mr. Thomas Mort who had been Page to the Lord Powis deposed that he saw Turbervile at Paris and knew he convers'd with the Lord Stafford whom he knew not and came with him to Diep to go over with him and my Lord for whom they waited a fortnight much to their Inconveniency and therefore he or some of the Company said Cursed is he that relies on a broken Staff alluding to the Lord Stafford's Name That Turbervile then told him if he went to Calice he might go over with my Lord but how he came to know that he knew not but he got another opportunity and so came over Then Mr. Powel a Gentleman of Greys-Inn deposed that he heard him mention his knowledg about the Plot about a Year ago but that he did not think fit then to reveal it for fear of his Brother's Anger and because some of the Witnesses had been discouraged and he was afraid he should be so too Then Mr. Arnold one of the Members of the House of Commons deposed that he knew Mr. Turbervile to be a very civil honest Gentleman and that the reason he discover'd no sooner was he told him because the Witnesses that were come in were in danger of their Lives and were discouraged and as long as the D. of York had so great a Power in the Council and the Lady Powis's Brother in those Parts he lived which his Lordship usually calls his Province he durst not for his Life Then Mr. Hobby being sworn gave a very good Character also of Mr. Turbervile whom he had known four Years Mr. Matthews a Divine being sworn gave him likewise a good Character and that he had often discoursed with him and found him inclinable to come off from the Roman Religion and that he had known him four Years Mr. William Seys being sworn said he never heard nor knew any ill by Mr. Turbervile whom he had known two Years Captain Scudamore deposed much the same as to Mr. Turbervile's Credit Then whereas the Lord Stafford had brought his Servants to prove he had not been lame of so long a time the Lords Stamford and Lovelace deposed that they had observed him lame within less than seven Years which his Lordship excused saying it was only his Wearines And here the Managers resolving to call no more Witnesses urged the Prisoner to sum up his Defence that the Process might be closed But he called Mr. Whitby again asking him if he had not once complained of Dugdale to the Lord Aston telling him he was a Knave Mr. Whitby confessed he told the Lord Aston that Dugdale was a Dishonour to his Family in not paying People their Mony when they came for it But he was told afterwards it signified nothing for that the present Ld. Aston would hear nothing against him Then the Ld. Stafford gave into the Court Wright's Letter who being called owned his hand saying That was one which he was hired to write which intimated as if Dugdale had suborned him to swear false c. Then the Prisoner being urged to conclude he protested his Unreadiness and Weakness whereupon the Court broke up and the Lords sent a Message to the Commons that to morrow morning at 10 they had ordered the Prisoner again to the Bar. The fifth Day SAturday December the 4th 1680. About 10 the Court being sat and the Prisoner call'd upon to sum up his Defence he prayed leave to call a few Witnesses more which after some Debate and his Lordships Weeping was admitted And then the Lord Ferrers was called upon to speak his Knowledg of Southall who said he could only speak by hear-say that he had been an active Man in the late times against the King and is counted a pernicious Man against the Government The Lieutenant of the Tower also was called and testify'd that Dugdale coming to make up his Accounts the Lord Aston desired the Lieutenant to be present who said he did not understand Accounts but would get one that did whereupon Dugdale said he would come another time but never did that he saw or heard of The Prisoner began to sum up his Defence and ended with proposing these five Points of Law 1st That there is no precedent for criminal Proceedings to be continued from Parliament to Parliament as this had been to three 2ly Whether in capital Cases they can proceed upon Impeachment and by Indictment first found by the Grand Jury 3ly There is a defect in the Impeachment there being no overt Act alledged 4ly The Witnesses by Law are not competent because they swear for Mony And not having proved him a Papist whether he can be concern'd as to the Plot in general 5ly That there ought to be two Witnesses to every point Thus concluding the Managers vindicated Mr. Southall's Credit sufficiently by the Depositions of the Lord Brook and Mr. William Leveson-Gower who knew him very well to be an honest able good Man and of the Church of England and an eager Prosecutor of Papists Then Sir William Jones one of the Managers summ'd up the Evidence very largely and Mr. Powle another of them proceeded and Serjeant Maynard answered his matters in Law shewing to the third several Overt Acts as receiving a Commission being at Consults and hiring Persons to kill the King To the 2d That an Impeachment of the House of Commons is more than an Indictment To the 1st That what is once upon Record in Parliament may at any time be proceeded upon And then Sir William Jones spoke again And to the 5th said there needed but one Witness to one Act and another to another where the several Acts as here fall under the same head of Treason And to the 4th that he had not proved and however that what Mony the Witnesses had was for their Maintenance only Sir Francis Winnington spoke also to the same heads And then the Prisoner urged that his Counsel might be heard as to those Points who were Mr. VVallop Mr. Saunders and Mr. Hunt and the first proposed to be handled being the last Mr. VVallop excused himself from speaking to it because it lately had been determin'd in the inferiour Courts Then the Lords adjourned into the Parliament Chamber to consider the Points the Commons staying and returning after about an hour the Lord High Steward declared that it was the Lords Will that all the Judges present should give their Opinions whether the 5th Point was doubtful and disputable or no. Then all the Judges consulted privately together and afterward gave their Opinions in the Negative Seriatim first the Ld. Ch. Justice North the Ld. Ch. Baron Montague Mr. Justice VVyndham Mr. Just Jones Mr. Just Dolben Mr. Just Raymond Mr. Baron Atkins Mr. Baron Gregory Mr. Baron VVeston and Mr. Just Charlton After
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
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
was his unhappiness he had no Witnesses to call The Ld. Ch. Justice therefore in a few words summing up the Evidence the Jury presently brought him in Guilty The Trial of Capt. William Blague at the Old-Baily on Friday July 13. 1683. THE Prisoner having been Arraigned the day before and pleaded Not Guilty to an Indictment for High-Treason for conspiring the Death of the King and subversion of the Government was then and there set again to the Bar and making no Challenges the former Jury was sworn viz. Robert Beddingfield John Pelling William Windbury Theophilus Man John Short sen Thomas Nicholas Richard Hoare Thomas Barnes Henry Robins Henry Kemp. Edward Raddish Edward Kemp. To whom the Indictment being read and briefly opened by Mr. North and Serjeant Jefferies Thomas Leigh deposed That the Prisoner in discourse with him and Goodneough about seizing the Tower told them that the only way was to do it with Mortar-Pieces that he would venture his own Ship and provide 200 Men and lay his own Ship on Southwark side and make up his 14 Guns he had already 24 and would undertake once in 20 times to dismount the five Pieces that fac'd towards Southwark-side That he ask'd Goodenough what Mony was provided who answering 40000 l. He answered the Seamen would swallow that up presently to which Goodenough replied there was more provided at any time Mate Lee swore That the Prisoner told him as they were in a Coach together that one of these days they should have a Ball to toss which afterwards he understood by Rouse and Leigh was the Ball that was to be toss'd on Black-Heath That about six Weeks ago Capt. Blague and he walking about the Tower and discoursing of seizing it his way was to scale it but the Captain said the best was to shoot Mortar-pieces on Southwark-side but about the Ship he could say nothing The Prisoner's Defence was That his Business with Rouse was to procure him Mony as being a Broker which brought him sometimes into Goodenough's Company but that he never discours'd about any Publick Affairs and as to the seizing the Tower it was only accidental Discourse And as for his 200 Men it was impossible his Vessel being but a Pink which had been in his Possession but three Weeks and what Arms he had he bought therewith and that he never heard any thing about either a Ball or Bank of Mony Calling his Witnesses Mr. VVright declared That he had waited on the Captain ever since he had been shipp'd and was in his Pay before he had the Ship in possession Robert Chappel Carpenter declar'd The Vessel was not able to do any Service three Weeks ago and that he had been shipp'd four Months and an half to go for New-York One Bellinger the Chirurgeon declared That he had belonged to the Ship seven Weeks and to the Captain before he had a Ship and for Guns belonging to the Ship there were fourteen Saker-Guns of which four were Wooden ones six above Deck and four in the Hold. The Lord Chief Justice then summ'd up the Evidence taking notice to the Jury that these Men belonged to the Captain a great while ago and that there was only one Evidence that did affect him Wherefore the Jury Withdrawing in a short time returned and brought him in Not Guilty THE next day being Saturday July 14. 1683. the Lord Russel Capt. VValcot Mr. Rouse and VVilliam Hone were brought to the Bar to receive Sentence Where the Lord Russel desired to hear his Indictment read in English which was granted and thereupon demanded an Arrest of Judgment because there had been no Evidence of his conspiring the Death of the King as it was in the Indictment but only of levying War But the Verdict being past the Court told him they must go by what the Jury had found and not the Evidence and therefore Sentence was pass'd upon him to be Drawn Hang'd and Quarter'd Capt. VValcot had nothing to say but desired that his Son and some Friends might come and see him Hone had no more to say but begg'd the same favour Rouse insisted on some Disadvantages he had when he came on his Trial and some difference between the Indictment and their Oaths but Verdict being past Judgment was given against them three as against the Lord Russel And upon Friday July 20. following VValcot being drawn to Tyburn in one Hurdle and Rouse and Hone in another and there put into a Cart attended by Dr. Cartwright the Dean of Rippon and the Ordinary of Newgate who urged them much to discover all they knew of the Plot after they had spoke to the People were executed accordingly The next day being Saturday July 21. the Lord Russel having taken leave of his Lady the Lord Cavendish and several others of his Friends at Newgate took Coach with Dr. Tillotson and Dr. Burnet who accompanied him to the Scaffold built in Lincolns-Inn-Fields where he deliver'd his Speech to the Sheriff and after some Preparation he ordered the Executioner after he had lain down a small moment to do his Office without a Sign and so his Head at three blows was severed from his Body and ordered by the Sheriff to be delivered to his Lordship's Friends and Servants as being given them by his Majesty's Favour and Bounty The Trial of Algernon Sidney Esq before the Lord Chief Justice Jeffreys at the King's-Bench Bar at Westminster on the 7th 21st and 27th of November 1683. UPON Wednesday Nov. the 7th 1683. Algernon Sidney Esq was arraigned at the Kings-Bench Bar upon an Indictment of High Treason for conspiring the Death of the King and intending to raise a Rebellion in this Kingdom Which Indictment he excepted against as erroneous several Crimes being put together therein distinct in nature one from another and distinguished by Law offering to the Court a Parchment wherein were his Exceptions to the Bill but it was refused and he sorced to plead which he did at length Not Guilty And then he desired a Copy of the Indictment which was denyed him but upon his Request it was read to him again in Latin and his Trial appointed to be on Wednesday Novemb. the 21st 1683. Then and there the Prisoner again appearing he desired Pen Ink and Paper and that Mr. VVinn and Mr. Gibs might write for him which were granted him and then he shewed the reason he had before to desire a Copy of his Indictment which the Lord Stafford and the other Lords in the Tower had urging it for Law upon the Statute of 46 Edw. 3. But the Court over-ruled it Then the Clerk of the Crown called the Jury and after several Challenges the Jurors were John Anger Richard VVhite VVilliam Linn Lawrence VVood Adam Andrews Emery Arguise Josias Clerke George Glisby Nicholas-Baxter VVilliam Reeves VVilliam Grove John Burt. To whom the Indictment being read Mr. Dolben opened the same and the Attorney General opened the Evidence and then Mr. VVest was called against whom the Prisoner excepted
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