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
Majesty's gracious Government So shall your Petitioner ever pray c. This being read the Bishop return'd and the Chancellor told him they were not concerned in it and asked him If he desired his Answer should be read The Bishop said Yes saying that what he did therein was by Advice of Counsel and therefore hoped would not be interpreted to be done maliciously or obstinately And that in effect he did what the King commanded to be done having advised Doctor Sharp to forbear Preaching till his Majesty had received Satisfaction concerning him and accordingly that he had forborn in his Diocess Then the Bishop's Paper was read which contain'd the King's Letter and Bishop's Answer thereto The King's Letter Dated Monday July 14. 1686. Delivered at Fulham on Thursday June 17. in the Afternoon by Mr. Atterbury the Messenger JAMES R. RIght Reverend Father in God We greet you well Whereas We have been informed and are fully satisfied that Dr. John Sharp Rector of the Parish Church of St. Giles in the Fields in the County of Middlesex and in your Diocess notwithstanding Our late Letter to the most Reverend Fathers in God the Arch-Bishops of Canterbury and York and Our Directions concerning Preachers given at Our Court at White-hall March 15. 1685. in the Second Year of Our Reign yet he the said Dr. John Sharp in contempt of the said Orders hath in some of the Sermons he hath since preached presumed to make unbecoming Reflections and to utter such Expressions as were not fit or proper for him endeavouring thereby to beget k the Minds of his Hearers an evil Opinion of Us and Our Government by insinuating Fears and Jealousies to dispose them to Discontent and to lead them into Disobedience and Rebellion These are therefore to require and command you immediately upon receit hereof forthwith to suspend him from further Preaching in any Parish Church or Chappel in your Diocess until he has given Us Satisfaction and Our further Pleasure be known herein And for so doing this shall be your Warrant And so We bid you heartily farewel Given at our Court at Windsor June 14. 1686. in the Second Year of Our Reign By His Majesty's Command SVNDERLAND The Bishop of London's Answer sent by Dr. Sharp to the Earl of Sunderland then at Hampton-Court on Friday June 18. Who could have no Answer To the Right Honour able the Earl of Sunderland Lord President c. My Lord I Always have and shall count it my Duty to obey the King in what-ever Commands he lays upon me that I can perform with a safe Conscience But in this I humbly conceive I am obliged to proceed according to Law and therefore it is impossible for me to comply because though his Majesty commands me only to execute his Pleasure yet in the Capacity I am to do it I must act as a Judg and your Lordship knows no Judg condemns any Man before he has knowledg of the Cause and has cited the Party However I sent to Mr. Dean and acquainted him with his Majesty's Displeasure whom I find so ready to give all reasonable Satisfaction that I have thought fit to make him the Bearer of this Answer From him that will never be unfaithfull to the King nor otherwise than My Lord Your Lordships most humble Servant H. LONDON After this the Chancellor ask'd the Bishop if he had any more to say Who then desired his Counsel might be heard by whom they would have more clear and full Satisfaction concerning what he had said Whereupon the Bishop was desired to withdraw and after half an hour he and his Counsel were called in who were Dr. Oldish Hodges Prince and Newton Dr. Oldish pleaded That the King's Letter did not take cognizance of the Cause so that it could not be an absolute Suspension because that supposeth a Proof of the Crime charged upon him That there was no such word in their Laws as suspend from Preaching which therefore must be meant silencing and this the Bishop did and in such a Method as is observed in their Courts Dr. Hodges then pleaded That the Bishop had done what the King commanded and that he could not Suspend which is a Judicial Act without first a Citation and Hearing which is the Method of proving before all Courts and appeared to be so in this otherwise the Bishop needed not to have been cited before them And that in returning the King an Answer why he did not do what he commanded him he did but what was his Duty and what was Law Dr. Price pleaded that a Citation was Jure Gentium and could never be taken away by any Positive Command or Law whatsoever that therefore the Bishop had obeyed the King so far as he could in that he had silenced the Doctor the Advice of a Bishop being in some sense an Admonition which is a Judicial Act and was given by the Bishop and obeyed by the Doctor Dr. Newton pleaded that the Bishop had obeyed the King for as in Nature no Man can be desired to do what is impossible so no man can be obliged to do an unlawful Act which Suspension without Citation and Hearing is That the Bishops are Custodes Canonum and therefore must not break them themselves That he had done what was in his Power to do and it was in effect what the King commanded to be done For where he did Rescribere and heard not the further Pleasure of the King returned he ought to conclude the King was satisfied with what he had written according to his Duty and the King had altered his Commands Then the Bishop of London said If he had erred in any Circumstance he was very ready to beg his Majesties Pardon and would be ready to make any reparation he was capable After which the Bishop withdrew for half an Hour and then being called in was desired to attend the Court again on Sept. 6. So the Bishop desiring that care might be took concerning the Minutes taken by the Clerks of what passed that he might not be misrepresented to the King by the Mistake of the Pen-man he went away While the Counsellors were pleading Dr. Pinfold the King's Advocate stood at the Chancellor's Elbow and took Notes by which it was expected that he should make a Reply but he said nothing and 't is supposed that he staid with the Council when the Bishop withdrew and gave them Reasons for his silence On Monday Sept. 6. 1686. There being present in Council the same as before and the Bishop appearing he was desired to sit down and hear his Sentence which to prevent Mistake they had ordered to be put in Writing The Bishop then would have spoke but was not suffered And then Mr. Bridgman their Register read the Instrument whereby the Bishop of London was suspended from the Execution of his Episcopal Office upon pain of Deprivation during his Majesties Pleasure sealed with their Seal but signed by no Body at all And some day after one of the
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
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