and he should have a Pardon and that if the King did deny it as he durst not they would rise upon him and force him After him Bernard Dennis being sworn gave some account of his first coming into England and how he began his Acquaintance with the Earl of Shaftsbury and was recommended by him understanding him to be a Clergy-Man to Dr. Burnet and afterward to Mr. Ferguson in order to the bringing him over and how my Lord proffer'd him a Benefice And that one time being with him my Lord asked him How many there might be of his Name in his Country and told him that he would have him to advise those of his Name and Friends to be in a readiness when-ever occasion shall serve to stand by and assist the Common-Wealth of England for that they did really intend to have England under a Common-Wealth and would extirpate the King and all his Family as near as they could And said he admir'd at the Irish Nation to be such Fools for that it was very certain that King James Queen Elizabeth King Charles the First and the King that now is does wrong them to very Destruction But that a Common-Wealth would take more pity of them than any do now in this time wherein the King governs Here the King's Evidence ceasing the Jury enquired upon what Statute the Indictment was grounded and whether any of these Witnesses stood indicted To which the Court returning a satisfactory Answer they withdrew and the Court adjourned till three of the Clock When being sat again the Witnesses were all called one by one and examined by the Jury concerning what they had severally deposed Wherein nothing was remarkable but what they examin'd Mr. Secretary Jenkins Whether he heard not a Debate in the House of Commons about an Association And that Booth acknowledged himself to be in Orders tho now not Beneficed Turbervile and John Macnamarra that though they signed the Petition to the Common-Council for some Maintenance and that they were tempted to revoke their Evidence yet never read it nor knew what was in it And that Haynes further said That he heard the Lord Shaftsbury say at a Pastry-Cook's Shop in Iron-Monger Lane that the King had no more Religion than an Horse That when he came came first to England he was inclined to Popery but since he was degenerated from all the Principles of Christianity being just like a perfect Beast The Witnesses being examined the Jury withdrew and took the Statute-Book with them and returned the Bill Ignoramus Upon which the People fell a Hollowing and Shouting which Mr. Attorn Gen. desired might be recorded The Trial of Charles John Count Conningsmark Christopher Vratz Captain John Stern Lieutenant and Charles George Borosky alias Boratzi before the Lord Chief Justice Pemberton At the Old-Baily on Tuesday February the 28th 1681. THE Prisoners then and there appearing were Arraigned for the barbarous Murder of Thomas Thynn Esq And being Foreigners Mr. Vandore and Sir Nathaniel Johnson were sworn Interpreters They pleaded Not Guilty and desired their Jury might consist of half Foreigners which was granted And the Count desired his Trial might be put off a day or two and that he might be tried by himself neither of which were granted Then after some Challenges on both sides the Jury sworn were Sir William Roberts Bar. Moses Charas Gent. Richard Pagett Esq Charles Beelow Gent. George Hocknal Esq Peter Vandenhagen Gent. Walter Moyle Esq Christopher Ripkey Gent. Thomas Henslow Esq Daniel Griggion Gent. John Haynes Esq John Lebarr Gent. To whom the Indictment was read and Mr. Keen and Sir Francis Withens opened the same and then William Cole deposed That on Sunday Feb. 12. about a quarter after Eight at Night his Master Thomas Thynn Esq was coming up St. James-Street from the Countess of Northumberland's and he was walking with a Flambeau in his Hand before the Coach and coming along at the lower end of St. Albans-Street he heard the Blunderbuss go off and turning his Face back saw a great Smoke and heard his Master cry out he was murdered and saw three Horsemen riding away on the right side of the Coach whom he pursued and cried out Murder He ran to the upper end of the Hay-Market till he was quite spent and then turning back again his Master was got into the House whom he understood was wounded One of the Men was upon a little Bay Horse William Ellers deposed That then and there he coming with his Master from the Lady Northumberland's there came three Men riding by the right side of the Coach and as they rid one of them turned about and said Stop you Dog And just as he looked about the Fire was let into the Coach upon his Master and the Men ran away as fast as they could and that he could not know any of their Faces Mr. Hobbs the Chirurgeon deposed That he was with Mr. Thynn about nine or ten a Clock that Night he was wounded and found him shot with four Bullets which entred into his Body tore his Guts and wounded his Liver and Stomach and Gall and broke one of his Ribs and wounded the great Bone below of which Wounds he died and believed there as never a Wound but was Mortal He shewed the Court the four Bullets two of which he thought might be Iron one he found in the Stomach one between the Ribs and the Skin and two were lodged in the Back-bone Then Mr. White the Coroner deposed That on Feb. 13. he sat upon the Body and found four Holes on the right Side behind his short Ribbs as if made with Bullets and he gave order to open the Body and saw Mr. Hobbs take out the four Bullets Boresky being then told what was said replied That he fired the Blunderbuss but did not know how many Bullets there were because he did not charge it but he could tell who did But the Ld. Ch. Justice said that would not be material because his Evidence could charge no Body but himself Then Mr. Bridgman and Sir John Reresby deposed That Borosky Vratz and Stern were examined by them and proffer'd to read their Examinations but the Ld. Ch. Justice would not suffer it because their Evidence could charge no Body but themselves and he would not let the Jury be possess'd by that which is not Evidence And therefore they were only suffer'd to help their Memories by the Examinations and to mention only what they had confessed as to themselves Therefore they said that Borosky then confessed that he came into England at the desire of Count Conningsmark But here the Ld. Ch. Justice interrupted again the Evidence and bid Mr. Bridgman only relate his Confession as to himself which was That he fired the Musquetoon by the Captain 's Order who had before bid him to fire as soon as ever he stopped the Coach Capt. Vratz confessed that he came with a Design to fight Mr. Thynn having sent him Challenges by Post from
end of February last and desired him to get him a Copy of his Master's Papers and take a Journal of his Actions and the Names of the Persons that came to him and that the Lord Treasurer would incourage him for his pains saying That Oates and Bedloe were two great Rogues and that the King knew them to be so and believed not a VVord they said and as soon as he had heard all they could say they should be hang'd Then Mrs. VViggens deposed the same as being present all the time that Knox was with her Son who refused that her Son should consent or go then with him as Knox motion'd to the Lady Danby for assurance of Encouragement and any Place in her Lord's disposal Then Mr. Palmer a Yeoman o th' Guard and one that attended Mr. Bedloe and got VViggens into his Service deposed That Mr. Wiggens made a discovery to him of what Knox had said to him for to acquaint his Master with which he did Then Mr. Thomas Dangerfield deposed That he in June was imployed by the Lady Powis to look after the Prisoners Lane and Knox in the Gate-House and did furnish Lane with Mony and got him bail'd out after which he was entertain'd at Powis-House and then removed and had 10 s. a week allowed him and was clothed That Knox afterward got his Liberty by the means of one Mr. Nevil who was furnished with Mony from the Lords in the Tower for that end From this Knox he received several Papers which were Informations against Oates which he sent to the Tower and thence they were sent to Mr. Nevil to enlarge upon and after to the Ld. Castlemain and then to him again by Mrs. Celier with an Order to draw up an Affidavit according to those Directions and get Lane sworn to the same which he did before Sir James Butler it being about Buggery and then he deliver'd the Papers so enlarged to Knox again Who some time after inform'd the Witness that he had got Osborne sworn also to the same Informations and shew'd him the Affidavit whereof he gave an Account to the Lady Powis who understanding his Poverty order'd him Encouragement and accordingly he has 40 s. from the Witness which he believed came from the Tower as also that 10 s. a Week allowed for Lane An Indictment was hereupon to have been drawn up against Oates by the Advice of Mr. Nevil and this Witness against this Term. Then the King's Counsel moved for the reading of these Information The Justices swore them and then the Information of Knox was read which was a relation how Osborne and Lane brought him the Information against Oates desiring him to assist them in getting them sworn to them A Second Paper was offered to be read but there appearing Scandalous Matter to be in it reflecting on the King the Court thought not fit to suffer any more to be read And so the Counsel for the Defendants were called upon to speak Accordingly Mr. VVithens Mr. Saunders and Mr. Scroggs endeavoured to defend their Client Knox by throwing the Guilt upon Lane and Osborne as if they had induced him in and he only acted for them out of Simplicity and great Innocency And to this end they produced Lane's Mother and Sister to shew that Lane and Osborne applied themselves to Knox first Mr. Holt. and Mr. VVilliams were of Counsel for the Defendant Lane who endeavour'd in requital to throw the Guilt upon Knox as being tâ—â— Inducer making it a Battel Royal where every one has two Enemies to oppose But the Case being clear the Court thought it needless to sum up the Evidences or the Jury to go away from the Bar so laying their Heads together they presently declared them Guilty At which the People gave a great Shout and the Prisoners were taken into the Marshal's Custody The Trials of Lionel Anderson alias Munson William Russel alias Napper Charles Parris alias Parry Henry Starkey James Corker William Marshal and Alexander Lumsden a Scotchman at the Sessions-house in the Old-Baily on Saturday Jan. 17 1679. THese Prisoners then and there appearing their Indictment was for High-treason as Romish Priests upon the Statute of 27 Eliz. cap. 2. David Joseph Kemish who was arraigned with them for the same Offence after he had pleaded was set aside by reason of Sickness Corker and Marshal both pleaded that they had been already tried and acquitted for this Offence but the Court convinc'd them to the contrary it being another Fact The Jury then sworn were John Bradshaw Lawrence VVood Matthew Bateman John Vyner Francis Mayo Martin James Anthony Hall Samuel Jewel Richard Bealing Thomas Hall Richard Bromfield Samuel Lynne To whom the Clerk of the Crown read the Charge against Lionel Anderson all the rest being set away and Roger Belwood Esq opened the Indictment Sir John Keiling pursued the Charge and Serjeant Strode all of Counsel for the King in this Cause managed the Evidence And then Mr. Dangerfield swore against him That when he was a Prisoner in the King's-Bench for Debt this Anderson shew'd him a Letter from the Lady Powis which was to desire the Witness to scour his Kettle which was to confess and receive the Sacrament to be true to the Cause The next day accordingly he went into Anderson's Chamber to Confession and received Absolution and the Sacrament from another to whom Anderson sent him that was saying Mass at that time After which returning to Anderson again he told him that he as a Priest did give him free Toleration to go and be drunk with one Stroude being for the good of the Cause he being to bring over this Stroude to be a Witness for the Lords in the Tower to invalidate Mr. Bedloe's Testimony Dr. Oates deposed that he was a Priest a Dominican Friar that he had heard him say Mass seen him consecrate the Sacrament been at Confession with him and seen his Letters of Orders as a Priest which he confess'd to him he had from Rome and that he was an English-Man and the Son of an English Gentleman Mr. Bedloe deposed That he was a Priest and an Englishman and Mr. Anderson's Son of Oxfordshire and he was told that he had heard him say Mass and seen him administer the Sacrament at some the Embassadors House Mr. Prance deposed That he had heard him say Mass several times at VVild-house and had seen him there take Confessions and give the Sacrament having known him seven Years To this Prisoner pleaded that it had not been proved that he was an English-man tho his Speech betrayed him and confess'd his Father was a Lincolnshire-Man and that he had been countenanc'd by the King and his Council and known to most of the dignify'd Clergy-men and if the Parliament had not been dissolved he had been protected by them for his writing against the Temporal Power of Rome and that he was therefore excommunicated by the Church of Rome and had not said Mass in any Parish Church this ten Years
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
Holland for speaking ill of Count Conningsmark who was his Friend and of himself at Richmond and that he could never receive Satisfaction and therefore he came to force him to fight and took the other two with him as his Servants Mr. Thynn being a Gentleman that had always a great many Servants about him to carry-him off in case he should be knock'd on the Head or be hindred from escaping resolving to make a Rencounter of it because Duels he understood were forbid in England Owning that he did stop the Coach but that the Polonian fired by mistake he not bidding him fire unless he should be hindred from fighting or making his escape That Lieutenant Stern confessed that Captain Vratz told him he had a Quarrel with an English Gentleman and that if he would assist him in it he would make his Fortune and gave him Mony to buy the Blunderbuss and he went out with the Captain and Polander on Horse-back about five or six a Clock on Sunday and when they were got into the Pall-mall he heard the Captain say to the Coachman Stop and turning immediately being then nine or ten Yards before the Coach he saw the Shot go off and they riding away he followed them And that before the Polander came over the Captain desired him to get an Italian to stab a Man Then Mr. Frederick Hanson Governour to Count Conningsmark's younger Brother in his Travels deposed That he saw the Count at the Post-house when he arrived which was about a Month since his first Lodgings he took in the Hay-Market where he was about a week incoginto by the Name of Carlo Cusk thence removed to another Lodging though but for a few Days because the Chimney smoked and thence he removed into St. Martin's Lane where he saw him and particularly that Night Mr. Thynn was kill'd where his Physician was with him and Capt. Vratz who came into England with the Count. Then being ask'd about the Message he carried from the Count to the Swedish Resident he very difficultly and shufflingly tho he was shewed his Examination before the Council acknowledg'd that the Count had discours'd to him about calling Mr. Thynne to Account and what the Laws of England would be in case he did and desired Monsieur Lienberg's Opinion concerning it and especially in relation to the Lady Ogle That the Polander was brought to him on the Friday and the next Morning he brought him to the Count's Lodgings and as employed to buy a Coat and Sword for him which he did That the next Evening being Sunday coming from White-hall he call'd of the Count and told him the News of Mr. Thynne's Murder and that the Count asked him what the People said he said the King was heartily sorry and angry at it Then John Wright deposed That the Polander came into England the 10th day of this Month and he brought him the same day to young Count Conningsmark's Lodging at Faubert's Academy to Mr. Hanson who after half an hours Discourse with the Polander desired him to take him back with him again and bring him betimes to him again the next morning because he must dispatch him about his Business He did accordingly and the Polander carried with him his Sea-bed a Portmantle and a Gun with a Wheel-lock and some other things and went to an Ale-house hard by the Academy and the Polander stepping out fetch'd Mr. Hanson who paying him for his trouble he never saw them afterwards Then Dr. Frederick Harder deposed That when the Count came first to Town he sent for him by Capt. Vratz that he found the Count then indispos'd and willing therefore to lie incognito that he might take Physick which he administer'd to him That on the Saturday he brought the Polander to the Count's Lodgings to Capt. Vratz and at the same time shew'd the Count a Letter from Capt. Vratz which he said was only that he should come and speak with the Count That on Sunday night about 9 a Clock he was with the Count again and Mr. Hanson was there and Captain Vratz for a little while but that they knew nothing of the Murder then Thomas Howgood deposed That he sold the Sword on the Saturday to Mr. Hanson Mr. Robert French deposed That the Count lodged at his House 3 or 4 days in the Hay-market where the Doctor and the Captain came oft to him but he did not then know who he was Ann Prince Mr. French's Maid deposed That the Count lodged from Friday to Wednesday at her Masters and that Capt. Vratz used to lodg there too Francis Watts a Boy of about 15 Years old deposed That he was hired to wait upon the Count and was with him eleven days That he saw the Polander with his Master on the Saturday and dined there with the Servants and lodged that Night in the Garret That on the Sunday Morning Mr. Hanson sent a Sword which was given to the Polander That the Count ask'd him that morning if it were suffered for any to ride about the Streets on Sundays That on Sunday morning the Polander went away with this Sword a new Coat and Boots under his Arm and the Doctor with him who being called again said he could not remember whether it was Saturday or Sunday Morning that he fetch'd away the Pole from the Count's That on Monday morning the Boy told the Count one of the Murderers was taken after which a Stranger came in and he never saw his Master afterwards Thomas Watts the Boy 's Father deposed That on Monday Morning the Count's Man deliver'd to him 2 Portmanteau's to carry to Charing-Cross where they were put into a Coach he telling him they were going for Windsor but that he did not see the Count that morning Derick Raynes a Swede deposed That the Count lodged at his House in Rotherith from Monday till Thursday when he went down the River for Graves-end and borrow'd some Clothes of him and said he was afraid of coming into Trouble Richard Chappel deposed That he rowed the Count in a Sculler on Thursday to Deptford whither Raynes went with him and thence the next day to Greenwich and then to Greenhithe and the next day to Graves-end for which he was to have 5 s. every 24 Hours the Count telling him he was a Merchant and had bought Jewels Then Mr. Kid deposed how he and Mr. Gibbons upon information where the Count was went on Saturday to Raynes and thence to Graves-end where they got on Sunday Night and took the Count just as he landed and his Cap and Perriwig then fell off He owned his Name and as they brought him up the Water and discoursing about Mr. Thynne's Murder saying That he had seen the Murderers in Newgate The Count asked him what Lodgings there were in Newgate as if the Captain had a good Lodging and confessed any thing That he told him the Captain confessed some Particulars but that the Polander had confessed and wept mightily Whereupon the Count
Then Mr. Spekes Servant was sworn who related the surprize of his sudden Journey but that Mr. Braddon having got another to go with him he came back to his Master again Then the Ld. Ch. Justice asked the Defandants what they had more to say Mr. Braddon refused to say any thing Mr. Speke urged his Innocency of conspiring with Mr. Braddon that his being concerned was but accidental and a surprize to him and that what he did was neither designedly nor with any ill Design Then Mr. Braddon desired the Jury to take notice that there had been nothing proved of evil Practices used by him to perswade these Witnesses to testify a Falshood and desired them to take no ether notice of any thing that had been or should be spoken but what had been proved Then the Ld. Ch. Justice summ'd up the Evidence representing the Crime very odiously as carrying all the Venom and Baseness the greatest Inveteracy against the Government that ever any Case did that he ever met with Insinuating That because the King and the Duke were walking in the Tower that day and near that time when this unfortunate thing happened now it must be whispered as tho the King and the Duke had designed this Murder And that there was Digitus Dei in this Accident and it was enough to satisfy all the World of the Conspiracy c. After he had finish'd his long Speech full of such-like Expressions the Court arose and the Jury afterwards gave in a private Verdict which the next Morning was repeated in Court and recorded And by that Verdict they found Mr. Braddon Guilty of the whole Matter charged upon him in the Information and Mr. Speke Guilty of all but the Conspiracy to procure false Witnesses and of that they found him Not Guilty And on Monday April 21. 1684. the Defendants being brought to the Bar their Counsel moved in Arrest of Judgment but Judgment being recorded it was too late and not admitted though it was before by consent agreed for the Defendants this day to move Then after Mr. Justice Withens and the Ld. Ch. Justice had severely upbraided Mr. Braddon's Impudence because he shewed no sorrow but still protested his Innocency and having consulted about the Sentence Mr. Justice Withens pronounced it first aggravating Mr. Braddon's Crime as if he had endeavoured to make the King concern'd in the Murder and would insinuate a Sham-Plot to take away Innocent Protestant Lives telling the Court for this Offence set upon Mr. Braddon the Fine of 2000 l. and order that he find Sureties for his good Behaviour during Life and that he be committed till this be performed And for Mr. Speke whom they had considered not so Guilty they thought fit to set upon him the Fine of 1000 l. and that he find Sureties for his good Behaviour during his Life and be committed till he perform it After which they were carried away to the King's-Bench The Trial of Sir Samuel Bernardiston Bar. before the Lord Chief Justice Jefferies at Guild-Hall London on Thursday Feb. 14. 1683. THen and there the Defendant appeared for his Trial upon an Information preferred against him in Hillary Term last for a High Misdemeanour in Scandalizing and Vilifying the Evidence in the late Plot in several Letters c. To which he had pleaded Not Guilty And the Jury now sworn were Thomas Vernon Percival Gilburn Edward Bovery William Withers James Wood. Robert Masters Samuel Newton George Torriano Kenelm Smith Thomas Goddard Thomas Amy. Richard Blackburn To whom the Information being read Mr. Poultney Mr. Recorder and Mr. Herbert being of Counsel for the King in this Cause opened the same And then to prove him the Author Mr. Blathwayt was sworn who deposed That Sir Samuel Bernardiston upon Decemb. 10. last did before the King and Council own three of the Letters there in Court to be of his own hand-writing Nor did he deny but that he had publish'd and sent them Mr. Atterbury deposed That he also heard him then own three of the Letters to be written by him and that they were superscribed by one of his Servants and so ordered to be sent to the Post-house And that while he was in his house he heard him say he wondered how they were taken since they were sent to Sir Philip Skippon Then Nehemiah Osland deposed that he superscibed two of them Letters by Sir Samuel's Order as his Servant and that he wrote one of the four out of a Copy given him by his Master and writ by him to go into the Countrey and then as was usual left them in a Window to be carried to the Post-house Then the four Letters were read the first was that transcribed by Osland directed to Sir Philip Skippon Kt. at Ipswich and dated Novemb. the 29 1683. Sir The Return of the D. of Monmouth to White-hall and his being received into extraordinary favour of his Majesty hath made a strange Alteration of Affairs at Court For those that before spake of him very indecently now court cringe and creep to him His Grace complained to the King of the scandalous Misrepresentation that was made of him in the Monday's Gazet upon which the Gazetteer was called to account for it who alledged for himself that a Person of great Quality sent him in Writing the Words therein recited commanding him to put them in the Gazet. Yesterday being the last day of the Term all the Prisoners that were in the Tower upon the late Sham-Protestant-Plot were discharged upon Bail Mr. Braddon who prosecuted the Murder of the E. of Essex the Information put in against him in the Kings-Bench By Mr. Attorney for a pretended Subornation c. was not prosecuted and his Bail was discharged And the passing Sentence upon the Author of Julian the Apostate and the Printer of the late Ld. Russel's Speech was passed over with Silence Great Applications are made to his Majesty for the pardoning Mr. Sidney in the Tower which is believed will be attained and that he will be banished The Ld. Howard appears despicable in the Eyes of all Men he is under a Guard at VVhite-hall and believed he will be sent to the Tower for that the D. of M. will accuse him concerning the Testimony he thath given c. The Papists and high Tories are quite down in the Mouth their Pride is abated themselves and their Plot confounded but their Malice is not asswaged 'T is generally said the E. of Essex was murdered the brave Ld. Russel is afresh lamented The Plot is lost here except you in the Country can find it out amongst the Addressors and Abhorrers This sudden turn is an Amazement to all Men and must produce some strange Events which a little time will shew The second Letter was then read directed as the other and dated Decemb. the 1st 1683. Dear Sir I am to answer yours of the 27th and 29th past and truly I cannot but with great-Sorrow lament the loss of our good Friend honest
Army joyn together but to go back and engage those that were already come together which was the reason they did not go over the Bridge Mr. Richard Goodenough deposed that he was beyond Sea with the Duke of Monmouth and that Jones was sent among other Persons to the Lord Delamere to give him notice to be ready and take care he was not seized in Town and that he heard the Duke say that he hoped my Lord Delamere would not break his Promise with him Jones deposed that he went into Holland the latter end of April last and by him Mr. Disney sent a Message to the Duke of Monmouth to desire him to keep to the last Conclusion which he would find in a Letter sent to him by the Crop-hair'd Merchant which Message was that his Friends in England would not by any means have him come for England but that he should continue where he was or if he thought good to go for Scotland they approved of it This Message he deliver'd to the Duke at Amsterdam which put him into a great Passion saying this was Wildman's work who was a Villain and that it was too late to send a Message now for he was resolved for England and Wildman should hang with him or fight for it with him and that he should not think to tye up his Hands by tying up his own Purse Sending another Message by him when he returned for England which was May 22d to Capt. Matthews or major Wildman to desire them to acquaint the Earl of Macclesfield the Lord Brandon and Lord Delamere with his Design of coming for England and that they should repair to their Posts to be ready for him delivering to him a Writing sealed up which he was not to open till he came to Sea which when he opened he found it contained a Signification of the Place wherein was to land and where he was to rendezvous which was Taunton and who were the Persons that were to have notice of it among whose Names was the Lord Delamere's That when he came to London which was May 27th he could meet with neither Capt. Matthews nor Major Wildman who were out of Town and therefore he acquainted Mr. Disney with his errand who promised to take care that it should be delivered Story who was Commissary General under the Duke of Monmouth deposed that on May 28th one Brand told him that the day before Jones was returned out of Holland with a Message to Capt. Matthews but he being absent Disney received it and discoursed that Evening with the Lord Delamere and that my Lord went out of Town that Night with 2 Friends that convey'd him by a By-way through Enfield Chase towards Hatfield That this Brand was kill'd at Keinsham Bridg. That at Shepton Mallot he heard the Duke of Monmouth say that his great Dependance was upon the Lord Delamere and his Friends in Cheshire but he fear'd they had failed him or betray'd him and that he could have been otherwise supply'd but that he had a Dependance upon them Vaux deposed That on May 26th the Lord Delamere sent for him to the Rummer in Queens-street and that the next Night he rid out of Town with him about 9 or 10 a clock at Night and got to Hoddesden about 12 and the next day he brought him to Hitchen and so came back again That my Lord went by the name of Brown and said he was going to see his Son that was sick in the Country Mr. Edlin deposed that on May 27th Mr. Vaux asked him if he would ride with him as far as Hitchen which he promised to do and they set out about 9 that Night and went to Hoddesden one Mr. Brown being in their Company whom he had never seen before but now knew to be my Lord Delamere who told them he was going to see a Sick Child Mr. Panceford depos'd that he was at Mr. Disney's on June 14th last where the Duke of Monmouth's Declarations were a Printing for printing whereof Disney had been Executed and one Joshua Lock was there waiting for some which he said he was to send into Cheshire to one Mr. Brown which he understood to be the Lord Delamere having heard Mr. Disney call him by that Name and Mr. Edlin having told him how he went by that Name when he rid with him to Hitchen But also he had heard that Mr. Vermuyden went also by that name of Brown Mr. Babington deposed that in their Consultations there were Discourses of my Lord Delamere under the name of Brown and once at a Tavern about the latter end of May last when my Lord Delamere was named by one in the Company he was presently catch'd up for it and replied to You mean Mr. Brown That being also at Disney's while the Declarations were a Printing he heard one say a great many of them were to be sent into Cheshire to my Lord Delamere under the name of Brown Mr. Hope Master of the Three-Tuns in Coventry deposed that the Lord Delamere came Post to his House he believed 5 times from the Sunday Sev'night before the Coronation to June 21 following Then Thomas Saxon deposed that on June the 3d or 4th he was sent for by a Man that had but one Hand to my Lord Delamere's House Mere in Cheshire where he came when it began to be dark and was conveyed by the Man that fetch'd him into a lower Room where were my Lord Delamere Sir Robert Cotton and Mr. Crew Offley and they told him that he had been recommended to them by the Lord Brandon who had said he was an honest useful Man and they hoped he would prove so For they had sent to the D. of Monmouth who was in Holland and received an Answer by one Jones which as soon as they had my Lord Delamere came away Post into the Country under another Name and by being conveyed through Moorfields came down to raise 10000 Men for the Duke in Cheshire by June 1. But now they had considered of it and found they could not raise them till Midsummer for that they must have time to raise 40000 l. in that Country to maintain the Men. That they asked him if he would undertake to carry a Message to the Duke that he said he would Whereupon the Lord Delamere gave him 11 Guinies and 5 pound in silver for his Journy After which he hired him an Horse and did deliver the Message That he never had any Concern before with the Ld. Delamere but that the Lord Brandon told him that they must make use of such as he to inform the Country of the time of Rising his acquaintance abounding that way being a publick Trades-man in Middlewich Here the Evidence for the King ceasing the Prisoner was called upon to make his Defence But it beginning to be late the Prisoner begg'd the Court might be Adjourned till the morrow But the Lord H. Steward doubted it could not be done by Law this not being a Trial in full Parliament