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
Sacred Majesty for which he had been Arraigned the day before and pleaded Not Guilty And therefore his Jury being Imparinelled and none of them challenged by him the same was read now to them viz. Sir Philip Matthews Sir Reginald Foster Sir John Kirke Sir John Cutler Sir Richard Blake John Bifield Esq Simon Middleton Esq Thomas Cross Esq Henry Johnson Esq Charles Vmphrevil Esq Thomas Eaglesfield Esq William Bohee Esq To this Indictment Sir Creswel Levins Serjeant Maynard and the Attorney General briefly spoke The Attorney General giving this Account why they chose first to bring this Man to trial That it was to convince those who believed all Designs against the King's Person by any Papist was but a Fiction this Man being a Papist and having said these words even since the discovery of the Plot. And for the proof hereof then appeared William Casters who deposed That on the 14th Instant about 11 a Clock in the Day he saw Stayley with another a Frenchman in a Victualling-house who called for a Pot of Ale and a Slice of Roast-Beef which when it was called for his Landlord said it should be brought him He was in another Room opposite to him both the Doors being open Stayley standing at one Door and he at the other his Face strait towards him and within 7 or 8 foot of him and discoursing with the French-man he heard Stayley twice over in French say The King was a Grand Heretick making his Demonstration with his Hand upon his Breast stamping five or six times with his Foot in great fury That the old Man Fromante his Friend said That the King of England was a Tormenter of the People of God and that Stayley answered again in a great fury He is a great Heretick and the greatest Rogue in the World There 's the Heart and here 's the Hand that would kill him And the King and Parliament think all is over but the Rogues are mistaken Then stamping said I would kill him my self I would kill him my self Then Alexander Southerland deposed that he also was there and perfectly saw Stayley while he Apoke those words which presently he writ down in French as they were spoken And then the Prisoner being gone they enquired his Name and where he live and the next day got him apprehended The third Witnes was one Philip Garret who not understanding French could only depose That being with the other two he heard Stayley speak Whereupon his Captain William Casters cam to him in a great passion and said he could not suffer it he would run upon him he could not be quiet To all which the Prisoner made but a weak Defence relating the manner of his Apprehension and saying That his discourse with Fromante was about the King of France and that he said he would kill himself instead of I will kill him my self alleadging his Loyalty and protesting his Innocence and how that the Witnesses after his apprehension would have had him took it up Then the Statue of Decimo tertio was read and Sir John Kirke one of the Jury who understood French attested that Translation of his words to be true Then the Prisoner's Witnesses were called who were one Anselm the Master of the Cross-Keys in Covent-Garden where the Prisoner was brought when he was apprenhended who deposed That they kept him in his House from 8 till 11 without any Constable Which the Witnesses answered was because they could get no Constable to come along with them without a Warrant from a Justice of Peace and that they sent to White-hall and desired a Guard but the Officer said it was the Constables part Another Witness appeared for the Prisoner who testified that he had often heard him declare much Loyalty to his Prince and an aversion to the Jesuits insomuch that if he knew any of the Persons concerned in this Plot he would be their Executioner himself and that he would lose his Blood for the King But the Ld. Ch. Justice reply'd That was his discourse only when he spoke to a Protestant Then the Prisoner having no more Witnesses nor any thing more to say for himself the Ld. Ch. Justice made a Speech to the Jury setting forth the Treasonableness of the Words and the manner of speaking them and the plainness of the Proof with great zeal against the Jusuits and their Tenants whom he look'd upon as the Foundations of all this Mischief excusing his warmness saying 'T was better to be warm here than in Smithfield and that he hoped he should never go to that Heaven where Men are made Saints for killing Kings The Jury then presently brought the Prisoner in Guilty who said he had nothing more to say so Sentence was pronounced against him to be Hang'd Drawn and Quartered and the same was accordingly executed upon him at Tyburn on Tuesday following being Novemb. 26. It was his Majesty's pleasure because of the Prisoner's seeming Penitence and his Relations humble Petition to suffer his Body to have a decent private Burial But his Friends abusing this gracious Favour with a publick and more than ordinary Funeral Pomp his buried Quarters were ordered to be taken up and to be disposed by the Common Executioner upon the Gates of the City The Trial of Edward Coleman Gent. at the King's-Bench Bar on Wednesday Novemb. 27. 1678. HE then and there appearing having been Arraigned the Saturday before his Indictment was read to the Jury viz. Sir Reginald Forster Bar. Sir Charles Lee. Edward Wilford Esq John Bathurst Esq Joshua Galliard Esq John Bifield Esq Simon Middleton Esq Henry Johnson Esq Charles Vmfrevile Esq Thomas Johnson Esq Thomas Eaglesfield Esq William Bohee Esq His Indictment was for endeavouring to subvert the Protestant Religion and introduce Popery and kill the King Whereto he having pleaded Not Guilty Mr. Recorder Serjeant Maynard and then the Attorney General severally spoke opening the Nature and shewing the heighnousness of the Crimes therein charg'd upon the Prisoner After which the Prisoner praying for a favorable Trial and professing that he had confessed all the Truth in the Examinations that had been made of him in Prison and that he gave over his Corresponding beyond-Seas in 75. Dr. Oates was called forth who deposed That in November last he visiting one John Keins his Father Confessor lodging at Mr. Coleman's House in Stable-Yard Mr. Coleman by him understanding that he was going to St. Omers told him That he would trouble him with a Letter or two thither and would leave them with one Fenwick Procurator for the Jesuits in London Which Letters he carried to St. Omers being directed for the Rector there and was at the opening of them The out-side Sheet was a Letter of News and in it Expressions of the King calling him Tyrant and that the Marriage between the Prince of Orange and the Lady Mary would prove the Traytor 's and Tyrant's Ruin In it was a Latin Letter to Father Le-Chese writ by the same Hand giving
he upon which they let him go The Clerk of the Crows said he knew this Spence and that he was very like Sir E. Godfrey Then John Oakeley's Affidavit was read which was made before Sir John Moore Mayor June 22. 1682. and was That he coming by Somerset-House upon Saturday Octob. 12. 1678. the very day on which Sir E. Godfrey was missing about eight or nine at Night he saw Sir Edmond-bury near the VVater-gate and past close by him knowing him very well put off his Hat to him and Sir Edm. did the like to him and having pass'd him he turned and looked upon him and saw him stand still and a Man or two near him And that he told this to Elizabeth Dekin two or three days after and to his Uncle Ralph Oakely of Little St. Bartholomew about a Week after and to his Father Robert Oakely and several others in a short time after Elizabeth Dekin's Affidavit who was his Fellow-Servant before Sir John Moore at the same time hereof and Mr. Robert Breedon's Affidavit who was their Master and a Brewer near Sir E. Godfrey's House made then also that Dekin had told him what Oakely had told her and that before the Body was found And Robert Oakely his Fathers Affidavit made at the same time that his Son had told him the same and his Uncle Ralph Oakeley's Affidavit of the same before Mr. Justice Dolbin July 4. 1683. were all annexed to corroborate his Testimony And whereas it had been reported that Sir E. Godfrey hang'd himself and that one Moore his Clerk cut him down the said Henry Moore made Affidavit before Justice Balam of the Isle of Ely July 28. 1681. That the Report was false and scandalous and that he neither said nor did any such thing John Brown and William Lock also of Maribone made Affidavit before Sir John Moore Mayor June 30. 1682. That they viewing the Body on Thursday Octob. 17. 1678. as it lay in the Ditch found that the Pummel of the Sword-Hilt did not touch the Ground by an handful c.. Benjamin Man also of London Gent. being not called at the Trial tho twice subpoened made Affidavit before Sir W. Dolbin July 3. 1682. That being in the Gatehouse when Green was took and about to be put into Irons and understanding his Crime saying he did not think to have found him such a Man Green thereupon replied He was a dead Man Robert Forset Esq of Maribone made Affidavit also before Sir VV. Dolbin on July 1. 1682. That he was a hunting with his Hounds on Tuesday Octob. 15. 1678. and beat that very place where the Body was afterwards found but there was neither Body nor Gloves nor Cane thereabouts then and that Mr. Henry Harwood who is since dead borrowed his Hounds and told him that he beat the same Ditch the next day and that no Body was there he was sure on VVednesday at Noon George Larkin of London Printer made Oath also before Sir John Moore Mayor March 22. 1681. That he going to see the Body on Octob. 18. 1678. he met Nat. Thompson there who then proposed the printing of a Narrative of this Murder to him desiring his Assistance which they afterward agreed to print and that contain'd how Sir E. Godfrey's Face was of a fresh Colour tho in his life-time Pale a green Circle about his Neck as if he had been strangled c. That there was no Blood in the place and his Shoes as clean as if he had but just come out of his own Chamber which was an evident sign that he was carried thither and that the Coroners Inquest found that he was suffocated before the Wounds were made c. And finally that one of the Jury affirmed that his Mother's Servant searched all those Grounds for a Calf that was missing Monday and Tuesday and at that time there lay no dead Body Belt Gloves Stick c. Farrell it seems was Trustee for Fenwick that was executed and Pain was Brother to Nevill alias Pain who was famous for scribling for Mrs. Cellier and the Papists The Court consulting together Mr. Justice Jones having first set out the greatness of their Crime gave the Judgment of the Court which was That Thomson and Farrell should stand in the Pillory in the Palace-Yard the last day of the Term for an hours space between ten and one and each of them pay 100 l. Fine and to be imprisoned till they had paid it Pain was excused from the Pillory but adjudg'd to the same Fine Accordingly on Wednesday July 5. 1682. Thompson and Farrell were Pillored with this Writing over their Heads For libelling the Justice of the Nation by making the VVorld belive that Sir Edmondbury Godfrey murdered himself The Trial of Nathaniel Reading Esq before the Commissioners of Oyer and Terminer at the King's-Bench-Bar at Westminster on Thursday April 24. 1679. ON Wednesday April 16th 1679 His Majesties Commissioners of Oyer and Terminer did meet at Westminster-Hall in the Court of King's-Bench When and where the Commission was Read and the Grand-Jury Sworn and then Sir James Butler the Chief Commissioner that then appeared gave them their Charge informing them briefly of the Occasion of their meeting desiring them to go together and take the Witnesses being first sworn along with them which they did for about half an hour and then returned finding it Billa Vera. After which the Court Adjourned to Thursday April 24. On which day the Commissioners there met viz. Sir Francis North Kt. Ld. Ch. Justice of His Majesties Court of Common-Pleas William Montague Esq Ld. Ch. Baron of his Majesties Court Exchequer Sir William Wylde Kt. and Bar. one of his Majesty's Justices of the King's-Bench Sir Hugh Windham Kt. one of his Majesty's Justices of the Common-Pleas Sir Robert Atkins Kt. of the Bath another of the Justices of the Common-Pleas Sir Edward Thurland Kt. one of the Barons of the Exchequer Vere Bertie Esq another of the Justices of the Common-Pleas Sir Thomas Jones Kt. another of the Justices of the King's-Bench Sir Francis Bramston Kt. another of the Barons of the Exchequer Sir William Dolben Kt. another of the Justices of the King's-Bench Sir William Jones Kt. his Majesty's Attorney-General Sir James Butler Kt. one of the King's Counsel and the Queen's Attorney Sir Philip Mathews Bar. Sir Thomas Orbey Kt. and Bar. Sir Thomas Byde Kt. Sir William Bowles Kt. Sir Thomas Stringer Serjeant at Law Sir Charles Pitfield Kt. Thomas Robinson Esq Humphrey Wyrle Esq Thomas Haryot Esq Richard Gower Esq After Proclamation made for Attendance the Lord Chief Justice North discharged the Grand Inquest and Mr. Reading being set to the Bar his Indictment was read to him Being for Soliciting Suborning and endeavouring to perswade Mr. William Bedloe to lessen stifle and omit to give Evidence the full Truth according to his Knowledg against the Lord Powis Lord Stafford Lord Petre and Sir Henry Tichborn but to give such Evidence as he the said
of the Season had chang'd their Opinion so that now they disbelived that which they believed before and perhaps for as little Reason as they believed him at first For he could not expect that a Man who believes without a Principle should not recant that Belief without a Reason But the Court call'd this a Reflection and spar'd him not for it The other part of his Defence consisted of his endeavouring to prove that he was here seen in London in April and May 1678. To this end Mrs. Cicilia Mayo Sir Richard Barker's House-keeper deposed That she saw Dr. Oates at her Master's House in Barbacan the latter end of Apr. or beginning of May being about a Week before Whitsontide in that Year the Plot broke out That the Coachman told her he had been there once or twice before but this was the first time she saw him he having on grey Clothes a white Hat and a short Periwig and dined there with her Lady's Sister and others Sir Richard being then sick in the Country That he came afterwards when she saw him in black Clothes a longer Periwig which was brown That she never knew the Prisoner before then but they told her who it was Then John Butler Sir Richard Barker's Coachman deposed That he also saw Mr. Oates at his Master's House the beginning of May before the Plot in a disguise having on a grey Coat and white Hat and his Hair cut short but without a Periwig enquiring for Dr. Tongue Mrs. Mayo then also looking upon him in the Court through the Window And that afterwards he came in a Cinnamon-coloured Coat and green Ribbons and a long black Periwig and that he dined there several â—â—mes Then Philip Page Sir Richard Barker's Man that used to make up his Physick for him deposed That he remembred he did see the Prisoner at his Masters in grey Clothes but he was not certain as to the time only he believes it was in May. Then Mr. Walker a Minister deposed he met the Prisoner in a Disguise between St. Martin's-Lane and Leicester-Fields not exactly remembring the Time when only he thought it about a Year and a quarter before he was first examin'd and that the Elm-Trees were then budded forth as big as an Hazle-Nut After this reflecting on the discredit the St. Omers Witnesses had once been in and of their not prosecuting of this Cause before this time he concluded his Evidence And the King's Counsel proceeded to answer his Defence producing the Records of Sir George Wakeman and Earl of Castlemaine's Trials to prove that his Evidence there was not believed which were read and Sir George Wakeman being sworn deposed what it was the Prisoner then swore against him and protested the falsity of it and his own Innocency The same also the Earl of Castlemain did in like manner And then the Lords Journals were produced where it was recorded that the Prisoner said he could accuse no Body else but those that he named and yet soon after he accused the present King and the Queen-Dowager but this upon search being not found to be a Record upon Oath it was not thought valid Evidence Therefore they proceeded to prove his Subornation of one Clay which was a Witness for the Prisoner at the Trial of the five Jesuits whom now he did not call and of Mr. Smith the School-master of Islington To this end part of Oates's Narative was read out of the Lords Journal wherein he accused this William Smith as concerned in the Plot as endeavouring to vilify the House of Commons c. And then a Certificate was read under Oates's Hand of this Smith's Honesty not three days before the Trial of the five Jesuits whence they would infer he had been tampering with him the which Smith himself being sworn was ready to have deposed but the Ld. Ch. Justice would not admit him to swear that he did forswear himself because such should never have the Countenance of ever being Witnesses again Therefore they proceeded to prove the Subornation of Clay and to this end Lawrence Davenport in whose keeping Clay was in Prison deposed that Sir William Waller and the Prisoner did hang'd for that they could prove him to be a Priest unless he would swear for Oates that he dined with him at Mr. Howards in May which he consented to so he might have his Mony restored that was taken from him saying he had been a Rogue before and did not know what he might be And this another Witness produced swore that Davenport told to him the next day in Prison Then Mr. Howard deposed That Clay was mistaken in his Testimony given at the Trials of the five Jesuits in being July and not May 1678 that he and Oates were at his House about which time there was no question of his being in England Then they read out of Oates's Narrative again wherein he had said how he return'd three or four days after the Consult of April 24 was over observing hence how his own Witnesses contradicted him who had deposed that they saw him here in London the latter end of May. And here the Counsel for the King concluding their Evidence Dr. Oates proceeded with his Defence only shewing out of the Lords Journal a Copy of their Resolve That there was a Plot and of their summoning up before them Thomas Bickley of Chichester for vilifying Dr. Oates and thereupon turning him but out of Commission objecting five things against their Evidence 1. Their Religion A Papist not being a good Witness in a Cause of Religion appealing to the Heavens Which the Ld. Ch. Justice call'd a Common-wealth appeal and bid him to be took away falling very foul upon the poor Doctor But stood in 't that 't was Law and the Lord Cooke's practice quoting Bulstrode's Reports 2d Part 155. He Objected 2. Their Education confessing themselves to be bred up in a Seminary which is against Law quoting 27o. Eliz. cap. 2. and 3. Car. 1. Cap. 2. Which also was over-ruled 3. Their Judgments in Cases of Conscience whereby they own they have Dispensations to swear Lies for the promotion of the Cause 4. It was refused at the Lord Shaftsbury's Trial to suffer the King's Evidence there to be Indicted of Perjury But all this the Ld. Ch. Justice told him was idle and nothing to the Purpose And therefore he went on to sum up his Evidence protesting the Truth of his Evidence and that he was resolved to stand by and seal it with his Blood which the Ld. Ch. Justice told him it was pitty but he should Then Mr. Sol. Gen. summ'd up the Evidence which while he was a doing Dr. Oates beg'd leave to withdraw being weak and ill with the Stone and Gout and having lien in Irons 21 weeks After him the Ld. Ch. Justice summ'd up the Evidence with all the Virulency and Gall his Wit or Malice could assist him And then the Jury withdrawing for about a quarter of an hour deliver'd in their Verdict
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
the quarterly Sessions several came to them to ask News and they told of Mr. Arnold's Hurt and were as sorry for it as any Persons could be and confess'd it a very ill thing That he supposed Mr. Arnold must needs be acquainted with Giles he having been head-Constable and always a Protestant Then John Jones the Cutler's Apprentice swore That his Master asking the Prisoner Mr. Giles Have you been in some Battel Have you been fighting with the Devil No said he for I never met with Arnold And that he did not hear his Wife bid him hold his Tongue Then John Howel Mr. William Richmond's Man deposed That he came to Town with Giles that Day about 12 and that he heard him call to his Master about 11 or 12 a Clock that Night Then Ann Beron being sworn she deposed That Giles was in her Company most part of that Day and that she was at Dinner with him and till 9 a Clock at Night when she left him in the Kitching and went to Bed Elizabeth Crook the Maid of the Inn she swore she made his Bed about 10 and before 11 asked him if she should take away his Candle He bid her lock the Door and he would put out his Candle but she went away and did not and left the Candle She denied that Mr. Richmond came to her or that she saw him till he refresh'd her Memory by remembring her how he courted her to make himself merry which then she acknowledged much to the credit of Mr. Richmond's Testimony and disparagement of her own Then one Edward James did swear That he drank with Giles at the King's-Arms in St. Martin's-Lane from 9 to 12 at Night and then left him in the Kitchen the same Night the Maid had sworn otherwise just before him Then Robin Gibbon John Chadwick Eliz. Peter Powel and Roger How all swore they saw him about 9 but that was not material To these Witnesses the King's Counsel thought it needless to answer they being all either frivolous or contradictory Therefore Sir George Jefferies the Recorder summ'd up the Evidence and directed the Jury who withdrew and after about half an hours debate brought the Prisoner in Guilty Which done the Court adjourn'd till the Saturday following when the Recorder passed the Sentence of the Court upon him which was To stand from 12 to one in the Pillory one day at the place where the Fact was committed another day over against Greys-Inn in Holborn and another at the May-pole in the Strand with a Paper on his Hat signifying his Offence and then to pay to the King 500 l. and be committed in Execution till paid and then to find Sureties for his Good-Behaviour during Life The Trial of Elizabeth Cellier at the Old-Baily on Saturday Sept. 11 1680. THen and there the Defendant appeared upon an Information for Writing Printing and Publishing a scandalous Libel called Malice defeated c. to which she had pleaded Not Guilty The Jury were John Ainger Richard Boys John Stephens Thomas Phelps Gilbert Vrwin Edward Allanson Richard Living John Coggs Henry Hodgsden John Barnard Edward Low and James Southern To whom the Information being read Robert Dormer Esq opened the same and then Mr. John Penny depos'd that he bought that Book the Libel being shewn him of Mrs. Cellier who own'd it for hers and said she could if there were occasion put a great deal more in Mr. William Downing deposed that he printed part of that Book by her direction to fol. 22. and then the Messenger found it and some body else printed the rest Mr. Robert Stephens depos'd that he saw the Book a printing at Mr. Downings and heard Mrs. Cellier own it for hers and say that she kept a Man in the House to write it and she dictated to him and that he saw her sell several of them Then Mr. Matthias Fowler deposed that he bought two of them Books of Mrs. Cellier for 4 s. hearing that his Name was mention'd therein tho very falsly as he had made Oath before the Lord Mayor all that he knew being only this That on the Tuesday seven-night after the Murder of Sir Edmondbury Godfrey one Corral a Coachman waiting to carry some Gentlemen that were in his House begg'd a Pipe of Tobacco of his Wife in the Bar Ay said she thou lookst like an honest Fellow and I believe thou hast no hand in the Plot a casual word that was passant at that time thereupon he began to tell her how he had escaped that danger for that four met him against St. Clemens Church-wall and swore he should stand and do as they would have him when he saw Sir Edm. Godfrey's Body in a Sedan whom he sham'd upon and told them he could not carry him for that the Axle-Tree of his Coach was broke That this he over-heard and came out which the Fellow repeated over again to him but then perceiving he had been too lavish in his Discourse he run out in haste pretending to see whether the Seats of his Coach were not stolen out whom he followed and found him driving away tho he had left his Whip behind He took the number of his Coach which the next day giving to Captain Richardson he secured the Man and he was brought with him to Wallingford-house and examin'd by the Duke of Buckingham the Earl of Shaftsbury the Marquess of Winchester two other Lords and Major Wildman where he confessed the whole matter that he said so at his House but would have sham'd it off himself that he only heard it from others and being nothing could be got out of him he was reordered to Newgate where he continued several Months but that he never was with him there as the Libel charged him Whereupon the Libel was then produced and the several Clauses recited in the Indictment were read which were to this purpose It was intituled Malice defeated or a brief Relation of the Accusation and Deliverance of Elizabeth Cellier wherein her Proceedings both before and during her Confinement are particularly related and the Mystery of the Meal-Tub fully discovered together with an Abstract of her Arraignment and Trial. Written by her self for the Satisfaction of all Lovers of undisguised Truth In the Book she gives an Account how she turn'd from Protestanism to Popery upon the occasion of King Charles I. Murther ascribing the Preservation of King Charles II. at Worcester wholly to the Papists and from her Observation of the chiefest Sticklers for the Plot being those or the Sons of those that acted the principal Parts in the last Tragedy she doubted of its Truth and therefore thought it her Duty through all sorts of hazards to relieve the poor imprisoned Catholicks which she had done some Months before ever she saw the Countess of Powis c. That on Thursday Jan. 9 1678 she being in Newgate with five Women of which three were Protestants about four in the Afternoon they all heard terrible Groans and Squeeks which came out
Indicted and which was given in Evidence before the Grand-Jury upon the Trial was there grounded To the first the Ed. Ch. Justice reply'd That a Conspiracy was prov'd if the Witnesses speak Truth by his publishing Libels and Pictures to make the King odious and contemptible in the Eyes of the People and his being the Author of some of them and they being found in his Custody To the Second it was answered That the Resolution of the Judges in my Lord Stafford's Case is contrary There being two Witnesses to an Indictment of Treason tho there be but one Witness that proves one Fact which is an Evidence of Treason and another that proves another that is an Evidence of the same Treason tho they be but single Witnesses to several Facts And to the Third it was answer'd in the Affirmative it being any Act of Treason that is of the same kind Then Mr. Colledge being call'd upon to call his Witnesses he express'd himself in a long Speech protesting his own Innocency not doubting to prove this one of the Hellishest Conspiracies that ever was upon the face of the Earth and these the most notorious wicked Men an absolute Design to destroy all the Protestants of England who have had the Courage to oppose the Popish Plot in which no Man of his condition had done more than he had done Declaring that he was bred a Protestant and continued so hitherto and by the Grace of God would die so That he had been concern'd with Persons of Honour and could not be reasonably deem'd such a Fool or Madman as to talk of such things to Papists Priests and Irish-Men who had broke their Faith with their own Party and upon whom he could lay no such Oaths and Obligations That his acquaintance with Haynes began upon a Discovery he made to him how Fitz-Gerald had employed him to setch over Macnamarra to swear against the Earl of Shaftsbury High-Treason as he had done viz. That my Lord should tell Fitz-Gerald that he had a Design to bring this Kingdom to a Common-Wealth and to root out the Family of the Stuarts which he swore was true and a great deal more which he knew and would discover about seizing and destroying the Parliament at Oxford about an Army in the North that was to be raised about the time of the sitting of the Parliament at Oxford Of a French Army that was to land in Ireland at the same time that the D. of York was to be at the head of them and the intention was to destroy all the Protestants Upon this it was that he resolved to come along with the Parliament and if there was any such Design to live and die with them That he was imployed by several Lords and Parliament-Men when the Parliament sat last at Westminster to search under the Parliament House whence he got the Name of the Protestant Joyner And that this Haynes did swear in his Affidavit before Sir George Treby the Recorder of London That there was a Design to destroy the Parliament at Oxford and there was not only his Oath for it but it was the general belief that some Evil was intended them But as for the seizing of the King that he never heard one word of it before he came hither that he knew not of one Man upon the Face of the Earth that was to stand by him and how impossible it was for him alone to attempt it all Men might judge That he hoped to prove these Witnesses suborned complaining of his close Imprisonment Then the First Witness that appear'd for the Prisoner was William Shewin who declared That he was in Turbervil's company on Thursday Night last at the Golden Posts at Charing-Cross and there he heard him say That if he were at Oxford he should hear strange things against Colledge and he would lay ten to one that Mr. Bethel and Mr. Wilmore should be hanged at Christmas and he would lead him by the Gold Chain along Fleet-street and down with his Breeches in the middle of Amsterdam Coffee-House with a Band about his Neck and a Cloak And that one told him there was one that did design to be return'd upon this Jury that was resolv'd to hang Colledge right or wrong Which the High Sheriff acknowledg'd also and that he had therefore left him out for which the Court gave him his due Commendations Then Henry Hickman who had been called before a Cabinet-maker at Holborn-Bridge appeared who declared That he knew Haynes very well he oft coming to his House to a Widow who lodged there a Papist and that therefore he took him for a Priest And that discoursing with his Tenant concerning him she told him that he was a dangerous Fellow though a Papist and that he cared not much what he sweared against any one And that he over-heard him discoursing with his Tenant in her Chamber and saying God dam-me I care not what I swear nor who I swear against for 't is my trade to get mony by swearing Then Elizabeth Oliver was called who only produced a Letter which she affirmed Haynes to have writ in her Father's Name and that he was an ill Man which being judg'd by the Court nothing to the purpose she was dismiss'd And Mrs. Hall was next call'd who declared That Haynes lodged at her House and that he told her enquiring of him about Fitz-Harris's Trial that Madam Portsmouth begg'd of Fitz-Harris upon her Knees that he would try to get Mr. Everard and some others over to make a Presbyterian Plot of it Another time that she heard him speak of a Message he had had from the King to come in and he should have his Pardon And that he read once to her an Advertisement in answer to something Thompson had written against him in his Intelligence which he said he had writ and was then going to get it put into one of the Intelligences it being to this purpose That whereas one Nathaniel Thompson had falsly and maliciously accused one Bryan Haynes for speaking Treasonable Words he the said Bryan Haynes doth declare that he challenges any Man to charge him with it but he owned he had an hand or was employed to put the Plot upon the Dissenting-Protestants Then Mary Richards Mrs Hall's Maid was called who owned the same things affirmed by her Mistress Next Mrs Wingfield whose Daughter Haynes married was call'd who would say nothing of Haynes but what was for his Credit Then Mr. John Whaley was call'd who declared That about 6 Years Ago when Haynes was a Prisoner in the King's-Bench he came down to drink in the Cellar which he had taken of the Marshal and stole a Tankard for which the Marshal removed him from the Master's Side and put him into the Common Side which was all he knew of him Mr. Colledge called next for Mr. John Lun who declared how that about three or four days after the Bill was brought Ignoramns by the Grand Jury upon Mr. Colledge he was
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
it Mr. William Rushton a Papist deposed that he saw Ireland in Wolverhampton from the 18th of August to the 25th every one of the days except the 23d whence he went to Litchfield Mrs. Katherine Wingford deposed that she also saw Ireland from August the 18th to the 25th sometimes at Mrs. Harwells and sometimes at her Father's House in Wolverhampton Mr. William Stanley deposed that he saw Ireland in Wolverhampton on Aug. 18 19 20 21 24 and 25 and entertain'd him twice at his own House Mrs. Dorothy Purcel swore she saw him also in the same Town on August the 18th to the 23d but would give no Circumstance whereby she might remember so particuâ—â—rly those days Then one Scot swore that he look'd to his Horse while he was in that Town and that he staid there about a Fortnight but could not 〈◊〉 particular as to the time Then Mr. John Stamford deposed that he also saw Mr. Ireland in the same Town from Aug. 18 to 25 having known him ever since 1675. Mrs. Katherine Fowler Mrs. Harwell's Daughter swore that she saw Ireland at her Mother's House from Aug. 17 till the 27th 1678. seeing him every day except the 23d when he went to Litchfield to the Fair. Mr. Gifford swore he saw him every day there from Aug. 17 to the 26th 1678. Mrs. Elizabeth Gifford swore she saw him all those days but two Elizabeth Keeling Mrs. Harwell's Maid swore she saw Ireland Aug. 17. till he went away except three days she was absent at her Mother's Funeral And she saw him again at her Mistresses from the 4th of September to the 7th 1678. Mr. Richardson an Apothecary in Wolverhampton and a Protestant deposed that he saw a Gentleman whom Mrs. Harwell told him was Mr. Ireland on Aug. 19. in that Town 1678. Mrs. Eleanor Graves deposed much the like as to seeing Ireland at that time there and that she moreover went with him Aug. 23d to Litchfield and return'd back with him that Night again her Uncle Winford being with them Then Sir Thomas Whitegrave a Justice of Peace in Stafforâ—â—â—â—re and a Protestant deposed that he saw Mr. Ireland on the 29th of August 1678. upon Tixhall Bowling-Green Mr. VVilliam Fowler a Papist deposed that he saw Ireland at Tixhall Aug. 10. 1678. and on the 27th at the Horse Race at Etching-Hill and on the 29th upon Tixhall Bowling-green where he saw Sir Thomas VVhitegrave also with him Mr. Howard swore also that the saw Ireland at the Horse-Race and again afterwards at Bellamore where he dined that time Then Mr. Drayton a Servant to the Lord Gerrard's Father deposed that he also saw Ireland at the Race and at Tixhall Aug. 29. when he went home with Mr. Heveningham to Aston where he saw him the next day and on the 31st a Hunting with his Master and Sept. 1. at Mr. Gerrard's of Hildersham Sir James Simmons deposed that he saw Ireland at the Horse-Race also and on Tixhall Bowling-Green Aug. 29. and that he came to Aston that Night with his Father Heveningham but he going the next day to Pancrass Fair left him Mr. Green who belonged to Sir James Simmonds deposed he saw Ireland at the Horse-Race Aug. 27. 1678. and the next day on Tixhall Bowling-Green which Night he came to Aston and saw him a Setting there the next day and the next day a Hunting Then one Fallas a Servant of Mr. Heveingham's and a Protestant deposed that Ireland came to his Master 's on Aug. 29. and the next day Fish'd and Sett and the next day Hunted and then went away he looking to his Hors while there Then John Proctor a Servant to Mr. Lowes and a Protestant deposed that he saw Ireland at his Master 's at Fulford on Aug. 31. 1678. and the next day at Esq Gerrards at Hildersome Then Mr. John King deposed that he saw Ireland at Hildersome Sept. 1. 1678. where he was all Night and the next day at Millage where he dined designing for Boscobel that Night Then Francis Lee a Servant to Mr. Gerrard deposed that he saw Ireland at his Masters Aug. 31. where he staid two Nights and went with him thence to Millage where they dined and then went to Pancrass with him for two hours and then Ireland went to Boscobel Then Mr. Biddolph swore that he dined with Ireland at his Aunt Crompton's at Millage Sept. 2. 1678. Mrs. Crompton her self deposed that Mr. Ireland dined at her House that day her Nephew Biddolph did but could not remember any otherwise the time Mrs. Palmer swore she also dinned with Ireland at Millage but could neither tell when nor who were there Mrs. Holmes swore she saw Ireland at Millage the beginning of Septemb. 1678. on a Monday Mrs. Gifford swore she saw Ireland at Pancrass Sept. 2. 1678. about four or five in the Afternoon Then Mr. Pendrel depos'd that Ireland lodg'd at his House at Boscobel on Sept. 2. 1678. and went the next day but one to Black-Ladies to Mr. John Giffords Mrs. Pendrel swore the very same Mr. Charles Gifford swore Ireland at his Father's House at Black-Ladies on Sept. 4. 1678. coming to see one Madam Wells there where he staid an hour and half and so went for VVolverhampton And thus was proved where Ireland was from Aug. 3. to Sept. 14. After which Dr. Oates began his Defence urging the great Hardship he lay under after six Years time to be put to disprove what was now offered against him many of his Witnesses being since dead and gone beyond-Sea and many Passages forgot by him besides that the Dispute was only about a bare Circumstance of Time when-as the Substance of his Evidence about the Plot was not assign'd as any Perjury at all and that this very Testimony was look'd upon as a Trick only to catch the Evidence and was judg'd invalid at the Trials of Ireland and the five Jesuits Urging also the Testimony of Bedloe at Ireland's Trial vvhich amounted to the same as his Mr. Blaney testifying it upon Oath as also Mr. Jennison's about Ireland's being in Town in August saying what Charges he had been at to find out Mr. Jennison and Sarah Pain who gave the same Evidence but could not calling for many Witnesses whom he had Subpaened but not one appeared Complaining therefore of his hard Usage He proceeded to sum up what more he had to say protesting the Truth of what he had deposed the little belief this Testimony formerly had and the Interest of Papists concerned now to bring it thus against him saying That he was confident had he been a Witness in any other Cause he might have had fairer Quarter And did verily believe that at this rate it vvas more safe for Papists to be Traitors than for any Protestant to discover a Popish Plot. Begging that Counsel might be assign'd him to argue the Errors in Yesterday's Indictment and a Weeks time to prepare and to withdraw because of his present Illness all vvhich vvere granted him And then Sol.
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