since the Execution of Ireland Mr. Jenison a Gentleman of Grays-Inn who was a Papist till about January in the Year 1678 9. affirmed that Mr. Ireland was in Town about the middle of August and that he was with him then at a Scriveners at the Sign of the White Hart in Russel-street in Covent Garden which relation he confirmed with several other notable circumstances Mr. Chetwind having heard this went to Whitehall and there attended on the Earl of Shaftsbury then Lord President of your Brother 's Privy Council and acquainted his Lordship with what Mr. Griffith had told him the said Earl told Mr Chetwind that it would be very considerable if it could be made out Mr. Chetwind being thus encouraged by the said Earl went upon thâ— 16th following to find out Sir Michael Wharton and coming to the Coffee-house in Covent Garden where Sir Michael used to be when in Town he met with Mr. Ralph Marshal who is now One of his Majesties Justices of the Peace for Middlesex who upon Discourse told Mr. Chetwind that Sir Michael lived at Hamstead that Summer Mr. Marshal understanding somewhat of the Matter for which Mr. Chetwind inquired after Sir Michael he said Sir Michael had often related to him and he was sure he would justifie it that Mr. Jenison of Grays Inn told him the said Sir Michael Wharton in the presence of several other Gentlemen of Quality presently after the death of Ireland the several following Particulars which they had hitherto taken no care to discover because they expected not that the Evidence given in against him the said Ireland would after his Execution come into question or debate the Particulars were these 1. That in the Month of August 1678 when the King your Brother was at Windsor Mr. Jenison going to Windsor on the 17th of August and returning the 19th immediately upon his return that night he went to give Mr. Ireland a Visit and found him at the Sign of the Hart in Russel street in Covent Garden and after a Salute Mr. Ireland asked him many questions as what News from Windsor How the King spent his time what Recreation he followed and whether he walked abroad much and how guarded To which Mr. Jenison answered that the King delighted much in Hawking and Fishing but most in the latter which he followed early in the Morning with some few Persons attending him upon which Mr Ireland replyed that he wondred that the King was no better guarded he was easily to be taken off whereupon Mr. Jenison replyed and said God forbid which made Ireland stop his Discourse Mr. Marshall reporting this to Mr. Chetwind in the presence of Mr. Ash and Mr. Spicer Mr. Ash replyed he was the night before this Discourse in Company with Mr. Griffith and Mr. Booth second Son to the then Lord Delamere where he heard them discourse this matter Mr. Booth saying that he heard Mr. Jenison speak the same things whereupon Mr. Marshal undertook to go that very day to Hampstead to Sir Michael Wharton and give Mr. Chetwind an Account of it the next Morning and Mr. Ash and Mr. Spicer also before Mr. Chetwind and they parted having promised to go to Mr. Booth they met him who justified every Syllable of what he said and withal remembred very well that when Sir Michael took some particular notice of it Mr. Jenison seemed to be surprised and was sorry he had uttered those words but Mr. Bowes who was present said Jenison you cannot retract your words for I have a Letter under your hand which will put you in mind of the time and he said Mr. Bowes repeated the very same thing Upon the 20th of June 1679 Mr. Booth and Mr. Bowes met with Mr. Jenison and discoursed the Matter with him who then owned all the questions that Ireland asked him namely what News at Windsor and how the King spent his time but Mr. Jenison desired a days time to consider that he might be exact as to the time when they were spoken for that several had told him that Mr. Ireland had been in Staffordshire from the fifth of August to the seventh of September and therefore he resolved to be serious in thinking upon the time when he had this Discouâ—se with Mr. Ireland in London these Gentlemen above named appointed to dine together on the 21st of June where met Sir Michael Wharton Mr. Jenison Mr. Bowes Mr. Booth Mr. Griffith and Mr. Marshall where by Mr. Bowes Mr. Jenison's Letter was shewed which he acknowledged to be writ by his own hand and further told them that upon the 15th of August he returned to London from Tunbridge and on the 17th day he went to Windsor and returned on the 19th and either that night or the next day he had this discourse with Mr. Ireland at the Sign of the Hart in Russel street in Covent Garden Mr. Jenison was pleased further to relate that upon the fourth of September following he went from London into the North and returned back to London in November following and from thence he removed to Reading from whence he wrot the above mentioned Letter to Mr. Bowes this Confession of his Mr. Marshal took incerting at that very time when they dined together all of them being present as also a tâ—ue Copy of his Letter he wrot from Reading which he brought to Mr. Chetwind who carryed the same on the 22d of June to the Earl of Shaftsbury then Lord President of the Privy Councel and communicated them to several of the then Councel and on the 23. Mr. Chetwind brought Mr. Bowes and Mr. Marshal to the Lord Shaftsbury who produced to his Lordship the Original Letter before whom also the said Mr. Jenison acknowledged the Letter to be his own all which was taken upon Oath by a Justice of the Peace for the County of Middlesex and Liberty of Westminster 2. That this may be clear I shall offer Sir to your Consideration the ensuing Informations of these persons named under the first Head taken by a Justice of the Peace which will be a sufficient confirmation of the whole Matter by which you will be left without Excuse as to the clearness of that point of Ireland's being in Town which was one of the points which I did deeply suffer against all Law and Justice in the time of your Usurpation of the Crown therefore observe the Information of Sir Michael Wharton Kt. who saith That about the month of February last Mr. Bowes and Mr. Burnet of Grays Inn and my self where Mr. Jenison an Acquaintance of Mr. Bowes accidentally came into the room so that we dined together and upon general Discourses at Diner we were talking of Mr. Ireland's Tryal or Execution whereupon Mr. Bowes begun the Discourse of a Letter he had from Mr. Jenison which he thought if he had received timely enough might have very much cleared the point of Mr. Ireland's being in Town in August last Mr. Jenison owned the Letter and continued the Discourse some
time after I saw the Letter and by the Reading judg'd it might have been very Material the Matter of the Letter being perfectly owned by Mr. Jenison which Information Sir Michael Wharton signed with his own hand and the same was attested by George Booth Esq June 26. 1679 and Mr. Burnet Mr. Bowes to whom the Letter wassent and Mr. Marshall did give in their Informations as I have said before 3. The Letter it self writ by Mr. Jenison to Mr. Bowes in the next place is worth your Observation it bears date Dec. 19. 1678 from Reading in Barkshire and is as follows Mr. Jenison 's Letter from Reading in Barkshire upon his Return from to Robert Bowes Esq Son to Sir Francis Bowes Mr. Jenison being then a Papist Reading Dec. 19. 1678. Sir YOURS I have â—â—ariâ—g daâ—e the 15th instant and have not missed a Post I could send to you I am nâ—t ignorant of the Offer made by his Majesties Proclamation and lay hold on nothing buâ— Pardon for concealing that circumstance I have known so long yâ—â— I did not altogether conceal it neither for I told my Cousin Smith of it within two or three days of the breaking out of this damnable Conspiracy which how much it wâ—ighâ— I am not a â—it Judge of and I would not were it to gain a Millâ—on â—â—y a Million of Worâ—ds if possible draw the least drop of Innocent Blood upon me for I know it is a crying Siâ— therefore I pray God avert it from me all that I can tell you as I hope for the Forgiveness of my Siâ—s and Eternal Salvation is if you will distinguish between the â—ime what follows Being come from Wâ—ndsâ—r where I promised my self the happiness and satisâ—action of seing you That I might take my leave before my Journey for the North â—hich to the best of my memâ—â—y was about the latter end of August I went to do the same to Mr. Ireland whom then with all the rest I did believe to be a Man of the best conversation and life in the World â—or you know the Law doth presume every man good until it be proved otherwise after my Salute and I had told him I had been at Windsor hiâ— Interrogatory or question was what News my Return was the usual one no News but good then he procâ—edâ—d to ask me to â—â—e best of my mâ—mory how his Sacred Majesty and the Court were diverted I replyed that his Majesty took much delight in Hawking and Fishing but chiâ—fly in the latter which his Majesty followâ—d early in the Morning as I heard accompanied with two or three Lâ—â—ds or other Attendanâ—s I wonder said Mr. Ireland why his Mâ—jâ—sty should be so thin Guarded he were easiâ—y taken off or removed or some words to that purpose so sounding God forbid â— returnâ—d nâ— subjâ—yns he I do not say 't is lawful and something else I cannot câ—ll to mind that did quaâ—â—fy the former Wordâ— that I did then think his meaning was he was then sorry that his Majesty should go so weakly guarded I then took it by that handle having no other reason for I did believe him a Saint never hearing him or any of them as I hope for everlâ—sting Liâ—e defend or maintain in the least that damâ—â—ble Doctrine of Deposing Kings but now I know that Passage mâ—y be taken by the other handle and I am not â—it to judge how far yet you know words are to be taken in the milder Sâ—â—sâ— unless they are positive which these with their qualifications as they were spâ—ken were not I suppose there is clearer Evidence from Mr Oats that better knew iâ— thâ—n â— there is only another thing and I have cleared my Sâ—uâ—â—hath â—un in my fancy 〈◊〉 since this ever to be detested Immergency happened which appâ—yâ—d to these hath an 〈◊〉 with it you know whom I accuse now viz. Tho. Jeâ—â—son but other times iâ— capable of a good construction he had some busineâ—s to acqâ—aint me with and â—his foâ— two or three times at our parting fâ—â— I did not see him above â—our or five times as I remember while I was in Lâ—â—don oncâ— I urged â—im to tell me the business he replyed he would take some other occasion now I did believe he meant something about my setling in the World as a Match having propoundâ—d one to me of a Knights Daughter and it 's capable of that construction still if there be no clearer Evidence to give a lustre and a great Light on the other side we have a good Author that commands us to give unto Caesar that which is Caesars and unto God who is Truth it self what belongs to him which I would do to the dividing the minutest Aâ—om in the presence of that Truâ—h which made me but I can now remember no more if I were to gain Heaven unless my Cousin Smith put me in mind of a word or two more relating to one or two of these passages that I now don't remember which I will own if I said it otherwise not for I will have nothing to do with their Blood further than what I can with a clear and safe Conscience swear which I am ready to do if sent for as far as I have declared I am in the mean while Sir Your assured Friend and Faithful Servant Rob. Jenison This be pleased to shew to Coll Tempest our Knight of the Shire or whom you please to acquaint with it POST-SCRIPT I hear since I have writ this that four of the Jesuites are condemned which if the included two be in this might be spared only for your Satisfaction I send it and what I have said in this Letter is all I can justly swear except my Cousin Smith remember a word or mâ—re abâ—ut one of these Passages the former I mean as for the latter all what I have said iâ— by all thâ—t is Sacred and I hope it is no offence to swear to the Truth all and the Sum I say of what I know if it were the last moment I have to live I could say no more 4. You have here several of his Informations upon Oath of the same Import taken upon Oâ—th by Eâ—mund Warcupp Esq who then was a zealous Magistrate and incouraged the Diâ—covery of the Popish Plot what a Toâ—le he was since I appeal to his own Coâ—science 〈◊〉 is for â—is good Sâ—rvâ—ces Sir Edmund but of them in their proper place but he I say took no less â—han â—our Informâ—â—ions of this Mr. Jenison upon Oath where to please you I have here set thâ—m down in Words at length 1. Was taken upon Oath June 26. 1679 and is as follows The Information of Robert Jenison of Grays Inn Esq Son of John Jenison of Walworth of the County Palatine of Durham Esq taken upon Oath this 26th Day of June 1679 before me Edmund Warcupp Esq One of His Majesties Justices of the Peace in the County of Middlesex THis Informant saith That he went from London to see Windsor and to
and committed for High Treason and you had two Villaiâ—◠〈…〉 him out of his Life just before I discovered the Plot and when 〈…〉 your â—â—pish Witnesses disappeared and Clapool in January or February following was 〈◊〉 I have said pretty much of that business in my first Parâ— to which 〈…〉 4. Give me leave to add another Particular and that is you did no◠〈…〉 true blew Church of England Protestants that were aiding and abâ—tting youâ— Popish Crew in the Country of which there might be many Instances given 〈…〉 not too much burden your Sacred Soul I will only mention this One 〈…〉 out by Mr. Dugdale against Sr. Thomas Whitgrave of Bridgford in the County of Stafford who was a Person applyed unto on the Papists behalf to evade the Penaâ—â—iâ—s and Punishments of the Penal Laws against Papists as a Justice of the Peace in open Sessions assisting the Papists on all occasions particularly directing Presentments against Papists to be omitted which he had to the Knowledg of this Dugdale practised for ten Years together and also he was one that laboured with the Inhabitants of the Town of Stafford to choose the Lord Stafford for their Steward and further acquainted the House that this Whitgrave received Money of the Lord Aston for his said Practices on the behalf of the Papists and not only so but that he the said Whitgrave had for some time before the Discovery of the Popish Plot fraudulently purchased divers Papists Estates to the value of 40000 l. and upwards to defraud the King and that he was acquainted with the Secrets of the Papists and with the Orders and Decrees of the Popish Priests as he was told and could if he might have been heard have proved the same 6. The next Witness that I shall use is John Smith this Man upon his Return to England was planted as a Priest in the House of Mr. Robert Jenison before mentioned who wâ—â—â—he fourth Witness and in his time there was a great Collection of Money on fooâ—â—mongst the Popish Party to the promoting of which Collection the Assistance â—â— Mr. Smith was desired but he did not only refuse but disswaded Mr. Jenison and 〈◊〉 â—amily where he then was from contributing Money upon any occasion 't is true â—â—â—retence for which this Money was raised was the Repair of the English Colâ—â—â—â— â—oway but the Collection was so universal and the Sum collected so great that 〈…〉 could not believe that such a Treasure could be all sacrificed to the repair of a Câ—â—â—ge but feared that there was some design on foot for the carrying on of which so large a Sum of Money was raised but the thing dyed with Mr Smith and revived not till the Discovery of the Popish Plot then Mr. Smith did not only acquaint the Parliament with this Passage but gave in an Information that tended mightily to corroborate Mr. Jenison's Evidence which is as follows Part of the Information of John Smith of Walworth in the County Palatine of Durham Gent. taken upon Oath the 8th day of September 1679 before me Edmund Warcupp Esq One of His Majesty's Justices of the Peace in the said County and City THis Informant that Mr. Robert Jenison came to his Fathers Midd. ss House in Sept. 1678 where after he had been some Days Sir Edward Smith came to Walworth and produced a Letter signifying a Discovery of a Popish Plot in London and upon Inquiry who were in it Ireland and Whitebread were named about three or four days after which Mr. Robert Jenison before his Father Sisters and this Informant said That he believed there was something of a Plot for that he had heard Mr. Ireland say it was an easie matter to take off the King whereupon this Informant asked what that Ireland was who answered that he was a Jesuit and his Cosen and Mrs. Katharine Jenison his Sister asked when he saw Mr. Ireland Who answered a little before he came out of Town at his Lodging in Russelstreet which was on the day that himself came from Windsor and the same day that Mr. Ireland came post out of Staffordshire and that he then found him pulling off his Boots Mrs. Katharine Jenison asked him how her Aunt in Staffordshire did Who replied Mr. Ireland said she was well and that he had been with her in Staffordshire at that time This Informant then asked him what a kind of man Mr. Ireland was Who answered that he was a fine Countenanced smiling man and Swore if he be Guilty of this Plot I will never trust a smiling man again thereupon this Informant asked him what he thought of him Who answered I doubt there is some Guilt in him because he had inquired of him when he came from Windsor how the King diverted and how he was attended whereunto he answered in Hawking and Fishing attended only with three or four Persons Mr. Ireland replied he would go so slenderly guarded he were easily taken off and then he paused but sometime after Mr. Jenison repeated that he feared there was something in that Plot for that Mr. Ireland had said to him at another time That there was but One in the way and were he removed the Catholic Religion might flourish again in England whereupon this Informant said those were damnable suspicious things which Mr. Ireland had spoken about the King thereupon old Mr. Jenison rose up and swore Mr. Ireland was a Rogue and so left the Room and determined the discourse at that time but sometime after in this same Month this Informant walking on the Leads with Mr. Robert Jenison discoursing of the Jesuits being in the Plot the said Robert Jenison told this Informant that Mr. Ireland had at another time told him that Sir George Wakeman was a fit Person to Poyson the King being the Queens Physitian and a Papist upon which this Informant said he hoped the King would not take Physic of any Papist in regard they might be Jesuitically inclined and the Jesuits were against Monarchy in temporal Princes though appointed by God himself upoâ— which the said Mr. Robert Jenison asked are the Jesuits against Monarchy whereto this Informant replied you may easily Judge that by their taking off many Kings and Princes and by their holding it lawful for the Pope to deprive Kings of their Kingdoms and to dispose of them at his pleasure so that though a King be the Annointed of the Lord and One that should not be touched with violent Hands yet not only his Kingdom but his sacred Life lies at the Popes Pleasure Mr. Jenison answered doth the Pope allow of this This Informant answered yes they have often practised it in this and other Kingdoms and thereby brought more Schism and Division into the Church than ever was before such damnable things were practised by the Pope and his Emissaries whereto Mr. Jenison replied you Seculars are generally against the Jusuits and in many things against the Pope whereunto this Informant replied if you please to consider
the said Duke should succeed to the Imperial Crown of this Realm nothing is more manifest than that a total Change of Religion within these Kingdoms would ensue For the Preservation thereof be it Enacted by the King 's most Excellent Majesty by and with the Advice and Consent of the Lords Spiritual and Temporal and the Commons in this present Parliament assembled and by the Authority of the same That the said James Duke of York shall be and is by the Authority of this present Parliament excluded and made for ever incapable to inherit possess or injoy the Imperial Crown of this Realm and of the Kingdoms of Ireland and the Dominions and Territories to them or to either of them belonging or to have exercise or injoy any Dominion Power Jurisdiction or Authority in ihe same Kingdoms Dominions or any of them And be it further Enacted by the Authority aforesaid That if the said James Duke of York shall at any Time hereafter challenge claim or attempt to possess or enjoy or shall take upon him to use or exercise any Dominion Power or Authority or Jurisdiction within the said Kingdoms or Dominions or any of them as King or chief Magistrate of the same that then he the said James Duke of York for every such Offence shall be deemed and adjudged guilty of High Treason and shall suffer the Pains Penalties and Forfeitures as in Case of High Treason And further That if any Person or Persons whatever shall assist or maintain abet or willingly adhere unto the said James Duke of York in such Challenge Claim or Attempt or shall of themselves attempt or endeavour to put or bring the said James Duke of York into the Possession or Exercise of any Regal Power Jurisdiction or Authority within the Kingdoms and Dominions aforesaid or shall by writing or preaching advisedly publish maintain or declare That he hath any Right Title or Authority to the Office of King or chief Magistrate of the Kingdoms and Dominions aforesaid that then every such Person shall be deemed and adjudged guilty of High Treason and that he suffer and undergo the Pains Penalties and Forfeitures aforesaid And be it further Enacted by the Authority aforesaid That if he the said James Duke of York shall at any time from and after the Fifth of Nov. 1680. return or come into or within any of the Kingdoms or Dominions aforesaid then he the said James Duke of York shall be deemed and adjudged guilty of High Treason and shall suffer the Pains Penalties and Forfeitures as in case of High Treason And further That if any Person or Persons whatsoever shall be aiding or assisting unto such Return of the said James Duke of York that then every such Person shall be deemed and adjudged guilty of High Treason and shall suffer as in cases of High Treason And be it further Enacted by the Authority aforesaid That he the said James Duke of York or any other Person being guilty of the Treasons aforesaid shall not be capable of or receive Benefit by any Pardon otherwise than by Act of Parliament wherein they shall be particularly named And that no Noli prosequi or order for stay of Proceedings shall be received in or upon any Indictment for any of the Offences mentioned in this Act. And be it further Enacted and Declared and it is hereby Enacted and Declared That it shall and may be Lawful to and for any Magistrates Officers and other Subjects whatsoever of these Kingdoms and Dominions oforesaid and they are hereby enjoyned and required to apprehend and secure the said James Duke of York and every other Person offending in any of the Premises and with him or them in case of Resistance to fight and him or them by force to subdue for all which Actings and for so doing they are and shall be by Virtue of this Act saved harmless and indemnified Provided and it is hereby Declared That nothing in this Act contained shall be construed deemed or adjudged to disenable any other Person from inheriting and injoying the Imperial Crown of the Realms and Dominions aforesaid other then the said James Duke of York but that in case the said James Duke of York should survive his now Majesty and the Heirs of his Majesty's Body the said Imperial Crown shall descend to and be injoyed by such Person or Persons successively during the Life of the said James Duke of York as should have inherited and injoyed the same in case the said James Duke of York were naturally dead any thing contained in this Act to the contrary notwithstanding And be it further Enacted by the Authority aforesaid That during the Life of the said James Duke of York this Act shall be given in charge at every Assizes and General Sessions of the Peace within the Kingdoms Dominions and Territories aforesaid and also shall be openly read in every Cathedral Church and Parish Church and Chappels within the aforesaid Kingdoms Dominions and Territories by the several respective Parsons Vicars Curates and Readers thereof who are hereby required immediately after Divine Service in the Forenoon to read the same twice in every Year that is to say on the 25th of December and upon Easter Day during the Life of the said James Duke of York Which Bill was Read thrice and Passed the House of Commons and upon its being Rejected in the House of Peers behold this Address to the King your Brother The humble Address of the House of Commons presented unto his Majesty upon Tuesday the 21 th of December 1680. in answer to his Majesty's Gracious Speech to both Houses of Parliament upon the 15 th Day of the same December May it please your most Excellent Majesty WE your Majesty's most dutiful and loyal Subjects the Commons in this present Parliament assembled having taken into our serious Consideration your Majesty's gracious Speech to both your Houses of Parliament on the Fifteenth of this instant December and do with all the grateful Sence of faithful Subjects and sincere Protestants acknowledg your Majesty's great Goodness to us in renewing the Assurances you have been pleased to give us of your Readiness to concur with us in any means for the Security of the Protestant Religion and your gracious Invitation of us to make our Desires known to your Majesty But with grief of Heart we cannot but observe That to these Princely Offers your Majâ—sty has been advised by what secret Enemies to your Majesty and your People we know not to annex a Reservation which if insisted on in the Instance to which alone it is applicahle will render all your Majesty 's other gracious Inclinations of no Effect or Advantage to us Your Majesty is pleased thus to limit your Promise of concurrence in the Remedies which shall be proposed That they may consist with preserving the Succession of the Crown in its due and legal Course of Descent ond we do humbly inform your Majesty That no Interruption of that Descent has been endeavoured