had not been as careful and diligent and as ready and forward to discover them a great while since I gave his Majesty says he an account to the best of my knowledge and he seemed to be well pleased and thankt me for it but before I had power to put it in writing the Council thought it fit that I should be committed to Prison That there was a designe to set up the Duke of Monmouth I will not say while the King reigns though some extravagant hot-headed men have taken upon them to discourse these things but not any worthy man I know those that have been worthy to be called by that name have declared in my hearing that in opposition to the Duke of York if the King be seized they would stand by the Duke of Monmouth There are others that were for a Commonwealth and some few for the Duke of Bucks He confesseth that Goodenough told him the King was to be taken off as he came from Windsor that they wanted a place of meeting in order to it and the place pitched on was Black-heath where Rous advised that a Ball of Silver worth thirty or forty pound might be thrown up and the people invited to come and drink a Bowl of Punch which would have gathered thirty or forty thousand in two or three days time That this Goodenough spake in base Language concerning the Duke of York calling him Rogue and Dog and that we will do his work and that after the Kings decease the Duke of Monmouth having a Vogue with the People must of necessity succeed And he confessed that it was just in God and righteous and just in the King that he died On the 6th of February 1683. in Hillary-Term John Hambden Esq was tryed at the Kings-Bench-Bar upon an Indictment of High Misdemeanour for assembling meeting consulting c. with divers ill-disposed Subjects of the King to disquiet molest and disturb and as much as in him lay to incite stir up and procure Sedition within this Kingdom of England and further to cause an Insurrection and to provide Arms and armed men for that purpose And also for that he did consult agree and consent that a person should be sent into Scotland to invite and incite divers ill-disposed people to come into England to consult and advise with him and others here concerning aâ—â— and assistance from thence to bring about their designes He pleaded Not guilty but upon a full and fair hearing he was found Guilty and Fined forty thousand pounds Which Sentence was given the 12th of February being the last day of the said Term. The Witnesses were James Duke of Monmouth but he did not appear William Lord Howard whose evidence is supported by Sir Andrew Foster Mr. Atterbury one Sheriff thaâ— lodg'd Aaron Smith at Newcastle and Beâ— that directed him the way into Scotland The Lord Chief Justice tells the Jury Thâ—â— if there were another Witness as positive against the Defendant as my Lord Howard the matter would amount to no less than High-Treason The next day being the 7th of February 1683. Lawrence Braddon and High Speke Gent. were tryed upon an Information of High Misdemeanour Subornation and spreading False Reports at the Court oâ— Kings-Bench for that whereas the Earl of Essex on the 10th of July in the thirty fifth year of the King was committed to the Tower for High-Treasons supposed to be committed on the 13th did there kill and murther himself as appear by an Inquest taken in the Tower the 14th day of July in the year aforesaid They not being ignorant thereof but contriving and maliciously and seditiously intending to bring the Kings Government into hatred disgrace and contempt did conspire and endeavour to make the Kings Subjects to believe that the said Inquisition was unduly taken and that the said Earl was murdered by some person in whose custody he was And to bring this to effect they procured false Witnesses to prove it And to perswade others to the belief of it they caused to be declared in writing that the said Braddon would prosecute the matter This is the sum of the Indictment To which they pleaded Not guilty How the Intrigue was managed in brief The 13th of February in the morning the King and Duke going to visit the Tower in the interim of their being there that dreadful accident of the Earl of Essex cutting his own throat happen'd The rumour of the one and the other caused a great concourse of people Among the rest there was one Edwards his son a School-boy of about thirteen years old that having played Truant in the Tower that morning upon this occasion thought it best to tell some strange story when he came home to Dinner to palliate his Truantry and accordingly goes home and tells his Mother and Sisters that he saw a hand throw a Razor out of the window of the Earl of Essex his Chamber They were surprised at this and charged the Boy to tell truth and not to tell lyes to excuse his play as he used to do He persisted in it Mr. Braddon being told of this Boy goes to his fathers house pretending he came from Sir Henry Capel and the Countess to examine the Boy which when he had done he writes a Paper and reads it to the Boy for him to signe The Boy refuses to signe it because he said the whole matter was a lye So Braddon went away but coming another time he got the Boy to signe it telling him it was no harm He also found out a Girl of about the same age that said she saw a hand throw out a bloudy Razor but from whose window she knows not and she said many others saw it but she could name none Braddon goes with this to Sir Henry Capel desiring his assistance in the prosecution of the Earl's murder but Sir Henry directs him to a Secretary of State it being of publick concern He goes to a Secretary has his little Witnesses examined before the King in Council and the business found false and frivolous Mr. Braddon would not rest here being in Conscience bound to prosecute the Murder as he alleadg'd but resolves for the Country and goes to one Mr. Speke desiring his Letter commendatory to Sir Robert Atkins in Gloucester-shire which was granted by that Gentleman who also sent his man along with him to defend him from Assaults To colour this it was pretended that Braddon had word sent him that my Lords death was discoursed the same day it was done at Marlborough and at the Posthouse in Frome nay at Andover two or three days before it happened Mr. Speke's Letter to Sir Robert Atkins concerning Braddon which he had about him when taken commends his great integrity and courage thanking the person 't was writ to for great kindness to him and his friends hoping to get my Lords Murder tryed before the Tryal of any in the Tower saying the Tyde run strong against them and he must not be called Braddon but
Papist and by foreign Alliances and Assistance they may be able to succeed in their wicked and villanous designes And forasmuch as the Parliaments of England according to the Laws and Statutes thereof have heretofore for great and weighty reasons of State and for the publick good and common interest of this Kingdom directed and limited the Succession of the Crown in other manner than of course it would otherwise have gone but never had such important and urgent Reasons as at this time press and require their using their extraordinary power in that behalf Be it therefore enacted by the Kings 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 and it is hereby enacted accordingly That James Duke of York Albany and Ulster having departed openly from the Church of England and having publickly professed and owned the Popish Religion which hath notoriously given birth and life to the most damnable and hellish Plot by the most gracious providence of God lately brought to light shall be excluded and disabled and is hereby excluded and disabled for ever from possessing having holding inheriting or enjoying the Imperial Crowns and Governments of this Realm and these Kingdoms and of all Territories Countries and Dominions now or which shall hereafter be under his Majesties subjection and off and from all Titles Rights Prerogatives and Revenues with the said Crowns now or hereafter to be enjoyed And that upon the demise or death of his Majesty without Heirs of his body whom God long preserve the Crowns and Governments of this Kingdom and all Territories Countries and Dominions now or which shall hereafter be under his Majesties subjection with all the Rights Prerogatives and Revenues therewith of right enjoyed and to be enjoyed shall devolve and come upon such person who shall be next lawful Heir of the same and who shall have always been truly and professedly of the Protestant Religion now established by Law within this Kingdom as if the said Duke of York were actually dead And that whatever acts of soveraign power the said Duke of York shall at any time exert or exercise shall be taken deemed and adjudged and are hereby declared and enacted High-Treason and to be punished accordingly And forasmuch as the peace safety and well being of these Kingdoms do so intirely depend upon the due execution of and obedience to this Law Be it further enacted by the Authority aforesaid That if any person shall in any-wise at any time during the King's life which God long preserve or after his demise or decease aid assist counsel or hold correspondence with the said Duke of York who is and ought to be esteemed a perpetual Enemy to these Kingdoms and Governments either within these Kingdoms or out of them or shall endeavour or contrive his return into either of them or into any of the Territories or Dominions of the same or shall during the King's life publish or declare him to be the lawful or rightful Successor apparent presumptive or other Heir to the Crown of England or shall after the demise or decease of the King that now is proclaim publish or declare the said Duke of York to be King or to have right or title to the Crown or Government of England or Ireland or shall by word writing or printing maintain or assert that he hath any manner of right or title to the Crown or Government of these Kingdoms and shall be therefore convict upon the evidence of two or more lawful and credible Witnesses shall be adjudged guilty of High-Treason and shall suffer and forfeit as in cases of High-Treason And forasmuch as the Duke's return and coming into any of the foresaid Kingdoms Countries Territories or Dominions will naturally conduce to bring vast mischiefs and all the evils hereby provided against upon them in War and Slaughter and unspeakable Calamity which therefore the said Duke must be presumed to designe by such his return or coming into any the foresaid Kingdoms c. Be it therefore likewise enacted and it is hereby enacted by the Authority aforesaid That if the said Duke do at any time hereafter return or come into any of the foresaid Kingdoms c. he shall be and hereby is thereupon attainted of High-Treason And all manner of persons whatsoever are authorised and required to apprehend secure and imprison his person and in case of resistance made by him or any of his Complices to subdue c. imprison him or them by force of Arms. Now let any considering man judge whereto these violent proceedings tended when the King 's necessary Guards be thought a grievance and the executing the penal Laws on Dissenters be made a grievance of the Subjects an encouragement to Popery and dangerous to the Peace of the Kingdom when the King may not raise moneys on his own Revenues and his People will give him none nay they shall be accounted Enemies to the Peace of the Nation that assist him when his Customs shall be taken from him and the Oaths of Allegiance and Supremacy dispensed with the Bill for excluding the lawful Successor resolutely insisted on and a War threatned by some if it did not pass when the D. of M. must be restored to his Offices and all that should oppose the Bill of Exclusion shall be dealt with as Betrayers of the King the Protestant Religion and the Kingdom of England and Pensioners of France and it must be taken as a favour that the D. of Y. was onely to be excluded and another would perswade him to destroy himself and another threatneth in print that rather than not exclude him they would exclude the whole glorious Family of the Stuarts when seditious Petitions were counted part of the Liberty of the People and no Addresses to the King by the Loyal Party to be tolerated and publicâ— thanks given to a seditious Party of the City for their manifest Loyalty to the King their care charge and vigilancy for the preservation of his Majesties person and the Protestant Religion and the King's Prerogative to call or dismiss his Great Council questioned and they who infused fears and groundless jealousies of the Kings ruling by an Arbitrary power did in an arbitrary manner fine and imprison divers loyal Subjects And when it was published That if the King should die a violent death they would avenge it on the Papists when the chief Ministers of State the Bishops the Lord Mayor and Magistrates and all that were eminent for their Loyalty were already condemned as being Popishly affected and the Clergie branded as Projectors for the Church of Rome Hereupon a Discovery being made by one of the Conspirators the Kings Majesty issueth his Declaration 27 of July 1683. to inform his Subjects of a Plot contrived by persons of several Perswasions to make a general Insurrection in this Kingdom and Scotland And that while this Designe
forced from him before but it was with such restrictions that they liked it not but took it on their own terms And indeed the King told them by one of his Secretaries You insist on something in Religion more than formerly you were contented with I am therefore commanded to let you know that were His Majesties condition much lower you shall never force him to any further Concessions to the prejudice of his Conscience and of the Protestant Religion in which he is resolved to live and for which he is ready to dye and that he will joyn with any Protestant Prince nay with his Rebels at home rather than yield the least to you in this particular And this was the joynt opinion of the Papists in England and Ireland that the King would give them all up as a Sacrifice to compass a Peace with his Parliament though they had been Loyal to him in his extremity The Marquess of Ormond and those that acted for the King under his Lieutenancy in Ireland was so prosperous in his endeavours to reduce that Kingdom to the obedience of the Crown that a Peace was made with the most considerable of the Confederate Irish But they being otherwise tampered with by the Parliament-party contrary to their Faith and promise the Popes Nuntio and some Irish Clergy prevailed with the Vlster-Irish under Owen Roe Oneale to refuse to come under the Kings Authority Of which the Author of the History of Independency p. 150. of the Second part tells us in the Margent that the Council of Officers endeavour to joyn interests with the Papists in England and Ireland And then says The King had offended the Papists in the last Treaty in granting so much to the Parliament for their suppression The Independents perceiving it and willing to joyn with any interest to make good their design it was proposed at the Council of Officers that the Papists should raise and pay Ten thousand additional Forces for the Army in recompence whereof all penal Laws concerning them should be repealed all Taxes and Contributions taken off and they to have the protection of the Parliament and Army Vnder the same notion they endeavoured to joyn interests with Owen Roe Oneale who commanded that bloody party of Massacring Irish with which they had formerly taxed the King They supplyed him with Ammunition and admitted O Rely the Popes Irish Nuntio to a Treaty here in England Sir John Winter was taken into imployment and the arrears of his Rent gathered for him by Souldiers to the regret of the Country Sir Kenelme Digby had a Pass to come into England and came as he was foretold by a Letter by an Independent Agent for the Army from Paris to an Independent Member of the House of Commons a creature of the Army dated 28 November 1648 and printed at the later end of The true and full relation of the Officers and Armies forcible seizing of divers eminent Members Walter Mountague was let forth on bail What becomes of this Negotiation whether those that played fast and loose with all interests in the Kingdom have not done the like with the Papists this Author shews in the following relation for p. 198. he says the under-hand combination between the Independent party and Owen Roe Oncale is now openly declared and avowed by their own licensed News books Owen Roe and Colonel M. are joyned says the modest Narrative Our party have permitted Three hundred of Onealâ— own Regiment to quarter in our parts among the Creats within two miles of Dundalk saith the Scout Owen Roe and Berne are come towardâ— Colonel Jones and Colonel M. 's quartersâ— he is so fair as to pay Contribution his quarters are to the Scots side of Dublin to prevent their giving aid to Ormond in his attempt up on Dublin Who can blame necessity Nor dâ— our Grandees now deny this Confederacy with the bloody Popish Massacring Rebels although they had the impudence to make the only supposition thereof one of the principal charges against the late King and to raise a great outcry against the Marquess of Ormond and Lord Inchiquine for their cessation with Preston which was to prevent the Cromwellists who offered to associate with him on conditions much more prejudicial to the Protestant Religion and English interest than the Marquess gave them they offered Oneale all the Lands in Ulster forfeited by his Grandfather Tyrone Shan Oneale and others attainted thereby destroying the British Planters there c. P. 2â—â— He refers to a paper called The Association between Oneale c. And another called The true state of the Transactions with Owen Roe Oneale as it was reported to the Parliament by the Council of State printed by Edw. Husbands 15 Aug. 1649. This was so abhorred by the English Souldiery that many there took occasion to forsake the English Parliament and many here disbanded rather than they would accompany Cromwel in so wicked an Expedition and I doubt not but the imposing on some of the Independent Officers such a vile drudgery did so much dissatisfie them as to make them after they had extricated themselves from their toyls to bethink themselves how they might serve a better Master I shall therefore beg pardon for transcribing the progress of this affair referring the Reader to the former Quotations Cromwel writes Letters to his Creatures of the Council of State complaining how much the miscarriage of that agreement had retarded his voyage desiring them for satisfaction of the Souldiery and people to treat with some body to take the whole business on himself and to clear the Council of State the Parliament and Cromwel himself from having any hand in it And to carry on the Scene this Agreement was with much heat of zeal complained of in the House of Commons by a Brother who had his Cue before-hand and by the Juncto was referred to the Council of State as was forelaid where after some private conference with him whom they had intrusted to accommodate the business they publickly voted their dislike of it Bradshaw reprehending him for it and at last they ordered that the whole business with the reasons for his justification should be reported by Tho Scot to the House of Commons which was done on Friday Aug. 10. whereupon their Commissioner was called to the Bar where the Speaker asked him What persons he meant in his Letter to the Lord Lieutenant of Ireland wherein he saith he made the agreement with Oneale with the advice of some others He answered That he did it on his own score for so he was instructed and cautioned before and his life had been in danger if he had done otherwise without advice of any only having discourse with Colonel Jones he told him if he could keep Owen Roe and Ormond from joyning iâ— would be a good Service This Answer was taken for satisfactory The next demand was Whether he had any advice or directions from the Parliament Council of State Lord Lieutenant of
Ireland or any other person 〈◊〉 do the same which he expresly denyed saying He did it on his own score Whereupon the House Voted Resolved c. That the House doth utterly disapprove of the proceedings of Colonel M. in the Treaty and Cessation as they called it made between him and Owen Roe Oneale and that this House doth detest thoughts of any closing with any Party of Popish Rebels there who have had their hands in shedding English Bloud Nevertheless the House being satisfied that what the said Colonel did therein was in his apprehension necessary for the preservation of the Parliaments interest the House is content that the farther consideration thereof as to him be laid aside and shall not at any time hereafter be called in question Upon these proceedings the Author notes 1. The Armies Doctrine and Vse of apprehended necessity and good intentions to justifie evil actions approved of by this Parliament 2. This Agreement though it were twelve weeks before publickly known in England and divulged in licensed News-books was never scrupled until that first the said Agreement was expired And 3. That Oneale was so beaten by the Lord Inchiquine that as their News-books said he was inconsiderable and must suddenly joyn with Ormond or be destroyed 4. That these Votes call this Agreement but a Treaty and Cessation which was a League offensive and defensive against Ormond Inchiquine and all that upheld Monarchy For which the Author gives these Reasons Because the second Article says That on all occasions both Parties be ready to assist one another till a more absolute Agreement be made by the Parliament of England And the third Article saith That the Creats of Ulster residing in the Quarters of the Parliaments Army shall pay Contribution to General Owen Oneale which is a granting of Taxes against Law and it seems Oneale became a Mercenary being taken into pay Article the fourth saith That if Oneale shall happen to fight against the Forces under Ormond Inchiquine or other Enemies of the Parliament and thereby spend his Ammunition if he be near to their Quarters and want Ammunition they shall then furnish him This was actually performed when Inchiquine besieged Dundalk The fifth Article allowed Oneale the use of any Harbours within their liberty By which Premises we may rationally conclude that the Factions are not so averse from the most bloudy Papists but if occasion require they are ready to joyn interest with them to maintain their Good Old Cause against the Crown and Church of England which will farther appear by the Correspondency and Agents which the successive Parties that were uppermost maintained in foreign parts to betray the present Kings Counsels while he was in banishment for which Manning a Papist was executed for whom many Dirgies were sung in several Churches And when his Majesty was invited into Scotland the Marquess of Huntly and other Lords and Heads of the Popish Faction made a great Party to oppose his Reception unless he would grant a Toleration of their Religion But the Presbyterian Party having then the greatest power admitted him on such terms as they thought fit and served him no longer than they could serve their own designes For the clearer manifestation of the ASSOCIATION between Oneale and the Parliament there are lately come to the Council of State saith the Author of the Hist of Independ p. 245. two Letters out of Conaught from Sir Charles Coote dated the 14th and 15th of August 49 informing them with how much zeal to the Parliaments interest Owen Oneale had freely raised the Siege of London-derry On which Letters and the Votes and Proceedings of Pride 's Parliament I commend to the Readers observation these particulars First the 15th of August the Letters inform them that Oneale freely offered his assistance to Coote professing much affection to the Parliament of England and an earnest desire to maintain their interest He had formerly stiled the Parliament Monstrosum Parliamentum but now the case is altered 〈◊〉 calls them the Honourable Parliament as driving his interest against Monarchy and Protestancy In the Letter of the 14th he informs the Parliament that he hath found Oneale and his Army very punctual and faithful in all their promises and ingagements and make◠no doubt but they will continue so to the end The 16th of August he says that Oneale i◠his Express to Coote inclosed some Letters received from Col. M. and among the rest 〈◊〉 Copy of a Letter in answer to a Letter of the Lord Inchiquine charging the Colonel for joyning with Oneale and his party wherein the Colonel insinuated as if Oneale 's submission to use the Parliaments power were already accepted by them In that of the 15th Coote hath this expression in his Letter Calling to mind that it is no new thing for the most wise God to make use of wicked Instruments to bring about a good designe Aug. 15. the Letter says that Coote called a Council of War and resolved it was better to accept of the Assistance of those who proclaimed themselves Friends to us and our interest we fight for The same Letter says that we added to the Article this proviso Not use their Assistance longer than the approbation of the State of England should go along with us therein In that of the 14th Coote says Oneale was pleased to communicate to him certain proposals which were long since transmitted to the Parliament and though for his part and the prime Officers with him they do not doubt but the proposals are already yielded to by the State yet in regard their Army and party in all other parts of the Kingdom cannot be satisfied therewith till the Parliament declare more publickly therein he hath therefore desired me humbly to intreat your Lordships to declare your Resolutions therein with as much speed as may be And in a Vote of Parliament it 's said The House is well satisfied of the diligence faithfulness and integrity of Sir Charles Coote in preserving the Garison of London-derry Which says my Author was preserved by the conjunction of Oneale who raised the Siege But to return to England where though the Jesuits and Priests did not appear so visibly as in the Wars of Ireland yet that they had great influence on the Councils and Armies of the Fanaticks from the beginning to the end of the War is industriously proved by Mr. Prynne in several books especially in his Introduction to the Archbishop's Tryal and in Romes Master-piece Works of Darkness brought to light The Royal Favourite c. The first War begun with the clamour of Popery That it was admitted not onely at the Court but into the Church particularly that the King was a great favourer of Papists and the House of Commons instance in one Goodman a Romish Priest who was condemned at the Sessions in the Old-baily Whereupon the House remonstrates That it was more necessary to put the Laws in execution at that time than in any before That at