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A53380 A display of tyranny, or, Remarks upon the illegal and arbitrary proceedings, in the courts of Westminster, and Guild-Hall London from the year, 1678, to the abdication of the late King James, in the year 1688, in which time, the rule was, quod principi placuit, lex esto : the first part. Oates, Titus, 1649-1705. 1689 (1689) Wing O35; ESTC R16065 100,209 272

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them to safe retirements and so were clap'd into the Tower and afterwards in different wayes butchered It was resolved that my Lord Russell the Honour of his Age should be cut off in a seeming way of Justice and as he was a Person of inestimable value so the art used to destroy him was extraordinary in the first place The Conspirators to introduce a belief of his Lordship's guilt procure two Persons charged with Keeling's Plot to be convicted just before my Lord is brought to Tryal reserving other two of them of whose Conviction they more doubted to be tryed after his Lordship Then a well prepared Pannel of Jurors many of them train'd and disciplin'd under L'Estrange and some Inferiour Clergy-Men his Prostitutes was returned by Sr John Moore 's Sheriffs Matters being thus prepared He is brought upon his Tryal at the Old-Bayly upon Friday the 13th of July 1683 At the instant of entring upon it the Conspirators cut the Ea●l Essex's Throat in the Tower and to facilitate the dispatch of the Lord then at the Bar they immediately intimate by an express to the Old-Bayly that the Earl of Essex had murdered himself from hence a wicked and unquestionably a premeditated Inference is raised of the good Lord Rassell's guilt and by this diabolical contrivance the Blood of the Earl of Essex is made a main Evidence towards the Prisoner's Conviction that being accomplished upon the day ensuing the Verdict of his guilt is made an Argument to seduce and delude the Coroner's Inquest into a belief that the Earl of Essex had destroyed himself The Jury being called his Lordship was over-ruled in his Challenges of those of them who were not Freeholders though the learned in the Laws did and do say that he was entituled to those Challenges not of Grace but Right and the same was allowed to others by my Lord's Prosecutors at such Seasons when it would not disserve their turn thus the Estate Honour and Life of this Noble Lord are put into the Hands and Power of Tradesmen and Shop-keepers He being charged with an Indictment for high Treason the right of my Lord 's Challenging for want of Freehold was argued and insisted upon by his Council Mr Pollexfen Mr Holt and Mr Ward But was opposed by The Attorney General The Solicitor General Sr George Jeffryes and Mr North. And was over-ruled by the Judges upon the Bench who were The Lord Chief Justice Pemberton The Lord Chief Baron Justice Jones Justice Wyndham Justice Charleton Justice Levins Baron Streete and Justice Wythens Then the following Jury were sworn Jahn Martin William Rouse Gervas Seaton William Fashion Thomas Short George Tory Ano. William Butler James Pickering Thomas Ieve Hugh Noden Robert Brough and Thomas Oneby Then Mr North the King's Counsel opened the Indictment to this effect That the Prisoner stood charged with no less than conspiring the Death of the King and that in order to it he with other Traytors the second of November 1682 conspired to raise War against him and to Massacre his Subjects and to seize his Guards and Person The Attorney General being so hot upon this bloody pursuit that he had before positively refused to defer the Tryal till the Afternooon * 'T is probable that he might imagine that by the Afternoon the suspition of the Earl of Essex's Assassination might reach the Ears of the Jury as it did in a few hours many about the Town and then Mr Attorney had lost that which he made a mighty part of his Evidence and imposed upon the Court to go instantly upon it did now apply himself totis viribus to impress the Jury telling them that the Prisoner was one of the Council of State as he in a scornful way expressed himself to give forth directions for the general Rising that as had appeared was to be in the Kingdom That the Rising was of great concern and expence and must be managed by Persons of Interest Prudence and Secrecy That they consulted in October and November how to seize the Guards and at several meetings they received Messages from my Lord of Shaftesbury touching the Rising That this was the great Consult and moved all the Wheels That there were Vnderlings who were to manage the Assassination who were an inferiour Council of seven That there was a great Council of six who were the Prisoner the Earl of Essex whom he pretended he was sorry to name he having that Morning prevented the hand of Justice upon himself * Note this was spoken within an hour or two after the Earl's death before any Inquisition taken or it could possibly be known how he came by his death but right or wrong this Jury must now pass upon him and find him Felo de se to facilitate and justifie the Murder they are now to commit and four others That they debated how they should make the Rising Resolved that before they fell upon it they would have an exact account of the time Method of the Scotch Rising and thereupon Colonel Sidney sent Aaron Smyth on purpose to invite Scotch Commissioners to treat with these Noble Lords that pursuant to this just before the Plot broke out several came from Scotland to treat how to manage the Work They demanded at first 30000 l. then fell to 10000 l. and at last to 5000 l. but they not coming to their terms it broke off the Week the Plot was discovered He concluded that they should shew that all the Inferiour party still look'd upon these to be the Heads I shall not here trouble the Reader with the particulars of the Evidence given against this Noble Lord by the Lord Howard Colonel Romsey and Mr Shepheard nor offer at any Remarks thereupon much less to touch upon the many Hardships and great Injustice put upon his Lordship in this Prosecution in point of Law all that having been admirably well done by the Learned Pens of the right Honourable the Lord Chief Baron Atkyns and of Mr Hawles of Lincolns Inn My purpose not only in extracting these Notes in my Lord Russell's Case but also in this whole Tract being only to present the World with some matters of History which they did not put down or remark upon and which indeed invited me to this work to gather together for publick use Abstracts and Remarks upon some memorable Tryals in the late unhappy Reigns upon which they never touched I shall therefore now proceed to represent something further of the carriage and exasperating Speeches of the King's Council c. against his Lordship The Solicitor General sum'd up the Evidence in this manner That the Prisoner stood Indicted for High Treason in conspiring the Death of the King That the Overt Act laid to prove that Conspiracy by is the assembling in Council to raise Arms against the King and to raise a Rebellion and that they had proved that by three Witnesses He then proceeded to state the substance of the Evidence which having done as
part of those Forces with great difficulty caused by them to be Disbanded at the Kingdoms great Expence and it being evident that notwithstanding all the continual endeavours of the Parliament to deliver his Majesty from the Councils and out of the power of the said Duke yet his interest in the Ministry of State and others have been so prevalent that Parliaments have been unreasonably Prorogued and Dissolved when they have been in hot pursuit of the Popish Conspiracies and ill Ministers of State their Assistants And that the said Duke in order to reduce all into his own Power hath procured the Garrisons the Army and Ammunition all the Power of the Seas and Souldiery and Lands belonging to these three Kingdoms to be put into the hands of his Party and their Adherents even in opposition to the Advice and Order of the 〈◊〉 Parliament And as we considering with heavy hearts how greatly the Strength Reputation and Treasure of the Kingdom both at Sea and Land is wasted and consumed and lost by the intricate expensive management of these wicked destructive Designs and finding the same Councils after exemplary Justice upon some of the Conspirators to be still pursued with the utmost devillish Malice and desire of Revenge whereby his Majesty is in continual hazard of being Murdered to make way for the said Duke's advancement to the Crown and the whole Kingdom in such case is destitute of all security of their Religion Laws Estates and Liberty Sad Experience in the Case of Queen Mary having proved the wisest Laws to be of little force to keep out Popery and Tyranny under a Popish Prince We have therefore endeavoured in a Parliamentary way by a Bill for that purpose to Bar and Exclude the said Duke from the Succession to the Crown and to Banish him for ever out of these Kingdoms of England and Ireland But the first means of the King and Kingdoms safety being utterly rejected and We left almost in Despair of obtaining any real and effectual Security and knowing our selves to be intrusted to advise and act for the preservation of his Majesty and the Kingdom and being perswaded in our Consciences that the dangers afore-said are so eminent and pressing that there ought to be no delay of the best means that are in our power to secure the Kingdom against them We have thought fit to propose to all true Protestants an Vnion amongst themselves by solemn and sacred Promise of mutual Defence and Assistance in the preservation of the true Protestant Religion his Majesty's Person and Royal State and our Laws Liberties and Properties and we hold i● our bounden Duty to joyn our selves for the same intent in a Declaration of our united Affections and Resolutions in the form ensuing I A. B. do in the Presence of God solemnly Promise Vow and Protest to maintain and defend to the utmost of my Power with my Person and Estate the true Protestant Religion against Popery and all Popish Superstition Idolatry or Innovation and all those who do or shall endeavour to spread or advance it within this Kingdom I will also as far as in me lies maintain and defend his Majesty's Royal Person and Estate as also the Power and Priviledge of Parliaments the lawful Rights and Liberties of the Subjects against all Incroachments and Vsurpation of Arbitrary Power whatsoever and endeavour entirely to Disband all such Mercenary Forces as we have reason to believe were raised to advance it and are still kept up in and about the City of London to the great Amazement and Terror of all the good People of the Land. Moreover James Duke of York having publickly propessed and owned the Popish Religion and notoriously given Life and Birth to the damnable and hellish Plots of the Papists against his Majesty's Person the Protestant Religion and the Government of this Kingdom I will never consent that the said James Duke of York or any other who is or hath been a Papist or any ways adhered to the Papists in their wicked Designs be admitted to the Succession of the Crown of England But by all lawful means and by force of Arms if need so require according to my Ability will oppose him and endeavour to Subdue Expel and Destroy him if he come into England or the Dominions thereof and seek by Force to set up his pretended Title and all such as shall adhere unto him or raise any War Tumult or Sedition for him or by his Command as publick Enemies of our Laws Religion and Country To this end We and every one of Vs whose hands are here-under written do most willingly bind our selves and every one of Vs ●nto the other joyntly and severally in the Bond of one firm and loyal Society or Association and do Promise and Vow before God that with Our joynt and particular Forces We will oppose and pursue unto Destruction all such as upon any Title what soever shall oppose the Just and Righteous ends of this Association and Maintain Protect and Defend all such as shall enter into it in the just performance of the true intent and meaning of it And least this just and pious VVork should be any ways obstructed or hindred for want of Discipline and Conduct or any evil minded Persons under pretence of raising Forces for the Service of this Association should attempt or commit Disorders We will follow such Orders as we shall from time to time receive from this present Parliament whilst it shall be sitting or the major part of the Members of both Houses Subscribing this Association when it shall be prorogued or dissolved and obey such Officers as shall by Them be set over Vs in the several Countries Cities and Burroughs until the next meeting of this or another Parliament and will then shew the same Obedience and Submission to it and those who shall be of it Neither will we for any respect of Persons or Causes or for Fear or Reward separate our selves from this Association or fail in the prosecution thereof during our Lives upon pain of being by the rest of us prosecuted and suppressed as perjured persons and publick Enemies to God the King and our native Country To which Pains and Punishments we do voluntarily submit our selves and every one of us without benefit of any colour or pretence to excuse it In witness of all which Premisses to be inviolably kept we do to this present Writing put our Hands and Seals and shall be most ready to accept and admit any others hereafter into this Society and Association It is to be observed that this Paper had neither date nor any Hand to it nor did it appear of whose Hand-writing it was but Sr Francis Wythens aggravated the matter saying That tho' the Paper began very plausibly and went a great way so yet in the last clause but one they came to perfect levying of War declaring that they would joyn to destroy the mercenary Forces about London the words by the way were to
Sr John Peak Sr John Chapman Sr Sym. Lewis Sr John Mathews Sr Benj. Newland Sr William Dodson Sr John Buckworth Lt. Colonel John Steventon Thomas Cowden Edward Beaker John Wallis John Nicolls William Parker Henry Loads Peter Aylworth John Short Richard Aily Benj. Skut Humphrey Stroud William Carpenter Remarks upon the Tryal of Alderman Cornish at the Old-Bayly upon Munday the 19th of October 1685. Before the Lord Chief Justice Jones the Lord Chief Baron Justice Wythens Justice Levins Justice Streete Baron Gregory and Jenner the Recorder WHen the Reader remembers what part this Eminent and Worthy Citizen acted in the mighty Struglings between Christianity and Popery English Liberties and Tyranny he will not be surprised to see him overwheml'd when by the Aid of the worst of men the Banks of our Security were broken down and the Torrent of Popery and Arbitrary Power carried all before it That from the time of the discovery of the Popish Plot the Conspirators did with indefatigable Industry apply themselves to shift it off to the Protestants is most undoubtedly and beyond contradiction true This alarming the City and it being well known that the Lives Liberties Estates of English-men against Arbitrary Attempts upon them Lay in Tryals by Juryes The Citizens in the Year 1680 rouz'd out of the Lethargy in which they had long lain and bethink themselves how to secure substantial honest Juryes knowing that that could only be accomplished by proper Sheriffs They pitched upon and elected Mr Bethel and Mr Cornish to serve in that Office By so doing and by a like Election of Mr Pilkington now deservedly Lord Mayor and Mr Shute in the succeeding Year 1681 the Popish design of murdering Protestants under colour of Law was Post-poned until the Ancient Right of Electing Sheriffs was ravish'd from the City in the year 1682. However the Conspirators impatient of delay made their attempt in the Sheriffalty of Mr Bethel Mr Cornish The Earl of Shaftesbury and divers others are now clapt up upon pretence of a Plot and an experiment is made upon Mr Stephen Colledge a Man of great Honesty and who wanted nothing but a Figure to make him every way valuable But these Sheriffs not furnishing a Jury to cut him off The Earl of Shaftesbury and the rest who were imprisoned are reserved for the next Sheriffalty When they hoped tho' as Heaven would have it without ground to get Sheriffs and by them Juryes for their purpose And the Conspirators being enraged at the disappointment and baffle put upon them by an honest City-Jury in the Case of Mr Colledge They hurry that poor man to Oxford and there by most unpresidented illegal Practices basely murder him Further it cannot be forgotten that the honest endeavour of these worthy Sheriffs Mr Bethel and Mr Cornish to have the Sham-Plot of Fitz. Harris throughly searched into did greatly contribute to their future Sufferings The mentioning this Wretch forces a Remembrance of the Stratagems then used to present his discovery of the Authors of his Trayterous Libel and of the design for which it was framed That that matter might not be pryed into by the Magistrates of London he is removed from Newgate to a most close Confinement in the Tower Then he being Impeached in the Oxford Parliament in March 1680 to hinder the Examination of it there that Parliament is dissolved Quickly after he is tryed and condemned in the Court of Kings-Bench Then tho' a Papist he is left solely to the management of Dr H. of the Tower and without controversie was held to the last Moment of his Life under the hope and expectation of a Pardon if he would confess or to speak more properly say as he was directed But being deluded and his Mouth stop'd The Doctor in his Name emits to the World a Mock Confession inconsistent in it self and most notoriously void of truth but most wickedly contrived to render these Sheriffs and also those worthy Gentlemen Sr Robert Clayton an Alderman and Sr George Tr●by Recorder of London infamous and odious to the highest degree and all this with design to create a belief of a Protestant Plot particularly the Doctor 's Paper charged the Sheriffs that they came to Pitz. Harris in Newgate with a Token from the Lord Howard which he knew to be true and told him nothing would save his Life but discovering the Popish Plot and gave him great encouragement from the Lord Howard that if he would declare that he believed so much of the Popish Plot as amounted to the introducing the Roman Catholicks or if he would find out any that would criminate the Queen or the Duke or make so much as a plausible story to confirm the Plot that the Parliament would restore him to his Father's estate with the profits thereof since his Majesty's Restoration How idle false groundles and villanous soever this Story was it highly irritated the Conspirators against these Gentlemen About this time God for the Scourge of the Nation had sent into the City that common Nusance to Mankind a Race of blind sensless Creatures who hardly deserved to be called Men and therefore took to themselves the Name of Tories These Animals seeming to delight in Fetters of Iron rather than Chains of Gold were the Champions for Arbitrary and Despotick Power They set themselves to betray the Rights and Liberties of the City and to bring all Free-born Englishmen to live at the Will of an Absolute Prince These by Addresses of Thanks for the Violation of the Laws and of Abhorrence of those who endeavoured to maintain them invited the Conspirators to attempt the overthrow of the Antient Priviledges and Government of London Nay their Solicitation Backt with assurance of a Surrender procured the bringing a Quo Warranto against the City Charters But the Wretches failing their Principals herein as they ever did in all things but Noisy Huzza's and a Committee of Aldermen and Commoners true English-Men being appointed to guard the City Franchises against the Quo Warranto Attack New Measures must be taken hereupon The Tories now perceiving that their Quo Warranto must pass the Formalities of Westminster-Hall witb bended Knees supplicate the aid of that Tool of State Secretary Jenkins He readily espouses them and having the Ascendant of Sr John Moor at this time most unluckily Lord Mayor directs him to constitute Mr North and Mr Rich Sheriffs of the City which he as obsequiously as daringly undertakes Many worthy Citizens whose names deserve eternal remembrance boldly withstood these Arbitrary Illegal Attempts Amongst them Mr Bethel and Mr Cornish were not the last and they felt with the first the rage of the Conspirators and their Adherents Their honest innocent and peacable appearing to Vote for the Election of Sh●riffs in 1682. according to the undoubted right of the Citizens was termed a Riot and in Mr Cornish's Tryal now before us a Branch of the Plot. and most certainly is was the greatest Plot and Treason
he thought fit he added That my Lord Russell had made several Objections and then he pretended to answer them and in doing it said That their Consultation was to seize the King's Person and bring him into their power and that to design to bring the King into their power only till he had consented to such things as should be moved in Parliament was equally Treason as if they had agreed directly to Assassinate him That therefore the Jury were to consider nothing but to see that the fact be fully proved and he saw nothing said by my Lord that doth invalidate the Evidence He went on thus That the last Objection to which a great many Persons of Honour and Quality had been called was That my Lord Russell being a man of Honour Vertue and so little blamable in his whole Conversation 't was not likely he should be guilty of any thing of this kind This he confessed to have weight in it but then he bad the Jury consider that he was but a man and that Men fall by several Temptations some out of Revenge some by Malice fall into such Offences as these my Lord is not of this Temper but Gentlemen there is another great and dangerous Temptation that attends people in his Circumstances whether it be Pride or Ambition or the cruel snare of Popularity being cryed up as a Patron of Liberty This is the only way to tempt Persons of V●rtue and the Devil knew it when he tempted the Pattern of Vertue Tho' he be a Person of Vertue I am afraid these Temptations have prevailed upon my Lord for I cannot give my self any colour of Objection to dis-believe all these Witnesses I see no Contradiction no Correspondence no Contrivance at all between them you have plain Oathes before you and I hope you will consider the weight of them and the great Consequence that did attend this Case But under his favour these celebrated VVitnesses were at Bargain and bought their own lives at the price of this Noble Lord's Blood. the overthrow of the best Government in the World and the best and most unspotted Religion which must needs have suffered The greatest liberty and the greatest security for Property that ever was in any Nation bounded every way by the Rules of Law and those kept sacred I hope you will consider ☞ the weight of this Evidence and consider the Consequences such a Conspiracy might have had Then Jefferies to Insinuate this Noble Lord's Guilt argued thus Had not my Lord of Essex been conscious of his being guilty of desperate things he would scarcely have brought himself to that untimely End to avoid the methods of publick Justice I am sorry to find that there have been so many of the Nobility of this Land that have lived so happily under the benigne influence of a Gracious Prince should make so ill returns Gentlemen whereas that Noble Lord says he hath a vertuous good Lady he hath many Children he hath Vertue and Honour he puts in the Scale I must tell you on the other side you have Conscience Religion you have a Prince and a most merciful one too Consider the Life of your Prince the Life of his Posterity the Consequences that would have attended if this Villany had taken effect What would have become of your Lives and Religion What would have become of that Religion we have been so fond of preserving You have your Vnderstandings your Wives and Children let not the Greatness of any man Corrupt you Then the Lord Chief Justice directing the Jury told them after he had repeated the evidence that the Question before them was whether they did believe my Lord Russell had any design upon the King's Life to destroy the King to take away his Life and that that was the material part there you have not evidence in this Case as there was in the other matter that was tryed in the morning or yesterday against the Conspirators to kill the King at the Rye This is an Act of contriving Rebellion and an Insurrection and to seize the Guards which is urged as an evidence and surely is in it self an evidence to seize and destroy the King If you believe the Prisoner at the Bar to have conspired the death of the King and in order to that to have had these Consults then you must find him guilty of this Treason laid to his Charge The Court then adjourned and at their sitting again in the Afternoon the Jury brought in their Verdict that my Lord Russell was Guilty I shall here to refresh the Readers memory subjoyn some brief Heads of the dying Speech of this great and invaluable Person a Martyr for the true Religion and the Liberties of his Country He thanked God that he found himself so composed and prepared for Death and his thoughts so fixed on another World that he hoped in God he was quite weaned from setting his heart on this He blessed God for the many Blessings of his Life That he was born of worthy good Parents and had the advantages of a Religious Education which he had look'd upon as an invaluable Blessing for when he minded it least it still hung about him and gave him checks and that he now in his extremity found such happy effects of it that the fear of Death had not been able to discompose him That he had lived and now dyed of the Reformed Religion a true sincere Protestant and in the Communion of the Church of England tho' he could never rise up to all the heights of some People He wished the removal of all our unhappy differences and that all sincere Protestants would consider the danger of Popery and lay aside their Heats and agree against the Common Enemy That the Church-men would be less severe and the Dissenters less scrupulous He declared that he look'd upon Popery as an Idolatrous and bloody Religion and therefore thought himself bound in his station to do all he could against it and soresaw that he should procure such great and powerful Enemies to himself that he had been for some time expecting the worst and blessed God that he fell by the Ax and not by the fiery Tryal That yet he never had a thought of doing any thing against Popery basely or inhumanly but what could well consist with the Christian Religion and the Laws and Liberties of the Kingdom That he had always loved his Country more than his Life and never had any design of changing the Government and would have ventured his Life to preserve it and would have suffered any extremity rather than have consented to any design to take away the King's Life and that no Man ever had the Impudence to propose so base and barbarous a thing to him That he sincerely prayed for the King that he might be happy both here and hereafter He took God to witness that in the prosecution of the Popish Plot he proceeded in the sincerity of his Heart that he did