Selected quad for the lemma: state_n
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A53494
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The second part of the 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 placuis, lex esto.
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Oates, Titus, 1649-1705.
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1690
(1690)
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Wing O52; ESTC R219347
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140,173
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361
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the Tower to place Men in in order to surprize it Mr Bateman objected to this evidence that if he had been guilty of such discourse he had been fit for Bedlam and if Lee had heard him speak such words he wondered he had not sooner accused him Richard Goodenough then witnessed that in discourse with Mr B. at the King's Head-Tavern in Swithens Alley about the intended Insurrection M. B. promised to use his interest in raising Men and to be assisting in surprizing the City Savoy c. and in driving the Guards out of Town Mr Bateman having subpenaed Sr William Turner to give an Account of an Information given in upon Oath before him by one Barker above two Years before that Lee would have suborned him against the Prisoner Sr William would testifie nothing thereof but said that it being above two Years since he could not charge his memory with any of the particulars contained therein Mr Tomkins Sr William Turner's Clerk being askt about Baker's Information said there was such an Examination taken Anno 1683 but to the best of his remembrance it was returned before the King and Council and he could not give any account of the particulars Baker being called declared That being in Lee's company in the year 1683 Lee would have perswaded him to insinuate himself into Mr Bateman's company and he demanding of Lee to what end he should do it and about what he should discourse Lee told him he might talk about State matters Lee by these horrid practices made himself a great Man being put into the place of a Messenger which he enjoyed till of late tho some time before he became a Witness he borrowed Money to buy Bread for his Family and by that means he would find a way to make him a great Man and Baker testifi'd he was examin'd about this before Sr William T. The Court upon this Evidence declared that what Baker said A wicked but customary practice of that day to abet and justifie Suborners and Trapans was nothing to the purpose but that Lee had a design therein to make a discovery of the Conspiracy if he could have procured a Witness to corroborate his Evidence The Jury being sent out without Hesitation brought Mr Bateman in guilty of the Treason tho' 't is certain King Charles laught at Lee's evidence It being demanded of Mr B. what he had to say why Judgment should not be pronounced He desired to know whether Mr Goodenough was fully pardoned and he was answered that as for the Outlawry he was pardoned and for any thing else he was not prosecuted and then he was condemned and was executed upon the 18th of December 1685. That the matter relating to Sr William Turner may appear in it its true Light I shall subjoyn the following accompt thereof Mr Bateman's Son having as he thought very providentially heard that Baker had about two Years before given an Information upon Oath to Sr William Turner of the Villain Lee's tampering with him to ensnare and accuse Mr Bateman The Son was advised by Counsel to apply himself to Sr William and in several attendances upon him when he was engaged in other matters and his Books of Entries lay upon his Table he turning over the Leaves found the Entry of Baker's Information about Lee's attempting to suborn him against Mr Bateman The Son thereupon in the first place applied to Tomkins Sr William's Clerk to get a Copy of that Information and did once think him inclined to let him have it but at last he told him he must ask Sr William Thereupon he applied himself to Sr William for it who demanded of him Whether it were against the King and young Mr Bateman answered him No it may save the Life of one of his Subjects whereupon Sr William said You shall not have it The only Refuge then was to subpena Sr William Turner and his Clerk which was done and Sr William being examined saying he could not charge his Memory with any of the particulars in the Information of Baker young Mr Bateman said Let the Book be sent for it is in such a Book and such a Page Whereupon Herbert the Chief Justice in a passion commanded young Mr Bateman to be removed out of the Court as he was If the truth of what is here related in reference to Sr William Turner be any way doubted it will evidently and beyond controul appear by the Proceedings before the House of Lords where it hath been very lately made out by Mr Bateman's Son and also by another Witness who was privy to the whole transaction thereof with Sr William Turner Mr Bateman being thus condemned to Death by the foregoing wicked Practices expressed himself thus to his Son Richard Your Father needs not to dye if he will accuse others but he dyes because he will not be a Rogue And 't was most undoubtedly true as 't is that a greater Rogue lives not than this Lee Mr Bateman's first Accuser who having miscarried in his cursed Attempt to suborn Baker is now seconded by Goodenough who was brought with a Halter in effect about his Neck to swear this good Man out of his Life In relation to the Witnesses and their Evidence some things deserve to be further remarked The late King James had no sooner possessed himself of the Throne but by his order and special recommendation a most malitious Tract was emitted to the World under the Title of Atrue Account and Declaration of the horrid Conspiracy against the late King his present Majesty and the Government The temporizing Pen-man who ever he was shewed more Art than Honesty in compiling that History and omitted nothing therein which might serve the turn of Popery but most wickedly magnified the Evidence of the Conspiracy he treated of His loose and virulent Pen runs thus as to Keeling one of the Witnesses in the case before us Josia Keeling a most perverse Fanatick was the Man whom God chose to make the first discoverer It pleased the divine Goodness so to touch his Soul that he could not rest till after much conflict in his mind he had fully determined to discharge his Conscience of the Hellish Secret Now the truth of it is Keeling was found about that time to be under some Conflict but it was with Satan and his Instruments who quickly vanquished and made him a Witness as hath been lately made out beyond contradiction by the Testimony of many unblemished Persons before the House of Lords of which more in it is proper place he had indeed before that time frequented an Assembly of Christians who dissented from the Church of England but being thrown out as a perverse Fanatick he made his way by a Profligate Fellow like himself one Peckham to Sr Leoline Jenkins the Secretary of State who listed him of his Church and the first in his Roll of Witnesses and since he became so 't is notoriously known that he hath given up himself to all manner
Henry 6th time Sr Philip Lloyd and Mr Bridgman Clerks of the Council then testified that Fitz-Harris acknowledged the Paper of Instructions given to Everard to be his own hand-writing The Prisoner then called his Witnesses and Dr Otes testified that after the Business was talked abroad he discoursed Everard about the Libel and asked him what the design of it was and he told him it was to be Printed and sent by the Penury Post to the Protesting Lords and leading Men of the Commons and they were to be taken up as soon as they had it and to have it found about them And that Everard told him the Court had a hand in it and the King had given Fitz-Harris Money already and would give him more if it had success Sheriff Cornish was then called and the Prisoner demanded of him what the King said to him when he came to his Majesty from him from New-Gate whether the King did say Fitz-Harris was employed by him and received any Money and what for The Sheriff answered when I gave his Majesty an account that I found the Prisoner disposed to make a Discovery he was pleased to tell me he had often had him upon Examination and could make nothing at all of what he did say or discover to them and that he had for near three Months before acquainted him that he was in pursuit of a Plot and the King did say That in as much as he made great Protestation of Zeal for his Service he did Countenance and give him some Money Mr Attorney seeming to be under a surprize at this Evidence demanded of the Sheriff whether the King ever declared that he saw Fitz-Harris in his Life or that he ever was in his Presence Mr Sheriff answered yes The Attorney said Ay! but did the King say he ever saw him before he was Arrested for this Fact The Sheriff replyed yes his Majesty said he came to him about three Months before and pretended he would discover a great Plop to him Then the Prisoner called Colonel Mansel and demanded what he heard Sr William Waller say after the Discovery was made Colonel Mansel testified that he heard Sr W. Waller say that when he had acquainted the King with this business he told him he had done a great piece of Service and gave him thanks but that Sr William was no sooner gone but two worthy Gentlemen told him that the King said he had broken all his measures and he would have him taken off one way or another And Colonel Mansel added that Sr William said That the design was against the Protestant Lords and the Protestant Party Serjeant Maynard upon hearing this declared that he did not doubt that it was against the Protestaut Party Mr Hunt being called by the Prisoner said that Sr W. Waller told him and others That the King gave him particular thanks for detecting Fitz-Harris but that he was told by two Gentlemen of undoubted Credit that heard the King speak it that his Majesty was in extream Passion and said He would give any thing to take him out of the World that he was an insufferable vexation to him and that he had broken all his measures and that Sr William said the same at Oxford in the prefence of Sr Philip Harcourt and of my Lord Radnor's Son Mr Roberts and did also say it was a design to make these Papers Evidences of Rebellion and that this was the Counter part of Dangerfield's Plot and that he hoped he would not deny it if he be asked here he is Sheriff Bethel then testified that Everard told him he wrote the Libel and that before Everard knew him or heard him speak a word in his days he put in an Information of Treason against him at the instigation of his Mortal Enemy and it was so groundless that tho' it was given in three years ago he never heard a word of it till Friday last Mrs Wall was then called by the Prisoner he demanded of her whether he had not conveyed some Libels and Treasonable Papers to the King by her means and received Money upon that account but she would not acknowledge it He then asked her whether it was not about Christmas was twelve Month that he gave her the Libel about the King and her Lady and the King thanked him extreamly and he had 250 l. given him and he said to her Come Mrs Wall don't think to trick me out of my Life can you deny that I had the 250 l. speak had I the 250 l. Mrs VVall answer'd That was not the Question you ask's me at first There was 250 l I think it was 200 or 150 or 250 l. you know it was not for any Libel you once told me you could bring in People to the King and Duke's Interest that were very considerable and the Secretary of State desited to know who they were and you named one Thomas Merry and my Lord Howard of Escrick and the Secretary desired me to get him in if I could Fitz-Harris then demanded of her whether he did not come to her the Wednesday before he was taken and tell her he desired to speak with the King and that he had a Libel to present to him Mrs Wall answered No it was the Thursday you desired me to bring you to the Speech of the King which was a thing you never desired before and you said you believed you could say something to him that might do him Service but she denyed that he said any thing to her of the Libel Upon further questions put to her she said that Fitz-Harris was never admitted to the King and that the King never took notice of him or spoke to him by her means and that the Money was paid for the bringing of my Lord Howard who came first to her two years ago and whether it be a year and an half since his Lordship met with the King she said she could not tell Mr Cowling declared That Mrs Wall told him that the second or third night before he was taken Fitz-Harris came to her to bring him to the King but she asked him why he did not go to one of the Secretaries and he said that he could not do that without being taken notice of and that she then said to him Write down your Business and I will carry it to the King and he said No I will not do that and that she thereupon replyed I must then beg your pardon if I don't bring you to the King My Lord Howard then testified That about ten or fourteen days before the Sitting of the Parliament in October last Fitz-H applyed to him in the King's name to have him wait upon the King but that he declined it and that he then pressed his Lordship to wait upon the Dutchess of Portsmouth and when he came to her he found the King there his Lordship added that if the 250 l. were given for bringing him thither he feared the King did not think he deserved it That