AN EXACT ABRIDGEMENT Of all the TRIALS (Not omitting any Material PASSAGE therein) which have been published since the Year 1678; Relating to the Popish, and pretended Protestant-Plots, In the Reigns of King Charles the 2d, and King James the 2d. LONDON, Printed by J. D. for Awnsham Churchill, at the Black-Swan in Avy-Mary Lane, MDCXC. To the Right Honourable HENRY LORD BOOTH, Baron DE LA MER of Dunham-Massy, Lord Lieutenant of the County-Palatine of Chester, one of the Lords of the Treasury, and one of his Majesty's most Honourable Privy-Council. My Lord, THat I presume to present this Abstract to your Honour, the just Interest your Lordship hath, both in it and its Author, is sufficient Apology. It must never be forgot, what good Service Your Trial (though Your own extraordinary Prudence, and courageous management thereof) did to the Public, in stopping that Sluice of Blood which had unjustly been then opened, with a Design (which had well-nigh effected) to suffocate our Laws, and feed their Tyrannical Arbitrary Power. For 'tis evident, the Fanatic Plot, then, like them that made it, afterward, disserted the Stage, and (though your Honour's undaunted Appearance, and powerful Aid) have never since (as 'tis hoped they never will) dare to appear amongst us; the unavoidable Mischief whence otherwise would have followed, most Men now are wise enough to apprehend. Your Lordship's Virtues indeed, have always (from a very early beginning) rendered You a no less real Friend to your Country, than a formidable Enemy to the mightiest of its Opposers: And Your generous Courage hath emboldened You to express it, even with the greatest Hazard, in the worst of Times. You have done and suffered much (I'm sure Your share) for the Public; and your Lordship's last generous Essay, hath now made all Men very sensible of it; so that your Honour's Fame needs not the Aid of my Breath to blow it further Abroad. Only I must crave your Lordship's leave to say, that I am proud of this Occasion, to tender your Honour even so small a Testimony of real Gratitude, from one, who is a Member of a Family that hath been honoured with a long and uninterrupted Friendship of Yours; not only in Your Father's Time, but in Your Lordship's since. May Your Honour go on to dazzle and outshine all your Enemies, in faithfully serving the best of Princes, and the most ungrateful of Nations! May Almighty God long preserve your Person and Virtuous Family, in Grace, Health, and Prosperity! And may this your Trial, be the last that ever may entitle You to the Patronage of the like Abstraction! is the sincere Prayer of, My Lord, Your Honours most Humble and Faithful Servant, P. N. TO THE READER. AS in these ten or eleven Years last passed have happened as wonderful Passages within this our Island, as ever History mentioned; so are the Records thereof surely very valuable to the considering part of Mankind. A Collection whereof thou art here presented with, in a Volume that will spare thee both in thy Purse and Time, without defrauding thee of the least drachm of any material Information. Here thou hast the substance of Forty nine Trials, (consisting of near seven hundred Sheets of Paper: and which bought singly, as they were published, cost five Pounds or more, (and which now would be difficult to collect at almost any price) carefully reduced, comparatively, to a small Bulk and Price, yet so as to preserve a perfect remembrance of Things and Persons any way materially concerned therein. As herein was designed nothing of Reflection, so must thou expect only an Abstraction: And for the Compleatness and Sufficiency of this, I submit to thy Censure, after thou hast read what follows. I say nothing of the usefulness thereof, because none can have so little Concern for the Knowledge and Remembrance of past Transactions, as not to be ware of it. If it be well done, I am sure it cannot be ill took. A CATALOGUE of the following TRIALS Abridged. 1678. The Trials of 1. WIlliam Staley— Pag. 1 2. Edward Coleman— Pag. 5 3. William Ireland, Thomas Pickering, and John Grove— Pag. 13 4. Robert Green, Henry Berry, and Laurence Hill— Pag. 19 5. Nathaniel Thompson, William Pain, and John farrel— Pag. 31 1679. The Trials of 6. Nathaniel Reading— Pag. 42 7. Thomas Whitebread, William Harcourt, John Fenwick, John Gavan, and Anthony Turner— Pag. 50 8. Richard Langhorn— Pag. 62 9 Sir George Wakeman, William Marshal, William Rumley, and James Corker— Pag. 71 10 Andrew Brommich, William Atkins, and Charles Kern— Pag. 80 11 Thomas Knox, and John Lane— Pag. 85 12 Lionel Anderson, William Russel, Charles Parry, Henry Starkey James Corker, Will. Marshal, and Alexand. Lumbsden Pag. 98 13 Sir Thomas Gascoigne— Pag. 101 1680. The Trials of 14 Henry Care— Pag. 112 15 Elizabeth Cellier— Pag. 115 16 Roger Earl of Castlemain— Pag. 118 17 John Giles— Pag. 123 18 Elizabeth Cellier— Pag. 131 19 Thomas Twing, and Mary Pressicks— Pag. 139 20 William Viscount Stufford— Pag. 145 1681. The Trials of 21 Edward Fitz-Harris— Pag. 190 22 Oliver Plunket— Pag. 198 23 Sir Miles Stapleton— Pag. 204 24 Georgt Busbie— Pag. 209 25 Stephen College— Pag. 214 26 Anthony Earl of Shaftsbury— Pag. 243 27 Charles John Count Coningsmark, Christopher Vratz, John Stern, and Charles George Boroskie— Pag. 255 1683. The Trials of 28 Thomas Pilkington, Samuel Shute, Henry Cornish, Ford Lord Grey of Werk, Sir Thomas Player, Slingsby Bethel, Francis Jenks, John Deagle, Richard Freeman, Richard Goodenough, Robert Key, John Wickham, Samuel Swinock, and John Jekyll sen. the pretended Rioters— Pag. 266 29 Capt. Thomas Walcot— Pag. 274 30 William Hone— Pag. 289 31 William Lord Russel— Pag. 292 32 John Rouse— Pag. 303 33 Capt. William Blague— Pag. 307 34 Col. Sidney— Pag. 311 35 John Hambden— Pag. 325 36 Laurence Braddon, and Hugh Speke— Pag. 332 37 Sir Samuel Barnardiston— Pag. 351 1684. The Trial of 38 Sir William Pritchard Plaintiff, and Thomas Papillon Defendant— Pag. 364 1685. The Trials of 39 Dr. Titus Oates— Pag. 372 40 Dr. Titus Oates— Pag. 384 41 William Ring— Pag. 397 42 John Fernly— Pag. 400 43 Elizabeth Gaunt— Pag. 402 44 Henry Cornish— Pag. 404 45 Henry Baron Delamere— Pag. 404 45 Henry Baron Delamere— Pag. 410 1686. The Trial of 46 Henry Lord Bishop of London— Pag. 424 1687. The Trial of 47 William Ld. Arch Bp. of Canterbury, William Ld. Bp. of St. Asaph, Francis Ld. Bp. of Ely, John Ld. Bp. of Chichester, Thomas Ld. Bp. of Bath and Wells, Thomas Ld. Bp. of Peterborough, & Jonathan Ld. Bp. of, Bristol. Pag. 434 The following Petition, and Trials, were omitted in the former Collection, are now added in the Appendix. Col. Sidney's Petition to K. Charles II.— Pag. 1 The Trial of Charles Bateman, Chirurgeon,— P. 2 The Trial of John Hambden, Gent.— P. 10 This may be printed, ROB. MIDGLEY. June 17. 1689. The Trial of William Stayley Goldsmith, at the King's-Bench-Bar, on Thursday, Novemb. 21. 1678. HIS Indictment was, for Treasonable Words against his most Sacred Majesty; for which he had been Arraigned the day before, and pleaded; Not Guilty; And therefore his Jury being Imparinelled, and none of them challenged by him, the same was read now to them, viz. Sir Philip Matthews. Sir Reginald Foster. Sir John Kirke. Sir John Cutler. Sir Richard Blake. John Bifield Esq Simon Middleton Esq Thomas Cross Esq Henry Johnson Esq Charles Vmphrevil Esq Thomas Eaglesfield Esq William Bohee Esq To this Indictment, Sir Creswel Levins, Sergeant Maynard, and the Attorney General briefly spoke. The Attorney General giving this Account why they chose first to bring this Man to trial, That it was to convince those who believed all Designs against the King's Person by any Papist was but a Fiction; this Man being a Papist, and having said these words even since the discovery of the Plot. And for the proof hereof, then appeared William Casters, who deposed, That on the 14th Instant, about 11 a Clock in the Day, he saw Stayley with another, a Frenchman, in a Victualling-house, who called for a Pot of Ale, and a Slice of Roast-Beef; which when it was called for, his Landlord said it should be brought him. He was in another Room opposite to him, both the Doors being open, Stayley standing at one Door, and he at the other, his Face straight towards him, and within 7 or 8 foot of him; and discoursing with the Frenchman, he heard Stayley twice over, in French say, The King was a Grand Heretic, making his Demonstration, with his Hand upon his Breast, stamping five or six times with his Foot, in great fury.— That the old Man Fromante, his Friend, said, That the King of England was a Tormenter of the People of God; and that Stayley answered again in a great fury, He is a great Heretic, and the greatest Rogue in the World: There's the Heart, and here's the Hand that would kill him: And the King and Parliament think all is over, but the Rogues are mistaken: Then stamping said, I would kill him myself, I would kill him myself. Then Alexander Southerland deposed that he also was there, and perfectly saw Stayley while he Apoke those words, which presently he writ down in French, as they were spoken: And then (the Prisoner being gone) they enquired his Name, and where he live; and the next day got him apprehended. The third Witness was one Philip Garret, who not understanding French, could only depose, That being with the other two, he heard Stayley speak: Whereupon his Captain, William Casters, come to him in a great passion, and said, he could not suffer it, he would run upon him, he could not be quiet. To all which the Prisoner made but a weak Defence, relating the manner of his Apprehension, and saying, That his discourse with Fromante was about the King of France; and that he said, he would kill himself, instead of, I will kill him myself; alleging his Loyalty, and protesting his Innocence; and how that the Witnesses, after his apprehension, would have had him took it up. Then the Statue of Decimo tertio was read; and Sir John Kirke one of the Jury, who understood French, attested, that Translation of his words to be true. Then the Prisoner's Witnesses were called, who were one Anselm, the Master of the Cross-Keys in Covent-Garden, where the Prisoner was brought when he was apprenhended; who deposed, That they kept him in his House from 8 till 11, without any Constable.— Which the Witnesses answered was, because they could get no Constable to come along with them, without a Warrant from a Justice of Peace; and that they sent to Whitehall and desired a Guard, but the Officer said it was the Constable's part. Another Witness appeared for the Prisoner, who testified, that he had often heard him declare much Loyalty to his Prince, and an aversion to the Jesuits, insomuch that if he knew any of the Persons concerned in this Plot, he would be their Executioner himself; and that he would lose his Blood for the King.— But the Ld. Ch. Justice replied, That was his discourse only when he spoke to a Protestant. Then the Prisoner having no more Witnesses, nor any thing more to say for himself, the Ld. Ch. Justice made a Speech to the Jury, setting forth the Treasonableness of the Words, and the manner of speaking them, and the plainness of the Proof, with great zeal against the Jusuits and their Tenants, (whom he looked upon as the Foundations of all this Mischief) excusing his warmness; saying, 'Twas better to be warm here than in Smithfield; and that he hoped he should never go to that Heaven, where Men are made Saints for kill Kings. The Jury then presently brought the Prisoner in Guilty; who said, he had nothing more to say; so Sentence was pronounced against him, to be Hanged, Drawn, and Quartered; and the same was accordingly executed upon him at Tyburn, on Tuesday following, being Novemb. 26. It was his Majesty's pleasure (because of the Prisoner's seeming Penitence, and his Relations humble Petition) to suffer his Body to have a decent & private Burial: But his Friends abusing this gracious Favour, with a public and more than ordinary Funeral Pomp, his buried Quarters were ordered to be taken up, and to be disposed by the Common Executioner upon the Gates of the City. The Trial of Edward Coleman Gent. at the King's-Bench Bar, on Wednesday, Novemb. 27. 1678. HE then and there appearing (having been Arraigned the Saturday before) his Indictment was read to the Jury, viz. Sir Reginald Forster Bar. Sir Charles Lee. Edward Wilford Esq John Bathurst Esq Joshua Galliard Esq John Bifield Esq Simon Middleton Esq Henry Johnson Esq Charles Vmfrevile Esq Thomas Johnson Esq Thomas Eaglesfield Esq William Bohee Esq His Indictment was, for endeavouring to subvert the Protestant Religion, and introduce Popery, and kill the King; Whereto (he having pleaded Not Guilty) Mr. Recorder, Sergeant Maynard, and then the Attorney General severally spoke, opening the Nature, and showing the heighnousness of the Crimes therein charged upon the Prisoner. After which the Prisoner praying for a Trial, and professing that he had confessed all the Truth in the Examinations that had been made of him in Prison, and that he gave over his Corresponding beyond-Seas in 75. Dr. Oates was called forth, who deposed, That in November last, he visiting one John Keins his Father Confessor, lodging at Mr. Coleman's House in Stable-Yard, Mr. Coleman by him understanding that he was going to St. Omers, told him, That he would trouble him with a Letter or two thither, and would leave them with one Fenwick (Procurator for the Jesuits in London): Which Letters he carried to St. Omers, being directed for the Rector there, and was at the opening of them. The outside Sheet was a Letter of News, and in it Expressions of the King, calling him Tyrant; and that the Marriage between the Prince of Orange, and the Lady Mary, would prove the traitor's and Tyrant's Ruin. In it was a Latin Letter to Father Lechese, (writ by the same Hand) giving him thanks for the 10000 l. which was given for the Propagation of the Catholic Religion; and that it should be employed for no other Intent and Purpose but for that which it was sent, which was, to cut off the King; which Le Chese's Letter (dated in August, and which he both saw and read, and to which this was an Answer) positively expressed. That Letter was directed to one Strange, then Provincial of the Society in London, which Mr. Coleman answered, because Strange having run a Reed into his Finger, had wounded his Hand, and Secretary Mico was ill. This Letter he delivered into Le-Chese's own Hand, who gave him a Letter in answer to it, which he brought to St. Omers, and was there enclosed in the Letter from the Society to Coleman. He further deposed, that in April last Old Style, and May New Style, there was a general Consult of the Jesuits held (by virtue of a Brief from Rome, sent by the Father General of the Society) first at the. White-Horse Tavern in the Strand, and afterwards in several Clubs, wherein the Death of the King was Conspired, Grove and Pickering being employed to Pistol him in St. Jame's Park; for which Grove was to have 1500 l. in Money, and Pickering (being a Priest) was to have 30000 Masses, which at twelve Pence a Mass amounted much-what to that Money; to all which Coleman was privy, and in one Letter he writ about it, expressed his disire to have the Duke trappaned into this Plot to murder the King. And in case this failed, there was a further Design laid to murder the King at Windsor by four Irish Assassinates, provided by Dr. Fogarthy; and fourscore Pounds were provided by Father Harcourt (a Jesuit, and Rector of London) for their present Maintenance; which Coleman saw upon a Table in Wild-House where he was with Harcourt, and gave the Messenger, who was there ready to carry them after the Ruffians to Windsor, a Guiny for expedition, saying he liked it very well. Yea, and if this also should fail, there were Instructions brought by one Ashby (a Jesuit) in July last to London from Flanders, to proffer 10000 l. to Sir George Wakeman to Poison the King; Which Instructions were seen and read by Mr. Coleman, by him copied out and transmitted to several Conspirators of the King's Death in this Kingdom of England, that were privy to this Plot. He said 10000 l. was too little, and therefore he procured 5000 l. more to be added to it; which Sir George Wakeman accepted of, and received 5000 l. in hand, with a promise of the Rest as soon as he should have done the Work. He deposed likewise, that a Consult had been held in the Savoy with the Jesuits & Benedictine Monks, for the murdering of the Duke of Ormond, and raising a Rebellion in Ireland (the Pope's Right to that Kingdom being asserted) and 40000 black Bills provided to be sent thither for the use of the Catholic Party; Coleman being privy thereto, and the main Agent therein, being heard to say to Fenwick, that he had found a way to transmit the 200000 l. for the carrying on this Rebellion in Ireland. That he saw likewise, several Commissions come from Rome in Mr. Langhorn's Chamber, among which was one for Mr. Coleman to be Secretary of State; the receipt of which he hath since heard him acknowledge. The Prisoner than offered something against the Informant; from his telling the King, when he was examined before the Council, that he never saw him before; Which the Informant obviated, by confessing, that there and then he did say that he would not swear that he had seen him before, his Sight being bad by Candle-light, and being then wearied and tired out, but that when he had heard him speak he could have sworn it was he, but it was not then his Business. The other Witness then produced against the Prisoner was Mr. Bedloe, Who deposed that he heard Sir Henry Tichbourn say, that he had a Commission, and that he brought one for Mr. Coleman (and the rest of the Lords; from the Principal of the Jesuits at Rome, by order of the Pope) to be Principal Secretary of State. And that he was employed by Harcourt to carry Letters to Lechese (the French King's Confessor) and was at a Consult in France, where the Plot was discoursed on for killing the King, and did bring back an Answer from Lechese to Harcourt in London, and on the 24th or 25th of May, 1677. he was with Harcourt at Coleman's House, where he heard Coleman speak these words, That if he had a Sea of Blood, and an hundred Lives, he would lose them all to carry on the Design: And if to effect this, it were necessary to destroy an hundred Heretic Kings, he would do it. The Prisoner then ask Mr. Bedlow, if he ever saw him in his life: He answered; You may ask that question: But in the stone Gallery in , when you came from a Consult where were great Persons, which I am not to name here, that would make the bottom of your Plot tremble: You saw me then. The Court then proceeded to other evidence, which were the Prisoners Papers; and proved the manner of finding them by Mr. Bradley (a Messenger) and that those, which were then produced in the Court, were his, by the Clerks of the Council, and his own Servant; Ordering them afterwards to be read. The first Paper was a long Letter, dated Sept. 29. 1675, sent to Lechese; wherein he gives him an account of the Transactions of several Years before, and of the Correspondence between him and Monsieur Ferrier, Predecessor to Lechese; Asserting, that the true way to carry on the Interest of France, and the promoting of Popery here in England, was to get that Parliament dissolved; which (says he) had been long since effected, if 300000 l. could have been obtained from the French King. And that things yet were in such a posture, that if he had but 20000 l. sent him from France, he would be content to be a Sacrifice to the utmost Malice of his Enemies, if the Protestant Religion did not receive such a Blow as it could not subsist. The receipt of this Letter was acknowledged by Lechese, in an Answer he wrote to Mr. Coleman (and was then read in the Court) dated from Paris, October 23. 1675. wherein he gives him thanks for his good Service, and promises his Assistance, in order to the promoting the Popish Religion. Then was produced and read, a Declaration which Mr. Coleman (as Secretary) had penned in the King's Name, showing his Reasons for the Dissolution of the Parliament. Then also was read a Copy of a Letter written to Lechese, which Mr. Coleman confessed he himself wrote, and counterfeited in the Duke's Name; and that when he was so bold as to show it to the Duke, the Duke was very angry and rejected it. Several other Letters were read of Mr. Colemen to Monsieur Ferrier and others; and particularly one dated August 21. 1674. to the Pope's Internuncio at Brussels, wherein he says, The Design prospered so well, that he doubted not, but in a little time, the Business would be managed to the utter Ruin of the Protestant Party. And by other Letters he writes to the French King's Confessor, that the Assistance of his most Christian Majesty is necessary, and desires Money from him to carry on the Design. But there was one Letter without Date, more bloody than all the rest, which was written to Le Cheese, in some short time after the long Letter of Sept. 29, 1675. wherein among many other things, Mr. Coleman expresses himself thus. We have a mighty Work upon our hands, no less than the Conversion of three Kingdoms, and the utter subduing of a Pestilent Heresy, which hath for some time domineered over this Northern Part of the World; and there never were such hopes of success since the Death of our Queen Mary, as now in our days. And in the Conclusion of this Letter he implores Le Cheese to get all the Aid and Assistance he can from France; and that next to God Almighty, he did rely upon the mighty Mind of his Most Christian Majesty, and therefore did hope Le Cheese would procure Money and Assistance from him. Then Dr. Oates at the desire of the Prisoner was called again, concerning the time of the Consult; Coleman offering to prove that he was the most part of that Month in Warwickshire, offering something to excuse himself from the Gild of Treason; but being clearly conviced in both Points, Sir Francis Winnington (his Majesty's Solitcior General) summed up the Evidence; to which Sergeant Pemberton added something; and then the Lord Chief Justice Scroggs spoke to the Jury, who presently brought the Prisoner in Guilty; who on the Morrow Morning being brought to the Bar, offered again something as to his being out of Town, and pleaded the King's Act of Grace, the insufficiency of which, as to him, being shown, the Ld. Ch. Justice directed a very excellent and Christian Speech to him, pronouncing Sentence upon him, to be hanged, drawn and quartered. And on Tuesday Decemb. 3. following, he was accordingly drawn on a Sledg from Newgate to Tyburn, where he declared, that he had been a Roman Catholic for many Years, and that he thanked God he died in that Religion: and he said he did not think that Religion at all prejudicial to the King and Government. The Sheriff told him, if he had any thing to say by way of Confession or Contrition he might proceed, otherwise it was not seasonable for him to go on with such like Expressions. And being asked if he knew any thing of the Murder of Sir Edmondbury Godfrey, he declared upon the words of a dying Man, he knew not any thing of it; for that he was a Prisoner at that time. Then after some private Prayers and Ejaculations to himself, the Sentence was executed upon him. The Trials of William Ireland, Thomas Pickering, and John Grove, at the Sessions-house in the Old-Baily on Tuesday December 17, 1678. THen and there were Arraigned, Thomas White, alias Whitebread, William Ireland, John Fenwick, Thomas Pickering, and John Grove, upon an Indictment of High-Treason, for conspiring to murder the King: To which they pleaded, Not Guilty. Their Jury were, Sir Will. Roberts, Bar. Sir Phil. Matthews, Bar. Sir Charles Lee, Kt. Edward Wilford, Esq John Foster, Esq Joshua Galliard, Esq John Byfield, Esq Thomas Eaglesfield, Esq Thomas Johnson, Esq John Pulford, Esq Thomas Earnesby, Esq Rich. Wheeler, Gent. To whom the Indictment was read, and Sir Creswel Levinz opened it, Sir Samuel Baldwyn opened the Charge, and Mr. Finch (all of Counsel for the King in this Cause,) opened the Evidence. And Dr. Oates being sworn deposed, That in December last Whitebread received a Patent from the General of the Jesuits at Rome, to be Provincial of that Order. That after that, he ordered Conyers to preach against the Oaths of Allegiance and Supremacy at St. Omers upon St. Thomas of Canterbury's day: That he sent several Letters thither to Ashby about Assassinating the King; and in February a Summons to the Consult held April 24, upon which nine did appear at London, and the Consult was begun at the White-Horse Tavern in the Strand, and afterwards adjourned into several little Meetings, wherein a Resolve was drawn up by Secretary Mico, for Pickering and Grove to go on in their Attempt to kill the King, for which Grove was to have 15000 l. and Pickering 30000 Masses; and this Resolve was signed by Whitebread, Fenwick, Ireland, and others, whom he saw sign it. That in June the Witness was sent over to murder Dr. Tongue for translating the Jesuits Morals out of French; that he met with Fenwick at Dover, whose Box being seized by the Searchers, then said, that if they had searched his Pockets they would have found Letters as might have cost him his Life. That soon after Ashby (who had been sometime Rector of St. Omers) brought Instructions from Whitebred (who was then looking after his Charge, as Provincial, beyond Sea) that Care should be taken for the Murder of the Bishop of Hereford and Dr. Stillingfleet, and that 10000 l. should be proposed to Sir Geo. Wakeman for poisoning the King; and that nevertheless Pickering and Grove should go on still in their Attempts. That the 10000 l. was proposed to, but refused as too little, by Sir George; whereupon Whitebread writ from St. Omers that 15000 l. should be proposed, which was both proposed and accepted, whereof 5000 l. was paid by Coleman, or his Order. That in August at a Consult of the Jesuits with the Benedictines, the four Ruffians were recommended by Dr. Fogarthy, to which Fenwick being present consented, and they were sent away to Windsor, and the next day 80 l. was sent after them. That in this Month other Letters came from Whitebread, ordering Harcourt to send one Moor and Sanders, alias Brown, into Scotland, to carry on the Design which Fenwick and Ireland had plotted of a Rebellion there. That Pickering and Grove did accept the Terms, and Grove took the Sacrament and Oaths of Secrecy upon it after the Consult was over in Whitebread's Chamber. That he saw Pickering and Grove several time walking in the Park together with their Screwed Pistols: that they had Silver Bullets to shoot with (which he had seen) and Grove would have had the Bullets to be champt, for fear the Would to be given by them might be curable. That in March last (these Persons having followed the King several Years) Pickering had a fair opportunity, but that the Flint of his Pistol being lose, he durst not venture to give Fire, for which Negligence he underwent Penance, and had twenty or thirty strokes of Discipline, and Grove was chidden for his Carelessness. That Fenwick was by when the 80 l. was sent by Harcourt to Windsor for the four Ruffians: That he received the Oath of Secrecy which Whitebread administered upon a Mass-Book, Mico holding the Candle. That Whitebread issued out several Commissions, and particularly one for Sir John Gage of Sussex, which the Witness saw, to be an Officer in the Army. That in August there was a Consult, whereat Fenwick was, wherein there was a Design laid for killing the Duke of Ormond, and raising a Rebellion in Ireland, to which Whitebread also consented when he came over, as appears by their Entry-Books. That in September Whitebread having had Intimation from one Beddingfield of the Plots being discovered, and of the suspicion they had of the Witness; being waited upon at his Lodgings upon his coming over by the Witness, he beat, affronted, and reviled the said Witness, commanding him to go beyond Sea again, assaulting him in his Lodging afterwards to have murdered him, being jealous that he had betrayed them. He deposed also that Grove did go about with one Smith to gather Peter-pences, and that he saw the Book wherein it was entered. And confessed to him, that he with three Irish Men did fire Southwark, for which Grove had 400 l. and the other three 200 l. a piece. Then Mr. Bedloe deposed, That he had been five Years almost employed by the Jesuits and the English Monks in Paris, to carry and bring Letters between them from and to England for the promoting of this Plot; Relating how Harcourt began to employ him, and naming the particular places whither he had been sent, to show the Reasons of his knowledge in this matter, saying, that in all their Consults wherein he was, it was always concluded on, That they would not leave any Member of any Heretic in England, that should survive to tell in the Kingdom hereafter, that there ever was any such Religion in England as the Protestant Religion. Then he proceeded to depose that in August last there was a Consult at Harcourt's Chamber, about killing the King (as Pritchard informed him) and of sending the four Ruffians to Windsor, who failing, it was afterwards concluded Pickering and Grove should go on, and Conyers be joined with them to assassinate the King in his Morning-Walks at Newmarket; this he heard in Harcourt's Chamber in August also; Grove, and Pickering, and Pritchard, and Fogarthy, and Harcourt, and the Witness being present. And Grove being more forward than the rest, said, Since it could not be done clandestinely, it should be attempted openly. That those that fell, had the Glory to die in a good Cause. But if it were discovered, the Discovery could never come to the height, but their Party would be strong enough to bring it to pass. That Grove was to have 1500 l. and Pickering a considerable number of Masses. That there was a Discourse at the same time of a design to kill several Noble Persons: Knight was to kill the Earl of Shaftsbury; Pritchard the Duke of Buckingham, Oneile the Earl of Ossory, and Obrian the Duke of Ormond. Then a Letter was produced and read in Court (sworn by Sir Thomas Doleman to have been found among Harcourt's Papers, four or five days after Dr. Oates had given in his Informations) from one Edward Petre, giving account when the Consult was to be, as ordered by their Provincial Whitebread, mightily confirming Dr. Oates' Evidence as to that particular. Then the Seals also were shown in Court that were made use of to sign Commissions, taken out of Whitebread's Chamber. Then the King's Counsel here ending their Evidence, the Lord Chief Justice took notice to the Jury, that there had only one Witness sworn against Whitebread and Fenwick; Bedloe charging them with nothing of his own knowledge; and that therefore he would discharge them of them, and accordingly he sent them back to the Goal. And the other three were called upon to make their Defence, which was only a bare denial of the Matter of Fact. Only Ireland being charged in August laboured very much to prove that he was out of Town all that Month, by the Testimony of his Mother, and Sister, and one Harrison (Sir John Southcott's Coachman) and one Gifford. His Mother and Sister saying expressly that he went out of Town August 3d, and Harrison that he saw him at St. Alban August 5th, and continued in his Company to the 16th, and Gifford that he saw him at the latter end of August and beginning of September at Wolverhampton, though it was reproved by very good Circumstances, and upon Oath for the King, by Sarah Pain (Servant to Grove) that she saw him at his own door in London about the 12th or 13th of the same Month. His next Defence was a weak Reflections upon Dr. Oates' Credit, to which purpose an Indictment for Perjury never prosecuted, was urged against him, but the Attourny-General made slight of it, as of a thing that had nothing in it. Neither was that which Sir Dennis Ashbournham said of greater force, concerning the Irregularities of his Childhood, which he said would have staggered his Belief of what the Doctor had deposed if the matter had depended solely upon his Testimony, but being so corroborated with other Circumstances, he was convinced of the Truth of what he had discovered; nor did he think any thing could be said against Dr. Oates to take off his Credibility. The Lord Chief Justice than summed up the Evidence, smartly inveighing against the Principles and Doctrines of Popery. After which the Jury retired for a very little while, and then brought those three Prisoners in Guilty. And then the Court Adjourned till the Afternoon, when being met about five a Clock Mr. Recorder (the Judges being gone home) made an excellent Speech against Popery, to the Prisoners, sentencing them to be drawn hanged and quartered; which accordingly was executed upon them at Tyburn on Friday, Jan. 24th following. The Trials of Robert Green, Henry Berry, and Laurence Hill, at the King's-Bench-Bar at Westminster, on Monday Feb. 10th, 1678. THE Prisoners there appearing were indicted for the Murder of Sir Edmondbury Godfrey, Kt. one of his Majesty's Justices of the Peace for the County of Middlesex, to which they pleaded Not Guilty on Wednesday Feb. 5. and were ordered to be brought the next day to their Trials: But Mr. Attourny-General the next day moved the Court that it might be deferred till Monday, Feb. 10. that the King's Evidence might be the more ready, which was granted. On Monday therefore they were brought to their Trials, and the Jury impanell'd were, Sir Will. Roberts, Bar. Sir Rich. Fisher, Bar. Sir Mich. Heneage, Kt. Sir Tho. Bridges, Kt. William Avery, Esq Char. Vmphrevile, Esq John Bathurst, Esq Richard Gowre, Esq Thomas Henslowe, Esq John Sharpe, Esq John Haynes, Esq Walter Moyle, Esq To whom the Indictment being read, Sir Thomas Stringer, Sergeant at Law, and of Counsel for the King in this Cause, opened the Charge, and Sir William Jones Attorney-General, opened the Evidence. Then Dr. Oates being sworn, deposed, That in September Sir Edmondbury Godfrey in Discourse did tell him what Affronts he had received from some great Persons for being so zealous to take Examinations concerning the Plot: And that others who were well inclined to have the Discovery made, did think that he had not been quick enough in the Prosecution, but had been too remiss, and did threaten him that they would complain to the Parliament, which was to sit the 21st of October following. That about a week before he was missing; he came to the Witness in a great fright, and told him that several Popish Lords had threatened him, and asked him what he had to do with it? He said he went in fear of his Life by the Papists, and that he had been dogged several days. Then Thomas Robinson Esq chief Prothonotary of the Court of Court of Common-Pleas, and a Justice of the Peace for Middlesex and Westminster, did depose that discoursing Sir Edmondbury about the Examinations he had taken about his Plot, he said to him, that he should have but little Thanks for his Pains, that he did it very unwillingly, and would fain have had it done by others. And that he did believe, upon his Conscience, he should be the first Martyr. Then Mr. Prance deposed, that about two or three Weeks before Sir Edmondbury's Murder; He, Girald, Green, and Kelly met several times at the Blow Alehouse by the Waterside; where Girald and Kelly enticed the Witness, saying, Sir Edmondbury Godfrey was a busy Man, and had done, and would do a great deal of Mischief, and it was a piece of Charity and no Sin to kill him. That they had dogged him into Red-Lion Fields, but had not an opportunity to kill him. That Hill, Girald, and Green, had dogged him all Saturday, October 12. last, from his first going out (Hill having first spoke with him upon some pretended story at his own House) whereof Kelly gave the Witness notice; at night they lodged him in a House at St. Clement's, and about seven a Clock Green called the Witness out of his own House in Princes-street to Semerset-House; that about eight or nine a Clock Hill came before up the street, and gave them notice to be ready, and then stayed at the Gate till Sir Edm. Godfrey came by, and then told him, there were two Men a quarrelling, and desired him to come and try whether he could pacify them; he was very unwilling; but being entreated, he went down till he came to the bottom of the Rails, and then Green twisted his Handkerchief, and threw it about his Neck, and threw him behind the Rails, and there throttled him, and punched him, and Girald (a Priest, as also was Kelly) would have thrust his Sword through him, but the rest would not permit him, for fear it should discover them by the Blood. That about a quarter of an Hour after the Witness came down, and found he was not quite dead; and than Green wrung his Neck quite round; that he watched the Water-Gate, and Berry the Stairs while the Murder was a doing, but these Circumstances they all told him afterwards. That when he came to them, there was Hill, Green, Girald, and Kelly about the Body, and Berry came to them from the Stairs, and they six helped to carry the Body into Hill's Chamber in Dr. Godwin's House, where it lay till Monday night, something being thrown over it, and then it was removed into , and Hill showed it him with a Darklanthorn, Girald, Hill, and Kelly, being then in the Room. On Tuesday Night it was removed back again towards Hill's Chamber, but somebody being there, they laid it in a Room just over against, supposed to belong to Sir John Arundel's Lodgings. There it lay till Wednesday Night about nine a Clock, when they removed it into the Room where it first lay; and the Witness coming just as they were removing it, they were affrighted and run away; but he speaking, Berry came back again, and got the Body up into the Room, and about twelve a Clock they carried it away in a Sedan which Hill brought; that the Witness and Girald carried the Sedan; Green and Kelly going before, and Berry opening the Gate at an Him: that they carried him into Covent-Garden, and then Green and Kelly to Long-Acre, and then they again to Soe-hoe Church, where Hill met them with an Horse, on which they set the Body astride, forcing open his Legs, and Hill held him up, and so (leaving the Sedan in one of the new Houses there till they came back again) Green, Hill, Girald and Kelly, went away with him; and (as they told the Witness next morning) they, having run him through with his own Sword, threw him into a Ditch, and laid his Gloves and other things upon the Bank,— That Girald and Vernat did speak of a great Reward to be given for this, from the Lord Bellasis:— That Girald was resolved to kill him that Night; and if he could not otherwise, he would kill him with his own Sword in the Street that leads to his own House.— That afterwards, He, and Girald, and Vernat, and one Luson, Priests, did dine at one Casshes, at the Queens-Head at Bow, having a Barrel of Oysters, and a dish of Fish, which he bought himself: That Mr. Vernat sent a Note by a Cobbler for one Mr. Dethick, who presently came to them, and then they all read the Writing of the Murder, and were very merry; but the Witness hearing the Door a little rustle, went and catched a Drawer listening, whom he told he could find in his Heart to kick down Stairs, and so sent him away.— That this Vernat was to have been one at the Murder; but something happened he could not.— That this Witness never knew Mr. Bedloe deposed, That in the beginning of October last, he was several times treated with, by Le Fair, Prichard, Kains, and several other Priests, about murdering of a Gentleman (refusing to tell him who it was) promising 4000 l. and some to assist him in it. Afterwards that he was commanded by them to insinuate himself into the Acquaintance of Sir Edmondbury Godfrey, which he did by pretending to come for Warrants for the good Behaviour.— That the day before he was murdered, he sent his Boy to Sir Edm. Godfrey to invite him to the Tavern, where were Prichard, Le Fair, Welch, Kaines, & another (5 Jesuits) that they also might have insinuated themselves into his Acquaintance, but he was not at home.— That the next day Le Fair told him that there was a considerable Gentleman to be put out of the way that night, who had all the Informations of Dr. Oates and Dr. Tongue, and if he should not be put out of the way, and those Papers took from him, the Business would be so obstructed, that they would not be able to effect it till another Age. The Witness than told him, that according to his Promise he would assist; and was appointed to meet him that Night in the Cloisters at . And ask where the Reward was? Le Fair told him, that no worse a Man was engaged for it than the Lord Bellasis, and Mr. Coleman had order to pay it:— That the Witness seeing Le Fair again on Monday night, he was charged by him with his breach of Promise; but excused it, by his being otherwise engaged, and because he would not murder a Man, till he knew who he was; whereupon Le Fair said he would tell him more, if he would meet him that night at , at nine a Clock; accordingly he did, and walked and talked in the Cloisters a great while with him. And then Le Fair told him he had done ill, not to help in this Business, but if he would help to carry the Body off, he should have half the Reward: Whereupon understanding the Murder was done, he asked to see the Body; and so was brought into the Room where were a great many; and upon viewing the body, knew who it was; and was there told they designed to put the Murder upon himself, and would carry him out in a Chair, and Berry was to sit up to let them out. Then they pressed the Witness to help to carry him out, but he excused himself, saying, it was too early, but about eleven or twelve a Clock it would be a better time, and then he would come again. Then said Le Fair to him, Upon the Sacrament you took on Thursday, you will be at the carrying off of this Man at Night: he promised him he would, and away he came very much unsatisfied in himself, having so great a charge upon him, as the Sacrament of the Altar; which, after the Discovery of the Plot, was administered to him twice aweek to conceal it. Afterwards he went to Bristol, and being restless, resolved upon a Discovery, and so writ to the Secretary of it, and went to the Parliament, and gave in his Information, that then in the Lobby he discovered Mr. Prance, having never seen him but that Night when he viewed the Body.— And that the Body was not carried off that Night because he came not, but was removed and kept longer, for feat of a Discovery. For corroborating of these Evidences, Mr. Brown the Constable was then sworn, who deposed, that he found the Body in a Ditch with a Sword (which his Servants said was his own) run through him, and the end of it was two handfuls out of him.— That there was no Blood to be seen any where:— That the Sword had been run into him in another place, which being against a Rib could not go through him, but that there was no Blood there:— That he looked black about the Breast:— That he supposed his Neck had been broken, because it was very weak and his Head might be turned from one Shoulder to another:— That his Stick and Gloves were on the Bankside, and he had a great deal of Gold and Silver in his Pocket. Then Mr. Skillard and Mr. Cambridg, who were Surgeons that viewed and searched his Body, being sworn, both deposed to this purpose; That they found his Neck dissocated, and his Breast very much beaten and bruised, and two Punctures under his left Pap, the one went against a Rib, the other quite through the Body, both which they believed was given him after his Death, and that he did not die of those Wounds; That he had been killed four or five Days, for that he began to putrify and smell when they opened him, which was the next day after he was found. Then Elizabeth Curtis, Sir Edm. Godfrey's Maid deposed, that she had seen Green at her Master's House, about a Fortnight before his Murder, and Hill that very Saturday Morning, making it out by good Circumstances. Lancelot Stringer (a Servant at the Plow-Alehouse) deposed, that he had seen Girald, all Hill, and Kelly, and Vernat, and Green in Mr. Prance's Company at their House. Mr. Vincent, the Master of the House, swore the same, as to all those Persons; which confirming Mr. Prance's Evidence as to that Circumstance, the Court proceeded to do the same as to what related to their meeting at Bow. And therefore, Richard Cary being called, deposed, that he carried the Letter to Mr. Dethicke, which he gave into his own Hands, he telling him he would be with the Gentlemen presently; and when he returned and told them so, they gave him a Glass of Claret and six pence;— That he thought Mr. Prance (looking upon him) to be one of the Gentlemen; and Mr. Prance declared him to be the Messenger. Then William Evens, the Boy of the House at the Queens-Head, deposed that he remembered the Company that was at his Master's House two or three Months ago, to whom Mr. Dethick came (whom he knew very well) and that they read a Paper, and named Sir Edam. Godfrey's Name; and while he was at the door, some body came and threatened to kick him down Stairs;— That they dined there, and had a Barrel of Oysters, and Flounder which one of them bought. After this Sir Robert Southwel being called and sworn, deposed that when Mr. Prance was examined before the King, Dec. 24. he was sent with the D. of Monmouth, the E. of Ossory, and Mr. Vice Chamberlain to the Queen, and himself to , where he shown them all the Places where all was done, exactly answerable to what he had declared to the King and Council before, only he was at a loss, and could not be positive, which was the Room wherein he had seen the Body on Monday Night by Candlelight;— He deposed also that Hill in his Examination at the Council-Board denied that he knew Kelly, but that he knew Girald. Then Mr. Thomas Stringer deposed, that Berry, upon his Examination before the Lords of the Committee, did say, he had Orders from the Queen's Gentleman-Usher, that he should suffer no Strangers, nor any Person of Quality to come into the 12th, 13th, and 14th of October, and that he did refuse the Prince, but sent him back again: and that he never before had any such Directions. In Answer to these Facts, thus made out, Hill defended himself, by affirming that Mr. Prance had perjured himself, by denying or recanting what he had sworn before the King; but that was overruled by the Court, for that Mr. Prance's first Impeachment was upon Oath, and his Recantation but only a bare Denial. Besides, that Capt. Richardson deposed, that Mr. Prance did retract his Recantation by that time he had brought him back to his House, and desired his Pardon; saying, it was only fear that made him recant, lest his Trade should be lost, and he be in danger of being murdered by the Papists; but that what he had sworn was true, and his Recantation false;— Hill produced moreover, Marry Tilden (Dr. Godwin's Niece and Housekeeper) and one Mrs. Broadstreet, to prove that he stirred not from home after eight a Clock that Night: the same attested Katherine Lee, Daniel Grace, Robert How, Thomas Cutler, Richard Lazinby, and Mr. Achbold;— He further urged that Mr. Prance had been tortured, to make him confess what he did; and that there were several about the Court that heard him cry out. But Mr. Prance upon his Oath, utterly denied and such thing, affirming that the Keeper had used him with all Civility from his first Commitment.— Hill's Wife offered also a Paper to the Court, containing Observations upon the Indictment, which she desired might be read, but it was refused, and she bid to give it her Husband. Green produced for his Defence, the Testimony of James Warrior his Landlord, and his Wife and Maid, which being found to relate to October 19 was deemed nothing to the purpose. Berry produced Corporal William Collet, who affirmed that he on that Wednesday Night placed his Sentinels at , Nicholas Trollop from seven to ten, who confessed that in his time a Sedan was brought in: Nicholas Right stood from ten to one, who said no Sedan came out in his time; and Gabriel Hasket, who affirmed the same for his time: And Eliz. Minshaw, Berry's Maid affirmed that her Master was in Bed that Night by twelve a Clock.— The Sentinels Evidence was only though material; but in regard they could not be so positive but that they might be mistaken, by reason of the darkness of the Night, and Privacy of the Conveyance, their Evidence was not thought substantial. Mr. Attorney General then spoke to the Concurrency of Prance's and Bedloes Evidences; and Mr. Solicitor General to the Consistancy thereof. After which the Ld. Ch. Justice summed up the Evidence, and directed the Jury, in a very tart Speech against the Cruelty of the Romish Principles.— Then the Jury withdrawing for a short space, brought the Prisoners all in guilty. Upon which the Ld. Ch. Justice told them that they had found the same Verdict that he would have found if he had been one with them; and if it were the last word he were to speak in this World, he should have pronounced them guilty. At which Words the whole Assembly gave a great shout of Applause. The next day the Prisoners being brought again to the Bar, Mr. Justice Wyld, who as second Judge in that Court, pronounceth the Sentence in all Criminal Matters (except High-Treason) spoke an excellent Speech to them, wherein he shown them the Greatness of their Crime, and gave them good Advice; and then sentenced them to be Drawn, Hanged and Quartered; which was accordingly executed upon them at Tyburn on Friday the 21st of Feb. they all denying the Fact to the last. ADVERTISEMENT. THE Trials of Thompson, Pain and Farrel, though not immediately succeeding the Preceding, yet relating to the same matter, and giving not little light thereto, is judged not inconvenient to be placed next. The Trial of Nathaniel Thompson, William Pain, and John Farrel, at Guild-Hall, before Sir Francis Pemberton, Lord Chief Justice of his Majesty's Court of Kings-Bench, on Tuesday, June the 20th, 1682. The Jurors Names were Peter Houblon, John Ellis, William Barret, Joshua Brooks, Gervas' Byfield, Jonathan Lee, George Widows, William Sambrooke, William Jacomb, John Delmee, Samuel Bayly, Samuel Howard. TO whom an Information exhibited by the King's Attorney General against the said Thompson, Pain and Farrel was read, for writing and printing several scandalous Libels about the Death of Sir Edm. Godfrey, reflecting on the Justice of the Nation in the Proceed against his Murderers. Which Information Mr. Thompson opened, and Sergeant Maynard aggravated the Crimes therein contained. Mr. Clare then was sworn, and produced a Copy of the Record of the Conviction and Attainder of Sir Edm. Godfrey: As also a Copy of the Inquisition take by the Coroner of Middlesex, upon the view of the Body of the said Sir Edm. Godfrey, whereby it was found by them that he was murdered, strangled with a Cord by Persons unknown. Both which (Mr. Clare having sworn to be true Copies) were read. Then the Execution of Green, Berry and Hill was attested by the Oath of Capt. Richardson, and Mr. Prance and Curtis swore that they and Bedloe were Witnesses at their Trials. Then Sir John Nicholas, Sir Philip Lloyd, and William Bridgman Esq swore that the two Letters in the Information (which were showed them) were the same that were showed to Thompson, Pain and Farrel, at the Council; and that Thompson owned the printing of both; and Farrel owned the bringing of the first, and Pain owned the bringing of the other to Thompson: both which Letters was then read in the Court. The first (which Farrel owned he writ) was entitled, A Letter to Mr. Miles Prance, in relation to the Murder of Sir Edm. Godfrey. The Design whereof was to contradict the Evidence given at the Trial of his Murderers, and to fix the Gild upon himself; affirming that the Coroner's Inquest were first of Opinion he was Felo de se, and there was much Art used to procure their Verdict to the contrary. That the Body was refused to be opened; and the Coroner of Westminster's Assistance rejected, and he dismissed with a Guiny. That he was not dogged as was sworn, but was seen in several places, and about three in the Afternoon about Primrose-hill, walking in the Fields. That he was found in a place inaccessible by a Horse, and in such a posture, as inferred he could never be thrust into a Sedan. That his Body was full of Blood; and when the Sword was pulled out, Blood and Water very much issued out of that Wound; and that part of the Sword which was in the Body was discoloured, and the Point which was through was rusty; his Clothes, Belt, and Scabbard, were weatherbeaten to Rags, his Body stunk, and his Eyes, Nostrils, and Mouth, were Flyblown; his Eyes shut, his Face pale; no Dirt on his Shoes, nor Horsehair on his Clothes; and that Bedloes and Prance's Evidence before the Committee of Lords, very much differed. And that all this would be proved by divers credible and undeniable Eye and Ear-Witnesses.— Dated from Cambridg, Feb. 23. 1681.— Subscribed Truman. London, printed for M. G. at the Sign of Sir E. B. G's Head, near Fleet-bridg. The other Letter (writ by Pain) was entitled, A second Letter to Mr. Miles Prance, in Reply to the Ghost of Sir E. Godfrey. Which was a Vindication of the First, in Reply to the Answer given thereto, by a Paper Entitled, The Ghost of Sir E. Godfrey; Disclaiming the concurrence of any Papists in publishing that Paper, asserting for Truth all that had been said therein, which was ready to be proved by many Witnesses, who were not willing to expose themselves to the fury of that Torrent, which then carried all before it in favour of the Plot, by appearing at the Trial; running over all the Paragraphs of the other Letter, asserting what had there been said for Truth; endeavouring to wipe off the Objections given, in a scurrilous manner; imputing Melancholy to be predominant in Sir Edm. Godfrey's Family, and that such Accidents were no News thereto, etc. Dated from Cambridg, March 13. 1681. subscribed Truman. London, Printed for Nath. Thompson, 1682. Then was read a Paragraph out of N. Thompson's Loyal Protestant Intelligence, Numb. 125. Tuesday, March 7. 1681. which was a kind of Advertisement of this second Letter's coming out; and an Assertion, that all things in the first were true; and were ready, by undeniable Evidence, to be made out. Then a Paragraph was read out of another of the like Intelligences, Num. 127. Saturday, March 11. 1681. which was a kind of challenging an Answer to the first Letter; and of the City's inspection of the Truth thereof, promising Proof to every Tittle, without one Papist, or Popishly-Affected Person being concerned therein, etc. Thus, by these Letters and Intelligences they endeavoured to stifle the Evidence of the King, and arraign the Justice of the Nation. Then Mr. Sanders (of Counsel for Pain) acknowledged the rashness and unadvisedness of the Act, but that it was not out of Malice; that he was no Papist, nor any of his Family; and how ingenuously it was done of him to acknowledge his Letter, much more than to write it, and bring it to be printed. Mr. Gooding (of Counsel also for Pain) acknowledged him sorry for what was done, and offered to give any Satisfaction. Mr. Yalden (of Counsel for Thompson) pleaded, That the other two drew him in, and that it was honestly done of him to discover the Authors; and that what was in his Intelligences, was not so much his Fault as the Authors, for whom it was free to put what they would in there, he being paid for his pains. Mr. Osborne (of Counsel for farrel) acknowledged it a foolish thing; but offered his Witnesses to be heard. farrel then, first of all, called one Mr. Hazard, who deposed, That he went along with farrel to see Sir E. Godfrey's Body at the White-House. That he lay there upon a Table, and his Eyes were closed, and Shoes clean as if he had been upon an Hay-Mow. That he saw Gobbets of Blood in the Ditch where he had lain, and likewise at a place where there were two or three things to go over. William Batson deposed, That he also saw the Body at the White-House, and the Blood in the Ditch; but that it looked to him, as if it had been laid there rather than any thing else. Then one Fisher, who helped to strip the Body at the White-House, deposed, That his Shoes were clean, and he saw no Blood but on his backpart, where was Blood; that he seemed to have been strangled; and his Neck was so weak, that it might be turned any where. Then John Rawson deposed, That he helped to carry the Body away out of the Ditch, and pulled out the Sword; that he saw Blood upon some Posts, and upon the Table where it lay, and on the Floor; and that there were something like Fly-blows in his Eyes; though (being asked) he said he saw no Flies busy at that time of the Year. [At which the People laughed.] Mrs. Rawson, his Wife, only swore, That there was Blood and Water ran through the Table; and that many People said there were Fly-blows, but she did not mind it, though there was something like Fly-blows. Then farrel proposed to prove the difference between Prance's and Bedloes Evidence, by Copies of the Journals of the House of Lords; and the Ld. Ch. Justice gave him leave freely to prove what he would or could: But he went off from this Proof, and called other Witnesses, etc. Mr. Chase the Son, deposed, That he saw no Blood in the Ditch, but he saw some four or five Yards off, which the Constable told him followed the Sword when it was pulled out. That he saw the Body in the House, wherein was two Wounds, and a great Contusion on the left Ear, his whole Face much bruised, and he believed him strangled; and that those Injuries offered him could not be after he was dead. Mr. Hobbs deposed, That it was his Opinion he was Strangled, his Face was bloated, and the bloody Vessels of his Eyes full, and he observed no Fly-blows. Mr. Chase, the Father, deposed, That he observed the Body beaten, from the Neck to the Stomach, so as he never saw the like. That Mr. farrel telling him soon after what Proof he could make of this Business, he dissuaded him, as being impossible to say any thing against it that had the face of Truth: That after his Book came out, Mr. farrel, on Easter-Eve told him, That six Months before he had given him good Counsel if he had taken it. Then Mr. Brown deposed, That he saw no Fly-blows on the Body, nor ever said he did, but that Mr. farrel would have had him said so; and another time told him, he was wrong in his Affidavit, as if he knew what he could make Affidavit of better than himself. Then Mr. Smith deposed, That he did not carry any of the Blood home in his Handkerchief, as farrel had called him for to declare. Then Mr. Lazingby was sworn, to declare, Whether Men that kill themselves, do not look as Sir E. Godfrey's Body did? He deposed, That he seemed to him to be strangled, and that which strangled him was kept about his Neck till he was cold, because his Face looked bloody and bloated; and that he put his Finger into the Blood, which lay some four Yards from the Ditch, and it smelled like that which comes from a Body after a Fortnight's Time dead, rather than a Weeks, it being Blood and Water; whereas the Water will separate from the Blood. That the Body was bruised from the Neck to die Stomach, his Eyes were open and Bloodshed. That his Clothes were dry, which he admired at, there having been so great a Storm the Afternoon before. farrel then proffered to prove himself no Papist; but the Ld. Ch. Justice told him, His Religion was not worth enquiring into. And Searj. Maynard observed how little Service his Witnesses had done him, not one haying spoke on his side, but quite against him; and how little it belonged to such Fellows as he to meddle in this Business, or to write about it; proffering to call some Witnesses in, to prove him as wicked a Liar as lived; but it was thought unnecessary, and was therefore waved. The Ld. Ch. Justice observing what liberty he had given the Defendant to call what Witnesses he would, because he was willing to hear what could be said in the Case, whether a Doubt could be made in the World, that Sir E. Godfrey was not murdered, etc.— leaving it to the Jury, Whether upon the Evidence, they did not believe them all Guilty of this Design, of traducing the Justice of the Nation. The Jury thereupon, without going from the Bar, found them all three Guilty of the Information. And on Monday, July 3. they being brought to the Bar of the Court of King's Bench to receive the Judgement. Mr Thompson the Counsellor moved for Judgement; and further to satisfy the World, produced Mr. Spence's Affidavit before Mr. Justice Dolbin, July 10. 1682. wherein he had deposed that on Thursday, Octob. 10. 1678. As he was passing by , about 7 at Night, five or six Men standing at the Water-gate, laid hold on both his Arms, and dragged him about a Yard within the Gate, it being dark; but one of them cried out, (which he believes was Hill, whom he very well knew) and said, This is not he; upon which they let him go. The Clerk of the Crows said, he knew this Spence, and that he was very like Sir E. Godfrey. Then John Oakeley's Affidavit was read, which was made before Sir John Moor Mayor, June 22. 1682. and was, That he coming by , upon Saturday, Octob. 12. 1678. the very day on which Sir E. Godfrey was missing, about eight or nine at Night, he saw Sir Edmondbury near the Water-gate, and past close by him, knowing him very well, put off his Hat to him, and Sir Edm. did the like to him; and having passed him, he turned and looked upon him, and saw him stand still, and a Man or two near him: And that he told this to Elizabeth Dekin two or three days after; and to his Uncle Ralph Oakely of Little St. Bartholomew about a Week after, and to his Father Robert Oakely and several others in a short time after. Elizabeth Dekin's Affidavit (who was his Fellow-Servant) before Sir John Moor at the same time hereof; and Mr. Robert Breedon's Affidavit (who was their Master, and a Brewer, near Sir E. Godfrey's House) made then also; that Dekin had told him what Oakely had told her, and that before the Body was found. And Robert Oakely his Fathers Affidavit, made at the same time that his Son had told him the same; and his Uncle Ralph Oakeley's Affidavit of the same, before Mr. Justice Dolbin, July 4. 1683. were all annexed to corroborate his Testimony. And whereas it had been reported, that Sir E. Godfrey hanged himself, and that one Moor his Clerk cut him down; the said Henry Moor made Affidavit before Justice Balam of the Isle of Ely, July 28. 1681. That the Report was false and scandalous, and that he neither said nor did any such thing. John Brown and William Lock also, of Marrowbone, made Affidavit before Sir John Moor Mayor, June 30. 1682. That they viewing the Body on Thursday, Octob. 17. 1678. as it lay in the Ditch, found that the Pummel of the Sword-Hilt did not touch the Ground by an handful, & c Benjamin Man also of London Gent. being not called at the Trial, though twice subpoened, made Affidavit before Sir W. Dolbin, July 3. 1682. That being in the Gatehouse when Green was took, and about to be put into Irons; and understanding his Crime, saying, he did not think to have found him such a Man; Green thereupon replied, He was a dead Man. Robert Forset Esq of Marrowbone, made Affidavit also before Sir W. Dolbin, on July 1. 1682. That he was a hunting with his Hounds, on Tuesday, Octob. 15. 1678. and beat that very place where the Body was afterwards found, but there was neither Body, nor Gloves, nor Cane thereabouts then; and that Mr. Henry Harwood (who is since dead) borrowed his Hounds, and told him, that he beat the same Ditch the next day, and that no Body was there, he was sure, on Wednesday at Noon. George Larkin of London, Printer, made Oath also before Sir John Moor Mayor, March 22. 1681. That he going to see the Body, on Octob. 18. 1678. he met Nat. Thompson there, who then proposed the printing of a Narrative of this Murder to him, desiring his Assistance; which they afterward agreed to print; and that contained, how Sir E. Godfrey's Face was of a fresh Colour, though in his life-time Pale; a green Circle about his Neck as if he had been strangled, etc. That there was no Blood in the place, and his Shoes as clean as if he had but just come out of his own Chamber, which was an evident sign that he was carried thither,— and that the Coroners Inquest found that he was suffocated before the Wounds were made, etc. And finally, that one of the Jury affirmed, that his Mother's Servant searched all those Grounds for a Calf that was missing, Monday and Tuesday, and at that time there lay no dead Body, Belt, Gloves, Stick, etc. farrel it seems was Trustee for Fenwick that was executed; and Pain was Brother to Nevil, alias Pain, who was famous for scribbling for Mrs. Cellier and the Papists. The Court consulting together, Mr. Justice Jones, having first set out the greatness of their Crime, gave the Judgement of the Court, which was, That Thomson and farrel should stand in the Pillory, in the Palace-Yard, the last day of the Term, for an hours space, between ten and one; and each of them pay 100 l. Fine, and to be imprisoned till they had paid it. Pain was excused from the Pillory, but adjudged to the same Fine.— Accordingly on Wednesday, July 5. 1682. Thompson and farrel were Pillored, with this Writing over their Heads; For libelling the Justice of the Nation, by making the World believe that Sir Edmondbury Godfrey murdered himself. The Trial of Nathaniel Reading Esq before the Commissioners of Oyer and Terminer, at the King's-Bench-Bar at Westminster, on Thursday, April 24. 1679. ON Wednesday, April 16th, 1679, His Majesty's Commissioners of Oyer and Terminer did meet at Westminster-Hall, in the Court of King's-Bench, When and where the Commission was Read, and the Grand-Jury Sworn; and then Sir James Butler, the Chief Commissioner that then appeared, gave them their Charge, informing them briefly of the Occasion of their meeting: desiring them to go together, and take the Witnesses (being first sworn) along with them; which they did for about half an hour, and then returned, finding it Billa Vera. After which the Court Adjourned to Thursday, April 24. On which day the Commissioners there met, viz. Sir Francis North Kt. Ld. Ch. Justice of His Majesty's Court of Common-Pleas. William Montague Esq Ld. Ch. Baron of his Majesty's Court Exchequer. Sir William Wylde Kt. and Bar. one of his Majesty's Justices of the King's-Bench. Sir Hugh Windham Kt. one of his Majesty's Justices of the Common-Pleas. Sir Robert Atkins Kt. of the Bath, another of the Justices of the Common-Pleas. Sir Edward Thurland Kt. one of the Barons of the Exchequer. Vere Bertie Esq another of the Justices of the Common-Pleas. Sir Thomas Jones Kt. another of the Justices of the King's-Bench. Sir Francis Bramston Kt. another of the Barons of the Exchequer. Sir William Dolben Kt. another of the Justices of the King's-Bench. Sir William Jones Kt. his Majesty's Attorney-General. Sir James Butler Kt. one of the King's Counsel, and the Queen's Attorney. Sir Philip Mathews Bar. Sir Thomas Orbey Kt. and Bar. Sir Thomas Bide Kt. Sir William Bowles Kt. Sir Thomas Stringer Sergeant at Law. Sir Charles Pitfield Kt. Thomas Robinson Esq Humphrey Wyrle Esq Thomas Haryot Esq Richard Gower Esq After Proclamation made for Attendance, the Lord Chief Justice North discharged the Grand Inquest; and Mr. Reading being set to the Bar, his Indictment was read to him; Being for Soliciting, Suborning and endeavouring to persuade Mr. William Bedloe to lessen, stifle, and omit to give Evidence the full Truth according to his Knowledge, against the Lord Powis, Lord Stafford, Lord Petre, and Sir Henry Tichborn, but to give such Evidence as he the said Reading should direct; as also for giving the said Mr. Bedloe 50 Guinies in Hand, and promising him greater Rewards, for the Ends and Purposes aforesaid. To which he pleaded Not Guilty in Thought, Word, or Deed. Then the Jurors sworn, were, Sir John Cutler, Joshua Galliard Esq Edward Wilford Esq Thomas Henslow Esq Thomas Earsbie Esq John Serle Esq Thomas Casse Esq Rainsf. Waterhouse Esq Matthew Bateman Esq Walter Moyle Esq Richard Pagett Esq John Haynes Esq Mr. Reading at first challenged Sir John Cutler, as being in Commission of Peace, and laboured very much to have made his Challenge good. But the Court overruled it, in regard Sir John was not in the particular Commission then sitting; and for that he could not challenge him peremptorily, the Indictment not endangering his Life, as it might have been laid, but only for a Misdemeanour. Thereupon the Court proceeded; and the Indictment being read to the Jury, Edward Ward Esq (of Counsel for the King in this Cause) opened it, and Sir Creswel Levinz opened the Charge. After which, Mr. Reading, to save time, admitting those Public Passages laid in the Preamble of his Indictment, (as that Coleman, Ireland, etc. were Executed for Treason; and that the Lords in the Tower were accused and impeached in Parliament for this Plot) Mr. Bedloe was sworn, and deposed, That Sir Trevor William's brought him first acquainted with the Prisoner; who began with him as a friendly Adviser; in public always pressing him to discover what he knew of the Plot, but in private advising him to be cautions, and not to run at the whole Herd of Men, intimating as if the Ld. Ch. Justice also seemed displeased at his forwardness, saying, that he would make the Parliament his Friends by proving the Plot; the King his Friend, in not charging all the Lords; and the Lords his Friends, by being kind to them. That the Persons Mr. Reading most solicited for, were the Lords Petre, Powis, and Stafford, and Sir Henry Tichborn, Mr. Roper, Mr. Caryl, and Corker: That he should have Money, and an Estate, by the negotiation of the Prisoner at the Bar, to shorten the Evidence, and bring them off from the Charge of High-Treason. That he and Mr. Reading had several Consultations about this matter; none of which he did conceal, but revealed them presently to the Prince, the Earl of Essex, Counsellor Smith, Mr. Kirby and several others. And that he did not give in his full Evidence against Whitebread, and Fenwick, a Ireland's Trial, because he was then treating with Mr. Reading who had made him easy. That the Prisoner, in assurance of his Reward, told him, he had order to draw blank Deeds to be signed in ten days after the discharge of those for whom the Sollication was made. That he and the Prisoner had a private Consultation in his Bedchamber, March 29. last, when Mr. Speke, and his own Man Henry Wiggens were hid privately in the Room, and overheard the main of the Consultation and Overture of Mr. Reading; At what time Mr. Bedloe was to pen his Testimony as the Prisoner should direct him, for the mitigation of the Evidence. That when that Paper was finished, the Prisoner carried it to the Lords to consider of it: And that after they had considered of it, and mended it as they pleased, Reading returned with the Emendations written with his own hand; and delivered them to Mr. Bedloe in the Painted-Chamber, who held them so behind him, that Mr. Speke, as it was agreed, took them unobserved out of his hand. [Which Paper being then Produced, was read in open Court.] Then Mr. Speke was sworn, who deposed, That on Saturday morning, March the 29th last, he was hid behind the Hang, between the Bed's-head and the Wall, in Mr. Bedloes Chamber (as was, agreed on before) and there he heard Mr. read's and Mr. Bedloes Negotiation together. That Mr. Bedloe asked the Prisoner, what the Lords said to the Business, and what the Lord Stafford said to the Estate in Glocestershire? To which the Prisoner answered, That the Lord Stafford had faithfully promised him to settle that Estate upon Mr. Bedloe, and that he had Orders from that Lord to draw up a blank Deed in order to the Settlement, which the said Lord had engaged to Sign and Seal within 10 days after he should be discharged by Mr. Bedloes contracting of his Evidence.— And that the Lords Powis and Petre, and Sir Henry Tichbourn had faithfully engaged and promised to give Mr. Bedloe a very fair and noble Reward, which should be suitable to the Service he should do them, in bringing them off from the charge of High-Treason. To which when Mr. Bedloe answered, that he would not rely upon their Promises only, but expected to have something under their Hands; Mr. Reading replied, That they did not think it convenient so to do as yet, but that Mr. Bedloe might take his Word, as he had done theirs; and that he would engage his Life for the performance; With much other Discourse, all tending to the same effect.— That on the Monday morning, he saw Mr. Reading deliver the Paper to Mr. Bedloe, from whom he received it, and he and Mr. Wharton read it immediately in the Lord Privy Seal's Room. After him, Henry Wiggen's Mr. Bedloes Man, deposed, That he was concealed under the Rugg upon his Master's Bed, at the same time, and to the same intent as Mr. Speke was; giving the same Evidence, as to what had been discoursed of between the Prisoner and his Master in the Chamber; which afterwards he and Mr. Speke writ down.— And that he saw Mr. Reading deliver the Paper to his Master in the Painted-Chamber, and saw Mr. Speke take it, who went with another Gentleman into the Lord Privy Seal's Room with it. After this Mr. Reading began his Defence, Protesting his own Innocency, producing Mr. Bulstrode, only to testify that the occasion of his going to the Lord Stafford, was his sending for him; which yet he did not without leave from the Committee of Secrets. That then he was employed by the Lords, only to get them their Habeas Corpus'. And Sir Trevor Williams being called by him, declared how he only recommended Mr. Bedloe to him for his Advise, about having his Pardon as perfect as could be. The Prisoner owning his being in Mr. Bedloes Chamber at that time, and taking his Evidence, and carrying it afterwards to the Lords; but that it was purely out of Conscience, and to prevent Perjury, and the Shedding of Innocent Blood; and the Deed discoursed of was only for 200 l. to be paid him by the Lord Stafford within 10 days after he should be discharged, pro Consilio impenso & impendendo, to be secured upon an Estate in Glocestershire; the which Money, the Lord Stafford indeed told him, when he had received, he might dispose of it as he thought fit (which Confession the Court declared amounted to the Confession of the whole Charge.) Then he endeavoured the bespattering the Witnesses; Relating how Mr. Bedloe had vilifyed Dr. Stilling-fleet, Dr. Tillotson, and Dr. Lloyd; and that he heard him say, he had by him several Witnesses that would swear whatever he bid them; and that he laid in Provisions of Fire, Coals and Billets, behind the Palsegrave-Head Tavern, and hard by Charing-Cross, to burn the City of Westminster; which he produced one Mr. Palmer to swear, and that he lent him Money, as also he had Mr. Speke, which was yet unpaid (which proved to be 6 s. 8 d. for an Order, which was for Mr. Speke's Brother); aspersing them with being Eavesdroppers; multiplying words, to little purpose. His Defence therefore being Artificial, (as the Lord Chief Justice told him) because nothing to the purpose. Nay, Mr. Justice Wild told him, he disgraced his Profession by making so weak a Defence. And Bedloe owned some of the Crimes he bespattered him with, as part of the Gild for which the King had given him his Pardon, and farther Deposed, That Mr. Reading was to have 100 l. a Year, out of every 1000 l. a Year of Bedloes Reward. The Ld. Ch. Justice summed up the Evidence, to which the Ld. Ch. Baron added some little; and then the Jury, after a short recess, brought the Prisoner in Guilty. And then the Court Adjourned for half an hour when being met again, and the Prisoner at the Bar, The Ld. Ch. Justice Sentenced him, to be Fined 1000 l. to be imprisoned for the space of a whole Year; and to be set in the Pillory for the space of one hour in the Palace-Yard in Westminster. On the Monday following he was Pillored accordingly, the Sheriff having a particular Charge of his Person; that nothing but Shame and Infamy might befall him, to which he had been condemned, and did deserve as well as any Man that ever was convicted. The Trials of Thomas White, alias Whitebread, Provincial of the Jesuits in England. William Harcourt, pretended Rector of London. John Fenwick, Procurator for the Jesuits in England. John Gavan, alias Gawen, and Anthony Turner, all Jesuits and Priests. At the Sessions-house in the Old-Baily, on Friday June 13, 1679. THen and there the Court being met, and all the Judges of England present, Proclamation was made of Silence and Attention whilst the King's Commission of Oyer and Terminer, and of Goaldelivery were openly read; then the Prisoners being set to the Bar, James Corker (a Priest and Jesuit, brought thither to be tried with them) presented to the Court a Petition, setting forth that he was absolutely surprised, and unprepared for his Trial, and therefore besought the Court that he might not be tried till the next Sessions. To which the Court seemed inclinable enough, nor did the Attorney General gainsay it, upon condition that he could really make it out, that he wanted Witnesses, without which he could not make his Defence. However it was thought fitting that he should hear the Charge that was against him read: to the end he might be able to give the Court an account what Witnesses he had, that might avail him in reference to his Defence against it, which being done, (the Indictment being in general for High-Treason, in conspiring the Death of the King, the Subversion of the Government, and Protestant Religion) the former Question was put to him again, and then he named one Alice Gatton now at Tunbridg, as a Witness to prove that he was not in Town upon the 24th of April; so that being respited till the next day, the Court said nothing farther to him that Sitting. Immediately after the Indictment was read, Whitebread represented to the Court, that in regard he had been tried upon the 17th of December before, upon the same Indictment; at what time the Jury being impanell'd, and the Evidence found insufficient which came in against him, the Jury was discharged without a Verdict, he was informed that no Man could be tried, and consequently put in Jeopardy of his Life twice for the same Cause. For which reason he prayed for Counsel to direct him upon that Point in matter of Law. He urged that his Life was in danger, as being delivered over in Charge to the Jury: and to make it out he alleged the Case of Sayer, in the 31 Eliz. who having pleaded to a former Indictment for a Burglary, was indicted a second time, upon which it was the Opinion of the Judges, that he could not be indicted twice for the same Fact. He likewise desired a sight of the Record, and that he might be informed, whether or not when a Person comes upon his Trial, he ought not either to be condemned or acquitted? Upon the whole matter, and his Motion together, the Court declared to him, that the Jury being discharged of him, his Life was in no danger. For that the Jury being sworn to make a true deliverance or the Prisoners in their Charge, their Charge could not be full till the last Charge of the Court, after Evidence. Moreover, he was told that such a Plea as he produced could not be supported without a Record, and it was certain there was none here, because there was no Verdict; and besides, this was not the same Indictment, in regard it contained new matter. Then Fenwick offered the same Plea, his Case being the same, appearing before with Whitebread upon his Trial: but the Court returning the same Answer to him as to the former, they both submitted, and so all of them pleaded severally Not Guilty to the Indictment. Then the Jury being to be impanell'd, they unanimously excepted (without naming them) against all those Persons that had served before as Jurymen in the same Cause, which the Court allowed them, as but reason. And the Jury therefore that were sworn were these twelve. Thomas Harriott, William Gulston, Allen Garraway, Richard Cheney, John Roberts, Thomas Cash, Rainsford Waterhouse, Matthew Bateman, John Kain, Richard White, Richard Bull, Thomas Cox. To whom the Indictment being read, Mr. Belwood (of Counsel for the King in this Cause) opened the Indictment, and Sir Creswel Levinz proved the Charge, and then Dr. Oates was first called, and being sworn he deposed, That Whitebread was made Provincial the last December was twelve Month; and by virtue of his Authority, ordered one Conyers to preach in the English Seminary upon St. Thomas of Becket's-day, that the Oaths of Allegiance and Supremacy were Heretical, Antichristian and Devilish: which accordingly was done. That in January or February he wrote Letters to St. Omers concerning the State of Ireland, of which he had an account from Archbishop Talbot, who wrote him word, that there were several thousands of Irish ready to rise, when the Blow (by which was meant the King's Murder) should be given in England, and he hoped it would not be long ere it was given. That he sent over two Jesuits into Ireland in January to see how Affairs stood there; of whose return he writ an account to St. Omers in April, and of the Consult to be that Month, at which he was, and signed a Resolve at Wild-house, that Pickering and Grove should go on in their design to dispatch the King, as a very excellent Expedient. That in June he went over into Flanders to look to his Charge, as Provincial, and there in discourse with some of the Fathers, he used this Expession, That he hoped to see the black Fool's Head at Whitehall laid fast enough; and that if his Brother should appear to follow his steps, his Passport should be made too. That also upon Sir George Wakemen refusing to poison the King for 10000 l. he advised the adding of 5000 l. more, and was highly pleased that he had accepted it. Mr. Dugdale's Evidence against him was, That in a Letter from Grove to Ewers, he saw one of Mr. Whitebread's, to take none but stout desperate Fellows, not mattering whether they were Gentlemen or no, and that they were to take away the King's Life. That he had seen Whitebread at Harcourt's Chamber with Le Fair, Pritchard and others, where they fell into discourse concerning Sir G. Wakeman's boggling at 10000 l. and so agreed to make it up 15000 l. to which Whitebread readily consented. Mr. Bedloe swore against him, That it was Whitebread that gave Coleman an Account of sending four Irishmen to Windsor. As to Fenwick, it was sworn against him by Dr. Oates, that when he came over in June, he met with Fenwick at Dover, who came with him to London, and upon his Box being seized by the Searchers, he heard him say, That if they had searched his Pockets, as they had his Box, they had found such Letters as would have cost him his Life; for, said he, they were about our Concern in hand. That he and one Ashby, or rather Thimbleby, then brought over Instructions from Whitebread, to offer Sir G. Wakeman 10000 l. to poison the King, and for filling up a blank Commission to Sir John Gage to be an Officer in the Army. That Ashby being to go to the Bath, Fenwick with Harcourt did advise him, upon his leaving that place, to take a turn about Somersetshire, and to possess the People there with the matter, not doubting but that before he came up to Town again to have the Gentleman at dispatched, whom they called the black Bastard. That Fenwick was with others at Wild-house upon the 21st of August, at what time there was 80 l. before them on a Table, which was for those that were to kill the King at Windsor, and was present when the Money was paid to the Messenger. That he also being at a Consult of the Benedictines, received advice from Talbot out of Ireland of a design to kill the Duke of Ormond, desiring Commissions and Money for advancing the Design. Upon which the said Fenwick sent Commissions to Chester by an Express, and other Letters by the Post; and moreover he delivered the Witness Money for his necessary Expenses, charging him to procure some Masses to be said for a prosperous Success of the Enterprise. Against Fenwick, Mr. Prance deposed that in Ireland's Chamber in Russel-Street about a fortnight before Michaelmas last, there was Ireland, Fenwick and Grove talking of 50000 Men that should be raised, and be in readiness to carry on the Catholic Cause, and were to be governed by the Lords Bellasis, Powis and Arundel: And that he, ask them what would become of Tradesmen, if Civil Wars should be again in England? Fenwick bid him never to fear a Trade, for there would be Church-work enough for him, as Crucifixes, Images, and the like. Mr. Bedloe being sworn, deposed that he bade seen Fenwick both at Whitebread's and Harcourt's Chambers, when the Murder of the King was discoursed of, and that he agreed with the rest, and consented to it. Against Harcourt, Dr. Oates deposed, That he was one of those that were at the great Consult, and signed the Resolve. And that he was present at the filling up of the blank Commission to Sir John Gage; And paid the Messenger the 80 l. which was for the four Assassinates at Windsor in his own Chamber. Against him Mr. Dugdale swore, that he being pitched upon to be one of the King's Murderers, was by Harcourt chosen to be disposed of at London for that purpose, under the Tuition of one Mr. Parsons. That there was a Letter from Paris which passed through Harcourt's hands, to prove that it was the opinion of them at Paris and St. Omers, to fling the Death of the King upon the Presbyterians, whereby they should bring in the Episcopal Party into the Papists Company, to revenge themselves of the Presbyterians; and after that, to go on to a Massacre, and those that escaped it, to be afterwards totally cut off by the Army. That he also had seen several treasonable Letters, at least an hundred of them, all sent from Harcourt to Ewers under a Cover from Groves, which he had intercepted and read. That the first Intelligence of the Murder of Sir Edmondbury Godfrey, which they had in the Country, was sent from Harcourt, which Letter was received on Monday, and bore Date on Saturday, upon the Night of which Day the said Murder was committed, with these particular words, This Night Sir Edmondbury Godfrey is dispatched. In Confirmation of which Particular, Mr. Chetwin was sworn, who deposed, that on Tuesday after the Murder, one Mr. Sanbidge (a Kinsman of the Lord aston's) came to him from Elds, an Alehouse, and asked him, if he heard not of a Justice of Peace at Westminster that was killed? the Girl of the House having told him that Mr. Dugdale had reported there that Morning that such an one was killed. Mr. Bedloe being sworn, deposed also, that he saw Harcourt take the 80 l. out of a Cabinet, and pay the Money to the Messenger that was to carry it to the Ruffians at Windsor, giving the said Messenger at the same time for Expedition a Guinea, as from Coleman, to drink his Health.— That in Harcourt's Chamber 1500 l. was agreed upon and appointed, as likewise the number of Masses, for Grove and Pickering for killing the King;— That he was one of those that agreed and consented to the addition of 5000 l. to the first 10000 l. to be given to Sir G. Wakeman.— That he brought Harcourt several Letters from Wotton, St. Omers, Bruges, Paris, Valladolid, and Salamanca, all of them for carrying on the Plot, showing what Men, and Money was in readiness, and what more expected.— That the Contributions and Accounts lay generally in Harcourt's Hands, and that he had carried several Papers from Harcourt to Langhorn concerning the same matter.— That he carried a Consult to St. Omers from Mr. Coleman, to whom Harcourt went with him, and that in that Consult was the main of the Design;— Also that he saw Harcourt give Sir G. Wakeman a Bill upon some certain Citizen for 2000 l. telling him at the same time, that it was in part of a greater Sum. Then two Papers were produced and read in Court, which Sir Thomas Doleman deposed he found amongst Harcourts' Papers; the first was a Letter from one Mr. Petre, giving an account when the Consult was to be, advising Secrecy, as to time and place, it appearing of its own Nature necessary. The other was a Letter from one Christopher Anderton, dated from Hilton (by which was meant Rome) Feb. the 5th, 1677/8. wherein mention was made of the Patents being sent thence: both which Letters the Prisoners struggled much to vindicate by such forced Constructions of the matters they contained, as all the Court rejected. Against Gavan Dr. Oates deposed, That he saw his Name to the Resolve, though he could not swear he was at the Consult of the 24th of April: That he gave an account from time to time of the Affairs of Staffordshire and Shropshire, relating to the Plot; and that coming to London, he gave the same account to Ireland his own Chamber, and talked of two or 3000 l. that would be ready for the Design. Mr. Prance then deposed, that Harcourt had told him above a Year before, (as he was paying him for an Image of the Virgin Mary,) that there was a Plot upon the Life of the King. Mr. Dugdale deposed against him, that it was he who had engaged him in the Plot upon the Life of the King, and often persuaded and encouraged him to it.— That at Ewer's and his Chambers at Boscobel and other places, several Consultations had been had about the Death of the King, and bringing in of Popery; wherein Mr. Gaven was always a great Man, being a good Orator to persuade People in the Design:— That at the same Consultations he had heard the Massacre often discoursed of. And that Gaven should say, That though they were but in a low condition themselves, yet they would have Men and Money enough to spare for such a Design.— That the said Gaven had many times endeavoured to convince him of the Lawfulness if not the Merit of killing any person whatsoever for the Advancement of their Religion. As to Turner, it was sworn by Dr. Oates, that he was at the Consult of Fenwick's Chamber, and signed the Resolve. Mr. Dugdale also deposed, that Ewers had told him that Turner was to carry on the Design in Worcestershire.— That the said Turner had met with Ewers, Leveson and others, in several places, and had in every one of them given his consent to, and assisted with his Counsel in the carrying on of the grand Design of killing the King, and introducing of Popery. This was the main of the Evidence for the King. The Prisoner's defence lay chief in seeking to invalidate the Testimony given against them; and to prove Oats perjured; they produced these St Omers Witnesses, who testified that he was not in England in April, viz. Mr. Hilsley, William Parry, Doddington, Gifford, Palmer, Cox (who differed in his Testimony from all the rest, and caused two great Laughters in the Court) Thomas Billing, Townley, Fall, John Hall (Butler), Cook (a Tailor); some of which were so positive, that they affirmed that Dr. Oates never lay but two Nights out of the College from December till the middle of June.— And to prove further, that he did not come over with Sir John Warner, and Sir Thomas Preston (as he had deposed elsewhere) one Bartlet (a Dutchman) Carlier Verron, Baillee (who spoke by an Interpreter) John Joseph and Peter Carpenter appeared. Then Gaven produced two Witnesses to prove him to be at Wolverhampton in Staffordshire at the time of the Consult, viz. one Mrs. Kath. Winford (at whose House he there lodged) and Mary Poole, a Servant in the House; the latter of whom was so lame in her Testimony, as caused both Laughter and Shouts. He produced four more, that affirmed him to be in Wolverhampton the last week in July, but none that could speak to the other three weeks in that Month. However he protested his Innocency, and desired to put himself upon the Trial of Ordeal. Then Whitebread in his defence offered to prove D. Oates mistaken in his Evidence at Mr. Ireland's Trial, which the Court would not allow. Harcourt endeavoured to prove Dr. Oates mistaken as to Ireland's being with him in his Chamber in August. One Gifford, the Lady Southcott, Sir John Southcott, Mr. Edward Southcott, (his Son) Mrs. Harewel, her Daughter, Eliz. Keeling, Pendrel, and his Wife, two Mrs. Giffords', and one Mr. Bedloe affirming him to have been most of that Month in Saffordshire. Fenwick offered to invalidate Mr. Bedloes Evidence, from his having been an ill Man, etc. Then Sir Creswel Levinz (of Counsel for the King) summed up the Prisoner's Defence, and to clear Dr. Oates' Evidence about Ireland, he called Sarah Pain, who swore that she saw Ireland in London about the middle of August. And for the Proof of Dr. Oates' being in England at the time he said he was, Mr. Walker (a Minister) Mrs. Ives, Mrs. Mayo, Sir Richard Barker, Philip Page, Butler, (his Servants) Mr. Smith (Schoolmaster of Islington) and Mr. Day, a Popish Priest; all deposed as to his being seen in April and May (78): to which the Prisoners only opposed the Number, and Innocency of their Evidence (being most young Boys). After which the Ld. Ch. Justice directed the Jury: and in summing up the Evidence, insisted particularly on Dugdal's Evidence concerning Sir Edmondbury Godfrey's Death, as a mighty Confirmation of the Plot.— Then an Officer was sworn to keep the Jury, who withdrew; and the Judges also went off from the Bench, leaving Mr. Recorder, and a competent number of Commissioners there to take the Verdict; and about a quarter of an Hour after, the Jury brought them all in Guilty.— Then the Prisoners were carried back to Newgate, and the Court adjourned till eight next Morning. And then Mr. Langhorn was tried, and found guilty: After which, they were all six brought to the Bar together, and received Judgement to be Drawn, Hanged and Quartered: which accordingly was done upon these 5 Jesuits and Priests, on Friday, June the 20th, at Tyburn. The Trial of Richard Langhorn Esq Counsellor at Law, at the Old-Baily, on Saturday, June the 14th, 1679. HIS Indictment was for conspiring the Death of the King, Subversion of the Government and Protestant Religion: whereto he pleading Not guilty, the Jury were impanelled for his Trial; who were, Arthur Young, Edward Beeker, Robert Twyford, William Yapp, John Kirkham, Peter Pickering, Thomas Barnes, Francis Neeve, John Hall, George Sitwel, James Wood, Richard Cawthorne. To whom the Indictment being read, Roger Belwood Esq (of Counsel for the King in this cause) opened the Indictment, and Sir Creswel Levins proved the Charge. And, Then Mr. Dugdale was first called to give Evidence of the general Design, from which afterwards it would be brought down particularly to Mr. Langhorn: who therefore deposed, that he had been in several Consultations for alteration of this present Government, and for the introducing of Popery, and Murder of the King; that he was to have a Sum of Money to be one of them that should kill the King; being put upon it by Mr. Ewers, Mr Gavan, Mr. Luson, and Mr. Vavasor, all Jesuits, that there was then to have been a Massacre of the Protestants, and then an Army to have appeared to have cut off those that might escape the Massacre: that these Consultations were in Staffordshire; one at Tixal, another at Boscobel, at my Lord Aston's and Mr. Gerrard's.— Also that Mr. Ewers received a Letter on Monday, dated on Saturday from Mr. Harcourt, which did express and begin thus; [This very night Sir Edmondbury Godfrey is dispatched] with some other words of like Import. Then Mr. Prance deposed that he was told by the Lord Butler, that one Mr. Messenger a Gentleman of the Horse to the Lord Arundel of Warder, was by him employed, and the Lord Powis to kill the King, for a good Reward: That Mr. Harcourt, in his hearing, said that the King was to be killed by several: And that Fenwick said, Mr. Langhorn was to have a great hand in it: That then an Army of 50000 Men was to be raised and governed by the Lords Arundel and Powis, to rain the Protestants, and settle the Catholic Religion, whereof he hath heard Fenwick, Ireland and Grove speak at the same time together. Then for the Proof of the particular matters of the Indictment, Dr. Oates was sworn, who deposed, That in April 1677, he went into Spain: and in September following, Mr. Langhorn's Sons came thither, the one a Scholar of the English College at Madrid, the other of the English College at Valladolid, to study Philosophy in order to their receiving of the Priesthood That in November following he returned into England, and brought Mr. Langhorn Letters from his Sons, which he delivered soon after his Arrival to him; telling him; at the same time, that he believed his Sons would both enter into the Society, whereat Mr. Langhorn seemed mightily pleased, saying that by so doing they might quickly come to Preferment in England, for that things would not last long in the posture they were in. That in the latter end of November, he returning to St. Omers, Mr. Langhorn delivered to him a Packet to carry thither, wherein, when it was opened, he saw a Letter from him to the Fathers, giving them thanks for their care and kindness towards his Sons, promising them to repay them their charges of his Son's Journey into Spain (which was 20 l.) telling them that he had writ to Father Le Cheese, in order to their Concerns; saying that Mr. Coleman had been very large with him, and therefore it would not be necessary for him to trouble his Reverence with any large Epistles at that time, which Letter he saw not, only this account of it. That there was in March or April after, another Letter from Mr. Langhorn to the Fathers at St. Omers, about an extravagant Son of his, wherein he also expressed his great care for the carrying on of the Design of the Catholics; and that the Parliament began now to flag in promoting the Protestant Religion, and that now they had a fair Opportunity to begin, and give the Blow. That in April or May when the Consult was, to which several of them came over from St. Omers, and at which, though Mr. Langhorn was not present, yet that he had Orders from the Provincial to give him an account of what Resolutions and Passages, and Minutes passed; and this he did, as well as he could, telling him who went Procurator to Rome (which was one Father Cary) that several of the Fathers were to be admonished for their irregular living, as they termed it; and that it was resolved that the King should be killed; that Pickering and Grove should go on to do it (for which Grove was to have 1500 l. and Pickering 30000 Masses;) upon the hearing of which Mr. Langhorn lift up his Hands and Eyes, and prayed God that it might have good Success. That then he saw in Mr. Langhorn's Chamber seven or eight Commissions (whereof there were about fifty) by Virtue of a Breve from the Pope, directed to the General of the Society, and signed 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Johannes Paulus de Oliva; those he saw, were for the Lord Arundel to be Lord Chancellor of England; the Lord Powis to be Lord High Treasurer; the Lord Bellasis to be General; the Lord Peter to be Lieutenant General; the Lord Stafford to be Paymaster (or some such office) in the Army; Mr. Coleman to be Secretary of State, and Mr. Langhorn to be Advocate of the Army.— That he saw the Answers of Le Cheese, and Anderton (who was Rector of the College at Rome) to Mr. Langhorn's Letters to them; and carried the Originals of them, to the Fathers who requested them from Mr. Langhorn; wherein Le Cheese did assure him of his Steadfastness and Constancy to assist the English Society for the carrying on the Cause; And that they should not need doubt, but the French King would stand by them.— That Mr. Langhorn was employed as Solicitor for the Jesuits, and went with Harcourt, Fenwick, Keines, and Langworth, and communicated the Secret to the Benedictine Monks, desiring them to stand by them, with a Sum of Money for the carrying on the Design; upon which, as he heard, that 6000 l. was promised, and that Mr. Langhorn was to receive it; which though he could not prove that he had, yet that he was sure he was much disgusted, that Sir George Wakeman was not contented with 10000 l. to poison the King saying, he was a covetous Man, that it was in a Public Concern, and that being it was to carry on the Cause, it was no matter if he did it for nothing; but he was a narrowspirited, and a narrow-souled Physician. That Mr. Langhorn also did know of 800000 Crowns come to France for England, from the Congregation at Rome. Then Mr. Bedloe being sworn, there was (as a Confirmation of what Dr. Oates had deposed concerning the Commissions) an Instrument produced found by Mr. Bedloe, in searching Mr. Arthur's Study (a Papist) a good while after Dr. Oates had given his Testimony publicly, signed and sealed just as the Commissions were. He then deposed, that about three Years since he was sent by Mr. Harcourt and Mr. Coleman with Letters to Le Cheese; that the Letters were writ at Coleman's House, and brought open by Mr. Coleman to Mr. Langhorn's Chamber in the Temple, where the Prisoner read and registered them, and then Coleman sealing them up, gave them to him to carry away. The effect of which was to let Le Cheese know, that they waited only now for his Answer, how far he had proceeded with the French King for sending of Money; for they only wanted Money, all other things were in readiness. That the Catholics of England were in safety; had made all Places and all Offices to be disposed of to Catholics, or such as they thought would be so; that all Garrisons were either in their own Hands, or ready to be put into them; that they had so fair an Opportunity, having a King so easy to believe what was dictated to him by their Party, that if they slipped this Opportunity, they must despair of ever introducing Popery into England; for having a King of England so easy, and the French King so powerful, they must not miss such an Opportunity.— That about a Year and an half since, Mr. Harcourt sent him with another Packet of Letters to Mr. Langhorn to Register, wherein were two Letters that he before had brought from Spain, the one from Sir William Godolphin to the Lord Bellasis; the other from the Irish College of Jesuits in Salamanca. That the Letter from the Rector did specify, That they would have the Lord Bellasis, and the rest of the Lords that were concerned, and the rest of the Party in England, to be in readiness, and to have this communicated with all expedition; for that now they had provided in Spain, under the Notion of Pilgrims for St. Jago, some Irish cashiered Soldiers, and a great many of Lay-Brothers, to be ready to take Shipping at the Groin, to land at Milford-Haven, there to meet the Lord Powis, and an Army that he was to raise in Wales to further this Design. That also, he met with Father Keins, he brought a Letter from Mr. Langhorn in his Hand, which he said was a chiding Letter, from the Secretary de propaganda Fide, Cardinal Barbarino, to Mr. Langhorn and the rest of the Conspirators, for going on no faster when they had so fair an Opportunity. Then Thomas Buss, the Duke of Monmouth's Cook, was sworn, who (being out of the way before) now deposed to the Plot in general, That he in September last being at Windsor, heard one Handkinson bid one Anthony a Portugese, and the Queen's Confessor's Man, who was then drinking in their Company, that he should have a special care of the four Irish Gentlemen he brought over with him, for that they would do their Business; whom, since he had seen Coleman's Trial, he supposed to be the four Irishmen that were to kill the King. Then this Anthony was sent for by the Court to be took up, but Handkinson was returned beyond Sea. Then the Prisoner, in his own defence, offered to the Court, that the two Witnesses against him, Oats and Bedloe, were Parties to the Crime which was laid to his Charge; and therefore he desired to know, whether they had their Pardon, or no? Which though it were sufficiently made out, yet the Court for his further satisfaction declared, That whether they had or had not, yet they were good Witnesses, or else they should not have been admitted. Whereupon the Prisoner started another Question; Whether having had their Pardons, they might not fall under the same prospect in Law with an Approver; not as being Approvers, but as under some equivalence of reason for them? From whence he would have inferred, That if the Approver be pardoned, the Appellee ought to be discharged. To which the Court replied, That an Approver was ever allowed Maintenance, and that there ought to be a proof of corrupt Contract, or Subornation, to invalidate a Testimony. Then the Prisoner desired to know, whether they had ever received, or did not expect Gratifications and Rewards for their Discoveries. To which Dr. Oates declared, That he was 6 or 700 l. out of Pocket, and knew not when he should see it again. The Prisoner urged, That Mr. Reading had told him, that Mr. Bedloe had received 500 l. But the Court informed him, that was for the discovery of the Murderers of Sir Edmondbury Godfrey. Then (these little Passes being all put by, and he having nothing to answer to the Fact) to invalidate the Witnesses, he called in the St. Omers Gang, which had all been heard, and baffled but the day before, to prove that Dr. Oates did not come over with those Persons he deposed he did, nor at that Time, but was at St. Omers in April and May, which was the only Months they could answer any Questions about; because (as one of those Witnesses very honestly confessed) the Question that he came for, did not fall upon any other Time. Others of them contradicted themselves, as to what they had spoke the day before; one calling it the 24th of April New-Stile, who yesterday called it Oldstile; another June, who yesterday said July. And the Woman of the White-horse Tavern affirming her House to be little, and that there was never a Room therein that could contain near so many as Dr. Oates had deposed had met there at the Consult; several in the Court presently contradicted her, affirming, that Fifty might dine at once in some of her Rooms. Then Mr. Langhorne would have urged something against the Witnesses which they had said at other Trials; the unreasonableness whereof the Court showed him. Then several substantial Witnesses being sworn, (whereof one was a Papist) deposed, That they saw Dr. Oats in London in April and May 1678. which quite contradicted the St. Omer's Evidence. Then Mr. Langhorn urged the St. Omer's Testimony notwithstanding, against Dr. Oates' Evidence; and affirmed, that he had never seen Mr. Bedloe before that day; and that it was improbable, that one that was in his way of Practice, should become a Clerk to register Letters; and that there was no proving a Negative; disclaiming all Principles of Disloyalty, leaving the rest to the Jury. Therefore the Ld. Ch. Justice then summed up the Evidence, and directed the Jury: And then a Letter found among Harcourt's Papers, five or six days after Dr. Oates had given in his Information to the King and Council, was produced, and read in Court, to confirm Dr. Oates' Testimony about the Consult. Then an Officer was sworn to keep the Jury, who withdrew to consider of their Verdict; and the Judges also went off from the Bench. After a short space the Jury returned, and brought the Prisoner in Guilty; upon which there was a very great Shout. Then the five Prisoners cast the day before, were all brought to the Bar, and received Sentence together, To be Drawn, Hanged, and Quartered: Mr. Recorder applying himself first to them in a very handsome Speech. Which Sentence, after a Month's Reprieve, was executed upon him at Tyburn. The Trials of Sir George Wakeman Bar. William Marshal Benedictine Monks. William Rumley Benedictine Monks. James Corker Benedictine Monks. At the Sessions-House in the Old-Baily, on Friday, July 18. 1679. THen and there these Prisoners were Indicted for High-Treason, for conspiring the Death of the King, subversion of the Government, and Protestant Religion, whereto they all pleaded, Not Guilty. Their Jury were; Ralph Hawtrey Esq Henry Hawley Esq Henry Hodges' Esq Richard Downton Esq John Bathurst Esq Robert Hampton Esq William Heydon Esq John Baldwyn Esq Richard Dobbins Esq William Avery Esq Richard White Gent. William Wait Gent. To whom the Indictment being read, Edward Ward Esq (of Counsel for the King in this Cause) opened the Indictment, and Sir Robert Sawyer opened the Charge. And then Mr. Dugdale was first called to give a general Account only of the Plot. Who therefore being sworn, deposed, That for these seven Years he had known of the Plot, and for two Years particularly; and that in order thereto, the best way was, to kill the King; and to that purpose there were several Letters sent weekly into Staffordshire, and very often directed to him in a Cover, wherein were seven or eight several Letters, as from Ireland, Harcourt, and Grove, to some Priests in Staffordshire, viz. Ewers, and Lewson, and Vavasor; and many times they writ of the Plots going on to kill the King, advising to Secrecy, and mentioning who should be their Officers for an Army to be raised afterward. That he was engaged to be one of the Assassinates, first about two Years ago, but more precisely in June or July last was 12 Month, and he should have come up for that end to London, in October, there to have received Directions from Ireland; but the Plot breaking forth he was prevented; and that the Lord Stafford promised him that he should have 500 l. as part of his Reward; and when the Work was done, he should be better gratified. Then Mr. Prance deposed, That about three Weeks before Michaelmass, he heard Fenwick, Grove, and Ireland discoursing, in Ireland's Chamber, of 50000 Men that were to be raised for the settling of Popery; and he ask what poor Tradesmen should do? Fenwick said, That he need not fear, for he should have Churchwork enough to make Crucifixes, Basins, and Candlesticks, (being a working Goldsmith); and that this Army was to be governed by the Lords, Powis, Stafford, Arundel, Bellasis, and Petre.— That he heard that one Messenger was to kill the King; but meeting him, the said Messenger told him, They were off that now, but prayed him however to keep Counsel. Then Mr. Jennison deposed, That he was in Ireland's Chamber in Russel-street, when there arose a discourse concerning the hopes of bringing in Popery; and Ireland said, There was only one in the way that stopped the Gap, and hindered the Catholic Religion from flourishing in England again; and said, It was an easy matter to poison the King; and that this was in June 1678. And on the 19th day of August he saw Ireland again at his own Chamber, (which contradicted what had before been deposed in Irelands' Trial, that he never was in London after the 3d of August till September); And this he proved by many remarkable Circumstances, and strengthened his own Evidence, by that of Mr. Bowes, and Mr. Burnet, who proved that Mr. Jennison was then in London. Then Dr. Oates was called, (whose Evidence was to effect directly the Prisoner's) and he being sworn, deposed against Sir George Wakeman, That he saw a Letter of Sir G. Vvakemen to Ashby, wherein was some Prescriptions he was to observe at the Bath; and afterwards an Information, that the Queen would assist him to poison the King.— That a short time after he saw Sir George at Ashby's, sit in a writing posture, and saw him lay by his Pen, rise up and go away, and the same hand he left behind him in a Paper where the Ink was not dry, was the same Hand that writ the Letter to Ashby.— That in that time of Converse, while Sir George was writing, Ashby gave him some Instructions concerning the Commission he had received of being Physician to the Army.— That some few days after this, by Command from the Queen, Harcourt, Keines, Langworth, Fenwick, and another, did attend the Queen in her Chamber at ; and that he waiting in an Antichamber, heard a Woman's Voice, (which afterwards he knew to be the Queen's, there being no other Woman there, and he seeing her while she spoke) which did say, That she would assist them in the Propagation of Popery, with her Estate; and that she would not endure these Violations of her Bed any longer; and that she would assist Sir G. Wakeman in poisoning the King.— That he was present when Ashby, by Order from the Provincial offered Sir George the 10000 l. in the presence of Harcourt and Ireland, to poison the King.— That he refused it, not in abhorrency of the Crime, but because, as he said, it was too, little for so great a Work.— That afterwards 5000 l. more was offered him, as he was credibly informed, by the Order of the Provincial Whitebread; But that he certainly saw the Prisoner's Hand to a Receipt in the Entry-Book at Wild-house, for 5000 l. in part of the said 15000 l. Mr. Bedloe deposed, That he was in Harcourt's Chamber, last August, where he saw Harcourt deliver to Sir George a Bill of 2000 l. (which he said came from the Queen) which was charged, as he supposed, on some Goldsmith near Temple-Bar. That as soon as Sir George had read it, he said, 'twas well, if it would be accepted; that he found more Encouragement from his good Lady and Mistress, than from any of them all.— That the Bill was accepted, and the Money paid, by the Confession of Sir George to the Witness. That the said 2000 l. was soon after made up 5000 l. and as Harcourt told this Deponent, all upon the same account, and in part of the 15000 l. Sir George pleaded to all this, That he had been left at Liberty 24 days after he had been before the Council; and that upon Dr. Oates' being sent for to the House of Lords to repeat his Evidence, he confessed there, that he did not know Sir G. Wakeman's Hand, and only knew the Letter in question to be his Letter, by being subscribed G. Wakeman; concluding from thence, that he would have told more at that Examination had he known more. To which the Doctor replied, That he had been so over-toiled with watching, and searching after Persons detected, that he was not able to make good his Charge: Which was also confirmed by the Testimony of Sir Thomas Doleman.— But Sir Philip Floyd, one of the Clerks of the Council, was more express in behalf of the Prisoner, who acknowledged indeed that Dr. Oates did make mention of Sir George's undertaking to poison the King, as he had understood by a Letter from Whitebread to Harcourt; and that he was informed by the same Letter, that Coleman had paid him 5000 l. of the 15000 l. agreed upon: But that being demanded of his own personal knowledge what he could tax Sir George withal, he solemnly denied that he had any thing more against him.— To which the Doctor gave the same answer of his extreme Weakness and Indisposition as before. Sir George also offered to prove, That there was nothing about poisoning the King, in that his Letter to Ashby, Mr. Chapman, and Hunt his Man, (the first showing a piece of the Letter, and the other affirming that he writ it from his Master's Mouth, being then indisposed) but the Court judging this to be some other, and not that Dr. Oates swore, this was rejected as no Evidence.— Finally, Sir George recommended this one Observation-more to the Court; That in Oates' Narrative, there was not one Letter which came from beyond-Sea, to which he did not swear positively as to the Date, and as to the Receipt; and yet that in the Case of Life he would not be confined to a Month. Concluding with a solemn Imprecation, and disclaiming all the Crime in this Matter that had been charged against him. Against Corker, Dr. Oates swore, That he was privy to the Promise of the 6000 l. which was to be raised among the Benedictines for carrying on the Design; and as being Precedent of the Benedictines he assented thereto.— That the said Corker gave Le Cheese, and the English Monks at Paris an account of the Jesuits Proceed in England;— And that he had a Patent to be Bishop of London, which the Witness had seen in his hand;— And that he disposed of several parcels of Money (which they called the Queen's Charity) for advancing the Design.— That also he was privy to the Grand Consult in April, and excepted against Pickering's being made choice of for killing the King, in regard that he being engaged to say High Mass, an Opportunity might be lost in the mean time. Mr. Bedloe further deposed against him, That he had been with him in the Company of others at , where he heard him discourse in general concerning the Plot; of Letters of Intelligence, and raising an Army; What Agitators the Conspirators had in the Country, and what Interest they had made. To this Corker offered, in his Defence, That not knowing his Accusations he could not come with Evidences to support his Plea— That there was nothing more easy than to accuse an innocent Person, and that the Circumstances ought to be as credible as the Witnesses: of which there was neither to be found in his Case; using many Flourishes to move the Court and the Jury, raising his Arguments from Improbability of Witnesses, to maintain his Allegations.— And the more to invalidate Oates' Testimony, he produced one Ellen Rigby, Elizabeth Sheldon, Alice Broadhead, who testified, That one Stapleton was Precedent of the Benedictines, and not himself, and that the said Stapleton had been so for many Years. Against Marshal Dr. Oates deposed, That he was present when the 6000 l. was agreed upon, and that he made the same Exceptions against Pickering that Corker had done. Mr. Bedloe swore also against him, That he had carried several Letters to Papists in the Country that were in the Design, and particularly one to Sir Francis Ratcliff.— And that he had sent Letters of his own twice to others concerning the subverting of the Government, and introducing Popery. To this Marshal, throwing himself upon the Court, whom he besought to manage his Cause for him, as having had so much Trial of their Candour and Ingenuity, he made some slight Reflections upon the King's Evidence; and desired the Court to consider how-little concerned he was at his being apprehended, which was no small sign of his Innocency; Relating the manner of it, though very falsely, as Sir William Waller then swore.— But the main of his Evidence lay upon this stress, That Dr. Oates was a stranger to him, and had mistaken him for some other Person; which also was evidently made out to the contrary; besides, that the Prisoner brought no proof of what he affirmed in that particular.— The Conclusion of his Defence was, a smooth Harangue, ad captandum populum, and in justification of the Crimes of the five Jesuits that had already suffered; which, because it was looked upon as an affront done to the Justice of the Court, the Ld. Ch. Justice replied, in a very smart and excellent Harangue (whereat the people gave a Shout) again upon him, and the Court desired him to forbear his Flowers of Rhetoric, which were all to no purpose. Against Rumley, only Dr. Oates swore, That he was privy to the Consult for the raising the 6000 l. and that he prayed for the Success of the Design.— And being but one Witness against him, he did not think it needful to trouble the Court with a Defence; And indeed it was the Opinion of the Court delivered to the Jury, that they ought to discharge him. After this the Ld. Ch. Justice summed up the Evidences; taking Notice of the weakness of the Prisoners Defences; only expressing himself dissatisfied at Dr. Oates' excuse of his own weakness and infirmity for not giving his full Charge against Sir George Wakeman at the Council Board: Since he might have charged him in the same breath, that he denied he had any thing more against him.— Saying, it was strange that the Prisoners should have so little knowledge, and so little accquaintance with Oats and Bedloe, and so great a matter as they speak should be true, etc. As soon as my Lord had done speaking, Mr. Bedloe told him he had not summed up his Evidence right. His Reply was, I know not by what Authority this Man speaks. An Officer then being sworn to keep the Jury, the Judges went off the Bench, leaving Mr. Recorder and some Justices to take the Verdict. And after about an Hours space the Jury returned, and brought them all four in, contrary to Expectation, Not Guilty. After which the Court Adjourned. The Trials of Andrew Brommich and William Atkins, Priests, at the Summer-Assizes at Stafford. As also of Charles Kern a Priest, at Hereford-Assizes, before the Lord Chief Justice Scroggs, 1679. ON Wednesday, Aug. 13. 1679. the Court sat; And the Night before the Lord Chief Justice having charged the Sheriff to return a good Jury, he now enquired of him if he had observed his Directions; The Sheriff acquainted his Lordship. That since he had impanelled the said Jury, he had heard that one Allen, (who had being returned) said in Discourse with some of his Fellows, that nothing was done against the Popish Priests above, and therefore he would do nothing against them here, nor find them Guilty: Whereupon his Lordship called for the said Allen, and one Randal Calclough, one of his fellow Jurymen, and another Witness upon Oath, who proving the words against him, his Lordship discharged him of the Jury, and committed him to Prison, till he found Sureties for his good Behaviour. And likewise three more of the Jury were discharged upon suspicion of being Popishly-affected, his Lordship commanding the Sheriff to return good Men in their Places; which was accordingly done, and the Jury sworn, viz. Thomas Higgin. John Webb. Edward Ward. Thomas Martial. John Beech. Randal Calclough. Richard Trindall. James Beckett. William Smyth. William Pinson. Daniel Buxton. Richard Cartwright. Then Andrew Brommich being set to the Bar, was Indicted for being a Priest. And to prove him so, Ann Robinson deposed, That she had received the Sacrament from him about Christmas last, according to the Church of Rome, in a Wafer; and four times more, before that time, twice at Mr. Birch's, and twice at Mr. Pursall's. Then Jeoffery Robinson deposed, That he heard him say something in an unknown Tongue, and that he was in a Surplice; but (being a Papist) was hardly induced to say so much. Brommich's Defence, was only a denial that ever he gave the Sacrament to Ann Robinson, or if he did, that it could be no Sacrament unless he was a Priest. He desired also that it might be took notice, that Robinson and his Wife, upon their Examinations before a Justice of the Peace said, they did not know him. Then the Statute of 27. Eliz. Cap. 2. was read, and the Ld. Ch. Justice summed up the Evidence, and the Jury brought him in Guilty. Then William Atkins was set to the Bar, having been Arraigned for being a Romish Priest; and his Indictment read to the same Jury. Then William Jackson, being sworn said, He could say nothing. Francis Wilden deposed, That he heard him say Prayers in an Unknown Tongue, in a Surplice, and had seen him give the Sacrament to seven or eight, according to the manner of the Church of Rome, in a Wafer, at Mrs. Stamford's House in Wolverhampton. Then John Jarvis being called, refused to be sworn, saying, He was troubled with a Vision last Night; But the Ld. Ch. Justice told him he mistook, for Old Men dream Dreams, 'twas Young Men see Visions, and that he was an old Man: Bidding him speak the Truth, and he'd warrant him he should not be troubled with Visions any more, this being a Trick of the Priests.— So he being sworn, deposed, That he had often been relieved by this Atkins,— and had heard him say somewhat in an Unknown Tongue, and had Confessed to him, and often received the Sacrament from him, he being in a Priests Habit. Henry Brown also deposed, That he was almost turned from the Protestant Religion to that of the Church of Rome, but never went further than Confession, and that was to this Man, and then he left them. Then Thomas Dudley deposed, That he likewise was given that way, and had been at Confession with one Atkins (whom he believed to be this Man) and had seen him perform several Rites of the Church of Rome at Wellhead at Ham. Then the Statute was read, and the Prisoner saying, He had neither any Witnesses to call, nor any thing to say, The Ld. Ch. Justice summed up the Evidence; and the Jury brought him also in Guilty. And the Ld. Ch. Justice sentenced them both to be Drawn, Hanged, and Quartered. ON Monday, Aug. 4. 1679. at Hereford; Charles Kerne was brought to the Bar, and being Arraigned, he pleaded Not Guilty to the Indictment, which was for being a Romish Priest: Then, the Jury being sworn (whose Name's are not inserted into this Trial, only that one William. Barret was Foreman) the Court proceeded to call the Evidence against him. And first Edward Biddolph was sworn, who deposed, that he did not know the Prisoner; that he had seen one of that name 6 Years ago at Mr. Somerset's at Bellingham, but would not say this was he. Then Margaret Edward's deposed, That she had known Kerne five or six Years.— That the first time she ever saw him was at Mr. Wigmore's of Lucton, who told her it was he. That she hath seen him several times since; twice or thrice at Woebly, and the last time was, the 29th of May was Twelvemonth at Sarnsfield, at Mrs. Monington's, where she saw him deliver the Wafer (and remembered the Words Corpus Christi) to four persons that were there, but she herself did not receive.— She gave also an account of the Reason of her then coming thither, it being at the request of one Harris of Lempster, whose Wife was sick, to seek some Remedy from Mrs. Monington for her.— Telling how the Maid brought her up to the Mistress, how she acquainted her with her Errand, what advice was given her, and how Mrs. Monington understanding she was a Papist, took her into the Chapel, whereof she gave a Description. Then Mary Jones deposed, That she knew Mr. Kerne about eight Years ago, when she lived at Mr. Somersets, and that Mr. Kerne lived in the House about half a Year.— That she hath seen several Persons come thither.— And that one Sunday Morning she saw several Persons go up with Mr. Kerne, and listening, she heard Mr. Kerne say something aloud which she did not understand, there being but a Wall between them.— That also there was a Child Christened in the House, and no one there but Mr. Somerset and his Wife, Mr. Latchet and his Wife, and Mr. Kerne to do it; but she did not see him do it, though she heard his Voice.— And that once she washed a Surplice, but knew not whose it was. Then the Prisoner, in his own Defence, called one Mr. Hyet, who said, That Margaret Edward's had denied to him, that she knew Mr. Kerne, (but not being on her Oath, when she said so, it was not regarded.) Mr. Weston's maid affirmed, That she saw Margaret Edwards and Mary Jones talking together, and Marg. Edward's instructed the other what she should say; (but being called, they both denied it upon their Oaths) Then Mrs. Monington appeared, who said, She neither knew Marg. Edward's nor James Harris; and Mrs. Monington's Maid denied that ever she saw her at her Mistress' House. Then the Statute being read, of 27 Eliz. the Prisoner urged, that Persons that are not Priest's may say Mass, except that of Bread and Wine; and Christian too in extremis. Then the Ld. Ch. Justice summed up the Evidence, concluding, Margaret Edwards to be a Positive Evidence, but leaving the other doubtful to the Consideration of the. Jury, who brought the Prisoner in Not Guilty. The Trial of Thomas Knox and John Lane, at the King's-Bench Bar, on Tuesday, Novemb. 25. 1679. before the Lord Chief Justice Scroggs, and the other Judges of that Court. THen and there the Prisoners were indicted for a Conspiracy to defame and scandalise Dr. Oates and Mr. Bedloe, thereby to discredit their Evidence about the Horrid Popish Plot. To which having pleaded Not Guilty, the Jury was sworn viz. Sir John Kirke. Thomas Harriot. Henry Johnson. Simon Middleton. Hugh Squire. Francis Dorrington. John Roberts. Rainsford Waterhouse. Thomas Earsbie. Joseph Radcliffe. James Supple. Richard Cooper. To whom the Indictment being read,— Trenchard Esq of Counsel for the King in this Cause, opened the Indictment, Sergeant Maynard pursued the Charge, and Sir Creswel Levinz, his Majesty's Attorney General opened the Evidence. Then the Attainders of those Persons executed for the Plot, and the Impeachments of the Lords in the Tower, and of the Earl of Danby mentioned in the Indictment, being allowed, Robert Radford, one of his Majesty's Yeomen of the Guard, being called and sworn, deposed, That Richard Lane, who was a Yeoman of the Guard extraordinary, and Father of this John Lane, told him, about a Year ago, that Doctor Oates did attempt many times to Bugger his Son; but knowing him to be a lying Fellow, he durst not speak of it again, for fear he would have put it upon him. Mr. Thomas Allen only deposed, that in December last, when Lane was out of Dr. Oates' Service, he desired him to interceded for him; which he did, till he was admitted again. Mr. Samuel Oates (the Doctor's Brother) deposed, That in April last, about a Fortnight before Lane went from his Brother, he heard him say, (having before wished for 1000 l.) that he questioned not but e'er long he should find a way to get 1000 l.— Then offering to speak to Osborn, as to the Thing itself, he was not suffered, as being no Evidence against the Defendants, till somewhat had been proved upon them. Therefore the King's Counsel proposed to prove, that Lane and Osborn (who, though laid in the Indictment to join, was run away) did accuse Dr. Oates, and afterwards recant it; and that Knox had an hand in all this. And to this end, Sir William Waller was called, and deposed, That Justice Warcup and he were ordered, by a Committee of Lords, (before whom a Complaint of Dr. Oates had been brought, of the horrid abuse of his two Servants, Osborn and Lane) to take their Examinations; which he did, and that Lane's Evidence upon Oath was, That he had been induced by Mr. Knox to betray his Master, and to swear several Things against him, which Knox had drawn up, and dictated to him, which Osborn writ, and he signed them. That there were four Letters, three or four Memorials, and three or four Informations, which they had carried (Knox accompanying them) to have sworn them before Mr. Cheney; who not caring to meddle with them, they applied themselves to Mr. Dewy, who refused them likewise. After this Knox took Lodgings for them, removing them to several places, lest Dr. Oates should hunt them out; bidding them stand firm to what they were to do, and they should not want for Reward, that would maintain them with Footmen, and to live well. That Knox did, at the One-Tun Tavern, drop a Guiny upon the Table, which he said he would not give, because than they might swear that he never gave them any Money: And told them, that the Lord Treasurer would never have surrendered himself to the Black Rod, unless they had promised to stand fast to what he had dictated to them: One part of which Information was, that Mr. Bedloe should say to Dr. Oates, that the Earl of Danby offered him a considerable Sum of Money to go beyond-Sea; and that Dr. Oates had a Design of abusing Lane's Body.— That Lane further confessed that Dr. Oates would be something hasty and passionate, but was very Religious, and was constant in sending his Servants to Prayers; and that he had accused him of a Falsehood by the instigation of Knox, who encouraged him to it, by the Promises of a great Reward.— That also, to prevent a Discovery, it was agreed among them, that if any one should betray it, the other two should murder him.— That he did likewise declare, that the Lords in the Tower would not be wanting to acknowledge the kindness in disparaging the King's Evidence.— And that at all the Places, and several Lodgings, and Entertainments they had been at, were all at Knox's Charge, except twice which might amount to about 18 d. and that he paid.— And upon the Examinations of Lane and Osborn, he found they agreed together to a tittle.— That he took also the Examination of Knox, who said, that the Papers he received from Lane and Osborn, who said, they had writ them out of trouble of Conscience, and desired him to go with them before some Justice to swear them; denying that he paid for their Lodgings, only that he did indeed drop a Guiny, and another time 10 s. upon the Bed, which they took up, but he only lent it them. Confessing, that the Papers so drawn up, and delivered into his Hands, were by him delivered into the Hands of the Lord Latimer, and were there for some time; this Knox belonging to the Lord Dunblane.— That Knox confessed also, that he sent a Note to Osborn that day he was examined, which was conveyed to him through the Door, to this effect; We always Clubbed, and you paid two Shillings at the Sugar-Loaf. Tear this. Which was to intimate that they should say, he did not bear their Charges. Then Justice Warcup being sworn, deposed, That he also had took Lane's Examination, wherein he had confessed as before. That also he was by, when he was brought before the Lords of the Committee for Examinations, and did hear him there first swear the things in these Notes contained; and then come afterward and beg their pardon, and God's, for what he had sworn was false, and this too was upon Oath. That he heard Knox confess about the Note to Osborn, and he took Lodgings for Lane and Osborn in White-friers, by the direction of the Lord Dunblane's Coachman. Then one Rix deposed, That he helped Osborn into Dr. Oates' Service, and a while after he and Lane came to him, and said, they were both going off from the Doctor to preferment, and should have 100 l. a Year, and 500 l. apiece, but would not tell how. Another time Osborn came to him to borrow a Cravat, for he was going to dine with one of the greatest Peers of the Realm, at the other end of the Town, (this Discourse being at ); and ask why he would leave Dr. Oates? he said, Let Dr. Oates look to himself, for he had enough against him. Then perceiving some Design, he gave in his Testimony to Justice Warcup; and upon further inquiry into it, the Lords ordered him to send out his Warrants for the taking of Knox, Lane, and Osborn, which he assigned over to him; and in a short time after they were taken. Osborn then confessed to Justice Warcup, and Lane to Sir William Waller.— Afterwards Rix drinking with Lane in the Prison, would have paid, but he would not let him, for that he had 23 s. which he said Knox had sent him in. Another day he came to him, and Lane showed him a Note (which he had put under the Door) from a Gentlewoman; That if he would stand firm to his Text, he should have 500 l. nay, he should not want 1000 l. But in case they would not, the Lord Treasurer would never have come in; and if they did not, he would lose his Head: And this Lane's Father and Mother told him afterwards, and that one Hest did come and tell them so.— That also Lane told him his Heart was lighter now he had confessed this; and that Knox set him on, drew up the Writings, and promised him those Rewards. Then Richard Slightam (a Prisoner and Under-Goaler) deposed, That Knox gave him three half Crowns at one time, and promised him a considerable Sum to carry Notes between him, and Lane, and Osborne, but he carried none; And when Osborne had confessed, he said it would signify nothing, because two were better than one. Then Mr. Dewy deposed, That at the end of April, or beginning of May, Knox came to him, with two more with him, and said, the Ld. Latimer wished him so to do, with Papers ready written, which, as said, were the Informations of one Osborne and Lane, who had overheard Dr. Oats and Mr. Bedloe conspiring against the Lord of Danby; but the Parliament then sitting, he shifted them off, and did not inspect them. Then Mr. Henry Wiggens (Mr. Bedloes Clerk) deposed, That Knox came to him, the latter end of February last, and desired him to get him a Copy of his Master's Papers, and take a Journal of his Actions and the Names of the Persons that came to him; and that the Lord Treasurer would encourage him for his pains; saying, That Oats and Bedloe were two great Rogues, and that the King knew them to be so, and believed not a Word they said; and as soon as he had heard all they could say, they should be hanged. Then Mrs. Wiggens deposed the same, as being present all the time that Knox was with her Son, who refused that her Son should consent or go then with him, as Knox motioned, to the Lady Danby for assurance of Encouragement, and any Place in her Lord's disposal. Then Mr. Palmer (a Yeoman o'th' Guard, and one that attended Mr. Bedloe, and got Wiggens into his Service) deposed, That Mr. Wiggens made a discovery to him of what Knox had said to him, for to acquaint his Master with, which he did. Then Mr. Thomas Dangerfield, deposed, That he in June was employed by the Lady Powis to look after the Prisoners, Lane and Knox, in the Gatehouse, and did furnish Lane with Money, and got him bailed out; after which he was entertained at Powis-House, and then removed, and had 10 s. a week allowed him, and was clothed.— That Knox afterward got his Liberty, by the means of one Mr. Nevil, who was furnished with Money from the Lords in the Tower for that end. From this Knox he received several Papers, which were Informations against Oats, which he sent to the Tower, and thence they were sent to Mr. Nevil to enlarge upon, and after to the Ld. Castlemain, and then to him again by Mrs. Celier, with an Order to draw up an Affidavit according to those Directions, and get Lane sworn to the same; which he did before Sir James Butler, (it being about Buggery); and then he delivered the Papers so enlarged, to Knox again: Who some time after informed the Witness, that he had got Osborne sworn also to the same Informations, and showed him the Affidavit, whereof he gave an Account to the Lady Powis; who, understanding his Poverty, ordered him Encouragement, and accordingly he has 40 s. from the Witness, which he believed came from the Tower, as also that 10 s. a Week allowed for Lane. An Indictment was hereupon to have been drawn up against Oats, by the Advice of Mr. Nevil, and this Witness, against this Term. Then the King's Counsel moved for the reading of these Information. The Justices swore them, and then the Information of Knox was read, which was a relation how Osborne and Lane brought him the Information against Oats, desiring him to assist them in getting them sworn to them.— A Second Paper was offered to be read, but there appearing Scandalous Matter to be in it, reflecting on the King, the Court thought not fit to suffer any more to be read.— And so the Counsel for the Defendants were called upon to speak. Accordingly Mr. Withens, Mr. Saunders and Mr. Scroggs, endeavoured to defend their Client Knox, by throwing the Gild upon Lane and Osborne, as if they had induced him in, and he only acted for them out of Simplicity, and great Innocency; And to this end they produced Lane's Mother and Sister, to show that Lane and Osborne applied themselves to Knox first. Mr. Holt. and Mr. William's were of Counsel for the Defendant Lane, who endeavoured (in requital) to throw the Gild upon Knox, as being t●● Inducer, making it a Battle Royal, where every one has two Enemies to oppose. But the Case being clear, the Court thought it needless to sum up the Evidences, or the Jury to go away from the Bar; so laying their Heads together, they presently declared them Guilty. At which the People gave a great Shout: and the Prisoners were taken into the Marshal's Custody. The Trials of Lionel Anderson, alias Munson. William Russel, alias Napper. Charles Paris, alias Parry. Henry Starkey. James Corker. William Marshal, and Alexander Lumsden, a Scotchman; at the Sessions-house in the Old-Baily, on Saturday Jan. 17, 1679. THese Prisoners then and there appearing, their Indictment was for High-treason as Romish Priests, upon the Statute of 27 Eliz. cap. 2. David Joseph Kemish, who was arraigned with them for the same Offence, after he had pleaded, was set aside by reason of Sickness. Corker and Marshal both pleaded that they had been already tried and acquitted for this Offence: but the Court convinced them to the contrary, it being another Fact. The Jury then sworn were, John Bradshaw, Laurence Wood, Matthew Bateman, John Vyner, Francis Mayo, Martin James, Anthony Hall, Samuel Jewel, Richard Bealing, Thomas Hall, Richard Bromfield, Samuel Lynne. To whom the Clerk of the Crown read the Charge against Lionel Anderson (all the rest being set away); and Roger Belwood, Esq opened the Indictment, Sir John Keiling pursued the Charge, and Sergeant Strode (all of Counsel for the King in this Cause) managed the Evidence. And then Mr. Dangerfield swore against him, That when he was a Prisoner in the King's-Bench for Debt, this Anderson showed him a Letter from the Lady Powis, which was to desire the Witness to scour his Kettle, which was to confess and receive the Sacrament to be true to the Cause. The next day accordingly he went into Anderson's Chamber to Confession, and received Absolution, and the Sacrament from another, to whom Anderson sent him that was saying Mass at that time. After which returning to Anderson again, he told him, that he as a Priest did give him free Toleration to go and be drunk with one Stroude, being for the good of the Cause (he being to bring over this Stroude to be a Witness for the Lords in the Tower, to invalidate Mr. Bedloes Testimony). Dr. Oats deposed, that he was a Priest, a Dominican Friar, that he had heard him say Mass, seen him consecrate the Sacrament, been at Confession with him, and seen his Letters of Orders, as a Priest, which he confessed to him he had from Rome, and that he was an English-Man, and the Son of an English Gentleman. Mr. Bedloe deposed, That he was a Priest and an Englishman, and Mr. Anderson's Son of Oxfordshire, and he was told, that he had heard him say Mass, and seen him administer the Sacrament at some the Ambassadors House. Mr. Prance deposed, That he had heard him say Mass several times at Wild-house, and had seen him there take Confessions, and give the Sacrament, having known him seven Years. To this Prisoner pleaded, that it had not been proved that he was an Englishman, though his Speech betrayed him, and confessed his Father was a Lincolnshire-Man, and that he had been countenanced by the King and his Council, and known to most of the dignifyed Clergymen, and if the Parliament had not been dissolved, he had been protected by them for his writing against the Temporal Power of Rome, and that he was therefore excommunicated by the Church of Rome, and had not said Mass in any Parish Church this ten Years: And that this Statute was only ad Terrorem, and aught to be taken most strictly in his favour. The Ld. Ch. Justice then gave a short Charge to the Jury concerning him and set him aside. And then the Jury was charged with James Corker as with the other; against whom Dr. Oats deposed, that he was Benedictine Monk, and before 1674, one of the Queen's Priests; that he had heard him several times say Mass in a Monk's Habit, at Sommerset-House and the Savoy, and himself had received the Sacrament from him at the Savoy, and had seen his Patent from Rome to be Bishop of London. Mr. Bedloe deposed, That he had seen him wear the Habit of a Benedictine Monk before the Suppression of the Convent in the Savoy, and had seen him take Confessions, and Absolve in . Mr. Prance deposed, That he heard him say Mass once at Mr. Paston's in Duke-street, about two Years ago. The Prisoner's Defence was only a flat Denial, that ever he said Mass either in , or Mr. Paston's. So the Jury was charged with William Marshal as with the other; against whom Dr. Oats also deposed, that he had heard him say Mass several times within the compass of three Years, in a Benedictine Monks Habit, and seen him Absolve, and consecrate the Host, and give the Sacrament at the Savoy. Mr. Bedloe could only depose, that he saw him once in the Savoy in his Monk's Habit, and was told he was going to take Confessions. Mr. Prance deposed, that at his last Trial he heard Martial say to Corker, Tho we are Priests, this does not reach us. Mr. Dugdale deposed, that he also then heard him confess himself a Priest: To this the Prisoner pleaded, that he made no such Confession; or if he did, it ought not to be Evidence against him. That he was almost a Stranger to the Savoy, and Oats was never seen there but once, and was not to be believed now, because the Jury did not convict him upon his Testimony when he was tried before, and that it was now a Prosecution of his former Malice again to accuse him after he had been disbelieved. For all which false Inferences having been rebuked by the Court; the Lord Chief Justice summed up the Evidence: And proceeded to William Russel, alias Napper, with whom the Jury being charged as the others, Dr. Oates deposed, that he had heard him say Mass in his Priest's Habit, and himself had received the Sacrament from him at Wild-house, and that he was a Franciscan Friar. Mr. Prance deposed, that he had heard him say Mass twenty times, and seen him give the Sacrament, and hear Confessions at Wild-house. Sir William Waller deposed, that when he took him, he found Religious Habits among his Clothes, which he owned to be his. To all which the Prisoner had little to say more than denying all. Therefore Charles Paris, alias Parry, was charged to the Jury as the rest. And against him Dr. Oates swore that he had heard him say Mass at Wild-house and Mr. Paston's, and consecrate the Host, and give the Sacrament in Priests Habit. Mr. Prance sworn, that he knew him to be a Priest, and had heard him say Mass at the Venetian Ambassadors, and at Mr. Paston's, and that he bought Oil-boxes once of him and brought him a Chalice, and would not suffer him to touch it till himself had first broke it; and that he heard him confess himself to be a Priest. The Prisoner denied all, and said that he knew not Prance, and that he was a Windsor the time that Oats swore he heard him say Mass, and produced one Lanscroon and Jacob (Painters) who testified to his being there from before Christmas 1677, to Allhallontide 1678; but the time Dr. Oates swore to was November before. He offered the Venetian Embassador's Certificate that he never said Mass in his House, which was refused (the Ambassador being gone away) and Monsieur Rivier, one of the Embassador's Servants, testified he never saw him there, but the Court rejected such Testimony. And the Ld. Ch. Justice having summed up the Evidence, went out of the Court; and Henry Starkey was next set up, with whom the Jury was charged as with the others. And against him Dr. Oates deposed, that the Prisoner was a Priest, and he heard him once say Mass at Mr. Paston's in the Habit, and saw him consecrate the Host, and receive in both kinds. Mr. Prance deposed, that he heard him confess himself to one Mr. Duncomb a Schoolmaster, that is dead, that he was a Priest, and heard him say Mass at his House, and the Lady Somerset's, and Mr. Paston's, and had heard him say that he said Mass in the King's Army. To this the Prisoner pleaded how he had appeared for the King, when he had but 500 Men; that he was an Esquires second Brother, and had spent in the King's Service above 5000 l. which he had got himself, and bled for it before he had it; and that he spent his Annuity of 140 l. a Year for the King, and had lost his Leg for him, and discovered to him a Plot against his Person, State, and Government, and that he suffered to this day for it. But as to his being a Priest he said nothing, but left it to the Proof, which the Ld. Ch. Baron summed up. And then the Jury was charged, as before, with Alexander Lumsden, against whom Dr. Oats swore that he had heard him say Mass twenty times at Wild-house, and had seen him consecrate the Host, and had received the Sacrament from him, and that he was a Dominican Friar, and Procurator General for the Kingdom of Scotland, being a Scotsman. Mr. Dugdale swore, that he heard him confess himself a Priest, that day he was taken. Mr. Prance deposed, he had heard him say Mass twenty times at Wild-house in his Habit, and seen him consecrate the Host. The Prisoner said he was a Scotsman, born at Aberdeen. The Ld. Ch. Baron summed up the Evidence, and the Jury withdrew for about a quarter of an hour, and brought in Anderson, Corker, Martial, Russel, Parry and Starkey Guilty; and Lumsden guilty of being a Priest, and born at Aberdeen in Scotland. Then the Judges went off the Bench, and the Court proceeded to Judgement; Anderson said he had gone out of England before, but that the King kept him, telling him he had need of his Service, and he had a Protection from the Council-Board. The Recorder promised him to acquaint the King with what he said, but that he must now be sentenced. Corker said little; Martial said much to little purpose, urging his Majesty's Declaration for Liberty of Conscience, and that there was no Crime in Priesthood itself. Russel only denied what had been deposed against him. Parry said that he was a Frenchman, though of English Parents. Starkey pleaded his Merits as he did before. And then Lumsden being set aside, Mr. Recorder sentenced these six to be drawn, hanged and quartered. The Trial of Sir Thomas Gascoigne, Bar At the King's-Bench-Bar at Westminster, before the Ld. Ch. Justice Scroggs, on Wednesday, Feb. 11. 1679. THere the Prisoner was arraigned upon an Indictment for High-Treason, for conspiring the Death of the King, the Subversion of the Government and the Protestant Religion, on Saturday January 24, 1679. To which he pleaded Not Guilty, desiring a Jury of his own Countrymen, which was promised him; and some Friend to assist him, because he was deaf, being above 85 Years of Age. On Wednesday Feb. 11, following, the Prisoner being brought to his Trial, the Jury sworn after several Challenges, were Sir Thomas Hodson, Richard Beaumount, Esq Stephen Wilks, Esq Jervas' Rockley, Esq Robert Leake, Esq William Batt, Esq Charles Best Esq John Cross, Esq Barton Allett, Esq William Milner, Esq John Oxley, Esq Francis Oxley, Esq To whom the Indictment being read, Mr. Dormer, Serj. Maynard, and Mr. Attorn. Gen. opened the same. And then Mr. Bolron being sworn, deposed, that he came to live with Sir T. Gascoigne, in 1674, as Steward of his Cole-works, and in 1675, he being fearful of his Estate, lest it might be liable to be forfeited to the King, he was a Witness to a collusive Conveyance thereof, and saw him colourably receive 1000 l. of Sir William Ingleby, he and one Mathias Higgringil, helping to count the Money. In 1676 he heard the Prisoner say to one Christopher Metcalf, that he was resolved to send 3000 l. to the Jesuits in London, for the carrying on of the Design; and that he would return it by 300 l. at a time, to prevent Suspicion, by the hands of Richard Physic; and about the beginning of (77) he heard the Prisoner say, that he had returned it, and that if it had been a thousand times as much, he would be glad to spend it all in so good a Cause. In (77) that there was a Consult at Barnbow-Hall in Yorkshire (which is the Prisoner's House) where was Sir Miles Stapleton, Charles Ingleby Esq Esquire Gascoigne, the Lady Tempest, Thomas Thwing, Sir Walter Vavasor, Sir Francis Hungate, Mr. Middleton, Robert Killinbeck a Jesuit, and William Rushton a Priest; their discourse was about establishing a Nunnery at Dolebank, in hopes that the Plot of killing the King would take effect; resolving they would venture their Lives and Estates to further it. And the Prisoner concluded to give 90 l. a Year for ever, for the maintenance of this Nunnery. Upon which they all agreed, that after his Death, he should be canonised a Saint. Accordingly the Prisoner did erect a Nunnery at Dolebank near Ripley, where Mrs. Lashalls was Lady Abbess, Mrs. Beckwith and Mrs. Benningfield her Assistants, Ellen Thwing, Eliz. Butcher, Mary Root & others were Nuns; here they were to reside till the King was killed, and then to remove to Heworth near York; and here they did reside near a Year and an half till the Plot was discovered, and he had seen several Leters from them to the Prisoner— That about March last Esquire Gascoigne and Mr. Middleton got Licences from a Justice of Peace to travel to London, and he heard them tell the Prisoner they designed to fly into France; and accordingly sold off their Goods; the Prisoner approving their Resolution.— That on May the 30th last, the Prisoner bid the Witness go into the Gallery, where one William Rushton his Confessor came to him, and discoursed him about his having taken the Oath of Allegiance, telling him it was a damnable Sin, he having thereby denied the Power of the Pope to absolve him from it; but that the Pope had Power to depose the King, and had done it, and that it was a meritorious act to kill the King; and if he would undertake to do it, he would assist him, and give him Absolution: quoting that Scripture, Thou shalt bind their Kings in Fetters, and their Princes in Chains; concluding that the King was deposed, and it was meritorious to kill him, and that unless he would turn Roman Catholic, the Pope would give away his Kingdoms to another.— The same day the Prisoner talked with him in his Chamber, and inquired of him what Rushton had said to him; which he told him; and then taking him by the hand, the Prisoner told him, if he would undertake a design that he and others had to kill the King, he would give him 1000 l. but refusing to be concerned in Blood, he desired him of all Love to Secrecy.— That in September 1678. he heard the Prisoner tell his Daughter, Lady Tempest, that he would send 150 l. to Dolebanke, in hopes the blow would be given shortly; which she seemed to like; and he heard a Letter read afterwards from Cornwallis that he had received it, but it was too little for the carrying on so great a Design. That he was a Protestant when he came first to the Prisoner's Service, and turned Papist about Whitsuntide, 1675. and left his Service in good Friendship, July the 1st, 1678. and turned Protestant again in June 1679. when he first made this discovery. Mr. Mowbray deposed that he came to lie with Sir Tho. Gascoigne the beginning of 1674. and used to wait upon him in his Chamber, and to be diligent in attending Mr. Rushton, his Confessor, at the Altar, who therefore permitted him to be present in his Chamber, where he heard him and other Priests discoursing in 1676 of a Design laid for setting up Popery, and how likely it was to succeed, most of the considerable Papists in England having engaged to act for it, and if it could not be done by fair means, force must be used; declaring that London and York must be fired; and that the King in Exile had promised the Jesuits beyond Sea, to establish their Religion, whenever he was restored, which they now despaired of, and therefore he was adjudged an Heretic, and was to be killed; and Rushton told the other Priests that according to Agreement, he had given the Oath of Secrecy and the Sacrament to the Prisoner, and his Son and Daughter, who had engaged to be faithful, active and secret. That about Michaelmas there was another meeting of these Priests and others; where they declared, that the King was an Heretic, and that the Pope had excommunicated him, and all other Heretics in England, Scotland and Ireland, and that force was to be made use of. And then did Rushton produce a List of about 4 or 500 Names, of them that were engaged in the Design of killing the King, and promoting the Catholic Religion; which Rushton read over, among which were the Names of the Prisoner, Tho. Gascoigne Esq the Lady Tempest, Mr. Vavasor, Sir Francis Hungast, Sir John Savile, the two Townleys', Mr. Sherborn and others; and he knew the Prisoner's Name to be writ by his own hand. They declared also, that the Pope had given Commission to put on the Design with speed; and had given a plenary Indulgence of 10000 Years, for all that should act either in Person or Estate for killing the King, and setting up Popery in England, besides a Pardon and other Gratifications. That the Priests that used thus to visit Rushton, were one Addison, Fincham, Stapleton, Killingbecks, and Thwing the elder.— That about the same time he heard the Prisoner, the Lady Tempest, Sir Miles Stapleton, Dr. Stapleton, and Rushton discoursing the same things, and unanimously conclude, that it was a meritorious Undertaking, and for the good of the Church, wherein they would venture their Lives and Estates. Then Sir Thomas Gascoyne's Almanac was produced, and several short Notes read out of it, which he owned to be writ by himself, viz. The 15th to Peter for a 100 l. to Corker.— Q. of Mr. Corker, what Bills, for how much, and to whom directed, he hath received of me since July the 21st, 1677. to June 1678. Vid. the Book, p. 45. and the great Book fol. 54. where you may find 8 for 900 l. and agree in this account Corker, the 7th of August 1678.— Take Heworth at easy rent of the Widow, and purchase the Reversion of Craddock— and in the interim Dawson.— Mr. Harcourt, next house to the Arch within Lincolns-Inn-Fields, Mr. Parrs.— April the 15th, 1676. Memorand. Acquaint Mr. Thomas Thwing with the whole Design. Concerning all which the Prisoner gave but a very shuffling account. Then two Letters from Placid, alias Cornwallis, to Sir Tho. Gascoigne, and found among his Papers by Bolron, were read. The first was dated from Dolebank, June the 9th, 1678. expressing Thanks for his charitable Favours; and speaking of a Proviso to be inserted into the formal Writing, viz. That if England be converted, than the whole 90 l. per annum is to be applied here in Yorkshire, about, or at Heworth, etc.— requesting the formal Writing might be drawn as soon as possible, and without making any material Alteration from what he had already signed, save only the Proviso above written.— The other was dated from York-Castle, May the 24th, wherein he acquaints him with his Confinement and others, and how cheerful they were, in hopes God would make all Catholics of one mind; for that he had a Letter from their Superior at London (who was the same day taken and carried to Prison) wherein he declares; alleging Authority, That the pretended Oath of Allegiance cannot be taken, as it is worded, adding, that three Breves have formerly been sent from the Pope, expressly prohibiting it; and in the third it is declared damnable to take it. And that the day before they had a Letter communicated to them, sent by Mr. Middleton (now at Paris) to his Friends here, containing the Attestation of all the Forborn Doctors against it; adding, that whosoever here in England give leave, they deceive the People, and are contrary to the whole Church. That there was also a meeting some Years ago, of all the Superiors both Secular and Regular, wherein it was unanimously declared that it could not be taken, etc. Then Mr. Phiswick deposed that he had returned great sums of Money for the Prisoner at London. To all this the Prisoner in his own defence, called several witnesses against the Credit of the King's Witnesses, who had deposed this against him. Mr. Babbington testified that there was, last Spring, some Debates and Differences about Rent and Money that was owing by Bolron to the Prisoner. That he (being the Prisoner's Attorney) laboured and interceded often an Bolron's behalf, but at length not being able to prevail that he should not be sued, Bolron swore that he would then do that which he did not intent to do. Obadiah Moor said that Bolron got him to be bound with him, telling him he needed not fear any Suits, because if Sir Thomas sued him, he would inform against him for keeping Priests. And that since he discovered, he desired him to be kind, and not to harm him, because he had often denied, and sworn it, that Sir Thomas was not concerned in this Plot. Stephen Thompson said, that he also being bound with Bolron for the Money, he urged him for Payment; who on Holy-Thursday told him, that if Sir Thomas did sue him, he would do him an ill turn. William Blackhouse said, that when he went to fetch Bolron and his Wife to testify what they knew, before a Justice of Peace; that Bolron's Wife said she knew nothing against Sir Tho. Gascoigne; but Bolron said she must go, or he would have her drawn at the Cart's Arse. — Hamsworth said, he heard Bolron threaten his Wife to tie her to the Horse's Tail, if she would not go to swear against the Prisoner, against whom she said she knew nothing. Nicholas Shippon said that on May the 30th last, Bolron was at his House from two a Clock till an hour after Sunset; which Bolron denied, saying, he was not there above half an hour, being the rest of the day at Sir Tho. Gascoynes seeing them mark Sheep. Roger Gresson said, that in August last, Bolron being newly come from London, and he enquiring how Sir. Tho. Gascoigne did (who was then in the Tower) he told him he was well, and may come off well enough, but it would, cost him a great deal of Mony.— And that the King was at Windsor, where one of the privy Council made an attempt to stab him, but the King made his escape, and how they would believe his Informations the better. James Barlow appeared to have spoken to a Combination between him and Mowbray to have wronged the Prisoner of some Money; but he being a Person concerned with the Prisoner in the Plot, was not suffered to speak. George Dixon, a Clothworker in Leeds, said he saw Mowbray and Bolron a drinking in August last, at William Batley's near the Old Church in Leeds, and overheard them, contriving to swear against the Prisoner and the Lady Tempest; but Mowbray said he knew nothing against Sir Thomas; but that if he knew any thing against the Lady Tempest, he would discover it; for he would hang her if he could. William Batley testified the same; only they contradicted one another; this Man saying they stood at the head of the Stairs, the other at the foot; one saying they could see them, the other that they could not. Mrs. Jefferson said, that in August last, she heard Mowbray say that he thought Sir Tho. Gascoigne was an honest Man, and wrongfully accused. Mathias Higgringil said that in September last Mowbray and Mr. Legat being at an Alehouse, consulting how to disgrace the Prisoner, and take away his Life; Mowbray called him aside, and told him, now he should match them (meaning Sir Tho. Gascoigne and the Lady Tempest) for that they had done what they could to disgrace him (he having been charged with taking away some Silver and Gold) but now he would requite them. Francis Johnson only said the prisoner had sustained Losses by Bolron, but knew of no Malice between them. Mr. Pebbles, Clerk of the Peace in the County of York, said he met with Bolron last Assizes at York, and after some discourse Bolron told him he had something against him; and afterwards got a Warrant of the Council against him; for keeping a Man from taking the Oath of Allegiance for Money;— but could never prove it; and that he had an inn same in the Country.— But Bolron said one confessed to the Justice, that he had given Pebbles 40 s. but would not swear for what. Hardwicke spoke only to the Unwillingness of Bolron's Wife to go to swear before a Justice of Peace. William Clow said he had a Writ against Bolron at the Suit of Higgringil (a Servant to the Prisoner) which was served upon him, May the 22d last, and he begged he might not go to Goal till Higgringil came, for he would make Sir Thomas pay his Debt for him, or he would play him such a trick as he little dreamed of. Mr. Hobart then gave some account of the Money returned by the Prisoner to London, he having drawn the Receipts for it, which was returned by Mr. Corker for the Prisoners Niece Mrs. Apleby, who was beyond Sea. Then a Woman witnessed, that Mowbray was suspected of stealing, while he lived with the Prisoner; and proffered her 5. l. to have gone away, intending (as he told her) to have clapped her in Prison, and laid it upon her. Then the Prisoner having no more Witnesses, and referring himself to the Judgement of the Court; the King's Counsel endeavoured to vindicate the Credit of their Witnesses; and first Sir John Nicholas (Clerk of the Council) deposed that the Prisoner did before the Council say that he had nothing to say to Bolron's Honesty, till of late that he had not behaved himself so well in giving Informations against him. But he did find him now, what he did always take him to be, a Fool: And that he denied at first that he knew Rushton the Priest; and afterwards the next time he came to the Council, he said he did deny it, because he was afraid of an old Law against harbouring of Priests. Mrs. Bolron also deposed that her Husband never threatened her, if she would not swear against the Prisoner. Mrs. Bolron sen. (Mr. Bolron's Grandmother) swore the same; and that she heard the Prisoner say Mr. Bolron was an honest true Servant; and he would do any thing he could for him. Mr. Phiswicke also deposed that he knew no ill by Mr. Bolron, but that he was an honest Man. After this Serj. Maynard, Mr. Sol. Gen. Mr. Justice Jones, Mr. Justice Dolben, and Mr. Justice Pemberton summed up the Evidence (the Ld. Ch. Justice having been some time before gone off the Bench, being to sit at Nisi Prius at Guildhall) And then the Jury withdrew for about half an hour, and then brought the Prisoner in Not Guilty. The Trial of Henry Care, Gent. at the Guild-hall in London, before the Ld. Ch. Justice Scroggs, on Thursday, July the 2d. 1680. THen and there the Defendant appeared; against whom ah Information in Hillary-Term, the 11th of February, had been brought in the Crown-Office, charging him to be Author of the weekly Packet of Advice from Rome, or the History of Popery; particularly for that of the 1st of August, 1679. and to which by his Attorney, he pleaded then Not Guilty. His Jury were, Nicholas Bondy, Leonard Bates, Henry Avarie, Randal Dod, Nicholas Caplin, Richard Cawtham, Arthur Young, William Yap, James Wood, Thomas Gilby, John Odensel, Emanuel Coniers. Mr. Recorder having opened the Information, Mr. Stevens, Printer, deposed that he printed the Packet, and had several from Mr. Care, and knew of none that ever was printed, but by him or his order; that he had treated with Mr. Care, as if he were the Author, which he always supposed; and that his Boy had brought several of them to be printed. The Printer's Servant deposed, That he had fetched some of these Papers from Mr. Care's own Hands; and that sometimes his Boy brought them; and that none came, as he knew of, from any Body else. Then the Paper of Aug. 1. 1679. was read by the Clerk, which was as followeth: There is lately found out, by an experienced Physician, an incomparable Medicament, called, The Wonderworking Plaster; truly Catholic in Operation, somewhat of kin to the Jesuits Ponder, but more effectual. The Virtues of it are strange and various: It makes Justice deaf, as well as blind, and takes out Spots of the deepest Treason, more cleverly than Castle-Soap does common Stains. It altars a Man's Constitution in two or three days, more than the Virtuoso's transfusion of Blood in seven Years. 'Tis a great Alexipharmiek, and helps Poisons, and those that use them. It miraculously exalts and purifies the Eyesight, and makes People behold nothing but Innocency in the blackest Malefactors. 'Tis a mighty Cordial for a declining Cause; it stifles a Plot as certainly as the Itch is destroyed by Butter and Brimstone. In a word; It makes Fools wise Men, and wise Men Fools, and both of them Knaves. The Colour of this precious Balm is bright and dazzling; and being applied privately to the Fist, in decent manner, and a competent Dose, infallibly performs all the said Cures, and many others, not fit here to be mentioned. Probatum est. Then Sir Francis Winnington (of Counsel for the Defendant) pleaded, That it was not proved that this particular Paragraph was writ by Mr. Care, but it might be a Shame put upon him by some Papists that might have an ill will to him, who had been no Friend to them, by this means to have Justice come upon him. And that however indiscreetly he might do it, yet no Malice was proved therein. Mr. Williams (another of his Counsel) pleaded, That it could not be supposed that a good Man, and a good Subject, should do an ill Action: And to prove him such, Mr. Sutton deposed, That Mr. Care had been with him at Church; and that by the Conversation be had had with him, he apprehended he might be the Author of the Packet. Mr. Ambler only testified, that Mr. Care had been at Church with him, and that the common Report was, that he was the Author of the Packet of Advice. Mr. Ayliffe also testified, that he had seen him at Church, and Divine Service, but that he never asked him whether or no he writ this. After which Mr. Recorder replied, upon the Defendant's Counsel, That it was unlikely that the Papists did write this particular Paper, because Mr. Care writ a Weekly Intelligence, and no other Intelligence came out that Week but this, etc. The Ld. Ch. Justice then directed the Jury in a long Speech, taking notice of the Noise and Shouts which had attended this Trial; and which had quite altered the Case from Mr. Care's, to a Public Concern; telling the Court, how they did the like in the Case of Harris, whom yet they had forsaken as soon as he was in Goal, for 500 l. which 5 s. apiece would have discharged him from, if they were as free of their Purses, as they were of their Noises and Acclamations: So that in Truth they are only violent against the Government, whilst they can make Shouts and Noises; but if it come once to deliver a Man from a Penal Sum, they will let him rot in Goal; this being the Complaint of Harris, and the Disparagement of all these Hummers, and brave Fellows that seem to espouse the Cause, and affront the Government. And that hereby they had now ruined and undone Care, if so be he were found Guilty, whom otherwise he should have thought a more favourable Sentence might have served.— The Jury then withdrawing for about an hour, brought the Defendant in Guilty, and the Ld. Ch. Justice, and Mr. Recorder told them, They had done like honest Men. The Trial of Elizabeth Cellier, at the King's-Bench Bar, on Friday, June the 11th, 1680. THen and there the Prisoner appearing, and the usual Formalities being passed, and the Jury sworn, (but their Names not inserted in the printed Trial) the Indictment was read; which was for High-Treason, for conspiring the Death of the King, and subversion of the Government and Protestant Religion: And to this end expending divers Sums of Money to several Persons to procure them to kill the King, and to impose the said Treasons upon the Presbyterians, etc.— For the Proof whereof, Mr. John Gadbury deposed, That he knew nothing of this Plot, nor of any Contrivance of Mrs. Cellier's to kill the King, but rather the contrary, she being concerned to bring Sir Robert Peyton over to the King's Interest; and told him, that one Smith and Phillips were willing to tell some Stories of Mr. Oats and Mr. Bedloe, and that he had heard Mr. Dangerfield talk of a Nonconformist's Plot that would take off the Popish Plot. That upon the going over of one Clay, she said she heard there were several Priests and Jesuits coming over. That she feared the Nation would be destroyed before the Popish Plotters were, because abundance of the best of the Nation went into other Nations, and spent their Money abroad, which weakened the Nation. That meeting him in Westminster-Abbey, she in discourse said, that place had been filled with Benedictine Monks, as the Temple had with Friars; and, said she, what if it should be so again? That he had been acquainted with her 10 or 12 Years; and when the King was ill at Windsor, she did move some Questions to him about the Life of the King, but he refused to tell her any thing; and then she said she would consult some other ginger; at the same time discoursing him about Dangerfield, how to get him out of Prison. Then Mr. Dangerfield came forth as a Witness against her; whom she excepted against, for that he had been Whipped, Transported, Pilloried, and Perjured; and by a Witness proved his Conviction of Felony; etc. To which he pleading the King's Pardon, was sent away to fetch it; and in the mean time Thomas Williamson deposed, That Mrs. Gellien employed him to get Dangerfield out of Prison, whosoever stayed behind. Margaret Jenkins swore, She never saw Mrs. Cellier and Dangerfield together but twice, and it was a Year ago, at the Lady Powis' House; and she never heard any Discourse about the Plot. Susan Edward's swore, That she had oft seen them together, and had heard her say, That the Popish Plot would turn to a Presbyterian Plot. Bennet Dowdal swore, That he had oft seen them together, but never heard them talk of the Plot. Then the Court expected Mr. Dangerfield's return; and in the mean time a Copy of a Record from Salisbury was read, of his standing in the Pillory for uttering false Guinies; as also a Copy of a Record of an Outlawry for Felony.— After about half an hours stay, Mr. Dangerfield returned and brought his Pardon, which was read, and the word Felony omitted; and his Pardon being thereby judged defective, his Evidence was laid aside: And so there being but one Witness, the Jury returned her Not Guilty; so she was acquitted, and Dangerfield, for want of present Bail, was committed. The Trial of Roger Earl of Castlemain, before the Ld. Ch. Justice Scroggs, at the King's-Bench Bar at Westminster, on Wednesday, June 23. 1680. ROger Palmer Esq Earl of Castlemain in the Kingdom of Ireland, having been Arraigned at the King's Bench Bar, June 16. 1680. for High-Treason, in conspiring the Death of the King, the subversion of the Government, and introducing of Popery and Arbitrary Power, etc. To which he pleaded Not Guilty. He was now brought again by the Lieutenant of the Tower to the Bar, to receive his Trial. And his Jury were; Sir John Cutler Kt. Bar. Sir Reginald Foster Bar. Henry Herriott Esq Richard Cheney Esq Thomas Johnson Esq John Robert's Esq Francis Dorrington Esq Hugh Squire Esq Charles Good Esq John Pulford Esq Edward Claxton Esq Francis Mayhew Gent. To whom the Indictment being read, Mr. Bonithon, of Counsel for the King in this Cause, and Mr. Attorney General, opened the same. Then Dr. Oates was sworn, who deposed, That when he returned out of Spain, in Novemb. 1677. he brought a Letter thence from the Fathers to the Prisoner, wherein was expressed, That the Fathers in Spain were very zealous to concur with the Fathers here in England in the Design; the Letter being shown him before it was sealed. Which Letter he delivered to Strange, the then Provincial, to give to the Prisoner. And that in December following the saw a Letter at St. Omers from the Prisoner to the Fathers, wherein he gave them an account of his Letter from Spain, and was glad the Fathers there had so good an Opinion of his Integrity in the Cause.— That in March he saw another Letter of the Prisoners to the Fathers at St. Omers, importing his dislike that the Secular Clergy should be trusted with the Design.— That in April he came over into England to the Consult; soon after which he saw the Prisoner come, and inquire about the Copies of some Letters to be sent up into Germany, and did desire that an Agreement between them (the Jesuits) and the Monks might be made up, that so they might have the Assistance of that Order to carry on the Design.— That afterwards he heard the Prisoner, and Mr. Langworth, and Mr. Fenwick, talking in Fenwick's Chamber about the Transactions of the Consult, and how unanimous the Fathers were in signing of it; and the Prisoner then said, That now he should be revenged for the Injuries done to him.— That he saw in Strange's Hand an Account of a Divorce that was between the Prisoner, and Barbara Duchess of Cleveland: And that he heard the Prisoner say, he had been at great Expense about a Divorce; and a Priest's Chamber being searched, there was a Paper found wherein the whole Case was stated. Then the Prisoner, and the Ld. Ch. Justice cross-examined Dr. Oates a long time to have catched him, but were not able. Then Mr. Dangerfield was called; but the Prisoner opposed his being sworn, because he had been Outlawed for Felony, and burnt in the Hand for Felony; and the Records were produced. But Mr. Attorney General shown, his Pardon, by which he was restored. But this the Prisoner desired his Counsel might speak to, Whether a Man branded, and burnt in the Hand for Felony, and afterwards pardoned, can be a good Witness? Which being granted him, he named Mr. Jones, Mr. Saunders, and Mr. Darnel for his Counsel. But Mr. Saunders was not in Court, and Mr. Jones said he was not prepared to speak. But Mr. Darnal gave his Opinion in the Negative alleging for it, 11. Henry 4.41. and 9 Jac. and the Lord Cook, p. 154. To which the Attorn. General, and Mr. Justice Jones asserted the constant Custom and Practice of the Court; the same did Mr. Sol. General, and Mr. Recorder.— Then Mr. Justice Raymond went down to the Court of Common-Pleas to know their Opinion; who brought word, that it was the Opinion of their Brethren, That a Man convicted of Felony, and not burnt in the Hand, a Pardon could not set him Upright; but being convicted, and burnt in the Hand, they suppose he is a Witness. Then Mr. Dangerfield was sworn, who deposed, That about 12 Months ago, the Lady Powis sent him with a Letter to the Prisoner; who writ back an Answer, which the Lady Powis read to him and Mrs. Cellier, the Contents of which were; This Person I like well, and though he be no Scholar, he will serve to instruct the Youths as he shall be directed. By the Youths, he said, was meant the St. Omers Witnesses, whom the Prisoner was employed to instruct what to say before the Trial.— That his Lordship employed him to get Lane out of the Gatehouse.— That his Lordship was concerned also in those Letters which related to the promoting of the Sham-Plot, and were to be conveyed into the Houses of several Persons of Quality; and sent 40 s. for his part to pay for copying them.— That the next day after he had been treated with in the Tower to kill the King, which he refused; he waiting upon the Prisoner, his Lordship asked him why he would refuse to kill the King? it being that for which he was took out of Prison, and was violently angry with him; upon which he left him. After this the Prisoner began his Defence; and against Oats produced a Record (which was read in Court) of his prosecuting a Man of Buggery at Hastings, whom the Jury Acquitted; After which, coming to London he was converted to be a Papist, by one Hutchinson, whom since Oates hath converted to be a Protestant; which Mr. Hutchinson then appearing testified; but talking extravagantly, the Court was informed he was a distracted Man. Then one Armstrong appeared to testify that Mr. Oates was only a Common Scholar at Vallidolid; and one Mr. Palmer, that he was but the same at St. Omers. Then Hilsley affirmed, That he left Oats at St. Omers in April, and did not come over with him; and to corroborate his Testimony, one Osborn affirmed, that Mr. Hilsley told him so about the latter end of April. Then one Mr. Gregson, at whose House Dr. Oats jodged, appeared only to testify to the Poverty of Oats, and that he had nothing but what the Jesuits allowed him. Then Mr. Littcot testified, that he knew nothing of the Divorce; but the Court refused to hear such Evidence, as not being to the Purpose. Then the Records were produced against Dangerfield, of his being burnt in the Hand, Outlawed for Felony, and twice Pilloryed for putting away false Guineas, and a gilt Shilling. Then Mrs. Cellier testified, that Dangerfield told her of the Prisoner's Anger this time 12 month (which Dangerfield said was in August last) and that she would have sent him with a Letter, but he refused to go near his Lordship. And Bennet Dowdal said, That Dangerfield told him in June of the Prisoner's Anger, and that it was because he went to the Tower, and his Lordships Name unknown to him. The Lady Powis affirmed also, That she never sent a Letter by Dangerfield, nor never read one to him in her Life; and Mrs. Cellier affirmed the same. Sir Richard Barker then deposed of his seeing Oats in June, and that his Servants told him, they saw him in May, (78) Then one Turner deposed, That he saw Dangerfield with the Prisoner, as he believes, in July— And one Woodman deposed that carried a Letter from Mrs. Cellier to the Prisoner, and brought back 30 s. or 3 l. but for whom he knows not. Then the Prisoner would have cleared his Reputation, about instructing the Youths, but the Court judged it needless. Therefore Mr. Attorney General summed briefly up the Evidence, and the Ld. Ch. Justice did the same; both taking Notice of the Exceptions made against Dangerfield's Evidence; leaving it to the Jury, whether he ought to be believed or no; and if not, that then there would be but one Credible witness. After which the Jury withdrawing for a while, brought in their Verdict, Not Guilty. The Trial of John Giles Gent. at the Sessions-House in the Old-Baily, on Wednesday, July 14. 1680. THE Prisoner then and there appeared, having been before Arraigned, and pleaded not Guilty to an Indictment, for a Barbarous and Inhuman, Attempt, to Assassinate and Murder John Arnold Esq one of his Majesty's Justices of Peace for the County of Monmouth and now a Member of the Honourable House of Commons. The Jury sworn, were Christopher Plucknet. William Dodd. Anthony Nurse. John Burton, Nathan Goodwin. George Wood James Partridge. Laurance Wood John Bradshaw. William Withers. Edward Proby. Richard Bromfield. To whom the Indictment being read, Mr. Gibbs, Mr. Holt, and Mr. Thompson, being of Counsel in this Cause for the King, opened the same. After which Mr. Arnold himself was sworn, and deposed, That upon April 15. (being Thursday in Easter-Week) last, he was with some Company at the Devil-Tavern, till 10 or past, and recollecting he had Business with Mr. Phillip's, a Counsellor at Law, in Bell-yard that Night, he left his Company, and his own Servants being out of the way, he went to the Room where several of his Neighbour's Servants were, and called to some of them to go with him; but it happened he went away without them; And as he went cross Fleetstreet, he saw two Men in Campaign-Cloaks follow him, whom he thought to be Servants belonging to some of his Company, who had followed him on his calling. But as he went into Bell-yard, one of them got before him, and turned, and looked earnestly in his Face, whom passing by, when a Woman stood in a Door about the middle of Bell-yard with a Candle in her hand, he saw to be this Prisoner at the Bar; to whom when his Companion came up, he heard them laugh aloud. He took no Notice, but went on; and at the Kennel, at the end of Jackanapes-Lane, he looking down to find the Kennel, a Cloak was thrown over his Head, and then he found very rough Hands about his Shoulders, and they can him into Jackanapes-Lane just cross the Lane, against the opposite Wall, and run his Head so hard, that he thinks they broke it, and then struck him, and at the second blow he fell, running him through his side into the Belly; Then recovering, he made what Defence he could; but with a broad Sword he was run through his Arms, and with a small Weapon he was run through in another place of his Arm. He had several other Wounds; and one of them setting his Foot hard upon his Breast, and keeping him down, he believes was run into the Leg, by one of his Companions; for he heard him say, Damn thou hast spoiled my Leg. They laughed all the while, and were exceeding merry. He had then on a pair of Bodice of Whale-Bone, notwithstanding which he had four or five Wounds in his Body through them, for they were not proof; but they imagined they were, finding their Swords double sometimes; and one of them said, Damn he has Armour on, Cut his Throat. Immediately one kneeled down, and gave him several Cuts in the lower part of his Face; he did what he could to defend himself, but they gave him some indellible Marks. By a Candle in a Window, in Sir Timothy Baldwin's House as he supposed, and some Women in his Yard, giving them the first disturbance, and a Boy coming by with a Link the same time, he both saw the Face of Giles, and remembered it was he whom he had seen in the Lane just before. They then pulled the Cloak from off him, and he seeing the Light, and being eased of the Weight, he strained all his strength, and cried out; and then Company came in, and carried him into the Sugar-Loaf, and from thence to his Lodging, where his Friends came to him, and a Chirurgeon was sent for. And that as the Assassinates went away from him, they clapped their Swords close to their Bodies, and went away laughing aloud; one of them saying these Words: Now you Dog pray for, [or pray again for] the Soul of Captain Evans (who was a Jesuit, taken by him in Monmouth, and Executed at Cardiff for being a Priest; Who when the Under Sheriff came to give him notice, that he had a Warrant for his speedy Execution, the said Evans being in a Game at Tennis, said, God Damn I will play out my set first.)— To all which Giles only said that Mr. Arnold knew him very well, and that his Wife was a near Relation of his. Then Mr. Stephen Phillips deposed, That the next day in the Evening, about 8 or 9 a Clock, he was drinking with Giles at the Crown-Tavern in New-street in Covent-Garden, and discoursing about Mr. Arnold's Misfortune among the rest, Mr. Giles talking of it, said, God damn him, or God Rot him, he had Armour on, they say. Then Mr. Walter Watkins deposed, That on May 5. he being at the stating some Accounts between Mr. Giles and Mr. Richmond, at uske in Monmouth-shire: He asked Giles for some Horsehair to make a Fishing-Line, Giles replied, That he had left very good Hair for him at a Farriers in Gloucester, but he and Mr. Herbert Jones made such haste through Gloucester that they did not call for the Horsehair; and ask the occasion of his Haste, he answered, it was for fear they should be stopped in their Journey, as suspected to be concerned in Mr. Arnold's Business. Mr. George Richmond then (with whom Giles stated the Accounts) deposed the very same; adding, That he could not say whether Giles, called him Esq Arnold, or Mr. Arnold, or what; he seldom used to give him so good words. Then Mr. Walter Powel swore, That he being at one Peter Darcy's House, a Sword-Cutlers in uske; Giles came to him to have his Sword mended; and Darcy said to him, Where have you been, you have been hot at it: What have you been fight with the Devil? No, said Giles, with Damned Arnold. Upon this, Darcy said he must not speak such words; and Giles' Wife plucked him by the Coat, and bid him hold his Tongue. This was on May 5. and there were by, the Prisoner at the Bar, and his Wife, and Darcy and his Apprentice. Then Mr. William Richmond deposed, That Giles asked him in the Afternoon before Mr. Arnold was hurt, Where he might buy a good Rapier? And that he had then a good Backsword in the House. That he endeavoured to have prevented the Execution of Father Lewis; and when he was executed, was very active a dipping in his Blood. That the day of the Assault, he and Giles went into Long-lane together, to inquire after their Friends, and afterwards to the Artillery to see the Exercise, then to Long-lane again, from thence to Whetstones-Park, and afterwards to Drury-lane: and about 9 at Night they came to their Inn, being the Kings-Arms in St. Martins-lane, and he left Giles taking a Pipe of Tobacco in the Kitchen, and went up into his Chamber, with some other Company, and drunk till nigh One; and about 12 seeing the Maid making up another Bed, he stepped to her, and asked her who it was for? she said, for a Man that was not willing to lie with any Body; After this, about one a Clock, as he was going to Bed, he heard Giles come up stairs, and bid him Good-night, just as he was pulling off his Breeches. Then one Mr. Bridges deposed, That about a Year ago, he heard Giles say, That the Papists were the best Religion, and that those that were not of that Religion, were Damned; and that he that says there is a Plot, is a Rogue, and a Thief. One Walter Moor also swore, that he had heard him say, That if the Lords in the Tower were Executed, there would be a greater War than ever was in England; and it would cost more Blood than ever was spilt, which he swore, saying, The Lords deserved not Death, for that there was no Plot at all. Mr. Reynold deposed that on May 2 at Langoone in Monmouth-shire, he heard Giles say, That he could not think but that Mr. Arnold wounded himself; says his wife, How could he wound himself in his Arms? said he, It was himself, or some of his Friends. Then Mr. Hobbs the Chirurgeon deposed, That he found Mr. Arnold bleeding, with two Wounds through his Arm, one Wound and several Bruises in his Head, two Cuts on his Face, another upon his Throat, which bled very much; two upon his Breast, and one in the Belly six Inches and an half deep.— Which he believed he could not give himself. [Fifteen or sixteen Witnesses more for the King, that were attending in the Court, were not examined, the Court being in some haste, and the King's Counsel not pressing it, there being so full Evidence.] Then Mr. Darnall, being of Counsel for the Prisoner, began a Defence, and called Mr. Philpot, who said, He was at the Crown-Tavern with Mr. Giles when Mr. Phillips was; and he heard no such Saying; but that Giles said, if any thing should be upon Mr. Arnold, it was a very strange thing;— and was sorry for it. Mr. Herbert Jones, Mayor of Monmouth, then deposed, That he went with Giles from London, and came with him to Gloucester, and inn'd at the Old-Bear; and after Dinner went to the New-Bear and drank Cider, and stayed several hours in Town; and being the quarterly Sessions, several came to them to ask News; and they told of Mr. Arnold's Hurt, and were as sorry for it as any Persons could be, and confessed it a very ill thing.— That he supposed Mr. Arnold must needs be acquainted with Giles, he having been head-Constable, and always a Protestant. Then John Jones the Cutler's Apprentice swore, That his Master ask the Prisoner, Mr. Giles, Have you been in some Battle? Have you been fight with the Devil? No, said he, for I never met with Arnold. And that he did not hear his Wife bid him hold his Tongue. Then John Howel, Mr. William Richmond's Man, deposed, That he came to Town with Giles that Day about 12; and that he heard him call to his Master about 11 or 12 a Clock that Night. Then Ann Beron being sworn, she deposed, That Giles was in her Company most part of that Day, and that she was at Dinner with him, and till 9 a Clock at Night, when she left him in the Kitchen, and went to Bed. Elizabeth Crook, the Maid of the Inn, she swore she made his Bed about 10, and before 11 asked him, if she should take away his Candle? He bid her lock the Door, and he would put out his Candle; but she went away, and did not, and left the Candle: She denied that Mr. Richmond came to her, or that she saw him, till he refreshed her Memory, by remembering her how he courted her, to make himself merry; which than she acknowledged, much to the credit of Mr. Richmond's Testimony, and disparagement of her own. Then one Edward James did swear, That he drank with Giles at the King's-Arms in St. Martin's-Lane, from 9 to 12 at Night, and then left him in the Kitchen, the same Night the Maid had sworn otherwise just before him. Then Robin Gibbon, John Chadwick, Eliz.— Peter Powel, and Roger How, all swore they saw him about 9; but that was not material. To these Witnesses the King's Counsel thought it needless to answer, they being all either frivolous, or contradictory. Therefore Sir George Jefferies the Recorder summed up the Evidence, and directed the Jury, who withdrew, and after about half an hours debate, brought the Prisoner in Guilty. Which done, the Court adjourned till the Saturday following, when the Recorder passed the Sentence of the Court upon him, which was, To stand from 12 to one in the Pillory, one day at the place where the Fact was committed, another day over against Greys-Inn in Holborn, and another at the Maypole in the Strand, with a Paper on his Hat signifying his Offence, and then to pay to the King 500 l. and be committed in Execution till paid, and then to find Sureties for his Goodbehaviour during Life. The Trial of Elizabeth Cellier, at the Old-Baily on Saturday Sept. 11, 1680. THen and there the Defendant appeared upon an Information for Writing, Printing, and Publishing a scandalous Libel, called Malice defeated, etc. to which she had pleaded Not Guilty. The Jury were, John Ainger, Richard Boys, John Stephens, Thomas Phelps, Gilbert Vrwin, Edward alanson, Richard Living, John Clogs, Henry Hodgsden, John Barnard, Edward Low, and James Southern. To whom the Information being read, Robert Dormer, Esq opened the same, and then Mr. John Penny deposed, that he bought that Book (the Libel being shown him) of Mrs. Cellier, who owned it for hers, and said she could, if there were occasion, put a great deal more in. Mr. William Downing deposed, that he printed part of that Book by her direction, to fol. 22. and then the Messenger found it, and some body else printed the rest. Mr. Robert Stephens deposed, that he saw the Book a printing at Mr. downing's, and heard Mrs. Cellier own it for hers, and say that she kept a Man in the House to write it, and she dictated to him; and that he saw her sell several of them. Then Mr. Mathias Fowler deposed, that he bought two of them Books of Mrs. Cellier for 4 s. hearing that his Name was mentioned therein, though very falsely, as he had made Oath before the Lord Mayor; all that he knew being only this, That on the Tuesday seven-night after the Murder of Sir Edmondbury Godfrey, one Coral a Coachman waiting to carry some Gentlemen that were in his House, begged a Pipe of Tobacco of his Wife in the Bar; Ay, said she, thou look'st like an honest Fellow, and I believe thou hast no hand in the Plot (a casual word that was passant at that time); thereupon he began to tell her how he had escaped that danger, for that four met him against St. Clemens Church-wall, and swore he should stand and do as they would have him, when he saw Sir Edm. Godfrey's Body in a Sedan, whom he shamed upon, and told them he could not carry him, for that the Axletree of his Coach was broke. That this he overheard and came out, which the Fellow repeated over again to him; but then perceiving he had been too lavish in his Discourse, he run out in haste, pretending to see whether the Seats of his Coach were not stolen out, whom he followed and found him driving away, though he had left his Whip behind: He took the number of his Coach, which the next day giving to Captain Richardson, he secured the Man, and he was brought with him to Wallingford-house and examined by the Duke of Buckingham, the Earl of Shaftsbury, the Marquis of Winchester, two other Lords, and Major Wildman, where he confessed the whole matter, that he said so at his House, but would have shamed it off himself, that he only heard it from others; and being nothing could be got out of him, he was reordered to Newgate where he continued several Months, but that he never was with him there, as the Libel charged him. Whereupon the Libel was then produced, and the several Clauses recited in the Indictment were read, which were to this purpose. It was entitled, Malice defeated, or a brief Relation of the Accusation and Deliverance of Elizabeth Cellier, wherein her Proceed both before and during her Confinement, are particularly related, and the Mystery of the Meal-Tub fully discovered; together with an Abstract of her Arraignment and Trial. Written by herself for the Satisfaction of all Lovers of undisguised Truth. In the Book she gives an Account how she turned from Protestanism to Popery upon the occasion of King Charles I. Murder, ascribing the Preservation of King Charles II. at Worcester wholly to the Papists; and from her Observation of the chiefest Sticklers for the Plot, being those, or the Sons of those that acted the principal Parts in the last Tragedy, she doubted of its Truth, and therefore thought it her Duty through all sorts of hazards, to relieve the poor imprisoned Catholics, which she had done some Months, before ever she saw the Countess of Powis, etc. That on Thursday Jan. 9, 1678, she being in Newgate, with five Women, of which three were Protestants; about four in the Afternoon they all heard terrible Groans and Squeeks which came out of the Dungeon, called the condemned Hole. She asked Harris the Turn-key what doleful Cry it was, who said it was a Woman in Labour; she desired they might go to her and help her, but he drove them away rudely; but listening they soon found it was the Voice of a strong Man in Torture, and heard as they thought between his Groans the winding up of some Engine. These Cries stopped the Passengers under the Gate, and they six went to a Turner's Shop without the Gate, and stood there amazed, when one of the Officers of the Prison came out in great haste, seeming to run from the Noise, whom catching hold of, they asked him what the Noise meant? and whether it was not Prance upon the Rack? he said he durst not tell them, but was not able to hear any longer, running away towards Holborn as fast as he could. They heard these Groans perfectly to the end of the Old-Baily, and they continued till near seven, and then a Person in the Habit of a Minister, of middle Stature, Grey-haired, accompanied with two other Men, went into the Lodge: The Prisoners were locked up, and the outward Door of the Lodge also, at which she set a Person to stand, and observe what she could, and a Prisoner loaded with Irons was brought into the Lodge and examined a long time; and the Prisoners that came down as low as they could, heard the Person examined with great Vehemency, say often, I know nothing of it, I am innocent, he forced me to be-lie myself: What would you have me say? Will you murder me because I will not be-lie myself and others? The Prisoners heard again the same Cry about four of the Clock the next Morning, and on Saturday-Morning again, and that Morning a Person emplyed to spy, seeing the Turn-key carry a Bed into the Dungeon, asked who it was for? he told her it was for Prance; who was gone mad, and had torn his Bed in pieces. That Night the Examiner's came again, and after an hours Conference, Prance was led away to the Press-yard. Soon after this Francis Coral, a Coachman, that had been put into Newgate upon suspicion of carrying away Sir Edmondbury Godfrey's Body, and lay there thirteen weeks and three days in great Misery, got out, whom she went to see, and found him a sad Spectacle, having the Flesh worn away, and great holes in both his Legs by the weight of his Irons, and having been chained so long double, that he could not stand upright, who told her of his hard usage, how he had been squeezed and hasped into a thing like a Trough in a Dungeon under ground, insomuch that he swooned; and that a Person in the Habit of a Minister stood by all the while. That a Duke beat him, pulled him by the Hair, and set his drawn Sword to his Breast three times, and swore he would run him through; and another great Lord laid down an heap of Gold, and told him it was 500 l. and that he should have it all, and be taken into the aforesaid Duke's House, if he would confess what they would have him, and one F. a Vintner at the Half-Moon in Cheapside, by whose contrivance he was accused, took him aside, and bid him name some Person, and say, they employed him to take up the dead Body in Somerset-yard, and gave him Money for so doing, that if he would do this, both F. and he should have Money enough: And he also told her, that he was kept from Thursday till Sunday without Victuals or Drink, having his Hands every Night chained behind him, and being all his time locked to a Staple driven into the Floor with a Chain not above a Yard long; that he was forced to drink his own Water, and the Jailor beat his Wife because she brought Victuals, and prayed he might have it. In another place of the Libel were these words read, My Arraignment (which in confidence of my own Innocency I continually pressed for) not but that I knew the danger, as to this Life, of encountering the Devil in the worst of his Instruments, which are Perjurors, encouraged to that degree as that profligated Wretch Thomas Dangerfield was, and has been since his being exposed to the World in his true Colours, both at mine, and another's Trial. And in another place of the Libel. Nor have I since received any thing towards my Losses, or the least Civility from any of them, whilst Dangerfield, when made a Prisoner for apparent Recorded Rogueries, was visited by, and from Persons of considerable Quality, with great Sums of Gold and Silver, to encourage him in the new Villainies he had undertaken, not against me alone, but Persons in whose Safety all good Men, as well Protestants as others, in the three Kingdoms are concerned. And in the Postscript are these words, And whensoever his Majesty pleases to make it as safe and honourable, as it is apparent it hath been gainful and meritorious to do the contrary, there will not want Witnesses to testify the Truth of more than I have written, and Persons that are above being made the Hangman's Hounds for weekly Pensions, or any other Considerations whatsoever, etc.— After thus much was read, Mr. Baron Weston made some smart Reflections thereon, and then Mr. Prance deposed, that he was used very civility in Prison, and never saw any thing of Torture while he was in Newgate, and that Dr. Lloyd was with him many times, and if any such thing had been, he would have seen it. Then Francis Coral was called, but appeared not, and Captain Richardson informed the Court that they had got him away, but that his Wife was there, who being sworn, deposed that she was not suffered to see her Husband in Prison, and that she heard that he was like to be starved, and saw him with Irons on at length, and afterwards holes in his Legs, but denied that ever she was beat for bringing Victuals to him, and the Lord Mayor, Sir Robert Clayton declared that her Husband had denied all upon Oath before him. Then Mrs. Cellier called two or three Witnesses to prove that she sent about for her Witnesses in order to make her Defence, but that they could not be had in so short time, and therefore desired more time, and desired the Court to consider she was but a Woman, and that she had suffered much for his Majesty, and begged therefore Mercy in Justice. Then Mr. Baron Weston summed up the Evidence, and the Jury returned her Guilty (at which there was a great shout) and so the Keeper carried her back to Newgate, from whence on Monday Sept. 13. she was brought to the Bar, and Mr. Recorder gave the Judgement of the Court; which was that a 1000 l. Fine should be put upon her, and she be committed in Execution till it be paid. And that she should stand in the Pillory three several days in three several places, between the hours of twelve and one. The first place at the Maypole in the Strand, the second in Covent-Garden, and the third at Charing-cross; and in every place some Parcels of her Books to be burnt by the Common Hangman before her Face; and a Paper of the cause to be upon the Pillory; and she to find Sureties for her good Behaviour during Life. The Trials of Thomas Thwing, and Mary Pressicks, at the Assizes at York, on Thursday July the 29th, 1680. THen and there the Prisoners appeared, having been arraigned, and pleaded Not Guilty to an Indictment of High-Treason, for conspiring the Death of the King, and Subversion of the Government. The Jury (after 25 challenged by Thwing) sworn were, Sir George Cook, Bar. Thomas Worsley, Esq William Caley, Esq Roger Lee, Gent. John Dixon, Gent. George Wray, Gent. Henry Pinckney, Gent. John Blackston, Gent. William Hardcastle, Gent. Nicholas Stone, Gent. George Westerby, Gent. Charles Tucker, Gent. To these the Indictment was read, and afterwards opened, and the Treasons therein aggravated by the King's Counsel. Then Mr. Robert Bolron, being sworn, deposed, that in 1674. he came to live with Sir Thomas Gascoigne, and was Steward of his Coalpits; and in 1675. he turned Papist; and about January 1676. Mr. Thwing, Father Rushton and several others came to his House at Shippon, and did there examine him how he stood affected to the Roman Catholic Religion, and whether he was resolved to venture his Life and Estate in it, if there were any occasion? to which he agreed, and resoved to obey his Ghostly Father in all things; and Father Rushton (his Confessor) gave him the Oath of Secrecy.— That in 1677. there was a Consult at Barnborow-Hall, Sir Thomas Gascoyne's House, in the old Dining-Room, Sir Miles Stapleton, Sir Thomas Gascoigne, the Lady Tempest, Thwing, Rushton and others, being present; wherein it was agreed, that the King should be killed; and Thwing said, that if they missed this opportunity of doing it, they should never have the like again; and the effecting of it would be very beneficial to the Church of Rome. And in hopes this would succeed, they agreed, they would erect a Nunnery at Dolebank, but their real Intention was to have it at Heworth (within a Mile of York) after the King was killed; and to avoid Suspicion, the Lady Tempest promised them Broughton for the present, and Thwing was to be Confessor of the Nunnery for the present.— That he paid 10 l. to Rushton in Thwing's presence towards killing the King, and saw a List in Rushton and Thwing's Hands of Money raised for that purpose. He paid 5 l. also to have his Soul prayed for. And Thwing told him afterwards, that in Yorkshire, Lancashire and Derbyshire, 30000 l. was raised for the kill of the King, and that the List was sent beyond Sea. Against Mrs. Pressicks he deposed, That in 1678. she told him, that she being in London did hear a Woman cry after her, Stop the Papist, stop the Plotter, but she got away, and afterwards durst not appear publicly. That discoursing with her about the Plot, she said, Father Harcourt was her Confessor, and first engaged her in it; and that Pickering told her, he was to have killed the King; saying, she was sorry he did not; and that Oats and Bedloe were two Rogues, & had it not been for them, the Plot had not been discovered. Telling him the Gun which was to have shot the King, was found with Pickering, which she believed was the cause of his Death. And that she said the King was an Ass, and not fit to govern; that what Money the Parliament gave him, he spent on Whores and Concubines. Then Mr. Laurence Mowbray deposed, That about Michaelmas 1676. there was an Assembly of divers Priests in Rushton's Chamber at Barnborow-hall, whereat he was admitted, (he being one that waited upon Rushton at the Altar, and having took the Oath of Secrecy from him) and Thwing was there; he and Rushton managed the Conference, wherein they declared the King was an Heretic, and excommunicated by the Pope, and that he should be killed, because he had broke his Promise made to the Jesuits, when he was beyond Sea; and that it was not only lawful, but meritorious to kill him. That there was a List of those engaged in the design.— That he did not accuse Mr. Thwing till his 2d. Examination before Justice Warcup; and that he knew nothing against Mrs. Pressicks. Then Mrs. Bolron deposed the same against Mrs. Pressicks, of what she had said at Mr. Bolron's House as before; adding, that she said there would never be quiet in England, till the Papists had got the upper hand, and not left a Protestant; and she hoped an Army of Catholics would be raised to set up Popery. Mrs. Bolron jun. deposed the same, being then also present. One John Hutchinson was present too, and deposed the same; adding that she said likewise, that we should never be quiet till the D. of York was made King. Then Thwing urged in his defence, that all this was only out of Malice to Sir Thomas Gascoyne's Family, to which he was related, and called Witnesses. Nathaniel Wilson said, that about last Michaelmas Mr. Bolron asked him if he could tell any thing of Father Rushton? and he told him no; then he bid him keep his Secrets, and he would give him more than he could earn in seven Years, but that unless he could shed the Blood of some of them, he should get nothing▪ Then Mr. Lowther, the Justice who took Mr. Bolron's Examination the 24th or 25th of June, 1679. testified, that he did not then mention Thwing. Obediah Moor said, that about last Candlemas was 12 Months, Mr. Bolron told him, that Sir Tho. Gascoigne, nor none of his Family were concerned in the Plot, and that he believed there was not Plot.— But in August after, he told him he had but equivocated with him in what he said before, and that there was a real Plot, and if he had sworn a thousand Lies he could have been forgiven them. Stephen Tompson testified that Bolron was arrested by Sir Tho. Gascoigne for Debt, to whom he was bound with him. When the Plot came out, he asked Bolron if Sir Thomas was concerned? he said no, he was as innocent as the Child unborn; but afterwards he said, if Sir Thomas did sue him, he would do him a greater Mischief; and that while he entreated Sir Thomas' Forbearance for three Weeks, Bolron came up to London, and swore Treason against him; and as to Mrs. Pressicks, Bolron's Grandmother told him, she could say nothing against her, but Bolron said she must say so and so. Then Zachary Thorpe testified that he meeting Bolron in Long-Acre, before the last Assizes, he told him Sir Tho. Gascoigne was cleared, but swore the Jury were Rogues.— And that he was now going down to the Assizes at York against the Lady Tempest, and swore he would ruin them; if one thing would not do, another should do it.— And that Bolron would have had him been evidence against Shipton last Assizes. But Mr. Justice Dolben knowing this Witness, thought his Testimony very improbable. William Hardwick testified, that he being to carry Mrs. Pressicks before Justice Lowther, Bolron's Wife said she was sorry for it, for she believed her to be an honest Woman, and had been a good Neighbour amongst them. Marry Walker, Servant-maid to Mrs. Lassels, Thwing's Sister, testified, that Bolron proffered her 10 l. to swear Thwing was a Priest. Then William Bacchus said that when he served a Warrant on the two Mrs. Bolron's to go before Mr. Lowther, they said they could say nothing against Six Tho. Gascoigne, nor any of the Family. Cuthbert Hamsworth said, that fie heard Bolron swear Revenge against the Lady Tempest for prosecuting a Suit against him. Then the Prisoner endeavoured to prove he was not at Barnborow-hall in 1677. by George Twisley, Groom to Sir Tho. Gascoigne, who could only say that he used to come there but a night or two in a Year. Joseph Cooper said, that about a Year ago he heard Mowbray say he knew nothing of the Plot, and that he believed Sir Tho. Gascoigne was guilty of no such thing, for if he had, he should have known it as soon as Bolron, and he was a Rogue and a Knave for saying any such thing. Edward Cooper sen. said he then heard Mowbray say he thought Sir Thomas Gascoigne was not guilty of the Plot. Isabel Heyward, a Girl that lived with Bolron as a Servant, testified that her Master and Mistrifs falling out, she said she would not go to London, and if he made her go, she would swear that what he had sworn against Mrs. Pressicks was out of Malice. Alice Dawson testified, that the day after New-years-day was twelvemonth, Mrs. Bolron said she was sorry for nothing, but that her Husband had meddled with Mrs. Tressicks. One or two Witnesses more were called, but nothing to the purpose. Therefore Mr. Justice Dolben summed up the Evidence, and Mr. Baron Atkins proceeded to do the same. And the Jury withdrawing for a while, brought in Thomas Thwing Guilty, and Mary Pressicks not Guilty. And on the Monday following Mr. Justice Dolben sentenced him to be Drawn, Hanged and Quartered. The Trials of William Viscount Stafford in Westminster-hall from November the 30th, to December the 7th, 1680. before the House of Peers. ON Tuesday Nou. the 30th. the Right Honourable Henege Lord Finch, Baton of Daventry, Lord High Chancellor of England, being constituted Lord High Steward for the present occasion, and all things fitted for the purpose in Westminster-hall, and both Houses being seated, and the Commons all bare, William Viscount Stafford was brought to the Bar; kneeling till the Lord High Steward bid him rise, and a Chair set for him. After which making a short Speech to him, concerning the occasion of his appearing there, the Articles of Impeachment High Treason against him, and the other Lords in the Tower, by the Commons of England were read, which consisted of seven Heads. The 1st. That there hath for many Years a Plot been contrived, etc. 2ly. Naming the Persons concerned therein, and particularly the Noble Lord at the Bar. 3ly. That consults had been held, and the Murder of the King resolved on therein, etc. 4ly. That consultations have been, for the raising of Men, Money, Arms, etc. 5ly. That Commissions had been given and received; and particularly a Commission for the Lord Stafford to be Paymaster of the Army. 6ly. That to hid and hinder a Discovery, an Oath of Secrecy and the Sacrament had been given, and taken, and Sir Edm. Godfrey murdered. 7ly. That the Gild of that Murder was endeavoured to be put upon Protestants, etc.— The Lord Stafford's Answer, to which was then also read, wherein he put himself upon his Peers for Trial, affirming himself Not Guilty. After this Sergeant Maynard, Sir Francis Winnington, and Mr. Treby (being of the Committee appointed for the Management of the Evidence) opened the Charge and Evidence in very excellent Speeches. And proposed to prove first the Plot in general, and the Gild of this Lord therein in particular, And therefore, as to the first: Mr. Smith being sworn, gave a full relation of his Travels and Perversion, and of what he had heard beyond Sea, and in England concerning this Plot. How Abbot Montague and Father Gascoigne in France, and other Priests and Jesuits told him, that if he would turn Catholic he should have Employment among them there, and afterwards England, for that they doubted not but the Popish Religion would come in very soon; and that because (as the Abbot said) they doubted not to procure a Toleration of Religion; and because the Gentry that went abroad did observe the Novelty of their own Religion, and the Antiquity of theirs, and the Advantages that were to be had by it. But one Father Bennet and others said, they doubted it not, because their party was very strong in England, and in a few Years they would bring it in right or wrong. That it was Cardinal Crimaldi who perverted him about 1671 to the Romish Religion at Provence; and that afterwards he lived several Years in the English Jesuits College at Rome, where he hath often heard it disputed, and preached and exhorted, that the King of England was an Heretic, and that there was no King really reigning, and whoever took him out of the way would do a meritorious Action, particularly by Father Anderton, Mumford Campion, but chief Southwel, one of the chief of the Jesuits. That when he came away thence for England, these Fathers for a whole Month, were exhorting that the King of England was not to be obeyed, and that in all private Confessions, all Persons, who might be thought capable of any design, were to be instructed, that they should use all their Endeavours for promoting Popery.— That while he was at Rome, he read Coleman's Letters of Intelligence once a Month; and therein how the Duke, and the Queen, and the chief of the Nobility were of their side; how they carried matters several times; the ways the Lord Clifford, and Sir William Godolphin did use to effect the work; and that they questioned not to get the Lord Danby on their side too.— That when he returned into England, he found all the Popish Clergy in great hopes of Popery coining shortly in.— That he knew of Money gathered in the North, but refused to join therein.— That as to the Lord Stafford he knew nothing, but that Sir Henry Calverley was turned out of Commission of the Peace, through Complaint made to my Lord Stafford of his being active against Popery. And that he writ to one Smith, that he would not make over his Estate as others did, for that he expected some sudden Change or Alteration. That the Cardinal, who perverted him, at the same time spoke of great Assurances that Popery, would prevail in England; that there was but one in the way, and though that Man was a good natured Man, yet they could not so far prevail upon him, but that to accomplish their designs they must take him out of the way.— That now he had been a Protestant two Years, and was always bred so till he traveled towards Rome. After him Mr. Dugdale was sworn, and deposed, That he had been acquainted with a Design of introducing Popery about 15 or 16 Years; and that he had seen several Letters from beyond-Sea, of Money, Men and Arms being ready to Assist. That Collections of Money were made in the Country, and 500 l. paid to him so collected, which he paid to Mr. Evers to return to London, to discharge an Account count of Arms and Things received from beyond-Sea, and for carrying on this Design.— That he himself had given them an Estate of 400 l. Value, and (because he knew Money would be wanting) had promised an 100 l. more, as soon as the Lord Aston and he had accounted for this Design, and the praying for his Soul.— That the King of France had promised his Assistance, and the Pope allowed some part of his Revenue for the same purpose.— That of late he had been at several Consultations; wherein the Death of the King was discoursed, which was intended to be about November, December, or January, 1678. and saw Letters from Paris which advised that it should be thrown upon the Presbyterians, who had killed the old King, and were likeliest to be thought to have done this, and so they might easily get the Protestants of the Church of England, to join with the Papists against them, to the weakening of Protestantism, and accomplishment of their Design.— That it was agreed, that the Lord Aston, Sir James Symons, and others, should go in October 1678. to dispose of Arms, to the value he heard of 30000. l.— That after the King had been killed, an Army was to have appeared, to have cut off all that should escape the Massacre, which also was designed.— That he bade been put upon to make Foot-Races to draw People together, that they might the better have Discourses together without suspicion.— That he saw a Letter from the Lord Stafford to Mr. Ewers, to show, that things went on well beyond-Sea, and hoped they did so here: and that particularly the Lord Stafford was by at a Consult, about September 1678. with Mr. Heveningham, Sir James Symonds, Mr. Vavasor, Mr. Petre, Mr. Howard, and the Lord Aston, about the Death of the King; and that Mr. Heveningham, Sat James Symons, the Lord Aston, Mr. Draycott, Mr. Howard, and Mr. Gerard did, of his knowledge contribute Money for carrying on the Plot. That he saw a Letter from Whitebread, to give Mr. Ewers a Caution, to trust only stout and trusty Fellows (no matter whether they were Gentlemen or no,) for killing of the King; and another Letter from Harcourt to Ewers, dated Octob. 12. and received the 14th, 1678, wherein it was said, This night Sir Edmondbury Godfrey is dispatched; the reason whereof was, Ewer's said, because he had shown himself too eager upon Oates' Examination before him; and that therefore the Duke of York sending to Coleman to desire him not to reveal what be knew of the Plot; Coleman mistrusting Sir Edmonbury, sent word back, that it would be never the nearer, because he had been so foolish as to reveal all to Sir E. Godfrey, who had promised to keep it all as a Secret, but that now he feared he would witness against him. Whereupon the Duke sent word back again, That if he would but take care to conceal, he should not come in against him; And upon this he was quickly dispatched.— That be had oft been brought to the Oath of Secrecy, and the Sacrament, and particularly, when he withdrew, on a Monday, about the 18th or 19th of November, 1678, from the Lord Aston's, when he carried all his Papers, and burned them at a Neighbouring-house, because he knew they would discover him and others concerned in the Plot; But afterwards understanding such his Promises of Secrecy were better broke than kept, he came in to make his Discovery. Then Mr. Prance deposed, That in 1678, he went to one Singleton, a Priest, at one Hall's, a Cook in Ivy-Lane, who told him; That he did not fear, but in a little time to be a Priest in a Parish-Church; and that he would make no more to stab 40 Parliament-Men, than to eat his Dinner; which at that very time he was a doing. Then Dr. Oates was sworn, and told, how in the Year 1676, he was admitted Domestic Chaplain to the Duke of Norfolk, being then a Minister of the Church of England; Where he became acquainted with some Popish Priests, and was told from one Singleton, That the Protestant Religion was upon its last Legs; and it would become him, and all Men of his Coat, to hasten betimes home to the Church of Rome. Having a strong suspicion some Years before, of the apparent growth of Popery, to satisfy his Curiosity, he pretended some Doubts, and at last a Conviction by she Jesuits (because he observed them, most able to inform him) and accordingly was reconciled on Ashwensday, 1676/7. Soon after, Strange (the then Provincial) told him, his Ordination was invalid, and he must become a Layman; then he desiring to be of their Order, the Fathers, upon a Consultation at Wild-House, admitted him; and because his Years were not suitable to be a novice, they proposed travelling to him, to go beyond-Sea, and do their Business. This he accepted, and accordingly went April 1677, into Spain, to Validolid, having their Letters of Recommendation; where he found Letters come from England before him, and dated in May, wherein was expressed, That the King was dispatched, which caused great joy to the Fathers; but afterwards Letters dated the latter end of May came to certify their Mistake, and to desire the Fathers to stifle the News. Some Letters he opened also by the way, wherein was an Account of a Disturbance designed in Scotland, and of the Hopes they had for carrying on the Catholic Cause in England. That in June Letters came thither, expressing, That Beddingfield was made Confessor to the Duke of York, whom they hoped would prevail much with him, in order to this Design; and that Letters from St. Omers dated the same Month, gave account, That Father Beddingfield had assured them of the Duke's willingness to comply with them.— That travelling through this Country, he found that Money had been, there raised and sent to England, and particularly that the Provincial of the Jesuits of Castille had advanced 10000 l. promised to be paid in June following. That upon some Missioners arriving there in December, one Mumford, alias Armstrong, preached, That the Oaths of Allegiance and Sumpremacy were Antichristian, Heretical, and Devilish, vilifying and abusing the King's Legitimacy; saying, That his Religion entitled him to nothing but sudden Death and Destruction.— In November he returned for England, and coming into Strange's Chamber, there was Father Keins lying ill upon Strange's Bed, and Keins was saying, He was mighty sorry for honest William (so they called Grove that was to kill the King) for missing in his Enterprise. They being more zealous for killing the King, after he had refused Coleman the Dissolution of the Long Parliament. He came to St. Omers, December 9th or 10th N. S. and carried Letters from the Provincial, and other Fathers, wherein Strange told them, he had great hopes of effecting their Design next Year, but as yet they could not. That they had Letters from their New Provincial White-bread, the same Year, to order Conyers to preach on St. Thomas of Canterbury's day, saying he would be as zealous for carrying on of their Design as his Predecessor had been: In that Sermon Conyers, after he had commended the Saint, and declared how unworthily he was sacrificed, did inveigh against the Tyranny (as he called it) of Temporal Prince, and particularly of the King of England;— Declaring that the Oaths of Allegiance and Supremacy were Antichristian and Devilish, and that it was fit to destroy all such as would countenance them. In January they had Letters from Ireland, of the Resolution of the Papists there to let in the French King, provided the Parliament should urge the King, to break with France, and of their Zeal to vindicate their Freedom and their Religion from the oppression, of the English, as they called it. In March Letters from England gave account, That there had been a very shrewd Attempt made upon the Person of the King, and that the flint of Pickering's Gun was lose, and his Hand shaking the King did then escape, for which Pickering received a Discipline, and Grove, a Chiding. At the latter end of the same Months, 1678, came a Summons to a Consutt, to which eight or nine came over, whereof the Witness was one. It began at the White-horse Tavern, where they consulted about some things of the Society, and afterward adjourned into particular Societies, where they did debate and resolve the Death of the King, and that Grove should have 1500 l. for his pains; and Pickering, a Religious Man, 30000 Masses.— Presently after he returns to St. Omers, and after him the New Provincial, who ordered him back again to England, where he arrived at Dover, June 14, meeting there with Fenwick, with whom he came to London the 17th. Letters arriving just after them, wherein were Proposals to be made to Sir Geo. Wakeman for poisoning of the King, and that the 10000 l. promised by the Spaniards, and received accordingly at the time in London, should be offered him. Coleman thought it too little, Langhorn too much, saying he was a narrowspirited Soul, and that he ought to do so great a piece of Service for nothing. There was 5000 l. of it paid him, as he saw entered in the Books; and Father Ashby in July renewed the Proposal of 15000 l. and Fenwick, in August gave an account to the Provincial of its being accepted of. In July, Strange coming to Town, informed him in discourse, how the City was fired, and how many of those concerned in it were taken, and that they were released by the Duke of York's Guard, and that all the Order they had for it, they pretended was from the Duke. In July he discovered to Dr. Tongue, of which the King had Notice 13th or 14th of August, and by the 3d of September he was betrayed, and exposed to the Vengeance of the Papists, whose Plot he had thus Discovered. Then to fortify Dr. Oates' Evidence, Mr. Dennis was called, who deposed, That he saw Dr. Oats at Vallidolid in Spain, and related what Discourse they had together, and how they came acquainted; and how the Doctor lent him Money to defray the Expense of his Journey, and sent a Letter by him to Madrid, which he heard read, and related the Contents of it.— That he had both heard of, and seen Money collected in Ireland, naming the Collectors thereof, in the Year, 1668, for the encouragement of the French King to bring in an Army thither; acknowledging himself to be now a Dominican Friar, and a Papist. Mr. Jennison being sworn, deposed, That in 1678, he had heard Mr. Ireland, and Mr. Thomas Jennison, his Brother, both Jesuits, speak of a Design to get a Toleration, by bribing the than Parliament, by a great Sum of Money procured from their Party: And of securing the Duke of York's Succession, by getting Commissions to be granted out to the Papists to be ready to rise upon the Death of the King; saying also, their Religion could never flourish, till the Government was altered to the French Model. In June 1678, he heard Mr. Ireland say, in his own Chamber, That Popery was like to come into England, and there was but one stood in the way; that it was an easy thing to poison the King, and that Sir George Wakeman might easily and opportunely do it. In August after, be also was at his Chamber, and found Mr. Ireland newly come out of Staffordshire, being then drawing off his Boots; and discoursing of the suddenness of Popery coming into England, he tempted the Witness to be one to go to Windsor to take off the King; which he refusing, Ireland asked him, if he knew any Irish Men that were flout and courageous? and upon his naming some, he took their Names; ask him for 20 l. which the Witness owed him, saying, he should need 80 l.— That he had heard his Brother, Thomas Jennison, in Discourse, use that Expression which Dr. Oates hath in his Narrative; If C. R. would not be R. C. he should not be long R. C. Interpreting it thus in Latin; Si Carolus Rex non esset Rex Catholicus, non foret diu Carolus Rex. Asserting further, That if the King were excommunicated, he were no longer King, and it were no Sin to take him off; and if it were discovered who did it, two or three might suffer; but denying the Fact, the Matter soon would be blown over.— That about two Months after the Mustering upon Hounslow-Heath, about the latter end of July, and before the Discovery, his Brother told him of a Design, in which the Queen and the Duke, and several Lords were concerned; and that a new Army would be raised to bring in Popery, but he would not tell him more Particulars till he had received the Sacrament of Secrecy.— He told him, that one Mr. Oats also, a Person newly come over to them, was in this Design; which, Oats he saw, the latter end of April, or beginning of May, in Mr. Ireland's Chamber.— About the time of Coleman's Trial, he heard also one Mr. Cuffil a Jesuit say, at his Sister Hall's in Berk-shire, in Shinfield-Parish, That he thought Mr. Coleman was infatuated, upon the Discovery of the Plot, to give notice to Harcourt, Ireland, and Fenwick, and the other Jesuits, to burn or, secture their Papers, and yet not to secure his own.— Then saying also that Bellarmine did draw this Sentence out of the Scripture, to favour the Pope's Authority of Excommunicating, Depriving, and Deposing Temporal Princes, Quod Papa habeat eandem potestatem super Reges, quam Jehojads habuit super Athaliam; and that there were other corroborating Testimonies among the Fathers for it. After tins the Records of the Attainder of Coleman, Ireland, and the other Conspirators, were produced; and the Convictions of Reading, Lane, Knox, and others, were delivered in.— And the Record of the Attainder of Coleman was read in Latin by the Clerk.— Which concluding the Evidences in general of the Plot, the Court thought fit not to enter upon particular Evidences against the Prisoner till another day. Whereupon the Lord High Steward adjouned the Lords into the House of Lords, and the Commons returned to their House, where Mr. Speaker reassuming the Chair, the House adjourned to Eight of the Clock the next Morning. The Second Day. Wednesday, Decemb. 1. 1680, about 10 of the Clock, the Court being sat, and the Prisonet appearing, Mr. Dugdale (being sworn again) appeared to Evidence as to the Particulars against the Lord Stafford; who accordingly deposed, That he had been some Years acquainted with the Lord Staffordy, while he was a Servant to the Lord Aston. That in August or September, 1678, there was a Consult at the Lord Aston's at Tixal; at which the Lord Stafford was, and with the rest did consent to a Resolve, That it was the best way to take away the Life of the King, as the speediest Means to introduce Popery. That on a Sunday Morning the Lord; Stafford coming to the Lord Aston's to hear Mass, as he alight off his Horse, he said to the Witness, It was a sad thing they could not say their Prayers, but in an hidden manner, but e'er long they should have the Romish Religion established. That about Septemb. 20, or 21, the Lord Stafford sent for him to his Chamber, and proffered him 500 l. to be concerned in taking away the Life of the King; wherein, he said, he was concerned himself; and that he should go in October to London with him, and be under the Care of him, and Mr. Ireland in London, and in the Country of one Mr. Parson's that knew of the Design: And that he should have a Reward in London, and he understood that the Duke of York, the Lord Arundel, Lord Bellasis and others, were to give it him; and that he should have his Pardon from the Pope, and be Sainted. That also he saw a Letter from the Lord Stafford to Mr. Ewers, expressing that things went all well beyond-Sea, and so he hoped they did here, for the carrying on of their Design. Then Dr. Oates being also sworn again, deposed, That he had seen several Letters in Spain, and at St. Omers, singned Stafford, wherein were assurances of his Zeal for the promoting of Popery in England. That in June 1678, he saw the Lord Stafford at Fenwick's Lodging, receive a Commission, as he believes, to be Paymaster General to the Army which promised to effect; and going then into the Country, he said, he did not doubt but at his return, Grove should do the Business. And, speaking of the King, he said there, He had deceived them a great while, and they could bear no longer.— But the Lord Stafford denied that he either knew Fenwick or Oates. After him Mr. Edward Turbervile deposed, That he being under some displeasure with his Relations, for not entering himself of the Society, he betook himself to his Brother, a Benedictine Monk in France, where staying a while, and refusing to be admitted into that Society also, her resolved for England, and to that end was recommended to the Acquaintance of the Lord Stafford, then at Paris; who after some time understanding his Condition, and imagining him a fit Instrument, he proposed to him a way, whereby (as he said) he might not only retrieve his Reputation with his Relations, but also make himself a very happy Man: And after having obliged him to Secrecy, he told him, in direct terms; it was to take away the Life of the King of England, who was an Heretic, and consequently a Rebel against God Almighty: But he desiring time to consider it, avoided the seeing my Lord any more, and so came to London; and by Applications to: the Duke of Monmouth, he got into the French Service.— This was in Novemb. 1675.— My Lord then charged him with running from his Colours, and therefore unfit for such a Service; and that he never saw him before.— And here the Evidence ceasing, the Lord Stafford began his Defence: complaining of his close Imprisonment for two Years and of his abhorrence of those two great Sins, Treason and Murder, owning and condemning the Gunpowder Plot, and the King-killing Doctrine, protesting his own Loyalty and Innocency; Not doubting to prove these Witnesses perjured, and therefore requesting the use of the Lord's Journal-Book, and the Depositions of Dugdale, Oates, and Turbervile, without which he could not make his Defence. Hereupon arose some Debate in the Court, after which the Lords withdrew, and after an hour and an halfs space, returned; and then the Lord High Steward did tell the Lord Stafford, that Evidence there is before the Court of Peers, he was to have; but for the others they could not help him thereto; and in regard he had complained of his Faintness, the Lords intended not to put him upon it, to go on to make his Defence, but would give him time till to Morrow. For which the Lord Stafford thanked the Lords; but insisted to, request moreover the Depositions of Dugdale; but he was told they were in the Journal-Book, which he was allowed the use of Then the Prisoner desired he might not appear till ten of the Clock next day, because he wanted Sleep, writing late;— or that one, days respite might be allowed him; which the Lord High Steward seemed inclinable for, but was opposed by the Managers for the Commons: then Court adjourned into the Parliament-Chamber, and the Commons went to their House; to whom the Lords soon after, sent a Message, That they had ordered the Prisoner to the Bar at Ten of the Clock next Morning. And then the Commons adjourned so Eight the next Morning. The Third Day. THursday, Decemb. 2. 1680. at Ten the Court being sat, the Prisoner was set to Bar, and required to go on with his Defence; For which end he called Turbervile, and asked him, when he last saw him? who said, in Novemb. 1675. Whence he made his Plea, that he was not within the time limited for prosecution; but was informed of his Mastake, lesser Crimes being limited to six Months, but Treason to no time at all. Then Dugdale being called again, was by him charged, That He had sworn at Sir George Wakeman's Trial, that he (the Lord Stafford) was at a Consult at Tixal, in August 1678, and proved it by the Testimony of the Lady Marchioness of Winchester, and one Mrs. Howard, who affirmed they heard him (though Dugdale denied it); and then proved that he was all that Month at the Bath; and at the Marquis of Worcester's House, by Thomas Bonny Clerk of the Kitchen to the Lord Marquis, of Worcester, Thomas White his Coachman, Richard Bevan his Groom, and the Lord Marques himself; and that he came not to Tixal till Septemb. 12. and then had no Converse alone with Dugdale, nor could ever endure him; reviling him, as having been a poor Boy found at the Door, than a Thresher, than a Bailie, and now a Witness for the King. To this end, he acknowledged that he spoke to Dugdale on the 20th of September in his Chamber, but not alone, nor about any thing but a Race to be run that day on Etching-Hill; which he proved by the Testimony of his own Servants, Nicholas Furness a Dutchman, (whose Blunder in his Evidence, made the Auditory laugh) and George Leigh. He produced also Thomas Sawyer, a Servant to the Lord Aston, and Mr. Phillip's Parson of Tixal, as to the Reputatiof Dugdale, who said little more to disparage him, than that he ran away from the Lord Aston, and was apprehended, and would then have been owned by my Lord as his Servant, which was refused; and Six Walter Bagot, Mr. Thomas Kinnersley, and Sir Thomas Whitgrave, being the Justices before whom he was brought, affirmed, That then he took the Oaths of Allegiance, etc. and protested he knew nothing of the Plot. Then the Lord Stafford offered to prove further against Dugdale, that he had offered Money to some to swear falsely against his Lordship; to this end William Robinson, a Worcestershire-man, affirmed, That about Midsummer was twelvemonth, Dugdale offered him Money in London to swear against the Lord Stafford; and John Moral a Barber in Ridgley in Staffordshire, that he proffered him 50 l. in Hand, and 50 l. more when the thing was done, to swear against Mr. Howard, Sir James Symonds, Mr. Herbert Aston, and several others, as concerned in the Plot: And Samuel Holt a Blacksmith at Tixal, that he proffered him 40 l. to swear that Walter Moor carried Ewers away. Then the Lord Stafford proceeded to prove, that Dugdale deposed, at the Trial of the five Jesuits, That he communicated the News of Sir E. Godfrey's Death, which was on Saturday, to Mr. Sambidge the Tuesday following; which Mr. Sambidge denies. That he so swore Mr. John-Lydcott (a Fellow of King's-Colledg in Cambridg), and one Charles Gifford (who were present at that Trial; and took Notes) did testify. And Mr. Sambidge denied that he heard of the News till Friday or Saturday, or that he was at the Alehouse with Dugdale at all; but that he was an ill Man, and very abusive, especially to the Clergy. Then the Lord Stafford proceeded against Dr. Oates; objecting against him, That when he was examined before the Council, having named many, and not naming the Prisoner, he said, he had no more to accuse; and for the proof of this he called Sir Philip Lloyd, who remembered nothing of it, and appealed to the Lords then present, but none could speak to it; till at length the Earl of Berkley did say, That he remembered, in the House of Lords, when Dr. Oates was asked, If he could accuse any other Person of what Quality soever? Oats answered, That he had no more in relation to England to accuse, but in relation to Ireland he had; which was after he had accused the Lord Stafford, though before he had accused the Queen. Then he called for Mr. Dugdale again, and objected further against him, That he did depose before Tho. Lane and J. Vernon, two Justices in Staffordshire, Decemb. 24. 1678. That presently after one Howard, Almoner to the Queen, went beyond-Seas, he was told by Geo. Hobson, (Servant to the Lord Aston) that there was a Design, etc. Whereas this Hobson was not a Servant to the Lord Aston of three Years after the Almoner went, and yet here he says presently. But Dugdale explained, that his meaning was, that Hobson told him there was a Design presently after the Almoner went, etc. Which was contested, but at last submitted to. Then Mr. Turbervile was called again; and the Prisoner objected against him his deposing to the Year 1673 one day, and to 1672 the next; whence he concluded him to be necessarily perjured: But Sir William Poultney, who took his Affidavit, related the whole Story, which shown him to be mistaken in the Year; which he finding out that Night, by a Paper he found, came and corrected it himself the next Morning. And whereas the Lord Stafford had charged him for a Coward, and for running away from his Colours, he produced his Discharge from his Captain, which certified otherwise. Then whereas Turbervile had before deposed, that his Lordship was lame of the Gout, when he waited upon him in France, he declared he had not been lame these forty Years, and never had the Gout in his Life; and his two Servants, Furness and Leigh, testified the same for the time they had lived with him, and who were with him then in France, but denied that ever they saw Turbervile with him. And whereas Turbervile deposed, That he came to England by Calais, he said, he came by Diep, and produced one Mr. Wyborne who testified the same, together with his aforesaid two Servants. Again, whereas Turbervil deposed, That when he came from. Douai, his Relations were angry with him, and the Lord Powis and his Lady; he affirmed, that he was upon his return, received courteously at the Lord Powis' House, and by his Relations; which was testified by John Minhead, one that belonged to the Lord Powis, and a Frenchman. And whereas Turbervile said he was disinherited; his elder Brother, by another Mother, testified the kindness of his Relations towards him, and that there was no Estate likely ever to come to him, there being so many Heirs before him. Finally, whereas Turbervile also, in his Affidavit had said, the Lord Castlemain was at the Lord Powis' at such a time, which must be either in the Years 1672, 1673, or 1674, he called Mr. Lydcott again, to testify he was not in Wales in any of those Years, who by his Notes, which he confessed he had transcribed out of another Book, spoke very particularly to the times; only the beginning of 1672, he could not tell how to account for; nor did Turbervile ever say positively to a Year. So the Lord Stafford being asked if he had any more Witnesses? and answering he had three or four, the Peers thought it too late to proceed, and so adjourned into the Parliament-Chamber, and the Commons went back to their House; to whom the Lords sent a Message, that they had ordered the Prisoner again to the Bar at Ten next Morning. The Fourth Day. FRiday Decemb. 3, 1680. about Ten the Court being sat, and the Prisoner at the Bar, the Ld. High Steward reminding him how far he had gone, and where he left off in his Defence, desired him to go on: Who called therefore John Porter, Butler to the Lord Powis, who said, That about a Year ago, in several places in London, he heard Turbervil say, that he believed neither the Lord Powis, nor the rest of the Lords were in the Plot, and the Witnesses that swore against him he believed were perjured, and he could not believe any thing of it; and that as he hoped for Salvation, he knew nothing of it neither directly nor indirectly; and although he was a little low at present, and his Friends would not look on him, yet he hoped God would never leave him so much, as to let him swear against innocent Persons, and forswear and damn himself. Mr. John Yalden, a young Barrister of Greys-Inn also affirmed, that as he walked with Turbervil in February or March last in Greys-Inn-Walks, he heard him say, God damn me, now, there is no Trade good but that of a Discoverer, but the Devil take the D. of York, Monmouth, Plot and all, for I know nothing of it. Afterwards Yalden being gone, words passing between Turbervile and him, they both complained of one another to the Court— The Ld. Stafford then called for Oats again, objecting against him, his swearing before the Council, that he saw in Spain Don John of Austria, but the Lord Privy-Seal affirmed that he only then said, that he saw one whom he was told was that Person, and that he did not know him of himself. The Prisoner further objected that none of his Letters, nor no Commission was produced; that he knew neither Oats nor Fenwick, nor ever saw Oats either at Fenwick's or Dr. Perrot's (though Oats instanced in a Circumstance at Dr. Perrot's, how he offered him half a Crown to call Perrot home to him, which he refused, saying, he was no Porter) and that he was not to be looked on as a credible Witness, because he dissembled with God, in as much as he deposed that he never was but seemingly a Papist.— Saying also, that but last night he called the Lieutenant of the Tower, Jailor, and Rascal, which became not a Man of his Coat. He charged then Dugdale again, that he was a Prisoner for Debt in Stafford when he made his first Affidavit, and Dugdale acknowledgeed he was then under the Sergeants hands. He objected moreover Oats Poverty, and that he said in a former Trial, that he was. 700 l. out of Purse: Whereupon Dr. Oates confessed his Poverty, and offered to prove how he had disburssed so much Money, relating how he had so much given him, and got so much by printing some Copies. And here the Prisoner ending his Defence, the Managers offered, before they summed up the Evidence, to produce their Witnesses to fortify their Evidence, and to discover what kind of Witnesses have been made use of against it, and to falsify what the Prisoner's Witnesses have said in some Particulars. And first of all, Mr. William Hanson of Wilnal in Staffordshire, deposed, that he had seen Dugdale alone with the Prisoner in the Lord Aston's Parlour. Then Mr. James Ansell of Heywood in Staffordshire deposed also, that being of Tixal, he saw the Prisoner and Dugdale walking alone together in the Court, and that after the Plot was discovered, that Dugdale was fearful of coming into Company. That also he and Mr. Hanson was at Eld's the Alehouse, Oct. 14. on Monday Morning, and heard Mr. Dugdale tell of the Murder of a Justice of Peace of Westminster, in the presence of Mr. Phillip's, and Mr. Sambidg, who before have denied it, and Hanson being called again, deposed the same. Mr. Birch also deposed, that it was all about those parts by Tuesday and Wednesday, Octob. 15, and 16. that a Justice of Peace of Middlesex was killed. John Turton Esq deposed that he was told of the Rumour on Tuesday, Octob. 15. and that it was Sir Edm. Godfrey that was murdered, and as it was supposed, by the Papists. Then against the Testimony of William Robinson, Mr. Booth, a Member of the House of Commons, deposed that he heard him in Cheshire talk the most atheistically as ever he heard any Man in his Life, ridiculing the Sabbath, it being on a Sunday, and that from others he had heard how he went about the Country to cheat. The Earl of Macclesfield deposed, much to the same purpose, and that he had heard him confess himself a Rogue, and false Dice were found about him, being before a Justice of Peace. Against Samuel Holt, another of the Prisoner's Witnesses, Samson Rawlins, deposed, that he was a Man of a very ill Report where he lived, a lewd drunken Fellow, and said to keep another Man's Wife, and that he said none but Rogues would take Mr. Dugdale's part and be cause the Witness did so, he would have murdered him, and that he broke the Lord Aston's Wine-Celler, and my Lord bid Mr. Dugdale send him to Goal, but he begged him his Pardon; that he had known Mr. Dugdale this 14 or 15 Years in good Repute and an honest Man. Thomas Launder deposed much to the same purpose against Holt, adding that he was, by a Consult of them at Tixal, proffered Money to have sworn Anselm a perjured Rogue at the Lord Aston's Trial. Against John Moral, Thomas thorn deposed, that he was a poor needy Fellow, that wandered about the Country, and but of an indifferent Reputation. Then Simon Wright deposed, that one Plessington had proffered him 700 l. to own himself perjured at Mrs. Price's Trial, and to swear that Dugdale would have given him Money to swear against Sir James Simons and Mr. Gerard, and they made him write Letters to this purpose; this Plessington was the Lord Bellasis' Steward. Then Elizabeth Eld deposed, that she and her Sister helped to burn Mr. Dugdale's Papers that Morning he went away from the Lord Aston's, and one little Book he said had no Treason in it, and needed not therefore to be burnt; Why, said the Witness, is there Treason in any of the other Papers? to which he only answered, Do you think there is? Ann Eld, her Sister, deposed also the very same things. Then one Mr. Michael Noble, deposed that he had helped him to make up his Accounts, and been with Mr. Dugdale at the Tower, to account with the Lord Aston twice, and one time the Lord Aston would not be spoke with, and another time they spoke with him with great difficulty, but he would not produce the Book wherein Mr. Dugdale said the Discharges were. Then Mr. Stephen College, deposed he was with Mr. Dugdale at the Tower, when he went to make up his Accounts with him, but they could not be admitted; and that then he heard one of the Lord Aston's Men say, that Mr. Dugdale was as honest a Gentleman as ever lived in their Family. Then Mr. Nich. Boson, who was with Mr. Dugdale at the same time with Mr. Noble and Mr. College, deposed to the same purpose. Then for the Vindication of Dugdale's Credit, Thomas Whitby, Esq deposed that he had known Mr. Dugdale nine or ten Years in the Ld. Aston's Service, and that he was his Steward, and all the Servants under him, and was entrusted with all his Estate, and counted faithful to his Master's Interest, only he hath heard some Tradesmen say that he hath put them off without Mony. Then Mr. William Southall, a Coroner of Staffordshire, was sworn, who testified to the Reputation of Dugdale, having known him eight Years, and gave a large account of his first Discovery of the Plot, being then present, how that on December 23, 1678. he meeting Mr. Dugdale at Stafford upon business, he persuaded him to discover, and got him examined that day, and afterwards more fully the next day. After him one Mr. Thomas Mort, who had been Page to the Lord Powis, deposed that he saw Turbervile at Paris, and knew he conversed with the Lord Stafford whom he knew not, and came with him to Diep, to go over with him and my Lord, for whom they waited a fortnight, much to their Inconveniency; and therefore he or some of the Company said, Cursed is he that relies on a broken Staff, alluding to the Lord Stafford's Name. That Turbervile then told him, if he went to Calais, he might go over with my Lord, but how he came to know that, he knew not; but he got another opportunity, and so came over. Then Mr. Powel, a Gentleman of Greys-Inn, deposed, that he heard him mention his knowledge about the Plot about a Year ago, but that he did not think fit then to reveal it, for fear of his Brother's Anger, and because some of the Witnesses had been discouraged, and he was afraid he should be so too. Then Mr. Arnold (one of the Members of the House of Commons) deposed that he knew Mr. Turbervile to be a very civil honest Gentleman, and that the reason he discovered no sooner was, he told him, because the Witnesses that were come in were in danger of their Lives, and were discouraged, and as long as the D. of York had so great a Power in the Council, and the Lady Powis' Brother in those Parts he lived (which his Lordship usually calls his Province) he durst not for his Life. Then Mr. Hobby being sworn, gave a very good Character also of Mr. Turbervile, whom he had known four Years. Mr. Matthews, a Divine, being sworn, gave him likewise a good Character, and that he had often discoursed with him, and found him inclinable to come off from the Roman Religion, and that he had known him four Years. Mr. William Seys being sworn, said, he never heard nor knew any ill by Mr. Turbervile, whom he had known two Years. Captain Scudamore deposed much the same as to Mr. Turbervile's Credit. Then whereas the Lord Stafford had brought his Servants to prove he had not been lame of so long a time; the Lords Stamford and Lovelace deposed that they had observed him lame within less than seven Years, which his Lordship excused, saying it was only his Weariness. And here the Managers resolving to call no more Witnesses, urged the Prisoner to sum up his Defence, that the Process might be closed. But he called Mr. Whitby again, ask him if he had not once complained of Dugdale to the Lord Aston, telling him he was a Knave? Mr. Whitby confessed he told the Lord Aston that Dugdale was a Dishonour to his Family, in not paying People their Money, when they came for it. But he was told afterwards, it signified nothing, for that the present Ld. Aston would hear nothing against him. Then the Ld. Stafford gave into the Court Wright's Letter; who being called, owned his hand, saying, That was one which he was hired to write; which intimated as if Dugdale had suborned him to swear false, etc. Then the Prisoner being urged to conclude, he protested his Unreadiness and Weakness; whereupon the Court broke up, and the Lords sent a Message to the Commons, that to morrow morning at 10, they had ordered the Prisoner again to the Bar. The fifth Day. SAturday December the 4th, 1680. About 10, the Court being sat, and the Prisoner called upon to sum up his Defence, he prayed leave to call a few Witnesses more, which after some Debate, and his Lordships Weeping, was admitted. And then the Lord Ferrer was called upon to speak his Knowledge of Southall; who said he could only speak by hear-say, that he had been an active Man in the late times against the King, and is counted a pernicious Man against the Government. The Lieutenant of the Tower also was called, and testified that Dugdale coming to make up his Accounts, the Lord Aston desired the Lieutenant to be present, who said he did not understand Accounts, but would get one that did; whereupon Dugdale said he would come another time, but never did that he saw or heard of. The Prisoner began to sum up his Defence; and ended with proposing these five Points of Law. 1st. That there is no precedent for criminal Proceed to be continued from Parliament to Parliament, as this had been to three. 2ly. Whether in capital Cases, they can proceed upon Impeachment, and by Indictment first found by the Grand Jury. 3ly. There is a defect in the Impeachment, there being no overt Act alleged. 4ly. The Witnesses by Law are not competent, because they swear for Mony. And not having proved him a Papist, whether he can be concerned as to the Plot in general. 5ly. That there ought to be two Witnesses to every point. Thus concluding, the Managers vindicated Mr. Southall's Credit sufficiently, by the Depositions of the Lord Brook, and Mr. William Leveson-Gower, who knew him very well to be an honest able good Man, and of the Church of England, and an eager Prosecutor of Papists. Then Sir William Jones, one of the Managers, summed up the Evidence very largely, and Mr. paul another of them, proceeded, and Sergeant Maynard answered his matters in Law showing to the third several Overt Acts, as receiving a Commission, being at Consults, and hiring Persons to kill the King. To the 2d, That an Impeachment of the House of Commons is more than an Indictment. To the 1st, That what is once upon Record in Parliament, may at any time be proceeded upon. And then Sir William Jones spoke again: And to the 5th, said, there needed but one Witness to one Act, and another to another, where the several Acts as here, fall under the same head of Treason. And to the 4th, that he had not proved, and however that what Money the Witnesses had, was for their Maintenance only. Sir Francis Winnington spoke also to the same heads. And then the Prisoner urged that his Counsel might be heard as to those Points; who were Mr. Wallop, Mr. Saunders and Mr. Hunt, and the first proposed to be handled, being the last; Mr. Wallop excused himself from speaking to it, because it lately had been determined in the inferior Courts,— Then the Lords adjourned into the Parliament Chamber to consider the Points, the Commons staying, and returning after about an hour, the Lord High Steward, declared that it was the Lords Will that all the Judges present should give their Opinions, whether the 5th Point was doubtful and disputable or no. Then all the Judges consulted privately together, and afterward gave their Opinions (in the Negative) Seriatim; first the Ld. Ch. Justice North, (the Ld. Ch. Baron Montague, Mr. Justice Wyndham, Mr. Just. Jones, Mr. Just. Dolben, Mr. Just. Raymond, Mr. Baron Atkins, Mr. Baron Gregory, Mr. Baron Weston, and Mr. Just. Charlton.— After which the Court adjourned, and the Lords sent a Message to the Commons, that they had ordered the Prisoner to the Bar again on Monday morning at 10 a Clock. The sixth Day. MOnday, December 6. 1680. about 11 the Court being sat, and the Prisoner at the Bar, his Petition was read, which was for leave to offer a few things more to clear himself, and which the Ld. H. Steward told him the Lords had granted. He then said, that seeing he had received their Order that his Counsel should not be heard touching the continuance of Impeachments from Parliament to Parliament, he desired that he might offer them his own Conceptions concerning that; urging that they had not yet declared their own Judgements either as to that, or whether they did acquiesce in the Judge's Opinions; praying that his Counsel might be heard as to the other points: protesting his own Innocency and Abhorrency of Treason: reading then his Case, and repeating his Defence, etc. After which the Lords adjourned into the Parliament Chamber, and the Commons returned to their House, and received a Message from the Lords, that they had ordered the Prisoner to the Bar to receive Judgement to morrow at 10. The seventh Day. TUesday December 7, 1680. About 11 the Court being sat, the Ld. H. Steward took the Votes of the Peers upon the Evidence, beginning at the Puisne Baron, and so upwards in order, the Lord Stafford being (as the Law required) absent. The Ld. H. Steward began then, saying, My Lord Butler of Weston, Is William Lord Viscount Stafford Guilty of the Treason whereof he stands impeached, or not Guilty? Lord Butler; Not Guilty upon my Honour. The same Question was put to the rest, whose Names and Votes follow. Ld. Arundel of Trerice; Not Guilty upon my Honour. Ld. Crewe; Guilty upon my Honour. Ld. Cornwallis; Guilty upon my Honour. Ld. Holles; Not Guilty upon my Honour. Ld. Wootton; Not Guilty upon my Honour. Ld. Rockingham; Guilty upon my Honour. Ld. Lucas; Not Guilty upon my Honour. Ld. Astley; Guilty upon my Honour. Ld. Ward; Not Guilty upon my Honour. Ld. Byron; Not Guilty upon my Honour. Ld. Hatton; Not Guilty upon my Honour. Ld. Leigh; Guilty upon my Honour. Ld. Herbert of Cherbury; Guilty upon my Honour. Ld. Howard of Escrick; Guilty upon my Honour. Ld. Maynard; Guilty upon my Honour. Ld. Lovelace; Guilty upon my Honour. Ld. Deincourt; Not guilty upon my Honour. Ld. Grey of Wark; Guilty upon my honour. Ld. Brook, Guilty upon my honour. Ld. Norreys, Not guilty upon my honour. Ld. Chandos, Guilty upon my honour. Ld. North and Grey, Guilty upon my honour. Ld. Paget, Guilty upon my honour. Ld. Wharton, Guilty upon my honour. Ld. Ewer, Guilty upon my honour. Ld. Cromwell, Guilty upon my honour. Ld. Windsor, Not guilty upon my honour. Ld. Conyers, Guilty upon my honour. Ld. Ferrer, Not guilty upon my honour. Ld. Morley, Not guilty upon my honour. Ld. Mowbray, Not guilty upon my honour. Ld. Viscount Newport, Guilty upon my honour. Ld. Visc. Faulconberg, Guilty upon my honour. Earl of Conway; Guilty upon my honour. E. of Berkley; Not guilty upon my honour. E. of Maclesfield; Guilty upon my honour. E. of Hallifax; Not guilty upon my honour. E. of Feversham; Not guilty upon my honour. E. of Sussex; Guilty upon my honour. E. of Guildford; Guilty upon my honour. E. of Shaftesbury; Guilty upon my honour. E. of Burlington; Guilty upon my honour. E. of Ailesbury; Not guilty upon my honour. E. of Craven; Not guilty upon my honour. E. of Carlisle; Guilty upon my honour. E. of Bath; Not guilty upon my honour. E. of Essex; Guilty upon my honour. E. of Clarendon; Not guilty upon my honour. E. of St. Alban; Not guilty upon my honour. E. of Scarsdale; Guilty upon my honour. E. of Sunderland; Guilty upon my honour. E. of Thanet; Not guilty upon my honour. E. of Chesterfield; Not guilty upon my honour. E. of Carnarvan; Not guilty upon my honour. E. of Winchelsea; Guilty upon my honour. E. of Stamford; Guilty upon my honour. E. of Peterborough; Not guilty upon my honour. E. of Rivers; Guilty upon my honour. E. of Mulgrave; Guilty upon my honour. E. of Berkshire; Guilty upon my honour. E. of Manchester; Guilty upon my honour. E. of Westmoreland; Guilty upon my honour. E. of Clare; Guilty upon my honour. Earl of Bristol; Guilty upon my honour. E. of Denbeigh; Not guilty upon my honour. E. of Northampton; Guilty upon my honour. E. of Leicester; Guilty upon my honour. E. of Bridgwater; Guilty upon my honour. E. of Salisbury; Guilty upon my honour. E. of Suffolk; Guilty upon my honour. E. of Bedford, Guilty upon my honour. E. of Huntingdon; Guilty upon my honour. E. of Rutland; Not guilty upon my honour. E. of Kent; Guilty upon my honour. E. of Oxford; Guilty upon my honour. Ld. Chamberlain, Not guilty upon my honour. Marquess of Worcester; Not guilty upon my honour. D. of Newcastle; Not guilty upon my honour. D. of Monmouth; Guilty upon my honour. D. of Albemarle; Guilty upon my honour. D. of Buckingham; Guilty upon my honour. Ld. Privy-Seal; Guilty upon my honour. Ld. Precedent; Guilty upon my honour. Ld. H. Steward; Guilty upon my Honour. Prince Rupert Duke of Cumberland; Guilty upon my Honour. The Ld. H. Steward then declared, that upon telling the Votes, he found there were 31 that think the Prisoner Not Guilty, and 55 that have found him Guilty. Whereupon the Prisoner was brought to the Bar; and the Ld. High Steward informing him, the Lords had found him Guilty: He said, God's Holy Name be praised for it!— confessing it surprised him, for he did not expect it; and that he had only this to say for suspending of Judgement, That he did not hold up his Hand at the Bar, which he conceived he ought to have done; and that though he was tried upon the Act of 25. Edw. 3. yet there being nothing more in that Act, than what is included in the Act of the 13th of this King, he ought only to lose his Seat in Parliament, which was the Punishment there put down for a Peer; submitting to their Lordships, and desiring their Judgements in these Points. Then the Lords Adjourned into the Parliament-Chamber, and the Committee of Commons returned to their own House; and the Speaker having re-assumed the Chair, the whole Body of the House went, with their Speaker, to the Bar of the House of Lords, to demand Judgement of High-Treason against William Viscount Stafford, upon the Impeachment of the Commons of England in Parliament, in the Name of the Commons in Parliament, and of all the Commons of England. Then the Commons, with their Speaker, went back to their House. Then the Lords took into Consideration what Judgement was to be given, and it was moved that he might be beheaded. After some Debate the Judges were asked, Whether if any other Judgement than the usual Judgement for High-Treason were given upon him, it would attaint his Blood? The Judges were of Opinion, that the Judgement for High-Treason appointed by Law, is to be Drawn, Hanged, and Quartered; and in the Courts and proceed below, they can take no notice of any Judgement for High-Treason, but that. Then Sir Creswell Levinz, desired for the King (being his Attorney-General) to have that Judgement; because if any other were given, it would be prejudicial to his Majesty, and be a Question in the inferior Courts as to his Attainder of High-Treason. So it was ordered, that the ordinary Judgement should be pronounced upon him; Which (their Lordships and the Commons being returned, and the Court, sit) was accordingly by the Lord High Steward; he premising a short pithy Speech, wherein he acquainted him, that what he had said in Arrest of Judgement had been found by the Lords, to be of no moment at all: speaking to the certainty of the Plot, and of his share therein, advising now to consider how God had left him, and that he never leaves any but who leave him first. To think what kind of Religion it is, wherein he had been led to this; And to consider that true Repentance was never too late, moving him to give God the Glory, by a free Confession, etc. After Sentence pronounced, the Prisoner, desired his Relations and Friends might come to him. And the Lord H. Steward informed him that the Lords intended to become humble Suitors to his Majesty to remit all the Punishment but the taking off his Head. The Prisoner weeping, answered, That their Justice did not make him cry, but their Goodness. Then the Lord High Steward broke his Staff, and the Lords Adjourned into the Parliament-Chamber, and the Commons returned to their House, and the Prisoner, with the Axe born before him, with the Edge towards him (it being carried contrarily during his Trial) was sent back to the Tower. On Wednesday, December 29. 1680. About 10 in the Morning, he was brought to the Scaffold on Tower-Hill. And pulling off his Hat, he pulled a Paper out of his Pocket and read it, as his Speech (which the very same day, before two a Clock, came out in Print, as his Speech) and he delivered divers Copies, signed by himself, to Mr. Sheriff Cornish, and other Gentlemen about him. He then desired he might have liberty to pray in his own Way; which being granted, he kneeled down by the Block, and taking out of his Pocket another Paper, he read a Latin Prayer; which done, he gave the Paper to Mr. Sheriff Bethel; and then spoke to the People about the Scaffold to this effect: God bless you all, Gentlemen; God preserve his Majesty, He is as good a Prince as ever governed you; Obey him as faithfully as I have done; and God bless you all Gentlemen. Then he strip's himself to his Waistcoat, and after some few short private Discourses with his Friends, he laid down his Neck on the Block, and stretched himself. The Executioner being demanded by the Sheriffs, whether he had any Sign? he answered, No. Then the Prisoner raised up his Head, and said, He had no Sign to give, but the Executioner might take his opportunity; and laid his Neck on the Block again. After which, in a short time, the Executioner did his Office, by severing his Head from his Body, and holding up the Head in his Hand, carried it about the Scaffold, showing it to the People and saying Here is the Head of a Traitor. The Body was put into a Coffin, and conveyed to the Tower. The Arraignment and Plea of Edward Fitz-Harris Esq etc. at the King's-Bench Bar at Westminster, in Easter-Term, 1681. ON Wednesday, April 27. 1681. the Grand Juries for the County of Middlesex were sworn and after the Charge delivered by Mr. Justice Jones, His Majesty's Attorney General desired, That some of that Grand Jury which served for the Hundreds of Edmondton and Gore might be present at the swearing of the Witnesses, upon an Indictment for High-Treason, to be preferred against Edward Fitz-Harris Prisoner in the Tower of London, which was granted; But the Grand Jury being under some Scruples against receiving of the Bill, desired the Opinion of the Court therein; which Mr. Justice Jones alone thought not fit to give, but ordered them to attend next day when the Court was full. Accordingly on Thursday, April 28. the said Grand Jury came to the Bar, and Mr. Michael Godfrey (Brother to Sir Edmondbury Godfrey) who was their Foreman, requested the Court, that before they proceeded upon this Indictment, that this same. Fitz-Harris might be examined about his Brother's Death, of which he was supposed to know much, and presented a Petition, (which the Jury owned) which desired the Opinion of the Court, Whether it was safe for them to meddle with the Indictment of Fitz-Harris, because he was impeached by the Honourable House of Commons; which Impeachment being not received, it was voted by them in their House, That he should not be tried by any other Inferior Gourt?— To which the Ld. Ch. Justice Pemberton replied, that it was the Opinion of all the Judges, who had assembled to debate this Matter for their satisfaction, that they ought not to take notice of any of these things, but to proceed upon this Indictment according to the Evidence. After which the Jury went away, and found the Bill. On Friday April 29 Sergeant Stringer moved for an Habeas Corpus to bring up Fitz-Harris to be examined by the Court about the Death of Sir E. Godfrey; The Court granted the Writ, And said, he should be Arraigned upon the Indictment against him, and then they would examine him. On Saturday, April. 30. Edward Fitz-Harris was brought, with a strong Guard, to the King's-Bench Court; Where desiring to plead to the Jurisdiction of the Court, he put in his Plea; which was read, (the substance of it being, what the Grand Jury's Petition had expressed, about his being Impeached by the Commons) which not being sign'b by any Counsel, the Court refused; and upon his Request, assigned him Sir Francis Winnington, Mr. Williams, Mr. Pollexfen and Mr. Wallop, (giving to Wednesday, May 4.) to prepare his Plea. After which The Prisoner being carried away to be examined, was then returned to the Tower. On Monday, May 2. Sir Francis Winnington, and the other three of Counsel for Mr. Fitz-Harris came to the Bar, and moved the Court for an Explanation of the Rule concerning themselves, and the Business they were assigned for; Praying for longer time to draw up the Plea, and for a Copy of the Indictment; Both which were denied them. And, upon Mrs. Fitz-Harris's Motion, Sir William Jones, Sir Geo. Treby, and Mr. Smith were added to her Husband's Counsel; and leave given for a Solicitor to carry Papers to and: fro in the presence of the Lieutenant. Mr. Wallop desired Counsel might be assigned in his place, because of the shortness of the time allowed them; but it could not be granted. On Wednesday, May 4. the Prisoner appearing, put in his Plea; the which Mr. Attorn. Gen. Mr. Sol. Gen. Serj. Maynard, Serj. Jefferies Sir. Francis Withins, and Mr. Sanders (being the King's Counsel) used great endeavours to have overruled, without so much as hearing the Prisoners Counsel for the maintaining it; for that they said it was nought, because it produced no Record of his Impeachment, and did not specify what the High-Treason was for which he was Impeached; and that the King had Power to proceed on an Impeachment or Indictment for the same thing at his Election.— Nevertheless the Attorney General demurred, and the Prisoner joined in the Demurrer. And then, after much arguing, a Day was given to argue the Plea till Saturday, May. 7. At which time the Attorney General added to the Exceptions he took to the Plea, Whether a Suit in a Superior Court, can take away the Jurisdiction of the Cause, of the Person, and of the Fact, at the time of the Fact committed? To maintain the Plea, Mr. William's (of Counsel for the Prisoner) in a very long and learned Discourse, first spoke, stating the Prisoner's Case upon the Indictment, the Plea to the Indictment, and the Demurrer to the Plea: Alleging the Difference of an Impeachment from an Indictment; and offering some Reasons why this Court ought not to proceed upon this Indictment. Then answering distinctly, Mr. Attorney's Exceptions to the Plea; producing some Precedents, of this Court's Prosecution being stopped by Pleas to the Jurisdiction, showing what had been done upon those Pleas, What Doom they had: Laying before the Court the Right of the Commons to Impeach in Parliament; the Judicature of the Lords to determine that Impeachment, and the Method, and Proceed of Parliament, submitting it to them, how far they would lay their Hands on this Case, thus circumstantiated. Here the Ld. Ch. Justice declared, That all these Things were quite foreign to the Case, and the Matter in Hand only was, Whether this Plea as thus pleaded, was sufficient to protect the Prisoner, from being questioned in this Court, for the Treasonable Matter in the Indictment before them?— To which Mr. William's replied, That 'twas an hard matter for the Bar to answer the Bench. After which Sir Francis Winnington pleaded, That he conceived that it was confessed by the Demurrer, that there is an Impeachment by the Commons of England of High-Treason against Fitz-Harris, lodged in the House of Lords, Secundum Legem & consuetudinem Parliamenti. And that the Treason for which he was impeached, is the same Treason contained in the Indictment; So that now the general Question was, Whether an Impeachment for Treason, by the House of Commons, and still depending, were a sufficient Matter to oust the Court from proceeding upon an Indictment for the same Offence? Which he learnedly endeavoured to make good, by several Reasons as well as Precedents. Mr. Wallop pleaded next, on the same side; whose Province was to prove, That the Treason in the Impeachment, and in the Indictment, was the same, and that this was well averred in the Plea. Mr. Pollexfen pleaded, That a general Impeachment in Parliament, was a good Impeachment, and the Judges had declared so to the King and Council, concerning the five Popish Lords; who could not therefore be tried upon Indictments, so long as general Impeachments were depending for the same Treason; and that therefore this Plea was good, both as to Matter and Form, etc. In reply to vitiate the Plea, it was insisted on by Mr. Attorn. Gen. Mr. Sol. Gen. Serj. Jefferies, and Sir Francis Withens, (of Counsel for the King) that the Plea concluded not in the usual Form; That perhaps this Matter, if the Prisoner had been acquitted upon the Impeachment, might have been pleaded in Bar to the Indictment, but it was not pleadable to the Jurisdiction of the Court: That in the Case of the five Lords, the Indictments were removed into the House of Lords; and that the Judge's Opinion given at the Council-Board, was not a Judicial Opinion, nor did any way affect this Cause. After which the Ld. Ch. Justice thought fit not to give present Judgement, but to take time for Deliberation.— Whereupon the Prisoner was carried back to the Tower. And on Tuesday, May 10. Mr. Attorney moved the Court to appoint a Day for their Judgement on the Plea, and for Fitz-Harris to be brought up; which they appointed to be the next Morning. Accordingly on Wednesday Morning, May 11. the Prisoner being brought to the Bar, the Ld. Ch. Justice delivered the Opinion of the Court, upon Conference had with other Judges, That his Brother Jones, his Brother Raymond, and himself; were of Opinion that the Plea was insufficient, his Brother Dolben not being resolved, but doubting concerning it; and therefore awarded the Prisoner should plead to the Indictment; which he did, Not Guilty, and his Trial ordered to be the next Term. The Trial of Edward Fitz-Harris, at the King's-Bench Bar at Westminster, before the Lord Chief Justice Pemberton, on Thursday, June 9 1681. THE Prisoner then and there appearing, after several Challenges made for the King; the Jury sworn were, Thomas Johnson. Lucy Knightly. Edward Wilford. Alexander Hosey. Martin James. John Viner. William Withers. William Cleave. Thomas Goffe.. Ralph Farr. Samuel Freebody. John Lockier. To whom the Indictment was read; which was, for High-Treason, in conspiring the Death of the King, and subversion of the Government, the which Mr. Heath, Serj. Maynard, and Mr. Attorn. Gen. opened. And then Mr. Everard deposed, How the Prisoner was with him on Monday, Feb. 21. 1681. (having a little before been with him, to renew the Acquaintance which had been between them, while they were both in the French King's Service; and to persuade him to re-ingratiate himself into the French and Popish Interest); and gave him, by word of Mouth, Heads to write a Pamphlet to scandalise the King, raise Rebellion, alienate the Hearts of the People, and set them together by the Ears. Whereupon he acquainted one Mr. Savile of Lincolns-Inn, Mr. Crown, Mr. Smith, and Sir William Waller with it: And the next day Mr. Fitz-Harris coming again to his Chamber in Grays-Inn, he conveyed Mr. Smith into a Closet, (Sir William Waller failing to come) where he both saw and heard the Prisoner ask him, What he had done as to the Libel; and give him further Instructions about what to write, viz. That the King was Popishly Affected, and Arbitrarily Inclined. That King Charles the First had an Hand in the Irish Rebellion, and King Charles the Second did countenance the same, etc. That the People should therefore be stirred up to rebel, especially the City, etc. That the Day after, he coming again, he had conveyed Sir William Waller into the next Room, where he also might both hear and see, showing him to Copies of what he had drawn up, which he marked that he might know them again, and see what alteration would be made. That Fitz-Harris did them read one of the Copies, and amended it, adding some things, and striking out other things; saying, The Libel was to be presented to the French Ambassador's Confessor, and he was to present it to the French Ambassador; and that it was to beget a Difference here, while the French should gain Flanders, and then they would make no Bones of England; and that therefore the more Treasonable it was, the better it would do the Effect. For which Libel, the Witness was to have 40 Guinies, and a monthly Pension of some thousand of Crowns; and that he should be brought into the Cabal, where several Protestants and Parliament-Men came to give an Account to the Ambassador how things were transacted: Giving him half a Sheet, written by himself, of further Instructions; among which one was, That it was in the People's Power to depose a Popish Possessor, as it was to oppose a Popish Successor. That this Libel was to be drawn in the Name of the Nonconformists, and put upon them; which the Prisoner told him they would disperse they knew how. Then Mr. Smith being sworn, gave an Account at large, how he was conveyed by Mr. Everard into the Closet, and of what he saw and heard, as Mr. Everard had deposed. Sir William Waller also deposed what he had seen and heard, as was before deposed by Mr. Everard; adding, that he made a Report hereof to the House of Commons, and communicated the Paper to them who immediately proceeded to the Impeachment, which was for the same Treasons mentioned in this Indictment. Then the Paper was produced in Court, with Fitz-Harris's Amendments: And the whole Libel was read over; and Mr. Bridgman, and Sir Philip Lloyd swore, That Fitz-Harris owned his Handwriting before the Lords in Council. [The Passages inserted in the Indictment were these.] The Title was, The true English Man speaking plain English.— In the Book was as followeth. If James be conscious and guilty, Charles is so too; believe me, both these are Brethren in Iniquity, they are in confederacy with Pope and French, to introduce Popery and Arbitrary Government, as their Actions demonstrate. The Parliaments Magna Charta, and Liberty of the Subject, are as heavy Yokes they'd as willingly cast off, for to make themselves as absolute as their Brother of France. And if this can be prayed to be their Aim and main Endeavour, why should not every true Britain be a Quaker thus far, and let the English Spirit be up, and move us all as one Man to Self-defence? Nay, and if need be, to open Action, and fling off these intolerable Riders? And in another place it is said; J. and C. both Brethren in Iniquity, corrupt both in Root and Branch, as you have seen they study but to enslave you to Romish and French-like Yoke. Is it not plain? Have you not Eyes, Sense, or Feeling? Where is that old English noble Spirit? Are you become French Asses, to suffer any Load to be laid upon you? And if you can get no Remedy from this next Parliament, as certainly you will not; and that the K. reputes not, complies not with their Advice, then up all as one Man. O brave English Men! Look to your own Defence e'reit be too late; rouse up your Spirits. And in another place thus; I will only add, That as it is the undoubted Right of Parliaments to make a Law against a Popish Successor, who would prove destructive to our Laws and Liberties; so it is their undoubted Right to dethrone any Possessor that follows Evil Counsellors, to the destruction of our Government. In another place thus; Then let all be ready; then let the City of London stand by the Parliament with offers of any Money, for the maintaining of their Liberties and Religion in any extreme Way, if Parliamentary Courses be not complied with by the King. The Prisoner in his own defence to all this, called several Witnesses. Dr. Oats said, Mr. Everard told him the Libel was to be printed, and to be sent about by the Penny Post to the Protesting Lords, and Leading Men of the House of Commons, who were to be taken up as soon as they had it, and searched, and to have it found about them. He said, the Court had a hand in it, and the King had give Fitz-Harris Money for it already, and would give him more if it had success. Mr. Sheriff Cornish said, when he came from Newgate to the King, to give him an Account in what disposition he found the Prisoner to make a Discovery, the King said, He had had him often before him and his Secretaries, and could make nothing of what he did discover; that he had for near three Months acquainted the King he was in pursuit of a Plot, relating much to his Person and Government; and that in as much as he made protestations of Zeal for his Service, he did countenance and give him some Money; and that he came to him three Months before he appeared at the Council Table. Coll. Mansel said, That Sir William Waller gave him an Account of this Business, in the presence of Mr. Hunt, and others, at the Dog-Tavern, and said, that when he had acquainted the King with it, the King said, He had done him the greatest piece of Service that ever he had done him in his Life, and gave him a great many Thanks. But he was no sooner gone, but two Gentlemen told him, that the King said, He had broken all his Measures, and the King would have him taken off one way or other; and said, Sir William Waller said, the Design was against the Protestant Lords, and the Protestant Party. Mr. Hunt then confirmed the fame thing, and added, that Sir. W. Waller said, The Design was, to contrive those Papers into the Hands of the People, and make them Evidences of Rebellion. Mr. Sheriff Bethel said, That Everard, before ever he had seen his Face, or heard him speak a word, had put in an Information of Treason against him, at the instigation of his Mortal Enemy; which was so groundless, that though it, was three Years before, yet he never heard a word of it till last Friday. Mrs. Wall, after much shifting, only could be squeezed to say, that Fitz-Harris had 250 l. 200 l. or 150 l. for bringing in the Lord Howard of Escrick; adding, That he was looked upon to be a Roman Catholic, and upon that account it was said to be dangerous to let him to near the King, that he was never admitted to him. The Lord Howard then related, how the Prisoner was employed to introduce him to the Duchess of Portsmouth, where he met with the King; and that he interceded for the Prisoner with her. The Lord Arran said, That he and Fitz-Harris dined together the Day he was apprehended, and that he pulled out Papers, but he refused to read them: That he ever thought him of the best and loyallest Principles of any of his Religion. Mr. Secretary Jenkins said, He could not remember the King had ever employed him. The Lord Conway said, that the King had declared in Council, that Fitz-Harris had been employed by him in some trifling Business, and that he had got Money of him; but added, as of his own Knowledge, that the King never spoke with him till after he was taken, which was Feb. 28. last. Mr. Bulstrode was asked by the Prisoner, What Message he brought, and what proffer he made from the Court to his Wife? But to this he would say nothing, only that Fitz-Harris's Wife refused to be examined, unless the King would speak to her alone. The Duchess of Portsmouth would likewise own nothing concerning him, but that she had three or four times spoke to the King for him to get his Estate in Ireland; and that what Money he had had from her, was only for Charity. After this the Prisoner concluded his Defence, complaining of his hard Usage, professing his enmity to the French Interest; and that Everard knew the Design of that Libel was otherwise; concluding, that the Jury could not find him now Guilty, because of his Impeachment in a Superior Court. The Sol. General then summed up the Evidence; and Serj. Jefferies and the Ld. Ch. Justice gave the Charge to the Jury; who desired the Opinion the Court, since the Prisoner had been impeached, whether they were compellable by Law to give a Verdict in this Case upon him? To which The Ld. Ch. Justice said, That the Vote of the Commons, viz. That the Prisoner should not be tried in any other Inferior Court, could not alter the Law; and that the Judges of this Court had conference with all the other Judges concerning this Matter; and it was the Opinion of all the Judges of England, that this Court had a Jurisdiction to try this Man. After which Justice Jones was of Opinion, That if the Prisoner were acquitted on this Indictment, it might be pleaded in Bar to the Impeachment. Justice Dolben and Justice Raymond declared they were of the same Opinion. The Jury withdrew for half an hour, and then brought the Prisoner in Guilty. And on Wednesday, June 15. 1681. the Ld. Ch. Justice sentenced him to be Drawn, Hanged, and Quartered. Which was accordingly executed upon him, together with Plunket, at Tyburn, on Friday, July 1. 1681. The Trial of Dr. Oliver Plunket, Titular Primate of Ireland, before the Lord Chief Justice Scroggs, at the King's-Bench Bar at Westminster, on Wednesday, June 8. 1681. ON May the 3d. 1681. the Prisoner was there Arraigned, upon Indictment of High-Treason, for Conspiring the Death of the King, and to levy War in Ireland, and to alter the Religion there, and to introduce a Foreign Power. To which he urged, that he had been arraigned for the same Treason in Ireland, and at the Day of his Trial the Witnesses against him did not appear. But the Court showed him the invalidity of that Plea, because he had never yet undergone any Trial; therefore he Pleaded Not Guilty. On Wednesday, June 8. following, he was again brought to the Bar, and still urged for more time, because he pretended he had not yet got over all his Witnesses, and some Records from Ireland; But he having already had five Weeks, the Court would not hearken; and therefore the Jury sworn, were Sir. John Roberts, Thomas Harriott, Henry Ashurst, Ralph Bucknall, Richard Gowre, Richard Pagett, Thomas Earsbie, John Hayne, Thomas Hodgkins, James Partherich, Samuel Baker, William Hardy. To whom the Indictment being read, the same was opened by Mr. Heath, Serj. Maynard, and Mr. Attorney General. And then Florence Wire being sworn, deposed, That he knew there was a Plot in Ireland, both before Plunkets time, and in his time; which was working in 1665 and 1666, but was brought to full maturity in 1677; then Col. Rely and Col. Bourne being sent from the French King into Ireland, with a Commission to muster as many Men as they could; promising to send an Army of 40000 Men to land at Carlingford on St. Lewis-day, to destroy all Protestants, and set up the French King's Authority. And one Edmond Angle, a Justice of Peace, and Clerk of the Crown, sent for all the Rebels abroad in the North to come up into the County of Longford; and they marched into the head Town of the County, and fired it; the Inhabitants fled into the Castle; but Angle being shot, the Rebels fled, and carried with them all the Papers Angle had in his Pocket. Hereupon Col. Bourne became suspected, and was imprisoned, and Col. Rely fled into France, and the Plot lay under a Cloud, till the Prisoner came to be Primate, which he got by the French King's help, upon his promising to prepare things in Ireland for his Interest: and that about 10 or 11 Years ago, in the first Year of his Primacy, when the Prisoner came to the Friary at Armagh, (he being there) one Quine told him, That they thought Duffy would have been Primate; said he, 'tis better as it is, for Duffy hath not the wit to do those things that I have undertaken to do.— That he had heard the Prisoner own himself to be made Primate by the Pope; and that he writ himself Oliverus Armacanus' Primate & Metropolitanus totius Hiberniae; and had made Warrants sub paena suspensionis, for his Priests to pay Money for to supply the French Army; and to let him know how many there were in all their Parishes from sixteen to sixty. And that he had seen him going from Port to Port; and that he pitched on Carlingford as most convenient for the French to land at. Henry O-Neal deposed, That in August, 1678, Bishop Tyrril came with 40 odd Horsemen to Vicar-General Brady's House, where he gave them all the Oath of Secrecy to forward the Plot against the Protestants, whom he said, they would make an end of, from end to end, in Ireland in one hour; and that he should have an Order for it from the Lord Oliver Plunket; and that he and Plunket had sent Money into France to get Men, and to bring them into Ireland. Neal O-Neal deposed the same, he also being at that time at Vicar Bradey's House, being August 21. 1678. Owen Murfey, only swore, That Lieutenant Baker told him, That Mr. Edmond Murfey did discover the Plot to him, that there was a Design to bring in the French; but of his own Knowledge he could say nothing. Hugh Duffy deposed, That he had seen several of the Prisoner's Orders to raise Money, and had collected some for him (being Curate of Cogham and a Friar) and had, by his Order, returned him also a list of the Age of every Person in his Parish, from 16 to 60; and that he accompanied him, when he viewed the Port of Carlingford, which he thought most convenient for landing the French; and had seen his Letter in France to Cardinal Bovillon, that he should prevail with that King not to invade Spain, but rather wage War with the King of England, who had been an Apostate, and help their poor Country that was daily tormented with Heretical Jurisdiction. That he was present at a great Consult near Clouds, where the Prisoner was Chief; and gave special Order for a List to be got of all the Officers in the late Rebellion, and that lost their Estates, because they would be more forward in this Design. That he himself was forward herein, till he had been in France in 1677, and there seeing the slavery of the French People, he thought it were better the Devil should reign over them, than the Frenchman. Edmond Murfey hesitated much in giving his Evidence, though he had given it in the fullest of any to the Grand Jury, but afterwards he ran away, and was found at the Spanish Ambassadors; though he owned that the Prisoner was to get 60 or 70000 l. for the establishing Popery. But because he fenced in his Evidence, the King's Counsel desired he might be committed, which was done accordingly. John Mac-Legh, a Parish Priest in the County of Monagham in Ireland, deposed, That the Prisoner had received several Sums of Money there, and he had raised and paid him some, for Arms and Ammunition for the Papists: That he was at Vicar Bradey's House when Bishop tyrril came thither. And that in France he had seen the Conditions upon which the Prisoner was made Primate, which was to raise Men to join with the French, to destroy the Protestant Religion. John Moyer, a Regular Priest, and Begging Friar deposed, That in 1672, he met with a Letter of the Prisoners in Caprennica, directed to the Secretary of the College, De Propaganda Fide, which he opened and copied, (producing the Copy) wherein was said, That 'twas more proper for the Catholic Princes to agree together to extirpate Heresy, than to vary among themselves; that now was the time: for there were 60000 Men ready to rise upon such an Invasion. That in 1674, when he came into Ireland, he told the Prisoner of this Letter, and that he had seen it, who thereupon prayed him to be secret; for what he did, was not for his own Good, but for the public Good of the Catholics; who proffered him high Promotions, if he would further the Design. That he was at a Consult afterwards, where the Primate, Bishop Tyrrel, and others were, where they concluded to send Capt. Con O-Neale to France and Barcelona, with certain Instruments, wherewith the Captain shortly went; and the two Bishops undertook to view Munster and Ulster, and that this was in 1676. To all this the Prisoner only protested his Innocency, complaining that his Witnesses, and some Records he had not had time to procure; and that the Jury were Strangers to him, and the Witnesses; and that by being brought out of his Country, his Life was in danger, where these Witnesses would not have been believed against him. Then Mr. Solicitor General, and Serj. Jefferies, having summed up the Evidence, and the Lord Chief Justice giving the Charge, the Jury withdrew for a quarter of an Hour, and then brought the Prisoner in Guilty. And on Wednesday, June 15. after the Prisoner had pleaded the same things over again, and informed the Court that now his Witnesses were come as far as Coventry; being showed the insufficiency of such a Plea, after so long time the Court had given him before his Trial, the Lord Chief Justice sentenced him to be Drawn, Hanged, and Quartered. Which accordingly was execcuted upon him (together with Fitz-Harris) at Tyburn, on Friday, July 1. following. The Trial of Sir Miles Stapleton, at the Assizes at York, on Monday July the 18th, 1681. THen and there the Prisoner appearing, having been arraigned, and pleaded Not Guilty to Indictment of High Treason, for conspiring the Death of the King, and Subversion of the Government and Protestant Religion; after several challenged on both sides, the Jury sworn, were, Sir Barrington Boucher, Kt. Sir John Jennings, Kt. Richard Hutton, Esq Welbrough Norton, Esq Tobias Hodgson, Esq John Beverly, Esq Anth. Frankland, Esq John adam's, Esq Francis Battery, Esq Francis Fuldgam, Esq Humphrey Brooke, Esq Thomas Lee, Esq To whom the Indictment being read, and then opened by Sir Thomas Stringer (of Counsel for the King in this Cause) the King's Witnesses were, Mr. John Smith, who being sworn, told what he knew of the Plot in general (much like what he related at the Trial of my Ld. Stafford, to which the Reader is referred:) As to what he knew of the Plot in Yorkshire was, that while he lived with Mr. Jennison, Mr. Thwing the Priest, who had suffered as a Conspirator, much persuaded him to entreat Mr. Jennison to send his Daughters to Dolebank, where a Nunnery was to be erected; and he knew several that were there. That he told him Sir Miles Stapleton was very zealous for promoting Popery, and had contributed largely to it; and was engaged with several others for making a Founder for Dolebank. Then Mr. Robert Bolron deposed his Knowledge of the Plot, just as he had done before at Thwing's Trial, charging the Prisoner to have been at that Consult at Barnborow-hall in 1677, and thereat promised to give 200 l. towards the kill of the King; It being then resolved to be done, and Pickering mentioned to do it; and it was said, that if the D. of York did not please, they would serve him as they would serve his Brother.— That one Sherborn told him that Sir Miles was to be a Privy-Councellour, and that they would procure the Duke's consent to it.— That he was also at a Consult at Barnborow, June the 13th, 1678. and there it was agreed upon taking of Hull, the letting in of the French there; discoursing that the Ld. Bellasis had caused the Blockhouses to be almost ruined, that the French might more easily come in, and they had all Pardons for their Sins; and that he had seen a collusive Conveyance of the Prisoner's Estate. Then Mr. Laurence Mowbray deposed, that Sir Miles was at the Consult in 1676 at Rushton's Chamber, where Rushton gave him the Oath of Secrecy, and he promised to be true to the Design, and would venture his Life and Estate for the promoting of so good a Cause. Then Mr. Bayns was sworn; who only deposed that he had seen Sir Miles at several meetings at Barnborough-hall, but knew nothing of what was discoursed thereat. Then Sir Miles Stapleton began his Defence protesting his Innocency, and having cross examined only Bolron, he called Mr. Lowther to prove he did not accuse him, when he was examined by him; Yea, Mr. Lowther said, he told him that he knew nothing against Sir Miles, but believed he was clear. But afterwards he told him that Mowbray could accuse him, and of what; which Bolron denied both. Then Sir Thomas Yarbrough testified that Bolron told him also, Aug. 10, 1679. that he knew nothing of Sir Miles' being concerned in the Plot, but believed him to be a very honest Gentleman; only he knew he had made a collusive Conveyance of his Estate, as most Papists he believed had done, for Security.— Bolron denied this, and deposed that he accused Sir Miles to the Council, not in his first, but second Information, which was after the 10th of August. The Lady Yarbrough then gave in the same Testimony with her Husband. Mr. Normanton testified that in June 1679. Bolron told him that Sir Tho. Gascoigne would give 1000 l. for killing the King, and the Lady Tempest would have hanged him for breaking a Trunk, but now he would be even with her: and that Sir Miles Stapleton kept Priests in his House, but he would apprehend them presently, for he might have 20 l. apiece for taking of them. Richard Pears, Sir Miles' Man, testified, that three or four days after his Master was taken into Custody, Bolron asked him if they did not blame him for accusing his Master? and he saying he did not hear him named; said he, it was not him, but I must not tell who it is; and said he would have gone to have seen Sir Miles, but I think (said he) he does not know me. Then one Stephen Tompson declared some threatening Words of Bolrons against Sir Thomas Gascoigne, that he would do him some ill turn; but it not concerning the Prisoner, the Court would not admit it. The Lady Vavasor said, she believed her Husband was not at Barnborow in any part of the Year, because he was infirm at York (Bolron having sworn that Sir Walter Vavasor was one at that Consult) but this was not judged a conclusive Evidence. Then Mr. Leggat said that he had heard Bolron say, he knew nothing against Sir Miles Stapleton. And Mrs. Elizabeth Holmes said, that Bolron meeting her in London, said he heard she was to be a Witness against him at York, but if she would be kind to him, he would be so to her, and speak as favourably as he could; and he said, if he had known he should have been no better rewarded, he would never have been a Witness; the Devil should have been a Witness as soon as he. Then Edward Cooper told what he heard Mowbray say, (as before in Thwing's Trial) but the Court observed that being before his Discovery, and while he was a Papist, and on the Highway, it could not be material. Then Madam Sherborn testified that Bolron and Mowbray came to her house, under a pretence to search for Priests, and Bolron took away several parcels of Silver with him.— But the Court would not suffer such Evidence; besides that Mowbray deposed it was only Chalices and other Popish Trinkets. After this the Counsel for the King called one Dixon, who swore that he had 40 s. proffered him to be a Witness for Sir Tho. Gascoigne in Novemb. 1679. Then Mr. Wilson deposed that Mr. Babbington, Solicitor for Sir Miles, would have given him 10 l. and Hickeringil proffered him 10 l. to have been a Witness for Sir Miles. Then Christopher Langley deposed also that Wil Batley and John Ross proffered him two Oxen and ten Sheep to witness for Sir Miles those things they should direct him. Richard Corker deposed, that he was by, and heard that very proffer made to Langley. Then Mr. Baines deposed, that Mrs. Holmes proffered him 60 l. per annum, and Mrs. Hewit said she would give him more, if he would say nothing against Sir Miles. After this Mr. Justice Dolben summed up the Evidence, and Baron Gregory proceeded to do the same, and then the Jury withdrew for half an hour, and gave in their Verdict, Not Guilty. The Trial of George Busbie Priest, at the Assizes at Derby, on Monday July 25, 1681. HE then and there appeared, and having been Arraigned, he now refused to plead; in stead thereof, presenting a Petition to the Court, showing, that he was committed to the Goal in March last, for being a Popish Priest, and that having obtained his Habeas Corpus to be removed to London, the Under-Sheriff then dying, the Habeas Corbus was not executed; Praying therefore that he may be removed to the King's-Bench, that he may have time to make his Defence, he depending upon his Habeas Corpus, his most material Evidence to clear him, and to prove his being an Alien, being then in London, etc. But the Grand Jury having found the Bill, the Court told him they must proceed, and he was then Indicted, as a Romish Priest and Jesuit, upon the Statute of 27 Eliz. cap. 2. To which Indictment he excepted, because it was not said therein that he took Orders beyond Sea; But he was informed that his taking Orders any where, from the Authority of the Bishop of Rome, was Sufficient. He then pleaded not Guilty, and challenged of the Jury, near the Number allowed by the Law. Those Sworn were, Samuel Ward, Gent. Thomas Wilson, Gent. John Steer, John Ratcliff, Ed. Wolmesly, Gent. William Horn, Gent. George Tricket, Gent. Jeremiah Ward, John Roper, John Creswel, Gent. Edmund Woodhead, and Anthony Bowne. To whom the Indictment being read, Mr. Bridges, of Counsel for the King in this Cause, opened the same; and Mr. Coombes, another of the King's Counsel, opened the Evidence. And then Mr. Gilbert, a Justice of Peace for the County of Derby was called, and Sworn, who deposed that he lived within 2 Miles of Mr. Powtrells' house at West-Hallam, where Busbie was took, and whose Wife was Busby's Niece, and had heard for 6 or 7 Years that he was a Priest, and when the Plot broke out, that he was a Person concerned, as appeared by a Warrant from the Lords of the Council, for his Apprehension, which he received March 22, 1678. (which he producing, was read in the Court) and on the Monday following searched Mr. Powtrells' House for him, but could not find him, though afterwards he was informed that he was then in the House. In (1679) Mr. Powtrel travelling, it was reported Busbie was gone with him beyond Sea, though he still remained in that House; and last Christmas he was informed, that he was seen in Corn-Harvest, walking in the Garden with one Anne Smally a Widow; which caused him to search again for him in March last, when this Smally assured him, he had been out of England two Years; yet he then found in Busby's Chamber Popish Vestments, a Surplice, Wafers, an Altarstone, etc. but could not find him. About a fortnight after he searched again for him, surprising them at one in the Night, but could have no admittance till they broke open the door; and going into Busby's Chamber, he found the fire had been lately extinguished, and the Bed-Clothes laid in confused heaps on the bed, some part of them warm, and some cold; but the featherbed quite cold, till feeling underneath, he found it warm, and that it had been turned; which assured him, that the Priest was in the House; but the Persons in the house denied it, and only jeered them, for searching for a Person that was beyond Sea; and those that were without though they heard a trampling, and directed the Searchers within to the place; yet they were from one till after 10 next Morning before they could find him; Which at last they did in a little hole under the Tiling, whence they carried him to Derby; and Mr. Gilbert having took his Examination, committed him to Goal on March 16th, and sent Word to the King and Council of what he had done. The Prisoner than pleaded his being an Alien, born at Brussels, his Father removing his Family thither, during the Troubles, but the Act for Naturalisation was read to him, and he thereby judged a Natural-born Subject. Then Joseph Dudley deposed, that he was a Servant to Mr. Powtrel, and had known the Prisoner above six Years, and had heard him say Mass, Preach, Pray, Catechise and christian; and seen him in his Robes, and that he used to keep fast the Doors, though a Protestant; and that he had owned himself a Jesuit to him, and that Mr. Evers, the Lord Aston's Priest, was his Tutor.— And that he had heard him tell how his Mother's house was Plundered at Coddington in Oxfordshire, and how he hide himself in the Curtains being two Years old; and in the Garden-Hedge, when he was five Years old, for fear of the Soldiers; and that soon after his Mother went beyond Sea, where she had several Children.— That he endeavoured to subvert the Witness, who seemingly did comply, and was therefore entrusted. Then to prove him further a Priest, Mr. Gilbert, produced his Account-Book which he had took; which testified him to have been Procurator for the Jesuits, and to have received Rents of their Lands, from (73) till (77) and to have disbursed great sums of Money, and to have had deal with Gawen, Harcourt, Turner, Ireland, Pool, Bennet, Heaton, Thomson, and others of the Society; and produced his Popish Garments, and Trinkets; which one Mr. Sheppey, a Minister, that had formerly been a Popish Priest, explained the names and use of to the Court. Then Thomas Hovis deposed, that this Busbie persuaded him to be a Papist, being about to marry a Papist's Daughter, whom otherwise he could not have; and that he gave him Absolution, and married him; and that he had heard him say Mass several times in his Robes, and preach thrice; and had received the Sacrament from him, and had a Child baptised by him; naming where, and who were Sureties. Elizabeth Evans deposed, that she had seen him say Mass in his Priestly Habit; and been Confessed by him, and received the Sacrament from him, and was Godmother to a Child baptised by him. Dorothy Sanders deposed the same; and shown how he used to elevate the Host; only she never saw him baptise. Sarah Clark deposed to the same purpose; she being the Person that carried Houis' child to be baptised by him.— There were three or four more Winesses ready to have deposed the like; but the Evidence being so full, the Court waved them. The Prisoner in his own Defence, urged, that the Witnesses swore to what they did not understand; their Service being in Latin; and as for the Vestments they were only kept as Monuments; and that Lay-Men might wear them, as well as Priests; which was attested by Robert Needham, whom the Prisoner called.— And Mr. Charles Vmphrevil testified that he had heard Mr. Busby's Mother and Brother say, that he was born at Brussels, and that he had an Affidavit from the Register at Coddington of all their Children born in England, and the Prisoners name is not in the Register. Mr. Ed. Mayo, affirmed that he had searched the Register there, and could not find the Prisoners name, relating the Disappointment Busbie had of his Habeas Corbus; ●●t the Court judged nothing of this material, 〈◊〉 ●he Prisoner notwithstanding insisted upon his being an Alien, and that it was only Family-duties the Evidence heard him read, and had done nothing but what a Layman might do, and that therefore the Indictment had not been proved. Then Baron Street caused the Statute of 27 Eliz. Cap. 2. to be read, and summed up the Evidence; showing withal the invalidity of his Defence. After which the Jury withdrew for a short space, and then brought the Prisoner in Guilty. And then Baron Street having told him, that the King had commanded him to be Reprieved from Execution, pronounced Sentence upon him, to be Drawn, Hanged and Quartered. The Trial of Stephen College Carpenter, at the Courthouse in the City of Oxford, on Wednesday August 17th, 1681. Present, Lord Norreys. Present, Ld. Chief Justice North. Present, Mr. Justice Jones. Present, Mr. Justice Raymund. Present, Mr. Justice Levyns. HIS Indictment was for High-Treason in Conspiring the Death of the King, the Levying of War, and the Subversion of the Government. Which being read, he desired ●…py of the Indictment, and of the Jury that 〈◊〉 to pass upon him, and that he might have Counsel assigned him, to advise him, Whether he had not something in Law pleadable in Bar of this Indictment? Desiring also to know upon what Statute he was Indicted? and that his Papers (which contained Directions for his Defence) might be restored him, which were taken from him just before he was brought to Court. Which he much insisting on, the Court demanding an Account from him, where he had those Papers? He told them, that he had them not all from one Person; they were received from his own hands some of them in the Tower; and being brought back to him, they were taken away from him. He then again was urged to plead; which (after many and earnestly repeated Entreaties for his Papers) he did, Not Guilty. Then Mr. Attorney General gave the Court an Account concerning his Papers, that when he came to Prison he had none; but that Mr. Aaron Smith (the Messenger informed him) delivered them to him: Wherefore the Papers being perused, and most of them disallowed by the Court, Mr. Smith and Mr. Starkey were called; the latter did not appear, but the former did; who being demanded if he gave Mr. College those Papers? refused to accuse himself; and so the Court took a Recognizance of 100 l. of him to attend the Court during the Session. And Mr. Henry Starkey was sent for to be took up, the Gaoler swearing against him, that he would have bribed him with four Guinies to be favourable to College, which he refused: And the Papers (what was not judged scandalous to the Government of them) were ordered to be delivered to the Sheriff's Son, for Mr. Colledge's perusal, and the use of the King's Attorney, as he thought fit. Then the Court was adjourned till Two in the Afternoon: When being met again, Proclamation was made for Attendance, and for the Under-Sheriff to return his Jury. Whereof Richard Croke, Thomas Marsh, Edward Aryes, William Aryes, Richard, Aryes, Richard Dutton, John Nash, and William Webb, were challenged by the Prisoner. Thomas Martin did not appear, and Gabriel Merry (being almost 100 Years of Age) was excused. Those therefore which served, were, Henry Standard. William Big. Robert Bird. John Shorter. William Windlow. Charles Hobbs. Roger, Browne. Timothy Doyley. Ralph Wallis. John Benson. John Piercy. John Lawrence. To whom the Indictment being read, Mr. North, and Mr. Attorney General, proceeded to open the Charge; the latter being several times interrupted by the Prisoner, not failing to reprove him home for so doing. Then the first Witness produced against him was, Mr. Stephen Dugdale, who deposed, That he having been acquainted with Mr. College about two Years, had oft heard him rail against the King, saying, That he was a Papist, (because he did not prosecute the Papists as he thought, sufficiently) and that he was as deep in the Plot as any Papist of them all; and that he had a hand in Sir Edmondbury Godfry's Death. That there was nothing to be expected from the King, but introducing of Popery and Arbitrary Government: That there was no Trust to be put in him, but it was the People we must trust to: And we must look to arm ourselves, and that he would Arm himself and be here at Oxford, having several stout Men (particularly Capt. Chinton, Capt. Browne, and one Don Lewis) that would stand by him, in case there should be a Rising, which he expected, at Oxford, if the King and Parliament did not agree. College giving Mr. Dugdale in London, before his coming to Oxford, as much Ribbon as came to forty Shillings, with, No Popery, No Slavery wrought in it, to distribute among his Friends in the Country, that they might be known by other Persons that would wear the same. And that at London, being once in a Coffeehouse with Mr. College, and with some of the Members of the House of Commons, a little before they met, talking of the Parliament at Oxford, and of some Disturbance that was likely to happen there; it was then fully agreed, that it would be the best way, out of every County, where the Parliament had the best Interest in the People, to leave one in every County that might manage the People. And that at Oxford, when Mr. College perceived that the King would not yield to the House of Commons, he said, Let him begin as soon as he would, he did not care how soon, for their Party was but an Handful to him and his Party, (meaning the Dissenters) calling them the True Protestants, and the Church of England only Protestants in Masquerade. And that Day the King went out of Town, presently after he went, Mr. College said to him, in the Barber's Shop that is just within the Angel-Inn, that Rowley (meaning the King) was gone, the Rogue was afraid of himself, he was shirked away. Then Mr. Dugdale produced some Papers whereof he affirmed that Mr. College had owned himself to be Author; as the Letter pretended to be intercepted to Roger Le Strange; the Rary-show, and Character of a Popish Successor; which were read and explained in the Court. And then one Stevens (being sworn) deposed, % % that he found the first draught of the Rary-show in Mr. Colledge's Bedchamber, when he came to search his Papers, by Order of Council; and that the Printer that printed the Ballad, had told him since, he had it from him, which likewise Atterbury and Sawel affirmed; but the Paper being looked for in the Court, could not be found. Then Mr. John Smith was sworn, who deposed that he was intimately acquainted with Mr. College, and that going to dine with him at Alderman Wilcox's, he being a Stranger, asked what the Alderman was, and College told him, he was a Man as true as Steel, and a Man that would endeavour to root out Popery; to which he replied that that might be done easily, if he could but prevail with the King to pass the Bill against the D. of York; he answered No, No, he was mistaken; for Rowley (meaning the King) was as great a Papist as the D. of York, and every way as dangerous to the Protestant Interest, as was too apparent by his Arbitrary ruling. And afterwards in the Tavern where they dined, he ask him the second time (before the Alderman came) what kind of Man he was; he said he was one that lived in his Countryhouse, and gave freely to several People to buy Arms and Ammunition, to bring the King to Submission to his People; adding, that he wondered old Rowley did not consider how easily his Father's Head came to the Block, which he doubted not would be the end of Rowley at the last. And after dinner, all departing, College told him, if he would go with him to his own house, he should see how he was prepared with Arms and Provision. And soon after dining with him, he shown him his Pistols, his Blunderbuss, his great Sword, his Armour, Back and Breast, and his Head-piece, which was covered (as he remembered) with Chamlet, and was a fine thing; College telling him that these were the things which would destroy the pitiful Guards of Rowley, that were kept up contrary to Law and Justice, to set up Arbitrary Power and Popery. And a little before the Oxford-Parliament met, he meeting College again, and discoursing several things, College told him what Preparations the City were making, how they were provided with Powder and Bullets; and that he would go down to Oxford expecting a little sport there, upon the Divisions that were like to be between the King and Parliament; and that he would be one that would seize the King, if he should seize any of the Members, as he expected he would. And again, meeting the Prisoner after his return from Oxford, he told him that he went thither in expectation of some sport, but old Rowley was afraid, like his Grandfather Jamy, and so ran away like to beshit himself: And that Fitz-Gerald and he had had a quarrel at the Parliament door of the House of Lords at Oxford, that Fitz-Gerald had called him Rogue, and made his Nose Bleed; but before long that he hoped to see a great deal more Blood shed for the Cause. And after this, when there was a Discourse of disarming the City, and that the Ld. Feversham was to come to do it, he said, That he was well provided, and that if Feversham, or any Man, nay Rowley himself, should attempt any such thing, he would be the Death of him, before any Man should seize upon his Arms; desiring him to get Arms for himself too: because he did not know how he might make use of them; accordingly he had an Armour from him upon Trial, which he said cost him 30 or 40 s. but it proving too big, he returned it, and bought him a new one. Next to him Bryan Haynes was sworn, who deposed likewise that he had been acquainted with Mr. College ever since March last, before the sitting of the Parliament at Oxford: For there being a Warrant against him for High Treason, he made his Application to College, and desired him to go to a certain Person of Honour in England, and ask his advice, Whether he might not supersede the Warrant by putting in Bail, and carry the Supersedeas in his Pocket: Mr. College told him he would go to this Person of Honour, for he would do nothing of his own head, and he bid him come to him the next day; which accordingly he did, and asked him what was the result, and what advice he had from that Person of Quality? he bid him be of good cheer, that the Parliament would be, and sit at Oxford soon, and that he should not value the King a pin, for that the King was in a worse Condition than either of them; and he should see that he should be called to an Account for all his Actions; for all the World might see that he did resolve to bring in Arbitrary Power and Popery; and that unless he would let the Parliament sit at Oxford, since he had called them together, and put the People to Charges in choosing them, and them in coming down, he should be seized at Oxford, and brought to the Block, as was the Loggerhead his Father. That the Parliament should sit at Guildhall, and adjust the Grievances of the Subject, and of the Nation; and that no King of his Race should ever Reign in England after him. And unless the King did expel from his Council the Earl of Clarendon, cunning Lory Hid, the Earl of Hallifax, (that great turncoat Rogue, that was before so much against the Papists; a Rascal, whom we should see hanged, and all the Tory Counsellors) England should be too hot for him. That for this End there was in the City 1500 Barrels of Powder, and 100000 Men ready at an hour's warning; and that every thing was ordered in a due Method against the sitting of the Parliament at Oxford. And that he should see England the most glorious Nation in the World, when they had cut off that beastly Fellow Rowley, who came of the Race of Buggers; for his Grandfather King James buggered the old Duke of Buckingham. Railing then at Judge Pemberton, saying, Let him try Fitz-Harris if he dare; I shall see him go to Tyburn for it, I hope, a turncoat Rogue. That he was for the Plot whilst he was puisne Judge, but now he was Chief Justice, he was the greatest Rogue in the World; even like one of the Pensioners in the Long Parliament. That the Prisoner would moreover have put this Informant upon charging the King With the firing of London, and the Murder of Sir Edmondbury Godfrey; telling him, that such and suck Lords should live and die by him, and that he needed not to fear, but that England should espouse his Cause. And discoursing then of the Libel of Fitz-Harris; The Devil take me, said College, every individual Word is as true as God is in Heaven; and that if the Informant did not join with Fitz-Harris in his Evidence, and charge the King home, he was the basest Fellow in the World, because he made them Slaves and Beggars, and would make all the World so; and that it was a kind of Charity to charge him home, that we might be rid of such a Tyrant. He deposed further, That he also received a blue Ribbond from Mr. College; whom meeting after he came from Oxford, he asked, Where now were all his Cracks and Brags, for that the King had fooled them? who answered, That they had not done with the King yet, though they could do nothing then; for that no Servant, no Man living did know whether he would dissolve the Parliament that Day: That he was that very nick of Time at the Lobby of the Lords House; and there was a Man came in with a Gown under his Arm, and every one looked upon him to be a Tailor; and no Body did suspect, no not his own intimate Friends, except it were Fitz-Gerald, that he would Dissolve the Parliament that Day. But presently he put on his Robes, and sent away for the House of Commons; and when he had dissolved them, before ever the House could get down, he took Coach and went away, otherwise that the Parliament had been too hard for him; for that there was never a Parliament-Man, but had divers armed Men to wait on him; and that he had his Blunderbuss and his Man to wait upon him. The next Witness against Mr. College, was Mr. Turbervile, who (being sworn) deposed, That when the Parliament sat in Oxford, about the middle of the Week, he dined with Mr. College, Capt. Brown, and Don Lewis Clerk of Derby-House, at the Chequer-Inn in Oxford. After Dinner Don Lewis went out about some Business, and Capt. Brown went to sleep; and Mr. College and he fell a talking of the Times; and he was observing, he thought the Parliament was not a long-lived Parliament: Whereupon Mr. College answered, That there was no Good to be expected from the King, for he and all his Family were Papists, and had ever been such. Then said Turbervile, the King will offer something or other by way of surprise to the Parliament. Said College, I would he would begin; but if he do not, we will begin with him and seize him, for there are several brave Fellows about this Town that will secure him, till we have those Terms that we expect from him; adding, That he had got a Case of Pistols, and a very good Sword, and a Velvet Cap: Giving Turbervile a piece of blue Ribbond to put in his Hat, to be a distinction if there should be any disturbance. Then Mr. Masters was sworn, who deposed, That he and College had been long acquainted: And that a little before the Parliament at Oxford, about Christmas after the Parliament at Westminster, at Mr. Charlton's Shop, the Wollen-Draper in Paul's Churchyard, discoursing with him about the Government, he was justifying of the late Long-Parliament's Actions, in Forty: He said, That that Parliament was as good a Parliament as ever was chosen in the Nation; and that they did nothing but what they had just cause for; and that the Parliament that sat last at Westminster was of their Opinion, and so he should have seen it. And that another time, he calling him, in a jocose way, Colonel; College bid him mock not, for he might be one in a little time. Then Sir William Jennings being sworn, deposed, That College gave him one time a Picture; and another time he saw him bring into a Coffeehouse a parcel of blue Ribbond, with, No Popery, No Slavery wrought in it; and sold a Yard of it there to a Parliament-Man (as he took him to be) for 2 s. who tied it upon his Sword. And that on that very Day the Parliament was Dissolved at Oxford, he came to him, standing in the School-House-yard, telling him, Mr. Fitz-Gerald had spit in his Face, and that he spit in his Face again, and that so they went to Logerheads together; and that upon Sir William's telling him his Nose bled, he said, I have lost the first blood in the Cause, but it will not be long before more be lost. The Evidence for the King here ending, Mr. Serj. Holloway, briefly explained to the Jury, that the seizing the Person of the King, was, in Law, a compass and intending his Death, as it was worded in the Indictment; which therefore they ought so to understand. Then Mr. College desired to be resolved these Questions upon the Evidence which he had heard. 1. Whether any Conspiracy (for which his Indictment was) had been herein proved? 2. Whether there ought not to be two Witnesses distinct, to swear words at one and the same time? And, 3. Whether any Act of Treason done at London, shall be given in Evidence to prove the Treason for which he was now Indicted, and which was given in Evidence before the Grand-Jury, upon the Trial was there grounded? To the first, the Ed. Ch. Justice replied, That a Conspiracy was proved (if the Witnesses speak Truth) by his publishing Libels and Pictures to make the King odious and contemptible in the Eyes of the People, and his being the Author of some of them, and they being found in his Custody. To the Second it was answered, That the Resolution of the Judges in my Lord Stafford's Case, is contrary; There being two Witnesses to an Indictment of Treason, though there be but one Witness that proves one Fact, which is an Evidence of Treason, and another that proves another, that is an Evidence of the same Treason, though they be but single Witnesses to several Facts. And to the Third it was answered in the Affirmative, it being any Act of Treason that is of the same kind. Then Mr. College being called upon to call his Witnesses, he expressed himself in a long Speech, protesting his own Innocency, not doubting to prove this one of the Hellishest Conspiracies that ever was upon the face of the Earth, and these the most notorious wicked Men; an absolute Design to destroy all the Protestants of England who have had the Courage to oppose the Popish Plot; in which no Man of his condition had done more than he had done. Declaring, that he was bred a Protestant, and continued so hitherto, and by the Grace of God would die so. That he had been concerned with Persons of Honour, and could not be reasonably deemed such a Fool or Madman as to talk of such things to Papists, Priests and Irishmen, who had broke their Faith with their own Party, and upon whom he could lay no such Oaths and Obligations. That his acquaintance with Haynes began upon a Discovery he made to him, how Fitz-Gerald had employed him to setch over Macnamarra to swear against the Earl of Shaftsbury High-Treason, as he had done, viz. That my Lord should tell Fitz-Gerald that he had a Design to bring this Kingdom to a Commonwealth, and to root out the Family of the Stuarts; which he swore was true, and a great deal more, which he knew, and would discover, about seizing and destroying the Parliament at Oxford; about an Army in the North that was to be raised about the time of the sitting of the Parliament at Oxford; Of a French Army that was to land in Ireland at the same time, that the D. of York was to be at the head of them; and the intention was, to destroy all the Protestants. Upon this it was that he resolved to come along with the Parliament, and if there was any such Design, to live and die with them. That he was employed by several Lords and Parliament-Men, when the Parliament sat last at Westminster, to search under the Parliament House, whence he got the Name of the Protestant Joiner. And that this Haynes did swear in his Affidavit before Sir George Treby the Recorder of London, That there was a Design to destroy the Parliament at Oxford; and there was not only his Oath for it, but it was the general belief, that some Evil was intended them: But as for the seizing of the King, that he never heard one word of it before he came hither; that he knew not of one Man upon the Face of the Earth that was to stand by him; and how impossible it was for him alone to attempt it, all Men might judge: That he hoped to prove these Witnesses suborned; complaining of his close Imprisonment. Then the First Witness that appeared for the Prisoner, was William Shewin, who declared, That he was in Turbervil's company on Thursday Night last, at the Golden Posts at Charing-Cross, and there he heard him say, That if he were at Oxford, he should hear strange things against College, and he would lay ten to one that Mr. Bethel and Mr. Wilmore should be hanged at Christmas, and he would lead him by the Gold Chain along Fleetstreet, and down with his Breeches in the middle of Amsterdam Coffeehouse, with a Band about his Neck, and a Cloak. And that one told him, there was one that did design to be returned upon this Jury, that was resolved to hang College right or wrong. Which the High Sheriff acknowledged also, and that he had therefore left him out, for which the Court gave him his due Commendations. Then Henry Hickman (who had been called before) a Cabinet-maker at Holborn-Bridge, appeared, who declared, That he knew Haynes very well, he oft coming to his House to a Widow who lodged there, a Papist: and that therefore he took him for a Priest. And that discoursing with his Tenant concerning him, she told him that he was a dangerous Fellow, though a Papist, and that he cared not much what he sweared against any one. And that he overheard him discoursing with his Tenant in her Chamber, and saying, God damn, I care not what I swear, nor who I swear against; for 'tis my trade to get money by swearing. Then Elizabeth Oliver was called, who only produced a Letter which she affirmed Haynes to have writ in her Father's Name, and that he was an ill Man; which being judged by the Court nothing to the purpose, she was dismissed. And, Mrs. Hall was next called, who declared, That Haynes lodged at her House, and that he told her (enquiring of him about Fitz-Harris's Trial) that Madam Portsmouth begged of Fitz-Harris upon her Knees, that he would try to get Mr. Everard and some others over to make a Presbyterian Plot of it. Another time, that she heard him speak of a Message he had had from the King to come in, and he should have his Pardon. And that he read once to her an Advertisement, in answer to something Thompson had written against him in his Intelligence, which he said he had writ, and was then going to get it put into one of the Intelligences, it being to this purpose; That whereas one Nathaniel Thompson had falsely and maliciously accused one Bryan Haynes for speaking, Treasonable Words; he, the said Bryan Haynes doth declare, that he challenges any Man to charge him with it; but he owned he had an hand, or was employed to put the Plot upon the Dissenting-Protestants. Then Mary Richards, Mrs Hall's Maid, was called, who owned the same things affirmed by her Mistress. Next, Mrs Wingfield, whose Daughter Haynes married, was called, who would say nothing of Haynes but what was for his Credit. Then Mr. John Whaley was called, who declared, That about 6 Years Ago, when Haynes was a Prisoner in the King's-Bench, he came down to drink in the Cellar, which he had taken of the Marshal, and stole a Tankard, for which the Marshal removed him from the Master's Side, and put him into the Common Side; which was all he knew of him. Mr. College called next for Mr. John Lun, who declared, how that about three or four days after the Bill was brought Ignoramns by the Grand Jury upon Mr. College, he was drinking with Haynes, who fell very foul against the Grand Jury, because they had not found that Bill; and he said, my Lord Shaftsbury was a little Toad, but that he would do his Business very suddenly. Then he railed upon the Parliament, and said, they were a Company of Rogues, they would give the King no Money, but that he would help him to Money enough out of the fanatics Estates. And said, that they would damn their Souls to the Devil before the Catholic Cause should sink. And that on Monday last, meeting with Haynes again at Uxbridge at the Crown, in discourse he heard him say, that Sheriff Bethel's Estate should be the King's e'er long.— To invalidate this Testimony, Haynes denied that ever he saw Lun before he saw him at Uxbridge; which was sworn also by Mr. White, the King's Messenger, who was by, and whose Prisoner Mr. Lun had been two Years; affirming, that Lun asked him who Haynes was, and that he heard no such words spoken: after which Serj. Jefferies bespattered him with some of his Reflections. Next Mr. Jeremiah Broadgate was called, who said, That drinking with Mr. Turbervile, he told him how the King's Evidence were vilified, and looked upon as poor inconsiderable Fellows, and that he had had very great Offers from the Court if he would disown the Popish Plot, and go upon the contrary Side.— Which Evidence also was rejected as nothing to the purpose. Then Mr. John Zeal was called, who because he could say nothing but what he had heard Mr. Ivy tell him, was set aside; And Mr. Ivy was called, who confessing, that he had given Evidence against the Prisoner, the Prisoner concluded he could be no good one for him. Therefore Mr. William Lewes was called, who declared he knew nothing of any of the Evidence as to the Prisoner; that he could only say something of Mr. Ivy, as to a Presbyterian Plot, and my Lord Shaftsbury. And therefore, Dr. Oates was next called, who produced a Petition to the Common-Council, subscribed by Edward Turbervile, John Macnamarra, etc. wherein they set out how they had been tempted to unsay what they had said against the Papists. And declared, he charging Turbervile as if he was to be a Witness at the Old Bailie against College, Mr. Turbervile said, He would break any one's head that should say so against him; for he neither was a Witness, nor could give any Evidence against him. Of which telling him, (after he had been at Oxford) he confessed he had been sworn against College before the Grand Jury: For, said he, the Protestant-Citizens, have deserted us; and, God damn him, he would not starve.— This Turbervile then flatly denied upon his Oath, and the Doctor affirmed upon the Word of a Priest. As for Mr. Smith, the Doctor affirmed, That upon some provoking words between him and Mr. College, at Richard's Coffeehouse, he heard him swear, God Damn him he would have College 's Blood. For which Dr. Oats reproving him, as unbecoming words for a Minister of the Gospel, his reply was, God damn the Gospel.— This Smith also denied. As for Mr. Dugdale, the Doctor said that he had declared to him, (upon the report of his being an Evidence against my Lord Shaftsbury, and several Protestants) that he knew nothing against any Protestant in England. Afterwards the Doctor telling him, he feared he had gone against his Conscience, he was sure against what he had declared to him: Said he, It was all long of Col. Warcup, for I could get no Money else; and said, that the Colonel did promise he should have a place at the Custom-house. This Dugdale denied.— So the Court took notice to the Jury of these three men's Oaths against the Doctor's bare Word: Which Mr. College complained of as not fair dealing. And that if he could witness for himself, he could discover more than this that Dugdale had said to him alone; how that he was forced to keep Company with Warcup, or he must starve; and to stay for his Money from the Attorney General, because there was new Work to be done, such as his Conscience would not serve him to do; that there was more Roguery, that they would never have done plotting and counter-plotting; but that they would make a thousand Plots if they could to destroy the real One: But this he could not prove, because it was to him alone he said it. The Prisoner called then Mr. Alexander Blake, who said, that Mr. Smith told him one Morning, That one Haynes was under Examination, and had discovered very material things against some great Persons; which, some time after he told was a Sham-Plot, a Meal-tub Plot. Then Mr. Samuel Smith was called, who owned his acquaintance with Smith, and that he had heard him say he believed a Popish Plot, but not any Protestant Plot; and that, though he denied not but that he had sworn against Mr. College, he did not believe what College had said, for he did not believe it himself. Then Mr. Thomas Gardner being called, testified the same; Smith repeating it in his Company with Mr. Samuel Smith at the Rummer in Queen's-street: And withal, that two or three of the Jurymen that acquitted Mr. College, were Rascals and Villains: And, says he, they talk as if I intended to shame the Popish Plot, and make a Protestant Plot; which, said he, I vow to God, and I will justify it before God and all the World, that I know of no Protestant Plot, nor is there any Protestant concerned in a Plot to my knowledge but this College, and upon his Trial I believe he will be made appear to be more a Papist than a Protestant. Then the Prisoner called for Dr. Oates again, to give an Account to the Court what treasonable Words he heard spoke at Alderman Wilcox's Treat at the Crown-Tavern without Temple-Bar: Who appearing again, did affirm, That the Discourse, between the Coffeehouse and the Tavern, was between Mr. College and him, and not at all with Smith, who either went before, or followed them; and that when he heard Smith swear at the Old-Baily, that it was with him, he did really in his Conscience look upon him as forsworn in that Particular. That at the Tavern the Discourse was between him and one Mr. Savage, who had been formerly a Romish Priest, concerning the Existence of God, and Immortality of the Soul. That College and Smith had no Discourse at all together in his hearing, and that immediately after Dinner Smith went his way. Then Mr. Thomas Smith a Lawyer was called, who said, That he was at Dinner, but heard no treasonable Words spoke, most of the Discourse being between Dr. Oates and Mr. Savage; and that if there had been any such words spoke, he must needs have heard them, the Room being small; and for that Reason, that they could not divide themselves into Cabals, (as Smith had deposed) but that College was asleep most of the time. And as to Arms, he knew that Mr. College used to ride with Pistols, having borrowed his Horse, and had them; and that he saw a Silk Armour, which College told him he did provide against the Papists, for, he said, he did expect we should have a Brush with them; however, that this would do no harm. Then Mr. Samuel Oates, Dr Oates' Brother, was called, who testified, That he was also at this Dinner, and that Mr. College walked with him, and his Brother from the Coffee-house to the Tavern; and that Smith followed them. That he saw neither Cabals, nor did he remember that College slept, or that Dr. Oates and Mr. Savage discoursed so together; nor heard he any treasonable words spoke, but only common Discourse. Then Mr. Bolron being called, appeared, and declared, That on July 25. last, as he, Mr. Mowbray, and Smith were travelling from York toward London, Smith asked him, If he did not remember that Sir John Brooks told him, at Ferry-Bridge, when they were coming before to London, that there would be cutting of Throats at Oxford, and that the Parliament did go provided, some with eight, some with six, some with four Men, and they were to meet at Grantham and go together? To which he replied, that he remembered Sir John Brooks said, They went with Horse and Arms to secure them from Highway Men; and that the Discourse was, there would be cutting of Throats at Oxford, which made them go with Arms to defend themselves. Mr. Smith told him he had given his Majesty an Account of it, which occasioned the Dissolving of the Parliament. And that he had given a further Account, that there was to be a Consult at Grantham, wherein it was resolved, That it was better to seize the King, than to let him go on. That Smith would have persuaded him to have given in the same Evidence; and said, That if he did manage it rightly against my Lord Shaftsbury and College, he would make him for ever: Further telling him, that he must say so and so; for if they did not agree, it would signify nothing. And that he discovered this to my Lord-Mayor soon after he came to Town. Then the Attorney General asked Mr. Bolron, if he knew any thing of any Pictures of Mr. Colleges making, or had seen the Rary Show? Who replied, That he had seen the Character of a Popish Successor, but never the other. Whereupon one Mr. Charlett, a Master of Arts of Trinity-college, was sworn, who deposed, That Mr. Bolron had shown him, in a Coffeehouse in Oxford, the Pictures of the Tantivies and Towzer, and told him they were made by College. But Mr. Bolron only owned, that he had seen the Character of a Popish Successor. And then proceeded to declare concerning Hains, that he had been several times in his Company, in January, February, and April last, and had heard him say, he knew nothing of a Popish Plot, nor of a Presbyterian Plot neither; but if he were to be an Evidence, he did not care what he swore, but would swear and say any thing to get Money; That to day he would be a Papist, to morrow a Presbyterian, he did not care for Religion; he would never die for Religion, he would be of that Religion that had the strongest Party. Then Mr. Mowbray was called, who attested to Smith's Discourse on the Road, and that he would have drawn him in to be an Evidence against Sir John Brooks, whom he had no acquaintance with, nor came he up with him; on which he applied himself to Mr. Bolron. Then Serj. Jefferies asked him when they set out from York? and he answered the 3d of August, which disagreeing with the Time Mr. Bolron had spoke to, the Sergeant failed not to make his usual flourishes upon it, though Mr. Bolron's Almanac did sufficiently prove it his mistake. However the Court failed not to reprove his rash Assertion. Then Mrs. Bolron, Mr. Bolron's Wife was called, who only said, That within three Weeks since Smith came up from York-Assizes, he sent several times to her House for her Husband and Mr. Mowbray, to have them concerned with him in some Business he had in hand; that now and then they have gone to him, but they knew his Business, because they had Discourse with him, as they said, upon the Road, and they would not go. Then Mr. Everard was called, who said, He had been to see Mr. Smith very lately, and he told him, he knew of no Presbyterian or Protestant Plot; and that when my Lord Howard was tried, that is, the Bill brought against him, he said, He wondered how my Lord Howard could be Guilty, and that both himself and he were joined as Evidence to that Jury, only to put a gloss upon the Evidence, for, said he, I have nothing material to say. And further, to prove a Design of the Papists to turn a Plot upon the Protestants, Mr. Everard declared that Justice Warcup would have persuaded him to have sworn against some Lords a Presbyterian Plot, but he denied that he knew any such thing of them. And concerning Haynes he said, That he told him that it was Necessity only that drove him to speak any thing against the Protestants: For he had but short Pay; and it was Self-preservation, because he being brought in Guilty when he was taken up, he was obliged to do something to save his Life. And it was a Judgement impending upon the Nation, either upon the King or People, he knew not which: But these Irish men's swearing against them, was justly fallen upon them, for their Injustice against the Irish in outing them their Estates. Then the Court was acquainted that Mr. Warcup was just come in, and desired to vindicate himself. But it was waved, saying, There was no weight in it. Nor was Mr. Everard allowed to make any further Discovery of shamming the Plot upon the Protestants. Then Mr. Thomas Parkhurst was called, who could only say, That in November last being with Mr. Dugdale and Mr. Symonds, at Mr. Colledge's House, he saw there some few Arms, which he said he had provided for his security against the Papists. Mr. Symonds being called, declared the very same Story: Whence the Prisoner inferred, That his Arms were not prepared for his Oxford Expedition, this being before that Parliament was called. Then one Mr. Yates, whom Mr. Dugdale had employed to make a Pistol for Mr. College, testified, That three Weeks after the Oxford Parliament, he heard Mr. Dugdale say, in discourse of College, that he believed him to be an honest Man, and one that stood up for the Good of the King and the Government. Then Mr. Clayton, at whose House Mr. College lodged while he was in Oxford, testified, that Mr. College brought no Arms to his House, but one Sword by his Side, and a pair of Pistols in his Holsters; and that he never saw Mr. Dugdale in Mr. Colledge's Company in his House. Then several from Watford in Hartford-shire, the Town wherein Mr. College was born, and some others, appeared for him, and testified to his civil Behaviour, and that he was a Protestant. Then Mr. College declared to the Court concerning the Papers that had been charged upon him, that they were none of his, nor did he ever own them for his, nor could he ever make Pictures nor did he ever in his Life; and that that very Person whom Mr. Dugdale said he owned he got it to be printed by, had denied it before the King and Council. Then Elizabeth Hunt the Prisoner's servant, appeared, who testified, That about 7 or 8 Weeks before the seizure of the Papers, a Porter brought three Bundles of Papers for her Master, in his absence, which lay in a Box in his Countinghouse a Week or Fortnight before she told him of them. And as to Mr. Dugdale, that she going to him for Money he owed her Master, after he was in Prison, and he not paying her it as he promised, she said to him, Sir I think 'tis very hard that you should keep my Master's Money from him, and yet go and swear against his Life too; he said to her, There was a great deal of do about his swearing against her Master, more than needs; but as he hoped for Salvation, he did not believe Mr. College had any more hand in any Conspiracy against his Majesty, than the Child unborn.— Mr. College informed the Court, that this Maid moreover told him in the Tower, before he came away, that Mr. Dugdale desired to be remembered to Mr. Smith (Colledge's Counsel) and told her he had nothing against her Master that could touch his Life, or an Hair of his Head; and that he knew nothing of a Plot against the King; and that if he could help it, he had as lief he had given 100 l. he had never spoken what he had.— Which she owned for truth, and Dugdale then denied, evading it by telling the Story another way. Then Mrs. Godwin being called, appeared, who related concerning the Papers, that three Messengers coming to search for them on the Saturday after her Brother's confinement, and they not finding them, she got her Brother-in-law, George Spur, to carry them away to his House at Busshie, to secure them, till they should know what they did concern.— Then Spur being called, did not appear. Then the Attorney General called for one John Shirland, who appeared to be a Man that lived by his Shifts, and had been whipped in Bridewell, who swore, that Mr. Bolron would have given him 10 l. and an Horse, to go down and swear against Sir Miles Stapleton: Which Bolron denied. Then Smith deposed likewise against Mr. Bolron, that he told him, as they were travelling, that he had as much to say against College as any Body; and that if he would speak for him, he would evidence against Sir John Brooks for a discourse at Ferry-Bridge. Which Mr. Bolron denied likewise. Then no more Witnesses being called, Mr. College began to make his Observations upon the Evidence to the Court; Professing his own Innocency as to what had been sworn against him; and upon what had been attested for him, owning his Zeal for his King, Parliaments, Church of England, and against Popery. Relating how he came acquainted with Haynes, and the discoveries he made to him of the Popish Plot, and of Sir Edmondbury Godfrey's Murder (for which the Court interrupted and reproved him, as not to the purpose) and then he went on to sum up his own Evidence, complaining of his close Confinement, so that he could not procure that Evidence he otherwise might have done for himself. The Statute of Decimo tertio was read to him; and then Mr. College very pathetically recommending himself to the Justice of his Jury, concluded his Defence. Then Mr. Solicitor General, largely summed up the Evidence, and Mr. Serjeant Jefferies, and the Lord Chief Justice did the same. Then the Court called for two Bottles of Sack, which the Jury divided among themselves at the Bar, for their Refreshment in the presence of the Prisoner. After which a Bailiff was sworn, and the Jury withdrawing to consider of their Verdict, the Court adjourned for half an hour, and when they returned, the Jury brought the Prisoner in Guilty. At which there was a great Shout given; whereat the Court being offended, one Person who was observed by the Crier to be particularly concerned in the Shout, was committed to Goal for that Night, but the next Morning having received a public Reproof, was discharged without Fees. Then it being about 3 a Clock in the Morning, the Court adjourned to 10. At which hour the Court being sat, and first Mr. Aaron Smith having entered into a Recognizance of 500 l. to appear the first day of the next Term, at the Court of King's-Bench; the Lord Chief-Justice, after a short speech directed to the Prisoner, pronounced Sentence upon him, to be Hanged, Drawn, and Quartered; which was accordingly executed upon him, over against the Gate of the Castle at Oxford, on Wednesday, August 31. 1681. And his Head and Quarters (through his Majesty's Grace) were delivered to his Relations, and by them brought up to London, and privately interred. The proceed at the Sessions-House in the Old-Baily, London, on Thursday November 24. 1681. before his Majesty's Commissioners of Oyer and Terminer, upon on the Bill of Indictment for High-Treason against Anthony Earl of Shaftsbury. The Grand Jury. Sir Samuel Barnardiston. John Morden. Thomas Papillon. John Dubois. Charles Herle. Edward Rudge. Humphrey Edwin. John Morrice. Edmund Harrison. Joseph Wright. John Cox. Thomas Parker. Leonard Robinson. Thomas Shepherd. John Flavell. Michael Godfrey. Joseph Richardson. William Empson. Andrew Kendrick. John Lane. John Hall. THE Lord Chief Justice Pemberton gave the Charge; wherein he explained the Nature of Treason, particularly from the Statute of the 13th Car. 2. and explained the Validity of two Witnesses, and the Jury's present Duty. After which, a Bill of High-Treason was offered against the Earl of Shaftsbury; and Sir Francis Withens moved, That the Evidence might be heard in Court. Then the Jury desired a Copy of their Oath, which the Court granted, and then they withdrew. After some little time they returned, and being called over by their Names, The Foreman acquainted the Lord Chief Justice, That it was the Opinion of the Jury, and they claimed, as their Right, that they ought to examine the Witnesses in private. But the Lord Chief Justice denied that it was their Right, but was their Advantage; and it was the King's desire it should be public; in which also the Lord Chief Justice North concurred; and then therefore the Indictment was read, wherein the Earl of Shaftsbury was charged with High-Treason, for conspiring the Death of the King, and subversion of the Government. The Jury than desired a List of the Names of the King's Evidence: But they were told, that they being endorsed upon the back of the Indictment, which they were to have out with them, it was needless. Then they requested to see the Warrant by which the Earl of Shaftsbury was committed; but that, they being told that the Lieutenant of the Tower kept for his Indemnity, could not be granted. Then they requested that the Evidence might be put apart and examined one by one; which was granted. And then William Blathwayt Esq appeared, and delivered in a Paper, deposing, that it was put into his Custody by Mr. Gwyn, Clerk of the Council, who seized it among others in my Lord Shaftsbury's House, and brought them to the Council-Office, put them into one of the Rooms, looked the Door, and delivered the Key to him. And being ordered by the Committee of Examinations, he fetched up the Trunks and Papers into the Council-Chamber; and this Paper he took out of a Velvet Bag which was in the great Trunk that was sealed, and then opened on July 6. in the presence of Mr. Samuel Wilson, and Mr. Starkey, who were both appointed by the Lord of Shaftsbury. Then Mr. Gwyn being called, deposed, That on July 2. by a Warrant from the Secretary, he searched the Lord Shaftsbury's House for Papers where was a great Hair-Trunk, in which were several sorts of them; and a Velvet Bag, into which he put some lose Papers, and sealed up the Trunk; and, being sent another way, he delivered it to Mr. Blathwayt; That all the Papers that were in the Velvet Bag, he had in my Lord's Closet; and that nothing was in that Bag but what he had there, when he delivered it to Mr. Blathwayt. Then Mr. Secretary Jenkins deposed, That that was the Paper that Mr. Blathwayt delivered into his Hands in the Council-Chamber, with nine more, which he had kept under Lock and Key ever since, till Monday last, when he took them out; and being numbered, sent them sealed to Mr. Graham, who brought them back to him again without any alteration whatsoever. The Paper then was read, which was to this effect. That We the Knights, etc. finding, to the grief of our Hearts, the Papists Contrivances against the Protestant Religion, the Life of the King, and Laws and Liberties of the Nation, to set up Arbitrary Power and Slavery. And it being notorious that they have received Encouragement and Protection from James D. of York, and from their Expectations of his succeeding to the Crown, etc. And that by his Influences, Mercenary Forces have been levied, Parliaments unreasonably Prorogued and Dissolved, and the Army and Ammunition put into the hands of his Party, and the Reputation and Treasure of the Kingdom hereby wasted;— That therefore they endeavoured to Exclude him from the Succession to the Crown;— and that failing, they have now thought fit to propose to all true Protestants an Union amongst themselves, by solemn and sacred Promise of mutual Defence and Assistance, in the Preservation of the Protestant Religion, the King's Person and State, and our Laws, Liberties and Properties, in a Declaration in the Form ensuing. Which was to this effect. First, The Person swears to maintain the Protestant Religion against Popery. Secondly, The King's Person and State; as also the Power and Privileges of Parliaments, Rights and Liberties of Subjects, etc. Thirdly, That J. D. of Y. having professed himself a Papist, and given Life to the Plot, that therefore he would oppose his, or any other Papist's coming to the Crown, by all lawful Means, and by force of Arms, if need so require, etc. To this end they mutually obliged one another to pursue unto destruction all that oppose the Ends of this Association, and to defend all that enter into it; And do engage, that they will obey such Orders as they 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 them in their several Counties, etc. until the next meeting of Parliament, etc.— And that they would stick to this Association during Life, etc. In witness whereof, etc. Never a Hand was to this Paper. Which being read, and briefly descanted upon by the Counsel for the King, John Booth was then called forth, who deposed, That about the middle of January last, be was introduced into the Lord Shaftsbury's Acquaintance by Captain Henry Wilkinson, (a Yorkshire Gentleman, an old Royalist, and an old Acquaintance of his) about some Concern relating to Carolina. After which he went frequently to my Lord's House, and between Christmas and March four or five times; Where he hath heard him sharply inveigh against the Times, and thought himself undervalved, and feared that Popery would be introduced. And that the Oxford Parliament, that was then shortly to meet, would give the King no Money, unless he would satisfy them in what they would insist upon; which, he said, would be the Bill of the Exclusion, and the abolishing the Statute of the 35th of Eliz. and passing a New Bill to free the Dissenters from the Penalties of the Laws, which, if refused, would make a Breach between the King and Parliament; whose meeting at Oxford was designed only to over-awe them; And therefore that himself, and divers Noble Lords, and Members of the Commons had considered their own Safety; and that he had established a matter of fifty Men, Persons of Quality, that he believed would have Men along with them; and he entrusted Capt. Wilkinson with the Command of these Men, who were to come to Oxford at such a time; and if there were any Breach or Disturbance, they were to be ready to assist him and those other Persons in his Confederacy, to purge the Guards of all Papists and Tories, and purge from the King those evil Counsellors which were about him; naming, the Earl of Worcester, the Lord Clarendon, the Lord Hallifax, Lord Feversham, and Mr. Hid, now Lord Viscount Hid; whom he looked upon as dangerous Persons; and then to bring the King away to London, where those things should be established which they designed for the Preservation of the Protestant Religion, and keeping out of Arbitrary Power and Government. Upon which Capt. Wilkinson desired him to be one under his Command, and to provide Horse and Arms, to which he consented, and did so; expecting to be sent for after the Parliament was sat, they insisting upon the things the Lord Shaftsbury had predicted; but the unexpected News of their Dissolution prevented it.— Then, being asked when he first discovered this, he answered about six Weeks ago; and related the occasion and manner of his doing so. Next, Mr. Edward Turbervile deposed, That in February last, he waiting upon the Lord Shaftsbury about his getting some Money, and requesting his Letter to the Precedent of the Council to stand his Friend, my Lord said, There was little good to be had from the King, as long as his Guards were about him; were it not for whom, they would quickly go down to White-Hall, and obtain what terms they thought fit.— And that the Rabble were all of that Side, especially the People about Wapping, and Aldersgate-Street; That the Rich Men of the City would Vote for Elections, but they could not expect they should stand by them in case there should be any Disturbance, for they valued their Riches more than their Cause. And at Oxford, that he heard my Lord say again, He wondered the People of England should stickle so much about Religion; if he were to choose a Religion, he would have one that should comply with what was apt to carry on their Cause. Mr. John Smith deposed, That he had often, both in public and private, heard the Lord Shaftsbury speak very irreverently and slightly of the King, saying, He was a weak Man, an inconstant Man, of no firm or settled Resolution; easily led by the Nose, as his Father was before him, by a Popish Queen, which was the Ruin of his Father.— And that the King should declare, That the Earl of Shaftsbury was not satisfied to be an ill Man himself, but got over the E. of Essex too.— And that he was the chief promoter of the Rebellion in Scotland; which when it was told him, that he should send back word to the King, That he was glad that the King saw not his own Danger,— But if he were to raise a Rebellion, he could raise another-guess Rebellion than was that in Scotland.— One time particularly, being sent for to the Lord Shaftsburies', expressing his jealousy of the Irish Witnesses being drawn over to the Court-Party, and retracting what they had said, he ordered him to persuade them from going nigh that Rogue Fitz-Gerald, maintained by the King and Court-Party to stifle the Plot in Ireland. Saying also, That when he was in the Tower, he told some, he saw Popery coming in, and that it was hard to prevent it.— And that if the King were not as well satisfied with the coming in of Popery as ever the D. of York was, the D. would not be so much concerned about it as he was.— Afterwards having executed my Lord's Order, one Mr. Bernard Dennis gave in an Information before Sir Patience Ward, Lord-Mayor, against Fitz-Gerald, that he had tampered with him to forswear all he had sworn before; the Copy of which Information he brought to the Lord Shaftsbury; who when he had read it, was very well pleased with it, and said, Mr. Smith, don't you see the Villainy of that Man, and that factious Party, and that the King runs the same steps as his Father did before him, for that nothing of this Nature could otherwise be done. I, says he, these are the very Steps that his Father followed when he was led by his Popish Queen, and the poor Man doth not see his Danger.— Another time, before the Parliament went to Oxford, in discourse, my Lord was saying to him, That there was great Preparations made, and a great many gathered together upon the Road between London and Oxford, which▪ he said, was to terrify the Parliament to comply with the King's Desire, which he was sure they never would, for that the King aimed to bring in Popery: But, said he, we have this Advantage of him, if he offer any Violence to us, (for we expect it) that we have the Nation for us, and we may lawfully oppose him, for it has been done in former Times, and he will meet with a very strong Opposition; for all that come out of the Country, shall be well Horsed and well Armed, and so we shall be all; and as old as he was, that he would be one that would oppose to his Power, and die before he would ever bring in Popery, or any thing of that Nature. Then Mr. Brian Haines deposed, That he had often heard the Lord Shaftsbury vilify the King. And that he and Mr. Ivey going to him one day, about the Narrative he made of Sir Edmondbury Godfrey's Death, he desired him not to expose his Person to the King's Anger, because he was sure he would never grant a Pardon to any Man that impeached the Earl of Danby: Says he, Do not fear, if he does not grant you a Pardon, he makes himself the Author of the Plot; and, says he, the Earl of Essex, the Lord Maxfield and I, we do all resolve if you'll put in a Writing, we will go to the King, and beg a Pardon of him for you; which if he does not grant, we will raise the whole Kingdom against him; for he must not expect to live peaceably in his Throne it he doth not grant it; and this is the best Pretence we can have in the World,— we are prepared to raise Arms against him.— And after (having heard a Pardon could not be had, being begged for by the two Mr. Godfries) he praying my Lord for a little Money to help him to go beyond-Sea, because he was sure he could not be safe in England. My Lord told him, the King durst as well be hanged as meddle with him.— And one Day he being in Conference, and giving my Lord an exact Account of Transactions, (having been a Traveller) he asked my Lord, What Model of Government was designed, if they pulled the King down? Says he, Do you think there are no Families in England that have as much pretence to the Crown as any of the Stewarts? Says he, There is the Duke of Bucks, that is descended of the Family of the Plantagenets, one of the Edward's by his Mother; and in her Right he should have the Barony of Ross, and has as good a Title to the Crown of England as ever any Stewart had. Then John Macnamarra being sworn, deposed, That he being with the Lord Shaftsbury after his return from the Parliament at Oxford, concerning some Provision for the Witnesses; he heard him express himself, That the King was Popishly Affected, and did adhere to Popery, taking the same Methods that his Father before him took, which brought his Father's Head to the Block; and that they would also bring his thither; and that he had told some Persons of Quality that this would fall out five Years before.— And at the same time that he said, the King was a Faithless Man, and no Credit was to be given to him; and that the Duchess of Mazarine was of his Cabinet-Council, who was the worst Womankind.— And that he deserved to be deposed as much as ever King Richard the Second did. Then Dennis Macnamarra deposed, That he also heard the Lord Shaftsbury say, in March or April, in his own House, Mr. Ivey being present, That the King was not to be believe, there was no Belief in him, and he ought to be deposed as well a King Richard the Second; and that the Duchess of Mazarine was of his Cabinet-Council, and he nothing but by her Consent. Then Mr. Edward Ivey deposed, That being at my Lord's House, soon after the Parliament was dissolved at Oxford, he heard him speak against the King, saying, He was an unjust Man, and unfit to Reign; and he wondered her did not take Example by his Father before him, and that he was a Papist in his Heart, and intended to introduce Popery. And afterwards being with him with Hains, he bid Hains to put what he had to say about the Death of Sir Edmondbury Godfrey into writing, and he should have a Pardon; and that if the King did deny it, as he durst not, they would rise upon him and force him. After him Bernard Dennis being sworn, gave some account of his first coming into England, and how he began his Acquaintance with the Earl of Shaftsbury, and was recommended by him (understanding him to be a Clergyman) to Dr. Burnet, and afterward to Mr. Ferguson, in order to the bringing him over; and how my Lord proffered him a Benefice.— And that one time being with him, my Lord asked him, How many there might be of his Name in his Country? and told him, that he would have him to advise those of his Name, and Friends, to be in a readiness occasion shall serve, to stand by and assist the Commonwealth of England, for that they did really intent to have England under a Commonwealth, and would extirpate the King, and all his Family, as near as they could. And said, he admired at the Irish Nation to be such Fools; for that it was very certain, that King James, Queen Elizabeth, King Charles the First, and the King that now is does wrong them to very Destruction;— But that a Commonwealth would take more pity of them than any do now, in this time wherein the King governs. Here the King's Evidence ceasing, the Jury enquired upon what Statute the Indictment was grounded; and whether any of these Witnesses stood indicted? To which the Court returning a satisfactory Answer, they withdrew, and the Court adjourned till three of the Clock.— When being sat again, the Witnesses were all called one by one, and examined by the Jury concerning what they had severally deposed. Wherein nothing was remarkable, but what they examined Mr. Secretary Jenkins, Whether he heard not a Debate in the House of Commons about an Association?— And that Booth acknowledged himself to be in Orders, though now not Beneficed.— Turbervile, and John Macnamarra, that though they signed the Petition to the Common-Council, (for some Maintenance, and that they were tempted to revoke their Evidence) yet never read it, nor knew what was in it.— And that Haynes further said, That he heard the Lord Shaftsbury say, at a Pastry-Cook's Shop in Iron-Monger Lane, that the King had no more Religion than an Horse;— That when he came came first to England, he was inclined to Popery, but since he was degenerated from all the Principles of Christianity, being just like a perfect Beast. The Witnesses being examined, the Jury withdrew, and took the Statute-Book with them, and returned the Bill Ignoramus: Upon which the People fell a Hollowing and Shouting; which Mr. Attorn. Gen. desired might be recorded. The Trial of Charles John Count Conningsmark; Christopher Vratz Captain, John Stern Lieutenant, and Charles George Boroskie, alias Boratzi, before the Lord Chief Justice Pemberton; At the Old-Baily, on Tuesday, February the 28th, 1681. THE Prisoners then and there appearing, were Arraigned for the barbarous Murder of Thomas Thynn Esq: And being Foreigners, Mr. Vandore, and Sir Nathaniel Johnson were sworn Interpreters. They pleaded Not Guilty; and desired their Jury might consist of half Foreigners; which was granted. And the Count desired his Trial might be put off a day or two, and that he might be tried by himself; neither of which were granted. Then after some Challenges on both sides, the Jury sworn were, Sir William Roberts Bar. Moses Charas Gent. Richard Pagett Esq Charles Beelow Gent. George Hocknal Esq Peter Vandenhagen Gent. Walter Moyle Esq Christopher Ripkey Gent. Thomas Henslow Esq Daniel Griggion Gent. John Haynes Esq John Lebarr Gent. To whom the Indictment was read, and Mr. Keen, and Sir Francis Withens opened the same; and than William Cole deposed, That on Sunday, Feb. 12. about a quarter after Eight at Night, his Master, Thomas Thynn Esq was coming up St. James-Street, from the Countess of Northumberland's; and he was walking with a Flambeau in his Hand before the Coach, and coming along, at the lower end of St. Albans-Street, he heard the Blunderbuss go off; and turning his Face back, saw a great Smoke, and heard his Master cry out he was murdered; and saw three Horsemen riding away on the right side of the Coach, whom he pursued, and cried out Murder: He ran to the upper end of the Hay-Market, till he was quite spent; and then turning back again, his Master was got into the House, whom he understood was wounded. One of the Men was upon a little Bay Horse. William Ellers deposed, That then and there, he coming with his Master from the Lady Northumberland's, there came three Men riding by the right side of the Coach; and as they rid, one of them turned about, and said, Stop you Dog; And just as he looked about, the Fire was let into the Coach upon his Master, and the Men ran away as fast as they could; and that he could not know any of their Faces. Mr. Hobbs the Chirurgeon deposed, That he was with Mr. Thynn, about nine or ten a Clock that Night he was wounded, and found him shot with four Bullets, which entered into his Body, tore his Guts, and wounded his Liver, and Stomach, and Gall, and broke one of his Ribs, and wounded the great Bone below; of which Wounds he died, and believed there as never a Wound but was Mortal. He shown the Court the four Bullets, two of which he thought might be Iron; one he found in the Stomach, one between the Ribs and the Skin, and two were lodged in the Backbone. Then Mr. White the Coroner deposed, That on Feb. 13. he sat upon the Body, and found four Holes on the right Side, behind his short Ribs, as if made with Bullets; and he gave order to open the Body, and saw Mr. Hobbs take out the four Bullets. Boresky being then told what was said, replied, That he fired the Blunderbuss, but did not know how many Bullets there were, because he did not charge it, but he could tell who did: But the Ld. Ch. Justice said, that would not be material, because his Evidence could charge no Body but himself. Then Mr. Bridgman, and Sir John Reresby deposed, That Boroskie, Vratz, and Stern, were examined by them: and proffered to read their Examinations, but the Ld. Ch. Justice would not suffer it, because their Evidence could charge no Body but themselves; and he would not let the Jury be possessed by that which is not Evidence. And therefore they were only suffered to help their Memories by the Examinations, and to mention only what they had confessed as to themselves. Therefore they said that Boroskie then confessed, that he came into England at the desire of Count Conningsmark, [But hear the Ld. Ch. Justice interrupted again the Evidence, and bid Mr. Bridgman only relate his Confession as to himself; which was] That he fired the Musquetoon by the Captain's Order, who had before bid him to fire as soon as ever he stopped the Coach. Capt. Vratz confessed that he came with a Design to fight Mr. Thynn, having sent him Challenges by Post from Holland, for speaking ill of Count Conningsmark, who was his Friend, and of himself, at Richmond; and that he could never receive Satisfaction, and therefore he came to force him to fight; and took the other two with him, as his Servants, Mr. Thynn being a Gentleman that had always a great many Servants about him to carry-him off, in case he should be knocked on the Head, or be hindered from escaping, resolving to make a Rencounter of it, because Duels he understood were forbid in England. Owning that he did stop the Coach, but that the Polonian fired by mistake, he not bidding him fire, unless he should be hindered from fight, or making his escape. That Lieutenant Stern confessed, that Captain Vratz told him he had a Quarrel with an English Gentleman; and that if he would assist him in it, he would make his Fortune, and gave him Money to buy the Blunderbuss; and he went out with the Captain and Polander on Horseback, about five or six a Clock on Sunday; and when they were got into the Pall-mall, he heard the Captain say to the Coachman, Stop; and turning immediately, being then nine or ten Yards before the Coach, he saw the Shot go off, and they riding away, he followed them. And that before the Polander came over, the Captain desired him to get an Italian to stab a Man. Then Mr. Frederick Hanson (Governor to Count Conningsmark's younger Brother in his Travels) deposed, That he saw the Count at the Posthouse, when he arrived, which was about a Month since; his first Lodgings he took in the Hay-Market, where he was about a week incoginto, by the Name of Carlo Cusk; thence removed to another Lodging, though but for a few Days because the Chimney smoked; and thence he removed into St. Martin's Lane, where he saw him, and particularly that Night Mr. Thynn was killed, where his Physician was with him, and Capt. Vratz, who came into England with the Count Then being asked about the Message he carried from the Count to the Swedish Resident; he very difficultly and shufflingly (though he was showed his Examination before the Council) acknowledged that the Count had discoursed to him about calling Mr. Thynne to Account, and what the Laws of England would be in case he did; and desired Monsieur Lienberg's Opinion concerning it, and especially in relation to the Lady Ogle. That the Polander was brought to him on the Friday, and the next Morning he brought him to the Count's Lodgings, and as employed to buy a Coat and Sword for him; which he did. That the next Evening, being Sunday, coming from Whitehall, he called of the Count, and told him the News of Mr. Thynne's Murder, and that the Count asked him, what the People said? he said the King was hearty sorry, and angry at it. Then John Wright deposed, That the Polander came into England the 10th day of this Month, and he brought him the same day to young Count Conningsmark's Lodging, at Faubert's Academy, to Mr. Hanson, who after half an hours Discourse with the Polander, desired him to take him back with him again, and bring him betimes to him again the next morning, because he must dispatch him about his Business. He did accordingly, and the Polander carried with him his Seabed, a Portmantle, and a Gun with a Wheel-lock, and some other things, and went to an Alehouse hard by the Academy, and the Polander stepping out, fetched Mr. Hanson, who paying him for his trouble, he never saw them afterwards. Then Dr. Frederick Harder deposed, That when the Count came first to Town, he sent for him by Capt. Vratz; that he found the Count then indisposed, and willing therefore to lie incognito that he might take Physic, which he administered to him. That on the Saturday he brought the Polander to the Count's Lodgings to Capt. Vratz, and at the same time showed the Count a Letter from Capt. Vratz, which he said was only that he should come and speak with the Count: That on Sunday night, about 9 a Clock, he was with the Count again, and Mr. Hanson was there, and Captain Vratz for a little while, but that they knew nothing of the Murder then. Thomas Howgood deposed, That he sold the Sword on the Saturday to Mr. Hanson. Mr. Robert French deposed, That the Count lodged at his House 3 or 4 days in the Hay-market, where the Doctor and the Captain came oft to him, but he did not then know who he was. Ann Prince (Mr. French's Maid) deposed, That the Count lodged from Friday to Wednesday at her Masters, and that Capt. Vratz used to lodge there too. Francis Watts, a Boy of about 15 Years old, deposed, That he was hired to wait upon the Count, and was with him eleven days: That he saw the Polander with his Master on the Saturday, and dined there with the Servants, and lodged that Night in the Garret; That on the Sunday Morning Mr. Hanson sent a Sword, which was given to the Polander. That the Count asked him that morning, if it were suffered for any to ride about the Streets on Sundays; That on Sunday morning the Polander went away with this Sword, a new Coat and Boots under his Arm, and the Doctor with him (who being called again, said he could not remember whether it was Saturday or Sunday Morning that he fetched away the Pole from the Count's); That on Monday morning, the Boy told the Count one of the Murderers was taken; after which, a Stranger came in, and he never saw his Master afterwards. Thomas Watts (the Boy's Father) deposed, That on Monday Morning the Count's Man delivered to him 2 Portmanteau's to carry to Charing-Cross, where they were put into a Coach; he telling him, they were going for Windsor, but that he did not see the Count that morning. Derick Raynes, a Swede, deposed, That the Count lodged at his House in Rotherith from Monday till Thursday, when he went down the River for Gravesend; and borrowed some Clothes of him, and said, he was afraid of coming into Trouble. Richard Chappel deposed, That he rowed the Count in a Sculler, on Thursday to Deptford; whither Raynes went with him; and thence the next day to Greenwich, and then to Greenhithe, and the next day to Gravesend; for which he was to have 5 s. every 24 Hours; the Count telling him he was a Merchant, and had bought Jewels. Then Mr. Kid, deposed, how he and Mr. Gibbons, upon information where the Count was, went on Saturday to Raynes, and thence to Gravesend, where they got on Sunday Night, and took the Count just as he landed, and his Cap and Periwig than fell off; He owned his Name, and as they brought him up the Water, and discoursing about Mr. Thynne's Murder, saying, That he had seen the Murderers in Newgate: The Count asked him, what Lodgings there were in Newgate, as if the Captain had a good Lodging; and confessed any thing? That he told him, the Captain confessed some Particulars; but that the Polander had confessed, and wept mightily; Whereupon the Count seemed much concerned, and his Countenance altered, and desired to lie down. Then Mr. Gibbons deposed, That when they had apprehended the Count, they carried him to the Mayor's, and thence to an Inn for 2 or 3 hours; and there the Count asked him his Name; because, he said, he would come and give him Thanks after his Trouble was over; he owned his Name Gibbons, and that he belonged to the Duke of Monmouth. Said he, the Duke of Monmouth hath no Command now, and therefore how could he take him by his Order? He said, he did not come upon his Command, but he had killed a very good Friend of his, and a Countryman, and if Providence had not ordered it otherwise, he had killed a more particular Friend of mine, and a Master, whom he had served many Years. He said, he did not think they would have done the D. of Monmouth any Injury: After which walking up and down, he said, 'Twas a stain upon his Blood, but one good Action in the Wars, or Lodging upon a Counterscrap will wash away all that.— Then he ask what the People said, he told him, the Captain had made a Confession, (though it was a thing he did not then know) the Count said he did not believe the Captain would confess any thing. To all this, the Count, by his Interpreter, Sir Nathaniel Johnson, replied, That he came into England with a design to have got a Regiment, and served England against France, hearing of an Alliance to be between England, Holland and Sweedland against France. That he lay incognito, because he was broke out in Spots on his Arms and Breast, and designed to take Physic, and avoid drinking of Wine, and his Equipage was not come to him till after. That he removed his Lodgings, the first, because it was too cold for him, and the second, because of a smoking Chimney. That he sent for the Polander over to dress his Horses after the Germane way, which he came to buy, and had returned 1000 Pistols for that end, and had bought one Horse; (which the Count's Brother testified)▪ That had it not been for the stormy Wether, the Polander had arrived sooner, he having writ for him 4 Months ago. That he had no Quarrel with Mr. Thynn; nor, to the best of his knowledge, ever saw him. That it was strange he should ask a Scullion-boy, whether People might ride on Sundays, when he himself over and over again has rid upon Sundays to Hyde-park (which was testified by Major Oglethorp, and divers other Gentlemen); That Capt. Vratz visited him on Sunday, only because he was sick. That he gave the Polander to the Captain, because he should have no use for him himself; bought him Clothes, and a Sword, because he wanted them. That he absconded, because one, Markham, his Tailor, told him he heard him named, as concerned in the Murder, and that if the Common People should catch him, they would tear him to pieces, and so his Friends did counsel him to withdraw. That he heard the People say, the Murderers followed Mr. Thynn's Coach, but would not shoot till the Duke of Monmouth was gone out. That he spoke of his Apprehension and Imprisonment, as being a stain to his Blood. And then the Count speaking something of the Repute of his own Family, and Zeal for the Protestant Religion, and Love for the English, etc. Sir Francis Winnington summed up the Evidence [whereat the People made a great shout, but were rebuked for it by the Court] Mr. Williams did also the like; and then the Ld. Ch. Justice gave the Charge; and the Jury withdrew, and the Court Adjourned for half an hour, and then sent for the Jury, who brought in Boroskie, Vratz and Stern, Guilty, and the County Not Guilty. Who being dismissed, Mr. Recorder sentenced the other 3 to be hanged; Who were accordingly Executed in the Pall-Mall, on Friday, Mar. 10 following, and Boroskie was afterwards hung up in Chains, a little beyond Mile-End, by his Majesty's Command. The Trial of Sheriffs. Thomas Pilkington, Esq Samuel Shute, Esq Henry Cornish, Alderman. Ford Lord Grey of Wark. Sir Thomas Player, Kt. Chamberlain. Slingsby Bethel, Esquire. Francis Jenks, John Deagle, Richard Freeman, Richard Goodenough, Robert Key, John Wickham, Samuel Swinock, and John Jekyll, sen. Before the Lord Chief Justice Saunders, at the Guild-Hall, London; on Tuesday, May 8. 1683. THen and there the Defendants appeared for their Trial, upon an information against them, for the Riot at Guildhall, on Midsummer-day, 1682. being the Day for Election of Sheriffs for the Year ensuing: To which they had pleaded Not Guilty. And the Jury appearing, the Defendants Counsel challenged the Array, because returned by Sir Dudley North, whose legally being Sheriff was now in question. Which Challenge was read in French and English, and admitted of a long Debate, but was overruled. As was also another Challenge offered on behalf of the Lord Grey. The Defendants Counsel then prayed a Bill of Exceptions; which also was overruled. The Jury sworn, were, Sir Benjamin Newland. Sir John Matthews. Sir Thomas Griffith. Sir Edmund Wiseman. Sir John Buckworth. Percival Gilburn. Henry Wagstaff. Barthol. Ferryman. Thomas Blackmore. Samuel Newton. William Watton. George Villars. To whom the Information being read, the same was opened by Mr. Dolbin, and Mr. Attorn. Gen. Mr. Sol. Gen. and Mr. Serj. Jefferies opened the Evidence. And then the Common Sergeant, Mr. Lightfoot, Mr. Wells the Common-Crier, Mr. Man the Swordbearer, Mr. King, Sir William Hooker, and Mr. Bancroft, all being sworn, deposed their knowledge about the Method of the City Elections; all concurring, That the Lord-Mayor always used to summon, and adjourn, and dissolve the Common-Hall; and that the Sheriffs, as Sheriffs, were no more concerned in the Case, than any private Man. Then Mr. Craddock deposed, (as to the Persons concerned in the Riot) That he was then standing where they polled, and the Lord-Mayor coming thither also, to protest against their manner of Proceeding. Sheriff Bethel bid him oppose or resist him, for that he had nothing to do there. And that this was before the Poll was adjourned. Mr. Reeves then deposed, That he saw Mr. Shute and Mr. Pilkington encouraging the People to Poll, after the Lord-Mayor was gone; and that while the Lord-Mayor was there, he saw a great Contest among the People, some saying he had nothing to do there; another cried, Stop the Sword, stop the Sword, whom he laid hold of; but some Body got him again from him. Mr. John Hill deposed, That he saw then Mr. Robert Key, Mr. Goodenough, and the Lord Grey among the People, as also Mr. Cornish. Mr. Richard Fletcher deposed, That he also was there on that Midsummer-day, by Order of Sheriff Shute, after the Lord-Mayor was gone, to call all Men that were to poll to come forward, for the Books were to be shut up; and that he could only testify that Mr. Pilkington and Mr. Shute were both there. Then Capt. Clark deposed, That when Proclamation was then made for adjournment of the Court, and God save the King was proclaimed, above an hundred hist at it, and cried, No King's-Man, no Swordman; one of whom he laid hold on, but the Crowd was great, and he was called away to guard the Lord-Mayor, whom he found down upon his Knees, and the People crying, Press on, press on, and God save the Sheriffs. He guarded the Lord-Mayor home, and came again for awhile, and saw the two Sheriffs concerned in carrying on the Poll for some time. Major Kelsey deposed, That he followed the Lord-Mayor then out of the Court, and some cried, Stop him, stop him, and gave a Shout; and he saw the Lord-Mayor's Hat upon his Back, and he was down himself; but the Press was so great he could not tell who was there. Mr. Trice Hammond deposed, That he saw there that Evening the Lord Grey, Mr. Key, Mr. Cornish, Mr. Goodenough, and the two Sheriffs; Sheriff Shute making Proclamation himself upon the Hustings, because one or two had refused it, for the adjournment of the Court; and this was two hours after the Lord-Mayor had adjourned the Court. Then Mr. Higgins deposed, That when God save the King was said, he heard the People say, God save the Protestant Sheriffs, and cried, Down with the Sword; and after he had attended the Lord-Mayor home, he returned thither again, and saw there one Freeman, whom they called the Protestant Cheesemonger, calling, To poll, to poll. That he saw Mr. Alderman Cornish come up to the Sheriffs, and tell them, they were doing right, and say to Sheriff Shute, You shall have all right done to you. That he saw also Mr. Swinnock, and Mr. Jekyll the Elder there. Mr. William Bell deposed, to Mr. Cornish, Mr. Bethel, and Mr. Pilkington's being there. Mr. Vavasor swore to Mr. Cornish and the two Sheriffs being there; and that had it not been for Mr. Hammond, he had been trod underfoot. Mr. Denham deposed, That he saw Sir Thomas Player, and Mr. Jenks there in the Yard. Mr. Farrington swore, That he saw there the two Sheriffs, Sir Thomas Player, Mr. John Wickham the Scrivener in Lothbury, Mr. Jenks the Linen-draper, Alderman Cornish, Babington, and one Jennings an Upholsterer; and that his Toes were trodden upon, and a mischief had been done him, had it not been for Mr. Fletcher and Mr. Hill. Mr. Cartwright deposed, he knew the Names of none there, only that he saw the Lord-Mayor had like to have been thrown down, going out of the Hall, after he had adjourned the Court, had it not been for Mr. Shaw; and that going to save him, he wrenched his back, and spit Blood for seven days after. Then Mr. Shaw deposed, That the Lord-Mayor coming down the steps, there was such a crowd, that if he had not catched him in his Arms, he had fallen upon his Forehead, and his Hat was off. Then Mr. Kemp deposed, that Mr. Deagle confessed to him, that he was there about seven at Night. And Mr. Rigby swore, That he saw Master Deagle there among the Crowd about that Time. After this Mr. Williams (of Counsel for the Defendants) urged, That none of the Cries or Hissing were fixed upon the Defendants; nor were they concerned therein, though they were there. And that it was a Question, Whether the Right of Adjourning was in the Lord-Mayor? And if not, that then here could be no Riot. Sir Francis Winnington spoke to the same purpose, for the Defendants. And then Mr. Thompson called Sir Robert Clayton, who deposed, That in his Mayoralty there was a Poll for the Election of Sheriffs, and that he left the management thereof, which lasted five or six days, wholly to the Sheriffs, as belonging to them; and that when it was adjourned, from Saturday to Monday, he supposed it was done by them, he not thinking it did belong to any Body else. Mr. Love then deposed, That two and twenty Years ago he was Sheriff; and upon the Election of new Sheriffs, the Lord-Mayor left the management of the Hall to him, and his Brother Sheriff, bidding them look to their Office, never interposing at all; and if he had, truly he should have bid the Lord-Mayor have looked to his Office: The management of the Hall at Elections, having always been judged, in his Time, the Right of the Sheriffs. Then Mr. Holt urged for the Defendants, That this Assembly, upon such a Supposition of the Sheriffs Right, could not be made a Riot, so long as no Extravagances were committed. And Mr. Wallop spoke to the same purpose. And then Mr. Deputy Sibley deposed, That he had been on the Livery every since 1639; and that he never remembered any Lord-Mayor to interpose in Elections till here of late, it being always left to the Sheriffs, as belonging of Right to them. And Mr. Winstanley swore, That the Poll in Sir Robert Clayton's Time, was managed by the Sheriffs. Then Mr. Jackson deposed only, That the Crowd was so great, he could scarce see one way or other. But Mr. Roe deposed, That he than saw a matter of an hundred with their Hats upon Sticks, crying, Damn the Whigs; saying, the Work was done to stop the Poll.— Whence the Defendants Counsel inferred, That if there were any rudeness, those very People that came with the Lord-Mayor were the cause of it. After this Mr. Attorney General called Sir Simon Lewis and Sir Jonathan Raymond, who were Sheriffs when Sir Robert Clayton was Lord Mayor, and they both deposed, that they took the Lord Mayor's Directions, and that he did Adjourn the Court; and they only appointed, from Day to Day, till the Pole was ended. Sir James Smith, who was Sheriff the Year after Sir Robert Clayton, deposed, That he never heard it questioned but that the Lord Mayor had the right of Adjourning. And then Mr. Common-sergeant related the whole passage, and deposed, That Sir Robert Clayton did Adjourn the Court himself. After which Mr. Williams urged particularly in defence of the Lord Grey, that he was there only accidentally, coming to Sir William Gulston with whom he was treating about selling the Manor of Corsfield in Essex; one Mr. Ireton who treated for him, deposing, That there was such a treating on foot; and that he heard of an appointment to meet again. And Sir Thomas Armstrong deposed, That he saw Sir William and my Lord together that night about eight a Clock. After which the Counsel for the Defendants urged, That the Case being so probable, their insisting upon it would not make it a Riot; and that the Assembly was not continued in a tumultuous Manner, but with a good Intent; and it could not be a Riot, unless there were an evil Intention to do some mischief; instantcing in the Case of Sir Robert Atkins. Then Mr. Attorney General summed up the Evidence; asserting that Assembly to be unlawful, after the Adjournment of the Lord-Mayor; and a being present therein, and countenancing it, was enough to make them Guilty of the Riot. The Lord Chief Justice summed up much to the same purpose. And then the Jury withdrawing for some time, brought in all the Defendants Guilty of the Trespass and Riot. The Trial of Capt. Thomas Walcot at the Old-Baily, London, on a Commission of Oyer and Terminer held there for the City of London and County of Middlesex, on Thursday July the 12th, 1683. THen and there the Prisoner was Arraigned, (together with William Hone, John Rouse, and Capt. William Blague) upon an Indictment, for High-Treason, for conspiring the Death of the King, and raising a Rebellion in this Kingdom; To which he pleaded Not Guilty, with the other three. And after some Exceptions the following Jury was Sworn. Nicholas Charlton, Christopher Pitts, Robert Beddingfield, John Pelling, William Winbury, Thomas Seaton, William Rutland, Thomas Short, Theophilus Man, John Genew, John Short, and Thomas Nicholas. To whom the Indictment being read, Mr. North (of Counsel for the King in this Cause) opened the same; and Mr. Attorney-General, Mr. Sergeant Jefferies, and Mr. Sollicitor-General opened the Evidence. And then Col. Rumsey deposed, That about the latter end of October, or beginning of November, he was sent by the Lord Shaftsbury to Mr. Shepherd's House, near Lombardstreet, to the D. of Monmouth, Lord Russel, Lord Grey, and Sir Thomas Armstrong, to know of them what was done about raising Arms at Taunton? who told him, that Mr. Trenchard had failed them about the Men, and they could proceed no further at that time. Whereupon the Lord Shaftsbury said, there was no dependence upon those Gentlemen, and so prepared to be gone for Holland. That about a fortnight or three Weeks afterwards, there was a meeting at Mr. West's Chamber, where was Mr. West, Mr. Goodenough, Mr. Wade and another, where the taking off the King and the Duke was proposed as the surest way; and for that end Mr. Ferguson was writ for out of Holland; who came over, upon that Letter, and Capt. Walcot with him, upon Ash-Wednesday. And they had several meetings about getting a sufficient number of Men; and Mr. Goodenough, and Mr. Rumbold brought Notes of many Names; and Capt. Walcot was then present, and undertook to be one of the Men that should help to kill the King, at Rumbold's House near Hodsden in Hertfordshire, as he should come from Newmarket, the Saturday before Easter; but Capt. Walcot refused to have an hand in attacking the Coach, only he would command a Party, that should charge the Guards. For there was to be several Parties; one small Party was to have killed the Postilion, another to kill the Horses, and Mr. Rumbold with a certain number to seize the Coach, and Captain Walcot the Guards: but the Fire at Newmarket causing the King to return on the Tuesday before Easter, they could not have their Men in a readiness, and so were disappointed. Immediately upon this, it was resolved on in another meeting, whereat the Prisoner was, that Money and Arms should be provided; and Mr. Ferguson undertook the raising of Money, and Mr. West the buying of Arms therewith; and Mr. Goodenough and Mr. Rumbold the providing of Men to be in a readiness against the first opportunity that happened, further designing to kill the King as he came from Windsor to London, or from Windsor to Hampton-Court, or the Playhouse; and that Mr. West did tell him, he did buy Arms, and received 100 l. of Mr. Ferguson for them. That the Thursday before the Discovery they met at the Salutation in Lombardstreet, where was Captain Walcot, Mr. West, Mr. Wade, the two Goodenough's, Mr. Nelthrop, and himself discoursing about the Division of the City into 20 parts, 7 of which Mr. Goodenough gave an account of. That on the Saturday following they appointed another meeting at the George on Ludgate-hill; but the Discovery coming out, there met only four of them: And the Monday after the Discovery they met again at Capt. Tracy's, there being the Prisoner, Mr. West, Mr. Wade, Mr. Nelthrop, the two Goodenough's, and Mr. Ferguson, who exclaimed against Keeling, and resolved to be gone. Then Mr. Keeling being Sworn, related, how before the King went to Newmarket, he was drawn in by Goodenough, and provided Burton, Thompson, and Barber to join in killing the King, whom Rumbold encouraged thereto, by telling them the conveniences of his House for that purpose, being a loan House, and having a Court-Wall; using this as an Argument, That to kill the King and the D. of York would be a keeping one of the Commandments, because unless that were done, there would be a great deal of Bloodshed committed; telling them the way how they designed to effect it, as before; and if this way failed, then there should be Men in the Habit of Countrymen, with a Cart in the Lane, who should run the Cart a-thwart the Lane, and so stop the Coach.— That at the Dolphin-Tavern in Bartholomew-Lane, where were Rumbold, West, Goodenough, and Hone the Joiner; he heard West talking to Rumbold about the King's returning from Newmarket, ask him how many Swan-Quills, Goose-Quills, and Crow-Quills, with Sand and Ink he must have? To which was answered, 6 Swan-Quills, 20 Goose-Quills, and 20 or 30 Crows-Quills: saying that by Swan-Quills was meant Blunderbusses, by Goose-Quills Muskets, and by Crows-Quills Pistols, and by Sand and Ink Powder and Bullets.— That he was at the Salutation-Tavern in Lombardstreet with the Prisoner, and others, the Thursday before the Discovery, where some of them called him Gulick (there being then a Report of one Gulick that headed a Rising at Cologn) Mr. West telling him that Gulick in Dutch was Keeling in English; and that he hoped to see him at the Head of as good an Army in Wapping, as Gulick was at Cologn; which was all he could say as to the Prisoner.— He gave them a further account, how Goodenough gave him 3 Papers of 3 Divisions of the City, one for himself, and the other 2 for whom he could trust; advising him to take 9 or 10 Men to his Assistance, who were to ask several Persons, Supposing that the Papists should rise, or be a French Invasion, Are you in a Posture of Defence? Which was all they were to communicate, and by this means feel them, and see how many Men could be raised; telling him moreover of a Design to kill the King and the Duke at the Bull-Feast, and lay it upon the Papists as a Branch of the Popish Plot: and that one was drawing a Declaration to take away the Chimney-Money, that so the common People might fall in with them more readily. Saying, that it was trouble of Mind caused him to make this Discovery, which he did to one Mr. Peckham, who brought him to the Lord Dartmouth, and thence to Mr. Secretary Jenkins: Acknowledging himself to be the Person who arrested the Lord-Mayor; and that Goodenough did tell him, that the Design was to secure the Lord-Mayor, and the Sheriffs, and the Tower. Then Mr. Zachary Bourne deposed, That he came acquainted with the Prisoner by means of Mr. Ferguson who lodged at his House; That he was at their Meeting at the Dragon upon Snow-hill, where the Prisoner was; and their Discourse was about a Design of raising and dividing the City into 20 parts, in order to the securing of his Majesty and the Duke of York, and setting up the Duke of Monmouth. That he was at the Meeting also at the Salutation in ; and that the first meeting he had with them, was about ten days before the Discovery. That Mr. West spoke about securing the Lord Keeper, for that he would call him to account for Colledge's Death. That he would have spoke to two Nonconformist Ministers concerning this Design, but Mr. West was unwilling, and said, the Ministers had destroyed all Designs ever since Constantine's Time, and he would have nothing to do with them now. That he met also with them at Capt. Tracey's on the Monday after the Discovery, where the Prisoner was, and there they discoursed about killing of Keeling; and rather than be hanged, thought it better to stand to it with Swords in their Hands. That he never heard indeed the Prisoner speak any thing of assassinating the King, but that he had several times heard a discourse of Lopping, (by which was meant taking off the King and the Duke) and supposed the Prisoner had been at the hearing of it too, as being the Discourse of several Meetings. Then Mr. West deposed, That one Mr Wilcocks brought him and the Prisoner first acquainted; who in November last imparted a Secret to him of a Design, of an Insurrection to be made within three Weeks or a Month, wherein the Lord Shaftsbury was engaged, and had engaged him; saying, that he had an expectation of being a Colonel of Horse, proffering the Witness a Command under him; which he declined, because he had not a Constitution to bear the Toils of War.— That the Prisoner than told him also of another Design the Lord Shaftsbury had upon the King and Duke, as they came from Newmarket in October last; but that he abhorred any such ungenerous thing, and would not be concerned in it, but only in a general Insurrection; ask to have borrowed a Suit of Silk-Armour of the Witness, and employed him to procure him a stiff Tuck: farther telling him, that the Lord Shaftsbury was preparing a Declaration to be published, in case of an Assassination or Insurrection, ask the Witness to undertake to do one too; because he would have several People draw it, to pick one good one out of all; showing him some Collections which he said he had made towards it: Which was a Collection of all the Passages in the three Reigns of King James, Charles I. and this King; which he called Attempts to introduce Arbitrary Government and Popery; taxing them with some personal Vices, and that the Government was dissolved, and they were free to settle another Government. Acquainting him that Mr. Ferguson had the management and conduct of the Assassination in October; and that he likewise was acquainted with the Insurrection, and was a great Man in it. Meeting therefore with Ferguson, in discourse he told him, that there was but two ways for the People to preserve themselves from Bondage; and one was by a general Insurrection; the other by killing the King and Duke, which he said was the best way. Then going to a Tavern with him, where was Col. Rumsey and one Row, they appointed to meet at the Witness's Chamber, as a place of privacy and little observation: Where when they met, Mr. Ferguson proposed several ways of Assassinating the King and the Duke. One was, as the King and Duke had their private visits in St. James'; another was, as they went down the River, by overturning or sinking their Barge; another was at the Playhouse, by forty or fifty Men placed in the Pit with hand-Blunderbusses, Pistols and Swords, who when the Music struck up between the Acts, should fire upon the Box. But because this was thought hazardous, they thought it better to do it as he came back thence, in Covent-Garden under Bedford-Garden Wall. That Col. Rumsey also did say, He wondered that the Lords and great Men that were so fond of the King, did not raise a Purse, and buy some Body an Office, who should rail against the Duke of Monmouth, and the whigs, and by that means get himself an opportunity of access to the King's Person. That Capt. Walcot also told him, after the Design in October had miscarried, that there was another Design of attaquing the King and the Duke at my Lord-Mayor's Feast, in the Hall, or in their return Home, in Paul's Churchyard, or at Ludgate: And that Mr. Ferguson told him the same thing; but the King not dining there, the thing was wholly disappointed. That after these Discourses, Mr. Ferguson retired to Holland, being afraid because of a Book that he had printed; and Capt. Walcot went with him. That there he stayed till they writ for him to come over; and then they had several meetings, and resolved upon the Assassination at Rye-House, Mr. Ferguson, Mr. Goodenough, and Mr. Rumbold undertaking to provide Men: And the providing of Money and Arms was also discoursed on, and the manner of doing it proposed; the Prisoner being to attaque the Guards, he refusing any other part therein. Rumbold proposed a way to bring them off, when the thing should be done, over the Meadows, and so by Hackney-Marsh; which the Prisoner did not like, but rather that they should retire within the Wall, and there keep till Night, being a place they could defend against any Force for a day's time. That as to the Design upon the King's coming from the Playhouse, one Mr. Row told him he had discoursed with one Gibbons, that was the Duke of Monmouth's Servant about it, and asked him, if any of their Family knew of it? and he said, They all knew of it, but would not be seen in it; and said, that he showed him the place. That after the disappointment at Rye-House, they adjourned to his Chamber to consider what they should do. And a day or two after they met at the Dolphin Tavern, where Mr. Keeling talking of Blunderbusses and Pistols in downright English; he told him it was a foolish thing to talk so before Drawers, and that was the occasion of calling them by the Names of Swan-Quills, Goose-Quills, and Crow-Quills. At the next Meeting (which was the next Week) at the George and Vulture, where was the Prisoner, Mr. Goodenough, Mr. Ferguson, one Norton, and one Ayliff; They agreed to buy Arms, viz. 10 Blunderbusses, 22 Inches in the Barrel; 30 Carbines, 18 Inches; and 30 Cases of Pistols, 14 Inches; putting him upon the buying of them, because he was serviceable not other way; and could have a Pretence for it, because he had a Plantation in America; but Mr. Ferguson was to pay the Money; which he did, after he had bought the Arms, with 93 Guinies, which as he supposed came from Mr. Charlton. That at the last meeting with Mr. Ferguson, he heard him say, That there was a Man employed to see what conveniency there would be for an Assassination between Windsor and Hampton-Court; but that was never reported, and so laid aside. That had the Assassination gone on, these things were to be done; The Lord-Mayor and Sheriffs were to be killed, and as many of the Lieutenancy as they could get: and Papillon and Dubois be forced to take the Office of Sheriff upon them, or else be used as the rest. And Sir Thomas Gold, Sir John Shorter, or Alderman Cornish (who was thought the fittest Person) be set up for Lord-Mayor. The Principal Ministers of State also were to be killed, the Lord Hallifax, the Lord Rochester, and the Lord Keeper (whom they said they would hang upon the same post that College was hanged upon for his Murder); Sir John Moor was to be killed, and hung up in Guild-Hall; and the Judges to be flayed and stuffed, and hung up in Westminster-Hall. And several of the Pentionary Parliament were to be hanged up also. The King's Natural Sons they said were good lusty Fellows, and would serve for Porters or Watermens; and the Lady Ann they would marry to some Country Gentleman for a Breed to keep out Foreign Pretences. And that the Prisoner at the Bar was, sometimes at these Meetings, when these things were discoursed of, though not so often as the rest. And after the News of the Fire, he said he believed God showed his disapprobation of the thing, desiring to have his Name concealed; whereupon Ferguson told him, he needed not to be ashamed, for that it was a glorious Action, and such an Action as he hoped to see publicly gratified by the Parliament; and questioned not but they should be famed for it, and have Statues erected for them, with the Title of Liberatores Patriae.— That he had told some Nonconformists, who desired him to forbear; but, says he, they are silly People, that do not know how to distinguish between killing a Prince for difference in Opinion about Religion, and destroying a Tyrant, for preservation of the Rights and Liberties of the People; saying, it was an Action that would make all the Princes of the World tremble, and teach them to use their Subjects kindly. That about Christmas Col. Rumsey acquainted him of an Insurrection designed to be about March, carried on, by the D. of Monmouth, Ld. Russel, Ld. Grey, Ld. Howard, Col. Sidney, Major Wildman, and Mr. Hambden; to whom they drew up some things to be done for the People, but they were rejected in regard all was to be left to a Parliament.— That he was at the Salutation, where Mr. Nelthrop called Mr. Keeling, Culing.— That there was a Treaty with the Scot's, but was broke off, as Mr. Ferguson told him, because they would not presently declare for a Commonwealth.— That at the Young Devil-Tavern, he met with the Prisoner, and others, where Holloway did propose, that since the Scotish Business was broken off, they should try what Forces could be raised here: and Mr. Ferguson did say, that if 3000 Men could be had, he believed the D. of Monmouth and the Lord Russel would appear in the head of them. That a Map was brought, and the City divided into 20 parts; and each 20th part into 14ths and 15ths, and one principal Man was to have one 20th Part; and that Goodenough reported afterwards that there were 1300 Men out of two of the Hamlets.— That Mr. Bourn told him he had spoken to one Parson Lob, who said, he would try what his Congregation would do.— That about a fortnight before the discovery, Rumbold told him the jealousy he had of Keeling, which if he could be satisfied of, that he designed to betray them, he would get him into the Country and kill him; but upon the Saturday before the Discovery, Rumbold and one Gale, that was to be one of the Assassinates, lent Keeling 100 l. he being in need, and they unwilling to discourage him. On the Monday after the Discovery, they met in the Morning at Capt. Walcot's Lodging, where it was agreed to go beyond Sea, only the Witness had no mind to go, and a Boat was hired, and 5. l. given in earnest; But understanding the Messengers were abroad, and believing the River was beset, every Man shifted for himself; and the Witness shifted by the means of Mr. Bourne who helped him to a Conveniency for two or three days.— That being thus retired, they got Mr. Keeling in the City, and Rumbold discoursed him in the presence of several Persons, who denied that he had discovered, wishing a great many Imprecations upon himself. That after some discourse of killing him, they proposed to him to go out of Town, which he refused. That the same Night, upon tracing him, they found he had called out his Brother, and was gone to the Secretary's; whereupon it was took for granted that the Discovery was made, and that every Man must shift for himself. That upon that, Mr. Wade said, That if the Duke of Monmouth would go into the West, they might try a Push for it still. And the Prisoner at the Bar said, he was satisfied God would deliver the Nation, but that he did not approve of the present Instruments. Thus the sum of what was fastened on the Prisoner was, That he was at several Meetings, where the kill of the King and Duke was consulted of; that he went down to Rumbold's House to view the Place, and undertook to fight the Guards. To this he pleaded, that he never was at Rumbold's House, but once, as he travelled from York by Norwich, and so to London. And that he was not so natural a Fool to think, for him to charge the Guards, when another kills the King, but that he should be as Guilty as he that kills. And that he was ill of the Gout all the while the King was at New-market. And for that Assassinating the King, it never entered into his thoughts more or less. But a Letter was then produced under his own hand to Sir Lionel Jenkins, Secretary of State, purporting, His trouble to see himself in his Majesty's Proclamation, and his resolution to lay himself at his Majesty's Feet, and acknowledge his Crime, and discover all he knew relating to England, Scotland, and Ireland, which he supposed might be more than the Original Discoverer was able to acquaint his Majesty with. And farther, That if his Majesty thought fit, he would follow those Lords and Gentlemen who were fled, and as soon as he could, would inform his Majesty what Measures they intended to take next. Otherwise he was resolved to give his Majesty no further trouble, but to lie at his Mercy, let him do with him what he pleased. This letter Mr. Blathwait swore, Capt. Walcot owned for his, when he was examined before the King.— And Capt. Richardson swore likewise, that yesterday, his Clerk discovered a piece of Paper in the Prisoner's Hand, which he designed to have given his Son; which was a Letter to Capt. Tracy, his Landlord, to desire him to speak to Col. Rumsey, and Mrs. West to speak to her Husband to be tender of him, have ground enough to serve the King upon other Men; and the last words of the Note, were, If you cannot be Private, leave the Issue to God. To the whole the Prisoner pleaded, That the Witnesses had made long Speeches, though very little of them relating to him, though too much. That he was sent for out of Ireland (where his Habitation was, being a Man of a competent Estate) by the Lord Shaftsbury, to go Governor to Carolina; but it being some while before he came, his Lordship gave his Commission to another. That being in England, the Lord Shaftsbury invited him to go with him into Holland, which he did; and upon his Lordship's Death he returned to London. That he confessed it was his folly to frequent this Company; but it was plain that the Witnesses had sufficiently dipped themselves, and therefore to save their own Lives, they had combined to take away his. That he did hear a deal of what they had now deposed, but never had any hand in it, either directly or indirectly, and therefore supposed his Crime could be only Misprision of Treason. The Jury then desiring he might be asked, What he had to say to the Letter? he replied, That what he had promised, he undertook upon his intimacy with Mr. Ferguson, by whose means he believed he should have an Interest with the rest. That he did, according to his Promise, give an Account of what he had heard; but the King was not pleased with him, because he did not descend to Particulars; which he could not do, he having never been at any of their Meetings or Debates, nor knew any thing but what he had by a private Hand. He then produced one Witness, who testified his being ill of the Gout for about three Months, but could not certainly tell the Time. After this Mr. Sol. Gen. having summed up the Evidence, the Ld. Ch. Justice gave his Charge to the Jury; who after about half a quarter of an hours consideration, returned, and brought the Prisoner in Guilty. The Trial of William Hone, at the Old-Baily, on Friday, July 13. 1683. THen and there the Prisoner appearing, having been arraigned the day before, for Conspiring the Death of the King, and the Subversion of the Government, and for providing himself with Arms to that purpose: And after some frivolous Evasions, pleaded Not Guilty, (though he confessed himself then Guilty of the Conspiracy, but not of providing Arms): He desired now to retract his Plea, and confessed the Indictment; though still denying that he had provided Arms; but owning that his Deposition before Sir William Turner was true, and that he was asked by Mr. Richard Goodenough to go along with him; but was not told whither, though he understood it was to kill the King and the D. of York. But this not being taken for a full Confession, Sergeant Jefferies desired he might be tried. So the Jury were sworn, without any Challenges, viz. Nicholas Charlton. Christopher Pitts. Robert Beddingfield. John Pelling. William Winbury. Thomas Seaton. William Rutland. Thomas Short. Theophilus Man. John Jenew. John Short. Thomas Nicholas. To whom the Indictment being read, Mr. Jones and Mr. Attorney General opened the same. And then Mr. Keeling deposed, That he saw the Prisoner at the Dolphin-Tavern, where the Arms were agreed upon, and the King's coming from Newmarket discoursed on; and about the Swans-Quills, Goose-Quills, Crows-Quills, Sand, and Ink, etc. After which he took acquaintance with him, and after some time told him, he was one of them that was to go down to Rye to Assassinate the King. And since, at a Coffeehouse in Swithen's Alley, he told him, It would never be well, till the Blackbird and the Goldfinch were knocked on the Head; meaning the King and the Duke of York. Mr. West then deposed, That he was at the Meeting ; but that he was sure the Prisoner did not come in till the Discourse was over. That he told him then that Mr. Goodenough had spoke to him about a little Job for the Duke. That he had seen him often in the Company of Manning, who was designed to be another of the Assassinates. That being once at his Chamber, the Prisoner said to him, Master, shall we do nothing? Adding, that if the Duke of Monmouth would be true and appear, he could bring fifty or sixty honest Men of t'other side the Water to do the Business; either a brisk Push, or the two Brothers, the Captain and Lieutenant, which were, the terms they used since the Van-Herring was printed. That he thought him a pretty honest Fellow before this Time; and that he thought him deluded by Goodenough in the thing. Whereupon the Ld. Ch. Justice asked West, if be came to justify these things? West replied, That he had been basely deluded, and he was sorry for the poor Fellow: Which caused the Ld. Ch. Justice to tell him, that it was unusual for Men in his Condition to use such Expressions in such a Case. And being afterwards told by Mr. Serj. Jefferies, that he found him not worthy of the Mercy the King had shown him: Then Mr. West replied, That it was a Word put from him unawares. Then Sir Nicholas Butler deposed, That he had long known the Prisoner, and that he was always ready for plotting such Purposes as were now laid to his Charge. For that when Sir Francis Chaplain was Lord-Mayor, and the King stood at Mr. Waldo's the Prisoner came to his House, and told him, that now they had a fair Opportunity to take off the King and the Duke at once: To which purpose there were to be half a dozen with Crossbows, at a Window in Bow-Steeple, just opposite to the Balcony. That thereupon he acquainted the King and the Duke of York herewith, and one Horsel was appointed to search and watch the Steeple, but none came; and that the Prisoner upon his Examination hereof before the King, had confessed all this. Capt. Richardson deposed, That he was by while Sir Nicholas examined the Prisoner, as to the Crime he now stood charged with; and that he said, that Mr. Goodenough came and told him he wanted Labourers; and that it was to kill the King and the Duke of York; and confessed, that he agreed to be one that would undertake it; and that Goodenough promised him 20 l. to but him an Horse and Arms. That at another Meeting, he said, he was for killing the King, and saving the Duke; but Goodenough was for both. That he told them the Business of Rye, which place he knew not; but said, it was the place where the King was to be murdered. To all this the Prisoner said little or nothing, only that he did not know the place where, nor when it was proposed about the Rye; and that he was drawn into it by Goodenough. That as to the Crossbows he was only told it, but never designed it. And being asked what Religion he professed? he answered, That he heard sometimes Baptists, sometimes Independents, and sometimes Presbyterians. After a short Charge, the Jury brought him in Guilty without stirring from the Bar. The Trial of William Russel Esq at the Old-Baily, on Friday, July 13. 1683. THen and there the Prisoner appearing, he was Arraigned upon an Indictment of High-Treason, for conspiring the Death of the King, and subversion of the Government: To which being required to plead, he desired a Copy of his Indictment; but being told nothing could be granted till he had pleaded, he pleaded Not Guilty. And then complained of his being arraigned and tried at the same time; desiring a Copy of his Panel, having had only some Names of Persons usually upon Juries; and that his Trial might be deferred till the Afternoon, in regard he had a Witness that was not in Town. But the Attorn. Gen. urged the Jury might be called. Then the Prisoner desired a Pen and Ink, and some to write for him, and to have the use of his Papers; all which were granted. And then John Martin being named, the Lord Russel asked if he were a Freeholder of forty Shillings a Year; saying, that he thought none were allowed but such as were Freeholders'. To which the Court replied, That no Panel was made in London by Freeholders', for that London Estates, belonging either to the Nobility or Gentry that lived out of the City, or to Corporations, London was excepted. To this his Lordship urged the Statute of 2 Hen. 5. wherein he said it was positive, that in Cases of Life and Death, no Man should be judged but by those that have forty Shillings a Year. But the Attorn. Gen. not allowing the Prisoners Exceptions, his Counsel were called, and again assigned him by the Court, Mr. Pollexfen, Mr. Holt, and Mr. Ward; who learnedly urged what they took to be Law in that Case; and were answered by the Attorn. Gen. Mr. Sol. Gen. Sir George Jefferies, and Mr. North the King's Counsel. And then it was adjudged, by eight of the Judges being present, (viz. the Ld. Ch. Justice, the Ld. Ch. Baron, Mr. Justice Wyndham, Mr. Justice Jones, Mr. Justice Charlton, Mr. Justice Levins, Mr. Baron Street, and Mr. Justice Withens) that in case of Treason, was no good cause of Challenge. The Jurymen therefore were called; and after the Lord Russel hah challenged 31 of them, the following Persons were sworn, viz. John Martin, William Rouse, Jervas' Seaton, William Fashion, Thomas Short, George Toriano, William Butler, James Pickering, Thomas Jeve, Hugh Noden, Robert Brough, Thomas Oneby, To whom the Indictment being read, the same was opened by Mr. North, and the Attorney-general opened the Evidence. And then Col. Rumsey being sworn, deposed, That about the latter end of October, or beginning of November, the Lord Shaftsbury sent him from his Lodging by Wapping to Mr. Shepherd's, to the Duke of Monmouth, the Lord Russel, Lord Grey, Sir Thomas Armstrong, and Mr. Ferguson there met, to know what Resolution they were come to about the rising of Taunton: Their answer was, That Mr. Trenchard had failed them, that he had promised 1000 foot and 300 Horse, but when he came to perform it, he could not. He thought the People would not meddle, unless they had some time to make Provision for their Families. That Mr. Ferguson made this Answer, the Lord Russel and the Duke of Monmouth being present, and the Lord Grey saying something to the same purpose. And upon this it was, the Lord Shaftsbury prepared to be gone. That he was with them at Shepherd's about a quarter of an hour, and that there was some discourse about seizing of the Guards at the Savoy and Mews, in case the Insurrection had gone on, (which was to have been on Novemb. 19) and that the Duke of Monmouth, the Lord. Grey, and Sir Thomas Armstrong undertook to view the Guards; and that the Lord Russel assented to all this; and the Witness was to have gone to Bristol by the order of the Earl of Shaftsbury against that time. Then Mr. Shepherd deposed, that in October Mr. Ferguson came to him in the Duke of Monmouth's Name, to request the conveniency of his House, for him, and some other Persons of Quality to meet; That in the Evening came the Duke of Monmouth, the Lord Grey, the Lord Russel, Sir Thomas Armstrong, Col. Rumsey, and Mr. Ferguson, one after another. That Sir Thomas Armstrong desired they might be private, and therefore what they wanted, he fetched up himself, not suffering his Servants to come up. That their Discourse was about seizing the Guards; and the Duke of Monmouth, Lord Grey, and Sir Thomas Armstrong, went one time to view them; and the next time they met at his House, he heard Sir Thomas say, the Guards were very remiss in their Places, and not like Soldiers, and that the thing was feasible if they had strength to do it. That they met twice at his House, and the Prisoner was there both times. That Mr. Ferguson read a Paper, in the Nature of a Declaration, setting forth the Grievances of the Nation in order to a Rising. He could not say the Lord Russel was present at the reading of it; but Col. Rumsey was; who then denied it, saying, it was over before he came. Then the Lord Howard, being sworn, began his long Evidence with a low Voice (pretending the News he had just then received of the Earl of Essex's Fate, had sunk his Voice) and a long Story of the Designs of the Earl of Shaftsbury, an Account of which he had from Capt. Walcot, whom he brought acquainted with the Earl of Shaftsbury; and by whom the Earl of Shaftsbury sent for him, while he absconded, at one Vvatsons at the end of Woodstreet, and there discovered to him his Design of the Rising, and that he had 10000 brisk Boys ready to follow him, whenever he held up his Finger, who were to possess themselves of the Gates, and would in an Hour's time be 5 times multiplied. But that his Design was much retarded by the backwardness of the Duke of Monmouth and the Lord Russel, who failed him in not being ready prepared to concur with him in the Country; that he then endeavoured to show the Earl of Shaftsbury the necessity of having those Lord's concurrence in so weighty an Undertaking, and proffered his Service to bring them to a right Understanding among themselves: to this end he spoke with the Duke of Monmouth, who denied that either he or the Lord Russel had given the Earl of Shaftsbury any encouragement to be so forward, because they knew the Country could not be ready to stir so soon. That a Meeting was then proposed, but afterwards put off, by reason of the Earl of Shaftsbury's fears of being discovered. That the Duke of Monmouth told him, that the Lord Russel had been with the Earl of Shaftsbury, and persuaded him to put off his Rendezvouz for only a Fortnight, against which time they would try to be ready for him. But the Country not being ready, that Design was disappointed. That in October Captain Walcot acquainted him with the Design upon the King, with which he acquainted the Duke of Monmouth, who said he would never suffer it, and they did all they could to prevent it. This failing, the next Design was to be on Novemb. the 17th; but the Country not being then in a readiness, the Earl of Shaftsbury upon hearing it, went away for Holland. That after this they all began to lie under a sense, that they had gone so far, and communicated it to so many, that it was unsafe to make a Retreat; And for the carrying it on, thought it necessary there should be some General Council, that should take upon them the care of the whole: Whereupon they erected the Council of six, which consisted of the Duke of Monmouth, Earl of Essex, Lord Russel, Mr. Hambden jun. Col. Sidney, and himself. That these met at Mr. Hambden's House about the middle of January last; and there the Particulars offered to their Consideration, whereto they were to bring their Advice, were, Whether the Insurrection were most proper to be begun in London, or in the Country, or both in an Instant? What Countries and Towns were fittest, and most disposed to Action? What Arms were necessary to be got, and how to be disposed? How to raise a Common Bank of 25 or 30000 l. to answer all Occasions? And lastly, How to draw Scotland to consent with them, it being thought necessary that all Diversion should be given.— That about ten Days after, the same Persons met again at the Lord Russel's; where it was resolved to send into Scotland, to invite some Persons hither, who could give the best account of the State thereof, viz. Sir John Cockram, the Lord Melvil, and Sir Hugh Campbel; and that in Discourse it was referred to Col. Sidney, to take care of that Business; who afterwards told him, he had sent Aaron Smith, and given him 60 Guinies for his Journey. That to avoid Observation, they concluded not to meet till the return of this Messenger; and he going in the mean time to his Estate in Essex, and thence to the Bath, he knew nothing more; only when he came back he was informed Smith was come back, and Sir John Cockram with him. That he was sure the Lord Russel was present at these Meetings; and to his understanding did consent, though nothing was put to the Vote; And he wished he could say the Lord Russel was not there. To this the Prisoner insisted, that most he had said was only hearsay, and the two times they met, was not upon any form Design, but to talk of News, and they were delighted to hear the Lord Howard talk, being full of Discourse, of a voluble Tongue, and talked well. And that he never saw any of the Scotch Gentlemen, only the Lord Melvil, but never upon this Account. Here the Attorney General urged that Aaron Smith did go into Scotland, and that Campbel he went for was taken; which Mr. Atterbury swore that he was then in his Custody, and that he had been, by his own Confession, four days in London before he was took. Then Mr. West deposed, That he never had any Conversation with the Prisoner, only he had heard Mr. Ferguson and Col. Rumsey say, that the Lord Russel, in the Insurrection in November, intended to take his Post in the West, where Mr. Trenchard had failed them; and that they most depended upon him, because he was looked upon as a Person of great Sobriety.— But this being all but Hear-say, the Court would not admit it as Evidence. The King's Counsel therefore left the Evidence here, and called on the Prisoner to make his Defence; who to all this made Answer, That he could not but think himself mighty unfortunate to stand there charged with so high a Crime, and that intermixed with the horrid Practices and Speeches of other People, the King's Counsel taking all Advantages, and improving and heightening things against him. That he was no Lawyer, an unready Speaker, and not so well prepared as he should be, etc. That he thought his Jury were Men of Consciences, and would consider that the Witnesses against him swore to save their own Lives. Neither was what Col. Rumsey swore enough to take away his Life; or if it were, the Time was elapsed by the 13th of this King, which limits Prosecution to six Months. Neither was a design of Levying War, Treason, unless it appeared by some Overt-Act, as appears by the 25th of Edw. 3d. And then desiring to know upon what Statute he was indicted; it was told him, upon the 25th of Edw. the 3d. Whereupon he desired Counsel upon these two Points, as Matter of Law; Whether the Treason were duly proved? and if it were, Whether it were punishable by the Statute? In Answer to which, the Court informed him, That if he were contented that the Fact should be taken as proved against him, and desired Counsel upon what was bare Matter of Law, he should have it granted; but there could be no Matter of Law admitted, but upon a Fact admitted, and stated.— And whereas he insisted, that the Business at Mr. Shepherd's House was sworn to only by one Witness; It was answered, that if there were one Witness of one Act of Treason, another of a 2d, and another of a 3d, that manifested the same Treason, it was sufficient.— The Statute then of 25th of Edw. 3d. c. 2. was read. And then the Prisoner insisted that he was never but at one Meetings at Mr. Shepherd's; and Col. Rumsey was there before he came in: but Rumsey said, No, the Duke of Monmouth and the Lord Russel went away together. Then in behalf of the Prisoner, the Earl of Anglesey declared, That visiting the Earl of Bedford last week, the Lord Howard came in, and told the Earl of Bedford that his Son could not be in such a Plot, or suspected of it; and that he knew nothing against the Lord Russel, or any Body else, of such a Barbarous Design. And then going on to tell what the Lady Chaworth had told him, the King's Counsel interrupted him, telling him, as the Court would not permit them to give Hear-say-Evidence against the Prisoner, so they must not permit his Lordship to do it for the Prisoner. Mr. Edward Howard declared, That the Lord Howard took it upon his Honour and his Faith, he knew nothing of any Person concerned in that Business; and no● only thought the Lord Russel unjustly suffered, but he took God and Man to Witness, he thought the Lord Russel the Worthiest Man in the World. Dr. Burnet declared, The Lord Russel was with him, the Night after the Plot broke out, and did then, as he had done before, with Hands and Eyes lifted up to Heaven protest, that he knew nothing of any Plot, nor believed any, and treated it with great Scorn and Contempt. The Lord Cavendish testified to the Prudence and Honour of the Lord Russel, and how unlikely it was for him to be concerned, and had heard him declare his ill Opinion of Rumsey, two or three Days after the Discovery, and therefore that it was unlikely he would entrust him with such a Secret. Dr. Thomas Cox, and Dr. Burnet again testified as to his Life and Conversation, and of his averseness to all Rise; and that he said the Lord Howard was a Man of Luxureant Parts, but he had the luck not to be trusted by any Party. Dr. Tillotson, Duke of Somerset, Lord Clifford, Mr. Levenson Gore, Mr. Spencer, and Dr. Fitz-williams' spoke as to his Lordship's Conversation. And then the Lord Howard being asked by the Jury what he said to the Earl of Anglesey's Evidence, owned what the Earl said, but that he did it to outface the Matter; and if he said untrue, he ought not to be believed on his Oath; insinuating, that he meant what he said, to be meant of a Design of Murdering the King, which he did not not believe the Duke of Monmouth or the Lord Russel guilty of: Carrying his knife close (as he expressed it) between the Paring and the Apple. After this the Lord Russel made a short Conclusion, protesting his Loyalty and Innocence; telling the Jury he was in their Hands, and prayed God to direct them. Then the Solicitor General summed up the Evidence, and after him Sergeant Jefferies taking Notice of the Earl of Essex's Death, as an Evidence of Gild, did the same. And the Ld. Ch. Justice delivered his Charge to the Jury; and then the Court Adjourned till 4 a Clock in the Afternoon, when the Jury brought the said Lord Russel in Guilty of the said High-Treason. The Trial of John Rouse Gent. at the Old-Baily, on Friday, July 13. 1683. THen and there the Prisoner appearing, (having been arraigned the day before upon an Indictment of High-Treason, for conspiring the Death of the King, and subversion of the Government, and pleaded Not Guilty) he moved the Court, but in vain, for longer time: And therefore the Jury sworn, after several Challenges, were, Robert Beddingfield. John Pelting. William Windbury. Theophilus Man. John Short, sen. Thomas Nicholas. Richard Hoare. Thomas Barnes. Henry Robbins. Henry Kempe. Edward Radish. Edward Kempe. To whom the Indictment being read, Mr. Jones, and Sir George Jefferies opened the same; and than Thomas Leigh was sworn; against whom the Prisoner excepted, because he had been sworn against as Guilty by two Persons; and being acquainted with the Prisoner, he was afraid the Prisoner should swear against him, and therefore come now to swear against the Prisoner first. But this was not allowed to be any Objection. Therefore Mr. Leigh deposed, that he had been concerned in this Conspiracy, and knew something of it, but that he believed Mr. Rouse knew a great deal more; for that Goodenough and the Prisoner engaged him in a Design of raising of Men; and Goodenough told him the Design was to set up the Duke of Monmouth, and kill the King and the Duke of York; and that Sir John Moor and the Aldermen were, to be killed, and their Houses plundered; and that there would be Riches enough which would serve to maintain the Army. That Mr. Rouse told him, he could provide Arms for 100 Men, and that nothing was to be done unless the King was seized; saying, we might remember since 41, when the King went and set up his Standard; therefore, said he, we will seize them, that they shall not set up their Standard: But said, he was not for shedding their Blood. That he said also, it would be convenient to have a Golden Ball played upon Black-Heath, and to get some Sea-Captains to manage that Affair, and said, he would engage Ten; and he that wins the Ball, take it. That every Captain should then take his Party, and tell them they had other work; and then go with Long-Boats and Arms and seize the Tower. That he acquainted Goodenough with this; and telling him the Charge of the Ball, which the Prisoner had told him would be 10 or 12 l. he said if it were 40 l. he would be at the Charge of it all. That after he heard he was sworn against, Mr. Rouse cut off his Hair, and procured him a Wig, and lodged hint at his House. That he and Rouse, and Mate Lee went several times to view the Tower. That Rouse told him, he had spoke to two Sea-Captains, who were willing, but one was going to New-Jersey, and therefore the Work must be done before he went, or he could not assist. That while he lay hid at Rouse's House, Mr. Nelthrop and Mr. Goodenough directed him to deny all, he should be taken into Custody, and if could not touch his Life.— That they met several times afterwards; and had an Account in June last, that Mr. Goodenough was in the North raising Men, and that the Duke of Monmouth was thereabouts, and that a Deliverance should be wrought for all this. That the Design was so laid, that he was told it was to be done in a Fortnight. That they never agreed on a Method to kill the King, but that they told him they had 1000 Horse ready in the Country, and 500 Horse ready in Town, and that the King should be killed coming from Windsor. That they were contriving to send Arms by Night in Trunks to some private Place, where they were to arm themselves in the Night; and some brisk Men were to go to Windsor to know when the King came, and give Information; and so they were to set upon him in some convenient Place, and both the King and the Duke were to be taken off together: Mr. Rouse saying, Take them off, and then no Man can have Commission to fight for them. And both to him, and in Company, Mr. Rouse (who had been a Traveller) had said, That the King was sworn, both in France and Spain, to bring in Popery and Arbitrary Power in so many Years, and therefore it was no Sin to take him off; and told him, he had it under his own Hand. Then Mate Lee deposed, That the Prisoner had several times treated with him to get Seamen fitting to make Commanders of Ships; some of the King's Men of War that lay at Deptford and Woolwich, for that the Tower and was to be secured, or else they could do nothing. Mr. Thomas Corbin deposed, That in 1681, he heard the Prisoner say, He thought the Session of the Oxford Parliament would be very short: But those frequent Prorogations and Dissolutions of Parliament, would not avail the King; son that what ever he has, the Parliament gave him, and they may take it away when they please. Upon which one bidding him have a care what he said; he replied, The King had forfeited his Crown, and had no more right to it than he had. Mr. William Richardson deposed, That when the Prisoner was first seized, he denied his Name to be Rouse, calling himself Johnson. The Prisoner's Defence, was only a retorting the Accusation upon the Witness, alleging, That Mr. Leigh first discoursed these Treasons to him, which he only listened to, to pump out the bottom of his Design, that he might discover them. Protesting his Innocency, and that the words Mr. Corbin testified against him, was not spoke of the Parliament, but of the Pope, and he had been before tried and acquitted for them. Saying, it was his unhappiness he had no Witnesses to call. The Ld. Ch. Justice therefore, in a few words, summing up the Evidence, the Jury presently brought him in Guilty. The Trial of Capt. William Blague, at the Old-Baily, on Friday, July 13. 1683. THE Prisoner having been Arraigned the day before, and pleaded Not Guilty, to an Indictment for High-Treason, for conspiring the Death of the King, and subversion of the Government, was then and there set again to the Bar; and making no Challenges, the former Jury was sworn, viz. Robert Beddingfield. John Pelling. William Windbury. Theophilus Man. John Short, sen. Thomas Nicholas. Richard Hoare. Thomas Barnes. Henry Robins. Henry Kemp. Edward Radish. Edward Kemp. To whom the Indictment being read, and briefly opened by Mr. North, and Sergeant Jefferies; Thomas Leigh deposed, That the Prisoner in discourse with him and Goodneough about seizing the Tower, told them, that the only way was to do it with Mortarpieces, that he would venture his own Ship, and provide 200 Men; and lay his own Ship on Southwark side, and make up his 14 Guns he had already 24; and would undertake, once in 20 times, to dismount the five Pieces that faced towards Southwark-side. That he asked Goodenough what Money was provided? who answering, 40000 l. He answered, the Seamen would swallow that up presently; to which Goodenough replied, there was more provided at any time. Mate Lee swore, That the Prisoner told him, as they were in a Coach together, that one of these days they should have a Ball to toss; which afterwards he understood by Rouse and Leigh, was the Ball that was to be tossed on Black-Heath. That about six Weeks ago, Capt. Blague and he walking about the Tower, and discoursing of seizing it; his way was to scale it; but the Captain said, the best was to shoot Mortar-pieces on Southwark-side; but about the Ship he could say nothing. The Prisoner's Defence was, That his Business with Rouse was, to procure him Money, as being a Broker; which brought him sometimes into Goodenough's Company; but that he never discoursed about any Public Affairs; and as to the seizing the Tower, it was only accidental Discourse: And as for his 200 Men, it was impossible, his Vessel being but a Pink, which had been in his Possession but three Weeks; and what Arms he had, he bought therewith, and that he never heard any thing about, either a Ball or Bank of Mony. [Calling his Witnesses.] Mr. Wright declared, That he had waited on the Captain ever since he had been shipped; and was in his Pay before he had the Ship in possession. Robert Chapel, Carpenter, declared. The Vessel was not able to do any Service three Weeks ago; and that he had been shipped four Months and an half to go for New-York. One Bellinger the Chirurgeon declared, That he had belonged to the Ship seven Weeks, and to the Captain before he had a Ship; and for Guns belonging to the Ship, there were fourteen Saker-Guns, of which four were Wooden ones; six above Deck, and four in the Hold.— The Lord Chief Justice than summed up the Evidence, taking notice to the Jury, that these Men belonged to the Captain a great while ago, and that there was only one Evidence that did affect him. Wherefore the Jury Withdrawing, in a short time returned, and brought him in Not Guilty. THE next day, being Saturday, July 14. 1683. the Lord Russel, Capt. Walcot, Mr. Rouse, and William Hone, were brought to the Bar to receive Sentence. Where the Lord Russel desired to hear his Indictment read in English, which was granted; and thereupon demanded an Arrest of Judgement, because there had been no Evidence of his conspiring the Death of the King, (as it was in the Indictment) but only of levying War. But the Verdict being past, the Court told him, they must go by what the Jury had found, and not the Evidence; and therefore Sentence was passed upon him, to be Drawn, Hanged, and Quartered. Capt. Walcot had nothing to say, but desired that his Son and some Friends might come and see him. Hone had no more to say, but begged the same favour. Rouse insisted on some Disadvantages he had when he came on his Trial; and some difference between the Indictment, and their Oaths; but Verdict being past, Judgement was given against them three, as against the Lord Russel. And upon Friday, July 20. following, Walcot being drawn to Tyburn in one Hurdle, and Rouse and Hone in another, and there put into a Cart, attended by Dr. Cartwright the Dean of Rippon, and the Ordinary of Newgate, who urged them much to discover all they knew of the Plot, after they had spoke to the People, were executed accordingly. The next day, being Saturday, July 21. the Lord Russel having taken leave of his Lady, the Lord Cavendish, and several others of his Friends, at Newgate, took Coach, with Dr. Tillotson and Dr. Burnet, who accompanied him to the Scaffold, built in Lincolns-Inn-Fields, where he delivered his Speech to the Sheriff; and after some Preparation, he ordered the Executioner, after he had lain down a small moment, to do his Office, without a Sign; and so his Head at three blows was severed from his Body, and ordered by the Sheriff to be delivered to his Lordship's Friends and Servants, as being given them by his Majesty's Favour and Bounty. The Trial of Algernon Sidney Esq before the Lord Chief Justice Jeffreys, at the King's-Bench Bar at Westminster, on the 7th, 21st, and 27th, of November 1683. UPON Wednesday Nou. the 7th, 1683. Algernon Sidney Esq was arraigned at the Kings-Bench Bar upon an Indictment of High Treason, for conspiring the Death of the King, and intending to raise a Rebellion in this Kingdom. Which Indictment he excepted against as erroneous, several Crimes being put together therein, distinct in nature one from another, and distinguished by Law: offering to the Court a Parchment, wherein were his Exceptions to the Bill, but it was refused, and he forced to plead, which he did at length, Not Guilty. And then he desired a Copy of the Indictment, which was denied him, but upon his Request, it was read to him again in Latin, and his Trial appointed to be on Wednesday Novemb. the 21st, 1683. Then and there the Prisoner again appearing, he desired Pen, Ink and Paper, and that Mr. Winn and Mr. Gibs might write for him, which were granted him; and then he shown the reason he had before to desire a Copy of his Indictment, which the Lord Stafford, and the other Lords in the Tower had, urging it for Law, upon the Statute of 46 Edw. 3. But the Court overruled it. Then the Clerk of the Crown called the Jury, and after several Challenges, the Jurors were, John Anger, Richard White, William Linn, Laurence Wood, Adam Andrews, Emery Arguise, Josias Clerk, George Glisby, Nicholas-Baxter, William Reeves, William Grove, John Burt. To whom the Indictment being read, Mr. Dolben opened the same, and the Attorney General opened the Evidence; and then Mr. West was called, against whom the Prisoner excepted; because he had heard, that he had confessed many Treasons, and desired to know if he was pardoned, alleging that otherwise he could not be a good Witness; but the Ld. Ch. Justice would not bear of it, he having been a Witness at the Ld. Russel's Trial, and therefore being sworn, he deposed, That (as to the Plot in general) Capt. Walcot had told him in October last, the Lord Shaftsbury designed an Insurrection in November, which he dissuaded him from: and a little afterward he told him the thing was disappointed, and upon it Shaftsbury went into Holland: That Col. Rumsey about Christmas told him, the D. of Monmouth, E. of Essex, Ld. Howard, Ld. Russel, Mr. Hambden jun. and the Prisoner at the Bar, intended an Insurrection; but afterwards he said, they would not venture thereon, till they had a Concurrency in Scotland: That Mr. Nelthrop afterwards told him, that Colonel Sidney had sent Aaron Smith into Scotland, with Letters to invite some Scotish Gentlemen to Town, with Money to bear his charges: The Letter bearing a Cant of settling Business in Carolina, but really was in order to the Insurrection. That afterwards Mr. Smith returned, and some Scotish Gentlemen with him. And soon after Mr. Ferguson said the Scots proposed, That if they might have 30000 l. in ready Money, they would undertake to make an Insurrection in Scotland, without the Concurrence of England; which Proposal, he said, was agreed to, and the Money would be soon ready, and Mr. Shepherd would return it; That the Arms were ready bought, and the E. of Argile would go into Scotland, and head the Scots. That some difference arose about raising this Money; but the Ld. Grace did offer to raise 10000 l. out of his own Estate, if the rest would pay their Proportion: That then the Scots came down to less, but were not complied with: That the places for rising were Bristol, Taunton, York, Chester, Exeter and London, where it was to begin: That the Prisoner and Major Wildman were very instrumental in breaking off this Agreement, because they could not agree about a Declaration, and about the form of Government; the English inclining to a Commonwealth; which the Scotish Nobility it was supposed would not agree to: That as to the Prisoner, he knew nothing in particular, and never spoke with him till since the Discovery. Then Colonel Rumsey being sworn, deposed, That about the latter end of October, or beginning of November, he was sent by the E. of Shaftsbury to Mr. Shepherd s, to know of the Gentlemen met there (who were the D. of Monmouth, the Ld. Grace, Ld. Russel, Sir Thomas Armstrong, Mr. Ferguson and Mr. Shepherd) what was done about the Rising intended at Taunton? who told him that Mr. Trenchard had failed them, and that it must cease for that time. That afterwards he met several times in March, April and May, at Mr. West's Chamber, and other places with Capt. Walcot, Mr. West, the two Goodenoughs, Mr. Bourn and Mr. Wade, where they had divided the City into twenty parts, of seven parts of which Mr. Goodenough brought an account, but said nothing of the other thirteen, because he had not spoken with those who were to tell him how many Men they would afford for the Insurrection. That a Council of six, (as Mr. West and Mr. Goodenough told him) did manage the Rising, which were the D. of Monmouth, E. of Essex, Ld. Howard, Ld. Russel, Colonel Sidney, and Mr. Hambden. Then Mr. Keeling deposed, That in Summer last, Mr. Goodenough brought him three Papers, one for himself, and the other two for whom he could trust, in the two Divisions; whom ask if he designed a General Insurrection? he replied that if he did not, if the King was taken off, this would do well, for then the People would know how to have recourse to a formidable Body. And he had heard him also say, that Colonel Sidney, whom he knew not, had a considerable part in the Management of that Affair. Then the Ld. Howard deposed, That about the middle of January last, the D. of Monmouth, Colonel Sidney and himself, being together (who he supposes were the first Movers hereof) did think it necessary to an Enterprise that had been long in hand, and fallen flat then, that it should be revived by some select Cabal (not exceeding seven) that should be set up to give it Life, and govern its Motions. To this end the D. of Monmouth undertook to engage the E. of Salisbury, the Ld. Russel, and Colonel Sidney, the E. of Essex, and Mr. Hambden. Soon after he was told the Persons named had agreed; and had appointed a meeting at Mr. Hambden's House that Month, where he met them, viz. the D. of Monmouth, E. of Essex, Ld. Russel, Colonel Sidney, Mr. Hambden, and himself: and being met, Mr. Hambden opened the Session, giving an account of the Reason, End and Intention of that Meeting: That afterwards they discoursed of the time of Rising, and of Arms, and Money to be provided, the D. of Monmouth propounding 25 or 30000 l. but before any advance should be made, a Coalition with Scotland was to be procured, and a fit Person thought on to be sent thither. That about the middle of February following, they had another Meeting at the Ld. Russel's House; where it was propounded by Mr. Hambden (discoursing of the Government they would terminate in) to have all resolved into the Power of a Parliament; which, though sounding harsh to some there, was consented to, it being only a public Good which all intended. Then was considered the setting a Correspondency with the E. of Argile, the Ld. Melvin, Sir John Cockram, and the Campbels, Colonel Sidney proposing Aaron Smith to be sent, taking the care hereof upon himself; whom afterwards he sent, and he saw about sixty Guinies which the Prisoner told him were for Smith; and afterwards told him, that he had heard from him, from Newcastle; after this he going into the Country, heard nothing further. Sir Andrew Foster then deposed, as to his seeing Sir John Cockram, Commissary Monro, and the campbel's in Town at the beginning of Summer, coming up under a pretence of making a Purchase in Carolina; but that after the Rumour of the Plot, Cockram absconded, and the campbel's (Father and Son) he heard were seized, changing their Lodgings. Then Mr. Atterbury deposed, that the beginning of July last he was sent for into London, upon a discovery of some Scotch Gentlemen that lay 'bout Blackfriars; and when he came, the Common Sergeant had been before him, and found Sir Hugh Campbel, and Sat John Cockram, who had been some little time in Town, making an escape into a Boat. After this Sir Philip Lloyd, swore his seizing of Papers in Colonel Sidney's House, the latter end of June last, the Colonel being present; and that he believed those Papers shown him now in the Court to be the same. Mr. Shepherd swore, that he was acquainted with his Hand, and that he believed the Writing shown him was his Hand; for that he had seen him write the Endorsement upon several Bills of Exchange. Mr. Cary swore it to be like what came to him for his Handwriting, though he had never seen him write but once; but had seen his Endorsement on Bills. Mr. Cook swore he had never seen him write, but it was like his Endorsement on Bills, which he hath paid, and was never called to an account for Mispayment. Then Mr. Attorney General directed the Clerk what part of the Libel he should read; which accordingly he did; and among the rest, these particular Passages which were laid in his Indictment, viz. The Power originally in the People of England is delegated unto the Parliament, He (meaning the King) is subject unto the Law of God as a Man, to the People that makes him King, in as much as he is a King. The Law sets a measure to that Subjection, and the Parliament judges of the particular cases thereupon arising. He must be content to submit his Interest unto theirs, since he is no more than any one of them in any other respect, than that he is by the common Consent of all raised above any other. If he doth not like this condition, he must renounce the Crown; but if he receive it upon that condition (as all Magistrates do the Power they receive) and swear to perform it, he must expect that the Performance will be exacted, or revenge taken by those that he hath betrayed. And elsewhere was read these Sentence, viz. We may therefore change or take away Kings, without breaking any Yoke; or, that is made a Yoke which ought not to be one; the Injury therefore is in making or imposing, and there can be none in breaking it. Also, that the general Revolt of a Nation from its own Magistrates could not be called a Rebellion. And that the Power of calling and dissolving Parliaments is not in the King. Much more was read, on the same Argument, and then the Sheets were shown to the Prisoner, who said he knew not what to make of it, and let him give an account of it that did it. After which the Record of the Conviction of the Ld. Russel was read; the King's Counsel here ending their Evidence. The Prisoner then beginning his Defence, desired to know upon what Statute he was indicted; and being informed it was upon the Statute of 25 of Edw. 3. upon the first Branch, for conspiring the Death of the King; he argued that the finding of such a Pager in his House, could not therefore concern him. For though Sir Philip Lloyd did ask him to put his Seal to it, yet not till he had been in his Closet, and he knew not what he had put into the Bag, and therefore he refused to seal it. And for his Hand, it was easy to be counterfeited. And for the Witnesses, that he never spoke with the D. of Monmouth above three times in his Life; and that therefore the Ld. Howard's Testimony was very improbable. That however there was only he that witnessed against him; whereas there ought to be two to the same thing. That the Ld. Howard had said at the Ld. Russel's Trial, that he said all he could, but that now he had said many things he did not then mention; particularly what concerned Mr. Hambden; that he was under the Terror of Punishment for Treason whereof he had accused himself; and had said that he could not get his Pardon, until he had done some other Jobs, and till he was past this Drudgery of Swearing; besides that he owed him a considerable Sum of Money, and had protested the Prisoner's Innocence.— That the Paper seemed to be written long since, and in answer to Sir Robert filmer's Books, etc. Urging that conspiring to levy War is no Treason, and desired Counsel upon it (but the Court would not hearken) He urged also that no Man ought to be answerable for what he writes in his own Closet, unless he publish it. After which he called the E. of Anglesy, who declared that being in company with the E. of Bedford, when the Ld. Howard came to give him a visit, and to comfort him in his Affliction for his Sons being taken, he told him he was not to be troubled, for that he had a discreet, a wise, and a virtuous Son, and that he could not be in any such Plot, and his Lordship might therefore well believe his Son secure; for he believed he was neither guilty, nor so much as to be suspected. He proceeded further, and said he knew of no such barbarous design; and could not charge the Ld. Russel with it, nor any body else. The E. of Clare declared, that the Ld. Howard, about a Week before he was taken, did say, speaking of the Times, that if ever he was questioned again, he would never plead, because he was sure they would have his Life, though never so innocent; saying, he thought the Persecution was begun which Bp. Usher had prophesied of, but he hoped it would be short. And for Col. Sidney, he did with great Asseverations assert that he was as innocent as any Man breathing, speaking much in his praise, and bemoaning his misfortune; which he thought real, because never Man was engaged more to another, than he was to Col. Sidney; And speaking of Papers, he said he was sure, they could make nothing of any Papers of his. Then Mr. Philip Howard declared, that when the Plot first broke out, he met the Ld. Howard at his Brother's house, and telling him of it, and naming the Persons to him, who had confessed it, he said he knew none of them, and it amazed him, thinking such a thing not possible. That advising him then to procure an Address from the discontented Lords, to show their Detestation of the thing, as a means to reconcile all things, he promised him to go about it, desiring him to stay till he came back; but that he never came back while he was there. The next day, he found him again at his Brother's house, and telling him of the Ld. Russel's being taken, he said, We are then all undone, desiring him to go to the Ld. Privy Seal to see whether he was to be taken up: for that he doubted it was a Sham-Plot: for if it were a true Plot, he should fear nothing; but being a Plot made upon them, no Man was free. That he met him a third day at the same Place, and found him very melancholy, because (as he said) Col. Sidney was taken; he having that particular Obligation from the Colonel that no one Man had from another. Then Dr. Burnet declared, that the Ld. Howard came to him, the day after the Plot broke out, and with Hands and Eyes lifted up to Heaven, he protested he knew nothing of any Plot, and believed nothing of it, and said, that he looked upon it was a ridiculous thing. Joseph Ducas (a French Man) declared, that the Ld. Howard came the day after Col. Sidney was took, to the Prisoner's house, advising the carrying all the things out of his house where they might be safe. And another time coming again, he said he knew nothing of this Plot, and he was sure had Col. Sidney known any thing, he would have told him. And that he then telling my Lord, he was not safe in his House; the Ld. Howard said he had been a Prisoner, and he had rather do any thing in the World than be a Prisoner again. Then the Ld. Paget declared, that seeing the Ld. Howard presently after the breaking out of this Plot, he told him he was glad to see him abroad, and that he was not concerned in this Disorder. Which he said, he took as an injury to him, for that his saying so looked as if he were guilty; but that he knew nothing of himself, or any Body else; nor had he seen any Body that could say any thing of him, or give him any occasion to say any thing of any Body else. Mr. Edward Howard declared, That as soon as the Plot broke out, the Ld. Howard having a great intimacy with him, he expressed a great detestation, and surprising in himself to hear of it; and assured great Asseverations, that he could neither accuse himself, nor any Man living; and that he was much concerned for certain Persons of Quality, that they should be so much reflected on, or troubled about it. And that this he verily, thinks my Lord spoke sincerely; and that he knew his Disposition so well, that if he had had any Gild upon him, be would never have stood his being taken.— That another time, discoursing the Ld. Howard about this Plot (which he omitted at the Ld. Russel's Trial, by reason of the reproof accidentally given him) that it was certainly a Shame, even to his Knowledge, too black for any Minister of of public Employment to have devised, but that it was forged by People in the dark, such as Jesuits and Papists, and that this was his Conscience. And that he consented to Address the King under his Hand to testify his abhorrency of the thing; but upon the Lord Russel's being taken, this was laid aside. That he really believed what my Lord said then was true; and were he of this Jury, he would not believe what he said now. For saying which, the Court told him, he ought to be bound to his good Behaviour. The Prisoner than urged the Mortgage, which the Lord Howard acknowledged. Mr. Blake then declared, that about 6 Weeks since, the Ld. Howard sent for him to come and see him; and talking then of his Pardon, he said he had a Warrant for it, and their Word and Honour for it, but that he would do nothing in it till he had further order; and that he heard nothing of it, and could ascribe it to no other Reason, but that he must not have his Pardon till the drudgery of Swearing was over. The Prisoner then called Mr. Hunt, and Burroughs, to prove that the Ld. Howard said he could not have his Pardon till he had done some other Jobs, but they did not appear. Then Grace Tracy declared, that the Ld. Howard protested his Ignorance of the Plot, and of Colonel Sidney's being concerned in it. Elizabeth Penwick declared to the same purpose; and that he desired withal that the Colonel's Plate might be sent to his House for Security, for that he was apprehended through Malice. Then one Mr. Wharton stood up, and offered to the Court, that if the sheets might be shown him, he would undertake to imitate them in a little time, that they should not know which was which. It being the easiest Hand that ever he saw in his Life. Then the Prisoner proceeding in his Defence, urged the Statute upon which he was Indicted, as consisting of 2 Branches, which were confounded in his Indictment together, though they were distinct species of Treason. And that the business of Aaron Smith was only conjecturally and implicitly sworn. And the Papers were imperfect, and had been writ many Years, and never published, and could have no concatenation with the Select Council, which the Ld. Howard had sworn, though selected by no Body; urging how unlikely it was for a War to be raised by 6 Men, not knowing nor trusting one another; the Ld. Howard putting such things upon them, as were impossible for any one to do, that had but the sense of Porters and Grooms. The Solicitor General then summed up the Evidence; making the Ld. Howard, and his Papers, two very good Witnesses against him. Then the Ld. Ch. Justice declared his Charge to the Jury, who withdrew for half an hour, and then brought the Prisoner in Guilty. And upon Monday, November the 26th, being set to the Bar, the Prisoner pleaded that he conceived he had had no Trial, for that some of the Jury were no Freeholders', and were not summoned by the Bailiff, but were agreed upon by the Under- Sheriff and others; desiring the Indictment might be read again, (which was done) and then he urged it was void, because it deprived the King of his Title of Defensor Fidei, which was Treason by the Law. Urging that there was no Treason in his Papers; and desiring the D. of Monmouth might be sent for, to testify if there were any such thing as a Design, etc. complaining that his Evidence had not been rightly summed up; and appealing to God and the World; he not being heard.— After which the Ld. Ch. Justice pronounced Sentence upon him, to be Drawn, Hanged, and Quartered, etc. Upon which Col. Sidney cried out; Then, O God, O God, I beseech thee, Sanctify these Sufferings unto me, and impute not my Blood to the Country, nor the City, through which I am to be Drawn; let no inquisition be made for it: but if any, and the Shedding of Blood that is Innocent, must be revenged, let the weight of it fall only upon those, that maliciously Persecute me for Righteousness sake. — Whereupon the Ld. Ch. Justice told him, he prayed God fit him for another World, for he saw he was not fit for this. But the Prisoner holding out his Hand, bid his Lordship feel his Pulse, and fee if he was disordered; blessing God, he never was in better temper than he was now. On Friday, December the 7th, following (his Sentence being mitigated by his Majesty's Grace and Favour) he was brought from the Tower, to a Scaffold on Tower-Hill, where after a short Preparation, he was beheaded by the Common Executioner. The Trial of John Hambden Esq before the Lord Chief Justice Jeffries, at the King's-Bench Bar at Westminster, on Wednesday, February 6, 1683. ON Wednesday, November 28th, 1683. John Hambden Esq was Arraigned at the King's-Bench Bar, upon an Indictment of High Misdemeanour, for contriving and practising to disturb the King's Peace, and stirring up Sedition in the Kingdom. To which having pleaded Not Guilty, and Issue being joined, Bail was taken for his appearing the next Term. Accordingly on Wednesday Feb. 6th, following, the Defendant appeared; and the Jury were impanneled; Joshua Galliard Esq and Mr. Richard Shoveditch, were challenged, by Mr. Williams, of Counsel for the Defendant, because they were both the King's Menial Servants; the first having some Place in the Forest, the other being a Sergeant at Arms; which Reason, after some debate, the Court declared not Legal, though the Persons were set aside; so the Jurors were, Sir Charles Gerard, Bar. Roger Jennings, Esq Henry Hodges, Esq Thomas Harriott, Esq Thomas Earsbie, Esq William Avery, Esq John Sharpe, Esq Charles Good, Esq Samuel Rouse, Esq Hugh Squire, Esq Nehemiah Arnold, Esq John Bifield, Esq To whom the Indictment being read, the same was opened by Mr. Holloway, and Mr. Attorn. Gen. And then James D. of Monmouth was called, who not appearing, Mr. Atterbury swore, that he had left 3 Subpoena's for him; one with Mr. Rawkins at Moor-Park; another with one Johnson, the Porter at the Cockpit; and another with one Mrs. Manley at Mr. Row's House, who was a Servant to the Duke, in Pall-Mall. Then William Ld. Howard was sworn, who deposed, how the Ld. Shaftsbury had communicated to him his design of an Insurrection in the City, and employed him several times with Messages to the D. of Monmouth; but was disappointed by the unreadiness of the D. of Monmouth, and Ld. Russel to join with him, and thereupon he took himself into Holland, where he died soon after. Upon which, afterwards, was constituted this Council of Six, of which the Defendant was one, (he relating the Manner how, much after the same Manner, as in the preceding Trials he had done) mentioning their Meeting at Mr. Hambden's house about the middle of January, and about a fortnight after at the Ld. Russel's, where the sending of Aaron Smith into Scotland, was concluded on, etc. After which Mr. Sheriff, who kept the Black-Spread Eagle in Newcastle, being sworn, corroborated the Ld. Howard's testimony, by deposing that Aaron Smith (who then went by the name of Clerk, whom Mr. Atterbury deposed that he knew, as soon as he was brought where Smith was) lodged at his House about the middle of February last, and there hired a Guide for him, to show him the nearest Road into Scotland, to Douglas; and that he left his own Man at his House till he came again, which was about 12 days, and then he came Southward. Then one Bell deposed, that he was the Guide which was hired by Aaron Smith (whom also he knew again, when he saw him at the Council-Board) and travelled with him about 40 Miles beyond Newcastle, to Jadbrough, within 6 Miles of Scotland; and his Horse being tired, Mr. Smith hired him another Guide there, and he came back to Newcastle; and that he saw him when he came back again, and eat and drank with him at his Inn in Newcastle. Then Sir Andrew Foster deposed, that he saw Sir John Cockram, Mr. Monro, and Sir George Campbel the Son, in Town, the beginning of last Summer. And Mr. Atterbury swore, that Sir Hugh Campbel, Sir George Campbel, Bayley, and some others were taken in blackfriars, the beginning of July last; and that he took the rest in a cunning hole in Moorfields, who were afterwards sent Prisoners into Scotland. Then the Counsel for the King here ceasing their Evidence, Mr. William's spoke in behalf of the Defendant, and observed first of all, That whereas the Ld. Howard was very positive and particular as to some things, yet in what most affected the Defendant, and wherein it concerned them to contradict or disprove him, he was wanting as to that Circumstance of Time of their Meetings. Secondly, That he had not made use of any one Circumstance of Fact in the Case of the Defendant, save only that of Aaron Smith. That it appeared (by his intimacy with the Earl of Shaftsbury's design) that he was deeply guilty of Treason himself; and being there was a Discovery made before him by others, it concerned the Ld. Howard to give an home-Evidence, and perhaps to strain, that he might merit his Pardon, and by exposing this Gentleman, and the Blood of others, secure himself safe.— And also, that he appeared not much to be credited, from his own so often, and so solemn denials of his knowledge of any thing of this Nature; And from his having said lately that the Ld. Russel died innocent, and that Col. Sidney had hard Measure; And from his saying he could not have a Pardon, till the Drudgery of Swearing was over; And discoursing with one about the Souls Immortality, and a future State, his saying thereupon to his Friend, How long wilt thou persist in this folly? How long wilt thou be so foolishly prevailed upon, as to believe the World was ever made, or will ever have an end? These things, that they had witnesses to prove. And that as to Aaron Smith, it was not proved that the Defendant was concerned with him, or with those Scotish Gentlemen that came to Town; nor was it proved that Smith was in Scotland, but only within 6 Miles; And that Mr. Hambden could be proved to be a Man of a sober, retired and studious Disposition; and much in France, and designed again for France, and not likely therefore to be engaged in such Designs of importance.— Proceeding then to call Witnesses. And first Mr. Ducas (the French Man) gave the same Account of what the Ld. Howard had said of his Ignorance of the Plot, at Col. Sidneys House, as he had done at Col. Sidneys Trial. Then Mr. Philip Howard did the like, of what he heard him say, at his Brother's House, as before he had deposed. Mr. Edward Howard was called, but did not appear. The Earl of Clare next gave in his Evidence, upon Oath, as before. As likewise did the Ld. Paget. And after him Dr. Burnet, gave an Account of what Protestations he had made him, of his knowing nothing of the Plot; discoursing an hour to dispossess the Doctor of the belief of any such thing. The Doctor being asked his belief now, said he made no doubt of the Assassination. Mr. Gisborne then deposed, that he heard the Ld. Howard say, the Saturday before he was took into Custody, that he knew nothing of the Plot. Mr. Blake then gave in his Evidence, of what the Ld. Howard said of the drudgery of Swearing. Then Witnesses were called to prove Mr. Hambden, a Person very unlikely to be engaged in such a Plot, as being a wise, virtuous, retired, and studious Man, and not at all of a turbulent, factious, seditious Spirit, as the Indictment charged him to be; but mild, and peaceable, never expressing any discontent about the Maladministration of the Government: To which purpose swore the Ld. Paget, Mr. Pelham, and Sir Henry Hobart who had known him in France; and of his intentions to return into France with the Ld. Montague about March last, for his health; he coming thence but the September before. To which Monsieur Justell (a French Man, who spoke by an Interpreter) deposed; as also Dr. Lupee, another Frenchman, who had lived with Mr. Hambden two Years. Then Mr. William's offered Dr. Needham's Evidence, to declare what Opinion the E. of Essex had of the Ld. Howard; whence he would infer the unlikelihood of ever his meeting to consult with him. But this the Ld. Ch. Justice would not admit of, though Dr. Needham was sworn; saying, It seems my Ld. of Essex had such an opinion of the Ld. Howard's Evidence, That he thought fit to cut his own Throat rather than abide the Trial. Then Mr. Murray was sworn, to depose the Ld. Howard's Opinion of the World to come, before mentioned; which put the Ld. Howard into a violent Passion; and was so pressing upon his Reputation, that the Evidence was waved.— After which Mr. Hambden would have spoke, and Mr. Wallop but Mr. William's would have their Evidence left here. The Ld. Ch. Justice therefore summed up the Evidence; answering the Objections of the Defendant's Counsel; and directing the Jury to bring the Defendant in Guilty, upon the Ld. howard's testimony thus supported by 4 Witnesses, unless they thought him guilty of wilful and corrupt Perjury. The Jury therefore withdrew for half an Hour, and then brought in the Defendant Guilty of the Trespass and Misdemeanour whereof he was Indicted. Upon Tuesday following, Febr. 12th, 1683, the Attorn. Gen. moved for Judgement upon this Conviction; upon which Mr. Hambden being ordered to come into Court, the Judgement of the Court was, that a Fine of 40000 l. should be set upon him; That he should be committed till he paid it; and find Sureties for his good behaviour during Life. Then Mr. William's prayed his Bail might be Discharged, which was agreed, he being Committed. And for the High-Treason it was concluded, that he was discharged by the Habeas Corpus Act, there being no Prosecution.— Then Mr. Hambden was carried away Prisoner by the Marshal. The Trial of Laurence Braddon and Hugh Speke Gent. at the King's-Bench Bar, before the Lord Chief Justice Jefferies, on Thursday, Feb. 7. 1683. THen and there the Defendants, Laurence Braddon of the Middle-Temple Gent. and Hugh Speke of Lincolns-Inn Gent. appeared upon an Information exhibited against them the last Term, by the Attorn. General, for an high Misdemeanour; setting forth, How that the Earl of Essex being committed to the Tower, July 12. last, for Treason, and killing himself, as by the Coroner's Inquest did appear; the said Defendants did give out that he was murdered, and conspired to procure certain false Witnesses to prove it: And published in writing, that the said Braddon was the Person that did prosecute the said Earl's Murder. To which they then pleaded Not Guilty. And now their Jury sworn, were, Sir Hugh Middleton. Thomas Harriot. Thomas Earsbie. Joshua Galliard. Richard Shoreditch. Charles Good. Samuel Rouse. Hugh Squire. Nehemiah Arnold. John Bifield. William Wait. James Supple. To whom the Information being read, and opened by Mr. Dolben, and the Attorn. General. The Warrant of Commitment of the Earl of Essex, directed to Thomas Cheek Esq Lieutenant of the Tower, subscribed Leolin Jenkins, and dated July 10. 1683. Together with the Coroner's Inquisition, taken July 14. that the said Earl did murder himself, were produced and read in Court. After which Mr. Evans being sworn, deposed, That Mr. Edward's, that very Morning the Earl of Essex was killed, told him, on the Custom-house Key, about 11 a Clock, several Persons standing together, that he was informed from Home, that his Boy had told his Wife, that he being in the Tower, saw a Hand throw a Razor out of the Earl of Essex's Window.— That on the Monday after his Brother Mr. Hatsell, came down along with Mr. Braddon to his House at Wanstead in Essex, and shown him the Coroner's Inquest: Which having read, he told them what Mr. Edward's had before told him of his Son; saying, it seemed to contradict that Paper, which says the Razor was found lying by the Earl's Body.— That afterwards, July 17. Mr. Edward's and Mr. Braddon came to him to Smith's Coffee-house; and Mr. Edward's told him, that Mr. Braddon had then been at his House to examine his Son about seeing the Razor. Whereupon he told them, that he had read the Coroner's Inquest in print, and it was otherwise declared there, and therefore desired there might be no discourse of any such thing, for he did not believe it; desiring Mr. Braddon to forbear meddling in any such thing, Mr. Edward's being a poor Man, and having divers Children, might be ruined, and he might ruin thereby by himself too. [The Ld. Ch. Justice's endeavouring to baffle this Witness, by making him repeat his Evidence so often, and dodging him with Questions, and wilfully misunderstanding him, deserves a remembrance.] Next him Mr. Edward's was sworn, who deposed, That July 13. 1683. his two Sons going to Merchant-Taylors School together in the Morning as they used to do, and by the way hearing the King was in the Tower, the younger of them, William Edwards, about thirteen Years old, gave his elder Brother the slip, and went into the Tower, and there rambled till about 10 a Clock; when he came home, and told one of his Sisters that the Earl of Essex had cut his Throat, and that he saw an Hand throw a Razor out of the Window; and a Maid, or Woman, came out of the House, in a white Hood and stuff Coat, and took it up and went in again, and then he heard a noise as of Murder cried out.— That he being at the Customhouse, and hearing of the News of the Earl of Essex's Death, his House being near, he stepped Home about 10 in the Morning, and then his Family informed him of what the Boy had said; and at Dinner he examined the Boy, and found he agreed with the Report of his Family, and confirmed it.— That he did not speak of what his Son had reported till he had been at Home; (which the Court would have made a mighty Contradiction of, because Mr. Evans deposed that he was so informed from Home; as if some one had brought him the Report from Home, and not he himself been at Home for it; and for which the Ld. Ch. Justice shamefully upbraided and slandered him, notwithstanding he very pertinently answered him, that he had not lived these 39 Years at the Custom-house without Honesty.) That he never knew nor saw Mr. Braddon before July 17. Then Mr. Edward's his Son being called, he charged him to speak the Truth; whereupon the Ld. Ch. Justice bid the Boy turn about, and say, Father, be sure you say nothing but the Truth.— Being sworn, the Boy deposed, That Mr. Braddon took his Information in his Father's Parlour, writing down what he told him, concerning what he had seen; that he took his Brother into the Tower, and shown him the Place where he said he had seen the Razor thrown out of the Window. That after the Writing was finished, Mr. Braddon read it to him, and he owned it all for Truth; but refused at first to sign it because he said it was false, and he feared some Danger in it; Mr. Braddon therefore would have had his Aunt to have signed it; but he telling him there was no harm in it, he signed it. And the Information being shown him, he owned that was the Paper, and his Hand; but swore it was false, and that he saw no Razor. Whereupon the Ld. Ch. Justice cried out; What a Dust has such a trivial Report made in the World! Admit that the Boy had said any such thing: What an Age do we live in, that the Report of every Child should blow us up after this rate! It would make a Body tremble to think what a sort of People we live among: To what an Heat does Zeal transport some People, beyond all Reason and Sobriety? If such a little Boy had said so, 'twas not an halfpenny matter; but presently all the Government is to be Libelled for a Boy; which whether he speak true or false is of no great weight; and he swears 'tis all false. Then Thomas Hawkins (the Son of Dr. Howkins of the Tower) being sworn, deposed, That he saw William Edward's in the Tower, July 13. and went with him round the Tower, looking upon the King while he was walking; who going into the Constable's House, they went with other Boys to play, and afterwards he went Home; and then soon after the Rumour of the Earl of Essex's Death coming, he with his Father stood before the Window, and Edward's came to him, and there they stood looking up for an hour or two at the least, and then they went out of the Tower together; and that he was sure there was no such thing as a Razor thrown out of the Window. Upon this the Attorn. General said to the Ld. Ch. Justice, That his Lordship saw what a fine Case this was, and how all this Noise and Bustle has come to be made in the World. That the Rumour first did arise in a Fanatic Family, and was propagated by that Party. Ay (said Mr. Jones) 'tis easily known whence it came. Mr. Blathwait was then sworn, who informed the Court, That on July the 20th, Mr. Braddon brought this Edward's to Whitehall, where the Boy denied, before the King, that the Matter contained in the Information was true; and said, it was only a Lie he invented to excuse himself for having played Truant that day. After this that Mr. Braddon did nevertheless pursue this Business.— He attested also Mr. Speke's Letter, and that he owned before the King and Council. Then Mr. Mon-Stevens deposed, That about five or six days after the Earl of Essex had murdered himself, he saw Mr. Braddon, with a young Man and a Boy, at the Lord Sunderland's Lodgings; and that he told him he came from Sir Henry Capel (who not being well could not come himself) with an Information relating to the Earl of Essex's Death. The Information he gave him to read, and then went with him to the Lord Sunderland, who took the Information; and afterwards Mr. Braddon was committed in Custody, and the thing was brought before the Lords of the Council. Then Sir Henry Capel was called, to know if he employed Mr. Braddon in this Business; who deposed, That he knew very little of Mr. Braddon, but that he had been with him twice; and speaking to him of this Business, he desired him to acquaint the Secretary of State with whatever he had to say of it, to which he seemed very willing. Then one Mr. Beech deposed, That he was present when Mr. Braddon was apprehended in Wiltshire, and several Papers found upon him, (Copies whereof he delivered into the Court) and upon Examination committed to the County Goal, and from thence removed by Habeas Corpus hither up to London; That he than told them his Business was to inquire after the Earl of Essex's Murder; and that one Mr. Burgis of Marleborough had writ him a Letter, that one Compton, Postmaster at from, could inform him that the News was at from that very day the Murder was committed. But the Witness said he had been with this Compton, who denied it, and told him they had no News of it till Sunday following: And the Lord of Waymouth, who lives near from, told him, that he had an account of it on the Sunday; and he believed that was one of the first Letters of it that was in the Country. Then the Papers were read in Court, which were found about Mr. Braddon at his Apprehension. The first was a Letter, subscribed Hugh Speke, and dated London, Lincolns-Inn, Aug. 15. 1683. Wednesday Night, 10 a Clock, and directed, For the ever Honoured Sir Robert Atkins Knight of the Bath, at his House at Netherswell near Stow on the Old, in Gloucester-shire. [Which because it was the only thing that engaged Mr. Speke in this Trouble, the Reader is presented with a Copy of it, entire and not abridged.] Honoured Sir, THe Bearer hereof is one Mr. Braddon, a very honest Gentleman, whose Father has at least 800 l. per Ann. in Cornwall; It seems it is his Fate to be the only Person that follows, and prosecutes the Murder of the Earl of Essex, and he has made a very considerale discovery already of it, notwithstanding the hard Stream he rows against as things stand and are carried on at present. But indeed, I thinks it could never have fallen on so fit a Man, for he has been a very hard Student, and is a Person of a very good Reputation, Life, and Conversation, and has a great deal of Prudence, and has as much Courage as any one living whatsoever. He went away on a sudden hence Post towards Marleborough to make some further Discovery, and what he has discovered he will give you full account of, and of all the Transactions hitherto about it. I lent him my Man to go with him for fear he should come to any Mischief, for most here fear, that he will be either stabbed or knocked on the Head, if he do not take great care of himself; And seeing he came into these parts, I thought it not amiss to go and advise with you how he had best to proceed in it, and I did charge him not to let any Body know who he was, that it might not be known that he had been with you; For I would not for the whole World that you should come to any prejudice in the least for your kindness towards us; For we labour under many Difficulties as the Tide runs at present. Pray call Mr. Braddon by the Name of Johnson when he is with you, I have given him the same Item. We hope to bring on the Earl of Essex's Murder on the Stage before they can bring any of those in the Tower to a Trial. He being in great haste, I have not time to write more, but to assure you that Mr. Braddon is a Person of that Integrity and Courage, that no Body needs fear to trust him. I was very willing that he should take your Advice in this Case, which is of so great a moment, seeing he came within 20 or 30 Miles or thereabouts of your House. He will give you a full and clear Relation of every thing in that Affair, and how hard they have been upon him. Sir Henry Capel told him, that it was a thing too great for him, etc. All which Mr. Braddon (that you are to call Johnson whilst he is with you at your House) will give you a true Relation of Mr. Braddon hath been at a great trouble and charge already about it; I know few that would have ventured to have undertaken this Affair besides himself as Times go. I received yours this Day, with the great pains you took, and the Letter to the Lady Russel, which finding unsealed, I sealed without looking into it, and carried it myself; she returns you ten thousand Thanks, and says, she knows not what return to make you for your most extraordinary kindness. I have not time to write any more at present, by reason that Mr. Braddon, alias Johnson, stays only for this my Letter. I am Sir, Your most obliged Friend, and most humble Servant, Hugh Speke. I am writing a Letter to send to you by the Carrier. Upon the reading of this, a Gentleman appeared from Sir Robert, Atkins, to assure the Court that he never had the Letter, nor knew any thing of it, and to desire therefore there might be no Reflections cast upon him. The Attorney General replied, 'twas an unhappy thing to be thought well of, by such sort of People. Then the Information of Mrs Edward's of what her Son had said. And the Boy's Information. As also another of Jane Lodeman, concerning the same Matter; and of one Mr. William Glasbrooke to attest it; and Mr. Burgis' Letter to Cumpen, were read; all which Papers were found on Mr. Braddon when he was took.— And here the Evidence for the King ceased for the present. Then Mr. Wallop and Mr. Williams, of Counsel for the Defendants, opened their Evidence; and called one Lewes of Marleborough, who refused to be sworn until Mr. Braddon had paid him his Charges; and then he deposed, That between the Hours of 3 and 5, riding up Husband, within three or four miles of Andover, on Friday (the day before the News came to Marleborough, and on that very day the Murder was said to be done) a Man told him, that he had heard that the Earl of Essex had cut his throat. Then Mr. Fielder, a Shopkeeper in Andover, deposed, That it was the common discourse among Women that came in and out of his Shop, and up and down the Town, on Wednesday and Thursday, preceding the Saturday whereon the certain News came (which was before the thing was done) that the Earl of Essex had cut his Throat in the Tower. But because the Witness could not fix the Report upon any particular Person, the Ld. Ch. Justice, cried out, It was a Contrivance to deceive the King's Subjects, and showed a Design to pick up Evidence to amuse the Unwary, and fill their Heads with Fears and Jealousies of he knew not what. Then Mr. Braddon desired to make his own Defence, and called Mr. Edward's again, who deposed, That the first time his Son denied the Report was July 17. after Mr. Braddon came to examine him. Then Mrs. Edward's deposed, what the Boy had told her of the Razor, and that he wept when he told it her, but after Mr. Braddon had been at their House, his Sister telling him when he came from School, that a Gentleman had been to inquire about what he had said, and intimating to him some danger, bidding him to say the Truth, and not tell a Lie to save his Breech, he then denied it; and this was before he signed Mr. Braddon's Paper, and he knew of his denial. Then Sarah Edward's, her Daughter, deposed likewise what her Brother had said, but said, she knowing him apt to tell Lies, did not believe him. That on Tuesday following, after Mr. Braddon had been there, and she had told her Brother of it, he apprehending some danger, did deny it; and in the Afternoon Mr. Braddon coming again, knew that he had denied it; upon which he talked to the Boy, and told him the danger of Lying, and bid him speak the Truth, etc. And on Wednesday Mr. Braddon coming again, the Boy then owned it again, and he writ down what he owned, and said he would be carried to Sir Henry Capel, and the Lady Essex. The Next day Mr. Braddon came again, with another Paper written, to which the Boy, something unwillingly set his Hand.— But Mr. Braddon ask her, what her Brother's Answer was to him, when he asked him, why he had denied it? she said, she could not recollect that; though she confessed the Boy ran to his Mother, and cried out, he should be Hanged; and that he was told that his Father would be in danger of losing his Place, and the Family ruined.— But Mr. Wallop then ask her, if she did not tell him, the King would hang his Father if he did not deny it? The Ld. Ch. Justice, instead of suffering her to Answer, not only upbraided that ancient learned, and worthy Gentleman, as if he intended to charge the King with a Design of hanging Men, if they denied not the Truth; but having huffed and hectored him, did threaten him with the Animadversion and Correction of the Court for reflecting upon, and aspersing the Government; telling him, he was impetuous in the worst of Causes. And there was such a heat in this Cause, he wondered whence it should come, he was sure Not from the Honesty of it.— But old Mr. Edward's, being asked, that the Boy owned that it was Fear and Discouragement through his Sister's Threats, was the Cause of his denying it. Then Mrs. Ann Burt, deposed, That she was present, and Mr. Edward's, when Mr. Braddon took the Examination of the Boy; and that she heard the Boy own what he had said; and that his Mother told her, that the reason of his denying it before, was, because his Sister had been talking to him. But the Ld. Ch. Justice would not permit her to go on with such Hearsays, and so broke off her Evidence. Then Jane Lodeman, a Girl of 13 Years old, was sworn, and deposed, That she being in the Tower, July 13 last, between 9 and 10 a clock, did see a Hand throw a bloody Razor out of a Window, which she was told belonged to the E. of Essex's Lodgings; and she heard either two Shrieks or two Groans presently after: That the Razor fell within the Pales; and she saw a Woman in a White Hood come out, but did not see her take it up. Then the Girl's Information which Mr. Braddon had took from her, was showed, wherein was, that she heard a Soldier call for some Body to come out and take up a Razor; but she said she does not know the Soldier was there, and she heard no Body speak to the Maid; And that she had no knowledge of Young Edward's. Then Margaret Smith was sworn, who was very shy of speaking; any more than that, (she being the Girl's Aunt) the Girl told her what she had seen; and that Mr. Braddon came afterwards and took her Information. Then one William Glasbrooke, living in the same House with Lodeman, deposed, That he being up two pair of Stairs when the Girl came in from the Tower, did hear her telling what she had seen to her Aunt, and that her Aunt chid her for it, but she said she was sure it was true; That he had before that time taken her in a Lie, and thought her a lying Girl. Then William Smith, a Barber in Throgmorton-street, deposed, That he went along with Mr. Braddon, and was present, when he took the Girls Information, and that she then did say, She heard a Man say to them in the House, Here is a Razor; which was all he remembered as to that particular. The Information was then showed him, and he owned his Hand, and said he did read it over, and it was nothing but what the Girl said, he was sure. [But because he had not repeated all about the Soldier, the Ld. Ch. Justice, told him he was a Notable shaver upon his Word! A special Fellow I'd warrant him!] Then Mrs. Mewx was sworn, who would have deposed, That she travelling into Berkshire, July 12. the day before the Earl of Mssex's Death, her Daughter then told her in the Coach, how she had heard it reported, That one of the Lords committed for the late Plot had cut his Throat in the Tower; But the Daughter being with Child, and near her time, and therefore not daring to venture abroad, much less into the Court, the Ld. Ch. Justice would not suffer the Mother to be examined, though sworn; alleging, That because she could not depose on her own Knowledge, it was no Evidence, and therefore against all Judicial Forms to admit it. But Mr. Wallop replied, It was Evidence there was such a Talk. Then Mr. Jeremiah Burgis deposed, That he being at from; July 13. did hear it reported in his Inn, that the Earl of Essex had cut his Throat in the Tower, and that Mr. Braddon coming afterwards to Marleborough to examine him about it, he did write that Letter to from, and gave it Mr. Braddon to carry; and that through a mistake he writ the 6th of July instead of the 13th, (which was the Day whereon he heard the Report) but, upon Mr. Braddon's observing it, he presently mended it. [Upon which the Ld. Ch. Justice presently called it a Juggle, not sparing his Affronts and Discouragements while he was delivering his Evidence; the Attorney General pretty well seconding him.] After this Mr. Thompson moved for his Client Mr. Speke, as not being concerned in this Business, either before or after, any otherwise than by that Letter. And Mr. Speke desiring leave to speak for himself, related the whole Passage, how he came to lend Mr. Braddon (being his acquaintance) his Man and Saddle, and to recommend him by Letter; which he writ to have him take good Advice in what he did; and that it was late at Night when he writ, and had been drinking, and might not so well consider what he did.— But for all that; Mr. Attorney General said that his Letter was ten times worse than what Mr. Braddon had done. But the Ld. Ch. Justice said, He would not have Mr. Braddon topped upon; nor suffer such a Reflection on him, that any Man should be a greater Actor in this Business than he. Then the Attorney General proceeded to the Proof of the Earl of Essex Murdering himself; which the Ld. Ch. Justice said was necessary to satisfy the World; though to a discerning Eye there was enough given from this Day's Evidence, to make it appear a most Malicious and Scandalous Contrivance, to hawk about for every idle Rumour, to pick up Children of such Tender Years, and make them swear any thing to serve a Turn. Then Paul Bomeney was sworn, (the Earl of Essex's Servant) who deposed, That his Lord having long Nails, asked for a Penknife; and on the Thursday, he sending the Footman for other Things to the Steward, he writ a Line at the end of a Note, that he should send a Penknife— That the Footman brought the other things, but not the Penknife, because the Steward sent word he had none, but would send one the next Morning; so early in the Morning the Footman was sent again with another little Note for Provisions, and a Memorandum for his Lord's Penknife. But his Lord asked him for the Penknife before the Footman returned; and not having any, he asked him for one of his Razors, which he fetched and gave him, and wherewith he saw him walking and picking his Nails; and that then he went out and left him, and was talking with the Warder; and looking out of the Window upon the King, who was then in the Tower; and in this time the Footman returned with the Things, and delivered him the Penknife, and a Note from Mr. Billingsley the Steward to show his Lord; which he coming up to do, found no Body in his Lordship's Chamber; so thinking he might be in the Closet, in which stood a Glose-stool, he came down again, and Hayed till he supposed his Lord might be come out. Then he went up again, and seeing no Body in the Chamber, and the Closet Door still shut, he knocked three times at the Door, called on his Lord; but no Body answering, he looked through the Chink of the Door, between the Door and the Wall, and saw Bloody, and a little part of the Razor: That then he called to the Warder, and the People of the House, who came and found his Lord killed, lying all along on his Side, and his Foot against the Door, which (opening into the Room) could not be opened easily, nor very far; which the Warder pushed at, and the Razor lay by his Side. Then Mr. Russel, the Warder, deposed, That he heard my Lord ask Bomeny for a Razor, and saw him give him one; and that none came up to my Lord's Chamber while Bomeney was below; that Bomeney coming up, and making a noise, the ran to him, and opened the Closset-Door, the Key being on the Outside, and there saw my Lord lie in his Blood, and the Razor by him.— Saying, that the Window was towards a back Yard;— that there was no Light, nor Passage towards the Street into Capt. Hawley's House (where was the Earl of Essex's Lodgings) but one Door that goes out from the Entry to go into the Yard. Then one Lloyd, a Sentinel, diposed, That he stood at the Street Door that Morning, and he saw no Body come into the House, not no Coach stand at the Door, nor ho Maid go out in a white Hood, nor no Razor thrown out at the Window, nor did he cry but to any Body; nor was there any other Soldier there but himself. That Capt. Hawley deposed, how he saw my Lord in his Bloods.— That the Casement won't open far, (the House having settled) and is so low, and the Pales nine or ten high, that it is impossible for any one to throw any thing out of the Window to be seen; and that it was one of the horridest and unlikeliest Reports that ever was heard of. Then Mr. speaks Servant was sworn, who related the surprise of his sudden Journey; but that Mr. Braddon having got another to go with him, he came back to his Master again. Then the Ld. Ch. Justice asked the Defandants what they had more to say? Mr. Braddon refused to say any thing. Mr. Speke urged his Innocency of conspiring with Mr. Braddon; that his being concerned, was but accidental, and a surprise to him; and that what he did, was neither designedly, nor with any ill Design. Then Mr. Braddon desired the Jury to take notice, that there had been nothing proved of evil Practices used by him, to persuade these Witnesses to testify a Falsehood, and desired them to take no either notice of any thing that had been, or should be spoken, but what had been proved. Then the Ld. Ch. Justice summed up the Evidence, representing the Crime very odiously, as carrying all the Venom and Baseness, the greatest Inveteracy against the Government that ever any Case did that he ever met with. Insinuating, That because the King and the Duke were walking in the Tower that day, and near that time when this unfortunate thing happened, now it must be whispered, as though the King and the Duke had designed this Murder.— And that there was Digitus Dei in this Accident, and it was enough to satisfy all the World of the Conspiracy, etc. After he had finished his long Speech, full of suchlike Expressions, the Court arose, and the Jury afterwards gave in a private Verdict, which the next Morning was repeated in Court, and recorded. And by that Verdict they found Mr. Braddon Guilty of the whole Matter charged upon him in the Information; and Mr. Speke Guilty of all but the Conspiracy to procure false Witnesses, and of that they found him Not Guilty. And on Monday, April 21. 1684. the Defendants being brought to the Bar, their Counsel moved in Arrest of Judgement; but Judgement being recorded, it was too late, and not admitted, though it was before by consent agreed for the Defendants this day to move. Then after Mr. Justice Withens, and the Ld. Ch. Justice had severely upbraided Mr. Braddon's Impudence, because he shown no sorrow, but still protested his Innocency; and having consulted about the Sentence, Mr. Justice Withens pronounced it, first aggravating Mr. Braddon's Crime, as if he had endeavoured to make the King concerned in the Murder; and would insinuate a Sham-Plot to take away Innocent Protestant Lives; telling, the Court, for this Offence, set upon Mr. Braddon the Fine of 2000 l. and order that he find Sureties for his good Behaviour during Life, and that he be committed till this be performed. And for Mr. Speke (whom they had considered not so Guilty) they thought fit to set upon him the Fine of 1000 l. and that he find Sureties for his good Behaviour during his Life, and be committed till he perform it.— After which they were carried away to the King's-Bench. The Trial of Sir Samuel Bernardiston Bar. before the Lord Chief Justice Jefferies, at Guild-Hall, London, on Thursday, Feb. 14. 1683. THen and there the Defendant appeared for his Trial, upon an Information preferred against him in Hillary Term last, for a High Misdemeanour, in Scandalising and Vilifying the Evidence in the late Plot, in several Letters, etc. To which he had pleaded Not Guilty. And the Jury now sworn were, Thomas Vernon. Percival Gilburn. Edward Bovery. William Withers. James Wood Robert Masters. Samuel Newton. George Torriano. Kenelm Smith. Thomas Goddard. Thomas Amy. Richard Blackburn. To whom the Information being read, Mr. Poultney, Mr. Recorder, and Mr. Herbert (being of Counsel for the King in this Cause) opened the same. And then to prove him the Author, Mr. Blathwayt was sworn, who deposed, That Sir Samuel Bernardiston upon Decemb. 10. last did, before the King and Council, own three of the Letters there in Court to be of his own hand-writing; Nor did he deny but that he had published and sent them. Mr. Atterbury deposed, That he also heard him then own three of the Letters to be written by him; and that they were superscribed by one of his Servants, and so ordered to be sent to the Posthouse. And that while he was in his house, he heard him say, he wondered how they were taken, since they were sent to Sir Philip Skippon. Then Nehemiah Osland deposed, that he superscibed two of them Letters by Sir Samuel's Order as his Servant; and that he wrote one of the four, out of a Copy given him by his Master, and writ by him to go into the Country; and then (as was usual) left them in a Window to be carried to the Posthouse. Then the four Letters were read: the first was that transcribed by Osland, directed to Sir Philip Skippon Kt. at Ipswich, and dated Novemb. the 29, 1683. Sir, The Return of the D. of Monmouth to Whitehall, and his being received into extraordinary favour of his Majesty, hath made a strange Alteration of Affairs at Court: For those that before spoke of him very indecently, now court, cringe and creep to him. His Grace complained to the King of the scandalous Misrepresentation that was made of him in the Monday's Gazet, upon which the Gazetteer was called to account for it, who alleged for himself, that a Person of great Quality sent him in Writing the Words therein recited, commanding him to put them in the Gazet. Yesterday, being the last day of the Term, all the Prisoners that were in the Tower, upon the late Sham-Protestant-Plot, were discharged upon Bail. Mr. Braddon (who prosecuted the Murder of the E. of Essex, the Information put in against him in the Kings-Bench By Mr. Attorney, for a pretended Subornation, etc.) was not prosecuted, and his Bail was discharged. And the passing Sentence upon the Author of Julian the Apostate, and the Printer of the late Ld. Russel's Speech, was passed over with Silence. Great Applications are made to his Majesty for the pardoning Mr. Sidney in the Tower, which is believed will be attained, and that he will be banished. The Ld. Howard appears despicable in the Eyes of all Men; he is under a Guard at , and believed he will be sent to the Tower, for that the D. of M. will accuse him concerning the Testimony he thath given, etc. The Papists and high Tories are quite down in the Mouth, their Pride is abated, themselves and their Plot confounded, but their Malice is not assuaged. 'Tis generally said the E. of Essex was murdered; the brave Ld. Russel is afresh lamented. The Plot is lost here, except you in the Country can find it out amongst the Addressors and Abhorrers. This sudden turn is an Amazement to all Men, and must produce some strange Events, which a little time will show. The second Letter was then read, directed as the other, and dated Decemb. the 1st, 1683. Dear Sir, I am to answer yours of the 27th and 29th passed, and truly I cannot but with great-Sorrow lament the loss of our good Friend honest Mr. John Wright; but with Patience we must submit to the Almighty, who can as well raise up Instruments to do his Work, as change Hearts, of which we have so great an Instance in the business of the D. of Monmouth, that no Age or History can parallel. I am now throughly satisfied, that what was printed in the Mondays Gazet, is utterly false, and you will see it publicly so declared shortly. The King is never pleased but when he is with him, hath commanded all the Privy Council to wait upon him, and happy is he that hath most of his Favour. His Pardon was sealed and delivered to him last Wednesday! 'Tis said he will be restored to be Master of the Horse, and be called into the Council Table, and to all his other places. And 'tis reported he will be made Captain General of all the Forces, and Ld. High Admiral, etc. He treats all his old Friends that daily visit him, with great Civilities; they are all satisfied with his Integrity, and if God spares his Life, doubt not but he will be an Instrument of much good to the King and Kingdom. He said publicly that he knew my Ld. Russel was as Loyal a Subjects as any in England, and that his Majesty believed the same now. I intent shortly to wait on him myself. It would make you laugh to see how strangely our high Tories and Clergy are mortified, their Countenance speak it. Were my Shesorary to be moved for, now it would be readily granted. Sir George is grown very humble. 'Tis said Mr. Sidney is reprieved for 40 days, which bodes well.— Mr. Kedder sat with me sometime this Evening.— There being no more in the Record. The third Letter was then read, which was directed for Mr. Edward Gael, Linen-draper at Ipswich; and dated Decemb. the 1st, 1683. Mr. Gael, This Evening Mr. Kedder came and sat with me, when I acquainted him what you and others writ me in reference to himself, as also of the Death of Mr. Wright, which he was sorry for. He protested, if he could persuade his Wife, he would accept of Ipswich choice, notwithstanding all the Discouragement he had met with. One more he acquainted me with, that had seen a Letter from Mr. Cutliffe to Dr. Clegat, extremely discouraging him from coming to Ipswich, where if he did come, said, would find himself mistaken, for that would never enjoy Quietness or Peace, notwithstanding his Balsamic Temper, etc. as he called it. These things frights Mr. Kedder, who I am now persuading, so soon as he is up again, to go down for a Month or two, and then if he doth not like the Place and People, he may return hither again. This I resolve to press hard on Monday, when have promised to dine with me, as also Mr. Hodges. Be confident, I shall think nothing too much to effect this Business, though one or other still pulls down as fast as I build up. Here is now a door of Encouragement opened for sober Men to come into public Employment. You will undo the Town of Ipswich if you bring not sober Men into play: For God's sake consider of it. Persuade Mr. Snelling, or some sober Men, to come in their two Ports-mens' places void; for other matters I refer you to Sir P. The late change here in public Affairs is so great and strange, that we are like Men in a Dream, can hardly believe what we see, and fear we are not fit for so great a Mercy as the present Juncture seems to promise. The E. of Macclesfield is bringing Actions of Scandalum Magnatum against all the Grand Jurymen that indicted him at last Assizes: And the several Gentlemen that were indicted in Cheshire and Northamptonshire, will bring their several Actions at Law against them. Acquaint Mr. Snelling we received the two Barrels of Oysters, and two couple of Ducks, and desire him to take Money of Buckle for them. I rest Yours, etc. The 4th Letter was directed to Mr. William cavel, at Brightwell near Ipswich in Suffolk, and dated London, Decemb. the 4th, 1683. Only that part of it was read which was in the Record, and that was this: Contrary to most men's Expectations a Warrant is signed at last for beheading Col. Sidney at Tower-hill next Friday. Great Endeavours have been used to obtain his Pardon, but the contrary party have carried it, which munch dasheth our hopes, but God still governs. Acquaint Buckle here is no News of Crafton Hoy, notwithstanding the Wind is fair, 'tis his Practice always to loiter by the wap. I rest, Your Loving Friend, etc. To this Mr. Williams (of Counsel for the Defendant) pleaded, that the Letters had no name to them; nor was there any Proof of their being published; no more than that Sir Samuel did not deny the publishing of them, and owned they were sent to the Posthouse; winch being directed to a private Friend, he left to the Judgement of the Court, whether that was publishing a Libel. That there was no malice proved, to which the Ld. Ch. Justice replied, that the thing was Evidence itself, etc. Then Mr. Williams observed that Records had been mentioned in the Information, but not proved; [which not being in Court; they were sent for, and the Jury were set by; the Court going o● in some other Causes, and about an hour 〈◊〉 half after, the Records were brought, and t●● 'Cause was resumed] and Mr. Tindal being sworn, put in the Records of the Attainder of the Ld. Russel, and Col. Sidney; part whereof was read; and the Counsel for the Defendant having no more to say, the Ld. Ch. Justice summed up the Evidence, with great Bitterness; declaring the Letters were factious, seditious, and malicious, and as base as the worst of Mankind (though he had all the Provocation that ever could be given a Man to libel another) could ever have invented.— And that they tread very near upon the Borders of High-Treason itself.— Calling it Cousin-german to High-Treason, etc.— After which the Jury laid their Heads together in the place where, they stood, and being presently after agreed upon their Verdict, The Foreman gave it in, That the Defendant was guilty of the Misdemeanour charged on him by the Information. The Sentence of Court was, That he should pay to the king a Fine of 10000 l. and find Sureties for his good Behaviour during Life, and to be committed till the same be performed. Proceed in the Court of King's-Bench, against Mr. James Hollaway, April. 21. 1684. JAmes Holloway of ' Bristol, being fled out of England, was Indicted for High-Treason, for Conspiring the Death of the King, and subversion of the Government, etc. And not appearing to Answer the Indictment, was thereupon outlawed, and being discovered by his Factor at Nevis, to whom he had written about his Effects there, was taken at St. Estatia, one of the Caribbe Islands, by the Deputy-Governour of St. Christopher's, and sent into England, and there Committed to Newgate; and upon Monday, the 21st of April 1684. was brought from thence, by Habeas-Corpus to the Bar at the King's-Bench at Westminster; where being Arraigned, he was told of his being Indicted and Outlawed, and thereby Attainted for High-Treason, and asked what he had to say, why Execution should not be awarded against him upon that Attainder? To which be replied, that since he had made an Ingenuous Confession to his Majesty of all that he knew of any manner of Conspiracy against him, he hoped That would render him Capable of Mercy and Pardon. Upon which the Attorney-general offered him a Trial, that if he had any thing to say, he Defend himself from the Indictment; but he Confessing himself Guilty of many things therein, declined it, and threw himself wholly upon the King's Mercy. But the Court telling him, that the King was the Dispenser of his own Mercy, and that they were only to Execute his Justice, gave a Rule for his Execution upon Wednesday Seven-night after, there being no other Judgement to be pronounced in such Cases, as the Court told the Attorney-general when he moved for it, the Outlawry itself being the Judgement. Which accordingly was Executed upon him, on Wednesday the 30th of April, 1684. at Tyburn. Proceed in the Court of King's-Bench, against Sir Thomas Armstrong, June 14. 1684. Sir George Jefferies being Lord Chief Justice. SIR Thomas Armstrong Kt. was upon the 14th of June, 1684. brought by a Writ of Habeas-Corpus from Newgate, to the Bar of the Court of King's-Bench at Westminster, and there Arraigned upon an Outlawry of High-Treason, for conspiring the Death of the King, etc. And being asked what he had to say for himself, why Sentence should not be awarded against him upon that Attainder? pleaded his being beyond-Sea at the time of the Outlawry, and desired to be tried upon the Indictment: Which the Court refusing to grant him, he pleaded the Statute of the 6th of Edw. the 6th, which gives the Person Outlawed a Year's time to reverse the Outlawry, and desired it might be read; which accordingly was done: But it appearing by the Statute, That the Person Outlawed aught to render himself to the Chief Justice of England within a Year's time; Sir Thomas was told this did not concern him, for he had not rendered himself, but was taken and brought thither against his Will: To which he answered, That the Year was not then expired, fie was there, and did now render himself, and prayed Counsel might be assigned him to argue it in Point of Law: but the Court overruled him in it, telling him, There was no such Doubt or Difficulty in the Matter as to need any such thing. Upon which, insisting much upon his Innocency, and offering to make proof of it, if he might be admitted to a Trial; he produced Holloway's Case as a Precedent for it, who had but a little before been offered it at the same Place: but the Court told him, that what had been done therein, was merely from the King's Grace and Mercy, and that the King might extend the same Mercy to him also if he so pleased; but since he had not done so, and it not being their Business, they must proceed to award Execution upon the Outlawry. Upon which Mrs. Matthews, Daughter to the Prisoner, called out to the Court, not to Murder her Father. For which the Chief Justice caused her to be committed to the Marshal, and accordingly she (wishing that God Almighty's Judgements might light upon them) was carried away, the Chief Justice saying, That he thanked God he was Clamour-proof. After which the Attorn. Gen. offered to show the Reasons why the King extended that Grace to Holloway, but ought not to extend it to Sir T.A. as not at all deserving any sort of Indulgence or Mercy; but that having relation to the Evidence, and not to the Outlawry, the Court refused to hear any thing of it, and so proceeded to give a Rule for his Execution the Friday following; telling him, upon his earnest pressing to have the Benefit of the Statute he had cited, the he should have the Full Benefit of the Law: And accordingly on Friday the 20th of June, he was Executed at Tyburn; Mrs. Matthews, upon a Petition, being before released out of Custody without Fees. The Trial between Sir William Pritchard Kt. and Alderman of the City of London, Plaintiff, and Thomas Papillon Esq Defendant; in an Action upon the Case, at the Sessions of Nisi Prius, holden for the Court of Kings-Bench at the Guild-hall in the City of London, on Thursday the 6th of November, in Michaelmas Term, in the 36th Year of the Reign of King Charles the Second, 1684. Before Sir George Jefferies Kt. and Baronet, than Lord Chief Justice of the said Court of Kings-Bench. SIR William Pritchard, late Lord Mayor of the City of London, having in Easter Term last, brought an Action upon the Case, for falsely, maliciously, and without probable cause procured him to be arrested and imprisoned in his Mayoralty, against Thomas Papillon Esq The Defendant pleaded Not Guilty, and thereupon issue being joined, it came this day to be tried before the Lord Chief Justice Jefferys; and the Jury sworn to try this Cause were these: Bartholomew Ferryman, Thomas Blackmore, Thomas Symonds, William Whatton, John Green, Thomas Amy, Joseph Baggs, Daniel Chandler, John Reynalds, John Allen, Joseph Cain, William Withers, jun. Then Mr. Monday (being of Counsel for the Plaintiff) opened the Case, to which Mr. Attorney General added something. And then Mr. Solicitor General called Mr. Keeling; who being sworn, deposed, That on April the 24th, he being sent for by a Letter from Mr. Goodenough, came to Mr. Russel's, a Cooks-shop in Iron-monger-lane, to meet him, where were 30 or 40 Persons together. By whom, while he was gone for a little while, his Name was put into a Warrant, to be a special Bailiff to arrest the Lord Mayor; which he seeming unwilling to do, was urged thereto, for fear of displeasing the Discontented Party; (which he said were such as he and the Goodenoughs were of, even such as would have killed the King and the Duke) that being prevailed upon, he went along with the Coroner, Mr. Burton, and Mr. Francis Goodenough, to Grocers-hall, where Sir William Pritchard kept his Mayoralty, to whom the Coroner came up and said he had a Warrant against him, and therefore prayed him to give an Appearance at the Suit of Mr. Thomas Papillon, and another at the Suit of Mr. John Dubois, whereupon some Words passed between them and the Lord Mayor, refusing to give any Appearance, the Coroner bid us execute our Warrants, upon which he came up to the Lord Mayor, and touched him upon the Shoulder, telling him, that he did arrest him at the Suit of Thomas Papillon,, Esq and one Ferdinando Burley arrested him then again at the Suit of Mr. John Dubois; and then the Coroner dismissing them, and taking the Lord Mayor into his own Custody, he went thence to Sir Henry Tulse's and arrested him also. Then Sir Henry Tulse being called and sworn, deposed, that about four a Clock in the Asternoon, Mr. Keeling came with two more to his house, and arrested him at the Suit of Mr Papillon, and another of them did the same at the Suit of Mr. Dubois, telling him, if he would not give Appearance, he must go to the Lord Mayor, who was at Skinners-hall, but that they would take his word till the Morrow Morning. However he immediately went to the Lord Mayor's-house, and not finding him at home, he went to Skinners-hall, where he found him all alone, and no Alderman, only the Officers with him, where he had been but a little while, but was detained, and he with him, till about eleven a Clock; abundance of People being gathered together about the Door, but a Company of the trained Band-Souldiers coming, keptall quiet. Then Mr. Wells, the common Crier, was called and sworn, who deposed, That he being in the next room to the Hall, wherein the Lord Mayor was arrested, was presently sent for to my Lord, who bid him send out the Officers to summon a Lieutenancy, which he did; and the Swordbearer being not just then at hand, the Lord-Mayor bid him take the Sword, and go along with him; and so they were carried by the Coroner to his own house, and the Lord-Mayor put up into a little Room by himself; and he commanded by him to go and see for Sir James Edward's, and Sir Henry Tulse, and the Ld. Mayor that now is, whom he found to be all arrested before he came. Then Sir John Peake was sworn, who deposed, that upon the News of the Lord Mayor's being arrested, he had order from the Lieutenancy to raise his Regiment, which he did in a very little time, and came with his Soldier to Skinners-Hall, where he heard the Lord Mayor was, and prevented any stir, as it was feared there would have been. Here the King's Counsel rested their Evidence, till they had heard what the other said to it. Whereupon Sergeant Maynard (being of Counsel for the Defendant, Mr. Papillon) told the Jury, in a very learned and excellent Speech, that the Lord Mayor was as much subject to the Process of Law and Actions, as any private Person in the City, if he did injury, or that which was not right in his Office: That the Defendant did then suppose himself to have wrong done him, and had therefore probable cause to bring his Action, which he had done in a legal Manner against the Lord Mayor. Then Mr. William's insisted upon the probability of the cause of Action; it being a controverted Question, Whether Mr. Papillon and Mr. Dubois, or Sir Dudley North, and Mr. Box, were chosen Sheriffs of London. And some were so much dissatisfied with swearing Sir Dudley North, and Mr. Rich Sheriffs, as thinking them not duly Elected, that they would have the Court of Kings-Bench moved, for the Writ of Mandamus to swear Mr. Papillon and Mr. Dubois; which Mandamus was granted, to which the Mayor and Aldermen, to whom it was directed, made a Return that they were not Elected Sheriffs of London, which Return was apprehended to be false; and really to try the truth of this Return, was the Action brought against the Plaintiff; which was the only way they had to right themselves; and therefore they proceeded regularly, and orderly, in a decent Manner, applying themselves to get an Appearance to their Action; For that first they took out a Latitat against my Lord Mayor, and by the Attorney gave him notice of it, and desired an Appearance, so that the Question in dispute might come to some determination: But he was not pleased to give an Appearance to that Writ; so they took out a Capias, gave him notice of it, and desired an Appearance, but could have none: whereupon they took out an alias Capias, and the Coroner then told, that he should be called upon to make some Return to the Writ; which he acquainted the Lord Mayor with, and desired again an Appearance; which he refusing, the Officer was constrained to arrest him, and an Appearance at last was given: Upon which they declared in the beginning of Hilary or Easter-Term (83.) But it falling out that in Easter-Term (83,) that that there was an Information for a Riot upon Midsummer-day before, about this contested Election; which being tried May the 10th, was found to be so, and the Sheriffs sworn to be duly elected; thereupon being satisfied that they were mistaken, they immediately discontinued their Action. Then Mr. Ward (of Counsel also for the Defendant) spoke; vindicating the Defendant from some unjust Reflections, which the King's Counsel had made, as if he had caused the Lord Mayor to be Arrested for the furtherance of some designed Insurrection against the King and Government; and showing the probability of the Cause then, at that time, though it be quite otherwise since the Question, of the Right and Election being determined on the other side, in the Trial about the Riot at the Election.— But the Ld. Ch. Justice. here interrupting him, would by no means allow that to be the Question then determined; which raised some Words between them, whereat there was a little Hiss begun, which made the Ld. Ch. Justice, in a great Fury, ask who that Fellow was that durst hum or hiss while he sat there; threatening to lay him by the heels, and make an Example of him, saying, That indeed he knew the time when Causes were to be carried according as the Mobile hissed or hummed, and that he did not question but they had as good a will to it now.— Then he suffered the Defendants Counsel to call their Witnesses; And therefore, Mr Brome being called and swore, deposed, That aster he had the Writs he waited upon my Ld. Mayor, praying his Appearance, and gave him 9 or 10 days to consider; and that the Defendants Attorney Mr. Goodenough did threaten to complain of him to the Court if he did not make a Return of the Writ. And that when, at last, he could get no Appearance, the Officers named in the Warrant, by his Command, did arrest him, and carry him to Skinners-Hall, and that soon aster he himself was taken into Custody, and committed to the Compter. Then after the Ld. Ch. Justice had crossed Questions with him, to have forced him a fall; Mr. Cornish was swore, who deposed, That Mr. Papillon and Mr. Dubois being at his house, in came Mr. Goodenough the Attorney, to receive their Orders what he should do; telling them the time was almost spent, and he had addressed himself from time to time to the Lord Mayor, and some of the Aldermen to get them to appear, but they would not. They told him they had already given him Orders, and desired that the matter might be brought to some Trial or issue; and that he should desire an Appearance to the Action, and if he would give it, take it, and remember my Lord Mayor is the Chief Magistrate of the City, and prayed him to carry it with all respect and regard imaginable to him.— The Ld. Ch. Justice then fell violently upon Mr. Cornish, questioning him about his our and Mr. Bethel's Elections; charging the Reason of his being Elected the second time, to be because he had not taken the Sacrament and Corporation-Oath, exposing him, as an intruder into that Office to disturb the Government, and as if that was it that was designed now again by this Election of the Defendant. But (said he) do you think the Government will ever suffer itself to be sniveled at, and overthrown by a Company of such whining Fellows?— And do you think to shame People into Offices?— No, I tell you, Villainy was the Foundation of it, and Knavery the Superstructure; and it is high time it should be told out, since I hear some People begin to doubt of it as a Question.— Then calling Bethel and Cornish Rascals; he said, they qualified themselves for an Office, only to put the Kingdom into a Flame; and that the City was in great happiness and quiet ever since the late times of Rebellion and Confusion, till such time as a couple of busy Fellows came to get into the public Offices. And let the whole Party (said he) go away with that in their Teeth, and chew upon it if they will. Then Mr. Serjeant being sworn, deposed, That he being present at Mr. Cornish's house when Mr. Papillon and Mr. Dubois were there, he heard them give Mr. Goodenough the fame Orders about treating my Lord Mayor decently, as Mr. Cornish had before deposed. Then, to show the fair proceed of the Defendant in the Action; Mr. Baker was called, and deposed, That Mr. Aston telling him he appeared for Sir William Pritchard, and had a Declaration from Mr. Papillon's Attorney, he entered up a Discontinuance, and paid the Costs, and had Mr. Aston's receipt for them. Then Mr. Ward offered, that apprehending themselves really chosen Sheriffs, they did in a due course of Law, sue forth their Mandamus, directed to the Plaintiff and the Aldermen; and to which there was a Return made; both which were then read in the Court; and then Mr. Williams offered to show the Reasons why they thought this Return false, and thereupon brought their Action. And therefore Mr. Gilbert Nelson, Mr. William Wightman, and Mr. Leonard Robinson were all called and sworn. Mr. Nelson deposed, that he was at the Common-Hall on Midsummer-day, 1682, where there was in Nomination for Sheriffs, he that is now Sir Dudley North, Mr. Box, Mr. Papillon, and Mr. Dubois; that he did see the Poll-Books after they were cast up, and the greatest number was for Mr. Papillon. And that upon holding up the Hands, most in his Judgement were for Mr. Papillon, and the Sheriffs gave it for Papillon and Dubois. Mr. Wightman deposed, That he than did take the Pole in one of the Books, and that there were 2400 and odd for Papillon and Dubois. Mr. Robinson deposed, that he was then also at the Common-Hall, and that by the Hands he judged the Majority was much more for Papillon and Dubois than for the other two; That a Poll was demanded and granted, and in the Evening, after the Poll was closed, the Books were numbered up, and the Sheriffs came down upon the Hustings, and declared above 2000 for Papillon and Dubois, and some hundreds under for the other two. Then here, the Counsel for the Defendant, declared they would leave it, unless further occasion should be given them. Then Mr. Attorney-General, for the Plaintiff, pleaded that the Defendant had not at all proved any probable Cause for his Action; for that this matter contended for, (which was the Shrevalty, an Office of Burden, Hazard and Charge) could never be a good ground to bring an Action for; and that he could have no Title to that Office, his Election which was by the Poll, being illegally managed by an usurped Authority; and the Instruments made use of to bring about this Action (such as Goodenough, and the Cabal at Russel's of 30 or 40 Rioters, most of them in the Proclamation, proscribed as Traitors, and run away from Justice upon the Discovery of the Plot) speaking the worst of malice. To which Mr. Sollicitor-General added, that that Poll, by which he supposed his right to the Office, was illegal, and therefore could afford him no probable Cause for an Action. And to prove it so, Mr. Town-Clerk was sworn, who deposed that he never knew a Poll for Sheriffs till about 5 or 6 Years ago, and it was between Mr. Jenks and Sir Simon Lewis, and that it was by the direction of the Lord Mayor; and the Sheriffs are but Officers, and not the Judges and Managers of the Poll, without the Lord Mayor's direction. Then Sergeant Maynard did plead for the Defendant, that however, the listing up of 2000 hands might well make him apprehend himself as chosen, and that there lay the cause of his Action; and his suing for so troublesome an Office might be objected to the prudence of Mr. Papillon, but could prove nothing of Malice in him. And though the Attorney he made use of was a bad Man, yet that did not make all his Clients bad. And therefore he lest it to the Jury the Probability or Malice of the Action, with the Damages the Plaintiff could possibly have sustained thereby. Then Mr. Williams pleaded the doubtfulness of the Question, notwithstanding what the Town-Clerk had deposed concerning the right of managing Polls; and that therefore they might easily be mistaken; and that they brought their Action to try the Right; but afterwards conceiving they were out, and had no Right, they discontinued and desisted; and that thus they would leave it with the Jury. Then Mr. Ward, remembering that Mr. Attorney General did challenge the Defendant, to show that his Action was brought by Advice of Counsel, Mr. Baker was called again, who deposed that it was by the Advice of Mr. Thompson, Mr. Pollixfen, and Mr. Wallop. Then both sides having nothing more to say, the Ld. Ch. Justice directed the Jury in a very long and virulent Speech; showing the improbability of the Cause of the Defendants Action, from the Sheriff's having no Power to manage the Poll; and the Malice of it from these Circumstances attending it. As. 1. for a Man to sue to be Sheriff looks somewhat extraordinary; as if he had a mind to do somewhat unusual in his Place, especially when a Man has fined for the Office once before, as Mr. Papillon did: And it is a thing was never known till these unhappy times. 2. That for several years last past the Government hath been beset, and the Methods of Justice corrupted, and all to serve the main Design of subverting the Government; by Fellows getting into Office that were obnoxious to the Government, and known Dissenters, who never thought of conforming but only to capacitate themselves to destroy the Government; by packing Ignoramus Juries; so that Men took Oaths only to sanctify Villainy; and Traitors at the Bar were in less danger of being convicted of their Treasons, than the Judges were of their Lives: And that these things never were till Cornish and Bethel got in to be Sheriffs. 3. Their arresting the Lord Mayor in his Mayoralty-year, and not staying till that was ended, did carry Vengeance and Malice in the very face of it; as if they had a mind to affront the Government, in arresting and imprisoning the King's Lieutenant, in one of the highest Places both of Trust and Honour. Nay, and because they would be sure their Malice and Revenge should take place, 4. They took the very Scoundrels of the Party to be employed in this work.— 5. The Consequents designed herein, which was the destruction of the Government, all the Magistrates being took up that had any care for it. And 5. The particular Persons that were to be sued, being only some of the Aldermen, and not all, though the Mandamus was directed to all, and the Return made by the whole Court; yet Cornish and his Party were not to be meddled with, which is another Circumstance of Malice. And if it had not been for some Purpose, 6. Mr. Papillon is know to be a Person that would never have been so greedy of an Office he had before declined and fined for; minding rather his Countinghouse than a Scarlet-Gown; And therefore the Design (he told them) was from the beginning to the end, nothing but to cause a Tumult and Confusion in the City, in order to put that damned hellish Conspiracy for the destruction of the King and his Brother, and every Man that was honest and loyal, in Execution. That therefore they were to find for the Plaintiff, and to give Damages according to the Malice designed; not as to Sir William Pritchard, but as Lord Mayor; For that the Government was infinitely concerned in this Case, which made it so popular a Cause. The Government of the City, the Honour of their Chief Magistrate, and indeed the Honour of the King, whose Substitute he was, and that was to put a weight upon their Inquiry into the Damages of this Case; telling them, that their severity in this Case, would deter all People from entering into Clans and Cabals to make Disturbances, and affront the Government. Then the Jury withdrew to consider of their Verdict, and after half an hours stay, returned, and found for the Plaintiff, and assessed Damages to 10000 l. and costs to 4 Marks. The Lord Chief Justice than told the Jury that they seemed to be Persons that had some sense upon them, and consideration for the Government, and had given a good Verdict, and were to be greatly commended for it. Aster which the Court broke up. The Trial of Titus Oates, at the King's-Bench Bar at Westminster, before the Lord Chief Justice Jefferies, on Friday and Saturday, the 8th and 9th days of May, 1685. THen and there the Prisoner appearing upon an Information of Perjury, showing how that he had sworn falsely to a Consult of Jesuits, at the White-Horse Tavern, April 24. 1678. at the Trial of Ireland, Pickering, and Grove. To which having pleaded Not Guilty; the Jury sworn were, Sir William Dodson. Sir Edmund Wiseman. Richard Aley. Thomas Fowlis. Thomas Blackmore. Peter Pickering. Robert Beddingfield. Thomas Rawlinson. Roger Reeves. Ambrose Isted. Henry Collier. Richard Howard. Then Dr. Oates moved that he might have three very material Witnesses, who were Prisoners in the Kings-Bench, brought into the Court; but the Ld. Ch. Justice told him, the Law would not allow it, and it would be an Escape. The Information therefore was read, and Mr. Philip's opened it, and Mr. Attorn. Gen. opened the Evidence. Then, in order to prove the Information, the Record of the Trial of Ireland was produced, and read. Then Mr. Foster was sworn, who deposed, that he was one of the Jury at Ireland's Trial, and heard Dr. Oats depose about the Consult's being April 24, 1678, and that he was at it; and carried the Resolution from Chamber to Chamber to be signed, and saw it signed, etc. Then Martin Hilsley Esq a Papist, deposed, That he came from St. Omers, April 14, Old Style where he lest Oats and saw him but the day before; and that he was not at all in his Company from thence to London, where he arrived April 21, having stayed four or five days at Bockston-street, hard by where he met Mr. Burnaly at a Relations of his. That afterwards he told Mr. Osborn, that he had lest Samson Lucy (by which Name Mr. Oates went, as also sometimes by Titus Ambrose) at St. Omers.— Then Dr. Oates would have asked this Witness, What his Employment was at St. Omers? Whether his Superiors did not set him on to do this? And what Inducements he had to give in an Evidence now, which he had given six Years ago at Langhorn's Trial, and was not believed? But these the Ld. Ch. Justice called Ensnaring Questions, and would suffer no Answer to them. Then Mr. John Dorrel, now a Papist, deposed, that about the 15th or 16th of April, he heard one Mr. Osborn telling his Mother of one Samson Lucy, alias Oats, being then a Scholar at St. Omers, as a Gentleman newly come from thence had assured him. Then Mr. Osborn, a Papist, deposed, About the 27th or 28th of April, Mr. Hilsley talking to him about Oats, telling, that he lest him in the College when he came away from St. Omers; and this he told afterwards to Madam Dorrel, and his own Mother, who was since dead. Then Mr. Bournaby, a Papist (supposed a Jesnit) who went by the Name of Blunt, deposed, That he met Mr. Hilsley, April 18, 1678, that he arrived at St. Omers, April 21, and saw Oats there the next day, and so from day to day, to June 10. but that he neither knew or heard of any Consult. Then Mr. Pool, alias Killingbeck, a Papist (of the Sodality of the Virgin Mary, as was supposed) being sworn, deposed, That he came from St. Omers, April 25, and saw Mr. Oats that very Morning, and left him there; and saw him there the 21st and 22d of the same Month: That he heard something of a Triennial Congregation, but of no Consult. Then Mr. Henry Thornton, a Papist, deposed, That he had been a Student at St. Omers seven Years, and came thence about two Years after Mr. Oates, that he knew Oats there very well, and saw him almost every day in the College, from Christmas 1677, to the 13th of June 1678; that in all that time he was never out of the College, unless a day or two at Watton in January, which is not a League out of Town. That he saw him particularly the day of Mr. Hilsley's departure, April 14, and Mr. Bournaby's coming, April 21; and again, the next day, April 22, at a Play which the Scholars acted. That he heard of a Triennial Congregation, but of no Consult. Then Mr. William Conway, a Papist, a Student of St. Omers, who went by the Name of Parry, when he was a Witness at the Trial of the five Jesuits, deposed, That he knew Mr. Oats at St. Omers; that he came in December 1677, and stirred not out of the College, except one Night in January, till he went away about the 10th of June; that he saw him particularly the day Mr. Hilsley went away, and that whereon Mr. Bournaby came; that he could not be absent, without missing, because he sat at a Table by himself. Mr. Haggerston then deposed▪ That he had the honour to be of the same Class (which was the Rhetoric Form) with the Salamanca Doctor (as he called Oats) at St. Omers; and knew him to be there all February, March, April, May, and till the latter end of June, 1678. except one Night he was at Watton; owning himself likewise a Papist, and that he remained seven Years at St. Omers; and that he was Sir Thomas Haggerston's Son, a Northumberland Man, and went by the Name of Henry Howard at St. Omers. That particularly in May, he heard Dr. Oats preach; and that in his Sermon he said, That the late King Charles TWO, halted between two Opinions, and a Stream of Popery went between his Legs. After him Mr. Robert Beeston (a St. Omers Student also) deposed, That he knew Mr. Oats to be at St. Omers the latter end of April & May; That in April Mr. Oats read in his room, only with this Condition, that if ever Oats was absent, he was to read again: But he never being called to read more, he was sure that the Prisoner could not be absent. That Apr. 21, he saw him at Ninepins, and the next day at their Action. Then Mr. Clement Smith (another Student of the same College, and of the same Class with Dr. Oates, whom the Doctor challenged for a Jesuit) swore the Prisoner's being at St. Omers, from Christmas 1677, to Midsummer 1678, New Style: And that he remembered particularly as to April and May, because the 22 saint of April he himself fell sick in the College, and went into the Infirmary till May 7. In which time the Prisoner oft visited him, and told him of Mr. Hilsley's and Mr. Pool's going away, and two or three other Particulars which happened in the College at that time. That the Prisoner also was in the Infirmary for two or three days in this time; and that he spoke this piece of false Latin to his Physician, Si placet Dominatio vestra.— That he heard of the Consult, and knew of Mr. Marsh and Mr. Williams, two Fathers, going over then to it. Then Mr. Edward Price (another of the same) swore to Oates' coming to St. Omers at Christmas, and of his going away at Midsummer; and remembers particularly his being there when the two Jesuits Marsh and William's were coming over to the Consult. And that had he been absent, he must needs have been missed, he was so noted for his Absurdities, and frequent quarrelings with the Students. Mr. James Doddington (another of the same, who went by the Name of Hollis, and was a Witness at the Trial of the five Jesuits) swore likewise to the same purpose, of Oates' being resident from Christmas to Midsummer at St. Omers, except one Night at Watton. Mr. William Gerrard (another also of the same, who went by the Name of Clovell) swore the same Story of Oates' residency at that time at St. Omers; and that he heard of the Consult, but that Oats was not capable of being at it, because none but Jesuits of 18 Years standing could be present; That on May 16, Oats and he were confirmed together. The Lord Gerrard of Bromeley (being another of the same, going by the Name of Clovell) deposed the same Evidence: remembering the Prisoner's reading in the Sodality particularly by his Tone. Mr. Samuel Morgan (now a Beneficed Minister, of the Church of England, being reconciled five Years since) deposed the same concerning Oates' coming to, and going from St. Omers, (himself being then a Student there) and that reading Ireland's Trial, the impudence of Oats was much wondered at in the College, for swearing that he was at the Consult on April 24, when all the College knew to the contrary; and himself did remember, that on that very day he was playing at Ball, and struck it over into a Court, and borrowed Mr. Oates' Key to fetch it. Then Mr. Arundel (a St. Omer's Student, who went there by the Name of Spencer) deposed to the same purpose; saying, That he saw Oats confirmed on May 16. Mr. Christopher Turbervile (another of the same, his false Name Farmer) deposed to the same purpose; and that he particularly saw the Prisoner on April 25, 26, 1678. he then removing into Mr. Pool's Chamber, and saw Oats in the Chamber, and at the Chamber-door. Mr. Anthony Turbervile (another Student, his false Name Farmer also) deposed to the time of the Prisoner's being at St. Omers from Christmas 1677, to Midsummer 1678; and that he was notorious for his Scurrility and Abusiveness; and that he and Mr. Thormon did breakfast with him that Morning he left the College. Mr. Clavering (another of them) deposed to the same purpose, giving this Instance, that the Prisoner was at St. Omers at that time the Consult was, for that he inquired of him, what it was they met for; and for that a Man came to beg Money of the Students, which himself collected for him, and Oats refused to give him any thing; And that he knew this to be at that time of the Consult, because enquiry being made how the Man came to get so little Money at Watton; it was said, it was because the Fathers were gone to the Congregation in England. Mr. John Copley (another of the same) deposed only to the general Testimony of the Prisoner's Residence at St. Omers. Mr. Cook (a Tailor belonging to the College) deposed the like; only instancing the 20th of April, that he saw him in a Procession from the Sodality to the Church, walking at the latter end among the Rhetoricians. John Wright Esq (another Student) deposed only, that Oats came to St. Omers the Winter, and went away the Summer before the Notice of the Plot was. Then Dr. Oates was permitted to make his Defence; which he did by excepting something against the Form of the Indictment; producing the Records of the Conviction of Ireland, and the 5 Jesuits, urging them as Proof of the Fact, to which he then swore; Reciting out of those Trials, the Approbations that were then given to his Testimony by the Ld. Ch. Justice Scroggs, and the present Ld. Ch. Justice, the Recorder; attested by Mr. Robert Blayney's Notes, who was also sworn. Urging also the Credit his Testimony once had with both the Houses of Parliament; and to prove it, he called several Persons of Quality, and Noblemen, but those who appeared, were Seri. Maynard, Earl of Devonshire, Earl of Clare, Mr. Williams (late Speaker of the House of Commons) Earl of Huntingdon, Ld. Ch. Baron, Ld. Bishop of London, Sir George Treby; some having forgot what had then past in the Houses, others expressing but a very indifferent Opinion they had of the Prisoner and his Evidence; which made him to say, That he found, either the distance of time had wrought upon their Memories, or the difference of the Season had changed their Opinion, so that now they disbelived that, which they believed before, and perhaps for as little Reason as they believed him at first; For he could not expect that a Man, who believes without a Principle, should not recant that Belief without a Reason.— But the Court called this a Reflection, and spared him not for it. The other part of his Defence consisted of his endeavouring to prove that he was here seen in London in April and May 1678. To this end Mrs. Cicilia Mayo, Sir. Richard Barker's Housekeeper, deposed, That she saw Dr. Oats at her Master's House in Barbacan the latter end of Apr. or beginning of May, being about a Week before Whitsuntide, in that Year the Plot broke out;— That the Coachman told her he had been there once or twice before, but this was the first time she saw him, he having on grey Clothes, a white Hat, and a short Periwig, and dined there, with her Lady's Sister, and others, Sir Richard being then sick in the Country. That he came afterwards, when she saw him in black Clothes, a longer Periwig, which was brown. That she never knew the Prisoner before then, but they told her who it was. Then John Butler (Sir Richard Barker's Coachman) deposed, That he also saw Mr. Oats at his Master's House the beginning of May, before the Plot, in a disguise, having on a grey Coat, and white Hat, and his Hair cut short, but without a Periwig, enquiring for Dr. Tongue; Mrs. Mayo then also looking upon him in the Court, through the Window. And that afterwards he came in a Cinnamon-coloured Coat, and green Ribbons, and a long black Periwig; and that he dined there several ●●mes. Then Philip Page, (Sir. Richard Barker's Man that used to make up his Physic for him) deposed, That he remembered he did see the Prisoner at his Masters, in grey Clothes, but he was not certain as to the time, only he believes it was in May. Then Mr. Walker (a Minister) deposed, he met the Prisoner in a Disguise, between St. Martin's-Lane, and Leicester-Fields, not exactly remembering the Time when; only he thought it about a Year and a quarter before he was first examined, and that the Elm-Trees were then budded forth as big as an Hazelnut. After this, reflecting on the discredit the St. Omers Witnesses had once been in, and of their not prosecuting of this Cause before this time, he concluded his Evidence. And the King's Counsel proceeded to answer his Defence; producing the Records of Sir George Wakeman, and Earl of Castlemaine's Trials to prove that his Evidence there was not believed; which were read; and Sir George Wakeman being sworn, deposed what it was the Prisoner than swore against him, and protested the falsity of it, and his own Innocency. The same also the Earl of Castlemain did in like manner. And then the Lords Journals were produced, where it was recorded that the Prisoner said, he could accuse no Body else but those that he named, and yet soon after he accused the present King, and the Queen-Dowager; but this (upon search) being not found to be a Record upon Oath, it was not thought valid Evidence. Therefore they proceeded to prove his Subornation of one Clay, which was a Witness for the Prisoner at the Trial of the five Jesuits, whom now he did not call; and of Mr. Smith, the Schoolmaster of Islington. To this end, part of Oates' Narative was read out of the Lords Journal, wherein he accused this William Smith as concerned in the Plot, as endeavouring to vilify the House of Commons, etc. And then a Certificate was read under Oates' Hand of this Smith's Honesty, not three days before the Trial of the five Jesuits; whence they would infer he had been tampering with him; the which Smith himself, being sworn, was ready to have deposed; but the Ld. Ch. Justice would not admit him to swear that he did forswear himself, because such should never have the Countenance of ever being Witnesses again. Therefore they proceeded to prove the Subornation of Clay; and to this end Laurence Davenport, in whose keeping Clay was in Prison, deposed, that Sir William Waller, and the Prisoner did hanged, for that they could prove him to be a Priest, unless he would swear for Oats, that he dined with him at Mr. howard's in May; which he consented to, so he might have his Money restored that was taken from him; saying, he had been a Rogue before, and did not know what he might be. And this another Witness produced, swore that Davenport told to him the next day in Prison. Then Mr. Howard deposed, That Clay was mistaken in his Testimony given at the Trials of the five Jesuits, in being July and not May 1678, that he and Oates were at his House; about which time there was no question of his being in England. Then they read out of Oates' Narrative again; wherein he had said how he returned three or four days after the Consult of April 24 was over; observing hence how his own Witnesses contradicted him, who had deposed that they saw him here in London the latter end of May. And here the Counsel for the King concluding their Evidence, Dr. Oates proceeded with his Defence; only showing out of the Lords Journal a Copy of their Resolve, That there was a Plot; and of their summoning up before them Thomas Bickley of Chichester, for vilifying Dr. Oats, and thereupon turning him but out of Commission; objecting five things against their Evidence. (1.) Their Religion; A Papist not being a good Witness in a Cause of Religion, appealing to the Heavens.— Which the Ld. Ch. Justice called a Commonwealth appeal; and bid him to be took away, falling very foul upon the poor Doctor.— But stood in't that 'twas Law, and the Lord Cooke's practice, quoting Bulstrode's Reports, 2d. Part, 155. He Objected, (2.) Their Education, confessing themselves to be bred up in a Seminary, which is against Law, quoting 27ᵒ. Eliz. cap. 2. and 3. Car. 1. Cap. 2. Which also was overruled. (3.) Their Judgements in Cases of Conscience, whereby they own they have Dispensations to swear Lies for the promotion of the Cause. (4.) It was refused at the Lord Shaftsbury's Trial, to suffer the King's Evidence there to be Indicted of Perjury.— But all this, the Ld. Ch. Justice told him was idle, and nothing to the Purpose; And therefore he went on to sum up his Evidence, protesting the Truth of his Evidence, and that he was resolved to stand by, and seal it with his Blood; which the Ld. Ch. Justice told him it was pity but he should. Then Mr. Sol. Gen. summed up the Evidence (which while he was a doing Dr. Oats begged leave to withdraw, being weak and ill with the Stone and Gout, and having lain in Irons 21 weeks); After him the Ld. Ch. Justice summed up the Evidence, with all the Virulency and Gall his Wit or Malice could assist him. And then the Jury withdrawing for about a quarter of an hour, delivered in their Verdict, That the Defendant was Guilty of the Perjury whereof he was Indicted; which being Recorded, The Ld. Ch. Justice gave it his Approbation, ●o which the rest of the Judges assented, and then the Court arose. THE next day, being Saturday, May 9, 1685, the Prisoner was again set to the Bar, having also been arraigned upon another Information of Perjury; which did set forth, that he being a Witness for the King, at the Trials of Ireland and the five Jesuits, did therein swear, that Ireland was in Town the 1st and 2d of September, and between the 8th and 12th of Aug. 1678. and that he had forsworn himself in both Instances; to which he had pleaded Not Guilty. The Jury therefore sworn, were, Sir Thomas Vernon Kt. Nicholas Charlton Es; q Thomas Langham Es; q Thomas Hartop. Francis Griffith. John Kent. George Toriano. Henry Loads. John Midgley. John Pelling. Thomas Short. George Perk. To whom the Information being read, Mr. Phipps opened the same, and Mr. Attorn Genopened the Evidence. And then the Records of the two Trials were produced, and admitted. And then, Mr. Thomas Harriot (who was Foreman of the Jury at the Trial of the five Jesuits) deposed, That Dr. Oates was a Witness thereat, and swore that Ireland took his leave of him and others, at the said Ireland's Chamber, between the 8th and 12th of August, 1678. And Mr. Rainsford Waterhouse, being another of the Jury at the same time, deposed the very same. Then Mr. Foster (a Juryman at Ireland's Trial) deposed, That the Prisoner also was a Witness then, and (swore, that the said Ireland was in Town the 1st or 2d of September 1678, for he had then 20 s. of him. And Mr. John Byfield, another of the same Jury, deposed the same.— To prove it false then, Mrs. Ann Ireland deposed, That on Wednesday, July 31. (being St. Ignotius' day) her Mother, and She, and Brother, were invited to Mr. Gifford's at Hammer smith; that She and her Mother stayed all Night, but her Brother refused; that on Saturday following, August 3. 1678. she took leave of him, he going then out of Town to the Lord Aston's House in Hartfordshire, in order to go thence into Staffordshire; that in his absence, once one Mrs. Eagleston lodged in his Room, her Maid falling sick; and that he returned not till just a fortnight before Michaelmass. Mrs. Eleanor Ireland deposed the very same, saying, he returned Septemb. 14 before his Trial, whereat she was a Witness, but not suffered to speak what she knew. Then Mrs. Doodle deposed also the same Evidence about his being out of Town. And the like did. Mrs. Ouino, his tailor's Wife, who brought him home some Clothes that had been mended; but Saturday Morning he went, and she saw him in his Boots, and he took Horse (as his Servant had testified) at the Bull-Inn in Drury-lane. Then the Ld. Aston deposed, That Mr. Ireland came to his House at Staenden in Hartfordshire, on Saturday Night, August 3. 1678. and went with him on Monday to St. Alban, where they met with his Brother and Sister Southcoat, and thence traveled to Tixhall, where they arrived on Thursday following, Ireland (as he believes) being all this time in his Company. Then Sir Edward Southcoat deposed, That he came to the Lord Aston's, Aug. 4. 1678. that the day following Mr. Ireland travelled with them to St. Alban, where they met with his Father and Mother, and lay all Night at the Bull Inn; that the next Night they lay at the George in Northampton, and on Wednesday Night at the Bull in Coventry; and the next came to Tixhall, Mr. Ireland being with them all the Journey, and stayed with them there till the Tuesday following, Aug. 13. And then they went to Nantwich, and lay at the Holy-Lamb, and the next day came to Holy-Well and lay at the Star; and the next day came to Chester, and returned the next day after to Tixhall again, being Friday, August 16. Mr. Ireland still travelling with them. That afterwards he cannot positively say how long Ireland was at Tixhall, only that he remembered him there the day of Mr. Chetwin's Race with Sir Henry Gough, and on a Thursday upon the Bowling-Green at Tixhall. But he came back with them from Tixhall the 9th or 10th of September, the first Night to the Bull in Coventry, the next to the Altarstone at Banbury, the next to Agmondishman, and the next to his Father's House in Kingston, where his Brother bought Mr. Ireland's Horse of him, being Thursday; and the Saturday following Ireland went to London, Septemb. 14. Then Mr. John Southcoat (Sir Edward's Brother, who bought Ireland's Horse) deposed the same things, being with them all these Journeys. After him one Harrison, Sir John Southcoat's Man, who likewise travelled with them; and was the Man that went with Ireland to London, and brought back his Horse, deposed the very same. George Hobson (a Servant of the Lord Aston's) deposed, That he also was these Journeys, and saw Ireland every day: that after they returned from Holy-Well to tixal, he saw him again on August 26. and on the day he returned thence for London, which was Septemb. 9 1678. George North, another of my Lord's Servants, deposed, That he travelled at the same time, in Mr. Ireland's Company, from Standen to Tixhall; and that he saw him again at Tixhall after his return from Holy-Well, and particularly on Septemb. 9 he then going back for London. Richard Ingletrap (the Hackney Coachman) a Protestant, deposed, that he travelled also from Standen to Tixhall with Mr. Ireland; and saw him August 13. when he set out for Holy-Well. Andrew Wetton, another Protestant, deposed, that he traveled from Tixhall to Holy-Well, and so back again to Tixhall, in Mr. Ireland's Company, looking after his Horse; and saw him that day he set out for London. Thomas Sawyer deposed, that Ireland was at Tixhall from Aug. 8. to Aug. 13. and came again Aug. 16. and went for London Semptemb. 9 following. Frances Allen (one of the Lord Aston's Maids, who washed Ireland's Linen, and looked to his Chamber while he was at Tixhall) deposed, that he came to Tixhall, Aug. 8. 1678. and went for Holy-Well the 13th, and returned thence the 16th, and went away the next day, she delivering him the Linen he carried with him; and saw him several times afterwards at Tixhall, professing herself a Protestant also. Then Mrs. Jane Harwell deposed, that Mr. Ireland came to her House in Wolverhampton, Aug. 17. (as from Tixhall) and was every day there till the 26th, when he returned (as she supposes) to Tixhall again. He came to her again Sept. 4. following, and stayed till the 7th, when he went away for good and all. That hearing of his Trial, and what he had been accused of in December following, she sent an Express, at her own Charges to London, to a Friend, with a Petition to the King, that they might bring in Witnesses to prove this: Upon which his Execution was stayed about five Weeks, and they hoped for a second Trial, but could not obtain it. Mr. William Rushton, a Papist, deposed, that he saw Ireland in Wolverhampton, from the 18th of August to the 25th, every one of the days, except the 23d, whence he went to Litchfield. Mrs. Katherine Wingford deposed, that she also saw Ireland from August the 18th to the 25th, sometimes at Mrs. Harwells, and sometimes at her Father's House in Wolverhampton. Mr. William Stanley deposed, that he saw Ireland in Wolverhampton, on Aug. 18, 19, 20, 21, 24, and 25; and entertained him twice at his own House. Mrs. Dorothy Purcel swore, she saw him also in the same Town, on August the 18th to the 23d, but would give no Circumstance whereby she might remember so particularly those days. Then one Scot swore, that he looked to his Horse while he was in that Town, and that he stayed there about a Fortnight, but could not 〈◊〉 particular as to the time. Then Mr. John Stamford deposed, that he also saw Mr. Ireland in the same Town, from Aug. 18, to 25, having known him ever since 1675. Mrs. Katherine Fowler (Mrs. Harwell's Daughter) swore, that she saw Ireland at her Mother's House, from Aug. 17, till the 27th, 1678. seeing him every day except the 23d, when he went to Litchfield to the Fair. Mr. Gifford swore, he saw him every day there, from Aug. 17, to the 26th, 1678. Mrs. Elizabeth Gifford swore, she saw him all those days but two. Elizabeth Keeling (Mrs. Harwell's Maid) swore, she saw Ireland, Aug. 17. till he went away, except three days she was absent at her Mother's Funeral. And she saw him again at her Mistresses, from the 4th of September to the 7th, 1678. Mr. Richardson (an Apothecary in Wolverhampton, and a Protestant) deposed, that he saw a Gentleman, whom Mrs. Harwell told him was Mr. Ireland, on Aug. 19 in that Town, 1678. Mrs. Eleanor Graves, deposed much the like as to seeing Ireland at that time there; and that she moreover went with him Aug. 23d to Litchfield, and returned back with him that Night again, her Uncle Winford being with them. Then Sir Thomas Whitegrave (a Justice of Peace in Staffor●●●●re, and a Protestant) deposed, that he saw Mr. Ireland on the 29th of August. 1678. upon Tixhall. Bowling-Green. Mr. William Fowler, a Papist, deposed, that he saw Ireland at Tixhall, Aug. 10. 1678. and on the 27th at the Horse Race at Etching-Hill, and on the 29th upon Tixhall Bowling-green, where he saw Sir Thomas Whitegrave also with him. Mr. Howard swore also, that the saw Ireland at the Horse-Race, and again afterwards at Bellamore, where he dined that time. Then Mr. Drayton, (a Servant to the Lord Gerrard's Father) deposed, that he also saw Ireland at the Race, and at Tixhall, Aug. 29. when he went home with Mr. Heveningham to Aston, where he saw him the next day; and on the 31st a Hunting with his Master; and Sept. 1. at Mr. Gerrard's of Hildersham. Sir James Simmons deposed, that he saw Ireland at the Horse-Race also, and on Tixhall Bowling-Green, Aug. 29. and that he came to Aston that Night, with his Father Heveningham; but he going the next day to Pancrass Fair, left him. Mr. Green (who belonged to Sir James simmond's) deposed, he saw Ireland at the Horse-Race, Aug. 27. 1678. and the next day on Tixhall Bowling-Green; which Night he came to Aston, and saw him a Setting there the next day, and the next day a Hunting. Then one Fallas, (a Servant of Mr. Heveingham's, and a Protestant) deposed, that Ireland came to his Master's on Aug. 29. and the next day Fished and Set, and the next day Hunted, and then went away, he looking to his Horse while there. Then John Proctor (a Servant to Mr. Lowes, and a Protestant) deposed, that he saw Ireland at his Master's at Fulford, on Aug. 31. 1678. and the next day at Esq Gerrard's at Hildersham. Then Mr. John King deposed, that he saw Ireland at Hildersham, Sept. 1. 1678. where he was all Night; and the next day at Millage, where he dined, designing for Boscobel that Night. Then Francis Lee (a Servant to Mr. Gerrard) deposed, that he saw Ireland at his Masters, Aug. 31. where he stayed two Nights, and went with him thence to Millage, where they dined, and then went to Pancrass with him for two hours, and then Ireland went to Boscobel. Then Mr. Biddolph swore, that he dined with Ireland at his Aunt Crompton's at Millage, Sept. 2. 1678. Mrs. Crompton herself deposed, that Mr. Ireland dined at her House that day her Nephew Biddolph did; but could not remember any otherwise the time. Mrs. Palmer swore, she also dinned with Ireland at Millage, but could neither tell when, nor who were there. Mrs. Holmes swore, she saw Ireland at Millage the beginning of Septemb. 1678. on a Monday. Mrs. Gifford swore, she saw Ireland at Pancrass, Sept. 2. 1678. about four or five in the Afternoon. Then Mr. Pendrel deposed, that Ireland lodged at his House at Boscobel on Sept. 2. 1678. and went the next day but one to Black-Ladies, to Mr. John Giffords'. Mrs. Pendrel swore the very same. Mr. Charles Gifford swore Ireland at his Father's House at Black-Ladies, on Sept. 4. 1678. coming to see one Madam Wells there, where he stayed an hour and half, and so went for Wolverhampton. And thus was proved where Ireland was, from Aug. 3. to Sept. 14. After which Dr. Oates began his Defence, urging the, great Hardship he lay under, after six Years time, to be put to disprove what was now offered against him; many of his Witnesses being since dead, and gone beyond-Sea, and many Passages forgot by him; besides, that the Dispute was only about a bare Circumstance of Time, when-as the Substance of his Evidence about the Plot, was not assigned as any Perjury at all; and that this very Testimony was looked upon as a Trick only to catch the Evidence, and was judged invalid at the Trials of Ireland and the five Jesuits. Urging also the Testimony of Bedloe at Ireland's Trial, which amounted to the same as his, (Mr. Blaney testifying it upon Oath); as also Mr. Jennison's about Ireland's being in Town in August; saying, what Charges he had been at to find out Mr. Jennison and Sarah Pain (who gave the same Evidence) but could not; calling for many Witnesses whom he had Subpaened, but not one appeared: Complaining therefore of his hard Usage. He proceeded to sum up what more he had to say, protesting the Truth of what he had deposed; the little belief this Testimony formerly had, and the Interest of Papists concerned now to bring it thus against him, saying, That he was confident, had he been a Witness in any other Cause, he might have had fairer Quarter. And did verily believe, that at this rate, it was more safe for Papists to be Traitors, than for any Protestant to discover a Popish Plot.— Begging that Counsel might be assigned him to argue the Errors in Yesterday Indictment, and a Weeks time to prepare, and to withdraw because of his present Illness; all which were granted him. And then Sol. General summed up the Evidence; giving this Reason why this Testimony was produced no sooner, viz. Because time was, when the City of London was a Refuge for High-Treason, and no Justice to be had for the King there; it being hardly safe for the Judges to sit on the Bench, by reason of the Rabble. The Ld. Ch. Justice directed likewise the Jury, with some Virulency against Oates' Confidence; bewailing the Death of so many Innocent Men upon his Evidence; reflecting on the Insolency (as he called it) of those Times; crying out, Good God of Heaven! What an Age have we lived in, to see Innocence suffer Punishment, and impudent Falsity Reign so long! etc. The Jury withdrawing for half an hour, brought in their Verdict, That the Defendant was Guilty of the Perjury whereof he stood Indicted. To which the Judges gave their Approbation; and the Ld. Ch. Justice told the Jury, that by it they had Contributed, as much as in them lay, to Vindicate the Nation from the Infamy it had so long lain under. The Court then arose. On Monday, May 11. 1685. Mr. Wallop procured the same leave as Oats done before, for the Defendant to move in Arrest of Judgement, upon the Conviction on Saturday also, which was Granted. And on Saturday, May 26. 1685. The Prisoner was set to the Bar; but his Counsel said they had nothing to say. Then four Exceptions which the Prisoner had given in, were read, and overruled. And the Ld. Ch. Justice aggravated his Crime in a Virulent Speech; and Mr. Justice Withyns pronounced the Judgement of the Court upon him, which was this. 1. That he should pay for a Fine, 1000 Marks upon each Indictment. 2. That he should be stripped of all his Canonical Habits. 3. That he should stand in the Pillory before Westminster-Hall Gate upon Monday next, for an hour's time, between 10 and 12 a Clock, with a Paper over his Head (which he must first walk with round about to all the Courts in Westminster-Hall) declaring his Crime, and that was upon the first Indictment. 4. That, for the 2d Indictment, he should, upon Teusday, stand in the Pillory at the Royal-Exchange in London, for an hour, between 12 and 2 with the same Inscription. 5. On Wednesday, that he should be Whipped from Aldgate to Newgate. 6. On Friday, That he should be Whipped from Newgate to Tyburn by the Hands of the Common Hangman. 7. And for Annual Commemorations; That upon every 24th of April, as long as he should live, he was to stand in the Pillory at Tyburn, just opposite to the Gallows, for an hour, between 10 and 12. 8. That upon every 9th of August, he was to stand in the Pillory at Westminster-Hall Gate; because he had sworn that Mr. Ireland was in Town between the 8th and 12th of August. 9 That on every 10th of August, he was to stand in the Pillory at Charing-Cross, for an hour, between 10 and 12. 10. The Like over against the Temple-Gate, every 11th of August. 11. And that upon every 2d. of September (another Notorious Day) he was to do the like at the Royal-Exchange, for an hour, between 12 and 2. That all this he was to do every year during his Life: And be Committed a Close Prisoner as long as he lived. And this, he told him, he pronounced to be the Judgement of the Court; and that if it had been in his Power to have carried it further, he should not have been unwilling to have given Judgement of Death upon him, for he was sure he deserved it. The Trial of William Ring, Tailor, before the Lord Chief Justice Jones, at the Old-Baily, on Monday October the 19th, 1685. THE Prisoner then and there appearing (together with John Fernby, and Mr. Cornish) was arraigned upon an Indictment of High-Treason, for harbouring, concealing and relieving one Joseph Kelloway and Henry Laurence, whom he knew to have traitorously levied War against the King, etc. to which baying pleaded Not Guilty; the Jury sworn for Middlesex were, Nehemiah Arnold, Francis Stevens, Richard Fisher, John Owlet, John Vigures, Samuel Birch, William Thompson, William Read, Samuel Peacock, Richard Fitz-Gerrard, Richard Bromfield, John Haynes. To whom the Indictment was read, and briefly opened by Mr. Phipps, and Attorney General; and then a Copy of the Record of the Conviction of Kelloway and Laurence was produced, to show them Traitors: and to prove the Prisoner harboured and concealed them between their Treason and Conviction. First Mr. Barrington deposed, That on July the 11th last, Mr. Ring came to him from Mr. Laurence to come and speak with him, whom he found with one Kelloway at Mr. Ring's house, who said they were just come out of the West-Country. That on Wednesday following, being July the 15th, he called and Mr. Laurence again at Ring's house, who told him he was going from thence to the Pewter-Platter in St. Jones': Where after he had been examined before Mr. Common-sergeant they searched for them, but they were gone, only they confessed such Men lodged there on Tuesday and Wednesday Night, but not the Thursday Night; so they enquired for them at Mr. Ring's House, the Bible in Wich-street without Temple-Bar; and there Mr. Ring's Wife told them, they lay there the Thursday Night, but could not tell where they were at present. Whereupon they went to the Castle-Tavern, and Mr. Common Sergeant sent for Ring, and examined him; who denied all, till he had sent and searched his house, and brought a Paper. Then Mr. Barrow deposed, That in July last he heard Mr. Ring confess before the Lord Mayor that he had lodged Laurence and Kelloway two or three Nights, who told him they had been in the late Western Rebellion in Monmouth's Army. Mr. Crip swore, that he searching Mr. Ring's house, found in the Window a Letter under Lawrence's own hand to Newberry about a horse he had left there, which he stole from his Master; which Letter he brought to the Castle-Tavern; and the Ring who before had denied every thing, owned upon the sight of that Paper, that Kelloway was his Cousin, but denied that he lodged him then: But afterwards at the Sessions-house, when Kelloway and Laurence were produced before him, he owned that he had lodged them two or three Nights, though they said four Nights, and that they told him whence they came. Then Mr. Hardisti swore to the Examination of Mr. Ring, before Sir James Smith, Lord Mayor of London, on July the 18th last; which was that he did lodge Kelloway and Mr. Laurence three Nights, and they dined twice with him: that they told him they were in Monmouth's Army, who was routed, and had left their Horses at Newbury; and that he went to one that was Journeyman to a Glover in St. Bartholomew's Close to come speak with Laurence; something also he confessed about one Hooper, as being concerned in the Rebellion. The Mr. Richardson swore that this Kelloway and Laurence where the Men, he carried down into the West, where they were both convicted, and one executed, the other having a Reprieve. The Prisoner then denied what he had confessed in his Examination, saying it was false; and that he did not know whence Kelloway and Laurence came, nor did they tell him; he confessed he lodged them, but that what he had done was ignorantly; and that when his Examination was taken, he was in a Maze, and he did not know what was put down. After this the Ld. Ch. Justice briefly summed up the Evidence, and the Jury brought him in Guilty. The Trial of John Fernley, Barber, at the Old-Baily, on Monday October the 19th, 1685. THE Prisoner then and there appearing was arraigned upon an Indictment of High-Treason, for harbouring, concealing and relieving one James Burton, whom he knew to be a Traitor, etc. to which he pleaded Not Guilty; and the same Jury, that was for Ring continued. To whom the Indictment being read, it was opened by Mr. Phips, and Mr. Solicitor General, and then the Record of the Outlawry of James Burton was produced; and the said James Burton being sworn, deposed, That he came to London, out of Monmouth's Army in the West, on Wednesday about three Weeks after the Rout; that he lodged two Nights with his Wife; and then she being acquainted, procured him a Lodging at Fernley's, where he lodged two Nights more, and was took there on Sunday Night. That he had been gone two Years before, being in the Proclamation for being with Rumbold at the Mitre-Tavern within Aldgate. That he saw not Fernley till Sunday at dinner, and then they discoursed of the Rout of Monmouth's Army. Mrs. Marry Burton than swore, how she being acquainted with Mrs. Fernley procured a Lodging for her Husband there, not thinking him safe at home. Then Mr. Reynolds deposed, that he took Burton the beginning of August last, at Mr. Fernley's House, on a Sunday about eight a Clock at Night, up one pair of Stairs, who was got into the Chimney, and tumbled down, while he was there with the Soot about him; and one pair of Stairs higher, he took Fernley for harbouring him, who then said he knew not who Burton was. After this Burton's Pardon was produced and read, whereby he was rendered a Legal Witness. Then the Prisoner said, he knew nothing of Burton till Sunday at dinner, and then he discoursed him about his Escape in the West; and that after dinner one Mr. Gaunt came to him, and told Burton he should get him a Passage in a day or two's time, and that he should take no care for Clothes or Money. That he designed to have acquainted a Magistrate with his being at his House the next morning, and because Gaunt said he would come again, he delayed (though he himself was a Constable) with a design to apprehend them both.— And to testify his Conversation, he called one Mr. William Rush a Distiller, who appearing; an Officer presently informed the Court he was a great Whig; Nay, (said Mr. Justice Withers) if he be a Whig, he cannot be a little one. Mr. Rush said, Mr. Fernley always demeaned himself well among his Neighbours, and was a good sober Man. Mr. Justice Withins again replied in Scorn, A Wapping Man, A sober Wapping Man. Then Captain Haddock, and Mr. Dove were called, but refused to come in. But Mr. Whittal came in, a Plumber, who being asked if he went to Church, answered he did constantly: Yes (said Mr. Justice Withins) there were a parcel of them that went constantly to Church Trimingly. Mr. Whittal testified to Mr. Fernley's sober Conversation, and that he went always to Church, and he never heard him speak against the Government.— The Prisoner then added that he was a poor Man, and owed Money, and he knew there was 100 l. for securing Burton, and there was no Gain by concealing him; which showed he had no design. After the Lord Chief Justice than had summed up the Evidence, the Jury withdrawing, brought the Prisoner in Guilty. The Trial of Elizabeth Gaunt, the Wife of William Gaunt of St. Marry White-Chappel, Yeoman, at the Old-Baily, on Monday October the 19th, 1685. THE Prisoner then and there appearing, was arraigned upon an Indictment of High-Treason, for harbouring James Burton, and giving him five Pounds, whom she knew to be a Traitor, etc. To which she pleaded Not Guilty. And the Jury then sworn to try her, and Mr. Cornish, were these, after Mr. Cornish had challenged thirty five. Thomas Rawlinson, Thomas Langham, Ambrose Istead, Thomas Pendleton, John Grice, Thomas Oneby, William Clowdsley, Richard Holford, William Longboat, Steven Coleman, Robert Clavel, William Long. To whom the Indictment was read, and opened by Mr. Phips and Mr. Attorney General. And Mr. James Burton being sworn, declared how through Keeling he was with Rumbold at the Mitre-Tavern within Aldgate, where the kill of the King was discoursed of, which he refused to meddle in; and never therefore met but that one time; but after Keeling had discovered, finding himself in the Proclamation, he absconded for two Months, and then Mrs. Gaunt procured him a Passage with Rumbold; but the Vessel being leaky he durst not venture; and so lay hid at his Daughter's several Months after; and then Mrs. Gaunt got him a Passage again, and so he got to Amsterdam; and she gave him about 5 l. and two Persons more went with him, whom she helped away. And this he supposes, she did for him, because her Husband had been with Capt. Walcot and him, about seizing of the Tower. Then Mary Gilbert (Burton's Daughter) deposed that Mrs. Gaunt fetched her Father away, in order to send him beyond Sea. Then Mr. Burton deposed, that Mrs. Gaunt came and proffered to convey her Husband away, etc.— And then Burton's Pardon was again produced. To all which the Prisoner said very little; only that she did not know that her Husband was concerned in the Plot; nor would she give any reason why she took so much care to send Burton away, but left it to the Jury; who after the Lord Chief Justice had summed up the Evidence, brought her in Guilty. The Trial of Henry Cornish Esq before the Lord Chief Justice Jones, at the Session's House in the Old-Baily, on Monday October the 19th, 1685. THE Prisoner then and there appearing, was arraigned upon an Indictment of High-Treason, for conspiring the Death of the late King, and Subversion of the Government, etc. To which (after some Complaints) he pleaded Not Guilty: desiring his Trial might be deferred, he having had no notice till last Saturday at twelve a Clock, and he could get no Friend to him till eight at Night, and then he was permitted to speak with no body, but in the presence of the Gaoler; and had been allowed no Pen, Ink, or Paper. The Court here told him he ought to have none without leave given on a Petition preferred by him. He said his Children had petitioned the King the Night before to put off his Trial, and it was referred to the Judges; and that he did not know whether he was committed for High-Treason against the present or the former King; and that he had a material Witness in Lancashire, 140 Miles off. The Court told him they had ho power to put off his Trial, and the King had left him to the course of the Law. He complained he had no Copy of the Panel; but was answered, it was not his right to have it; and the Attorney General told him he had not deserved so well of the Government, as to have his Trial delayed. He desired then Pen and Ink, and having challenged thirty five, the Jury were sworn, which had passed upon Mrs. Gaunt. To whom the Indictment was read and opened by Mr. Phips and Mr. Attorney General, and then Colonel Rumsey deposed that about the latter end of October, or beginning of November, the Earl of Shaftsbury desired him to go to Mr. Shepherd's House, where was a meeting of the D. of Monmouth, Ld. Russel, Ld. Grey, Sir Thomas Armstrong, Mr. Ferguson, and Mr. Shepherd. He came late, and they were just upon going away. He delivered his Message, and they told him that Mr. Trenchard had disappointed them. He had not been there above a quarter of an Hour, but Mr. Shepherd was called down, and brought up Mr. Cornish, who excused his not coming sooner; and said that he could not stay, for he was to meet about the Charter. Whereupon Mr. Ferguson opened his Bosom, from under his Stomacher pulled out a Paper. They told Mr. Cornish they had had it read, and desired to read it to him. Mr. Ferguson read it, while Mr. Shepherd held the Candle; and afterwards ask Mr. Cornish how he liked it, he said he liked it very well. The Paper was a Declaration to have been dispersed when the Rising was, which was intended about that time; and 2 Points he observed and very, well remembered, the one was for Liberty of Conscience, the other for Restoration of Church or King's Lands, to them that would assist. Mr. Cornish said he liked the Declaration, and what poor Interest he had he would join with it. That he had been acquainted with Mr. Cornish about 14. Years, and had had great concerns together; he having returned 3 or 400000 l. for him, in 6 years' Time, while he was Collector of the King's Customs at Bristol; that Mr. Cornish was a very honest Man; and it was out of Compassion he had not accused him before. Then Goodenough was sworn, and his Pardon read, who deposed, That there was a Design to rise in London, and the City was divided into 20 parts, and designed out of each part to raise 500 Men; who were to take the Tower, and drive the Guards out of Town. Before this was agreed on, by chance he was at Mr. Cornish's House (about the business of the Riot) and discoursing alone with Mr. Cornish, he said, The Law will not defend us, some other way was to be thought on. Mr. Cornish replied, he wondered the City was so unready, and the Country so ready; that he replied, there was something thought to be done here, but that in the first place, the Tower ought to be seized, where the Magazine is; Mr. Cornish paused a little, and said, I will do what good I can, or what I can, or to that purpose. He afterwards met Mr. Cornish on the Exchange, who asked him how affairs went? to which he gave a general Answer, that not being a Place to talk in, of such Discourse. To this the Prisoner said, It was strange that Col. Rumsey seeing him at Shepherd's about such a thing, should never mention it to him afterwards, so often as he saw him. Protesting his ignorance, and appealing to God; urging the Improbability; and adding that Rumsey, at the Lord Russel's Trial, swore, that he had nothing else to swear against any Man. And against Goodenough he urged the ill Opinion he had of him, and that he never was with him but about the Business of the Riot, which he managed as their Attorney. And I tell you, said Mr. Justice Withens then, that was a Branch of the Plot; take that from me. Then Mr. Gosfright testified, that Mr. Cornish opposed Mr. Goodenough's being Under-Sheriff, and said he would not trust an hair of his Head with him; he was so ill a Man, obnoxious to the Government, and had done ill things; and he believed Mr. Cornish and Mr. Goodenough were never reconciled upon it. Alderman Love, and Mr. Jekyl testified to the same purpose; which the Ld. Ch. Just. had scarce Patience to hear, saying, it was all impertinent, and Mr. Just. Withens said of Mr. Jekyl, This Gentleman was in a limb of the Plot himself, as great a Rioter, and as hot as any of them.— Sir William Turner then testified to Mr. Cornish's averseness to Goodenough's being Under-Sheriff. Mr. Cornish then called Dr. Tillotson and Dr. Sharp to testify as to his Conversation, but neither appeared. Mr. Lane then testified that in the Printed Trial of the Lord Russel, Rumsey, swore he did not hear the Declaration read; but he not hearing it himself, that was no Evidence. Then Dr. Calamy, the Minister of his Parish, testified that he did come often to Church and receive the Sacrament. Then also Mr. Reeve, Mr. John Cook, Mr. John Knap, Mr. Carlton, Mr. Joseph Smart, and Mr. William Crouch, all testified, as to his Conversation, and Loyalty; whence he argued the Improbability that he should be so concerned. After which the Ld. Chief Justice summed up the Evidence, and the Jury withdrew, and after a considerable time returned. And then the Prisoner begged one Word, desiring to call Mr. Shepherd, whom out of tenderness to offend, he had omitted, though he had him in his Note; which with much ado was granted him, as a great favour of the Court. And then Mr. Shepherd testified, that he was Subpoened by Mr. Cornish before by the King; and was desired by Mr. Cornish's Son to be at his Trial, and had been attending in Court from eleven to three. That Mr. Cornish, at one of those Meetings at his house came to speak a few Words with the Duke of Monmouth, or some other; he could not be positive, it being so many years ago; that he stayed not above half a quarter of an hour in the house; and that there was not one word read, nor no Paper seen while he was there; and that he never was at his house but once when the Duke of Monmouth was there; nor does he remember that Rumsey was there while he was; nor that the Declaration was read that night. He remembered a Declaration was read, which Ferguson pulled out of his Shoe, but was positive Cornish was not by, because he was not looked upon to be one of the Company. That there was now an Account depending between him and Mr. Cornish, whereon there was about one or two hundred Pounds due to Mr. Cornish. Then Mr. Sol. Gen. summed up the Evidence. And the Jury withdrawing for a short time, brought Mr. Cornish in Guilty, and found 140 l. for the King, in Mr. Shepherd's hands. Then Mr. Recorder sentenced the Prisoners; Mrs. Gaunt to be burnt, and the other 3 to be drawn, hanged and quartered; which was accordingly executed upon them; and Mr. Cornish was hanged, in Cheapside over against Kings-street, on Friday, October 23, 1685. and his Quarters afterwards put up in several Places, and his Head upon the Guild-Hall; where it stood till the tidings of the Dutch Invasion, summoned it, with the other Quarters, into the Grave; after they had been exposed in that infamous manner the space of 3 Years. The Trial of Henry Baron Delamere, in Westminster-Hall, before George Lord Jefferies, constituted Lord High-Steward on this Occasion, on Thursday Jan. 14, 1685. THen and there the Court being met; the Lord High-Steward's Commission was first read, and the Staff being carried between Garter King at Arms, and the Gent. Usher of the Black Rod, was with 3 Reverences delivered upon the knee to his Grace, and by him redelivered to the Gent. Usher of the Black Rod, to hold during the Service. Then Proclamation was made by a Sergeant at Arms, for all Persons present, except Peers, Privy Councillors, and the reverend Judges now assistant, to be uncovered; and for all to whom any Writ had been directed for the certifying of any Indictment before his Grace, to bring in the same forthwith. After which Sir Edward Lutwich delivered in his Writ and Return, which were read. And then the Lieutenant of the Tower was called to bring his Prisoner to the Bar; which having done, Sir Roger Harsnet, Serj. at Arms, was called to return the Names of the Peers which he had summoned; who were then called over by the Clerk of the Crown, and those that appeared were these following, who standing up uncovered, answered to their Names, each making a Reverence to the Lord High Steward. Lawrence Earl of Rochester, Lord High-Treasurer of England. Robert E. of Sunderland, Lord Precedent of His Majesty's Privy-Council. Henry Duke of Norfolk, Earl-Marshal of England. Charles D. of Somerset. Henry D. of Grafton. Henry D. of Beaufort, Lord Precedent of Wales. John Earl of Mulgrave, Lord Chamberlain of His Majesty's Household. Aubrey E. of Oxford. Charles E. of Shrewsbury. Theophilus E. of Huntingdon. Thomas E. of Pembroke. John E. of Bridgwater. Henry E. of Peterborow. Robert E. of Scarsdale. William E. of Craven. Lovis E. of Feversham. George E. of Berkley. Daniel E. of Nottingham. Thomas E. of Plymouth. Thomas Viscount Falconberg. Francis Viscount Newport, Treasurer of His Majesty's Household. Robert Lord Ferrer. Vere Essex Lord Cromwell. William Lord Maynard, comptroller of His Majesty's Household. George Lord Dartmouth, Master-General of His Majesty's Ordinance. Sidney Lord Godolphin. John Lord Churchill. The Lord High Steward then having acquainted the Prisoner with the occasion of this meeting, ordered the Bill of Indictment to be read; which was done twice, at the Prisoner's desire. And then the Prisoner delivered in his Plea to the Jurisdiction of this Court, that he ought to be tried by the whole Body of the House of Peers in Parliament, the Parliament still continuing, being under a Prorogation and not dissolved, and because there was some agitation of the matter concerning this Prosecution, upon his Petition in the House of Lords, etc. To which the Attorney General answered, that the Plea was not good, there never having been so much as any Indictment returned there, nor found during the Session of Parliament; besides, that the Plea was in Paper and English.— The Prisoner than desired Counsel, to put it into Form. But it being a Plea against the Jurisdiction, no time could be allowed; and the Prisoner having no Counsel ready to plead, his plea was overruled; and he pleaded Not Guilty. After which the Lord High Steward gave the Charge to the Peers, and Sir Thomas Jenner, Recorder of London, opened the Indictment, and Mr. Attorney General the Evidence. And then the Lord Howard was first sworn, Who gave the same account about the Earl of Shaftsbury's designed Insurrection, as before he had done at the other Trials, where he was a Witness (to which therefore the Reader is referred) The Lord Grey, deposed that Cheshire was one of the Places pitched upon for the Rising, and for that end the Duke of Monmouth went his Progress into those Parts to make his Interest there, and that the Prisoner was one he was directed to advise with.— That after the late King's Death the Duke of Monmouth was at Amsterdam with the Lord Argyle, where there was an Account given of the Design that was in Hand, of an Insurrection in Scotland; and at that time came over to Holland Mr. Crag from Major Wildman, to promote and recommend a Reconciliation between the Duke of Monmouth and the Lord Argyle, who till that time had acted in separate interests; giving some account that Means and Money were prepared. This encouraged the Duke of Monmouth to send Capt. Matthews into England, to Major Wildman, to desire him to acquaint several Persons, among whom the Prisoner was one, that he was designed to join the Lord Argyle. When Crag returned to the Duke, he gave an account that Major Wildman had conversed with these Persons, and that their Opinion was, that the Duke should go for Scotland; whereby they might know the strength of the Enemy here, by their sending to suppress the Rebellion there; and also that Major Wildman desired the Duke to bring over with him a Broad Seal to seal Commissions with, and to take upon him the Title of King.— That soon after Crag's return, Jones came with a Message to the Duke from England, and was sent back shortly after by the Duke, with a Letter of Instructions. And the Duke intended first to have landed in Cheshire, he very much depending upon that County; but afterwards considering that the Persons there being of great Quality and Interest in their Country, and able to manage it without his Assistance, he chose rather to land in the West, the Friends he relied on there not being of that Quality. Mr. Nathaniel Wade deposed that at Amsterdam, soon after the Death of the late King, the Duke of Monmouth, and the Lord Argyle had a Consultation together, and agreed, that at the same time the Lord Argyle made an Insurrection in Scotland, the Duke should invade England. For which end the Duke sent Capt. Matthews into England to acquaint his Friends, (among whom he heard the Lord Delamere named) to be ready for his Assistance. Crag was sent over for Money, but could get none, and therefore the Duke sent him over again to pawn his Jewels, and get what Money he could, wherewith he fitted out 3 Ships, laden with Ammunition; and having before ordered his Friends to repair to their own Countries to be ready, he set Sail, and landed at Lyme, and ordered his March so, as that he might most conveniently meet with his Cheshire Friends. In pursuance whereof they came to Keinsham Bridge, where a Party of the King's Horse set upon them, of whom they took some Prisoners, and thereupon thought it advisable not to let the King's Army join together, but to go back and engage those that were already come together, which was the reason they did not go over the Bridge. Mr. Richard Goodenough deposed, that he was beyond Sea with the Duke of Monmouth, and that Jones was sent (among other Persons) to the Lord Delamere, to give him notice to be ready, and take care he was not seized in Town; and that he heard the Duke say that he hoped my Lord Delamere would not break his Promise with him. Jones deposed, that he went into Holland the latter end of April last, and by him Mr. Disney sent a Message to the Duke of Monmouth, to desire him to keep to the last Conclusion which he would find in a Letter sent to him by the Crop-haired Merchant: which Message was, that his Friends in England would not by any means have him come for England, but that he should continue where he was, or if he thought good to go for Scotland, they approved of it. This Message he delivered to the Duke at Amsterdam, which put him into a great Passion, saying, this was Wildman's work, who was a Villain; and that it was too late to send a Message now, for he was resolved for England, and Wildman should hang with him, or fight for it with him; and that he should not think to tie up his Hands, by tying up his own Purse. Sending another Message by him, when he returned for England, which was May 22d. to Capt. Matthews or major Wildman, to desire them to acquaint the Earl of Macclesfield, the Lord Brandon, and Lord Delamere with his Design of coming for England, and that they should repair to their Posts to be ready for him; delivering to him a Writing sealed up, which he was not to open till he came to Sea; which when he opened, he found it contained a Signification of the Place wherein was to land, and where he was to rendezvous, which was Taunton, and who were the Persons that were to have notice of it, among whose Names was the Lord Delamere's. That when he came to London, which was May 27th, he could meet with neither Capt. Matthews nor Major Wildman, who were out of Town, and therefore he acquainted Mr. Disney with his errand, who promised to take care that it should be delivered. Story (who was Commissary General under the Duke of Monmouth) deposed, that on May 28th, one Brand told him, that the day before Jones was returned out of Holland, with a Message to Capt. Matthews, but he being absent Disney received it, and discoursed that Evening with the Lord Delamere, and that my Lord went out of Town that Night, with 2 Friends that conveyed him by a By-way through Enfield Chase towards Hatfield.— That this Brand was killed at Keinsham Bridg.— That at Shepton Mallot he heard the Duke of Monmouth say, that his great Dependence was upon the Lord Delamere and his Friends in Cheshire, but he feared they had failed him or betrayed him; and that he could have been otherwise supplied, but that he had a Dependence upon them. Vaux deposed. That on May 26th, the Lord Delamere sent for him to the Rummer in Queens-street, and that the next Night he rid out of Town with him about 9 or 10 a clock at Night; and got to Hoddesden about 12; and the next day he brought him to Hitchen, and so came back again. That my Lord went by the name of Brown, and said he was going to see his Son that was sick in the Country. Mr. Edlin deposed, that on May 27th, Mr. Vaux asked him if he would ride with him as far as Hitchen, which he promised to do; and they set out about 9 that Night, and went to Hoddesden, one Mr. Brown being in their Company, whom he had never seen before, but now knew to be my Lord Delamere, who told them he was going to see a Sick Child. Mr. Panceford deposed that he was at Mr. Disney's on June 14th last, where the Duke of Monmouth's Declarations were a Printing (for printing whereof Disney had been Executed) and one Joshua Lock was there waiting for some, which he said he was to send into Cheshire to one Mr. Brown; which he understood to be the Lord Delamere, having heard Mr. Disney call him by that Name, and Mr. Edlin having told him how he went by that Name when he rid with him to Hitchen. But also he had heard that Mr. Vermuyden went also by that name of Brown. Mr. Babington deposed that in their Consultations there were Discourses of my Lord Delamere under the name of Brown; and once at a Tavern, about the latter end of May last, when my Lord Delamere was named by one in the Company, he was presently catched up for it, and replied to, You mean Mr. Brown. That, being also at Disney's while the Declarations were a Printing, he heard one say a great many of them were to be sent into Cheshire to my Lord Delamere under the name of Brown. Mr. Hope (Master of the Three-Tuns in Coventry) deposed, that the Lord Delamere came Post to his House, he believed 5 times, from the Sunday Sev'night before the Coronation, to June 21, following. Then Thomas Saxon deposed, that on June the 3d or 4th he was sent for by a Man that had but one Hand, to my Lord Delamere's House (Mere) in Cheshire, where he came when it began to be dark; and was conveyed by the Man that fetched him into a lower Room, where were my Lord Delamere, Sir Robert Cotton, and Mr. Crew Offley, and they told him, that he had been recommended to them by the Lord Brandon, who had said, he was an honest useful Man, and they hoped he would prove so: For they had sent to the D. of Monmouth who was in Holland, and received an Answer by one Jones, which as soon as they had, my Lord Delamere came away Post into the Country under another Name, and by being conveyed through moorfield's came down to raise 10000 Men for the Duke in Cheshire by June 1. But now they had considered of it, and found they could not raise them till Midsummer, for that they must have time to raise 40000 l. in that Country to maintain the Men. That they asked him if he would undertake to carry a Message to the Duke? that he said he would. Whereupon the Lord Delamere gave him 11 Guinies, and 5 pound in silver for his Journey. After which he hired him an Horse, and did deliver the Message.— That he never had any Concern before with the Ld. Delamere; but that the Lord Brandon told him, that they must make use of such as he, to inform the Country of the time of Rising; his acquaintance abounding that way, being a public Tradesman in Middlewich. Here the Evidence for the King ceasing, the Prisoner was called upon to make his Defence. But it beginning to be late, the Prisoner begged the Court might be Adjourned till the morrow. But the Lord H. Steward; doubted it could not be done by Law, this not being a Trial in full Parliament, (where the Case was evident:) But this Court he took to be of the same Nature, though of a Degree higher, with the other Ordinary Courts of Judicature, where there could be no Adjournment after Evidence given; But for satisfaction the Judges were ordered to withdraw to Consult, which they did; and then the Lords Nottingham and Falconbridge moved, that the Peers ought to be the Judges hereof, because it concerned their Privilege; and so it was also permitted for them to withdraw. And after about half an hour the Judges returned, and after an Hour the Peers. And then the Ld. Ch. Justice Herbert delivered the Opinion of the Judges, that this Matter being wholly new to them, they could not determine, but only tell what the Law was in Inferior Courts in Cases of the like Nature, and the Reason of the Law in those Points, and then leave the Jurisdiction of this Court to its proper Judges. After which the Ld. H. Steward told them, he was the only Judge of that Court, and therefore he was to determine it; showing of what ill Consequence the Adjournment of the Court might prove, if it should happen to be illegal, and therefore he ordered the Prisoner to proceed. The Lord Delamere therefore did begin his Defence, in Protesting his Innocency, and Reflecting on the Loyalty of his Family; particularly his Father, who had been so signally instrumental in the Restoration of the Royal Family, that the late King caused it to be inserted in the Patent which created his Father a Peer; which Clause he read out of the Patent to the Court.— And as to the Evidence against him, he observed, that it was all but Circumstantial, and by hear-say only, except that of Saxon's; and therefore he applied himself particularly against that, and called his Witnesses. Mr. Richard Hall testified how in 1683, Saxon counterfeited a Letter, in the Name of one Richard Hildage, to him for 6 l. which he owed him; and Saxon brought the letter, and received the Money; and afterwards Hildage demanded the Money, denying that he ever writ for it. Mr. Francis Ling declared, how this Saxon received 25 s. at this same Hildage's at Newcastle, for Mrs. Wibbram, without her order, nor did she ever receive any of it. Richard Shaw declared, how he also forged a Letter in William Paugston, a Bailiffs Name, and sent it to him, because he owed him a little Mony. Peter Hough declared how Saxon cheated him, in making him of a Bond for 20 s. less than was due from Saxon to him; reading it false to him at the sealing. Edward Wilkinson declared, that Saxon hired his Horse, June 23d last, for only three days, at 12 Pence a Day, but he never came again, nor had he had any satisfaction for his Horse (it being supposed this was the Horse he rid into the Rebellion with). William Wright said, he had deal with Saxon, but never found him so good as his Word.— Then the Prisoner went off from this part of the Evidence, to prove that neither Sir Robert Cotton, nor Mr. Offley Crew, nor himself were in Cheshire, at that time Saxon had sworn he saw them at Mere together. And to this end, one Billing, Margaret Davis, Mrs. Sidney Lane, Charles Reeves, Mr. Ashburnham, Sir William Twisden, and Mr. Heveningham did all sufficiently testify that Sir Robert Cotton was in Town about that time; and some of them (being his own Servants) that he was never in Cheshire since April 6th last, nor never out of London till after June. As to Mr. Offley Crew, Sir Willoughby Aston declared every day particularly where he was, from May 26. to June the 4th, on which day he went from Sir Willoughby's House homeward. Mr. Gregory, and Thomas Kid (his Servants) testified, that he went directly Home to Crew-Hall in Cheshire that Night, and was not at Mere, it not being in his way at all. As to the Prisoner himself, Mr. Booth (one of his Brother's) declared that he saw his Brother in Town, June 3, 4, 5, 6, and so on to June 10. till he went out of Town himself. And another of his Brothers (Mr. George Booth) said, he saw him in Town the 4th. And the Lord Lovelace testified that he saw him the 5th of June in the House of Lords at the Lord Macclesfield's Trial against Mr. Fitton. After it was thus cleared, that none of them 3 were where Saxon had sworn they were at that time; the Prisoner showed the incredibility of his Evidence, and proceeded to give an account of his going down so often, and so speedily. That the first time he went, (which was betwixt the Coronation and the fitting of the Parliament) was to take Possession of a Lease, worth 6 or 7000 l. renewed to him by the Bishop of Chester, of whose illness he had notice; and this he proved by Mr. John edmond's who said he was a Witness of his taking possession, May 5th and by Mr. Henry, who was Attorney, and delivered him Possession at the same time.— And for his going out of Town May 27th the occasion of it was, to see a sick Child of his; and he went so suddenly and privately, because he heard there was a Warrant out to apprehend him. But while he was at Mere, his Wife sent him an Express, that as to the Warrant she hoped it was a Mistake, but that his eldest Son was very ill, and if he intended to see him alive, he must make hast up. He came but to his House in Cheshire on Sunday May 31. Whence he came on Tuesday morning June 2d, and on Wednesday the 3d, he was in Town. To prove all this Mrs. Kelsey (who was his Servant) said, my Lord told her there was a Warrant out for him, which occasioned his coming, and moreover his Child's illness. The Lady Delamere (his Mother) testified the illness of his Child in the Country. Mr. Kelsey testified his coming to Mere on Sunday Night, and going thence on Tuesday Morning, and that he had Letters dated June 4. which gave an account my Lord got to London the Night before. And Sir Thomas Millington testified the illness of his Son in Town; on May 28. he being sent for to him, and remembering the time, by the date of his Bills. After this the Prisoner summed up his Evidence, and concluded very handsomely and judiciously his Excellent Defence. Then Mr. Sol. Gen. having summed up the Evidence, and the Lord High Steward speaking a few words to this Point of Law which the Prisoner, in his Defence, seemed to urge, That there is a necessity of two Positive Witnesses to convict a Man of Treason, and showing his Mistake about it: The Peers withdrew for about half an hour (the Prisoner being taken into a little Room appointed for him at the entrance into the Court) and then being returned, their appearance was took by a Sergeant at Arms, and their Verdict took by the Lord H. Steward, Seriatim, beginning with the Puisne Peer, who all declared the Prisoner Not Guilty upon their Honour's. Which the Lord H. Steward acquainted him with, being then called for to the Bar; and discharged. Upon which my Lord Delamere replied, That he should pray to Almighty God, to be thankful to him for his Mercy, and to my Lords for their Justice; and prayed God to deliver their Lordsships', and all honest Men, from Wicked and Malicious, Lying and False Testimony; and prayed God to bless his Majesty, and that long he might Reign. And I pray God (added the Lord H. Steward) to continue to him his Loyal Peers, and all other his Loyal Subjects. Then a Sergeant at Arms having made Proclamation to Dissolve the Court, the Lord High Steward took the White Staff from the Usher of the Black Rod, and holding it over his Head, broke it in two. A Narrative of all the Proceed against Henry Lord Bishop of London, in the Council-Chamber at White-Hall, by the Lords Commissioners appointed by his Majesty, to inspect Ecclesiastical Affairs. On Wednesday, Aug. 4. 1686. Present in Council, Lord Chancellor. Lord Bishop of Durham. Lord Treasurer. Lord Bishop of Rochester. Lord Precedent. Lord Chief Justice Herbert. UPon my Lord Bishop's then and there appearing before them, according to a Summons sent unto him, the Lord Chancellor Jefferies asked him, Why he did not suspend Dr. Sharp when the King commanded, and sent him express Order so to do, and told him what it was for, viz. for preaching Seditiously, and against the Government? The Bishop answered, That if he had done amiss, it was not a wilful Fault, and that he had took the best Advice he could get, and was informed he could not do it legally, but by way of Express and hearing him. That he was not provided with such a Defence as he might have been, not knowing what would be laid to his Charge; and therefore desired some time, and a Copy of their Lordship's Commission, and of his Charge. But his having a Copy of their Commission denied him, (it being already publicly abroad) he desired either to read, or hear it read. Hereupon the Bishop, and all the Company, were desired to withdraw; and returning within about a quarter of an hour, the Chancellor told him, All the Commissioners were of Opinion, that his Request was not to be granted, it being unreasonable: But they were willing to allow him more time; the Bishop therefore prayed that he might have till the beginning of the next Term; but a Week was thought enough, and so they adjourned only until Monday next, Aug. 9 1686. Then and there the Bishop came, attended with his Nephew the Earl of Northampton, his Brother-in-Law Sir John Nicholas, and his Brother Sir Francis Compton, etc. There being present in Council the same as before. The Chancellor told him, they were now ready to hear his Reasons. But the Bishop replied, He was not so ready as he might have been, because he could not light of the Commission to see it until last Night, though he employed all his time to search for it; and he had not had time since to take Advice what to answer; and that his Counsel was out of Town in whom he thought to confide. Then withdrawing for a quarter of an hour, the Chancellor told him, They would not admit of any quarrelling with their Commission, for that they were well assured of the Legality of it: But ask him what Time he desired, at his request they granted him a Fortnight, and adjourned. It was observed, that when the Bishop spoke concerning the Commission, Sir Thomas Clarges spoke aloud, saying, Well put, well put; my Lord speaks nothing but Truth. There was also another Gentleman, Sir John Lowther of Lincolnshire, who as he was coming away in the Crowd, said, There are some who have represented me as a Papist, but the contrary shall appear; I will not be afraid nor ashamed to vindicate my Lord Bishop of London 's Cause, before the Commissioners themselves. Tuesday, Aug. 24. 1686. There being present in Council the same as at first, the Lord Bishop attending, and being asked, what he had to say? after some Apology for what he was about to say, he said, His Counsel tells him, that their Proceed in this Court, are directly contrary to the Statute-Law, and were there ready to plead it if their Lordships would admit them. But the Chancellor told him, they would neither hear him nor his Counsel in the Matter, they being satisfied of the Legality of their Commission. Then the Bishop urged, that their Commission, he conceived, did not extend to the Crimes laid to his Charge; for they were to censure Faults which are committed: But this that he was accused of, was before the Date of their Commission. The Chancellor confessed there was such a Clause, but that those were general Clauses that take in things past as well as future. Then the Bishop protesting in his own Right, to the Laws of the Realm, as a Subject; and the Rights and Privileges of lie Church, as a Bishop; he would, with their leave, give them his Answer. Which was accepted; and the Bishop withdrew, and left Dr. Sharp's Petition, which Dr. Sharp carried on Sunday, June 20. 1686. to Windsor, and was not admitted to be read. Which is as follows. To the King's most Excellent Majesty, the humble Petition of John Sharp, Clerk, sheweth, THat nothing is so afflictive to your Petitioner, as his unhappiness to have incurred your Majesty's Displeasure; which he is so sensible of, that ever since your Majesty was pleased to give notice of it, he hath forborn all public Exercise of his Function, and still continues so to do. Your Petitioner can with great sincerity affirm, That ever since he hath been a Preacher, he hath faithfully endeavoured to do the best Service he could in his Place and Station, as well to the late King, your Royal Brother, as to your Majesty, both by preaching and otherwise. And so far he hath always been, from venting any thing in the Pulpit tending to Schism or Faction, or any way to the disturbance of your Majesty's Government, that he hath upon all Occasions in his Sermons, to the utmost of his Power, set himself against all sorts of Doctrines and Principles that look that way: And this he is so well assured of, that he cannot but apprehend that his Sermons have been very much misrepresented to your Majesty. But if in any Sermon of his, any Words or Expressions have unwarily slipped from him, that have been capable of such constructions, as to give your Majesty cause of Offence; as he solemnly professes he had no ill Intention in those Words or Expressions, so he is very sorry for them, and resolves for the future to be so careful in the discharge of his Duty, that your Majesty shall have reason to believe him to be your most faithful Subject. And therefore he earnestly prayeth, that your Majesty, out of your Royal Grace and Clemency, would be pleased to lay aside the Displeasure you have conceived against your humble Petitioner, and restore him to that Favour which the rest of the Clergy enjoy under your Majesty's gracious Government. So shall your Petitioner ever pray, etc. This being read, the Bishop returned, and the Chancellor told him, they were not concerned in it; and asked him, If he desired his Answer should be read? The Bishop said, Yes; saying, that what he did therein, was by Advice of Counsel, and therefore hoped would not be interpreted to be done maliciously or obstinately: And that in effect he did what the King commanded to be done, having advised Doctor Sharp to forbear Preaching, till his Majesty had received Satisfaction concerning him; and accordingly that he had forborn in his Diocese. Then the Bishop's Paper was read, which contained the King's Letter, and Bishop's Answer thereto. The King's Letter, Dated Monday July 14. 1686. Delivered at Fulham on Thursday, June 17. in the Afternoon, by Mr. Atterbury the Messenger. JAMES R. RIght Reverend Father in God, We greet you well. Whereas We have been informed, and are fully satisfied, that Dr. John Sharp, Rector of the Parish Church of St. Giles in the Fields, in the County of Middlesex, and in your Diocese, notwithstanding Our late Letter to the most Reverend Fathers in God, the Arch-Bishops of Canterbury, and York, and Our Directions concerning Preachers, given at Our Court at Whitehall, March 15. 1685. in the Second Year of Our Reign; yet he, the said Dr. John Sharp, in contempt of the said Orders, hath, in some of the Sermons he hath since preached, presumed to make unbecoming Reflections, and to utter such Expressions as were not fit or proper for him; endeavouring thereby to beget k the Minds of his Hearers, an evil Opinion of Us and Our Government, by insinuating Fears and Jealousies, to dispose them to Discontent, and to lead them into Disobedience and Rebellion. These are therefore to require and command you, immediately upon receipt hereof, forthwith to suspend him from further Preaching, in any Parish Church or Chapel in your Diocese, until he has given Us Satisfaction, and Our further Pleasure be known herein. And for so doing this shall be your Warrant: And so We bid you hearty farewel. Given at our Court at Windsor, June 14. 1686. in the Second Year of Our Reign. By His Majesty's Command. SUNDERLAND. The Bishop of London's Answer, sent by Dr. Sharp to the Earl of Sunderland, then at Hampton-Court, on Friday, June 18. Who could have no Answer. To the Right Honour able the Earl of Sunderland, Lord Precedent, etc. My Lord; I Always have, and shall count it my Duty, to obey the King in Commands he lays upon me, that I can perform with a safe Conscience: But in this, I humbly conceive I am obliged to proceed according to Law; and therefore it is impossible for me to comply, because though his Majesty commands me only to execute his Pleasure; yet in the Capacity I am to do it, I must act as a Judge; and your Lordship knows no Judge condemns any Man before he has knowledge of the Cause, and has cited the Party. However I sent to Mr. Dean, and acquainted him with his Majesty's Displeasure, whom I find so ready to give all reasonable Satisfaction, that I have thought fit to make him the Bearer of this Answer: From him that will never be unfaithful to the King, nor otherwise than, My Lord, Your Lordship's most humble Servant, H. LONDON. After this the Chancellor asked the Bishop, if he had any more to say? Who then desired his Counsel might be heard, by whom they would have more clear and full Satisfaction concerning what he had said. Whereupon the Bishop was desired to withdraw; and after half an hour he and his Counsel were called in, who were Dr. Oldish, Hodges, Prince, and Newton. Dr. Oldish pleaded, That the King's Letter did not take cognizance of the Cause; so that it could not be an absolute Suspension, because that supposeth a Proof of the Crime charged upon him.— That there was no such word in their Laws, as suspend from Preaching, which therefore must be meant silencing; and this the Bishop did, and in such a Method as is observed in their Courts. Dr. Hodges then pleaded, That the Bishop had done what the King commanded; and that he could not Suspend, which is a Judicial Act, without first a Citation and Hearing; which is the Method of proving before all Courts; and appeared to be so in this, otherwise the Bishop needed not to have been cited before them. And that in returning the King an Answer, why he did not do what he commanded him, he did but what was his Duty, and what was Law. Dr. Price pleaded that a Citation was Jure Gentium, and could never be taken away by any Positive Command or Law whatsoever; that therefore the Bishop had obeyed the King so far as he could, in that he had silenced the Doctor; the Advice of a Bishop being in some sense an Admonition, which is a Judicial Act, and was given by the Bishop, and obeyed by the Doctor. Dr. Newton pleaded, that the Bishop had obeyed the King: for as in Nature no Man can be desired to do what is impossible, so no man can be obliged to do an unlawful Act; which Suspension, without Citation and Hearing, is.— That the Bishops are Custodes Canonum, and therefore must not break them themselves.— That he had done what was in his Power to do, and it was in effect what the King commanded to be done: For where he did Rescribere, and heard not the further Pleasure of the King returned, he ought to conclude, the King was satisfied with what he had written, according to his Duty, and the King had altered his Commands. Then the Bishop of London said, If he had erred in any Circumstance, he was very ready to beg his Majesty's Pardon, and would be ready to make any reparation he was capable. After which the Bishop withdrew for half an Hour, and then being called in, was desired to attend the Court again on Sept. 6. So the Bishop desiring that care might be took concerning the Minutes taken by the Clerks of what passed, that he might not be misrepresented to the King by the Mistake of the Penman, he went away. While the Counsellors were pleading, Dr. Pinfold, the King's Advocate, stood at the Chancellor's Elbow and took Notes, by which it was expected that he should make a Reply, but he said nothing; and 'tis supposed that he stayed with the Council, when the Bishop withdrew, and gave them Reasons for his silence. On Monday Sept. 6. 1686. There being present in Council the same as before; and the Bishop appearing, he was desired to sit down, and hear his Sentence, which (to prevent Mistake) they had ordered to be put in Writing. The Bishop then would have spoke, but was not suffered. And then Mr. Bridgman, their Register, read the Instrument whereby the Bishop of London was suspended from the Execution of his Episcopal Office, upon pain of Deprivation, during his Majesty's Pleasure; sealed with their Seal, but signed by no Body at all. And some day after, one of the Messengers attending the Court, delivered to the Dean of St. Paul's a Warrant from the Ecclesiastical Commissioners, to cause this Sentence to be affixed on the Door of that Chapterhouse; and to certify them of the due Execution hereof. Dated Septemb. 28, 1686. and sealed with the same Seal as the Sentence (which was annexed thereto) but no Persons Names. Subscribed, To the Dean and Chapter of London. The Proceed and Trial in the case of the most Reverend Father in God William Lord Arch bishop of Canterbury; and the Right Reverend Fathers in God, William Lord Bishop of St. Asaph; Francis Lord Bishop of Ely; John Lord Bishop of Chichester; Thomas Lord Bishop of Bath and Wells; Thomas Lord Bishop of Peterborough; Jonathan Lord Bishop of Bristol; in the Court of Kings-Bench at Westminster in Trinity-term, in the 4th Year of the Reign of King James the 2d. Annoque Domini 1688. THese Peers were present, on Friday June the 15th 1688, when the Lords, the Archbishop and Bishops, were brought into Court from the Tower, upon the Habeas Corpus, Viz. Ld. Marq. of Hallifax, Ld. Marq. of Worcester, Earl of Shrewsbury, Earl of Kent, Earl of Bedford, Earl of Dorset, Earl of Bullingbrook, Earl of Manchester, Earl of Burlington, Earl of Carlisle, Earl of Danby, Earl of Radnor, Earl of Nottingham, Ld. Visc. Fauconberge, Ld. Grey of Ruthyn, Ld. Paget, Ld. Chandoys, Ld. Vaughan Carbery. The aforesaid Bishops appearing then and there, about eleven a Clock, at Mr. Attorney General's motion, the Writ and Return were read in Court. Sr. Robert Wright Ld. Ch. Justice. Judges. Mr. Justice Holloway. Judges. Mr. Justice powel. Judges. Mr. Justice Allybone. Judges. Then the Bishops being sat in Chairs provided there for them, the Attorney General motioned an Information to be read against them, which Sir Robert Sawyer, Serj. Pemberton, Mr. Pollexfen, and Mr. Finch opposed, (being of Counsel for the Bishops) requiring a Discharge for the Prisoners, because their Imprisonment was illegal, the Persons committing having no Authority to commit (being said to be Lords [of] the Council, and not [in] Council) and the Fact for which they were committed, being a bare Misdemeanour, the Bishops (as Peers of the Realm) ought to be served with the usual Process of Subpoena, and not to be committed to Prison; and therefore the Bishops not being now regularly in Court, they ought to be charged with no Informatian, by the express Statute of Edward the 3d.— The which Objections caused a long and learned Debate on both sides, till at length the Judge's overruled it; only Mr Justice powel refused to determine without consulting Precedents. Then the Information against the Bishops was read; the Substance whereof was, That whereas the King put out his Declaration for Liberty of Conscience on the 4th of April in the 3d Year of his Reign, in which is contained, etc. [Hear that Declaration was inserted] and on the 27th of April in the 4th Year of his Reign did publish his other Declaration, entitled, etc. [Hear that Declaration also was inserted] which last Declaration, he on the 30th of April following caused to be printed; and for the more solemn Notification of his favour therein, did on the 4th of May following, order the same to be read in all Churches, etc. [Hear that order of Counsel was inserted] After the making of which Order, viz. on the 18th of May following, at Westminster in Middlesex, the seven Bishops (being here named) did consult and conspire among themselves to diminish the Regal Authority, and Royal Prerogative, Power and Government of the King in the Premises, and to infringe and elude the said Older; and in Prosecution and Execution of the Conspiracy aforesaid, they the said Bishops (here again naming them) with Force and Arms, etc. there and then, falsely, unlawfully, maliciously, seditiously, and scandalously, did frame, compose, and write, etc. a certain false, feigned, malicious, pernicious, and seditious Libel in Writing, concerning the King, his Declaration and Order aforesaid (under pretence of a Petition) then and there subscribed by them, and in the presence of the King did publish, wherein is contained [Hear the Bishop's Petition was inserted.] Whereupon the Attorney General prayed the Advice of the Court, and due Process of Law to be made out against the aforesaid Bishops, etc. to answer to our Lord the King, in and concerning the Premises. Then the Bishop's Counsel moved for an Imparlance till the next Term, and very learnedly and largely debated with the King's Counsel concerning the course of the Court as to that Particular; but were overruled in it. Then the Archbishop in behalf of himself and his Brethren the other Defendants, tendered their Plea in writing, which was read, and its Receipt debated; but because it was writ upon Paper, and not upon Parchment, and contained no more than what had been already debated and overruled, the Court rejected it; and put them therefore upon it, to plead presently to the Information; which they all did Not Guilty; and this day fortnight appointed for their Trial at this Bar; the Court taking the Bishops own Recognizance, of the Archbishop in 200 l. and the rest in 100 l. apiece, then and there to appear; after which the Court arose. ON Friday the 29th day of June (being the Feast of St. Peter and St. Paul) the Bishops then and there made their Appearance. Sr. Robert Wright Ld. Ch. Justice. Judges. Mr. Justice Holloway. Judges. Mr. Justice Powel. Judges. Mr. Justice Allybone. Judges. These Peers being present, viz. Ld. Marq. of Hallifax. Ld. Marq. of Worcester. Earl of Shrewsbury. Earl of Kent. Earl of Bedford. Earl of Pembroke. Earl of Dorset. Earl of Bullingbrook. Earl of Manchester. Earl of Rivers. Earl of Stamford. Earl of Carnarvan. Earl of Chesterfield. Earl of Scarsdale. Earl of Clarendon. Earl of Danby. Earl of Sussex. Earl of Radnor. Earl of Nottingham. Earl of Abington. Ld. Visc. Fauconberge. Ld. Newport. Ld. Grey of Ruthyn. Ld. Paget. Ld. Chandoys. Ld. Vaughan Carbery. Ld. Lumley. Ld. Carteret. Ld. Ossulston. 'Tis possible more of the Peers might be present both days, whose Names by reason of the Crowd, could not be taken. The Bishop's Names being called over, the Jury was sworn, whose Names follow, viz. Sir Roger Langley, Bar. Sir William Hill, Kt. Roger Jennings, Esq Thomas Harriot, Esq Jeoffery Nightingale, Esq William Withers, Esq William Avery, Esq Thomas Austin, Esq Nicholas Grice, Esq Michael Arnold, Esq Thomas Done, Esq Richard Shoreditch, Esq To whom the Information against the Bishops was read: And then Mr. Wright opened the charge: to which Mr. Attorney General spoke, showing that the Bishops were prosecuted not as Bishops, or for any point of Religion but as Subjects, and for a Temporal Crime. And that also they were prosecuted not for omitting any thing, but for doing something, even censuring of his Majesty and Government. The Heinousness of which Crime he opened; and laid down the Method they would proceed in to prove it. And according to the Method observed in the Information, that every thing might be proved therein, Mr. Solicitor General ordered to be produced in the Court both the Declarations, under the Great Seal, and the Order of Council for reading the latter, was read out of the Council-Book, and the Printer called and sworn to prove the printing of the Declaration. Then the Bishop's Petition was delivered in also by Sir John Nicholas, who being sworn, deposed, that he received that Paper from the King in Council the 8th of this Month; that the King had it from him again the 12th; and the 13th he received it again from the King. Then the Court went on to prove the Bishop's hands to it, and for that end Sir Thomas Exton was sworn, who viewing the Paper, deposed that he did believe it was the Lord Arch-Bishops Writing, and that his Name was writ there by himself; but that he did not know any of the other Names. Then Mr. Brooks being sworn, deposed also, that he knew the Archbishop Handwriting, and (viewing the Paper) did believe that to be written by him. That he knew also the Bishop of St. Asaph's Writing, and did believe this to be his. That he had seen of the Bishop of Ely's Writing, and because this did resemble a Letter that he had by him of his writing to the Bishop of Oxford, therefore he did believe this also to be his.— But this was by the Court adjudged to be but weak Evidence. Therefore▪ Mr. Chetwood was sworn to prove the Bishop of Ely's Hand, but he only deposed, That he had a great while since, seen of what was said to be his Writing, but that he never saw him write, and therefore did not certainly know his Hand. And a little after, being called to evidence to the Bishop of Bath and Wells, and Bishop of Peterborough's Hands, he said, that he had seen of the Bishop of Bath and Wells Writing, but never saw him write his Name, and (looking on his Name) he said he believed that might be his Writing, but he was not certain; that he rather believed it to be his Hand, than that other to be my Lord of Peterborough's. After him Mr. Smith deposed (viewing the Bishop of Ely's Name) that he had, a good while since, seen of his Writing, which this did resemble, and therefore he believed it might be his Writing; though he could better judge of it when he writ his Name Turner, than now it is Ely, because there was more Letter to judge by. Then Mr. Middleton deposed to the Archbishop, and the Bishop of Ely, That he had seen their Writing, and (upon viewing the Paper) did believe that this was theirs. That also he had my Lord of Peterborough's Writing for some Money two Years ago, and he believed this to be like it, but he never saw of his Writing but once. That once he saw of the Bishop of Bristol's Writing also, and did think this like it, but could not say more. Then Sir Thomas Pinfold deposed to the Bishop of Peterborough's Writing, that he never saw but one Letter from him, and (viewing the Paper) that he could not tell upon his own Knowledge that that was his Hand▪ but upon this account, that he had heard there was a Paper delivered by my Lords the Bishops to the King, and this Paper, he supposing to be the same, upon that score he did believe it his Hand, but upon any other score he could not tell what to say. Then Mr. Clavel was sworn, who deposed that he had many times seen of the Bishop of Peterborough's Writing, and believed he knew it, and (viewing the Paper) believed that to be his Hand; but he could not say that ever he had seen him write. Next Mr. James was sworn, who deposed to the Bishop of Bristol's Writing, that he believed he knew his Hand, but was not certain, because my Lord writ several times, several Hands; but viewing the Paper, he at last acknowledged that he believed this to be his. Then Mr. Nathaniel Powel being sworn, deposed to the Bishop of Chichester's writing, that he believed he knew his Hand, but looking upon his Name, said that he did not see his Lordship write that, but believed it to be like his Hand; but would not say positively that he believed it was so, because for a Man to swear his belief in such a matter, seemed to him an extraordinary thing. Then the Counsel for the King prayed that the Paper might be read; but the Bishop's Counsel opposed it. First Mr. Serj. Levinz pleaded, That a Proof by Comparison of Hands (which was the only Proof they had in this case) ought not to be received in a Criminal Case; and because moreover that Comparison had been proved in such an uncertain manner. Then Mr. Serj. Pemberton pleaded, that this Evidence did not amount to so much as a Comparison of Hands, because none of them had ever seen the Persons writ; and if it did, that was no Evidence in Criminal Cases. Then Mr. Pollexfen pleaded, that it ought to be considered whether Comparison of Hands be Evidence in a Case of Misdemeanour, (instancing in my Lady Carr's Case, in Syderfin's Reports, where this Court had adjudged it otherwise;) Or if it be Evidence, whether the Belief of a Man that brings nothing to compare with it, or ever saw the Party write, be good Evidence as a Comparison of Hands? Then Mr. Attorney General replied, that this was Evidence, though not so strong, as if they had brought those that had seen then write; yet Evidence it was, and whether it were sufficient, that they submitted to the Jury. Then Mr. Attorney General proved it to be Evidence from Sydney's Case, where Evidence upon Comparison of Hands cast him. And for the same purpose Mr. Recorder instanced in Sir Samuel Barnardiston's Case, but was presently filenced by Sir Robert Sawyer, who told him that Sir Samuel there owned his Hand. Mr. Justice Powel and Mr. Holloway then declared that they thought the Proof too slender in this Case, for that it ought to be stronger in Criminal Matters than in Civil. Therefore the Court being divided, the Ld. Ch. Justice told Mr. Solicitor he must go on to some other Proof. And then Mr. Blathwayt was sworn, who looking on the Paper, deposed that he did believe that to be the Paper which the Ld. Archbishop and the other six owned at the Council-Table the 8th of this Month, where when they appeared the first time, they were asked if they did own that Paper? they immediately answered, that they humbly hoped, as they stood there Criminals, his Majesty would not take Advantage against them, but however they would obey his Majesty's Command. Thereupon they were commanded to withdraw, which they did. That when they came in the second time, they seemed unwilling to own the Paper, saying, as they did before, and denying the publishing of it. That the third time they attended, they did all own it, and the Archbishop said it was all written with his own Hand, and that he had not made use of his Clerk; the King not making any Promise to them, that no Advantage should be taken, or use made of it.— Upon which the King's Counsel again urged that the Paper might be now read; but the Bishop's Counsel still opposed it, pleading, that first it ought to be proved that this Libel (as they called it) was written and published in Middlesex; for that all Matters of Crime were so local, that if it be not proved to be done in the County where it is laid, the Party accused is as innocent as if he never had done the thing.— But this the Ld. Ch. Justice overruled, that it was not proper to urge this until the Paper had been read; then Mr. Justice Powel at first opposed it. The Bishop's Petition than was read and shown to the Jury: The King's Counsel leaving it here, till they had seen what should be said to it. The Bishop's Counsel therefore urged their former Objection, that nothing had been proved to be done in Middlesex, and that the Bishops owning the Paper in that County, would not amount to a Publication of it there; besides that the Information and Petition did not agree, the Direction and Petitionary Part being left out.— To which the King's Counsel replied, That the Fact being owned in Middlesex, it is to be supposed to be done there, until they had proved it to be done elsewhere. Which therefore the Bishop's Counsel did by Mr. Francis Nichols, who being sworn, deposed, that he had served the Archbishop in his Bedchamber this seven Years, and he was sure that he never stirred out of the Gate of Lambeth-house, since Michaelmas last, till the time he was summoned before the Council. Yet Mr. Finch insisted on it, that the King's Counsel ought to prove the place in which it was writ; for that the Locality of it being part of the Crime as laid in the Information, they had not proved the Charge unless they did that;— Which because the King's Counsel could not do, they yielded in that Point; and insisted upon the Publication of it in that County, because there it was owned; instancing in several cases, wherein the writing of a Libel was adjudged a Publication: To which the Bishop's Counsel replied, that in those Cases it was proved that the Libel was sent by the Persons, which here it is not; and till that is proved, it cannot be said to be published by them, an owning of it to the King and Council, not being criminal; because then an Answer to a Question, put by Authority, would be a Crime, and then it would be as if Authority were employed to do wrong.— The King's Counsel therefore insisted upon it, that it was their parts to prove it did not come from them to the King, for that the King had it, and they owned it, and till they proved it otherwise, they must presume it was delivered by them.— But Presumption being looked upon as no Evidence, the Court would not accept of this.— And therefore the King's Counsel called Mr. Blathwayt again, who deposed (as before) that he was present when this Paper was delivered by the King, at the Council-Board, and being asked by Mr. Solicitor General if there was any mention of what it was done for, upon the account of Religion, or how? he answered, he did hot remember any thing of that [At which there was a great Laughter]— But that he received it from the King's hands, and he knew it was presented to him by the Bishops, for that he had heard the King say so several times. That to the best of his remembrance the Bishops were questioned whether this was the Paper presented by them to the King; and that he did always think it a plain Case that it was so, nor did they deny it; but as to that Question, he did not remember what the Words were [At which there was a great Shout] Then Mr. Bridgman was asked the same Question; Whether there was any question at the Council-Board, whether this was the Paper presented by the Bishops to the King? To which he, in answer, deposed that there was something about it, but he did not remember whether the question was directly asked or answered;— But he Believed there was no Body doubted that that was not the Paper;— And that he saw it, soon after it was delivered, and heard the King say it was the Petition the Bishops had delivered, and on Sunday the King commanded him to copy it, and there was no Copy made of it but that one, notwithstanding that he saw a Copy, within a day or two after it was presented, about the Town. Then Sir John Nicholas being asked to the same Question, answered, that (though he was then present at the Council-Board) he did not remember that. [Then there was a great Shout.] Then Mr. Pepy's, being sworn, was examined to the same; and deposed that he did not remember any thing was spoken about the delivering, but he believed it was understood by every Body at the Table, that that was the Paper the Bishops had delivered. Then Mr. Musgrave, being sworn and examined to the same, deposed, that he did not remember that ever any such direct Question was asked. Upon this Evidence than the King's Counsel (when they had opened it) submitted to the Jury; And the Ld. Ch. Justice began to direct the Jury; but was interrupted by Mr. Finch, who questioned whether it were Evidence or no; because if it were, they had other matter to offer in Answer to this Evidence, and in their own Defence. Whereupon the Ld. Ch. Justice resolved to hear them, though the rest of the Bishop's Counsel prayed him to go on with his Lordship's Direction; But just as he was beginning to go on, the King's Counsel than prayed his Patience; Mr. Solicitor General, saying, There was a Fatality in some Causes, and so there was in this; for that they had notice that a Person of very great Quality was coming, that would make it appear, that the Bishops made their Addresses to him, that they might deliver this Paper to the King.— [Then there was 3 or 4 long Pauses for above half an Hour;] And no one coming, the Criar made Oath that Mr. Grabam coming into the Hall when his Lordship was directing the Jury, said, my Lord Sunderland was a coming, but he would go and prevent him; And afterwards returning, and finding his Lordship did not go on, he said he would go again for the Lord Sunderland whom he had sent away, and he was now gone for him, and said he would bring him with him presently.— At length the Lord Precedent came, and being sworn, deposed, That the Bishops of Saint Asaph and Chichester came to his Office, and told him that they came in the Name of the Archbishop and 4 other of their Brethren, viz. the Bishops of Ely, Bath and Wells, Bristol, and Peterborough, to let him know that they had a Petition to deliver to the King▪ if he would give them leaver; and desired to know of him, which was the best way to do it. That he told them, he would know the King's Pleasure, and bring them Word again: That they offered him their Petition to read, but he did not think it fit for him to do it, and therefore he refused and would not read it; but that he went immediately to the King, and acquainted his Majesty with it, and he commanded him to let them know they might come when they would, which he immediately did; they said they would go and speak with some of their Brethren that were not far off; in the mean time he gave order that they should be admitted when they came; and they did in a little time return, and went first into the Bedchamber, and then into the Room where the King was. And all this was before they appeared at the Council. This was no Evidence, Mr. Pollexfen said, against the Archbishop, because he was not there, and nothing had been proved against him as done in Middlesex; and for the other 6 Lords, the Lord Precedent did not say, that this is the Petition that they said they had to deliver to the King; Nor did he see them deliver any thing, but that is still lest doubtful, so that it stands upon Presumption, and not upon Proof.— However the King's Counsel desired to leave it fairly to the Jury upon this Fact; and then therefore the Bishop's Counsel desired to be heard in their Defence. And, First Sir Robert Sawyer, in a long and learned Speech, told the Jury that the Charge against the Bishops; was, That they did conspire to diminish the Royal Authority, and to this end make a Libel against the King: but that the Evidence fell far short of this, which only proved that the Bishops in as private and humble a manner as they could, presented the Paper to the King, which was a Petition to be relieved against an Order of Council, which they conceived they were aggrieved by: and herein was no Sedition either in the matter, or manner of delivering it. That it was not to be questioned but that any Subject commanded by the King to do an unlawful Thing, or what was against his Conscience, might humbly tell the King why he could not obey him. And that whereas Mr Attorn. Gen. had at first said that the Bishops were not sued as Bishops, nor prosecuted for their Religion; he could not conceive what they were sued for else, the Information being against them for an Act they did as Bishops, and no otherwise; it being what was their Duty, and properly within their Sphere and Jurisdiction.— That whether therefore they considered the Matter of this Petition, or Manner of delivering it, or the Persons that delivered it, there can appear no Reason for such an Information against them. In the Matter of the Petition he considered two Things; First, the Prayer; wherein he shown there could be nothing of Falsity, nor any thing contrary to Law, for which reason he said, possibly, it was left out of the Information, as being thought no part of a Libel, and so made a deformed story of it, without Head or Tail; a Petition directed to no Body, and for nothing, it being without both Title and Prayer. Secondly, he considered the Reasons of the Bishops for not complying, expressed in it. The first whereof is the Declarations of Parliament against the Dispensing Power; and the next, because it is a Matter of so great Moment and Consequence to the whole Nation, that they could not make themselves so far Parties in it. For if it be of any effect; then by it, not only the Laws of the Reformation, but of all Religion are suspended: and what a mischief that would be to the Church, which is under the Care of my Lords the Bishops, any one might easily apprehend.— [While Sir Robert was speaking to these things, the Ld. Ch. Justice said aside, that he must not suffer this. They intended to dispute the King's Power in suspending Laws. Mr. Justice Powel replied to him, that they could not avoid that Point; because if the King had no such Power, (which was his Judgement) than this Petition could not be Libellous. The Lord Chief Justice told him he knew he was full of that Doctrine; and because the Bishops should have no occasion to say, that he denied to hear their Counsel, he would let them talk on till they were weary.] Then for the Manner of delivering the Petition, Sir Robert Sawyer proceeded to show, that from their Evidence it appeared to be in the most private and humble manner; Leave being first asked, and then given. Then for the Persons, he shown that they did no more than what was their Duty, and belonged to them; the Act of 1 Eliz. cap. 2. making them special Guardians of the Law of Uniformity, and of that other Law in his late Majesty's Reign, where all the Clauses of 1 Eliz. are revived. Now in that Statute of 1 Eliz. there is this Clause: And for the due Execution hereof, the Queen's most Excellent Majesty, the Lords Spiritual and Temporal, and all the Commons in this present Parliament assembled, do, in God's Name, earnestly require and charge all the Archbishops, and Bishops, and other Ordinaries, that they do endeavour themselves, to the utmost of their Knowledges, that the due and true execution hereof may be had throughout their Dioceses and Charges, as they will answer before God, for such Evils and Plagues, wherewith Almighty God may justly punish his People, for neglecting this good and wholesome Law. By this he shown that it was plain, that the Bishops, upon pain of bringing upon themselves the Imprecation of this Act of Parliament, were obliged to see it executed; and then when any thing comes under their Knowledge, especially if they are to be Actors in it, that has such a tendency to destroy the very Foundations of the Church, as the Suspending of Laws has, it concerns them that have no other Remedy, to address the King, by Petition, about it; and 'tis the Duty of an Officer or Magistrate to tell the King what is Law, and what is not; [he instancing in Cavendish's Case, and another in the time of the Lord Hobbart.] Next to him Mr. Finch spoke, briefly recapitulating the King's Evidence, and then showing that this Petition, as well for the Matter of it, as Manner of delivering it, and the Persons by whom it was delivered, was no Libel. Particularly that the King's Regal Authority, and Royal Prerogative was no way diminished thereby; for that the Declaration was founded upon a Dispensing Power, which the King could not have;— Because a Power to abrogate Laws, is as much a part of the Legislature (which is only in the King and his two Houses of Parliament) as to make Laws: and a Power to suspend, is equal to a Power of abrogating Laws, because they are no longer in being, as Laws, while they are suspended.— That this was never attempted, but in the last King's time, which was took notice of, and declared against in Parliament, in the Years 1662. and 1672; the effect of which was, that His Majesty cancelled the Declaration, and declared that it should never be drawn into Example or Consequence.— That the Bishops here, had done but what became them, as Peers and Bishops, in the most decent Manner. And that unless this humble Petition, so presented, may be said to be a malicious and seditious Libel, with an intent to stir up the People to Sedition, the Jury ought not to find my Lords the Bishop's guilty upon that Information. Mr. Pollexfen next spoke, insisting upon the Illegality of the King's Declaration, as setting aside all the Law we have in England, almost all being Penal Laws, not only those before the Reformation, but since; especially in matters of Religion.— And therefore the King's Will, not being consonant to Law, and not obliging, nothing can be done with a more Christian Mind than to inform him of it, by way of Petition, as the Bishops had done. Then Mr. Serjeant Pemberton spoke; Affirming that the Bishops had done no more than their Duty, to God, the King, and the Church.— Denying the Dispensing Power, as a thing that strikes at the very Foundation of all the Rights, Liberties and Properties of the King's Subjects whatsoever.— That the King's Legal Prerogatives are as much for the Advantage of his Subjects, as of himself.— That these Laws he would by his Declaration suspend, are the great Bulwark of the Reformed Religion.— Intended to defend the Nation against false Religions,— Particularly the Romish Religion, (which is the very worst of all Religions) a Religion no way tolerable, nor to be endured here.— And yet if this Declaration should take effect, all Religions would be let in, and even that Religion would stand upon the same terms with the Protestant Religion; and all the Care and Statutes that had been against it, go for nothing.— That the Bishops have the Care of the Church, by their very Function and Office; and are bound to take care to keep out all those false Religions that are prohibited, and designed to be kept out by Law, and therefore could do no less than they did.— That our Law did allow the King no such Dispensing Power;— Instancing in that Check the Parliament had given to it in 1662.— But here the Ld. Ch. Justice interrupted him, as being what had been spoken to already. Then Mr. Serjeant Levinz offered to show, that it has been taken all along, as the ancient Law of England, that such Dispensations ought to be by the King and Parliament, and not by the King alone: but he was stopped, enough having been offered already. Therefore the Bishop's Counsel proceeded to prove what had been said; and to that end was produced, and read in Court, the Record of Richard the Second, wherein the Parliament gave the King a Power to dispense with the Statute of Provisors (which was a Penal Law, concerning collating and presenting to Dignities and Benefices of the Church) only till the next Parliament; declaring withal that it was a Novelty, and that it should not be drawn into Example. Then the Journal of the House of Lords was produced, and his Majesty's Speech to both Houses, in 1662., read, wherein is this Clause; That if the Dissenters will demean themselves peaceably and modestly under the Government, (his Majesty said) he could hearty wish that he had a Power of Indulgence to use upon occasion.— Whereupon there was a Bill in the House of Lords brought in to enable the King to dispense with several Laws, which was read and committed, but further than that it went not. Which Bill was also read out of the Journal. Then the Journal of the House of Commons was produced, and a Vote read, which passed, Feb. 25. 1662. That no Indulgence be granted to the Dissenters from the Act of Uniformity: With the Commons Address, and Reasons for this Vote; wherein was declared, That the Act of Uniformity could not be dispensed with, without an Act of Parliament. The Journal of the House of Lords was again produced, and the King's Speech to both Houses, on Feb. 5. 1672, read, wherein he mentions his Declaration for Indulgence. The Journal then of the House of Commons was again produced; and the Commons Petition and Address to the King, Feb. 14. 1672, was read; Wherein they thank him for his Speech,— And tell him, They have considered his Declaration for Indulgence, dated the 15th of March last; And find themselves bound in Duty to inform his Majesty, That Penal Laws in Matters Ecclesiastical, cannot be suspended but by Act of Parliament: And do therefore beseech him, That the said Laws may have their free Course, until it shall be otherwise provided for by Act of Parliament. Then his Majesty's Answer to that Reply was read, wherein he expresses his trouble, that his Declaration has disquieted them;— That he does not pretend to the Right of suspending Laws, wherein the Properties, Rights, or Liberties of any of his Subjects are concerned; nor to alter any thing in the established Doctrine or Discipline of the Church of England: But his only Design in this, was to take off the Penalties and the Statutes inflicted upon Dissenters.— To which the Commons replied, (which was then read out of the same Journal) That they found his Answer not sufficient to clear the Apprehensions that may justly remain in the Minds of his People, by his Majesty's having claimed a Power to suspend Penal Statutes in Matters Ecclesiastical; and which his Majesty does still seem to assert in his Answer, to be entrusted in the Crown, and never questioned in the Reigns of any of his Ancestors: Wherein they humbly conceive him misinformed; Since no such Power ever was claimed or exercised by any of his Majesty's Predecessors: And if it should be admitted, might tend to the interrupting the free Course of the Laws, and altering the Legislative Power, which hath always been acknowledged to reside in his Majesty, and his two Houses of Parliament. With an unanimous Consent, they therefore again besought him, That he would be pleased to give them a full and satisfactory Answer to their Petition and Address; and take such effectual Order, that the Proceed in this Matter might not for the future be drawn into Consequence or Example. Then the Lords Journal was turned to, wherein it wa● read, how that the King communicated this Address to the Lords, and desired their Advice. And that on March the 8th, 1672, He made a Speech to both Houses; wherein he tells them, That if there was any Scruple remaining in them, concerning the Suspension of Penal Laws, he here faithfully promised them, That what had been done in that Particular, should not for the future be drawn, either into Consequence or Example.— After which the Lord Chancellor imparted to them, That his Majesty found some dissatisfaction remaining, concerning the Officers to be employed abroad; but if that bred any Umbrage, the King commanded him to let them know, That he resolves to give both his Houses full Satisfaction to their Desires.— And that his Majesty had, last Night, in pursuance of what he then intended, and declared this Morning, concerning the Suspension of Penal Laws, not being for the future to be drawn either into Consequence or Example, caused the Original Declaration under the Great Seal, to be canceled in his presence; whereof Himself, and several other Lords of the Council were Witnesses.— The Record of which in the Journal was then read. Then his present Majesty's Speech, on Novemb. 9 1685, to both Houses, was read, wherein, declaring the Necessity of his Standing Army, and requiring a Supply for their Maintenance, he says,— Let no Man take Exception that there are some Officers in the Army not qualified according to the late Tests,— I will neither expose them to disgrace, nor myself to the want of them, if there should be another Rebellion to make them necessary to me.— The Commons Journal being then turned to, their Address to the King was then read; Wherein, after they had thanked him for his Care in the suppressing the late Rebellion, they acquaint him, that they had considered his Speech, and, as to that part of it relating to the Officers, They do, out of their bounden Duty humbly represent to him, That those Officers cannot by Law be capable of their Employments; and that the Incapacities they bring upon themselves thereby, can no ways be taken off but by Act of Parliament.— That therefore they are preparing a Bill to indemnify them from the Penalties they have now incurred: And because the continuance of them in their Employments, may be taken to be a dispensing with that Law without Act of Parliament; the Consequence of which is of the greatest Concern to the Rights of all his Majesty's Subjects, and to all the Laws made for the Security of their Religion: They therefore do beseech him, he would be graciously pleased to give such Directions therein, that no Apprehensions or Jealousies may remain in the Hearts of his Subjects. After this, that forecited Clause of the Statute 1. Eliz. was read, and then Mr. Serj. Levinz spoke to this effect; That the Charge being for a Libel, it ought to be considered, Whether the Bishops did deliver this Paper to the King? of which there has been no direct Proof; (Publishing he would not talk of, because there has been no proof of a Publication); or supposing they did deliver it, Whether this be a Libel upon the Matter of it, the Manner delivering it, or the Persons that did it?— He said it was no Libel,— taking notice of the disingenuity offered the Bishops, in only setting forth part, and not the whole.— Affirming, that the Subjects have a Right to Petitioning in all their Grievances;— That this was a Grievance the Bishops petitioned against, it being what the Law, neither Common, nor Act of Parliament, allowed of;— And therefore the Bishops could not be guilty of the Charge. Then Mr. Finch spoke briefly again, making a Challenge to show any one Instance of such a Declaration, such a general Dispensation of Laws from the Conquest, till 1672.— Leaving their Cause upon this Point; That to suspend Laws, is to abrogate them; and that to abrogate Laws is part of the Legislature, which Power is lodged in King, Lords, and Commons. To which Sir Robert Sawyer added, That he found few Attempts of this Nature in any King's Reign. In the Reign of Henry the 4th, there was an Act of Parliament that Foreigners should have a free Trade in London, notwithstanding the Franchises of the City. After the Parliament risen, the King issued out his Proclamation, forbidding the execution of that Law, and commanding that it should be in suspense till the next Parliament; yet that was held to be against Law. Then he mentioned another Case, upon the Statute of 31. Hen. 8. cap. 8. which enables the King, by Proclamation, in many Cases, to create the Law; which Statute was repealed by 1. Edw. 6. cap. 12. That very Act reciting, that the Law is not to be altered, or restrained, but by Act of Parliament.— Then Mr. Summer (of Counsel also for the Bishops) mentioned the Case of Thomas and Sorrel upon the Validity of a Dispensation of the Statute of Edward the 6th, touching selling of Wine. Where it was the Opinion of every one of the Judges, and they did lay it down as a settled Position, that there never could be a Suspension of an Act of Parliament, but by the Legislative Power.— Affirming, that the Matters of Fact alleged in the Bishop's Petition, had been proved perfectly true by the Journals of both Houses. That there could be no Design thereby to diminish the King's Prerogative, because he had none such; That the Petition could not be Seditious, nor stir up Sedition, because it was presented to the King, in private and alone; False it could not be, because the Matter of it is True. There could be nothing of Malice, because the Occasion was not sought; the Thing was pressed upon them; and a Libel it could not be, because the Intent was innocent, and they kept within the Bounds set by the Act of Parliament, that gives the Subject leave to petition his Prince, when he is grieved. Here the Bishop's Counsel saying they had done, Mr. Attorn. Gen. spoke for the King; Alleging that the Records produced were nothing to the purpose, because they were only Matters transacted in Parliament, and not Acts of Parliament.— That be their Libel never so true, yet still it was Libellous.— That though the Subject may petition the King, yet not in such reflecting Terms. And though Religion was concerned, yet ought not illegal Means he made use of;— That therefore the Bishops ought rather to have acquiesced under their Passive Obedience till the Parliament met, which the King had promised in his Declaration should be in November. Then Mr. Sol. Gen. in along Speech added, That the Bishops had no right of Petitioning out of Parliament; and therefore the Proceed in Parliament which had been produced were not to the purpose. [Here Mr. Justice Powel expressed his dislike of this Doctrine aside to the Ld. Ch. Justice, who concurred with him.] Going on to prove from the Statute 1 Hen. 4. that there ought to have been no Complaint made till it had come from the Commons in Parliament; that the Law continued so till the 3 Hen. 7. where the Grievance was found, that Offences in the Intervals of Parliament could not be well punished; and then comes the Statute that sets up the Court of Star-Chamber; which yet was abolished by the Statute of the 15 Car. 1.— That the Proceed of Parliament produced were no Declarations of Parliament, (because never passed into an Act) and therefore they are Nullities, and cannot be accepted of as any Evidence. [Here again the Ld. Ch. Justice, and Mr. Justice Powel discoursed aside, saying, he thought to impose upon them, but they believed not one word he said.] Then he appealed to the Case in the 2 Cro. 2. Jac. 1. Where it is asserted, That the King may make Orders and Constitutions in Matters Ecclesiastical.— And the Case of De Libellis Famosis, which says, in the 5th Report, If a Person does a thing that is Libellous, you shall not examine the Fact, but the Consequence.— And therefore if the King hath a Power to make Orders in matters Ecclesiastical, and do so; if any bring that Power into Question, that is Sedition; and the Legality or Illegality of the Order ought not to be examined.— Whence he doubted not but they had here a good Case for the King, and that the Jury would give them a Verdict. Then Mr. Justice Holloway ask him, What the Bishops could have done in this Case, if they might not Petition?, he answered, That they should have acquiesced till the meeting of the Parliament [At which some People in the Court hissed.] Adding, that it was one thing for a Man to submit to his Prince, where he cannot obey him, and another thing to affront him; this being Libelling with a Witness. To which the Ld. Ch. Justice said, That he was of Opinion that the Bishops might Petition the King, though out of Parliament, but not in such a Reflective manner, because that would make the Government very Precarious.— But Mr. Justice Powel told Mr. Sol. Gen. it would have been too late to stay for a Parliament; and if the Bishops had disobeyed without Petitioning, it would have looked like a piece of Sullenness, and they would have been blamed for it as much on the other side. Mr. Serj. Baldock then spoke also for the King; insisting on the Disobedience of the Bishops to the King, who is their Supreme Ordinary, they being not commanded to read it themselves, but only to distribute them to be read; and their giving Reasons for their Disobedience in a Libellous Petition, charging the King with an illegal Act, reflecting upon his Prudence, Justice, and Honour, in laying his Commands upon them; which being done by Bishops, and having an Universal influence upon all the People, he left it to his Lordship and Jury, whether they ought not to answer for it. Then Sir Barth. Shore (the Recorder) spoke on the same Side, saying, He thought the Information proved, for that no Answer had been made to it; The Answer made being but Argumentative, and taken either from the Persons of the Defendants, as Peers, (who could have no right to Petition libellously) or from the Form of its being a Petition, which could no more excuse them, if it were scandellous, than any other. The Author of Julian the Apostate having as much right to publish his Book, as the Bishops had to deliver this Libel to the King. [For which comparison he was checked by Mr. Justice Powel, who told him, it was the Birthright of the Subject to Petition.] And that it was as lawful for the City of London to Petition for the Sitting of a Parliament, as it was for the Bishops to give Reasons for their Disobedience to the King's Command. And if their Petition was reckoned Libellous, in saying that what the King had done in Dissolving the Parliament, was an Obstruction of Justice; what other Construction can be made of the Bishops saying, that the King's Declaration is illegal? And if they were so severely punished as to lose their Charter for what they did, the Bishops ought to have the like Condemnation. Then Mr. Serj. Trinder spoke in defence of the King's Dispensing Power; alleging Sir Edward Hales Case, (which the Ld. Ch. Justice told him was beside the Matter); Then he condemned the questioning of the Bishop's Counsel of the King's Power, by referring themselves to the Declarations in Parliament, as if the King's Authority was under the Suffrages of a Parliament; that yet no such Declaration was produced, they being mistaken, and therefore it is in the nature of false News, which is a Crime for which the Law will punish them. Then the Ld. Ch. Justice summed up the Evidence; and in conclusion gave his own Opinion, that the Bishop's Petition was a Libel. Then Mr. Justice Powel gave his Reasons why he thought it no Libel, and that the King had no Dispensing Power. Next Mr. Justice Allybone endeavoured to make out, and declared his Opinion that it was a Libel. [He refused to speak to the Prerogatives of the King, as the Ld. Ch. Justice had done before him.]— Then Wine was sent for, for the Jury.— And upon request, they were allowed to have along with them a Copy of the Information, the Original Petition, and the Declarations under the Great Seal. But the Journals were not allowed them, Mr. Solicitor saying, they were no Evidence. [Then the Court arose, and the Jury went together to consider of their Verdict, and stayed together all Night, without Fire or Candle.] On Saturday, June 30. 1688. about Ten of the Clock in the Morning, the Bishops came again into the Court, and immediately after the Jury were brought to the Bar. And their Appearance being taken, they delivered in their Verdict, Not Guilty. [At which there were several great Shouts in the Court, and throughout the Hall.] Mr. Sol. Gen. taking notice of some Persons in the Court that shouted, moved very earnestly that they might be committed: Whereupon a Gentleman of Grays-Inn was laid hold on, but was soon after discharged. And after the shouting was over, the Ld. Ch. Justice reproved the Gentleman, saying, he was as glad as he could be that the Bishops were acquitted; but his manner of rejoicing here in Court was indecent; he might rejoice in his Chamber, or elsewhere, and not here. Then ask Mr. Attorney if he had any thing more to say to the Bishops? He said, No. [Then the Court arose, and the Bishops went away.] FINIS. APPENDIX. To the Kings most Excellent Majesty, the humble Petition of Algernon Sidney Esq Sheweth, THAT Your Petitioner, after a long and close Imprisonment, was, on the 7th Day of this Month, brought with a Guard of Soldiers into the Palace-Yard, upon an Habeas Corpus directed to the Lieutenant of the Tower, before any Indictment had been exhibited against him: But while he was there detained, a Bill was exhibited and found; whereupon he was immediately carried to the King's-Bench, and there Arraigned. In this surprise, he desired a Copy of the Indictment, and leave to make his Exceptions, or to put in a Special Plea, and Counsel to frame it; but all was denied him. He then offered a Special Plea ready engrossed, which was also rejected without reading; and being threatened, That if he did not plead, Guilty, or Not Guilty, Judgement of High-Treason should be entered, he was forced, contrary to Law (as he supposes) to come to a General Issue in pleading Not Guilty. Novemb. 21. He was brought to his Trial, and the Indictment being so perplexed and confused, as neither He, nor any of his Friends that heard it, could fully comprehend the Scope of it: He was wholly unprovided of all the Helps that the Law allows to every Man for his Defence: Whereupon he did again desire a Copy, and produced an Authentic Copy of the Statute of the 46 Edw. 3. whereby it is Enacted, That every Man shall have a Copy of any Record that touches him in any manner, as well that which is for, or against the King, or any other Person; but could never obtain a Copy of the Indictment, nor that the Statute should be read. The Jury by which he was tried, was not (as he is informed) summoned by the Bailiffs of the several Hundreds, after the usual and legal manner, but Names were agreed on by Mr. Graham and Mr. Burton, and the Under-Sheriff, and Directions given to the Bailiff to summon them; and being all so chosen, a Copy of the Panel was of no use to him. When they came to be called, he excepted against some for being your Majesty's Servants, which he hoped should not have been returned, when he was prosecuted at your Majesty's Suit; many others for not being Freeholders': Which Exceptions he thinks were good in Law; and others were lewd and infamous Persons, not fit to be of any Jury; but all was overruled by the Lord Chief Justice, and your Petitioner forced to challenge them peremptorily, whom he found to be picked out, as most suitable to the Intentions of those who sought his Ruin; whereby he lost the Benefit allowed him by the Law, making his Exceptions, and was forced to admit of Mechanic Persons, utterly unable to judge of such a Matter as was to be brought before them. This Jury being sworn, no Witness was produced, who fixed any Thing beyond Hear-say upon your Petitioner, except the Lord Howard, and them that swore to some Papers said to be found in his House, and offered as a second Witness, and written in a Hand like to that of your Petitioner. Your Petitioner produced Ten Witnesses, most, of them Men of Eminent Quality, the others of Unblemished Fame, to show the Lord Howard's Testimony was inconsistent with what he had sworn before at the Trial of the Lord Russel, and declared under the same Religious Obligation of an Oath, as if it had been legally administered. Your Petitioner did further; endeavour to show, That besides the Absurdity and Incongruity of his Testimony, he being guilty of many Crimes, which he did not pretend your Petitioner had any knowledge of; and having no other hope of Pardon, but by the Drudgery of Swearing against him, he deserved not to be believed: And similitude of Hands could be no Evidence, as was declared by the Lord Chief Justice Keeling, and the whole Court, in the Lady Carr's Case; so as that no Evidence remained against him. But whosoever wrote those Papers, they were but a small Part of a Polemical Discourse, in Answer to a Book written about thirty Years ago, upon General Propositions applied to no Time, or any particular Case; so that it was impossible to judge of any Part of it, unless the Whole did appear, which did not, the sense of such Parts as were not produced, could not be comprehended, unless the Whole had been read, which, was denied. The Ink and Paper shown them to be written many Years ago; the Lord Howard not knowing of them, they could have no concurrence with what your Petitioner is said to have designed with him and others; the Confusion and Errors in the Writing, shown they had never been so much as reviewed, and being written in a Hand that no Man could easily read, they were never fit for the Press, nor could be in some Years, though the Writer of them did intent it, which did not appear; but they being the only present crude and private Thoughts of a Man, for the exercise of his own. Understanding in his Studies, and never shown to any, or applied to any particular Case, could not fall under the Statute of 25 Edw. 3. which takes Cognizance of no such Matter, and could not by construction be brought under it, such Matters being thereby reserved to the Parliament, and is declared in the Proviso, which he desired might be read, but was refused. Several Important Points of Law did hereupon emerge, upon which your Petitioner knowing his own Weakness, did desire that Counsel might be heard, or it might be reserved to be found especial; but all was overruled by the Violence of the Lord Chief Justice, and your Petitioner so frequently interrupted, that the whole Method of his, Defence was broken, and he not suffered to say the tenth Part of what he could have alleged in his Defence; so the Jury was hurried into a Verdict which they did not understand. Now, forasmuch as no Man that is oppressed England, can have Relief, unless it be from your Majesty? your Petitioner humbly prays, that the Premises considered, your Majesty would be pleased to admit him into your Presence; and if he doth not show that it is for your Majesty's Honour and Interest to preserve him from this sad Oppression, he will not complain though he be left to be destroyed. The Trial of Charles Bateman, Chirurgeon, At the Session's-House in the Old-Baily, on Wednesday, Decemb. 9.1685. HIS Indictment was for High-Treason, in conspiring the Death of the late King. To which (after some offer to have said something for himself, in order to put off his Trial, which Mr. Recorder would not admit of) he pleaded, Not Guilty. Then urging his unpreparedness, want of notice of his Trial, and great indisposedness, by reason of his close Imprisonment for ten Weeks, he desired his Trial might be put off; but it would not be granted. His Jurors were, Richard Aley, Esq Richard Williams, John Cannum, Patrick Barret, John Palmer, James Raynor, Edward Redish, George Lilburn, Daniel Fouls, Peter Floyer, Laurence Cole, John Cooper. To whom the Indictment being read, Mr. Phips (Counsel for the King) opened the Case, and was seconded by Mr. Serjeant Selby, and Mr. Charles Moloy. Then Josias Keeling, being called and sworn, deposed, in general, concerning his being at divers Meetings, wherein the Methods had been proposed about an Insurrection, and that the Prisoner was looked upon as a Person fitting to manage one Division in order thereto, etc. but could not particularly charge him with any thing upon his own knowledge. Thomas Lee deposed, that Mr. Goodenough told him, The Prisoner was to manage one Division; and going to him about it from Mr. Goodenough, he plainly perceived he was no stranger to it, nor bogled to give his Assent, and seemed very desirous to speak with Mr. Goodenough about it. That going one day with the Prisoner to the late Duke of Monmouth's House, the Prisoner, after he had had some Discourse with one of the Duke's Servants, came to him and told him, the Duke was willing to engage in the Business, and assured him that he had divers Horses kept in the Country, to be in a readiness when Matters should come to Extremity. That from thence going with him to the King's-Head Tavern, they had Discourse to the same effect there. That from thence to the Devil-Tavern, where the Prisoner proposed the seizing the City, Tower, Savoy, White-Hall, and the Person of the late King, and promised not to be wanting therein. That at another time, meeting him at the Half-Moon Tavern in Aldersgate-street, (the design of all which Meetings, was upon the account of carrying on the Conspiracy) and discoursing about the Condition the Conspirators were in. As to the intended Insurrection, he said, If he could but see a Cloud at big as a Man's Hand, he would not be wanting to employ his Interest. That the Prisoner also had told him, that he intended to take an House near the Tower, to place Men in, in order to surprise it; to that end he held correspondence with some Sea-Captains, and that he had been with them at Coffeehouses. Mr. Richard Goodenough deposed, That being in company with the Prisoner, he had heard him approve of the Design, and promise to use his Interest in raising Men; and not only to be assisting in the Division allotted him, but in surprising the City, Savoy, etc. and in driving the Guards out of Town. Then the Prisoner called several Witnesses to invalidate Lee's Testimony. Sir Robert adam's testified to a false Report of his, about beating three Knights. Sir Simon Lewis was called to the same purpose, but appeared not. James Child could say nothing, but that Lee was an Honest Man. One Baker was also called, to testify that Lee would have suborned him against the Prisoner to his Prejudice, some Years since, of which he had made Affidavit before Sir William Turner: But Baker not appearing, Sir William Turner was desired to give account of it; but it being above two Years since, he could not remember such Particulars: His Clerk, Mr. Tomkins remembered such an Affidavit was made in 1682, which mentioned Mr. Lee; 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. Mr. Bateman then desiring to know upon what Statute he was Indicted, and (being assisted by his Son, by reason of his Incapacity) making little more Defence, the Ld. Ch. Justice of the King's-Bench summed up the Evidence; and other Prisoners were tried: and just before the Jury went out, the aforesaid Baker being found, with much ado it was obtained, that he should give in his Evidence; which was, That Lee persuaded him to intrude himself into the Prisoner's Company, and some others, and to discourse of State-Affairs, by which means he would find a way to make him a Man; of which he had made Affidavit before Sir William Turner. But this the Court interpreted to Lee's Advantage, as if he only thereby designed to make a discovery of the Plot, and so have got a further Evidence to corroborate his own; reflecting on Baker as a broken Fellow, etc. After which the Jury withdrawing for half an hour, brought the Prisoner in Guilty. And accordingly he being brought again to the Bar, on Friday following, Mr. Recorder sentenced him to be Drawu, Hanged, and Quartered; which was executed upon him at Tyburn, on Friday, Decemb. 18th following. The Trial of John Hambden, Gent. At the Session's-House in the Old-Baily, on Wednesday, Decemb. 30. 1685. THen and there the Prisoner appearing, and the grand Jury for the County of Middlesex called over, his Indictment was read; which was for High-Treason, in conspiring the Death of the late King, and raising a Rebellion in this Kingdom. To which (before Mr. Hambden pleaded) he intimated his having been tried for the same Fact above two Years ago; and withal, gave the Lord Chief Justice to understand, that he thought he had as much to say, in Point of Law, for himself, as any Prisoner that ever came before him; but that he was resolved to pass by all Pleas whatsoever, and cast himself wholly upon the King's Mercy. The Lord Chief Justice told him, his former Indictment was for High-Misdemeanour, but this for High-Treason, and therefore a different Fact, requiring him therefore to plead. Then he pleaded Guilty to the Indictment, requesting his Lordship's Intercession for him with the King: Which was readily enough granted; and the Method he was persuaded to take highly approved, as answering the Design of giving Life and Credit to the Fanatic Rlot, and gratifying the Importunity (possibly) of some Great Ones. However, the dismal Sentence of Death was by Mr. Recorder, pronounced upon him, due to High-Treason; yet not without a show of Tenderness, and some encouragement of an Obligation this brave Person had hereby merited with them; This getting a Pardon, when nothing else must. Books lately Printed and Sold by Jonathan Robinson, at the Golden Lion in St. Paul's Churchyard, relating to the great Revolutions in England and Scotland 1688, 1689. ☞ AN Account of the Reasons of the Nobility and Gentry's Invitation of the Prince of Orange into England; Being a Memorial from the English Protestants concerning their Grievances; with a large account of the Birth of the Prince of Wales: presented to their Highnesses the Prince and Princess of Orange. A Collection of Political and Historical Papers relating to the wonderful Revolutions in England, and Scotland in 12 Parts, from the time of the seven Bishops petitioning K. James the 2d. to the Coronation of K. William and Q. Mary. A Brief History of the Succession of the Crown of England, etc. Collected out of the Records, and the most Authentic Historians; written for the Satisfaction of the Nation. Wonderful Predictions of Nostredamus, Grebner, David Pareus, and Autonius Torquatus; wherein the Grandeur of their Present Majesties, the Happiness of England, and Downfall of France and Rome are plainly Delineated. With a large Preface, showing, That the Crown of England, has not been obscurely foretold to their Majesty's William the 3d, and Queen Mary, late Prince and Princess of Orange; and that the People of this Ancient Monarchy have duly contributed thereunto, in the present Assembly of Lords and Commons, notwithstanding the Objections of Men of different Extremes. A Seasonable Discourse, wherein is examined, what is lawful during the Confusions and Revolutions of Government, especially in the Case of a King deserting his Kingdoms; and how far a Man may lawfully conform to the Powers and Commands of those, who with Various Successes hold Kingdoms. Whether it be lawful (1) In Paying Taxes. (2) In personal Service. (3) In taking of Oaths. (4) In giving up himself to a final Allegiance. A Seasonable Treatise; wherein is proved, That King William (commonly called the Conqueror) did not get the Imperial Crown of England by the Sword, but by the Election and Consent of the People. To whom he swore to observe the Original Contract between King and People. An Answer to a Paper Entitled, The Desertion Discussed: being a Vindication of the Proceed of the late Honourable Convention, in their Filling up the Throne with King William and Queen Mary. An Exact Collection of the Debates of the House of Commons (particularly such as relate to the Bill of Exclusion of a Popish Successor, etc.) held at Westminster, Octob. 21. 1680; Prorogued the 10th, and Dissolved the 18th of January following. With the Debates of the House of Commons at Oxford, Assembled March. 21. 1680. Also a Just and Modest Vindication of the Proceed of the said Parliaments. Julian's Arts to Undermine and Extirpate Christianity, etc. By Samuel Johnson. The Impression of which Book was made in the Year 1683, and has ever since laid buried under the Ruins of all those English Rights which it endeavoured to defend; but by the Auspicious and Happy Arrival of the Prince of Orange, both They and It have obtained a Resurrection. Dr. Gilbert Burnet (now Bishop of Salisbury) his Tracts, in Two Volumes; in which are contained several Things relating to the Affairs of England. The Mystery of Iniquity working in the Dividing of Protestants, in order to the subverting of Religion, and our Laws, for almost the space of thirty Years last passed, plainly laid open. With some Advices to Protestants of all Persuasions, in the present Juncture of our Affairs. To which is added, A Specimen of a Bill for uniting of Protestants. Liberty of Conscience now highly necessary for England, humbly represented to this present Parliament. An Enquiry into, and Detection of the Barbarous Murder of the late Earl of Essex, (now under consideration of a Committee of the House of Lords) Or, a Vindication of that Noble Person, from the Gild and Infamy, of having destroyed himself. An Account of the Trial of Mr. Papillon. To which is added, The Matter of Fact in the choosing of Sheriffs in Sir John Moor's Year, now under the consideration of the Committee for Grievances. A Collection of strange, Predictions of Mr. J. P. for the Years 1687, and 1688; about K. James the Second, Prince of Wales, and the scampering away of many great Ministers of State. Arguments against the Dispensing Power, in Answer to L. C. J. Herbert. The Royal Cards; Being a lively Representation of the late Popish and Tyrannical Designs, and of the wonderful Deliverance of this Kingdom from the same, by the glorious Expedition of William Henry Prince of Orange, now King of England, (whom God long preserve:) printed in curious Copper Plates. Price 1 s. a Pack. Mumurers reproved, in a Sermon preached by Mr. Hopkins, etc. England's Call to Thankfulness, for her late great Deliverace. By Mr. John Olliffe, etc. Melius Inquirendum: Or a further modest and impartial Inquiry into the Lawfulness of taking the New Oath of Allegiance. By a Divine of the Church of England. A Friendly Debate, between Dr. King's-Man a Dissatisfied Clergyman, and Gratianus Trimmer a Neighbour-Minister, concerning the late Thanksgiving-Day; the Prince his Descent into England; the Nobilities and Gentry's joining with him; the Acts of the Honourable Convention; the Nature of our English Government; the Secret League with France; the Oaths of Allegiance and Supremacy, etc. with some Considerations on Bp Saunderson and Dr. Falkner, about Monarchy, Oaths, etc. Written for the Satisfaction of some of the Clergy, and others that yet labour under Scruples. By a Minister of the Church of England. A Brief Vindication of the Parliamentary Proceed against the late King James the Second: Proving that the Right of Succession (by nearness of Blood) is not by the Law of God, or Nature, but by Politic Institution. With several Instances of deposing Evil Princes; showing that no Prince hath any Title Originally, but by the Consent of the People. The Dying Speeches of several Excellent Persons who suffered for their Zeal against Popery and Arbitrary Government, in the Reigns of King Charles the Second, and King James the Second. Ireland's Lamentation: Being a Short, but Perfect, Full, and true Account of the Situation, Nature, Constitution and Product of Ireland. With an Impartial Historical Relation of the most Material Transactions, Revolutions, and miserable Sufferings of the Protestants there, from the Death of King Charles the Second, to the latter end of April, 1689. The Time and Manner of the late King's Landing there: What Men, Monies, Shipping, Arms and Ammunition he brought with him. The Manner of his going up, and into Dublin: His Kneeling to the Host: Displacing all Protestants: The Strength and Defeat of his Army, and what else is of Note. To which is added, A Letter from a Lieutenant in the Irish Army, dated at Dublin May 7. with an Account of Affairs to that Time.