THE TRIALS OF Henry Cornish, Esq; FOR CONSPIRING The Death of the King, And raising a REBELLION IN THIS KINGDOM; AND john Fernley, William Ring, and Elizabeth Gaunt, For Harbouring and Maintaining REBELS: AT THE Sessions-House in the Old-Baily, London, on a Commission of Oyer and Terminer held there for the City of London and County of Middlesex, on Monday, Octob. 19 1685.  
LONDON: Printed and Sold by George Croom, at the Sign of the Blue-Ball in Thames-street, near Baynard's Castle. MDCLXXXV.   

I Do appoint George Croom, Printer, to Print and Publish the TRIALS of HENRY CORNISH, JOHN FERNLEY, WILLIAM RING, and ELIZABETH GAUNT, and that no other do presume to Print the same.  
December, the 1st. 1685. THO. JONES.   

THE TRIALS OF John Fernley, William Ring, Elizabeth Gaunt, and HENRY CORNISH, Esquire, Indicted for HIGH-TREASON.  
MOnday, Octob. 19th. 1685. at the Sessions-House in the Old-Bayly, London; The Court being met, and Proclamation made for Attendance, the Proceed were as follow.  Clerk. 
Set John Fernley to the Bar. (Which was done.)  Cryer. 
O Yes, All manner of Persons are commanded to keep silence, upon pain of Imprisonment.  Clerk. 
John Fernley, hold up thy hand. (Which he did.)  
Thou standest indicted by the Name of John Fernley.  
Middlesex. THE Jurors for our Sovereign Lord the King upon their Oaths do present, That John Fernley, of the Parish of St. Mary Matfellon, otherwise White-Chappel, in the County of Middlesex, Barber, as a false Rebel and Traitor against the most Illustrious and most excellent Prince King James the Second, by the Grace of God of England, Scotland, France, and Ireland, King, and his natural Lord, not having the fear of God in his Heart, nor his due Obedience any wise regarding, but being moved and seduced by the Instigation of the Devil, and his faithful Duty and natural Obedience which a true and loyal Subject aught to have towards his said Lord the King, and by Law ought to observe, utterly withdrawing; and intending with all his Endeavours the Peace and Tranquillity of this Kingdom of England to disturb, and War and Rebellion against our said Lord the King to incite and move, and the Government of our said Lord the King in this Kingdom of England to subvert, and our said Lord the King from his Title, Honour, and Regal, and Imperial Crown of this his Kingdom of England to depose and deprive, and our said Lord the King to Death and utter Destruction to bring: the 20th day of August in the Year of the Reign of our Sovereign Lord James the Second, by the Grace of God of England, Scotland, France, and Ireland, King, Defender of the Faith, etc. the first, and divers other days as well before as after, at the Parish of St. Mary Matfellon, otherwise called White-Chappel, in the County of Middlesex, falsely, maliciously, devilishly, and traitorously, with divers Rebels and Traitors to the Jurors aforesaid unknown, did conspire, imagine, and intent, our said Sovereign Lord the King, now his supreme and natural Lord, not only of his royal State, Title, Power, and Government of this his Kingdom of England to deprive and depose, but also the same Lord the King to kill and murder, and the ancient Government of this Kingdom of England to change, altar, and totally subvert, and a miserable Slaughter amongst the Subjects of our Lord the King throughout all this his Kingdom of England to cause and procure, and ●n Insurrection and Rebellion against our Lord the King to procure, promote, and assist, and the same his most wicked, most inhuman, and most devilish Treasons and Conspiracies, Purposes and traitorous Imaginations to fulfil and to effect, he the said John Fernley, as a false Traitor, then and there, viz. on the said 20th day of August, in the Year of the Reign of our said Lord the King, the first as aforesaid, at the Parish aforesaid in the County aforesaid, well knowing one James Burton to be a false Traitor, and as a false Traitor traitorously to have conspired and imagined the Death and utter Destruction of our said Lord the King, and War and Rebellion against our said Lord the King within this Kingdom of England traitorously (with divers other Rebels to the Jury unknown) to have levied and stirred up; he the said John Fernley afterwards, (viz.) on the said 20th day of August, in the Year of the Reign of our said Lord the King now the first aforesaid, at the Parish aforesaid in the County aforesaid, the said James Burton in the Mansion house of him the said John Fernley, situate in the Parish and County aforesaid, knowingly, secretly, wickedly, devilishly, and traiterorsly, did harbour, conceal, comfort, sustain, and keep, and then and there, for the comforting, sustentation, and maintenance of the said James Burton, the said John Fernley Meat and Drink to the said James Burton maliciously and traitorously did give and deliver, and did cause to be given and delivered, against the Duty of his Allegiance, against the Peace of our said Lord the King, his Crown and Dignity, and also against the form of the Statute in the like case made and provided, etc.  Clerk. 
How sayest thou, John Fernley, art thou guilty of the High-Treason whereof thou standest indicted, or not guilty?  Fernley. 
Not guilty.  Clerk. 
Culprit, how wilt thou be tried?  Fernley. 
By God and my Country.  Clerk. 
God send thee a good Deliverance.  
Set William Ring to the Bar. (Which was done.)  
William Ring, Hold up thy hand. (Which he did.)  
Thou standest indicted by the Name of William Ring, of the Parish of St. Clement's Danes in the County of Middlesex, Taylor.  
Middlesex. THE Jurors for our Sovereign Lord the King do present upon their Oaths, That William Ring, late of the Parish of St. Clement's Danes in the County of Middlesex, Taylor, as a false Traitnr against the most Illustrious and excellent Prince James the Second, by the Grace of God of England, Scotland, France, and Ireland, King, and his natural Lord, not having the fear of God in his heart, nor the duty of his Allegiance any ways weighing, but being moved and seduced by the instigation of the Devil, and the true, due, and natural Obedience which true and faithful Subjects of our said Lord the King towards our said Lord the King, should and of right aught to bear, wholly withdrawing; and with his whole strength intending the Peace and common Tranquillity of this Kingdom of England to disquiet, molest, and disturb, and War and Rebellion against our said Lord the King within this his Kingdom of England to incite and stir up, and the Government of our said Lord the King in this his Kingdom of England to subvert, and our said Lord the King from his Title, Honour, and regal Name of his Imperial Crown of this his Kingdom of England to depose and deprive, and our said Lord the King to Death and final Destruction to bring and put: the 20th day of July, in the first Year of the Reign of our Sovereign Lord James the Second, by the Grace of God of England, Scotland, France, and Ireland King, Defender of the Faith, and divers other days and times, as well before as after, at the Parish of St. Clement's Danes in the County of Middlesex, falsely and maliciously, devilishly and traitorously, with divers other Rebels and Traitors to the Jurors unknown, he did conspire, imagine, and intent, our said Lord the King, our supreme and natural Lord, not only from his royal State, Title, Power, and Government of his Kingdom of England to deprive and depose, but also our said Lord the King to kill and put to death, and the ancient Government of this Kingdom of England to change and alter, and wholly to subvert, and a miserable Slaughter among the Subjects of our said Lord the King throughout this whole Kingdom of England to cause and procure, and Insurrection and Rebellion against our said Lord the King to procure, move, and assist: And his said most wicked and devilish Treasons and traitorous Conspiracies, Compassing, Imaginations and Purposes aforesaid to fulfil, effect, and perfect, he the said William Ring, as a false Traitor, then and there, to wit, the said 20th day of July in the said first Year of the Reign of our said Lord the King that now is, aforesaid, at the Parish and County aforesaid, well knowing Joseph Kelloway and Henry Laurence to be false Traitors, and as false Traitors traitorously to have conspired and imagined the Death and final Destruction of our said Lord the King, and War and Rebellion against our said Lord the King within this his Kingdom of England, traitorously, with divers other Traitors to the Jurors unknown, to have levied and raised and stirred up; and he the said William Ring afterwards (to wit) the said 20th day of July, in the first Year of the Reign of our said Sovereign Lord the King aforesaid, at the Parish aforesaid, the said Joseph Kelloway and Henry Laurence, in the dwelling House of him the said William Ring situate in the Parish and County aforesaid, knowingly, secretly, wickedly, divelishly, and traitorously, he did barber, conceal, comfort, sustain, and maintain; and then and there, for the comforting, sustaining, and maintaining of the said Joseph Kelloway and Henry Laurence, he, the said William Ring Meat and Drink to the said Joseph Kelloway and Henry Laurence maliciously and traitorously did give and deliver, and did cause to be given and delivered, against the Duty of his Allegiance, against the Peace of our said Sovereign Lord the King, his Crown and Dignity, and against the form of the Statute in this case made and provided, etc.  
How sayest thou, William Ring, art thou guilty of the high-Treason whereof thou standest indicted, or not guilty?  Ring. 
Not guilty.  Clerk. 
Culprit, how wilt thou be tried?  Ring. 
By God and my Country.  Clerk. 
God send thee a good Deliverance.  
Set Henry Cornish to the Bar.  
Henry Cornish, hold up thy hand.  Mr. Cornish. 
My Lord, I have been confined without any notice given me until Saturday about noon of my Trial. My Lord, I do hope, seeing I appear before your Lordships and this Honourable Bench, who have known something of my former Conversation, that you will be pleased to consider me, and grant me what is customary, and commonly done to Persons in my Circumstances.  Mr. Jones. 
Mr. Cornish, if you please you shall have your time of speaking hereafter, but now you are only to plead without any more ado.  Mr. Cornish. 
My Lord, I beseech you hear me a little; I have been so confined—  Lord Mayor. 
Mr. Cornish, you must observe the Rules of the Court.  Mr. Cornish. 
My Lord, I hope I shall be allowed what is customary in such Cases.  Lord Mayor. 
What is it you would have?  Mr. Cornish. 
My Lord, I do desire, if your Lordship will please to consider me—  Mr. Jones. 
Would you not be arraigned, Mr. Cornish? After you are arraigned and have pleaded; you may speak.  Mr. Cornish. 
Let me tell your Lordship what my case is: Is it reasonable not to have above half a-days time for Preparation for my Trial, and no Counsel allowed me?  Mr. Recorder. 
Nor ought, without leave of the Court, or by His Majesty's special Appointment.  Mr. Cornish. 
I have not had a Friend to come to me but in the Presence of Major Richardson.  Mr. Recorder. 
None have in your Circumstances.  Mr. Cornish. 
My Lord, ought not I to have a Copy of the Panel? it is a thing never denied.  Record. 
It hath been denied very often.  Mr. Cornish. 
My Lord, it is a matter wherein my Life is concerned; and therefore I hope your Lordship will hear me.  Mr. Jones. 
After you are arraigned you may speak, and put off your Trial if you can.  Mr. Cornish. 
My Lord, I cannot go from this before I possess your Lordship with a right Understanding of it; it is beyond Precedent: no such Precedent, that any man should be kept with that Strictness I have been.  Recorder. 
Mr. Cornish, I wonder you will say so: I tell you there is no man accused of your Crime but is so kept.  Mr. Cornish. 
If your Lordship pleases to allow me a little time, I do not question but I can very well satisfy your Lordship, and this honourable Court, that I am a very innocent Person.  Mr. Recorder. 
You will have your proper time for that, but now you must plead, that you may hear the Particulars of your Charge, and have an opportunity to make out your Innocence; for we must keep the same method with you we do with all other Persons in your Circumstance, and therefore you must plead as other Persons do.  Mr. Jones. 
Will you, or will you not, Sir, without any more ado: the Law gives you advantage, you may challenge any body; there are fourscore returned, honest men, and you may challenge who you please.  Mr. Cornish. 
Alas! my Lord, what can I do?  Counsel. 
He disputes out of time; he is to be arraigned.  Recorder. 
Come, Mr. Cornish, you must plead.  Mr. Cornish. 
I did understand last night His Majesty was graciously pleased to refer these matters, as to my Trial, to my Lords the Judges; and, my Lord, I do hope that the Judges, when they hear this matter, that I shall have some time allowed.  Recorder. 
Pray, Mr. Cornish, take the Rule of the Court; your business is now to plead; when you have pleaded, what you have to offer for the putting off your Trial may be heard then.  Clerk. 
Henry Cornish, hold up thy hand.  Mr. Cornish. 
My Lord, I would do nothing that should be a dishonour to your Lordship and the Court.  Sir James Smith. 
You know the way of the Court, Mr. Cornish; you must plead.  Mr. Jones. 
If you will not plead I will move the Court to record your standing mute.  Mr. Cornish. 
I have known that this Court hath heard what the Prisoner hath to say at the Bar; and I have more to say perhaps than any man that ever stood at this Bar.  Recorder. 
Mr. Cornish, when you have pleaded, you have time to speak for yourself.  Clerk. 
Henry Cornish, hold up thy hand. (Which he did.)  
Thou standest indicted by the Name of Henry Cornish.  
THat Henry Cornish, late of the Parish of St. Michael Bassishaw, London, Merchant, as a false Traitor against the most Illustrious Prince Charles the second, late King of England, Scotland, France, and Ireland, Defender of the Faith, than his natural Lord, not having the fear of God in his Heart, nor weighing the Duty of his Allegiance, but moved and seduced by the Instigation of the Devil, and the cordial Love, and true due and natural Obedience, which a true and faithful Subject of our late Sovereign Lord the King towards our late Sovereign Lord the King should and of right aught to bear, altogether withdrawing; and minding, and with all his strength intending, the Peace and common Tranquillity of this Kingdom of England to disquiet, molest, and disturb, and War and Rebellion against our late Sovereign Lord the King, within this Kingdom of England to stir up, move, and procure; and the Government of our said late Sovereign Lord the King of this Kingdom of England to subvert, change, and alter, and our said late Sovereign Lord the King from the Title, Honour, and Kingly Name of the Crown Imperial of this Kingdom of England to depose and deprive; and our said late Sovereign Lord the King to Death and final Destruction to bring and put: the 30th day of May in the 35th Year of the Reign of our said Sovereign Lord the King, and divers other days and times, as well before as after, at the Parish of St. Michael Bassishaw, London, falsely, maliciously, devilishly, and traitorously, with divers false Traitors to the Jurors unknown, did conspire, compass, imagine, and intent, our said late Sovereign Lord the King, his supreme and natural Lord, not only of his Kingly State, Title, Power, and Government of this Kingdom of England to deprive and throw down; but also the said late King to kill and put to Death, and the ancient Government of this his Kingdom of England to change, altar, and altogether subvert, and a miserable Slaughter amongst the Subjects of our late Lord the King through this Kingdom of England to cause and procure, and Insurrection and Rebellion against our said late Lord the King to procure, promote, and assist: And the same most wicked and devilish Treasons and traitorous Compassing, Imaginations, and Purposes aforesaid to fulfil, perfect, and bring to effect, He the said Henry Cornish, as a false Traitor, then and there, to wit, the said 30th. day of May in the Year aforesaid, at the Parish and Ward aforesaid, falsely, maliciously, and traitorously knowing James the late Duke of Monmouth, William Russel, Esq; and Thomas Armstrong, Knight, and divers other Rebels and Traitors, then lately before in the Parish and Ward aforesaid within the said City of London, falsely, unlawfully, devilishly, and traitorously, to have conspired the Death and final Destruction of our said late Sovereign Lord the King; he the said Henry Cornish, as a false Traitor, then and there, to wit, the said 30th day of May in the Year aforesaid, within the Parish and Ward in the said City of London, falsely, unlawfully, wickedly, and traitorously, ●●d promise to the said divers false Traitors and Rebels, then and there present; That he the said ●●●n●y Cornish would be aiding and assisting in the Treason's aforesaid, to be done, perfected, 〈◊〉 brought to effect; against the Duty of his Allegiance, against the Peace, and against the ●●●m of the Statute, etc.  Clerk. 
How sayest thou, Henry Cornish, art thou guilty of this high Treason where of thou standest indicted, or not guilty?  Mr. Cornish. 
This is an heinous Charge.  Counsel. 
Answer. You know you must answer.  Mr. Cornish. 
I am perfectly innocent.  Counsel. 
Are you guilty, or not guilty? You must take the Words.  Mr. Cornish. 
Not guilty.  Clerk. 
Culprit, how wilt thou be tried?  Mr. Cornish. 
By the great God of Heaven, and my Country.  Clerk. 
God send thee a good Deliverance.  L. C. J. Jones. 
I don't know in what state things are here in the Court; I can't tell whether there be a Jury returned or not.  Clerk. 
He is arraigned.  L. C. J. Jones. 
Why don't you go on with the Jury.  Mr. Cornish. 
My Lord, I humbly pray your Lordship. I have some ground for it.—  L. C. J. Jones. 
You shall be heard in good time, Sir.  Mr. Cornish. 
My poor Children last night preferred a Petition to His Majesty, and he was pleased to refer it most graciously to my Lords the Judges; and I now make my Application to Your Lordships.  L. C. J. Jones. 
Have you any Answer to the Petition, from the King?  Mr. Cornish. 
It was referred to your Lordships the Judges, to consider my Case.  L. C. J. Jones. 
We may hear more of your Business anon, when Mr. Attorney and Mr. Solicitor do come: we will stay here till they come, to know whether there be any Order from the King to them concerning you.  Mr. Cornish. 
My Lord, I hope it will not be offensive if I should acquaint your Lordships what Usage I have met with since I have been under Confinement. I have been under very close Confinement, I had no notice of my Try till about Twelve a Clock on Saturday; no Friend came to me till Eight a Clock at night; and I had no time for preparation for my Trial. My Lord, these are hard things; but tho' I am denied Counsel, I trust in God I shall not need Counsel, for I hope, if your Lordship pleases to allow me time, to clear myself of all matters, and I hope with such Satisfaction to your Lordships, that you will acquiesce in whatsoever I shall lay before your Lordships. I do not come to make an Harangue and Talk; my case was such, that I had neither Pen, Ink, nor Paper.  Mr. Just. Withins. 
Mr. Cornish, Mr. Attorney and Mr. Solicitor will come, we must hear them.  L. C. J. Jones. 
You shall be heard in your proper time: it is a strange thing you won't be satisfied: you shall be heard, I tell you, in your proper time.  Mr. North. 
We have arraigned one Fernley, if you please to try him, who (with Ring) was brought to the Bar.  Clerk. 
You the Prisoners at the Bar, those Persons you shall hear called, and appear, are to pass between our Sovereign Lord the King and You, upon your several Lives and Deaths; if you will challenge them, or any of them, your time is to challenge them when they come to the Book to be sworn, before they be sworn.  Cryer. 
O Yes, all manner of Persons are commanded to keep silence upon pain of Imprisonment. 

The Middlesex Jury.  
Nehemiah Arnold  
Francis Stevens  
Richard Fisher  
John Owlet  
John Vigares  
Samuel Birch  
William Thompson  
William Read  
Samuel Peacock  
Richard Fitz-gerrard  
Richard Bromfield  
John Haynes.    Cryer. 
O Yes, If any one can inform my Lords the King's Justices, the King's Sergeant, or the King's Attorney, before this Inquest be taken between our Sovereign Lord the King and John Fernley and William Ring, the Prisoners at the Bar, let them come forth and they shall be heard; for now the Prisoners stand at the Bar upon their Deliverance: and all Persons that are bound by Recognizance to give Evidence against either of the Prisoners at the Bar, let them come forth and give their Evidence, or else they forfeit their Recognizance: and all Jurymen of Middlesex that have appeared and are not sworn, let them departed.  Clerk. 
Set William Ring to the Bar, and set by the other.  
William Ring, hold up thy hand. You that are sworn look upon the Prisoner and hearken to his Charge, he stands indicted by the name of William Ring, etc. (prout antè.) Your Charge is, to inquire whether he be guilty of the Treason whereof he stands indicted, or not guilty, etc.  Mr. Phipps. 
You the Gentlemen that are sworn, the Prisoner at the Bar is indicted for that knowing one Joseph Kelloway and one Henry Laurence to be false Traitors, and to have levied War against the King, on the 20th. of July did harbour, conceal, and relieve those Traitors, against the Duty, etc. Upon this he hath pleaded, not guilty, etc.  Mr. Att. Gen. 
Gentlemen of the Jury, the course of our Evidence will be thus; Kelloway and Laurence were in the late Rebellion in the West, in the late D. of Monmouth's Army; and after that Battle when they were overthrown, they came up to London, and the Prisoner at the Bar received and comforted them, and not only provided a Lodging, and Meat and Drink for them, but afterwards provides another Lodging for them; and this he knew, for they were very merry, telling the whole Story of the Fight; and notwithstanding this he entertains them. We will first show you the Record of the Conviction of Kelloway and Laurence, and then call Witnesses to prove the other things upon the Prisoner. (The Record produced) Mr. Harcourt sworn.  L. C. J. Jones. 
Is that a true Copy of the Record? Mr. Harcourt answered Yes: whereupon the Clerk reads:  
Joseph Kelloway stands indicted by the Name of Joseph Kelloway of Taunton in the County of Somerset, Yeoman, and Henry Laurence of the same Parish and County Yeoman, with a great many others.  L. C. J. Jones. 
See what they have done.  Clerk. 
They are indicted of Treason for levying War against the King, and they have confessed the Indictment upon their Arraignment; and the Judgement upon the Indictment is, That the said Kelloway, and the rest of them there, should he led to the Prison from whence they came, and from thence to be drawn to the place of Execution, and upon the Gallows there to be hanged, every one of them in the said Indictment, and living to be cut down, and their Entrails to be taken out of their Bodies, their Heads to be taken off from their Bodies, and their Bodies divided into four Quarters.  Mr. Att. Gen. 
This shows they were Traitors. Now we will show you, that in the mean time between their Treason and Conviction, this Prisoner did receive them. Call Mr. Barrington. (Who was sworn.)  Mr. Jones. 
Mr. Barrington, what do you know concerning Mr Ring?  Mr. Barrington. 
If it please you my Lord, on the 12th of July last I was abroad about my Master's Business, and in the mean time when I was absent, as I was informed, there came Mr. Ring, who lives in Witch-street at the Sign of the Bible, and when I returned I was told that Mr. Ring was at our House to speak with me, and that there was one Mr. Laurence there at Mr. Ring's at the Bible in Witch-street; and when I came there, there was Mr. Laurence at Mr. Ring's House; and when I came to the House on the right hand there was his Wife, as I take it; I asked for Mr. Laurence, and she was a little at a stand: said I, I understand Mr. Ring was in such a place to inform me Mr. Laurence desired to speak with me, upon that she shown me where he was: I went up to him, and he was lying upon the Bed very weary and tired; and when I had been there a while there came in one Kelloway, and they said they came both out of the West Country, and came on Friday night, and I saw them on Saturday. If it please your Lordship, I called there after and knocked at Mr. Ring Door, and there came a Woman and made Answer, That they were gone from thence both of them, and that they were to go on Shipboard to see some Friends; and I called there upon Wednesday the 15th day at night, to see Mr. Laurence at Mr. Ring's House, and Mr Laurence told me he was going from thence to the Pewter-Platter in Saint Johns'; and when Mr. common Sergeant came to examine me about these men, I made a true Confession that they were at Mr. Ring's, and removed to the Pewter-Platter; and when we came to search at the Pewter-Platter, at fi●st they did not know any such men, till we described them; then they confessed there were such men there on Tuesday and Wednesday night, but not the night before which was Thursday night, from thence we went without Temple bar to Mr. Ring's, where they were at first, and Mr. Crisp and I went together to inquire for these men, and there was a Woman, which I think is Mr. Ring's Wife, I can't tell, I enquired for these men, and she made Answer, That they were not there at present, and said she could not tell at present, but that they lay there the last night, which was Thursday night; that was Ring's Wife, I take it, should say they were there the night before; so afterwards that she had owned they lay there on Thursday night, she asked me what this Gentleman was, so I told her he was a Friend of mine; so afterwards we were at the Castle Tavern without Temple-bar by St. Clement's Church, and Mr. Common Sergeant was pleased to send for Mr. Ring, to examine him about these men, what Lodgers he had in his House on Friday night, Saturday night, Sunday night, and Monday night. Mr. Ring knew nothing of any men that came out of the Country; so upon that, he denying it, Mr. Common Sergeant ordered his House to be searched, and in searching they found a Paper upon the Chamber Window that was brought to the Castle Tavern, where Mr. Ring was, and the Paper was produced, and Mr. Ring would confess nothing till such time as they found that Paper.  L. C. J. Jones. 
See, is that the Paper you speak of?  Mr. Barrington. 
Yes, this is the Paper.  L. C. J. Jones. 
Now go on.  Mr. Barrington. 
That is all I have to say, if it please your Lordship.  L. C. J. Jones. 
Did you see them in the Company of Ring?  Mr. Barrington. 
I did not see him when I was at the House.  Mr. Sol. Gen. 
You say Mr. Ring would confess nothing till such time as this Paper was found; What did he say after the Paper was found?  Mr. Jones. 
Ring was by, what did he say upon producing that Paper?  L. C. J. Jones. 
Was the Paper shown to him?  Mr. Barrington. 
I think not; he would have seen it.  Mr. Just. Withins. 
You said he would confess nothing till that Paper was produced.  Mr. Barrington. 
Truly, I can say no more of it.  Mr. Jones. 
When the Paper was produced at the Castle Tavern, what did he say then?  Mr. Just. Withins, 
What did Ring say at the Castle Tavern?  Mr. Barrington. 
I can't remember, but that he denied every thing.  Clerk. 
Cal● Mr. Barrow. (Who was sworn.)  Mr. Barrow. 
Sir, I heard Ring confess to my Lord Mayor in July last, that he lodged Laurence and Kelloway, and that Laurence and Kelloway did tell him, that they had been both in the late Western Rebellion in Monmouth's Army; and that after that he had lodged them two or three Nights, this I heard him confess.  Counsel. 
Pray speak it again.  Mr. Barrow. 
That Laurence and Kelloway had told Mr. Ring, they had been in the late Western Rebellion in Monmouth's Army, and that he had lodged them two or three nights in his own House.  Mr. Common Sergeant. 
What did you hear him say concerning Mr. Herle.  Mr. Barrow. 
There was some talk concerning Mr. Herle or Herle.  L. C. J. Jones. 
Did he say he lodged them, after they had told him that?  Mr. Barrow. 
After that. That is all I can say.  Clerk. 
Call Mr. Crisp. (Who was sworn.)  Counsel. 
Give my Lord and the Jury an Account of what you know concerning Mr. Ring.  Mr. Crisp. 
I went to search Mr. Ring's House, my Lord, and in the Window there was that Letter under Mr. Lawrence's own hand, sealed up and directed to Newberry for a Horse which he had stole f●om his Master, and left at Newberry; which Letter I brought to the Tavern, and when we came to the Tavern we examined him, and he denied every thing; but at last we came to the Tavern we examined him, and he denied every thing; but at last we shown him the Letter, and he owned he had such a Cousin, and another that he did not know, but that he did not lodge there then: and when he came to the Sessions-House Laurence and Kelloway were produced before him, and were examined what Account they had given to him when they came to his House; they told him after the Duke of Monmouth was beaten they ran away to London, and Kelloway being his Cousin brought Laurence with him; they told him the Duke was beaten, and lay there Friday night, Saturday night, Sunday night, and Monday night.  Mr. Jones. 
He owned he knew Kelloway?  Mr. Crisp. 
Yes.  L. C. J. 
And that Kelloway had been in the Duke's Army, and that he was beaten?  M●. Crisp. 
Yes.  L. C. J. Jones. 
What did Ring say upon it?  Mr. Crisp. 
Ring said nothing there to it; he confessed he lodged them 2 or 3 nights.  Counsel. 
Swear Mr. Hardisty. (Which was done.)  Mr. Att. Gen. 
Mr. Hardisty, pray will you give my Lord and the Jury an account of his Examination?  Mr. Hardisty. 
I was directed to attend my Lord Mayor at the Examination of Mr. Ring, the Prisoner at the Bar, above here in the Room, and did accordingly: and upon Examination, my Lord, he did make this Confession. This is the Examination, and it is as he gave it in himself, and signed by himself.  L. C. J. Jones. 
And read to him?  Mr. Hardisty. 
Yes, half-a-dozen times, I believe.  Mr. Comm. Serj. 
My Lord, upon the appearing of Laurence and Kelloway before him, than he confessed all.  
The Examination of William Ring of the Parish of St. Clement Danes in the County of Middlesex, Taylor, taken before the Right Honourable Sir James Smith, Kt. Lord Mayor of the City of London, this 18. day of July, 1685. who, being examined, saith as followeth:  
THat Joseph Kelloway, and one Henry Laurence, the said Kelloway's Acquaintance, came to this Examinant's House on Friday or Saturday last; That this Examinant did ask of Kelloway (being this Examinant's Kinsman) what did drive them to Town? That they told this Examinant, that they went to Monmouth, that he was routed, and that brought them to Town, or to that purpose; That they were in Monmouth's Army: That the night they came, he this Examinant told them, he was unwilling to lodge them; That he this Examinant did lodge them after this Discourse, Saturday, Sunday, and Monday nights, and they dined twice with this Examinant; That they were at his House on Friday morning; but where they lay on Wednesday and Thursday, saith, he knows not. Saith, that Laurence sent this Examinant to a Glover in St. bartholomew's Close who was a Journeyman in the House, as this Examinant supposeth, and told the Master of the House, that there was a Kinsman of his Journey-man's would speak with his Journeyman. Saith, Kelloway and his Acquaintance told this Examinant, that they left their Horses at Newberry. That a Note being produced, directed to this Examinant, to deliver several Goods therein mentioned; and being examined upon the said Note, this Examinant saith, That he this Examinant was sent for to the Castle Tavern near Shoe-lane in Fleetstreet, and one Bond brought this Examinant the Note , and now produced to him; believes the Note to be the hand-writing of James Hooper. That this Examinant was there to inquire of one Hearne, but expected to meet James Hooper, who formerly told this Examinant that he went by the Name of Hearne. That being in Discourse with James Hooper about the time of the late Duke of Monmouth's Landing, James Hooper told this Examinant, that his the said Hooper's Brother was with the Duke of Monmouth, and that he the said James Hooper would go to him the said Duke, or to that purpose. Further, this Examinant saith, That about a Fortnight ago he carried, according to a Note from Hooper to that purpose, to a Joiner's House in Ivy-lane, London, a Cravat and a pair of Cuffs, and then enquired for Hooper of a Woman of the said house; and saith, that then he this Examinant did speak with James Hooper who lay private there, because, as this Examinant believes, the said Hooper was concerned in the Rebellion. Saith, he hath not seen him the said Hooper this Fortnight, nor heard from him otherwise than by the Note now produced.  
Will. Ring.  
Taken before me Sir James Smith, Lord Mayor.  Mr. Att. Gen. 
Call Mr. Richardson, to prove that these were the same men that were carried down. (Who was sworn.) Mr. Richardson, Pray give an account, whether these were the men you carried down into the West.  Mr. Richardson. 
My Lord; those two Persons, that is, Joseph Kelloway and Henry Laurence, that were committed for being in the late Rebellion: I carried them both down into the West, where they were both Convicted; one is executed, and the other hath a Reprieve.  Mr. Just. Withins. 
Henry Laurence was Capt. Hunt's man.  Mr. Richardson. 
The same, he ran away with his Horse and Arms.  L. C. J. Jones. 
Can you tell these were the same men, that were present at his Examination?  Mr. Richardson. 
The very same men; they were committed at the same time; he was examined before them, for they were all committed at the same time together.  L. C. J. Jones, 
What do you say, Sir, you the Prisoner at the Bar, what do you say for yourself?  Mr. Ring. 
I did not understand, what they were.  L. C. J. 
You knew the Prisoners, one of them was your Kinsman?  Mr. Ring. 
I did know him, but the other I did not know; I did not know, what Design they had been upon.  L. C. J. Jones. 
Your own Examination says, you did.  Mr. Ring. 
Then my Examination is wrong.  L. C. J. Jones. 
Hear, hear again: You did receive them, and then they told you that they were in Monmouth's Army, and that Monmouth was beaten; and afterwards you continued to harbour them in your House three nights.  Mr. Just. Withins. 
And dined twice with them.  Mr. Ring. 
My Lord, I never heard of it.  L. C. Baron. 
That Gentleman heard you say, they had told you they had been in Monmouth's Army, and you lodged them after.  Mr. Crisp. 
Yes, my Lord; and when we were there, the Woman would not own them.  L. C. J. Jones. 
Why did you hid them in your House, and not confess it?  Mr. Ring. 
At first I did deny it.  Counsel. 
Yes, and did deny it, till Laurence and t'other man were brought before you.  Mr. Ring. 
My Lord, what I did was ignorantly done.  L. C. J. Jones. 
Did you hear your Examination now read?  Mr. Ring. 
I heard most of it, I believe.  L. C. J. Jones. 
Pray let it be read again.  Counsel. 
It was read over and over 4 or 5 times.  Mr. Hardisty. 
He was upon it, I believe, an hour together: it was taken first in parts, and as he recollected himself it was compared, and afterwards my Lord Mayor desired him to consider with himself: and then the Examination was written fair over, and he signed it, and it was read several times, 6 or 7 times.  Mr. Ring. 
My Lord, I do acknowledge I did lodge them, but I did not understand what Design they had been upon.  L. C. J. Jones. 
But you see here you have acknowledged, they said they were in the Army, and you did lodge them afterwards; they were of Monmouth's Party, they had told you so Read that part again.  Mr. Hardisty. 
Joseph Kelloway, and one Laurence the said Kelloway's Acquaintance, came to this Examinant's House on Friday or Saturday last; that this Examinant did ask Kelloway, being this Examinant's Kinsman, What did drive them to Town? that they told this Examinant, that they went to Monmouth, that he was routed, and that that brought them to Town.  Mr. Ring. 
I never said that Word.  Mr. Just. Withins. 
It is under your Hand.  Mr. Ring. 
If it be under my hand, I never said it.  Mr. Sol. Gen. 
Was that part read to him?  Mr. Hardisty. 
Yes.  L. C. J. Jones. 
Read on.  Mr. Hardisty. 
That they were in Monmouth's Army; that the Night they came, this Examinant told them, he was unwilling to lodge them, and that this Examinant did lodge them after this Discovery, Saturday, Sunday, and Monday night, and they dined twice at this Examinant's House.  L. C. J. Jones. 
What do you say now to this? Can there be any thing more plain?  Mr. Ring. 
I do acknowledge, my Lord, I did lodge them, but I was not sensible what the issue of this Business would be.  L. C. J. Jones. 
You did not know, That to harbour known Traitors was high Treason.  Mr. Ring. 
My Lord, I don't know whether they came from Monmouth or no.  L. C. J. Jones. 
It is no great matter whether you do or no; they told you so.  Mr. Ring. 
I never heard such a Word from them.  L. C. J. Jones. 
How came it to be put in your Examination?  Mr. Ring. 
I don't know, my Lord, when it was taken I was in a maze. I think the Parish knew well enough, that I never kept any such Company, nor had any such Design.  Mr. Just. Withins. 
He confesses it overnight, causes it to be writ down next day, and sets his hand to it too: nothing can be more plain.  L. C. J. 
That is a great Argument you were not in such surprise, that you had not the use of your Understanding; for you confessed the same thing over night, and you had time to consider of it all night, and you came the next morning and then confessed as now it is written, and put your hand to it.  Mr. Ring. 
I was ordered to put my Hand to it.  L. C. J. Jones. 
That is, if you acknowledged it to be true.  Mr. Ring. 
I did not know what was put down.  Mr. Just. Levins. 
The matter is so plain, that nothing can be more. When they came to you, they informed you where they had been, and afterwards you were unwilling to lodge them; you knew therefore they had been in the Rebel's Army, and so the matter is plain: and for aught I can hear, this is not the first time you have harboured such men.  L. C. J. Jones. 
There is another thing touching one Hurl; but you are not charged with it in the Indictment, and so we don't trouble the Jury with any Evidence concerning that: Have you any more to say?  Mr. Ring. 
I do acknowledge, my Lord, that I lodged them; but I did not understand any thing else.  L. C. J. Jones. 
Why did not you confess it?  Mr. Ring. 
I did not confess it.  Mr. Just. Withins. 
And you shifted Lodging for them, after they were known, to you.  Mr. Ring, 
I did not.  L. C. J. Jones. 
Gentlemen of the Jury, the Prisoner stands Indicted of high Treason for receiving Joseph Kelloway and Henry Laurence, who were Traitors, and known to him to be Traitors, and harbouring them in his House, and giving them Entertainment and Comfort: this, Gentlemen, is clearly High-Treason by Law; and tho' this man himself were not in actual Rebellion, yet, if he do receive any that he knows to have been so, he is equally guilty; he is a principal Traitor by the Judgement of the Law; and however he would now pretend his Ignorance, that he did not know that they were in the Army, or, if he did know they were in the Army, that he had incurred so great a danger as the forfeiture of his Life, which now he stands as well as he can to defend; yet it does appear plainly to you, not only by his own Confession taken upon his Examination, but likewise by the Testimony of the Witnesses, who were present at the time when he did confess that these men had discoursed with him, and acknowledged that they were in Monmouth's Army, and that he was routed, and that yet he did entertain and receive them: The first Witness indeed does not say the very thing, but it is very much inducing to the Evidence that is given more express by the other Witness, for he says, that he was at his House, and he enquired for them there, though he did not see him at all, but his People; and they not only did confess that they had lodged there, but that there was a Lodging provided for them elsewhere: but however, if that were quite laid aside, and not taken at all into consideration, yet what is testified by the other Witnesses, and upon his own Examination, makes it as clear and plain as can be, that he did receive these Persons into his house, and comfort them, and entertain them, knowing them to have been guilty of High-Treason, that is, to have been in the Army of Monmouth, of that Party, and that they came to London, and went away from the West because he was beaten; and there is an Expression in the Examination to that purpose: so that I take the Indictment to be very fully and clearly proved upon him; and it is not his Ignorance of the Law that will excuse him, that is, his ignorance of the Danger that he hath incurred by entertaining these People; although you cannot but take notice, that he was in some dread had fear that it was an offence to do so; for at fi●st he says by his Examination, that he did refuse to entertain them, which shows that he had some consideration of the danger that he might incur by receiving them: and yet after this plain Discourse of theirs, that they were in the Army, he entertains them: That they were the same men that were in the Army, appears plainly; for though at first he did deny it, and did stand in it, before he was confronted by the men, they being present; yet afterwards he did confess, that they were the men that were entertained by him; and that they were the same men, doth appear by the Testimony of Capt. Richardson, who saw them, and afterwards caused them to be b●ought down to the West, where one of them was executed for Treason. So I must leave it to you, gentlemans. I think it in a very plain case.  M●. Ring. 
Here is abundance of these things that I know nothing of.  Counsel 
Set John Fernley to the Bar. (Which was done.)  Clerk. 
John Fernley hold up thy hand. You that are sworn, look upon the Prisoner, and harken to his Charge; He stands indicted by the Name of John Fernley, etc. (prout ante▪)  Mr. Phip. 
This is an Indictment of High-Treason against John Fernley, the Prisoner at the Blin● it sets forth; 〈◊〉 the said John Fernley, knowing one James Burton to be a Traitor, and to have conspired against the Life of the King; did traitorously conceal she said Burten two days and two nights, and gave him Meat and Drink, against the Du●y, etc.  Mr. Sol Gen. 
May it please your Lordship, and you Gentlemen of the Jury, this Prisoner stands indicted of Treason for receiving and harbouring one James Burton who was guilty of Treason, he knowing him to have been guilty of Treason. And the course of our Evidence will be this: We will prove that this James Burton stood our lawed for Treason before he committed a new Treason, when he went into the West, and was there with Monmouth in the late Rebellion; and tho, Gentlemen, the very Outlawry against the said Burton is enough to satisfy any man, that this man could not be ignor and that he was a Traitor, for no man can imagine, when a man stands out a Process till he become outlawed for High-Treason, that any should be ignorant that he is guilty of Treason, and that it would be very dangerous to receive a man after that, without any more evidence: But this Burton, after he was outlawed and fled, came again, and was in Arms with Monmouth in the Rebellion; and after their Defeat he came up to Town: and Fernley knowing he had been then in the West with Monmouth, he received him, and harboured him; and this we will prove by Witnesses. First, we will show the Record of the Outlawry.  Clerk. 
— An Indictment preferred against James Burton and divers others for High-Treason, for which the said Burton and divers others stand outlawed, by the Return of Samuel Dashwood, Esq; and Sir Peter Daniel, Sheriffs. This is the Record itself, my Lord.  Counsel. 
Swear Mr. Ward. (Which was done.)  Mr. Just. Withins. 
Look upon it, Mr. Ward, is that the Record?  Mr. Ward. 
Yes, it is, my Lord.  Mr. Just. Withins. 
Pray, see when the Outlawry was.  Mr. Hardisty. 
Upon Monday next after the Feast of St. Martin, Bishop, the said Richard Rumbold, Richard Goodenough, Francis Goodenough, here are the Names of a great many men.  Mr. Just. Withins. 
Is James Burton among them?  Mr. Hardisty. 
On Monday next after the Feast of St. Michael, the said Richard Rumbold, James Burton, Richard Nelthorp, are outlawed, and every one of them is outlawed.— It is November was Twelvemonth. Call James Burton. (Who was sworn.)  Mr. North. 
James Burton, stand up there: Do you give my Lord and the Jury an account concerning your being in the West, and your being entertained here at Mr. Fernley's House, with all the Circumstances.  Mr. Burton. 
I came out of the West into London on Wednesday night from Monmouth's Army.  L. C. J. Jones. 
What Wednesday night?  Mr. Burton. 
Truly, I have forgot the day of the month, but it was about; Weeks after the Rout, and I came home to my Wife and stayed two Nights; and she was not satisfied I should be there, and went to endeavour to get a Lodging for me for 2 or 3 nights, and she went to get leave at Mr Fernley's for me to be there 2 or 3 nights; and I went thither on Friday night, and on Sabbath-day in the Evening I was taken there.  Mr. Sol. Gen. 
Speak aloud, say that again.  Mr. Burton. 
On Wednesday night I came out of the Country, after I had been in the Army, I came home to my Wife and stayed till Friday night, and on Friday night she got me a Lodging at Mr. Fernleys'; there I went about 10 a clock at night, and stayed there till Sunday night, and I was taken,  Mr. Just. Withins. 
Did you see Mr. Fernley?  Mr. Burton. 
I see him at Dinner on Sunday, and not before.  L. C. J. Jones. 
What Acquaintance had you before? He does not keep a Public House, does he?  Mr. Burton. 
I had been gone two Years, or very nigh.  L. C. J. Jones. 
What was the occasion of your going?  Mr. Burton. 
My Wife was acquainted there.  L. C. J. Jones. 
What was the occasion of your going away, and your Absence for two Years?  Mr. Burton. 
The occasion of my going then, was, I was in the Proclamation for being with Rumbold at the Mitre Tavern within Aldgate.  Mr. Just. 
Levins, Fernley knew you before, did not he?  Mr. Burton, 
He knew me by sight.  Mr. Just. 
Levins, Had You any Acquaintance with him?  Mr. Burton. 
I lived pretty near to him for a while.  Mr. Just. 
Leu. How near?  Mr. Burton. 
I lived within 2 or 3 doors of him.  Mr. Just. 
Levins. Did he know you?  Mr. Burton. 
Yes, Yes, he did know me.  Mr. Just. Levins. 
You came to lodge at his house on Friday night?  Mr. Burton. 
Yes, an't please you.  Mr. Just. Levins. 
Had you no Discourse till Sunday you dined together?  Mr. Burton, 
No, not till Sunday at Dinner.  Mr. Just. Withins, 
Tell your Discourse at Dinner.  Mr. Burton, 
My Lord, I have forgot what altogether the Discourse was; I had some Discourse of the Army; he knew I was in the Army.  L. C. J. Jones. 
I would have you speak the sense, so far as you remember, of the Discourse at that time with him.  Mr. Burton, 
The Sense, as far as I remember, was, That the Army was routed.  L. C. J. Jones, 
And that you were there.  Mr. Burton, 
He knew I was there.  L. C. J. Jones. 
How came he to know you were there?  Mr. Burton. 
I believe I told him so myself.  Mr. Just. 
— Upon your Oath, did he know you fled upon the Account of the Proclamation before?  Mr. Burton, 
It is like he might know it by others, but not by me,  L. C. J. Jones, 
When were you taken? what day?  Mr. Burton, 
I was taken on Sunday in the Evening: I had been four days in London; two days at home, and two days at his house.  L. C. J. Jones, 
Did you not see him before Sunday at dinner?  Mr. Burton, 
My Lord, he was in the Shop all Saturday; he is a Barber.  Mr. Just. Withins, 
You lay privately at his House all Saturday?  Mr. Burtons', 
Yes, my Lord, privately.  Counsel, 
Call Mary Burton. (Who was sworn)  Mr. North, 
How came this man to lodge at Mr, Fernley's House, can you give an Account? and why it was?  Mrs. Burton. 
Because I thought he was not safe at home; and having Acquaintance with Mrs. Fernley, lodging pretty near, and she being a young Woman, and having Children; I had Acquaintance going to and fro: and we having a close House and no Yard, I had the Privilege of going to dry Linen there, so that we had Acquaintance and a little Familiarity; and, being acquainted, I thought I might have Entertainment there; that is all I can say.  L. C. J. Jones, 
Were you at Dinner upon Sunday?  Mrs. Burton, 
Yes, I was at Dinner.  L. C. J. Jones, 
What Discourse had they at Dinner?  Mrs. Burton, 
Indeed I can't say they had any Discourse, I was very ill and laid me down upon the Bed, and fell asleep.  L. C. J. Jones, 
You are upon your Oath.  Mrs. Burton, 
I know I am, Sir.  L. C. J. Jones, 
What Discourse was at Dinner?  Mrs. Burton, 
Whilst I was eating, I did not mind.  Mr. Just. Levins. 
You lived close by, Why did you ask for a Lodging there?  Mrs. Burton, 
We do not live close by, now; I live with my Daughter, I have no House now.  Mr. Just. Levins. 
She knew he was Your Husband, why should you lodge your Husband at another house than where you lodged yourself?  Mrs. Burton, 
What was it you said, my Lord?  Mr. Just. Levins. 
Sure you would give the Woman some account, why you lodged your Husband at another House than where you lodged yourself?  Mrs. Burton. 
She was not altogether a Stranger, and upon the Account of the Proclamation there were none of them Strangers.  L. C. J. Jones, 
For whom did you ask a Lodging?  Mrs. Burton. 
For my Husband.  Mr. North. 
Did you speak with Mr. Fernley himself?  Mrs. Burton. 
I did not speak with Mr. Fernley himself.  Mr. North. 
On Sunday you saw him at Dinner?  Mrs. Burton. 
Yes, I saw him at Dinner.  Mr. Just. Levins. 
Had you any discourse with them about the Proclamation?  Mr. Att. Gen. 
About your Husbands going away upon that Proclamation?  Mrs. Burton. 
An't please you, my Lord, my distress was so great, that I was hardly in my Senses to discourse with any body; but, I thank God, I am now in my Senses between while.  Mr. Att. Gen. 
Had you any Discourse with your Neighbours about that Proclamation, your Husband went away upon?  Mrs. Burton, 
I had not indeed. (Then Mr. Reynolds was sworn.)  Mr. North, 
Mr. Reynolds, What do you know concerning Mr. Burton's being lodged at Mr. Fernley's House?  Mr. Reynolds, 
Towards the beginning of August last, hearing that there were several that were in the West lurked about Wapping, I took the Lieutenant of the Towers Warrant, and we had some intimation, that a suspected Person lay at Mr. Fernley's House; I went on Sunday about eight a Clock at Night, and took Mr. Burton in Mr. Fernley's House.  Mr. Just. Withins, 
You took him there, did you?  Mr. Reynolds. 
I took him there, my Lord.  Mr. Att. Gen. 
Did you speak with Fernley before you took Burton?  Mr. Reynolds, 
I took Burton; and Mr. Fernley being Master of the House, I wished the Constable to secure him for Harbouring him.  Mr. Att. Gen. 
What did Fernley say?  Mr. Reynolds, 
Says I, Mr. Fernley, how come you to Harbour Mr. Burton that is in the King's Proclamation; he is a Traitor you know; says he, I did not know it was Mr. Burton, but my Wife desired me to lie out of the Chamber where I lay before, that a friend of hers might lie there for two or three days.  Mr. Att. Gen. 
Where did you find him?  Mr. Reynolds, 
He was in a Room up one pair of Stairs, up the Chimney, and while we were there he fell down the Chimney, with all the Soot about him: Mr. Fernley was then one pair of Stairs higher; I desired the Constable to go up to see for him.  Mr. Att. Gen. 
Had you no discourse with him about the business of being in the Army? with Fernley, I mean.  Mr. Reynolds, 
No my Lord.  L. C. J. 
Did you hear no discourse between Burton and him?  Mr. Reynolds, 
No, my Lord.  Mr. Just. Withins. 
He was very friendly to lie out of his own Chamber for him.  Mr. Reynolds, 
They were put in two separate Chambers, by the King's direction till they were sent to Newgate.  Mr. Att. Gen. 
Did he tell you on Sunday Night that he did not know it was Burton?  Mr. Reynolds. 
To the best of my remembrance, he did so, when I brought him to the Tower,  Mr. Att. Gen. 
And yet he dined with him on Sunday.  Mr. Reynolds, 
I looked upon it as an excuse.  Mr. North. 
What day was Burton taken?  Mr. Reynolds, 
It was Sunday.  Mr. North, 
What time on Sunday?  Mr. Reynolds, 
Sunday about 8 a Clock at Night he had been in Bed, my Lord, I believe, and before we could get open the door I believe he got out of Bed and went to get up the Chimney.  Mr. Sol. Gen. 
Gentlemen you observe in the course of the Evidence, that the first Evidence we produce is James Burton; now James Burton stood outlawed for Treason and as he stands outlawed he is not a Competent Witness, but now to take off that Objection which the Prisoner ought to make, but we make it for him, we show you here a Pardon whereby that Outlawry is discharged, so that he stands now a very legal Witness.  Mr. Just. Withings, 
You understand, Gentlemen, what Mr. Solicitor mentions. (The Pardon produced) and Read.  L. C. J. Jones, 
What say you?  Mr. Fernley, 
My Lord, I am charged for entertaining Burton, my Lord, I known nothing of him when he came into my House till Sabbath day at dinner. I asked my Wife what time Burton came in, she told me he came on Friday Night, Saturday was a busy day with me, my Lord, on Sunday Morning I got up and went to Church, when I came from Church, I went up to Dinner and when I came in and saw him, I asked him, what in the name of God brought him there, it hath pleased God, said he, to preserve me hitherto, and my Wife interceded so far as to procure me a Night's Lodging, which I hope may be no detriment to you, I wish it may not, said I, and at dinner I asked him, how he made his escape, and he told me how he did escape, says I, what do you mean to do? says he, some friends will procure me a passage beyond Sea, upon this I considered with myself, and discoursed with him about the West and his Escape out of it, & about half an hour after we had dined one knocked at the door.  Mr. Just. Levins, 
What day was this?  Mr. Fernley, 
Sabbath-day at noon, some body knocked at the door, and they told me ●here was one would speak with me, and I came down, and there was one Gaunt in the Shop: says he, is Mr. Burton within? may I speak with him? Yes, said I: up I went, and Gaunt with me; and when we came into the Room they embraced on▪ another, and were very glad to see one another, and Burton gave Mr. Gaunt Thanks for a Guinea he had sent him; says Gaunt, Mr. Burton I am glad to see you, I hope in a little time I shall have a Passage for you beyond Sea; says he, if you had been here a while sooner you might have gone; there are some Gentlemen went away a while ago; says I to Mr. Gaunt, Who were they? he told me it was Major 〈◊〉 and his Son, and another: says I to Mr. Gaunt, Do you hear of Ferguson? no, says he, I hear nothing of him as yet, but in a little time I may hear from him; and Burton asked, when he thought he might be going; in a day or two's time, said he says Burton, I have no money nor no ; says he, take no care for that, so he named some Gentlemen that were to go: He told him of Colonel Danvers and Major Wildman. Upon this Discourse, within myself I did consider what way I might do his Majesty a piece of Service: I thought it better to forbear, and not to seize him presently, till I had acquainted some Magistrate; and I did think in the morning to have gone to a Justice of Peace and have had him apprehended: Burton, my Lord, I knew was secure, for he could not escape my hands. I had no design of concealing him; I have several eminent Gentlemen to testify for my Loyalty: I thank God, I never had an ill Though against His Majesty in my Life, only this misfortune hath befallen me upon the account of my Wife. I am as innocent as a Child unborn, as to any thing against the King.  L. C. J. Jones, 
But he plainly told you, he came from the Army.  Mr. Fernley, 
He did acquaint me, my Lord, he did so; as soon as I saw him, I was startled; I did look upon it as a thing sent from God Almighty; for I knew, my Lord, that there was 100 l. for him, I knew there was a Proclamation out against him; but as for the Outlawry, I knew nothing of that: a Proclamation I knew there was against him, and being a poor man, there was no Obligation upon me to conceal him and ruin myself and my Family.  L. C. J. Jones, 
What was the reason, You were so kind as to part with Your own Lodging to entertain him?  Mr. Fernly, 
My Lord, I had fitted my Chamber before he came to the House.  Mr. Just. Withins, 
It is proved, you did it upon his Account.  Mr. Fernley, 
My Lord, no body will offer to say that.  L. C. J. Jones. 
That You quitted Your Lodging, and that he came into the same Lodging, is clearly proved.  Mr. Fernley, 
My Lord, my Chamber was fitted above a Week before he came, not knowing of him, for I had no Thoughts of him.  L. C. J. Jones. 
Pray, what Servants have you?  Mr. Fernley, 
Only a Boy, my Lord.  L. C. J. Jones. 
Can not you have sent out your Boy when he had discoursed thus treasonably with you, but keep him in your House 7 or 8 hours after you had entertained him at Dinner?  Counsel. 
Are you a Constable?  Mr. Fernley. 
I am a Constable myself, and upon the Account of my Office I was the more secure. I was certain he could not escape my Hands, and I thought to do his Majesty more Service.  L. C. J. Jones. 
How could you do His Majesty more Service?  Mr. Fernley. 
Gaunt told him, he would come again to him.  L. C. J. Jones. 
When did he come to you?  Mr. Fern. 
About half an hour after dinner.  L. C. J. Jones. 
But you should have seized him immediately after Dinner, How came this man to take so much freedom before you that were an Officer, as to talk High-Treason.  Mr. Fernley. 
My Lord, I thank God if I were to die this minute, I never harboured a Thought against the King.  L. C. Baron. 
If you had had a loyal Heart, you should have kept Gaunt, if you had any thoughts to have done it.  Mr. Fernley. 
My Lord, I will tell you why I let Gaunt go, because he promised to come again the next day.  L. C. J. Jones. 
Would you, being a Constable, let a man go upon his Word, that had confessed himself guilty of Treason?  Mr. Fernley. 
My Lord, if I did any thing it was ignorantly. My Lord, as for Gaunt, when I knew there was a Proclamation out against Danvers and Wildman, I hearing Gaunt discoursing about their design, I thought (promising to come the next day) to know how they were to go.  Mr. Just. Levins. 
For God's sake, would you trust all this to your own breast! If you had had an honest intention, you would have gone to some Officers, and acquainted them with it; some of the King's Justices of the Peace, or some of the Privy-Council, that such persons would be at your house the next day.  L. Ch. Baron. 
By your own discourse, after you had heard all this discourse, and after Burton had told you this, you could let him go quietly to his own Chamber: If you had such a design as you say, you should have first seized Burton.  Mr. Fernley. 
Another Chamber; no, he dined in his Chamber, my Lord?  Mr. Just. Withins. 
You went into another Chamber from him. Have you any Witnesses?  Mr. Just. Levins. 
They had a confidence in you, otherwise Burton and Gaunt would not have talked so freely before you.  L. C. J. Jones. 
There was a great confidence in lodging him in your house, being a Constable: no body would search a Constable's house. Have you any Witnesses to call?  Mr. Fernley. 
Mr. William Rush, Captain Haddock, (who were called.)  L. C. J. Jones. 
Did Burton's Wife dine with you and him?  Mr. Fernley. 
Yes, my Lord.  L. C. J. Jones. 
Where did you dine?  Mr. Fernley. 
In the Chamber, my Lord.  L. C. J. Jones. 
And was this discourse concerning Monmouths being beaten in the West, at the time of dinner?  Mr. Fernley. 
The discourse of it? Yes, my Lord; what discourse was, was at dinner?  Mr. Just. 
— Was Burton's Wife at dinner, or was she upon the bed?  Mr. Fernley. 
She dined at the Table, my Lord. My Lord, she went to sleep when Gaunt came in.  Mr. Just. Levins. 
Where did she go to sleep, in the same room?  Mr. Fernley. 
Yes, my Lord.  L. C. J. Jones 
Where do you use to dine at other times?  Mr. Fernley. 
In the Kitchen, my Lord. My Lord, when I came from Church the dinner was sent up thither.  L. C. J. Jones. 
Woman, you are upon your Oath, remember that you are obliged by your Oath to confess the truth, let it concern whom it will: The discourse between your Husband and this man you could not but be privy to; there was only you three at dinner, your Husband, You, and Fernley the Prisoner at the Bar: All this discourse was at dinnertime, how is it possible that you should not hear it?  Mr. Just. Levins. 
Fernley himself owns he did discourse with your Husband at dinner that he came from the Rebels in the West.  Mrs. Burton. 
An't please you, my Lord, I did not hear. As I said before, I must say again, I did not hear.  Mr. Just. Withins. 
Nothing about Monmouth?  Mrs. Burton. 
No, not one word, if I were to die as I stand here.  Mr. Just. 
— You were at dinner?  Mrs. Burton. 
Yes, my Lord.  Mr. Just. 
— And this discourse was at dinnertime.  Mrs. Burton. 
I did not hear it.  Mr. Just. Withins. 
What would you ask him, Sir?  Mr. Fernley. 
What account he can give of my life and conversation, how I have behaved myself, and carried myself.  L. C. J. Jones. 
What are you, Sir? what is your quality?  Mr. Rush. 
I am a Distiller, Sir.  Mr. Just. Levins. 
Where do you dwell?  Mr. Rush. 
I did dwell two years ago in Wapping, but not now I live now at Waltham-Stow.  Officer. 
He is a very great Whig.  Mr. Just. Withins. 
If he be a Whig, he can't be a little one.  L. C. J. Jones. 
How long have you lived at Waltham-Stow?  Mr. Rush. 
Two years and upwards, Sir.  L. C. J. Jones. 
That is long before any thing that this man is charged withal.  Mr. Rush. 
I formerly knew the man as he was a Barber, and used to trim me: I always looked upon him to be a good sober man.  Mr. Just. Withins. 
A Wapping-man, a sober Wapping-man.  Mr. Rush. 
I hope there is a great many there.  L. C. J. Jones. 
That is all you can say for him.  Mr. Rush. 
I have nothing to say to his fact: He demeaned himself always well among his Neighbours; I know nothing of the fact for which he is here.  Mr. Att. Gen. 
Did you know Burton?  Mr. Rush. 
Yes, Sir.  Mr. Att. Gen. 
What was Burton? was he reputed an honest man?  Mr. Rush. 
I never knew him otherwise; I never was in his company; I know he dwelled close by where I lived.  L. C. J. Jones. 
And you took him to be a very honest man?  Mr. Rush. 
Before this: He has not been so lately, it seems. He is a person I never had any company or conversation with in my life.  Cryer. 
Captain Haddock.  Officer. 
He won't come in my Lord.  L. C. J. Jones. 
Well, well, let him stay there.  Cryer. 
Mr. Dove.  Officer. 
He won't come in, I can't make him come in.  L. C. J. Jones. 
Here are none that give any testimony for you, at least will— What are you?  Mr. Whittal. 
I dwell in Wapping, Sir.  Mr. Just. Levins. 
What trade are you?  Mr. Whittal. 
A Plumber.  Mr. Just. Levins. 
Who knows you?  Mr. Whittal. 
I am very well known there, Sir.  Mr. Just. Levins. 
Do you go to Church?  Mr. Whittal. 
Here's Mr. Tanner knows me, the Clerk of the Peace.  Mr. Tanner. 
Yes, Sir, I know him.  Mr. Just: Levins. 
Do you go to Church?  Mr. Whittal. 
Always went to Church.  Mr. Just. Withins. 
There were a parcel of them that went constantly to Church trimmingly.  L. C. J. Jones. 
Prisoner, what would you ask him?  Mr. Fernley. 
Only to give an account how I behaved myself.  Mr. Just. Withins. 
Well Sir, what do you say?  Mr. Whittal. 
All I know is, he behaved himself very well, and went to Church as other Neighbours did; and I never heard him speak against the Government.  Mr. Just. Withins. 
Did you know Burton?  Mr. Whittal. 
No, Sir; he was gone before I came to live there.  L. C. J. Jones. 
Have you any more to say?  Mr. Fernley. 
This, my Lord, may give some account that I had no design against the Government. I am a poor man, my Lord, and upon that account I own a great deal of money: I knew there was 100 l. for securing Burton, there was no gain by concealing him; he was not a person could require me, that I should harbour him, and lose 100 l. which was certain for taking him; which (my Lord) shows I had no design.  L. C. J. Jones. 
No, this argues you to be a stronger Confederate; and that you were so firm to your Party, you would not gain 100 l. though you might have it for doing your duty.  Mr. Fernley. 
My Lord, I looked upon it as sure as if I had it in my pocket. I knew nothing of him till Sabbath-day at noon, and I did not design to conceal him afterwards any farther than to serve the King.  L. Ch. J. Jones. 
You tell us a story of yourself, it is to no purpose to try any Prisoner, if his saying must be taken for Evidence: we will hear what Witnesses you have to produce, or if you can object to the Evidence that's against you.  Mr. Fernley. 
My Lord, I own it to be true, I have declared more than the Witnesses have said against me; but my Lord, I am innocent in it, God knows my heart, I had no design in it. It was but six hours I knew of him.  Mr. J. Withins. 
You lay out of your bed before.  Mr. Fernley. 
My Lord, not upon his account, I was a week before out of that bed, to prepare it for my Wife to lie-in.  L. C. J. Jones. 
Is your wife delivered?  Mr. Fernley. 
No.  L. C. J. Jones. 
You made great haste.  Mr. Fernley. 
It was my Wife's fault.  L. C. J. Jones. 
Gentlemen of the Jury, this Prisoner stands indicted for harbouring and relieving one James Burton, knowing him to have committed Treason. Gentlemen, you are to be acquainted, that this James Burton, was not only guilty of the late Rebellion in the West, but he was likewise charged by process with being guilty of the Plot at the Rye-house, and thereupon there was such proceed by Law, that he was Outlawed, the Record of which Outlawry hath been produced to you; so that if there were no more, if you be persuaded that he is the Person guilty, whether he were in the Rebellion in the West or no, that may induce you to find this Indictment, for the Prisoner receiving him after the Rebellion in the West, and knowing him to have committed Treason, whereupon he was Outlawed, it equally makes him liable to the offence wherewith he is charged: But, Gentlemen, that is not all; you have express Testimony from Burton himself, who it seems was acquainted with him, and who had fled from his Neighbourhood, by the space of two years almost, and yet he receives this Burton into his house: I will not say at the first time that he came into his house, it doth appear by any Evidence, that he knew him to have been in the Rebellion in the West, but when he came thither upon Friday, he was so kind to him as to leave his own Chamber, and to let him have that for his Lodging, although now he gives you another excuse plainly frivolous and false, that is, a pretence of making way for his Wife to lie-in, who yet is not delivered. He lies there upon Saturday-night, and dines with him upon Sunday. Saturday perhaps might be a busy day, and there is no Testimony at all given by any Evidence of any Discourse that was between them upon that day, but upon Sunday, when they Dined together, Burton swears, that he did tell him that he had been in the West in the Rebellion there, and he came thither for shelter: This man being acquainted with this, allowed him to dine with him, and harboured him in his House for the space of Seven or Eight hours more, without bringing him before any Justice of Peace, or any Magistrate who had Authority to commit him, although he had a particular Authority of his own (as he was a Constable) for the conservation of the Peace, yet he forgets his Oath as well as his Duty and Allegiance, and suffers him still to remain there. It is true the Wife of Burton dined with them, as Burton himself says, and the Woman confesses, but she was so busy at her Victuals, that she can remember nothing, she did not hear that there was any Discourse concerning Monmouth. But lest you should want another Witness, for Burton is but one Witness to that particular, you have him plainly confessing it himself, which is above a Thousand Witnesses, you have him confessing that Burton did acknowledge he had been in the West, and that Monmouth was Routed, and yet he continues him in his house, nay more, this man doth appear to be a Person in whom there was that gr●at Confidence, that another Person, Gaunt came, and he bids him come into his house, and there he discoursed of some Traitors, and the means of conveying them away, that they should not suffer for their Treason, and discoursed likewise of conveying away Burton, though he had confessed it himself. Gentlemen, what he tells you, is, that he did mean to discover, when did he intent to discover? he did not discover to any Body, before the man was apprehended by an Officer: he lets Gaunt, who plainly appears to be as arrant a Traitor as could he in the World, to go away merely upon his own Parole, without taking any course to apprehend him. He pretends he is a poor man, and he might have gained 100 l. if he had discovered him, and surely he would have discovered him, to gain 100 l. but this is a strong Argument, that he was deep in the Rebellion himself, and one in great esteem with them, that being a poor man, he would not do his Duty, for which he might have had a reward of 100 l. but suffers him to escape. This is the Case, Gentlemen, that is before you, if you believe he did knowingly, as he himself upon the matter doth confess, give any comfort or relief to Burton, knowing him to be a Rebel, you ought to find him guilty.  
Then the Jury withdrew to consider the Evidence.  Clerk. 
Set Elizabeth Gaunt to the Bar. (which was done.) Elizabeth Gaunt hold up thy hand, (which she did.)  
Thou stand'st Indicted by the name of Elizabeth Gaunt Wife of William Gaunt of the Parish of St. Marry White-Chappel in the County of Midd. Yeoman, As a false Traitor against our late Serene Lord Charles the Second by the Grace of God her then Natural Lord, Not having the fear of God in her heart, nor weighing the duty of her Allegiance, but moved and seduced by the Instigation of the Devil, and the true and natural obedience which a true and faithful Subject of our said Sovereign Lord the King towards our said late Lord the King of right aught to bear withdrawing, and with all her strength intending the Peace and common Tranquillity of this Kingdom of England to disquiet, molest and disturb, and War and Rebellion against our said late Sovereign Lord the King, within this Kingdom of England to stir up and move, and the Government of our said late Sovereign Lord the King in this his Kingdom of England to subvert, and our said late Sovereign Lord the King from the Title, Honour, and Kingly Name of the Crown Imperial of this Kingdom of England to depose and deprive, and our said late Sovereign Lord the King to death and final destruction to bring and put. The 24th day of September, in the 36th Year of the Reign of our said late Sovereign Lord Charles the II. and divers other days and times as well before as after within the Parish, etc. Falsely, Maliciously, Devilishly and Traitorously with divers Rebels and Traitors, to the Jurors unknown, she did Conspire, Imagine, and Intent our said late Sovereign Lord the King, her then Supreme and Natural Lord, not only from his Kingly State, Title, Power and Government of this Kingdom of England to deprive and throw down, but also our said late Sovereign Lord the King to kill and put to death, and the Ancient Government of this Kingdom of England to alter and wholly subvert, and a miserable slaughter amongst the Subjects of our said late Sovereign Lord the King thro'out this Kingdom of England to cause & procure, & Insurrection & Rebellion against our said late Sovereign Lord the King to procure and assist. And the said most wicked and devilish Treasons and traitorous Compassing, Imaginations, and purposes aforesaid, to fulfil, perfect, and bring to pass, the said Eliz. Gaunt, as a false Traitor, then and there, to wit, the said 24th. day of September in the year aforesaid, at the Parish and Ward aforesaid, well knowing one James Burton to be a false Traitor, and as a false Traitor traitorously to have compassed and imagined the Death and Destruction of our said late Sovereign Lord the King, and War and Rebellion against our said late Sovereign Lord the King within this Kingdom of England, together with other Traitors (to the Jurors unknown) to have intended to be raised; she the said the Eliz. Gaunt afterwards, to wit, the said 24th. day of September in the year aforesaid, within the City of London aforesaid, the said James Burton, in a certain house of a person to the Jurors unknown, knowingly, secretly, wickedly, devilishly, and traitorously, did entertain, conceal, comfort, sustain, and maintain, and then and there, for the comforting, sustenance, and maintenance of him the said James Burton, Meat, Drink, and 5 l. in money for the maintenance and sustenance of him the said James Burton, unto the said James Burton, maliciously, and traitorously, she did give and deliver, and cause to be given and delivered, against the duty of her Allegiance, and against the peace, etc. and against the form of the Statute, etc.  Clerk. 
How sayest thou, art thou guilty or not guilty?  Mrs. Gaunt. 
I desire to have more time to consider of it.  L. C. J. Jones. 
You know whether you be guilty of this offence; what need you have any time of consideration for that?  Mrs. Gaunt. 
I don't know, Sir; I am ignorant in the Law, and in things of that nature.  L. C. J. Jones. 
But this is not matter of Law; it is, whether you did receive these Traitors or no knowingly; this James Burton, knowing him to have committed Treason: Can't you tell whether you did or no?  Mrs. Gaunt. 
Not guilty.  Clerk. 
How wilt thou be tried?  Mrs. Gaunt. 
By God and my Country?  Clerk. 
God send thee a good deliverance.  Then the Middlesex- Jury returning, Mrs. Gaunt was set aside, and Ring and Fernley brought to the Bar, who were both brought in guilty by the Jury. Clerk. 
Set Henry Cornish to the Bar, and Eliz. Gaunt, (which was done.)— You the Prisoners at the Bar, these men that have been now called, and here appear, are to pass between our Sovereign Lord the King and You, upon your several Lives or Deaths: If you challenge any of them, you must speak as they come to the Book to be sworn, before they are sworn.  Mr. Cornish. 
My Lord, I must humbly beg leave of your Lordship and this honourable Court, that I may renew my request. The time of notice given me for my Trial being so short, it hath no precedent, I think: I humbly pray your Lordship I may have time allowed for my Trial: I have had no Council, no Panel, no help in the world; I had not Pen, Ink, nor Paper, my Lord, these are very hard things. My Lord, His Majesty was petitioned last night by my Children, and he was graciously pleased to say, that he would refer it to my Lords the Judges. I only pray your Lordships, that you would be pleased to allow me time. Though here is a grievous Indictment brought against me, yet I doubt not but to clear myself of what is alleged against me, if I have but time to prepare myself for it: therefore I humbly pray that I may have time allotted.  L. C. J. Jones. 
You told us so before, that you had exhibited a Petition to the King, and that the King did refer it to the Judges, you show us nothing of that.  Mr. Cornish. 
My Lord, I can but only signify to your Lordship what I hear; my Children were with me, and told me they had petitioned the King, and His Majesty was pleased graciously to receive it.  Mr. Att. Gen. 
The King left you to the course of the Law.  Mr. Cornish. 
It is very hard measure; I have no preparation at all, no more than at the first moment; but I bless God I hope I shall in time satisfy you of my Innocency.  L. C. J. Jones. 
You were apprehended and seized upon Tuesday last, this is almost a week; you knew what you were charged withal.  Mr. Cornish. 
My Lord, I did not know what I was charged withal. I had no liberty of Friends to come to me; my Wife at length obtained leave, but it was in the presence of Major Richardson; I had no Friend with my Wife, no Pen, Ink, nor Paper.  L. C. J. Jones. 
Was Pen, Ink, and Paper denied you? did you ask it?  Mr. Att. Gen. 
As soon as he petitioned for it he had it.  Capt. Richardson. 
He had Pen, Ink, and Paper.  L. C. J. Jones. 
When was that?  Capt. Richardson. 
On Saturday.  Mr. Cornish. 
My Lord, it was eight a clock at night.  Mr. Just. Levins. 
Mr. Cornish, I would not have you think you are used otherwise than other men are; for I must tell you it is not usual to have Pen, Ink, and Paper, without leave.  Mr. Cornish. 
I know it hath been allowed in the like case.  Mr. Just. Withins. 
Ay, upon petition, never else.  Mr. Just. Levins. 
There are many men, and of as good quality as you, tried for kill men: does any body give them notice? Is there any more necessity of notice in point of Treason, than in point of Murder?  Mr. Just. Withins. 
I told you what your offence was, when you were committed.  Mr. Cornish. 
My Lord, I remember in my Lord Russel's Case, he had at least seven or eight days allowed him.  Mr. Just. Levins. 
It may be so; but it is not necessary. Prisoners that are tried here generally have no notice at all; if one man hath a singular favour, another man cannot claim it.  Mr. Cornish. 
My Lord, I have a material Witness above 140 miles off.  L. C. J. Jones. 
My Lord's Trial, I think was put off but till the afternoon:  Mr. Cornish. 
With submission to your Lordship, I think he had eight days assigned him. But, my Lord, I humbly conceive I have a Witness that is very material in my Case, that is 140 miles out of Town, in Lancashire; I humbly pray I may have time allotted me to send for him.  L. C. J. Jones. 
Why did not you set forth that in your Petition to the King?  Mr. Cornish. 
My Lord, I did not understand the case.  L. C. J. Jones. 
Were not you committed for High-Treason?  Mr. Just. Withins. 
I told you so myself: I showed you the Commitment; therefore you can't pretend you were ignorant of it.  Mr. Cornish. 
My Lord, it did not mention this King or the last: And I am not a Lawyer, I am not skilled in these things; I am very ignorant, and hope your Lordship will consider me; my Innocence will appear as bright as any man's that ever stood at this Bar.  L. C. J. Jones. 
I don't believe you want that Evidence 140 miles off: Is he the only man that can make your Innocence appear?  Mr. Cornish. 
My Lord, by what I apprehend he will be the most material Witness I have. My Lord, I shall desire nothing but with submission to your Lordship and the Bench; but I humbly conceive it is very reasonable I should have time, and I humbly pray your Lordship to consider it.  L. C. J. Jones. 
Mr. Attorney, have you any directions?  Mr. Att. Gen. 
No, my Lord.  Mr. Cornish. 
I do not doubt, If I might have a little time, to make my defence.  Just. Withins. 
You should have applied yourself to the King, it does not lie in our power.  Mr. Cornish. 
My Lord, I humbly pray you to consider my case.  Mr. Just. Withins. 
Mr. Bridgman here on the Bench says, there was a Petition before the King for putting it off, and the King absolutely refused it.  Mr. Just. Levins. 
We have nothing to do, Sir; we are here by Commission to try you.  Mr. Cornish. 
My Lord, I have been denied a copy of the Panel, I hope that is reasonable, I must desire a copy of the Panel.  Mr. Att. Gen. 
That is none of your right, Mr. Cornish.  Mr. Cornish. 
Mr. Attorney with submission, I hope I ought to have it.  Mr. Att. Gen: 
No you ought not to have it, You have your peremptory challenges, you may challenge 35 without cause.  L. C. J. Jones. 
You shall have a copy of the Panel here.  Mr. Att. Gen. 
Yes, here he may.  Mr. Cornish. 
It is a very hard case, when I have a material Witness so far out of Town, that I can't have a little time allotted.  L. C. J. Jones. 
Can't every man that comes here to be tried say the very same thing, that he hath a material Witness in France, Spain; or any where else, and that when that Witness comes his Innocence will be as clear as the Sun?  Mr. Cornish. 
My Lord, my Witness is in Lancashire, I cannot help it: I beseech your Lordship to consider me: I am apt to believe that he would so much vindicate my reputation in this matter, that it would be a very great satisfaction to your Lordships; and I am sure you are not for oppressing any man.  L. C. J. Jones. 
No, Sir, that we are not.  Mr. Cornish. 
I am sure you are for the just vindication of the Government, for executing of Justice, and I will desire no other than that.  L. C. J. Jones. 
Mr. Attorney, if you pray he may be tried, we can't deny it.  Mr. Att. Gen. 
Mr. Cornish, I cannot defer it, I have no authority; and why you should be in another condition than other Prisoners, I don't know; you have not deserved so well of the Government.  Mr. Cornish. 
I have not the names of the Wards where these men live, and their Trades.  Mr. North. 
He hath a copy of the Panel, and that is sufficient.  L. C. J. Jones. 
You may ask them where they live.  Mr. Cornish. 
I hope I may have Pen and Ink, my Lord.  L. C. J. Jones. 
Ay, ay.  
Then the Jury were called, and after Mr. Cornish. had challenged 35 of them, the Jury sworn were as followeth: 

Thomas Rawlinson.  
Thomas Langham.  
Ambrose Istead.  
Thomas Pendleton.  
John Grice.  
Thomas Oneby.  
William Clowdesley.  
Richard Holford.  
William Longboat.  
Steven Coleman.  
Robert Clavel.  
William Long.   Proclamation being made, If any one can inform, etc. Mr. Cornish was set aside, and Eliz. Gaunt at the Bar.  Clerk. 
Elizabeth Gaunt, hold up thy hand, (which she did.)— You of the Jury, look upon the Prisoner, and hearken to her Cause: She stands indicted by the name of, etc. (as before in the Indictment.) Upon this Indictment she hath been arraigned, and thereunto pleaded not guilty, and for her Trial hath put herself upon her Country, which Country you are. Your Charge is, to inquire whether she be guilty of this High-Treason whereof she stands indicted, or not guilty. If you find her guilty, &c  Council, 
Mr. Phips. May it please your Lordship, and you Gentlemen that are sworn, Elizabeth Gaunt the Prisoner at the Bar stands indicted, for that she knowing James Burton, together with other Traitors, traitorously to have conspired the death of the late King, and to raise Rebellion in this Kingdom, did harbour the said James Burton, and gave him 5 l. in money.  Mr Att. Gen. 
May it please your Lordship, and you Gentlemen that are sworn, the Prisoner stands indicted for harbouring of Burton, who was a great Traitor, and for procuring a way for his escape beyond sea, and also for giving him 5 l. to bear his charges. In the former Trial you had an account of her Husband, and in this you will hear she and her Husband were the great Brokers for carrying over such Traitors, as my Lord Shaftsbury and others; these have taken care to convey them over at all times. We will produce our Witnesses. Call Burton and his Wife.  Mr. Burton sworn. Mr. Att. Gen. 
Do you know Mrs. Gaunt?  Mr. Burton. 
Yes, Sir.  Mr. Att. Gen. 
Pray give my Lord and the Jury an account how she harboured you, and all the passages that past between you and Mrs. Gaunt. Pray tell first whether you were engaged in the matter of the Rye.  Mr. Burton. 
How I came concerned I will tell you, if it please you.  Mr. Att. Gen. 
Speak  Mr. Burton. 
The first time I knew any thing of it, Mr. Keeling came to me one Saturday-morning, and asked me if I was to go to London: I said, Yes, I was to go to the Exchange; and he desired me to meet him at the Mitre-Tavern within Aldgate, and ask for Number Five. I came at the time, and no body being there, I was going away, and met with a Countryman with a stick in his hand, that had but one eye; he came and asked for the same Number: So the Gentleman sent his Boy after me, and told me one stayed for me: When I came, he asked me if I asked for Number Five; and I said, Yes. By whose appointment? By Josiah Keeling's, said I. So he asked the man of the house to show a Room: He showed a Box, but he would have a Room, and went up stairs, and called for Pipes and a Candle, and a pint of Wine. In a little while Keeling came in, and brought Barber and Thompson, and no body spoke almost any thing but Rumbold, (that was Rumbold with one eye, for Keeling when he came in called him Capt. Rumbold) and Rumbold talked about Privileges and such things at first and he said his house was a convenient house, and there they might do the business: but before they had done, I found they designed to kill the King, but nothing troubled him but killing the Postilion, to kill a man in cold blood. But than says we, If you are for killing, we have done, and so broke up; that was the end of that. A while after Mr. Keeling went in, and made a Discovery: I never came among them afterwards So, after Mr. Keeling had discovered, I was in the Proclamation for being there at that meeting, and absconded myself, and lay hid. A matter of two months after, Mrs. Gaunt came to inquire of my Wife where I was, to speak with me; she brought her to me. She told me there were some persons about to make an escape, and would have me go along with them. I told her, with all my heart? So I asked her which way and how they intended to go: She told me they had provided Horses to ride down to Rochford-Hundred, and there was a Vessel to carry them over; and, says she, be ready by such an evening, and I will call for you. Accordingly she did, & had me into Bishopsgate-street, and in Half-moon-Alley in a little Brew house up stairs in a Chamber there were both the Rumbolds, one of them did not go, and the other and I lay there all night, and in the morning a man came and called us away, and we went to White-Chappel to take Horse, to ride down to Rochford-Hundred, and stayed for the Vessel two days; and when we met the Vessel, it was a small Vessel, and bad weather, and the Master of the Vessel had but one hand, and two Boys, one a very little one; and we went down the Creek, and I asked the man where he did intent to land us; and he told us at Ostend. Said I, I understood we were to go for Holland to the Brill. Says he, My Vessel is only able to go to Ostend or Dunkirk, either of them. Says Rumbold, I don't understand the Sea. Says I, This is a very small Vessel, and leaky, and the man not able to manage it. Says I, I will go back again to London. Says he, I will do as you do; and we both parted at London, and I never saw him afterwards till I saw him at Amsterdam. I lay by a great many months after; then Mrs. Gaunt came to me again, and told me there was two other persons going, and I might have a passage if I would go: So she bid me be ready by such an evening, and I was ready, and a Boat being ready at the waterside, carried me to Gravesend, where I went in a Vessel to Amsterdam.  Mr. Att. Gen. 
Where were you?  Mr. Burton. 
I was with my Wife at my Daughters: I had a Daughter married, her Husband was drowned.  Mr. Att. Gen. 
How came Mrs Gaunt to take so much care of you? give the Court an account.  Mr. Burton. 
She might think I knew something of her Husband if I should be taken; I suppose that might be the chief thing.  Mr. Att. Gen. 
What had her Husband done?  Mr. Burton. 
Her Husband, I suppose, knew something of the business.  Mr. Att. Gen. 
What business?  Mr. Burton. 
About seizing the Tower: He came to me, and would have had me gone with him with Capt. Walcot to the Tower, to see what force there was of Soldiers; and Capt. Walcot said he had a design to take an house over against the Tower, to put in some men there to break in upon the Tower, and Gaunt was with him.  L. C. J. Jones. 
What discourse had you with her about the Plot?  Mr. Burton. 
Nothing with her.  Mr. Att. Gen. 
What was it she would help you away for?  Mr. Burton. 
I suppose this was the reason, because she knew I knew her Husband was concerned.  Mr. North. 
Did she assist you with any money?  Mr. Burton. 
Yes.  Mr. North. 
How much?  Mr. Burton. 
She gave me a parcel of money just as I was going away; I put it among other money.  Mr. North. 
How much? 30 or 40 s.?  Mr. Burton. 
More than that.  Mr. Sol. Gen. 
Were you gone from your own house when this woman came to you?  Mr. Burton. 
My own house was broke up a great while before.  Mr. Sol. Gen. 
Did you appear publicly when she came to you?  Mr. Burton. 
No, an't please you.  L. C. J. Jones. 
Had there been any search for you before?  Mr. Burton. 
Yes.  Mr. North. 
You were in the Proclamation at this time?  Mr. Burton. 
Yes, an't please you, Sir.  Mr. Att. Gen. 
Did she carry you to Rumbold?  Mr. Burton. 
Yes.  Mr. Att. Gen. 
Was there any discourse between Rumbold and her?  Mr. Burton. 
No. There was an elderly man in the house, I did not know him, carried me up to Rumbold; there was both of them.  Mr. Att. Gen. 
What money had you of her?  Mr. Burton. 
I believe about 5 l. I told her I had lain a great while, and money was very bare with me; and she told me she would get me a little.  Mr. Att. Gen 
Did she know what you were concealed for?  Mr. Burton. 
Every body knew that, because I was in the Proclamation.  Mr. North. 
What directions did she give you how you should behave yourself when she wen● with you to Bishopsgate-street? how did she say you must carry yourself?  Mr. Burton. 
Nothing there, she gave no order about that.  L. C. J. Jones. 
Did she tell you you were concerned in the Plot with her Husband?  Mr. Burton. 
She did not tell me so, Sir.  L. C.J. Jones. 
Did you tell her you were concerned in the Plot with her Husband?  Mr. Burton, 
I did not tell her so.  Mr. At. Gen. 
Who were the two men that were prepared to go with you that time.  Mr. Burton, 
One Patchil.  Mr. At. Gen. 
He was killed in the Fight. Was Patchil in the Fight?  Mr. Burton, 
Yes, an't please you, he was killed.  Mr. At. Gen. 
And who was the other?  Mr. Burton; 
Tother was a man lived in Southwark; I never saw him before.  Mr. Com. Serj. 
What directions did she give you about your own name, or any others when you went in the Boat?  Mr. Burton, 
If I knew any body, that I should not take notice I knew them.  L. C. J. Jones, 
You were not to take any acquaintance of any body in the Boat?  Mr. Just. Withins, 
Hark, you Sir, you looked upon all those to be engaged in the Plot. All that she endeavoured to save were of the same level?  Mr. Burton, 
Rumbold was; Rumbold was in the Proclamation.  L. C. J. Jones, 
Did she tell you, that you were in the Proclamation?  Mr. Burton, 
No, an't please your Lordship, she did not tell me so.  Mr. North, 
Did she never discourse of your being in the Proclamation?  Mr. Burton, 
No, not as I remember; it was a general thing.  Mr. Just. Withins, 
But why should she come to you to transport you, if it were not for such a thing?  Mr. Burton, 
Her husband was with me about going to the Tower.  Mr. At. Gen. 
Burton, pray thus, when you came from the West, what overtures were to help you here from her or her husband?  Mr. Burton, 
Her husband was with me at Fernley's house, and he told me there were two or three persons to go in two or three days, and I should go along with them.  Mr. At. Gen. 
You named your daughter, what is her name?  Mr. Burton, 
Mary Gilbert.  Then Mary Gilbert was called and sworn. Mr. At. Gen. 
Do you know Mrs. Gaunt?  Marry Gibbert, 
Yes, Sir, I know her; she was our Neighbour.  Mr. At. Gen. 
Then give an account of her coming to you about your Father.  Marry Gilbert, 
She came to our house that night my Father went away. I never heard a word of the discourse that past, for I always went out of the way.  Mr. Just. Withins, 
Why did you go out of the way?  Marry Gilbert, 
Because they were not willing I should hear the discourse.  Mr. Com. Serj. 
You are upon your Oath, Mistress, you must tell the truth.  Marry Gilbert, 
I do, Sir, I will tell no more.  Mr. Sol. Gen. 
Did you see your Father go away? who did he go with, in what Company?  Marry Gilbert, 
I can't tell.  Mr. At. Gen. 
Did Mrs. Gaunt go with him?  Marry Gilbert, 
I met my Father and Mrs. Gaunt in Hounds-ditch, my mother and I were to meet them in Bishopsgate-street.  Mr. Com. Serj. 
Well, what was the reason why you did not meet.  Marry Gilbert, 
We were to meet at seven a Clock, and we went to the house, and they were not come; and we were coming home, and met them in Hounds-ditch, and my Father had Mrs. Gaunt under the arm, and went back to a house without Bishopsgate.  Mr. Sol. Gen. 
Did Mrs. Gaunt carry him thither?  L. C. J. Jones, 
Do you know why your Father was to go away?  Marry Gilbert, 
He went upon the account of the Proclamation.  L. C. J. Jones, 
Then you knew of the Proclamation?  Marry Gilbert, 
Yes, Sir, I knew of the Proclamation.  Mr. Com. Serj. 
Whose acquaintance was the man in Bishopsgate-street?  Marry Gilbert, 
He was none of mine.  Couns. 
When your Father went up stairs into a Room, did you see any body with him?  Marry Gilbert, 
Yes, Sir, it was a man that had but one Eye, a full set man, full of Pock-holes; but I never saw him before nor after.  Couns. 
How came you to see him?  Marry Gilbert, 
By going up stairs to see my Father.  Marry Burton Sworn. Mr. At. Gen. 
Do you know Mrs. Gaunt there?  Mrs. Burton, 
Yes, Sir.  Mr. At. Gen. 
Pray will you tell the Court, how she came to inquire after your husband?  Mrs. Burton, 
Yes Sir, at my Daughter's House.  Mr. At. Gen. 
What discourse happened between you?  Mrs. Burton, 
No discourse, but she said if I was willing my husband should go away, and she would take care.  Mr. At. Gen. 
But why should he go away?  Mrs. Burton, 
I don't know why, but only upon the Proclamation.  Counsel, 
Woman, did she take notice your husband was gone from home, and had left his House.  Mrs. Burton, 
No, she did not speak any thing of it.  Counsel, 
Did not she come to ask you where your husband was?  Mrs. Burton, 
Yes, and he was at my Daughters, and I told her.  Mr. Just. Levins, 
Why did she tell you, if you were willing she would help him away?  Mrs. Burton, 
I can't tell, but only upon the account of the Proclamation she did not say so.  Mr. Just. Levins, 
Would you have a woman come and discourse with you about sending your husband away, and not tell you why?  Mrs. Burton, 
I knew myself, my Lord.  Mr. Just. Levins, 
Where did you go?  Mrs. Burton, 
My husband went out of doors by his own self, by appointment, and we were to meet, my Child and I together, without Bishopsgate by the Catherine-wheel.  Mr. Com. Serj. 
Who made that appointment?  Mrs. Burton, 
Mrs. Gaunt.  Mr. Com. Serj. 
Upon what account did she come to you to secure your husband?  Mrs. Burton, 
Upon the account he was in the Proclamation, and I thought within myself, for fear my husband should know any thing against her Husband; but I never said so, for I was glad my husband should be helped away, willing to save his life, for I knew it was death.  Mr. Just. Levins, 
And you took that to be the meaning of it in reference to the Proclamation.  Mr. At Gen. 
How far did you live from her?  Mrs. Burton, 
Formerly we dwelled pretty near one another, when Mr. Gaunt kept a Tallow Chandler's Shop.  L. C. J. Jones, 
Woman, do you verily believe she knew your husband was in the Proclamation?  Mr. Just. 
Did you never see the Prisoner at the Bar at any time in Holland?  Mrs. Burton, 
No  Mr. At. Gen. 
Nor her husband?  Mr. Burton, 
Nor her husband.  Mr. At. Gen. 
I ask you at this time when your husband went away, and his house was searched, how far did she live from you then?  Mrs. Burton, 
She had but Lodgings, I don't know where her Dwellinghouse was.  Mr. At. Gen. 
Where were her Lodgings?  Mrs. Burton, 
At the upper end of Old-Gravel-Lane, and my Daughter in the middle of Gravel-Lane, in Worster-street, as far as it may be to Newgate, thereabouts.  Mr. At. Gen. 
Was it taken notice of all over the Street that the House was searched and your Husband gone? Was that taken notice of in the Neighbourhood?  Mrs. Burton, 
Yes, yes.  Council, 
Between the time your Husband went first away, and the time she came to take care of him, had you no discourse about the reason of his going away, nor of the Proclamation?  Mrs. Burton, 
No.  L. C. J. Jones, 
What say you, Woman, to this evidence, several Witnesses say you were very busy in contriving the escape of Burton, what was the reason why you would send him away?  Mrs. Gaunt, 
I did not contrive to send him away.  L. C. J. Jones, 
The Woman says so, Burton says so, the Daughter says the same.  Mrs. Gaunt. 
Where Sir?  L. C. J. Jones, 
At Bishopsgate or Hounsditch.  Mrs. Gaunt, 
I deny it.  L. C. J. Jones, 
And you gave him Money afterwards.  Mrs Gaunt, 
Who saw me give it him?  L. C. J. Jones, 
He swears it.  Mrs. Gaunt, 
He was the more beholding to me.  L. C. J. Jones, 
Did you or did you not?  Capt. Richardson, 
She says she is not come here to tell your Lordship what she did.  L. C. J. Jones, 
Woman, did not you hear that Burton's name was in the Proclamation about Rumbold's Plot?  Mrs. Gaunt, 
It is like I might.  L. C. J. Jones, 
You might hear it.  Mrs. Gaunt, 
Yes.  L. C. J. Jones, 
And yet you would by all means help him to escape?  Mrs. Gaunt, 
I can say nothing against it if they swear it.  L. C. J. Jones, 
Do you know what you are charged withal? you are accused for relieving and comforting Burton, whom you knew to have committed Treason.  Mrs. Gaunt, 
My Lord, he says so.  L. C. J. Jones, 
And for helping him to escape, and giving him money in order to it.  Mrs. Gaunt, 
He says so.  L. C. J. Jones, 
He swears so; what do you say?  Mrs. Gaunt, 
Is that sufficient?  Mr. Justice, 
Ay and another swears it, that is sufficient.  Mrs. Gaunt, 
I have not heard any body else swear it.  Mr. Justice, 
Yes, his Wife.  Mrs. Gaunt, 
Not about the money.  Mr. Justice, 
You came and solicited him to go several times.  Mrs. Gaunt, 
It is very untrue, my Lord.  L. C. J. Jones, 
Did you know his house had been searched to find him?  Mrs. Gaunt, 
I did not know it a great while, since I might know.  Here Burton' s Pardon was produced again. Mr. Just. Withins, 
It is a Pardon for Burton, now he is a good Witness, Gentlemen.  L. C. J. Jones, 
Have you any more, Woman, to say for yourself? if you can, tell us any other cause than that he was guilty of Treason wherein your Husband was concerned.  Mrs. Gaunt, 
No, I deny that, that I knew my Husband was concerned in any thing of that kind.  L. C. J. Jones, 
Wherefore then would you take so much care to send him away.  Mrs. Gaunt, 
I don't tell you, my Lord.  L. C. J. Jones, 
You don't tell us, but the Witnesses have swore it.  Mrs. Gaunt, 
I must leave it to them.  L. C. J. Jones, 
Gentlemen of the Jury, this Woman stands Indicted for High Treason for concealing, comforting and relieving one James Burton, a person that had committed High Treason; and for endeavouring that he might make his escape, and giving him 5 l. in money. Gentlemen, the evidence that is given is by Burton, his Wife and his Daughter. Burton says that this Woman was very solicitous several times to help to send him beyond Sea. He does tell you, that when there was a Plot against the life of the King, wherein Rumbold was concerned, and one of the chief Actors, that he himself was present at one of the Consultations concerning it, and that afterwards be did withdraw himself from the Company, as he says; but he says, that this Woman's Husband being likewise concerned in the Plot, and this woman, as he believes, knowing that he was able to make some Discovery concerning her Husband, and knowing also his danger in respect of his own guilt, she endeavours to send him away first to Rochfort, and so to go beyond Sea. And afterwards in another place in Hounds-ditch, and from thence he was to be conveyed beyond Sea. It is true, there is no direct proof that there was any particular mention that Burton was in the Proclamation for that Treason, but the woman says, and Burton himself says, that they do both verily believe that the Prisoner at the Bar, did know he was in the Proclamation, and therefore there was no particular discourse concerning it; and she herself being examined, says, she might hear that his name was in the Proclamation, and she might hear that his house was searched, and that he could not be found; and yet notwithstanding all this, she endeavours to conceal him. What can be the meaning of all this, in this woman, but that she was very zealous to maintain the Conspiracy, and was a great Assistant to all persons that were concerned in it. She will not tell you any other cause wherefore she should be concerned to convey this man beyond Sea, and therefore in all reason you ought to conceive it was for this; it was a known cause, made known to all people by the King's Proclamation. If you believe she did know or believe Burton to have been guilty of that Treason, and that she did help to convey him away, as the Witnesses have proved that she did, by giving him money, and soliciting him several times to be then you ought to find her guilty.  Then the Jury desiring to ask a question, Burton was called again, but being gone out of Court was sent for, and Mr. Cornish was set to the Bar. Clerk, Henry Cornish, 
Hold up thy hand; you of the Jury, look upon the Prisoner and hearken to his Cause; he stands Indicted by the name of Henry Cornish, late of the Parish of St. Michael Bassishaw, in the Ward of Bassishaw, London, Merchant, etc. as before in the Indictment. Upon this Indictment he hath been Arraigned, and thereunto pleaded Not Guilty, etc.  Counsel, 
Mr. Phips, May it please your Lordship, and you Gentlemen that are sworn, Henry Cornish, the Prisoner at the Bar, stands Indicted, for that he knowing that the late Duke of Monmouth, William Russel, Esq; the late Lord Grace, and other Traitors, had conspired the Death of the late King, and to raise Rebellion in this Kingdom, did promise to aid and assist them in compassing this wicked imagination, against the duty of his Allegiance, etc. to this he hath pleaded Not Guilty, etc.  Mr. Cornish, 
I am innocent of the whole matter.  Officer, 
Burton is come.  L. C. J. Jones, 
Let us make an end of that first. In the Evidence that you gave against Elizabeth Gaunt, you said that you did receive money from her, 5 l. or some such sum.  Mr. Burton, 
Yes, an't please your Lordship.  L. C. J. Jones, 
Did she own you any money?  Mr. Burton, 
No, my Lord.  L. C. J. Jones, 
Upon what account was it you received that money?  Mr. Burton, 
She gave it me.  L. C. J. Jones, 
Upon what account was it? To assist you in your Escape?  Mr. Burton, 
She knew I was bare of money, and gave it me of her free will.  L. C. J. Jones, 
And it was at that time you went away?  Mr. Burton, 
Yes.  Mr. Just. Withins, 
It was to assist you in your Escape?  Mr. Burton, 
Yes, I believe so.  Mr. Com. Serj. 
Who paid your Boat-hire?  Mr. Burton, 
I paid none, I don't know, the Waterman can tell.  Mr. At. Gen. 
May it please your Lordship, and you Gentlemen of the Jury, Mr. Cornish, the Prisoner at the Bar, stands Indicted for contriving the Death of the late King, and for raising Rebellion in the Kingdom, and is charged that he did consent to be assisting to that Rebellion that was then designed; it is not unknown to you Gentlemen, for there have been several Trials of that Conspiracy, That there was a great Rebellion designed in England by the late Duke of Monmouth, the Lord Russel, and Sir Thomas Armstrong; and particularly Gentlemen, there was a Meeting (which already hath appeared in public) at Mr. Shepherd's House, where the Lord Russel, the late Duke of Monmouth, Sir Thomas Armstrong, Mr. Rumsey, and the late Lord Grace, met to consider and adjust matters: At that Meeting Mr. Cornish indeed came in very late (for he was invited and knew the Design then) he came in late, and so was not at the whole Discourse; but there was a Declaration framed to be put out when they should Rise, and they did acquaint Mr. Cornish with it, and they read it to Mr. Cornish, and Mr. Cornish did like it very well, and promised he would be assisting, as we will prove to you Gentlemen. Another Instance of Mr. Cornish's Rebellion, for I need not tell you what part he acted when he was Sheriff, and maintained that; that was the ground work of the Rebellion, setting the Commonalty against the Government of the City. Another Instance we will give you is, his Under-Sheriff that was employed to divide the City, and to raise men within the City, having discourse with Mr. Cornish about settling that matter, he liked it very well, and promised he would be assisting to him, and you may easily presume Mr. Goodenough the Under-Sheriff was very privy to all the acts of Mr. Cornish at that time. We will call our Witnesses. Mr. Rumsey.  Mr. Cornish, 
I desire the Witnesses may be kept apart.  Mr. At. Gen. 
They are so two times.  Mr. Cornish, 
You will find me guilty of neither; I am as innocent as any person in this Court.  Mr. At. Gen. 
So was my Lo●d Russel to his death, Mr. Cornish, do you remember that?  Mr. Cornish, 
Mr. Attorney General, I speak in the presence of the great God, I am as innocent as any man in this Court.  Mr. At. Gen. 
Mr. Rumsey, pray will you give my Lord and the Jury an Account of the Insurrection that was to have been in England, in the late King's time, and what concern the Prisoner had in that affair.  Mr. Rumsey, 
My Lord, about the later end of October, or the beginning of November, my Lord Shaftsbury desired me to go to Mr. Sheppard's house, where there was a Meeting of those Gentlemen that I did name before, the Duke of Monmouth, my Lord Russel, my Lord Grace, Sir Thomas Armstrong, and Mr. Ferguson, and Mr. Sheppard, and accordingly I went; I came late there myself, for they were just going away, when I came in; I told them my message, and they told me they were disappointed by Mr. Trenchard. I had not been there a quarter of an hour, but we were going away, and Mr. Sheppard was called for by his man, and he went down stairs and brought up Mr. Cornish; and when he came into the Room, he told the Gentlemen there met, that Mr. Alderman Cornish was come; so as soon as Mr. Alderman Cornish came into the Room, he made his excuse to the Gentlemen that he did not come sooner, and that he could not stay with them; the reason why he could not stay with them, he told them, was, that they were to meet that night about their Charter, and there was never another Alderman in Town but himself, and therefore he could not stay, there was a necessity of an Alderman to be there. And upon that Mr. Ferguson opened his bosom, and from under his Stomacher pulled out a Paper; they told him, they had that Paper read, and desired to read it to him: Mr. Ferguson read it, and Mr. Sheppard held the Candle all the while that it was reading; and after they had read it, they asked him how he liked it, and he did say he liked it very well.  L. C. J. Jones, 
What were the Contents of that Paper?  Mr. Rumsey, 
The first part of it was complaining of the misgovernment of the late King; there were two Points in it that I do remember very well, that they would declare for: One was, Liberty of Conscience; and t'other was, That all those that would assist in that Insurrection, that had any Lands of the Church, or the Kings, in the late War, should have them restored to them.  L. C. J. Jones, 
Was there any thing in that Paper that did engage any body to an Insurrection?  Mr. Rumsey, 
I did not hear all the Paper, nor did I take great notice of it; but those two Points were in it, to engage them that would assist.  Mr. At. Gen. 
What was the effect of the Paper?  Mr. Rumsey, 
It was to be a Declaration upon the Rising, when the Rising was to have been; this was to have been dispersed abroad.  Mr. At. Gen. 
Mr. Rumsey, was there a Rising intended at that time?  Mr. Rumsey, 
Yes, and they met there for that purpose; and Mr. Trenchard was the man to manage the business about Taunton, and he disappointed them.  Mr. At. Gen. 
What was your message from my Lord Shaftsbury to them?  Mr. Rumsey, 
It was to know what issue they had come to about the Rising, and to press them to it, for such a matter as that was not to be long kept afoot; either let them come to a resolution to Rise, or let it fall for good and all.  Mr. At. Gen. 
After Mr. Cornish had expressed his liking of this business and Declaration, what followed?  Mr. Rumsey, 
He did say, he liked it very well, and that poor interest he had, he would join with it.  Mr. At. Gen. 
Speak that again.  Mr. Rumsey, 
Mr. Cornish did say, he did like the Declaration, and with the small interest he had, he would appear to back it, or words to that effect.  Mr. Cornish, 
My Lord, since he takes the freedom to charge me with these things, I never was at a Consult in my days.  Mr. Just. Levins, 
You were not then at Mr. Shepherd's that night?  Mr. At. Gen. 
Will you deny you were at Mr. Shepherd's that night?  Mr. Cornish, 
I do declare, I never was at Mr. Shepherd's in any Consult in my life, as he declares; but I have had great deal with Mr. Sheppard.  L. C. J. Jones, 
You shall be allowed your liberty; pray, Sir, be not transported with passion. I doubt, before this time, notwithstanding the confidence you seem to have, there are few believe you to be as innocent as any person present.  Mr. At. Gen. 
You will hear more from his Oracle.  Mr. Just. Levins, 
Were you there when my Lord Russel was there?  Mr. Cornish, 
I was not there when my Lord Russel was there, as I remember.  L. C. J. Jones, 
Were you present, hear, hear, Sir: were you present at Shepherd's when Ferguson was there?  Mr. Cornish, 
My Lord, I have been at Shepherd's several times, but I never liked the man for his Morals, and therefore never liked to be in his company.  L. C. J. Jones, 
He pulled the Paper out of his bosom.  Mr. Cornish, 
It is as great an untruth as ever was told in the world; but, my Lord, seeing he takes this freedom to charge me, I desire to know whether he stands here as a lawful Evidence?  L. C. J. Jones, 
What is your Exception?  Mr. Cornish, 
He stands charged guilty of Treason.  L. C. J. Jones, 
That itself does not disable him to be a Witness.  Mr. Cornish, 
Before he hath his Pardon, my Lord?  L. C. J. Jones, 
I don't know whether he hath his Pardon or not.  Mr. At. Gen. 
There is no Indictment at all upon him.  Mr. Just. Levins, 
If he were Convicted, or Outlawed of Treason, it were something; an innocent man may be charged.  Mr. Rumsey, 
My Lord, Mr. Cornish and I have been very well acquainted these fourteen years or thereabouts, and have had great concerns together; for during the time that I managed the King's Customs at Bristol, six years I was there Collector, he did return between 3 and 400000 l. for me; he is a very honest Gentleman, and I appeal to himself, whether I take delight to appear here to accuse him.  Mr. Cornish, 
But Colonel, what is the reason that you have not accused me all this while?  Mr. Rumsey, 
Mr. Cornish, I hope that is not an objection, I think I suffer for it and not you; it was compassion, and the same compassion makes you deny it to save others; if you would deal openly, I make no doubt, but you might partake of the King's favour yet, as well as I have done.  Mr. Cornish, 
I do thankfully accept of His Majesty's favour at all times, but I thank God I am innocent in this matter, and do not stand in need of it.  Mr. Rumsey, 
And you say I accuse you falsely; then Mr. Cornish, you don't stand there nor I here.  Mr. At. Gen. 
Pray, will you ask him any questions?  L. C. J. Jones, 
But pray don't enter into a long Harangue.  Mr. Cornish, 
My Lord, I do humbly conceive, that he does not stand here as an Evidence.  L. C. J. Jones, 
You have the judgement of the Court for that.  Mr. Cornish, 
Before he is pardoned?  L. C. J. Jones, 
I don't talk of a Pardon; what Record have you against him?  Mr. At. Gen. 
You were present and heard that resolved before in my Lord russel's Case.  Mr. Cornish, 
My Lord, Mr. Rumsey did upon his Evidence give in, and he was obliged by his Oath to speak the Truth and the whole Truth—  L.C. J. Jones, 
Now you are making your Speech, it is not your proper time; you shall urge any thing against Mr. Rumseys evidence, or the credibility of it when it is your time.  Mr. Cornish, 
My Lord, I do here design it.  Mr. At. Gen. 
Mr. Rumsey, pray recollect; had you never any discourse with him at other times?  Mr Rumsey, 
We have had a long acquaintance, fourteen years, but in my life, I never heard him speak any thing before or since that, to my knowledge.  Mr. At. Gen. 
Mr. Cornish, will you ask him any more questions?  Mr. Cornish, 
I desire to know—  Mr. Rumsey, 
What would you know?  Mr. Cornish, 
Whether did you and I discourse of these matters at any other time?  Mr. Rumsey, 
No.  Mr. Just. Levins, 
You must not stand to Dialogue between one another, but speak as we may hear you.  L. C. J. Jones, 
You shall argue if you will, when you come to make your defence in the proper time, the improbability of any thing that he hath said, or the impossibility, or repugnancy to any truth, or any evidence that you can give to the contrary; but I say, this is not your time.  Mr. Cornish, 
I never was at any Consult in my life.  Mr. At. Gen. 
That is a name he gives it; was you never at a Meeting about a Rising?  Mr. Goodenough Sworn. Mr. At. Gen. 
Mr. Goodenough, are you acquainted with Mr. Cornish?  Mr. Goodenough, 
Yes, Sir.  Mr. Cornish, 
My Lord, I humbly conceive he is not a Witness, he stands Indicted upon an Out-lawry; I can produce it.  Mr. At. Gen. 
We do admit it.  L.C. J. Jones, 
They admit your Exception, and will answer it by producing a Pardon.  Mr. Cornish, 
I need not say any thing against him, he is known well enough.  Mr. Just. Withins, 
He was your Under-Sheriff, Mr. Cornish.  Mr. Cornish, 
Much against my will, I opposed him to the utmost; and this is nothing but malice against me.  Mr. Goodenoughs Pardon Read. Mr. Cornish, 
I do humbly conceive this can't be done, but by a Writ of Error, or an Act of Parliament.  L. C. J. Jones, 
Can't the King Pardon an Out-lawry?  Mr. Just. Withins, 
That is no piece of Law, I am sure of it.  M. A.G. 
Goodenough, pray what do you know of a Rising intended against the late King?  Mr. Goodenough, 
All that I have to give an account of is a discourse—  Mr. At. Gen. 
Answer what I ask; what do you know of a Rising by others?  Mr. Goodenough, 
I know nothing of that business of my Lord russel's; but there was a design to Rise, Sir, in London; we designed to divide it into twenty parts, and out of each part to raise five hundred men, if it might be done, to make an Insurrection.  L. C. J. Jones, 
What were these men to do when they were Raised?  Mr. Goodenough, 
They were to take the Tower, and drive the Guards out of Town.  M. A. Gen. 
Pray, acquaint my Lord and the Jury what discourse you had with M. Cornish.  Mr. Goodenough, 
Before this was agreed on by us, I chanced to be at Alderman Cornish's; Sir, said I, now the Law won't defend us, tho' we be never so innocent; but some other way is to be thought on; upon this, said he, I wonder the City is so unready, and the Country so ready. I said to him again, Sir, there is something thought of to be done here; but, says I, in the first place, the Tower ought to be seized, where the Magazine is; upon this he made a little pause, and said, I will do what I can, or what good I can, to this purpose he answered me; and about some time after, he met me upon the Exchange, and asked me, how affairs went? which I understood to be relating to what we discoursed; this is all that I can say. I never met after this, but only upon the Exchange, he asked how matters went.  Mr. At. Gen. 
Was there any discourse about seizing the Guards?  Mr. Goodenough, 
I have told you the whole discourse.  Mr. At. Gen. 
Pray, repeat it.  Mr. Goodenough, 
I told him, says I, Sir, now it is plain, the Law will not defend us, tho' we are never so innocent, or to this purpose.  Mr. Sol. Gen. 
Upon what occasion was that discourse?  Mr. Goodenough, 
Every thing going against us.  Mr. Sol. Gen. 
How?  Mr. Goodenough, 
This was in Easter Term, as near as I can remember 83.  Mr. At. Gen. 
Ay, 83.  Mr. Goodenough, 
Therefore, says I, something else is to be thought on, some course else is to be taken: to this purpose he answered me, I wonder the City is so unready, and the Country so ready.  L. C. Baron, 
What Country?  Mr. Goodenough, 
He had been in the Country, as I understood, before, that I don't know.  Mr. Cornish, 
What time was this, Sir?  Mr. Goodenough, 
In Easter Term, or thereabout, 83. I told him then, Sir, there is something thought of to be done here in London, to this purpose; but, says I, in the first place, the Tower is to be seized, where the Magazine is; so he answered me, after some pause (he paused upon it) says he, I will do what good I can, or what I can, to this purpose.  Mr. Sol. Gen. 
Did he seem to dislike seizing the Tower at all?  Mr. Goodenough, 
Not at all, Sir, it did not appear so to me.  Mr. Sol. Gen. 
What discourses had you any other time?  Mr. Goodenough, 
I never had any discourse of this matter, or any thing relating to it at any other time, but only when I came upon the Exchange, how things went.  Mr. Sol. Gen. 
And did you give him an account?  Mr. Goodenough, 
I said, well, I gave him a general answer, for that was not a place to talk in, and that I apprehended of this discourse.  Mr. Sol. Gen. 
Had you any other matters?  Mr. Goodenough, 
I had some other matters of managing the Riot, that was brought against him, and several others, and myself also.  L. C. J. Jones, 
Will you ask him any questions, Mr. Cornish?  Mr. Cornish, 
Whether his Pardon be allowed?  L. C. J. Jones, 
We heard it read.  Mr. Cornish, 
This being a Court inferior to the Kings-Bench—  L. C. J. Jones, 
Here is a Pardon under the Great Seal, Sir, and here is a Pardon of that Offence which you charge him with, and which you take to be a sufficient exception against his being a Witness, we are satisfied it is sufficient.  Mr. Cornish, 
Pray, my Lord, is not this Pardon Special?  L. C. J. Jones, 
What do you mean by that?  Mr. Cornish, 
Because, my Lord, he hath been in an Act of Treason since; therefore, my Lord, if he be not pardoned of that—  L. C. J. Jones, 
No, no, he is not Indicted for it; we can't try him now for any Treason of that nature.  Mr. Cornish, 
I humbly conceive he hath not had a Pardon for his last Treason.  L. C. J. Jones, 
I must tell you, if he be guilty of Treason, till he is Tried and Convicted, it doth not take off his Testimony.  Mr. Cornish, 
Pray, Mr. Goodenough, remember all your tricks, whether or no, was there any body present when this discourse passed between you and I?  Mr. Goodenough, 
No body but you and I.  Mr. Cornish, 
You were not so conversant in my house, I know.  Mr. Goodenough, 
Sir, I came to you about the business of the Riot.  Mr. Cornish, 
How many times might you be at my house? not three times, I believe.  L. C. J. Jones, 
You ask a question, and answer it yourself.  Mr. Cornish, 
My Lord, I desire to know, where it was these words were spoke.  Mr. Goodenough, 
Sir, in your lower Room.  Mr. Cornish, 
In my own house?  Mr. Goodenough, 
Yes, Sir.  Mr. Cornish, 
And no Company there?  Mr. Goodenough, 
And no Company.  Mr. Cornish, 
That is very strange, and that afterwards you should meet me, and discourse this matter again.  Mr. Goodenough, 
No, Sir, all I say, is this, you met me upon the Exchange, and asked me how things went.  Mr. Cornish, 
That might be in reference to the Suit you were managing for the Rioters; I know of nothing else.  Mr: Just. Withins, 
And I tell you, Mr. Cornish, that was a Branch of the Plot; take that from me.  Mr. Cornish, 
My Lord, he was Attorney in that Cause, and I might ask, how matters went in reference to that Trial, but I take God to witness, nothing else, as I remember.  L. C. J. Jones, 
But here you say, it was a strange thing that Mr. Goodenough and you should be in a Room alone, when you acknowledge him to have been the Attorney in a Cause of mighty consequence among you.  Mr. Cornish, 
He was concerned for all, and I steadfastly believe he was never with me twice about that Suit; but he hath been at Sir Thomas Players; there he often went about that affair; and I do not believe that ever he came to me about that business.  L. C. J. Jones, 
Is that all you have to say to him, Sir?  Mr. At. Gen. 
Will you ask him any more questions? if not, go on, we have done.  Mr. Cornish, 
My Lord, Colonel Rumsey is a person that hath acquainted the Court, that there was a long acquaintance between him and me. I have served His Majesty in my Place, and do it to this day. My Lord, it is a very improbable thing, that I should meet him at Mr. Shepherd's, where I saw such wicked and horrible do; and that he should never afterwards speak to me about that affair; he came to my house, I remember, about the return of some Moneys for his own private use; for he was then out of His Majesty's Employment. He does declare here, he never said a word to me, never spoke to me any thing of i● but there. My Lord, it is very strange thing, that there should be such a Contrivance to ruin the King and Kingdom, and that I should be one in this business this Villainy, and not be consulted how to carry it on, it is very strange, they should seem, and never say a word of it afterwards to me. My Lord, I hope, and you Gentlemen of the Jury, that you will consider the improbability of it; it is as improbable as any thing in the world. I hope it doth appear to your ●o●●sh●p and: Bench that there is no probability in it; he owns we had a great deal of freedom; he owns we were acquainted for fourteen years together, and that I should be at such a wicked villainous place once, and see him so often afterwards, and never speak of it, and never say any thing of it, the Great God of Heaven and Earth, before whom I stand, knows that I know nothing of all that he hath sworn against me: He must swear these things to save his own life; if he will take away my life, he will take away many others, without question, if he can save his own. I should not urge this, but God is my Witness, I never heard any thing of a Contrivance or Plot, till my Lord Russel's Trial: These are very strange things, if so be so good a Government as we have, shall not protect such innocent men; truly, my Lord, I am as innocent as any man in this Court, if I were to appear before the great God in Judgement this moment.  L. C. J. Jones. 
Look you, Mr. Cornish, I would with all my heart allow you all the Liberty imaginable, to speak pertinently to your Defence, but to oppose confidence, and very great assurance, upon your being in the presence of Almighty God, against express Testimony, is the weakest defence that can be; if you have any Witnesses, if you have any thing to urge against the Testimony of any of these Persons, besides the improbability of it, which you have often mentioned over and over again; you shall be heard with all patience, if you have Witnesses that you will call, we will hear them likewise.  Mr. Cornish. 
My Lord I think his Treason being confessed, and not being pardoned—  Mr. Just. Withins. 
Is that all you will say, Mr. Cornish?  Mr. Cornish. 
I hope you will bear a little with me, I am highly concerned.  L. C. J. Jones. 
You are so.  Mr. Cornish. 
I have had no help, and it is well known, I am not skilful in the Law. I don't understand what to say, nor how to plead my Cause, having no help, nor no assistance allowed me. My Lord, it is a most improbable thing that I should be at this place, where this horrible wickedness was, and that it should lie all this time never mentioned: I have been, my Lord, several times in Prison this year, and I think my Virtue will be so much the greater, to be again and again purged, as I have been; that which hath pleased me very much, hath been my innocency: Would any man in my circumstances have stayed and continued in this Nation, if he had not known himself perfectly innocent? others have gone away, and I could as freely have gone, after I have been taken up four times.  L. C. J. Jones. 
I doubt there are a great many are not gone, Mr. Rumsey hath told you plainly, it was compassion to you, though injury to himself, that he did not accuse you sooner.  M. Just. Levins. 
Here is Gaunt stayed here till within this Week or Fortnight, and never stirred.  Mr. Just. Withins. 
Mr. Cornish, my Lord hath put you in the right way for your defence, if you can invalidate the Testimony, or call any Witnesses, do it, but to talk at this rate, you may do it this month (for aught I know) and 'twill signify no more than it hath done already.  Mr. Cornish. 
The improbability is so manifest.  L. C. J. Jones. 
Is it enough to say, improbability, improbability, improbability? Is that enough? Have you said any more?  Mr. Cornish. 
My Lord, I have said this, that this Gentleman that should be so conversant in the Town, I in his Company, and he in mine, Is it not improbable?—  Mr. Just. Levins. 
Look you, Mr. Cornish, I will tell you what the method is, to give Evidence first, and then apply it in summing up the Evidence; if you were summing it up, the Court hath all the reason in the World to hear you; if you have Evidence, the way is, to give your Evidence, and apply it if you can.  Mr. Just. Withins. 
Have you any Witnesses.  Mr. Cornish. 
Against Mr. Rumsey.  Just. Withins. 
Against any body, Mr. Rumsey if you will.  Mr. Cornish. 
My Lord, I humbly conceive that this Witness, Mr. Rumsey, ought not to stand; if your Lordship satisfies me, I shall be very much obliged to your Lourdship: He declared upon his Oath, when he swore against my Lord Russel, that he had nothing else to swear against any man.  Mr. Just. Withins. 
How does it appear?  Mr. Cornish. 
I will produce it, if your Lordship please to give me time.  Mr. Just. Withins. 
But afterwards he Discovered a great deal more.  L. C. J. Jones. 
Look you, Sir, if you have any exception against Mr. Rumsey's Testimony, we will hear you, propound a legal exception.  Mr. Cornish. 
My Lord, I hunbly conceive, he not producing his Pardon, his Evidence is not good.  L. C. J. Jones. 
You have had the opinion of the Court.  Mr. Cornish. 
If your Lordship overrule me.  L. C. J. Jones. 
We must overrule you.  Mr. Cornish. 
If that will not be granted me.  L. C. J. Jones. 
Then you have no more to say?  Mr. Cornish. 
But for my innocency, for that (I know) I have enough to say.  L. C. J. Jones. 
That is in your own breast, the Jury can't see that; Will you call any Witnesses?  Mr. Cornish. 
I have some Witnesses to call here, as to Mr. Goodenough, my Lord.  L. C. J. Jones. 
What is your exception against Mr. Goodenough.  Mr. Cornish. 
My Lord, it was my most great unhappiness and misfortune, that this Goodenough was admitted into the Office of Under-Sheriff; and, my Lord, that I might fully convince your Lordship and this Court, all that I desire is, some few men may be called; besides, I think, there are a thousand, I may say, that will bear me witness, I did oppose him.  L. C. J. Jones. 
But pray, Mr. Cornish, is that an exception that he does not swear true, because you would not let him be your Under-Sheriff?  Mr. Cornish. 
It looks like malice.  L. C. J. Jones. 
You did admit him to be Under-Sheriff, all the World knows that.  Mr. Cornish. 
But I can set forth that I did oppose him, and the reasons why I did oppose him.  L. C. J. Jones. 
You may, if you will, give Evidence, what an instrument he was to you, and how he served you in your Office, when you were Sheriff; Is this to the purpose?  Mr. Cornish. 
Yes.  L. C. J. Jones. 
It is not at all to the purpose.  Mr. Cornish. 
My Lord, I was imposed upon by my Partner.  L. C. J. Jones. 
You could not be imposed upon, you had equal Power with your Partner.  Mr. Cornish. 
If your Lordship pleases to consider the temper of that man.  L. C. J. Jones. 
What man?  Mr. Cornish. 
Bethel, I mean, what an obstinate man he was. My Lord, I hope I can purge myself greatly in these matters.  L. C. J. Jones. 
If you will, tell to what you will call them.  Mr. Cornish. 
The great aversion that I had.  Mr. Attor. Gen. 
We will admit that, he did oppose him, because he would have had more money.  Mr. Just. Withins. 
You have heard the opinion of the Court.  Mr. Just. 
It is not material whether he came in with or without your consent.  Mr. Cornish. 
Mr. Gosfright, will you be pleased to declare to my Lord, how I was imposed upon, by suffering Goodenough to be Under-Sheriff?  Mr. Gosfright. 
My Lord, after that Bethel and Cornish were chosen Sheriffs, they had some meetings together concerning an Under-Sheriff; Mr. Bethel he named Goodenough, Mr. Cornish he named another; they could not agree, the difference did arise in three or four, or more days Debate, as I remember, and Mr. Cornish did tell Sheriff Bethel, He was resolved if Goodenough were Under-Sheriff, he would Fine, and not hold, and told him the reason why, He said he was a man that he would not trust a hair of his head with, and he had no knowledge, he believed, of the business, but withal, he told him, He was a man obnoxious to the Government, and he was an ill man, and had done ill things, and he would not trust his Estate and his Reputation in the hands of such an Under-Sheriff: Bethel he insisted upon it, and he was resolved he would have Goodenough, and Cornish's Man should not be.  L. C. J. Jones. 
Who was Cornish's Man?  Mr. Gosfright. 
I know the Man, but forget his Name.  
— Millman.  L. C. J. Jones. 
Can you tell what Goodenough was to give for the Under-Sheriffwick?  Mr. Gosfright. 
No, indeed.  L. C. J. Jones. 
Was there no discourse?  Mr. Gosfright. 
Not in my hearing.  L. C. J. Jones. 
Was Goodenough Under-Sheriff to Cornish at last?  Mr. Gosfright. 
Yes Sir.  L. C J. Jones. 
How did they agree?  Mr. Gosfright. 
I believe the animosities were so great, that they were never reconciled, for Cornish had so bespattered Goodenough that he was so ill a man, that Goodenough, I believe, could never digest it well.  L. C. J. Jones: 
Did you hear any angry words, after he was admitted to be Under-Sheriff?  Mr. Gosfright. 
Truly, I never was at Alderman Cornish's while he was Sheriff: But I heard that character of him.  L. C. J. Jones. 
And that was the reason you did not go to Mr. Cornish.  Mr. Gosfright. 
No, I believe Goodenough never came there, but I was at neither of their Houses.  Mr. Just. Levins. 
Pray, how many Juries did you help him in?  Mr. Gosfright. 
Truly I was so little acquainted, I could not help him.  Mr. Justice Levins. 
I hear other People say the contrary.  Mr. Gosfright. 
I was but newly come into England, and could know no man.  Mr. Cornish. 
Alderman Love.  L. C. J. Jones. 
To what purpose do you call him, Sir? To the same?  Mr. Cornish. 
It is evidently to declare how much I was imposed upon.  L. C. J. Jones. 
Psha, I will tell the Jury, I will do this for you, upon this man's Testimony, that you were unwilling that Goodenough should be Under-sheriff.  Mr. Cornish. 
My Lord, there is a great deal more in it.  L. C. J. Jones. 
What is there more? he never heard an angry word between you, during the time, he says, afterwards you admitted him to be Under-sheriff.  Mr. Cornish. 
Mr. Love, will you please to declare to the Court, what aversion I had to Mr. Goodenough being the Under-sheriff.  Mr. Love. 
My Lord, I did receive a Sub-poena last night, and I wondered at it, I confess, ever since I was so happy to get out of public Employment, having applied myself to my private Affairs, I never came to Guild-Hall. But all I can say, is this, that when it was publicly talked upon the Exchange, meeting Mr. Cornish upon the Exchange, I did hear him inclined to have another man (one I don't know,) to be his Under-sheriff, and that he did not like Mr. Goodenough, but was inclined to another man, but it is so long ago, I believe I might persuade him, having been Sheriff above twenty years ago, to Mr. Hastings, an honest man, I got my quietus est, without trouble: But I must say this for the Gentleman, I did hear him complain, that he was imposed upon to take this man.  L. C. J. Jones. 
How long was this after the time?  Mr. Love. 
It was before they had pitched upon a man, and he was much inclined to one Mr. Milbourne or Milman, or some such name, that is all I can say.  L. C. J. Jones. 
Do you think we sit here to hear impertinencies; God forbidden, Sir, I should hinder you from giving any Evidence, but this is not at all material.  Mr. Cornish. 
If your Lordship please to let Mr. Jekyl come, he will tell you what this man did declare, why I was against him.  L. C. J. Jones. 
If you had not entertained Mr. Goodenough, then there might be something of malice in it, but you did receive him.  Mr. Cornish. 
I had private Covenants with Bethel, before I would let him come into the Office. Mr. Jekyl, pray will you declare to my Lord, and the Jury, what aversion I had against Mr. Goodenough's being Under-sheriff?  Mr. Jekyl. 
Truly, my Lord, Alderman Cornish and I, living near together, I had occasion to go to him, several times, about Bills of Exchange; and he told me, when he was Sheriff, how he was troubled with Bethel, because he would put Goodenough upon him, for I don't intent to have him, says he, for I know he is obnoxious to the King and Government, and desired me to speak to Mr. Bethel about it, but I had no acquaintance with him till he was Sheriff: And some came to me, to desire me to speak to Alderman Cornish to receive Goodenough, truly, says I, I find him so averse against him, that it is not for me to persuade him, to take a Servant he must put such trust and confidence in, for I saw Alderman Cornish was so averse to it, that I would not do it.  Mr. Sol. Gen. 
Pray, do you think, in your Conscience, he was more obnoxious to the Government than his Partner, Sheriff Bethel, was?  Mr. Jekyl. 
I must confess, I have heard much of Sheriff Bethel, but I never heard that Cornish was any disaffected man to the Government.  M. Sol. Gen. 
But which was the most disaffected man to the Government, Bethel or Goodenough?  Mr. Jekyl. 
Truly, as I remember, he said, he would not have him, because he was obnoxious to the King and Government.  Mr. Just. Withins. 
This Gentleman was in a limb of the Plot himself, as great a Rioter, and as hot as any of them, this Evidence that they call: I remember you, Mr. Jekyl, He assure you.  Mr. Cornish. 
If Sir William Turner be upon the Bench, I desire him to speak.  L. C. J. Jones. 
We will hear Sir William Turner any thing.  Mr. Cornish. 
I desire he would declare how I was used.  Sir William Turner. 
I don't remember that ever I saw Mr. Goodenough's face before this time, so I have nothing at all to say against him, nor can I say any thing, but what Mr. Cornish told me, and that was, he once came to my House some time after he was chosen Sheriff, and told me, that Mr. Bethel pressed very much for taking Goodenough to be his Under-sheriff, that he had no mind to accept him, and he would propose another, and it caused a great difference, but it was at last composed, but how I can't tell.  L. C. J. Jones. 
Now, Mr. Cornish, by my consent, if you will, call all the Aldermen upon the Bench; whether they will, or will not, say the same thing, for my part, I will agree, that they have given Evidence (if they will be contented themselves) to the same purpose.  Mr. Cornish. 
My Lord, I shall not give your Lordship unnecessary trouble, but I think it is convenient to call some Witnesses, to prove the manner of my Life and Conversation.  L. C. J. Jones. 
Your Life hath not been in the dark.  Mr. Cornish. 
The Dean of Canterbury, Dr. Tillotson, (who did not appear.)  L. C. J. Jones. 
Will any man attest your Loyalty in London?  Mr. Cornish. 
The Dean of Norwich, Dr. Sharp. Is the Dean of Norwich here?  Officer. 
No, Sir.  Mr. Cornish. 
My Lord, here is Mr. Lane, I desire he may be asked what he knows.  Mr. Lane. 
Upon the Trial of my Lord Russel, according as Mr. Cornish desires I may be heard, it is with respect to Colonel Rumsey's Evidence; Colonel Rumsey says, in my Lord Russel's Trial, he did not hear the Declaration read, because it was read before he came there.  Mr. North. 
Were you present at my Lord Russel's Trial?  Mr. Lane. 
No, Sir.  Mr. Justice Levins. 
Sir, that signifies nothing.  Mr. Cornish. 
That is a very material thing, my Lord.  L. C. J. Jones. 
What is? it is no proof at all.  Mr. Cornish. 
Not the Printed Trial?  L. C. J. Jones. 
No.  Mr. Cornish. 
It is by Authority.  L. C. J. Jones. 
Any body that was present may swear it.  Mr. Cornish. 
My Lord, I desire I may have the Minister of the Parish, Dr. Calamy, for my constancy at my Parish Church, and receiving the Sacrament, according to the Rites of the Church of England, that I am, to all appearance, a Person that does as well affect the Government as any man.  L. C. J. Jones. 
I doubt you are all appearance.  Dr. Calamy. 
My knowledge of Mr. Cornish, hath been since I came to be Minister of the Parish, which is about two years, a little above two years; whenever he was in Town he did use to come to Church as constantly as any one, and come with his Family to Prayers, and did come to the Sacrament, and he did not only come at Easter, to save himself from a Presentment, but at our monthly Communion, and since I have been Minister of the place, I have often conversed with him: All that I can say, is, that I never heard him say a disrepectful word of the Government.  L. C. J. Jones. 
I hope he took you to be a man of another Kidney.  Dr. Calamy. 
I marked his words, because of the Character I had heard of him.  Mr. Att. Gen. 
Pray, what was the Character he had before those two years?  Dr. Calamy. 
That was what was public.  Mr. Cornish. 
Joseph Reeve, Esq;  Mr. Reeve. 
My Lord, I received a Sub-poena, from the Prisoner at the Bar, yesterday. I have been acquainted with him about fourteen or fifteen years, and had a considerable trade with him, and sometimes we had some conversation, and drank a glass of Wine together; I thought he was always very Loyal, and drank the late King's Health, and this King's Health, and all the Royal Family. I have no more to say.  Mr. Cornish. 
Mr. John Cook.  L. C. J. Jones. 
What do you examine this Witness to;  Mr. Cook. 
My Lord, I have dealt with him for these twenty years last passed, I always found him a very honest man, and a just man, and very upright in his dealing, I always reckoned him a very honest just man: I have dealt with him for great sums, and always knew him very just and upright.  L. C. J. Jones. 
Your Observation of him, as to the Government.  Mr. Cook. 
I never knew any thing to the contrary, but that he was always very Loyal.  Mr. Cornish. 
Mr. John Knap.  L. C. J. Jones. 
Mr. Cornish, it is not impossible for you to produce men enough, that shall say, they know nothing against you, concerning the Government, and that you have been a Loyal man, sure those you choose will say so, you have chose them, and, perhaps, if it were the business of the King's Counsel, they could do contrary: you are not accused touching your general Conversation, but concerning a particular Fact.  Mr. Cornish. 
It is improbable I should be a Person ever concerned in these matters, if you consider, you find Cornish mentioned only about being there.  L. C. J. Jones. 
Does not Mr. Rumsey tell you the meaning why?  Mr. Cornish. 
It is very strange a Man should be at such an Hellish Meeting, and I see him over and over so many times, and never speak of it again.  L. C. J. Jones. 
Mr. Cornish, Do not you know that Goodenough could not be produced, till the Rebellion in the West?  Mr. Cornish. 
Is it probable that I should entertain any Treasonable Discourse with Mr. Goodenough, when I had so much opposed him in coming into the Office?  L. C. J. Jones. 
But you let him in.  Mr. Cornish. 
It is known to hundreds in this Town, that I was imposed upon by an unreasonable Man, my Innocency is as great as any Man's, and my Virtue should be considered, when I have been under these impositions; I have been Loyal and Dutiful to my Prince, and Faithful to the Government in all respects; I have opposed all manner of Heats, as much as any Man whatsoever; I can bring hundreds to show, that where I heard Heats I allayed them, and it is strange I should be such a Man as I am represented here  L. C. J. Jones. 
Have you done, Sir?  Mr. Cornish. 
My Lord, I have thus much further to say, that I do think there is no probability that I could be at this Meeting, though a Man should have a care how he takes God's Name in vain, I have said it, and I do in the presence of the Great God of Heaven declare it, I was never at any Debate about these Affairs; I take the Great God to Witness, I would not do it for a whole World, if I were not innocent. My Lord, it is most improbable what Mr. Rumsey says.  L. C. J. Jones. 
It is a probable thing that Rumsey should forswear himself, it is a proble thing that Goodenough should forswear himself, who have taken the Great God to Witness to the truth of what they swear against you, but it is improbable that Mr. Cornish should not speak the truth.  Mr. Cornish. 
I will call some other Friends, if your Lordship please, to prove my Loyalty.  Mr. Knap. 
I ever found him a fair, good Paymaster.  Mr. Attor. Gen. 
He calls you for his Loyalty. Did you never hear him speak any thing against the Government?  Mr. Knap. 
I have not been in his Company but now and then.  Mr. Cornish. 
Did you ever know me speak any thing against the Government?  Mr. Knap. 
No Sir.  L. C. J. Jones. 
I marvel that you, who have been an Alderman a great while, don't call some of the Aldermen; you have called Sr. William Turner, a very worthy Alderman, I wonder you don't call some others of your Brethren, that are known Persons.  Mr. Cornish. 
Mr. Carleton.  Mr. Carleton. 
I have been acquainted with my Cousin Cornish ever since the year 61, when, being a Merchant, Trading in Cloth, I began my acquaintance with him, and afterwards, he recommended me to the Party I Married, and being Relations, we had great intimacy together; I have been several times at his House, he did always assure me of his Loyalty; I have told him what I have heard People say abroad, but he did assure me he was Loyal, and I do hope the very same of him.  L. C. J. 
But you remember you have heard that he was not a Person of such eminent Loyalty.  Mr. Carleton. 
That was upon the account, my Lord, of his being in with Betbel, but he did always assure me of it.  Mr. Cornish. 
My Lord, I hope your Lordship will consider what temper the Man was of that I was to be with, and how obstinate he was, and I hope I shall not answer for his Crimes.  Mr. Just. 
Mr Cornish, Why did you qualify yourself to serve with him, for you were not at first qualified?  Mr. Cornish. 
I had been Travelling up and down in the Country.  Mr. Just. 
At that time to qualify yourself to be an Officer, than you could lay aside all your Scruples, and receive the Sacrament.  Mr. Cornish. 
Joseph Smart, Esq;  Mr. Smart. 
I have known Mr. Cornish above these twenty years, and dealt with him considerably, I never knew him but a very fair Dealer.  Mr. Cornish. 
Mr. William Crouch.  Mr. Crouch. 
I have had acquaintance a great while with Mr. Cornish, and have had several deal, I found him a very honest Dealer, and a good Paymaster.  L. C. I: Jones. 
What know you of his Loyalty?  Mr. Crouch. 
For his Loyalty, I took it as the Town did, though I never knew any Disloyalty from him.  Mr. Cornish. 
Mr. James West.  L. C. J. Jones. 
Do you think you profit yourself with this Testimony?  Mr Cornish. 
I would not offend you.  L. C. J. Jones. 
No, no, you don't offend, I would gladly hear you, if there were any thing pertinent to your Defence.  Mr. Just. Withins. 
Mr. Cornish, you have this happiness, that you will be Tried by your fellow Citizens, of very good Quality and Understanding, I must needs tell you.  Mr. Cornish. 
I am satisfied I have appeared here with all the care and caution that becomes an honest Man, I have spoke nothing but what I have considered as I have been in presence of the Great God, I never was at any Meeting, nor never heard any thing of this till the Trial about my Lord Russel, never heard one word.  L. C. J. Jones. 
Gentlemen of the Jury, The Prisoner at the Bar, Mr. Cornish, is Indicted, That knowing that there was an Insurrection intended to be against the late King, of Blessed Memory, he did promise to be Aiding and Assisting in it, this is the substance of the Indictment, there have been two Witnesses Produced, Mr. Rumsey, and Mr. G●●d●nough: Rumsey's Testimony (so far as I am able to remember, after so long a Discourse, and so much time that hath been spent) was to this purpose; That the Duke of Monmouth, the Lord Russel, Ferguson, and others, being in Mr. Sheppard's House, there came at length Mr. Cornish, and excused himself for coming so late, and said, That he was to departed from them very speedily, because he was to go to attend the Business (as I take it) of the Charter, where the presence of an Alderman was necessary, and none like to be there but himself; That Ferguson pulled a Paper out of his Bosom, so says Mr. Rumsey, and upon the desire of the Company, it was read to Mr. Cornish, and Sheppard held the Candle; there were these two points, Rumsey says, they had agreed on in that Paper, When the Rising should be, they would declare for Liberty of Conscience, and for the Restitution of those Lands, Bishop's Lands, and King's Lands, to those Persons from whom they had been taken after the King's Restauration: This Paper being read to Mr Cornish, he said, He did like it very well (these were the very words of Rumsey) and with that poor Interest that he had in the World, he would join in the Assistance of them, for those ends and purposes that were mentioned in that Declaration. Then comes Goodenough, and he tells you, That he came to him in his Parlour, when he was Sherriff, said, Now there was no safety, no defence at all by Law, all was gone, there must be some other course taken, for the Law would not sufficiently protect them; Why? says Mr. Cornish, I marvel they are so slow in the City, when they are so ready in the Country; Ay, but says Goodenough again to him, there hath been something done in the City; this was after the time that the City had been put into several Divisions. I don't see there is any Testimony from Mr. Goodenough, that Mr. Cornish knew any thing of that, but says he, There is something done here, the Tower is to be seized, there is the Magazine, and that is to be seized upon, and then we shall be able to do something, says he, I will do what good I can, or, says he, what I can, he is not confident whether of these Expressions he did use, I will do what good I can, or I will do what I can. Afterwards he meets Mr. Cornish upon the Exchange, here, I confess, it is not so expressly to be applied to this purpose, that it doth fasten directly upon the point in the Indictment, but says he, How do Affairs go? How do our Affairs go? says he, very well: This is the Testimony given against him. If this be true, notwithstanding Mr. Cornish's protestations of his Innocency, sure there is nothing doth more plainly prove this Indictment, than this Testimony. He says it is Improbable, very improbable that I in my circumstances, that I should say so, it is improbable, because Mr. Rumsey had Acquaintance with me for fourteen years together, that I have dealt with him for vast Sums, and that I should say it in his presence never but once, and that Rumsey does say, He never heard him speak any thing to that purpose, but that one time, and therefore it is mighty improbable I should say so. But what is the reason, says he, that this was not discovered before? To this Rumsey gives a very positive answer, Truly, says he, Mr. Cornish, I had more Compassion for you, than for myself, I have suffered for it, you have not suffered for my silence. Then Goodenough ought not to be allowed to be a competent Witness, because when Mr. Cornish and Bethel were chosen Sheriffs of the City, Mr. Cornish was much against receiving Goodenough to be his Deputy, and Goodenough must say all this maliciously against him, because he so much opposed his being Under-Sherriff to him and Bethel, he hath produced several Witnesses to that purpose, and they say there was some reluctancy in him to the receiving Goodenough to be his Under Sherriff, but it is plain and clear to you all, gentlemans, and every body in the City knows that Goodenough was his Under-Sherriff, and how well he served him, and to what purposes I believe many of you very well know. Another improbability is, That he should admit Goodenough to come into his Parlour alone, a Man that he had so much displeased, but if so be he was once against him, he did afterwards take him not only to be his Under-Sheriff, but employed him to be his Attorney, and then he might very well admit him into his Parlour alone, to discourse of his business, as an Attorney, and this might fall in among other discourse: Gentlemen, there are several other Witnesses produced concerning the honesty of his Dealing, and the honesty of his Conversation, that they have nothing at all to say against; but Gentlemen, in a popular City, where he is, and hath been so well known, it is a very easy matter to bring millions of Men to give the very same Testimony, and certainly he will bring none, having the choice of them, but such as shall speak in his favour; but he speaks in the presence of God, he speaks from the bottom of his Heart, that he never had any such disloyal Thought entered into his mind: Gentlemen, Hath no body any sense of the presence of God but Mr. Cornish? Hath not Rumsey called God to be a Witness to his Oath? and Goodenough hath done the like? Why is it maliciously against the Life of Mr. Cornish? for I don't know he does, in the least, object any thing against Rumsey, that there was ever any displeasure between them two, Why should he deliver this Testimony if it were not the Testimony of his heart? and that which he says himself, he had too long concealed out of the compassion he had for him. Gentlemen, if a great many Protestations and Asseverations should make a man as innocent as confident, no man should die by the Sentence of the Law; it is an easy matter for any man to take up the same assurance and confidence that he hath done: And for his being such a Churchman, as he now pretends himself to be, for that is one thing by which he would argue the improbability of the thing, and he would have you believe very much of his Loyalty from it. Gentlemen, all the Evidence he hath given, is but of two years standing, and since the Trial of my Lord Russel; and such a man as he, and many men that were conscious to themselves of their Gild, did think it very fit to purge themselves that way, to gain themselves a good opinion that they were Loyal to the Government: But it is not denied by Mr. Cornish, that before that time he did not frequent the Church, nor receive the Sacrament.  Mr. Cornish. 
These seven years, my Lord.  L. C. J. Jones. 
Who did say so? Sure no body said so yet. I repeat the evidence truly, all you said of that was out of the mouth of Dr. Calamy.  Mr. Cornish. 
Dr. Calamy came in but lately and his Predecessor Dr. Whitchcot is dead.  Mr. Justice Withins. 
Sir, you were not qualified for your Office if you had not took the Sacrament.  L. C. J. Jones. 
You did lay aside all your Scruples to Qualify yourself to be Sheriff by receiving the Sacrament, which otherwise you could not have been. Others that have spoken of your Conversation likewise say, That the report was abroad, that you were not so Loyal and Firm to the Government as you ought to have been. Gentlemen, you have heard the Evidence; I have done my endeavour to repeat it faithfully, if you believe that he did Promise to Aid or Join, or Agree with that Rebellion or Insurrection, than you ought to find him Guilty of this Indictment.  Mr. Cornish. 
I am as innocent as any mortal man.  Then the Jury withdrew, and after a considerable time returned. Mr. Cornish. 
My Lord, I hope I may have one word.  Mr. Justice Withins. 
No, not till your Verdict.  Mr. Bar. Gregory. 
No, no, Mr. Cornish, we can't.  Mr. Cornish. 
I had a Witness more that was very material, but I would not offend your Lordship: Mr. Rumsey said Mr. Sheppard held the Candle.  M. Justice Withins. 
Why did not you call him? you called a great many impertinent Witnesses.  Mr. Cornish. 
I was not come to him, I would have called them in order.  Mr. Bar. Gregory. 
Why did not you produce him then?  Mr. Cornish. 
Because your Lordship seemed to be Angry.  Mr. Bar. Gregory. 
No, not at all.  Mr. Cornish. 
I did forbear purely upon that account. I pray, my Lord, let him be called.  Mr. Bar. Gregory. 
Here were Eight Judges and my Lord Chief Justice, and now here is only Two: Do you think we will defer things of this nature? It is never asked Apply yourself to the Judges: It is a strange thing.  Mr. Justice Withins. 
This is only to delay time.  Mr. Bar. Gregory. 
If he does so the Jury must go out again.  Mr. Justice Withins. 
After the Jury hath been out an hour, we must have new Allegations.  Mr. Cornish. 
I was tender of offending.  Mr. Justice Withins. 
That is a Reflection upon the Court; under favour, Mr. Cornish, I told you myself, over and over to call your witnesses.  Clerk. 
Elizabeth Gaunt, hold up thy hand.  Mrs. Gaunt. 
My Lord, I beseech you, hear me, you won't take advantage I hope of me.  Mr. Justice Withins. 
I declare my opinion freely, it ought not to be done.  Recorder. 
I think she ought to have it as well as tother.  Mr. Bar. Gregory. 
You called never a Witness.  Mrs. Gaunt. 
No Sir, I could not tell, I have some to call.  Mr. Justice Withins. 
I am of that opinion you ought to take the Verdict.  Then Judges came again upon the Bench, and the Jury found Mrs. Gaunt guilty. L. C. J. Jones. 
Is Rumsey come in?  Capt. Richardson. 
I have sent for him, he will be here presently.  Mr. Cornish. 
My Lord, I must pray your Lordship, to consider my tenderness in offending you, which made me omit calling Mr. Sheppard, I had him in my paper, he is in my paper.  L. C. J. Jones. 
Don't you begin your preface something untowardly, as though the Court would not do you all the kindness possible, half a dozen times you were admonished to call for pertinent Witnesses, you did call I am sure a great many impertinent Witnesses. Had you Mr. Sheppard's Name in your paper?  Mr. Cornish. 
Yes, my Lord, but I was tender of offending, pray, my Lord, be pleased to remember Mr. Rumsey's Evidence.  L. C. J. Jones. 
Is Mr. Rumsey here? Sir, pray hold your tongue.  Mr. Att. Gen. 
I would acquaint you, my Lord, I sent a Sub-poena for Mr. Sheppard, but could not find him, but I understand that Mr. Cornish's Son was with him yesterday, and he has absconded; this I will give an Account of upon Oath: This, my Lord, is a dangerous Practice after Examination, and after the Jury is withdrawn.  Mr. Cornish. 
I pray do not aggravate the matter.  Mr. Att. Gen. 
I must do my Duty for the King.  Ma. Cornish. 
My Son went to him, and found him at Church.  Mr. Att. Gen. 
Now Mr. Atterbury is gone. I desire you should have all your right, but not have tricks put upon the King's Evidence.  Mr. Cornish. 
His Evidence was, Mr. Sheppard's holding the Candle.  Mr. Justice Levins. 
For, God's sake, could you examine so many to your Reputation, and forget an Evidence that was material; but, I must tell you, if you will bring Mr. Sheppard to be examined, sure it is requisite, that the Witness that swears what you did there, should be face to face with him, therefore Mr. Rumsey should be here certainly.  Mr. Justice Withins. 
It is fit to have Atterbury here, to inquire if he did abscond, if Mr. Cornish's Son was with him, and he absconded upon that account, it is very material. This is a mere trick put upon the King's Evidence.  L. C. Baron. 
Mr. Cornish, if you intent to produce Mr. Sheppard for that, to contradict Rumsey's Testimony, I wonder that you should miss him, without you have had some notice since.  Mr. Cornish. 
My Lord, I was not come to him, my Lord, though I have such a vile Charge, I am perfectly innocent.  Mr. Justice Withins. 
Now you may see what we have got.  Mr. Cornish. 
I beseech you, my Lord, consider me, it is as improbable a thing as any in the World.  L. C. J. Jones. 
This is running over the same thing twenty times. Where is Sheppard?  Mr. Cornish. 
He was here within this quarter of an Hour.  Mr. Just. Withins. 
Mr. Cornish, Is this fairly done, when you said he was upon the spot?  Mr. Att. Gen. 
He was Sub-poenaed by you, he would not be found to be Sub-poenaed by the King.  Mr. Just. Levins. 
To make the Court come down, and then to have no notice of the Person at all; sure you may give the Court leave to take notice that they are not civilly dealt with.  L. C. J. Jones. 
Who told you he was here?  Mr. Cornish. 
This Gentleman says, he saw him. Pray, my Lord, don't be offended.  L. C. J. Jones. 
I never saw such a thing, the time was, you and your Partner would not have allowed it.  Mr. Att. Gen. 
If he comes, I will give him his Oath.  Mr. Cornish. 
My Lord, here is Major Richardson can bear Witness, I said I must Sub-poena Mr. Sheppard; I named him before Major Richardson again and again, and said, I must not omit him.  Mr. Just. Levins. 
Sir, I tell you what, you han't showed so little skill to day here, but that you could maintain so long a Discourse with Mr. Rumsey as you were allowed to do, and should not offer to call Sheppard to contradict him, you dwelled half an hour upon it.  Mr. Bar. Gregory. 
And relied only upon the improbability of the thing.  Mr. Rumsey. 
There is another Gentleman in the Tower, the late Lord Grey, that was in Company, that can bear Witness of it, that he was in Company when the Declaration was read.  Mr. Bar. Gregory. 
Have you been in Company at Shepherd's?  Mr. Cornish. 
I have been at Sheppard's very often. Pray, my Lords, don't be offended, my Life will do you no good, I don't know but here is a Gentleman that hath been in my Company forty times over since that business.  Mr. Rumsey. 
Pardon me, Mr. Cornish, not above three times since, and then there was other Company.  Mr. Just. Withins. 
It is impossible for any, but those that were Complices with you, to give such Evidence, and, because they were your Complices, now you won't believe them.  L. C. J. Jones. 
Are you Sub-poenaed by Mr. Cornish?  Mr. Sheppard. 
I have a Sub-poena from the King.  L. C. J. Jones. 
But were you Sub-poenaed by Mr. Cornish?  Mr. Sheppard. 
Yes.  Mr. Att. Gen. 
When?  Mr. Sheppard. 
Last night, this morning I was not at home.  Mr. Att. Gen. 
Was Mr. Cornish's Son with you yesterday in the afternoon?  Mr. Sheppard. 
Yes, Sir.  Mr. Att. Gen. 
And what Discourse had you with his Son?  Mr. Sheppard. 
He was very pressing and urgent with me to be here to day, and I told him, I could not tell whether I could or not.  Mr. Att. Gen. 
Is there any Account between you and Mr. Cornish?  Mr. Sheppard. 
Yes, Sir.  Mr. Att. Gen. 
To what sum?  Mr. Sheppard. 
We were always Trading.  Mr. Att. Gen. 
That is very true, you were Trading.— To what value?  Mr. Sheppard. 
About one or two hundred Pounds.  Mr. Att. Gen. 
Who is Debtor?  Mr. Sheppard. 
I am Debtor.  Mr. Soll. Gen. 
Mr. Sheppard, since when did you Contract that Debt?  Mr. Sheppard. 
Since when, Sir;  Mr. Soll. Gen. 
Ay.  Mr. Sheppard. 
I believe it was some six or eight Months ago.  Mr. Soll. Gen. 
For what was it? Upon what Account?  Mr. Sheppard. 
For Cloth, Sir?  Mr. Soll. Gen. 
Was there no money lent?  Mr. Sheppard. 
Money lent me?  Mr. Soll. Gen. 
Ay, Sir.  Mr. Sheppard. 
No, Sir.  L. C. J. Jones. 
Is the Debt due to Mr. Cornish?  Mr. Sheppard. 
My Lord, the Debt is due to him.  L. C. J. Jones. 
Or some body for whom he is a Factor?  Mr. Sheppard. 
I am indebted to Mr. Cornish, for whom it is I canted tell.  Mr. Soll. Gen. 
Did you leave word, whither you went, when you went out yesterday?  Mr. Sheppard. 
No, Sir.  Mr. Soll. Gen. 
Which Sub-poena was served first upon you?  Mr. Sheppard. 
Mr. Cornish's yesterday.  Mr. Soll. Gen. 
What time yesterday was it served upon you?  Mr. Sheppard. 
Presently after I came out of Church in the afternoon, Sir.  L. C. J. Jones. 
What have you to say?  Mr. Cornish. 
My Lord, Mr. Rumsey was pleased to give in his Evidence, that I had been at a Consult or Meeting at Mr. Shepherd's House, where Mr. Ferguson should pluck out a Declaration out of his Bosom, and should read it by the Candle, and Mr. Sheppard should hold the Candle to him while he read it.  L. C. J. Jones. 
Do you remember, Mr. Cornish was ever at your House?  Mr. Sheppard. 
At one of those Meeting that was at my House, Mr. Cornish came into the House to speak a few words with the Duke of Monmouth, or some other, I can't be positive in that, it is so many years ago, and did not stay half a quarter of an hour in the House; I came up stairs, and went out with him, and there was not one word read, and no Paper seen while he was there.  Mr. Just Levins. 
Was Mr. Cornish in the room with the Duke of Monmouth and those others?  Mr. Soll. Gen. 
Mr. Sheppard, Do you remember that the late Duke of Monmouth, the Lord Russel, the Lord Grace, and Sir Thomas Armstrong were there together, and the Declaration read?  Mr. Sheppard. 
I remember there was a Declaration read, Ferguson pulled out a Declaration out of his shoe, he pulled off his shoe, and pulled it out there.  Mr. Soll. Gen. 
Do you remember Mr. Cornish was by, any time that night?  Mr. Sheppard. 
Truly I can't say whether it was that night when the Paper was read, but I do positively say, that there was no Paper read, for he was not looked upon to be of the Company: Mr. Ferguson told me positively, there is the Duke of Monmouth, my Lord Grace, my Lord Russel, Sir Thomas Armstrong, Coll. Rumsey, myself and you.  Mr. Soll. Gen. 
Who did Mr. Cornish come to speak with, when he came to your House?  Mr. Sheppard. 
Truly I don't know whether it was with the Duke of Monmouth.  Mr. Soll. Gen. 
How came Mr. Cornish to know the Duke of Monmouth was there?  Mr. Sheppard. 
Truly my memory will not call it.  Mr. Sol. Gen. 
Did his Coach stand publicly at your Door?  Mr. Sheppard. 
Whose Coach?  Mr. Sol. Gen. 
The late Duke of Monmouths.  Mr. Shep. 
No, Sir, they came all private, there was no Coaches at the door that I saw, I let none of them in.  Mr. Sol. Gen. 
Was Mr. Cornish but once there, when the Duke of Monmouth was there?  M. Shep. 
But once.  Mr. Sol. Gen. 
Did he call the Duke of Monmouth out to him?  Mr. Just. Street. 
How came you to carry him up to the Duke of Monmouth, if he were none of the Company?  Mr. Sheppard. 
Mr. Cornish did go up into the Room, and spoke with the Duke of Monmouth, or some other Person, but I think the Duke of Monmouth.  Mr. Sol. Gen. 
Do you remember he was there in Company, when Coll. Rumsey was there?  Mr. Sheppard. 
No I can't remember that.  Mr. Rumsey. 
My Lord, when I came to Mr. Sheppard's House, Mr. Sheppard came down and fetched me up, and I delivered my message I had to the D. of Monmouth, and to the Company, and indeed I was not a quarter of an hour there, I believe, but by that time I had spoke my words, some body knocked at the door, and Mr. Sheppard went down, and immediately brought up Mr. Cornish into the room, without ask a question of any body; and when he was come into the room, Mr. Cornish said, he could not come sooner, because he had business, and could not stay, because there was a Committee, for the management of the Charter, to meet that night, and there was a necessity of his being there, because there was never another Alderman in Town, and there must be an Alderman there.  Mr. Att. Gen. 
Mr. Sheppard, Do you remember any thing of that?  Mr. Sheppard. 
No, Sir, I do not remember it, I'll assure you.  Mr. Sol. Gen. 
Did you let him in at door?  Mr. Sheppard. 
No, Sir, I had word brought me up stairs, that Alderman Cornish was below, and I went down, and brought him up.  Mr. Sol. Gen. 
Did you ask for Mr. Cornish to come up?  Mr. Sheppard. 
I don't remember I did: When Mr. Cornish was there, there was not above three Persons.  Mr. Sol. Gen. 
Who were they?  Mr. Sheppard. 
There was the Duke of Monmouth, and there was Mr. Ferguson, and truly I can't tell whether t'other was my Lord Russel or my Lord Grace.  Mr. Justice Levins. 
You acknowledge now, Sir, you did carry the Prisoner up to the Duke of Monmouth and those Persons, Did you use to carry all Persons up there?  L. C. J. Jones. 
There was a Cabal of Rebels met together, and you go and bring up this man to them, without any leave or licence from them, which is incredible, certainly, unless you knew him to be one of the Company, and equally engaged with them.  Mr. Sol. Gen. 
Mr. Sheppard, you say, when Mr. Cornish came up, there was not half the Company there, Had they been there, or were not they yet come?  Mr. Justice Withins. 
Look you, Sir, it is marvellous how Mr. Cornish, if he were none of the Parties, should have notice that the Duke of Monmouth was there, who came in privately at the backdoor, and came to speak with him there.  Mr. Sheppard. 
My Lord, I have no backdoor.  Mr. Just. Withins. 
He came in privately.  Mr. Justice Levins. 
Mr. Sheppard, I think I heard you say, they came privately without their Coaches.  Mr. Sheppard. 
Yes, Sir, they had no Coaches.  Mr. Just. Levins. 
They came privately, I suppose, that no body should know they were there.  Mr. Sheppard. 
I suppose so, Sir.  Mr. Just. Levins. 
Why then did you carry Mr. Cornish up? If you were below in the House, he might come about your own business, but to be carried into the Chamber where they were, looks as if it were about their business.  Mr. Cornish. 
I never heard any thing of the business, my Lord.  Mr. Att. Gen. 
So far, Gentlemen, you remember he confirms what Mr. Rumsey says, that Gentleman denied he was there with the Duke of Monmouth.  Mr. Cornish. 
Pray Mr. Attorney don't strain, I have deal with Mr. Sheppard, and have been often there, but never at any Meeting.  Mr. Att. Gen. 
He says, you spoke with the Duke of Monmouth.  Mr. Cornish. 
I never saw the Declaration, he declares it.  L. C. J. Jones. 
Had you any deal upon Account with the Duke of Monmouth?  Mr. Cornish. 
Never for a Farthing.  Mr. Just. Withins. 
What business had you with him then?  Mr. Cornish. 
I don't know but I might inquire for him in other places.  L. C. J. Jones. 
Your own Witness carried you up.  Mr. Cornish. 
My Lord, if he did, I did not stay, he says Mr. Sheppard held the Candle.  Mr. Just. Withins. 
Mr Cornish, he confirms great part of what Mr. Rumsey says.  Mr. Cornish. 
Not one tittle, for he declares I was not of the Company.  L. C. J. Jones. 
He says no such thing.  Mr Sheppard. 
My Lord, to my knowledge, I can safely say, he knows nothing of it.  L. C. J. Jones. 
And yet you could bring him up among them.  Mr. Sheppard. 
My Lord, I declare I never spoke any thing to him in my life about the business, nor never in any Company.  Mr. J.W. 
It is plain, Mr. Rums. says he was the man that brought you up; How should Mr Rums. know that?  Mr. Attor. Gen. 
Mr. Sheppard, I will ask you this Question; Had you order from that Company not to bring up any Person? Do you remember you swore so at a former Trial.  Mr. Sheppard. 
I remember when I was there, they desired I would let none of my Servants up, and that I would go down and fetch up what they wanted, and I fetched up Wine and what they wanted.  Mr. Sol Gen. 
Mr. Sheppard, Why were none of your Servants to come up?  Mr. Shep. 
Because they were in private, Sir.  Mr. Sol. Gen. 
Were Strangers to come up therefore?  Mr. Sheppard. 
It is so long ago, I can't remember.  Mr. Just Levins. 
They came privately, without Coaches, because none should know they were there, and you carry Mr. Cornish up to them.  Mr. Cornish. 
I think this Witness is confronted.  L. C. J. Jones. 
Hold your Tongue, Sir, he hath not done yet.  Mr. Rumsey. 
My Lord, as soon as Mr. Cornish had made his excuse for his not coming sooner, and that he could not stay, I could not make that, and Mr. Cornish can't say I would do any thing maliciously or spitefully against him; my Lord as soon as he had done, all the Company went about him, and some body did tell him, They would tell him what they had done; they told him the Declaration had been read, that Mr. Ferguson had prepared it, and they said, Look you, Mr. Cornish, you shall hear it read, and with that, this Gentleman, though he denies it, did take the Candle, and held it, they did not come to the Table, but the Company stood round while Mr. Ferguson pulled it out of his Bosom.  Mr. Just. Withins. 
Mr. Sheppard, you are very forward.  Mr. Attor. Gen. 
My Lord, I would ask Mr. Sheppard a Question.  Mr. Rumsey. 
My Lord, the Declaration was read, and Mr. Cornish did approve of it, and did say, With that small Interest, or little Interest, or words to that effect, that he had, he would assist.  Mr. Attor. Gen. 
I wonder why you did not give me notice when you came in the morning. Why did not you give notice?  Mr Sheppard. 
I was here attending from Eleven a Clock, till half an hour after three.  Mr. Attor. Gen. 
Did you send in any word.?  Mr. Sheppard. 
I could not tell who to send in: I was here expecting to be called.  Mr. Street. 
You have had a favour that no man ever had.  Mr Sol. Gen. 
Gentlemen, there hath been a very great indulgence given to the Prisoner, and it is to show you what tenderness a Court of Justice hath, and always will have, of the lives of the King's Subjects: After a full Evidence, though he had neglected his Defence, yet you were again sent for into Court, to hear what further Evidenee he had to offer to you; I cannot but observe, this looks like a subtle Contrivance on the Prisoner's part; you see what endeavours have been made by Mr. Attorney General, to have had him here a Witness for the King, you have observed he hath told you he had a Subpoena left for him, but he was absent, in what Company he was absent yesterday, he hath told you, With Mr. Cornish's Son; this morning he was not to be found, after he had received this Subpoena, and a Subpoena from Mr. Cornish; he stays without, and gives no notice, but when you are withdrawn, can send intelligence to Mr. Cornish, that he hath something to say, that, he hopes, will excuse him; now what that is, I must beg you a little to observe: Truly I am very glad for the satisfaction of all men, that Mr. Sheppard hath now been here, and he is so far from invalidating any one part of the Testimony, that by all the circumstances you can collect from this Evidence that is given, it is a corroboration of it: Mr. Cornish was accused of being present at Consultations that have been held against the Life of the King, and for raising Rebellion at Mr. Sheppard's House; his excusing his not coming there is a sufficient Argument to prove he was privy to their Meeting, he hath gone on further, & proved to you the reading the Declaration; now what says Sheppard to this Witness? Mr. Cornish, by the way, I must observe to you, before, did deny his being there; he had been sometimes in Company with Ferguson, but he did not like the man, he says, because of his Morals; now the Witness he hath produced hath given you this Testimony, that Mr. Cornish hath been there in that Company, that he came in such a manner, that no man but must be satisfied he was privy to their Designs, and did know of their Meeting, for he comes when the Duke of Monmouth, and the rest of the Conspirators, were there met in private, with a direct charge to Mr. Sheppard, that is the Witness, that they should be so private, that no one Servant should come up into the Room, yet Mr. Sheppard tells you, that when Mr. Cornish came he carried him up into the Room, without so much as acquainting any one of the Company that Mr. Cornish had a desire to come, but brings him up as if he were (and I make no doubt but you will imagine, he was) one of the Company; when he comes there, he says his business is with the Duke of Monmouth, the Head of that Conspiracy, and he himself tells you he never had any deal with the Duke of Monmouth in his life; What can a man imagine of that man that had no dealing with the Duke of Monmouth, to find him out in a place, where no mortal could know, and none was to know, and coming to him at that time and at that place, under those circumstances of concealment, no man almost but out of his own mouth must believe that he was privy to that Conspiracy, therefore though this Witness doth seem to forget some part of the Evidence, the reading the Declaration, and holdding the Candle; yet these are such circumstances that in themselves do carry a proof of the Charge, and do confirm all the rest that the Witness hath said, and this must be a great satisfaction to you, that he was there present and privy to that Design. And so I leave it to your Consideration.  Then the Jury withdrew for a short time, and returning, brought Mr. Cornish in Guilty, and found 140. l. for the King in Mr. Shepherd's hands. Clerk. 
Set Elizabeth Gaunt to the Bar, (which was done.)  Cryer. 
O yes, all manner of Persons are commanded to keep silence, whilst Judgement is giving, upon pain of Imprisonment.  Clerk. 
Elizabeth Gaunt, hold up thy hand, thou standest guilty of High-Treason, etc.  Recorder. 
You Elizabeth Gaunt, you have here been indicted for that great Crime of High-Treason, and that particular part of it, for harbouring, and comforting, and assisting, and cherishing of Traitors, more especially of one Burton; you have had your Trial, and a very fair Trial, and upon that, the Jury have found you Guilty: It is the Duty of my Place to pronounce the Sentence the Law hath provided for such high Crimes as these are, and that is no other but this,  
That you are to be carried back to the place from whence you came, from thence you are to be drawn, upon a Hurdle, to the place of Execution, and there you to be burnt to death, and the Lord have mercy upon your soul.  Mrs. Gaunt. 
I say that this Woman did tell several untruths of me.  Recorder. 
Is that all you have to say?  Mrs. Gaunt. 
I don't understand the Law.  Clerk. 
Bring Henry Cornish to the Bar. Henry Cornish, hold up thy hand, &c  Mr. Cornish. 
My Lord, now the Law hath passed upon me, I do humbly pray your Lordship, and this Honourable Bench, that you would be pleased to intercede for me with his Majesty, I shall lead a peaceable, quiet and dutiful life; and I hope, when you come to reflect upon what hath been said to day, that perhaps you will be of another mind, and have more Charity for me than you had upon my Trial, for, in the simplicity of my heart, and in the presence of God, I do declare, I am innocent, and if your Lordship, and this Honourable Bench, intercede with his Majesty, it will be an eternal Obligation upon me, and I shall live faithfully, peaceably and loyally as long as I live: I presume to beg this, and I promise myself, and hope it will stir up the hearts of some Persons, that they will not leave me destitute of friends in such a Case as this, having a Wife and several Children, it will be an act of Charity.  Recorder. 
The Court does give you your request, and if there be any misery brought upon your Family, it is done by yourself.  Clerk. 
William Ring, hold up thy hand, etc.  Mr. Ring. 
I had no notice given me, an't please your Lordship.  Recorder. 
Where is the Executioner, is he here?  Executioner. 
Yes.  Recorder. 
Why don't you do your Duty to Mr. Cornish?  Clerk. 
John Fernley, hold up thy hand; thou standest Convicted of High-Treason, for Traitorously harbouring one James Burton, What canst thou say for thyself? etc.  Mr. Fernley. 
It is very hard measure I have had, I have nothing to say, but the King's mercy.  Recorder. 
Is that all you have to say?  Mr. Fernley. 
I have nothing, but the King's mercy.  Recorder. 
Tie him up then, tie him up.  Cryer. 
O yes, all manner of Persons are commanded to keep silence, whilst Judgement is giving, upon pain of Imprisonment.  Recorder. 
You, the several Prisoners at the Bar, you have been severally indicted here of the High Crime of Treason; for you, Mr. Cornish, I apply myself first to you, your crime is for Treason that was committed in his late Majesty's life time, being one of those notorious Conspirators that designed to raise Rebellion, and others some of them immediately designed the life of his Majesty that then was, and his present Majesty, that was the design of some of them; and others, they had another part, that was, to raise Rebellion, and particularly some of them in and about this City, and it was carried on some time before it was discovered, may be a year or more, under colour and pretence of Law: For so did they invade the Government, first of all by packing of Juries, there was the foundation laid whereby to bring on that business, which they had at last designed, when they could bring it to a ripe Head. Too many Persons in that business, I believe, were very busy, meddling with that that they had not to do with, Clubbing and Caballing how to bring their Designs about, in opposition to the Government, not to support it in the least, but to overthrow it if it were possible: But then, at last, than they must take another course, for no longer could they carry it on by pretence of Law, as you, have heard to day: Now we must take other measures, and take downright blows. This is the business, Mr. Cornish, that you have been indicted for; and, I must tell you, whatever apprehensions you have to the contrary, and may please yourself in, I am sorry to see such a sort of pleasure in your Countenance, as if you had had no favour shown you. I believe the Court hath showed you more favour, and had more patience with you than ever any man that stood in your place had; for calling a Witness after the Jury hath been out, is a thing I never saw a Precedent for: And I am glad it was done, for I think it hath cleared the thing beyond all manner of contradiction, before it looked something dark for want of Sheppard, and so it is a happiness that that man was called, to convince you of many things that you protested so solemnly against, which I am sorry to see in you in this condition that you are, to make such solemn Protestations, and afterwards to call a Witness to confront you in them. For the other two, here is Mr. Ring is very notorious for harbouring a couple of Traitors, knowing from whence they came; and if it were not for such Persons as these are, that do harbour them when they fly, it may be there would not be so many bold Attempts to commit such Crimes as these are: To provide for them, and nourish them, and comfort them, after they have committed their Villainies, this does encourage them to commit their Villainies as they do, and so I reckon harbourers to be worse than Traitors themselves, they are like Receivers to Thiefs; there would not be so many Traitors, if there were no Harbourers: You have been Convicted of these great Crimes, it is too late, and not fitting to spend time any longer, but to Pronounce the several Sentences against you, which is this,  
You must, every one of you, be had back to the place from whence you came, from thence you must be drawn to the place of Execution, and there you must severally be hanged by the necks, every one of you by the neck till you are almost dead, and then you must be cut down, your Entrails must be taken out and burnt before your faces, your several Heads be cut off, and your bodies divided into four parts, and those to be disposed of at the pleasure of the King; and the Lord have mercy upon your Souls.  
FINIS.