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B30874 The tryals of Henry Cornish, Esq for conspiring the death of the King, and raising rebellion in this kingdom : and John Fernley, William Ring, and Elizabeth Gaunt for harbouring and maintaining rebels, at the Sessions-house in the Old-Bailey, London and County of Middlesex, on Monday, Octob. 19, 1685. Cornish, Henry, d. 1685.; Fernley, John, d. 1685.; Ring, William, d. 1685.; Gaunt, Elizabeth, d. 1685. 1685 (1685) Wing T2250A 67,831 45

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THE TRYALS OF Henry Cornish Esq FOR CONSPIRING The Death of the King And raising a REBELLION IN THIS KINGDOM AND Iohn 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 TRYALS of HENRY CORNISH JOHN FERNLEY WILLIAM RING and ELIZABETH GAVNT and that no other do presume to Print the same December the 1st 1685. THO. JONES THE TRYALS 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 Proceedings 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 ought 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 c. 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 falsly maliciously devilishly and traiterously with divers Rebels and Traitors to the Jurors aforesaid unknown did conspire imagine and intend 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 alter 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 inhumane and most devilish Treasons and Conspiracies Purposes and traiterous Imaginations to fulfill 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 traiterously 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 traiterously with divers other Rebels to the Jury unknown to have levied and stirr'd 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 traiterously 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 c. 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 tryed 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. Clements 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. Clements 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 ought 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
one of the Consultations concerning it and that afterwards be did withdraw himself from the Company as he saies but he saies that this Womans 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 Rochford and so to go beyond Sea And afterwards in another place in Houndsditch 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 saies and Burton himself saies 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 her self being examined saies 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 Kings 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 c. as before in the Indictment Upon this Indictment he hath been Arraign'd and thereunto pleaded Not Guilty c. 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 Gray 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 c. to this he hath pleaded Not Guilty c. 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 owe you any money Mr. Burton No my Lord. L. C. J. Jones Upon what accompt was it you received that money Mr. Burton She gave it me L. C. J. Jones Upon what accompt 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 Tryals 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 publick at Mr. Sheppards House where the Lord Russel the late Duke of Monmouth Sir Thomas Armstrong Mr. Rumsey and the late Lord Gray 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 Gray Sir Thomas Armstrong and Mr. Ferguson and Mr. Sheppard and accordingly I went I came late there my self 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 call'd