convict you if you be guilty But my Lord if you are conscious to your self that you are guilty of this heinous Crime give Glory to God make amends to his Vicegerent the King by a plain and full discovery of your Guilt and do not by an obstinate persisting in the Denial of it provoke the just indignation of your Prince who has made it appear to the World that his Inclinations are rather to shew Mercy than inflict Punishments My Lord attend with patience and hear the Bill of Indictment that hath been found against you read Read the Bill of Indictment to my Lord. Cl. of Cr. Henry Baron of Delamere Hold up thy hand L. Delamere My Lord I humbly beg your Grace would please to answer me one Question whether a Peer of England be obliged by the Laws of this Land to hold up his hand at the Bar as a Commoner must do and I ask your Grace this question the rather because in my Lord Stafford's Case it was allowed to be the priviledge of the Peers not to hold up their hands L. H. Steward My Lords this being a matter of the priviledge of the Peerage it is not fit for me to determine it one way or th' other but I think I may acquaint your Lordships that in point of Law if you are satisfied this is the Person indicted the holding or not holding up of the hand is but a Formality which does not signifie much either way L. Delamere I humbly pray your Grace's direction in one thing farther whether I must address my self to your Grace when I would speak or to your Grace with the rest of these Noble Lords my Peers L. H. Steward You must direct what you have to say to me my Lord. L. Delamere I beg your Grace would please to satisfie me whether your Grace be one of my Judges in concurrence with the rest of the Lords L. H. Steward No my Lord I am Judge of the Court but I am none of your Tryers Go on Cl. of Cr. HEnry Baron of Delamere thou standest Indicted in the County Palatine of Chester by the name of Henry Baron of Delamere of Mere in the said County of Chester For that thou as a false Traytor against the most Illustrious and most Excellent Prince James the Second by the Grace of God of England Scotland France and Ireland King thy natural Lord not having the fear of God in thy Heart nor weighing the duty of thy Allegiance but being moved and seduced by the Instigation of the Devil the cordial Love and true due and natural Obedience which a true and faithful Subject of our said Lord the King towards him our said Lord the King should and of right to bear wholly withdrawing and contriving practising and with all thy might 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 Kingdom of England to stirr up move and procure and the Government of our said Lord the King of this Kingdom of England to subvert change and alter and our said Lord the King from the Title Honour and Kingly Name of the Imperial Crown of his Kingdom of England to depose and deprive and our said Lord the King to Death and final Destruction to bring and put the fourteenth day of April in the first Year of the Reign of our said Lord James the Second now King of England c. and divers other days and times as well before as after at Mere in the County of Chester aforesaid falsely maliciously devilishly and traiterously with divers others false Traytors and Rebels to the Jurors unknown didst conspire compass imagine and intend our said Lord the King thy supreme true and natural Lord not only from the Kingly State Title Power and Government of his Kingdom of England to deprive and cast down but also the same our Lord the King to kill and to Death to bring and put and the antient Government of this Kingdom of England to change alter and wholly to subvert and a miserable slaughter among the Subjects of our said Lord the King throughout his whole Kingdom of England to cause and procure and Insurrection and Rebellion against our said Lord the King within this Kingdom of England to procure and assist and the same thy most wicked most impious and devilish Treasons and traiterous compassing Imaginations and purposes aforesaid to fulfil and bring to effect thou the said Henry Baron of Delamere as a false Traytor then and there to wit the said fourteenth day of April in the first year abovesaid and divers other days and times as well before as after at Mere aforesaid in the County aforesaid falsly unlawfully wickedly and traiterously with Charles Gerrard Esq and other false Traytors to the Jurors unknown didst assemble thy self gather together consult and agree to raise and procure divers great summs of Money and a great number of armed men War and Rebellion within this Kingdom of England to levy and make and the City of Chester in the County of the same City as also the Castle of our said Lord the King of Chester at Chester in the County of Chester aforesaid and all the Magazines in the same Castle then being to enter take seize and surprise and into thy possession and power to obtain and that thou the said Henry Baron of Delamere afterwards to wit the 27th day of May in the first Year abovesaid falsely unlawfully wickedly and traiterously didst take a Journey from the City of London unto Mere aforesaid in the County of Chester aforesaid thy traiterous purposes aforesaid to fulfil and perfect And that thou the said Henry Baron of Delamere afterwards to wit the fourth day of June in the first Year abovesaid at Mere aforesaid in the County of Chester aforesaid in further prosecution of thy unlawful most wicked and traiterous purposes aforesaid divers Liege People and Subjects of our said Lord the King to the Jurors unknown with thee the said Henry Baron of Delamere and the aforesaid other false Traytors to the Jurors unknown falsely unlawfully and traiterously in the War and Rebellion aforesaid and in thy traiterous purposes aforesaid to join and adhere didst excite animate and perswade against the duty of thy Allegiance against the Peace of our said Lord the King that now is his Crown and Dignity and against the form of the Statute in that case made and provided How say'st thou Henry Baron of Delamere art thou Guilty of this High Treason whereof thou standest Indicted and hast been now Arraigned or not Guilty L. Delamere My Lord I humbly beg the Indictment may be read again L. H. Steward Let it be read again Which was done L. Delamere May it please your Grace I humbly beg the favour to be heard a few words before I plead to this Indictment L. H. Steward My Lord Delamere I am very unwilling to give your Lordship any interruption but
an entire Confidence in your Resolution Fidelity and good Affections to Him that You will not by reason of the Prisoner's Quality and nearness to You as being a Peer of this Realm acquit him if he shall appear to be Guilty My Lords I have one thing further to mind your Lordship 's of That according to the usual Forms of Proceedings in these Cases if your Lordship's have any Questions to propound wherein You would be satisfied as to any Matter either of Fact or Law your Lordships will be pleased to put those Questions to Me and I shall take care to give your Lordships the best Satisfaction I can Lord Delamere My Lord High Steward I beg the Favour of your Grace I may have One to write for me Lord H. Steward Ay by all means Let my Lord have whom he pleases to write for him Then Sir Thomas Jenner One of His Majesty's Serjeants at Law and Recorder of the City of London opened the Indictment thus Mr. Recorder May it please your Grace my Lord High Steward of England and You my Noble Lords the Peers of the Prisoner at the Barr Henry Baron of Delamere the Prisoner at the Barr stands indicted for that He as a False Traytor against the most Illustrious and most Excellent Prince our-Soveraign Lord the King that now is not having the Fear of God in his Heart nor weighing the Duty of his Allegiance the Fourteenth Day of April last at Meer in the County of Chester did maliciously Conspire with other False Traytors to the Jurors unknown the Death and Deposing of the King And for the better and more effectual fulfilling of those his Treasons the said Fourteenth Day of April at Meer afore-said did Maliciously and Trayterously Assemble Consult and Agree with Charles Gerrard Esq and other False Traytors to Raise great Summs of Money and procure Numbers of Armed Men to make a Rebellion against the King and the City and Castle of Chester to seize with the Magazines there And that afterwards the Twenty-Seventh Day of May last he took a Journey from London to Meer aforesaid to accomplish his Treasonable Intentions And further That upon the Fourth Day of June in further Prosecution of his Trayterous Purposes at Meer aforesaid he did encite divers Subjects of our Lord the King to joyn with him and other false Traytors in his Treason And this is laid to be against the Duty of his Allegiance against the Peace of our Soveraign Lord the King his Crown and Dignity and against the Form of the Statute in that Case made and provided To this Indictment may it please your Grace and the rest of these Noble Lords my Lord Delamere the Prisoner at the Barr has Pleaded Not Guilty and for his Tryal has put himself upon his Peers We shall therefore call our Witnesses for the King and if We prove him Guilty We do not question but your Lordships will find him so Mr. Att. Gen. May it please your Grace my Lord High Steward of England and You my Noble Lords the Peers My Lord Delamere the Prisoner at the Barr stands Indicted for Conspiring the Death of His Majesty and in order thereunto to Raise a Rebellion in the Kingdom My Lords In proving this Charge upon him we crave Leave to give your Grace and your Lordships some short Account by Witnesses that we have here of a former Design that was previous to this Matter for which this Noble Lord stands here accused And We shall not trouble your Grace and your Lordships with any long Evidence because it has received many solemn and repeated Tryals and as to the Proof of it has been Confirmed by as many Verdicts But We do it rather to give some Account as an Introduction to a Material Evidence by shewing That Cheshire which was the Province of this Noble Lord was One of the Stages where that Rebellion was principally to be acted and that preparatory to it great Riotous Assemblies and Tumultuous Gatherings of the People were set on foot by the Conspirators We shall then shew my Lords That after the late Duke of Monmouth the Head of the Conspiracy went beyond Sea especially after the Death of the late King frequent Messages and Intercourse of Correspondency were sent and held between him and the rest of his Accomplices abroad and their Fellow Conspirators here at home And particularly We shall prove That a little before the Rebels came over last Summer into the West the Duke of Monmouth did dispatch one Jones who was one of the most considerable Agents in this Contrivance to come from Holland into England to let his Friends know that though he had intended to go into Scotland and begin his Work there yet now his Resolutions were for England where he hoped his Friends would be prepared for him And with this Message and Resolution of his Jones was to acquaint some Lords who they were the Witness will tell your Lordships but among others this Noble Lord the Prisoner was one And to acquaint them besides That he would immediately set sayl for England whither he would come so soon as he could get That he had a Design to have Landed in Cheshire where he expected to be most readily receiv'd but finding That inconvenient they should have notice Four or Five Days before-hand of the Place of his Landing which he intended should be in the West And among the Directions that Jones had to give to those Lords one was That they should immediately repair into Cheshire there to wait for the News These Instructions Jones had given him in Writing but Sealed up with an Injunction not to open them till he came to Sea and then he was to peruse that Writing and deliver his Message according to his Instructions And in that Writing was the Name of this Noble Lord as one that was principally relyed on to carry on the Rebellion in Cheshire And We shall give You an Account That the late Duke of Monmouth did look upon Cheshire as one of his main Supports and upon my Lord Delamere as a Principal Assistant There My Lords This Message was Jones to communicate to Captain Mathews and Captain Mathews was to transmit it to this Noble Lord and the other Persons that were concern'd with him Jones arrived with this Message here in England upon the Twenty-Seventh of May And I must beg your Lordships to observe the Time particularly But Captain Mathews to whom he was directed was not to be found nor Major Wildman to whom in the Absence of Captain Mathews he was to apply himself as You will hear more fully from the Witness 's own Mouth Thereupon he sends for one Disney a Name which your Lordships cannot but know he being since Executed for Treason and one Brand whom your Lordships will likewise hear of and they meet with this same Jones who communicates his Message to them and they undertake to deliver it to the Persons concern'd Captain Mathews being out of Town and Major Wildman
I DO appoint Dorman Newman to Print the Tryal of Henry Baron Delamere and order that no other Person presume to Print the same March 20. 1685 6 Jeffreys Canc. THE TRYAL OF HENRY Baron Delamere FOR HIGH-TREASON In WESTMINSTER-HALL the 14 th Day of January 1685. Before the Right Honourable George Lord Jeffreys Baron of Wemm Lord High Chancellour of England Constituted Lord High Steward on that Occasion On which Day after a full Hearing the Lord Delamere was Acquitted from all Matters laid to his Charge LONDON Printed for Dorman Newman at the Kings Arms in the Poultry MDCLXXXVI THE TRYAL OF HENRY Baron of Delamere Die Jovis xiv to Januarii 1685. Cl. of Cr. SErgeant at Arms Make Proclamation Serj. at Arm. O yes O yes O yes My Lord High Steward of England his Grace doth straightly charge and command all manner of persons to keep silence and to give ear to the King's Majesty's Commission to his Grace my Lord High Steward of England upon pain of Imprisonment Then the Commission was read his Grace and all the Peers standing up bare-headed Then the Staff being carried between Garter King at Arms and the Gentleman Usher of the Black Rod was with three reverences delivered upon the knee to his Grace and by him re-delivered to the Gentleman Usher of the Black Rod to hold during the Service Cl. of Cr. Serjeant at Arms Make Proclamation Serg. at Arm. O yes His Grace my Lord High Steward of England doth straightly charge and command all manner of persons here present except Peers Privy Councellors and the reverend Judges now assistant to be uncovered Cl. of Cr. Make Proclamation Serg. at Arms. O Yes My Lord High Steward of England his Grace straightly chargeth and commandeth all Justices Commissioners and all and every other person and persons to whom any Writ or Precept has been directed for the certifying of any Indictment or Record before his Grace my Lord High Steward of England That they do certifie and bring in the same forthwith according to the Tenor of the same Writ and Precept to them or any of them directed upon Pain and Peril shall fall thereon Then Sir Edward Lutwich one of his Majesty's Sergeants at Law and Chief Justice of Chester delivered in his Writ and Return at the Clerks Table The Writ of Certiorari and the Return thereof were read in haec verba L. H. Steward Call the Lieutenant of the Tower to return his Precept and bring his Prisoner to the Bar. Cl. of Cr. Make proclamation Serg. at Arms. Lieutenant of the Tower of London return thy Writ and Precept to thee directed together with the Body of Henry Baron of Delamere thy Prisoner forthwith upon Pain and Peril shall fall thereon The Prisoner was brought to the Bar by the Lieutenant of the Tower The Writ and Return thereof together with his Grace's Precept and the Return thereof were read in haec verba Cl. of Cr. Make proclamation Serg. at Arms. Sir Roger Harsnet Knight Sergeant at Arms to our Sovereign Lord the King return the Precept to thee directed together with the Names of all the Lords and Noblemen of this Realm of England Peers of Henry Baron of Delamere by thee summoned forthwith upon Pain and Peril shall fall thereon The Sergeant at Arms delivered in his Precept and Return at the Clerks Table L. H. Steward Read the Precept and the Return They were read in haec verba Cl. of Cr. Make an O Yes Serg. at Arms. O Yes All Dukes Earls Viscounts and Barons of this Realm of England Peers of Henry Baron of Delamere who by Commandment of my Lord High Steward of England His Grace were summoned to appear here this Day and are now present in Court answer to your Names upon Pain and Perii will fall thereon The Peers summoned were called over and those that appeared standing up uncovered answered to their Names each making a Reverence to the Lord High Steward Cl. of Cr. Laurence Earl of Rochester Lord High Treasurer of England L. H. Treas Here. Cl. of Cr. Robert Earl of Sunderland Lord President of his Majesty's Privy Council Lord Presid Here. Cl. of Cr. Henry Duke of Norfolk Earl Marshal of England D. of Norf. Here. Cl. of Cr. James Duke of Ormond Lord Steward of his Majesty's Houshold He did not appear Cl. of Cr. Charles Duke of Somerset D. of Som. Here. Cl. of Cr. Christopher Duke of Albermarle He did not appear Cl. of Cr. Henry Duke of Grafton D. of Graft Here. Cl. of the Cr. Henry Duke of Beaufort Lord President of Wales D. of Beauf. Here. Cl. of Cr. John Earl of Mulgrave Lord Chamberlain of his Majesty's Houshold E. of Mulg Here. Cl. of Cr. Aubery Earl of Oxford E. of Oxf. Here. Cl. of Cr. Charles Earl of Shrewsbury E. of Shrews Here. Cl. of Cr. Theophilus Earl of Huntingdon E. of Hunt Here. Cl. of Cr. Thomas Earl of Pembroke E. of Pemb. Here. Cl. of Cr. John Earl of Bridgwater E. of Bridgw Here. Cl. of Cr. Henry Earl of Peterborow E. of Peterb Here. Cl. of Cr. Robert Earl of Scarsdale E. of Scarsd Here. Cl. of Cr. William Earl of Craven E. of Craven Here. Cl. of Cr. Richard Earl of Burlington He did not appear Cl. of Cr. Louis Earl of Feversham E. of Feversh Here. Cl. of Cr. George Earl of Berkeley E. of Berk. Here. Cl. of Cr. Daniel Earl of Nottingham E. of Notting Here. Cl. of Cr. Thomas Earl of Plimouth E. of Plim Here. Cl. of Cr. Thomas Viscount Falconberge L. Falconberge Here. Cl. of Cr. Francis Viscount Newport Treasurer of his Majesty's Houshold L. Newport Here. Cl. of Cr. Robert Lord Ferrers L. Ferrers Here. Cl. of Cr. Vere Essex Lord Cromwell L. Cromwell Here. Cl. of Cr. William Lord Maynard Comptroller of his Majesty's Houshold L. Maynard Here. Cl. of Cr. George Lord Dartmouth Master General of his Majesty's Ordnance L. Dartmouth Here. Cl. of Cr. Sidney Lord Godolphin L. Godolphin Here. Cl. of Cr. John Lord Churchill L. Churchill Here. Then his Grace the Lord High Steward addressed himself to the Lord Delamere the Prisoner at the Bar in this Manner L. H. Steward My Lord Delamere the King being acquainted that you stand accused of High Treason not by common Report or Hearsay but by a Bill of Indictment found against you by Gentlemen of great Quality and known Integrity within the County Palatine of Chester the place of your Residence has thought it necessary in Tenderness to you as well as Justice to himself to order you a speedy Tryal My Lord if you know your self innocent in the name of God do not despond for you may be assured of a fair and patient hearing and in your proper time a free Liberty to make your full Defence and I am sure you cannot but be well convinced that my Noble Lords that are here your Peers to try you will be as desirous and ready to acquit you if you appear to be innocent as they will to
them that he had received a full account of my Lord Argyle's affairs and the preparations that had been made for it and accordingly he had ordered his own affairs to join with him he likewise sent Crag with a Message to the same purpose to other Friends in London and he dispatch'd away one Battescomb into the VVest to prepare things there When Crag returned back again to the Duke he gave him an account that Major VVildman had procured a Meeting with those Lords and Gentlemen that I mentioned before who were all of Opinion That the Duke of Monmouth should go for Scotland for they thought that his coming there would be the best Service he could do the interest at present and they should know the strength of the Enemy here by their sending Forces to suppess the Rebellion there There was likewise a particular Message from Major VVildman to the Duke of Monmouth That he desired he would bring over with him a Broad Seal to Seal Commissions with and to take upon him the Title of King the other particular branches of the Message I do not so well remember but only this he was particularly asked Whether the Prisoner at the Bar was there and he said he was Mr. Att. Gen. Pray my Lord Gray will you give an account what you know of Jones's coming over and what Errand he was sent of Lord Gray Jones came some time after Crag returned and he gave an account of other things conformable to what Crag had said and was sent back again to England by the Duke of Monmouth to give an account of his being ready to sail he gave him also a Letter the Contents whereof I did not see I had some short account of it but whether it were written to any particular Person I cannot tell the sum of his Message was That he would land by that time he could get thither Mr. Att. Gen. My Lord Gray you had frequent Discourse with the Duke of Monmouth and so I suppose can give an account who he kept Correspondence with and upon whose assistance he relyed Lord Gray I suppose few people will believe we were so weary of our Lives as to come and throw them away with Threescore or a very few more Men for it was but a very small number we began with except we had had expectation of good assistance This I am sure of by all my discourses with the Duke of Monmouth he did depend very much upon Cheshire and was resolved to have landed and begun there but afterwards he considered of it and thought better to send some sort of excuse for not landing in Cheshire That the persons that were to be applyed to there being men of great Quality and Interest in their Countrey and able to manage it without his assistance But in the VVest the Friends he relyed on were not of that considerable Quality and therefore he chose to land there Mr. Att. Gen. What Lords did he name that he depended upon Lord Gray I did name them my Lord Macclesfield my Lord Brandon and my Lord Delamere but I observed when the Duke of Monmouth spoke of his Friends in Cheshire he did name my Lord Macclesfield and my Lord Brandon as Persons E. of Nottingham My Lord Steward I humbly pray this Witness may be asked to whom that Letter was written that he saith the late Duke of Monmouth sent by Jones Lord H Stew. You hear my Lord's question who did Monmouth send that Letter by Jones to Lord Gray My Lord I never saw the Letter nor do I know any directions there were upon it I always looked upon it as a paper of Instructions given to him about the time when and the name of the place where the Duke was to land Mr. Att. Gen. We will give an account of that by Jones by and by My Lord. Now swear Nathaniel VVade Which was done Lord H. Stew. Well what do you ask this Witness Mr. Att. Gen. Wade That which I call you for is this to give an account what you know of any design of landing in Cheshire or elsewhere and of Jones's coming over and what Errand he was sent upon Mr. Wade My Ld. I shall give an account as far as I know after the death of the late King Captain Matthews came to Amsterdam and gave an account there that the Duke of Monmouth intended to be there shortly to meet and consult with my Lord Argyle who we understood then was preparing for an expedition into Scotland thereupon I was sent into Freezland to desire my Lord Argyle to come to Amsterdam which he did and there the Duke of Monmouth did consult with him and they did agree together that at the same time that my Lord Argyle made an Insurrection in Scotland the Duke of Monmouth should Invade England and to that end that he should send to those Friends he had in England to be ready to assist him when he came there and in order to it he did send Captain Matthews who amongst other things was to go to the Dukes Friends in Cheshire and amongst them my Lord Delamere was named to be one and the business was to desire them to be ready to assist him when he should land accordingly Captain Matthews went but a little after his going away I think one Crag came over and he came from Major Wildman and his business was to endeavour a good understanding between the Duke of Monmouth and my Lord Argyle who were then at some difference and to endeavour to make them act jointly by united Councils a little after he was sent back again into England to Major Wildman to desire him to assist them with some Money he went back again and returned but brought no Money thereupon he was sent again by the Duke of Monmouth because the first time he was not sent by him the Sum demanded was Six Thousand Pounds or Four Thousand Pounds and at last he sent for a Thousand Pound Crag returned with this Answer That they could not assist them with Money for they did not know to what end they should have Money but to buy Arms and for that the people were well provided enough already and there was no need of Money for that purpose The Duke of Monmouth a while after sent Mr. Crag and pawned all the Jewels he had to raise Money and fitted out Three Ships for this Service laden with Ammunition and because he had promised my Lord Argyle to make a diversion in England while he Invaded Scotland he resolved to go with that provision he had and desired by Mr. Crag that since those Lords and Gentlemen that were to assist them had sent no Money as was desired of them and expected from them they should now trouble themselves with no further needless consultations but should repair each man into his own Countrey where their interest was greatest to be ready when he should come and in order to this the Duke of Monmouth did set sail from Holland and
came to Lyme and landed there and did afterwards order his March so that he might most conveniently meet with his Cheshire Friends that is towards Gloucester and so to get Gloucester Bridg that thereby gaining the command of the River of Severn those of Cheshire if they did as was expected make an Insurrection at the same time they might easily join together In pursuance of this design we came to Keinsham Bridg and there a party of the Kings Horse set upon us and we took some Prisoners and thereupon thought it advisable not to let the Kings Army join together but to go back and engage those that were already come together and that was the reason we did not go over the Bridg. Mr. Att. Gen. Do you know any thing of Jones's coming into Holland and for what Mr. Wade My Lord I had forgot that a little before Crags going last away Jones came over and his business was to know why we staid so long for the Duke of Monmouth's Friends in England had expected him long before and he was dispatch'd away quickly to acquaint them the Duke was coming Mr. Att. Gen. Who was he sent to to acquaint with his coming VVade To Major Wildman he was directed to Major Wildman Mr. Att. Gen. Who else were to be acquainted with it Wade Among the rest my Lord Delamere my Lord Macclesfield and my Lord Brandon were to be acquainted that he was coming and expected that they should raise what Forces they could to assist him Lord H. Stew. Will my Lord Delamere ask him any Questions Lord Delamere No my Lord I never saw his Face before tat I know of Lord H. Stew. Who do you go to next Mr. Attorney Mr. Att. Gen. Next we call Richard Goodenough Swear him which was done That which I would know of you Mr. Goodenough is Whether Jones was sent of my Message and about what Goodenough My Lord I was beyond Sea with the Duke of Monmouth and Mr. Jones was sent among other persons to my Lord Delamere to give him notice that he should be ready against the time that the Duke should land and take care to secure himself that he might not be seized here in Town for we were apprehensive such a thing would be attempted Mr. Att. Gen. What directions were given him what Lords to go to Goodenough My Lord we were informed in Holland that my Lord Delamere was one of those Lords that had promised to draw his Sword in his behalf Mr. Att. Gen. Had you any discourse with the Duke of Monmouth about it at any time Goodenough Yes I have discoursed with the Duke of Monmouth several times Lord H. Steward Ay what did he say to you about it Goodenough My Lord he said among other things that he hoped my Lord Delamere would not break his promise with him Lord H. Stew. My Lord Delamere will you ask him any Questions Lord Delamere No my Lord I never saw his Face before that I know of I will assure you Lord H. Stew. That is pretty strange so famous an Under-Sheriff of London and Middlesex as he was Mr. Att. Gen. Then swear Jones which was done Pray will you give an account what Message you received from the Duke of Monmouth upon your going over into Holland and to whom you were to deliver it and what became of it Jones My Lord I went to Holland about the latter end of April last my going as I have acquainted his Majesty and the Council was not only about this Affair for I had other business that called me thither which I shall not now take up your time or trouble you with repeating of but having some knowledg from Mr. Disney that there were some intentions of doing something tho it was communicated to me but very darkly and therefore that little I did know made me the willinger to go for Holland so soon as I did but before I went I had a mind to understand something more of the design and therefore the night before I went I came to Mr. Disney and acquainted him with my intended Journey Mr. Disney did perswade me against it thinking that I had gone upon this account but I told him the occasion which he partly knew why I went but withal I told him I did intend to see the Duke of Monmouth and if he had any Message that he would have delivered to him I would deliver it very safely he told me all the Message I should deliver to the Duke of Monmouth if I saw him was to desire him to keep to the last Conclusion which he would find in a Letter that had been sent to him and that if he had not yet received the Letter it was to come by the Crop-hair'd Merchant or the Crop-ear'd Merchant I cannot say which but I think it was the Crop-hair'd I asked him what that Message was lest the Letter should miscarry for I told him if I should go to the Duke of Monmouth and refer him to a Letter wherein a Message was to be brought him which he was to keep to and that Letter should miscarry I should in effect bring no message at all to him my Lord thereupon he told me that I should acquaint the Duke of Monmouth that his Friends in England would not by any means have him come for England but that he should continue where he was or if he thought good to go for Scotland they approved of it this is the sum of what he said to me as near as I can remember When I came to Amsterdam there was one Mr 〈◊〉 that was kill'd at Philips Norton went with me to the Duke of Monmouth's and when I came to him I acquainted him as Mr. Disney appointed me to do that there was such a letter sent by such a person and that such a Message was included in it My Lord he was in a great passion I know not how to express it and seemed to be very much troubled and did reflect very much upon Major Wildman and said that was Wildman's work and he said as I think that was the word he used Wildman was a Villain or to that purpose but withal he said it was too late to send such a message now and that he was resolved to come for England and he would make VVildman hang with him or fight for it with him that Wildman did think by tying his own purse he should tye his hand but he should find it should not be so and some other words of the like nature he used but this is the substance of what he said he gave some account what preparations had been made he said Money was very short and he had been fain to pawn all he had to raise what Money was raised upon his own charge He asked me if I did think to return to England shortly I told him if he had any service to command me for England I had some little business to do at Rotterdam which I would dispatch and then I
at such a time and that he was sent for and entertain'd as a Person recommended by my Lord Brandon as fit to be intrusted with the Secret and capable of being imployed to stir up the Country in order to the prosecution of a Design they had on foot to raise a Rebellion and he does Charge Sir Robert Cotton and Mr. Crew Offley to have been there at the same time The Evidence My Lords that has been produced to falsifie this positive Witness in the point of Sir Robert Cotton's being there has been by Five or Six Witnesses who testifie Sir Robert Cotton's being in Town and not elsewhere from the 10th of April to the latter end of July and I do not see what we have to say in answer to their Testimony I must agree the Proof to be full in that Point and if the Evidence they give be true I cannot say that Saxon's Evividence can be true in that Point Likewise as to Mr. Offley Sir Willoughby Aston and others have testified that he was not at my Lord Delamere's at the time Saxon speaks of For he gives you an account where he was every day from the 26th of May to the 4th of June and his own Servants bring him to his own House upon the 4th of June in the Evening which is quite another way than from Sir Willoughby Aston's to my Lord Delamere's If this likewise be true what Saxons says cannot be true I must agree it There is another thing that is offered on my Lord Delamere's part That he was himself in Town at that time that Saxon sayes he was at Mere But here indeed the matter seems to be a little more strange and dubious that my Lord should make so much hast down as to go out late at Night and so cautiously as to go by a wrong Name and yet to ride to Town again the Post-way to be here just the 3d of June when Saxon swears he was in Cheshire I must confess there is the Proof of his two Brothers that say They saw him in Town the 3 d and 4 th of June There is likewise some account given of his going out of Town that it was upon a Message received from his Mother that his Child in the Countrey was sick and indeed he did go a By-way and change his name for fear of a Warrant in a Messengers hands that was out against him to apprehend him Now My Lords I do not hear any thing that has been offered that there was any such Warrant or any discourse to ground that apprehension upon My Lord had the first and only apprehension of a Warrant but upon what Reasons he himself best knows This apprehension made him go out of Town so privately he sayes because he would not be prevented of seeing his sick Child But how comes it to pass that my Lord makes such a speedy Return By the Proofs it appears he did not get there till Sunday Night and upon the Tuesday Morning comes Post for London The account that he gives of that is this His hast was to see another Child that was here sick in Town For he had received an express from his Wife upon the Monday to acquaint him that the Coast was clear and there was no Warrant out against him but if he intended to see his Child alive he must make hast up to Town and accordingly upon the Tuesday morning early he sets out and upon the Wednesday in the Evening is here in Town again But with submission My Lords there is no good Account given by this noble Lord what reason there was for so many Post-Journeys backward and forward as had been testified he to have made within a very little compass of time for besides this of his return Post upon the 2 d of June there is only an Answer given to one of the rest which is That of the 5 th of May when he saith he went to take possession of the Land that he held by a Lease then renewed to him by the Bishop which being of some Value and Consideration to his Lordship and the Bishop being sick he thought it necessary to go down Post himself and would not be content to receive Livery by Attornment This is the only answer that is given to all those times of his riding Post that have been given in Evidence These are matters of Suspicion that are offered to your Lordships but I confess matters of Suspicion only unless clear positive probable Proof be joyned with them will not weigh with your Lordships to convict a man of High-Treason where two Witnesses are required But whether these matters of Suspicion be such violent and necessary Presumptions as tend to fortifie the positive Testimony I must leave that to the Consideration of your Lordships Lord High Steward You do not call any more Witnesses then I perceive Mr. Soll. General No My Lord. Lord High Steward My Lords it has not been usual of late for those who have sate in the place where I now am upon those Occasions to give you Lordships any trouble in repeating or observing upon the Evidence In this Case the Evidence that hath been given has been very long and it would be too great a Presumption in me should I have any manner of doubt in the least that either your Lordships have not well observed it or the Learned Counsel for the King have been defective in collecting or remarking upon it so as to need my Assistance But my Lords I confess there is something I cannot omit taking notice of not for your Lordships sakes but for the sake of this numerous and great Auditory that one mistake in point of Law might not go unrectified which seemed to be urged with some earnestness by the Noble Lord at the Barr That there is a necessity in point of Law that there should be two Positive Witnesses to convict a man of Treason He seemed to lay a great stress upon that but certainly his Lordship is under a great mistake as to the Law in that Point for without all doubt what was urged in answer to this Objection by that Learned Gentleman that concluded for the King is true There may be such other substantial Circumstances joyned to one Positive Testimony that by the Opinion of all the Judges of England several times has been adjudged and held to be a sufficient Proof As for the purpose in this Case suppose your Lordships upon the Evidence that has been given here this day should believe Saxon swears true who is a Positive Witness and shall then likewise believe that there was that Circumstance of Jones's coming over from Holland with such a Message upon the 27 th of May which is directly sworn in Evidence you are the Judges of that Evidence and what the other Witnesses have sworn likewise and is not denied by my Lord the Prisoner at the Barr that he went out of Town that Night changed his Name and went an indirect By-Road certainly these
Circumstances if your Lordships be satisfied he went for that purpose do necessarily knit the positive Testimony of Saxon and amount to a second Witness That is if Saxon's positive Testimony be true then suppose all these Circumstances that gove the Jealousie do make up a strong presumption to joyn with the positive Evidence of Saxon then you have two witnesses as the Law requires especially if the answer given by the Prisoner to those Circumstances be not sufficient as the slender account he gives of his so frequent Journeys in so short a compass of time but that there still remains some Suspicion I could have wished indeed that matter might have been made somewhat more clear that no shadow of Suspicion might remain Your Lordships are Judges And if you do not believe the Testimony of Saxon whose Testimony hath been so positively contradicted by divers Witnesses of Quality the Prisoner ought to be acquitted of this Indictment If your Lordships please You may go together and consider of it Lords Ay withdraw withdray Then the Peers withdrew in their order according to their Precedency with the Serjeant at Arms before them Lord High Steward Lieutenant of the Tower take your Prisoner from the Barr The Prisoner was taken into the little Room appointed for him at the entrance into the Court. The Peers staid out about half an hour and then returned in the same Order that they went out in and Seated themselves in their places as before Cl. Crown Serjeant at Arms take the appearance of the Peers Lawrence Earl of Rochester Lord High Treasurer of England He stood up uncovered and answered Lord Treasurer Here. And so did all the rest Lord High Steward My Lords are you agreed of your Verdict Lords Yes The Lord High Steward took their Verdict Seriatim beginning with the puisue Peer in this manner Lord High Steward How say you my Lord Churchill is Henry Baron of Delamere guilty of the High Treason whereof he stands Indicted and hath been Arraigned or not guilty The Lord Churchill stood up uncovered and laying his hand on his Breast answered Lord Churchill Not guilty upon my Honour And so did all the rest of the Peers Lord High Steward Lieutenant of the Tower bring your Prisoner to the Barr. The Prisoner was brought again to the Barr. Lord High Steward My Lord Delamere I am to acquaint you that my Noble Lords your Peers having considered of the Evidence that hath been given both against you and for you after they were withdrawn have returned and agreed of their Verdict and by that Verdict have unanimously declared that you are not guilty of the High-Treason whereof you have been Indicted and this day Arraigned And therefore I must discharge you of it Lord Delamere May it please your Grace I shall pray to Almighty God that he will please to give me a Heart to be Thankful to him for his Mercy and my Lords for their Justice And I pray God deliver their Lordships and all honest men from Wicked and Malitious Lying and False Testimony I pray God bless His Majesty and Long may he Reign Lord High Steward And I pray God continue to him his Loyal Peers and all other his Loyal Subjects Cl. Crown Serjeant at Arms make Proclamation Serjeant at Arms. Oyes My Lord High Steward of England his Grace straightly willeth and commandeth all manner of Persons here present to depart hence in Gods Peace and the Kings for his Grace my Lord High Steward of England now dissolves his Commission GOD SAVE THE KING At which words his Grace taking the white Staff from the Vsher of the Black Rodd held it over his own Head and broke it in two Thereby dissolving the Court FINIS