then an Army to have appear'd to have cut off those that might escape the Massacre that these Consultations were in Staffordshire one at Tixal another at Boscobel at my Lord Aston's and Mr. Gerrard's Also that Mr. Ewers received a Letter on Munday dated on Saturday from Mr. Harcourt which did express and begin thus This very night Sir Edmondbury Godfrey is dispatched with some other words of like Import Then Mr. Prance deposed that he was told by the Lord Butler that one Mr. Messenger a Gentleman of the Horse to the Lord Arundel of VVarder was by him imployed and the Lord Powis to kill the King for a good Reward That Mr. Harcourt in his hearing said that the King was to be killed by several And that Fenwick said Mr. Langhorn was to have a great hand in it That then an Army of 50000 Men was to be raised and governed by the Lords Arundel and Powis to rain the Protestants and settle the Catholick Religion whereof he hath heard Fenwick Ireland and Grove speak at the same time together Then for the Proof of the particular matters of the Indictment Dr. Oates was sworn who deposed That in April 1677 he went into Spain and in September following Mr. Langhorn's Sons came thither the one a Scholar of the English Colledg at Madrid the other of the English Colledg at Valladolid to study Philosophy in order to their receiving of the Priesthood That in November following he returned into England and brought Mr. Langhorn Letters from his Sons which he delivered soon after his Arrival to him telling him at the same time that he believ'd his Sons would both enter into the Society whereat Mr. Langhorn seem'd mightily pleased saying that by so doing they might quickly come to Preferment in England for that things would not last long in the posture they were in That in the latter end of November he returning to St. Omers Mr. Langhorn deliver'd to him a Pacquet to carry thither wherein when it was opened he saw a Letter from him to the Fathers giving them thanks for their care and kindness towards his Sons promising them to repay them their charges of his Son's Journey into Spain which was 20 l. telling them that he had writ to Father Le Chese in order to their Concerns saying that Mr. Coleman had been very large with him and therefore it would not be necessary for him to trouble his Reverence with any large Epistles at that time which Letter he saw not only this account of it That there was in March or April after another Letter from Mr. Langhorn to the Fathers at St. Omers about an extravagant Son of his wherein he also express'd his great care for the carrying on of the Design of the Catholicks and that the Parliament began now to flag in promoting the Protestant Religion and that now they had a fair Opportunity to begin and give the Blow That in April or May when the Consult was to which several of them came over from St. Omers and at which tho Mr. Langhorn was not present yet that he had Orders from the Provincial to give him an account of what Resolutions and Passages and Minutes pass'd and this he did as well as he could telling him who went Procurator to Rome which was one Father Cary that several of the Fathers were to be admonished for their irregular living as they termed it and that it was resolv'd that the King should be kill'd that Pickering and Grove should go on to do it for which Grove was to have 1500 l. and Pickering 30000 Masses upon the hearing of which Mr. Langhorn lift up his Hands and Eyes and prayed God that it might have good Success That then he saw in Mr. Langhorn's Chamber seven or eight Commissions whereof there were about fifty by Virtue of a Breve from the Pope directed to the General of the Society and signed 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Johannes Paulus de Oliva those he saw were for the Lord Arundel to be Lord Chancellor of England the Lord Powis to be Lord High Treasurer the Lord Bellasis to be General the Lord Peter to be Lieutenant General the Lord Stafford to be Pay-Master or some such office in the Army Mr. Coleman to be Secretary of State and Mr. Langhorn to be Advocate of the Army That he saw the Answers of Le Cheese and Anderton who was Rector of the Colledg at Rome to Mr. Langhorn's Letters to them and carried the Originals of them to the Fathers who requested them from Mr. Langhorn wherein Le Chese did assure him of his Stedfastness and Constancy to assist the English Society for the carrying on the Cause And that they should not need doubt but the French King would stand by them That Mr. Langhorn was employed as Solicitor for the Jesuits and went with Harcourt Fenwick Keines and Langworth and communicated the Secret to the Benedictine Monks desiring them to stand by them with a Sum of Money for the carrying on the Design upon which as he heard that 6000 l. was promised and that Mr. Langhorn was to receive it which though he could not prove that he had yet that he was sure he was much disgusted that Sir George Wakeman was not contented with 10000 l. to poison the King saying he was a covetous Man that it was in a Publick Concern and that being it was to carry on the Cause it was no matter if he did it for nothing but he was a narrow-spirited and a narrow-soul'd Physician That Mr. Langhorn also did know of 800000 Crowns come to France for England from the Congregation at Rome Then Mr. Bedloe being sworn there was as a Confirmation of what Dr. Oates had deposed concerning the Commissions an Instrument produced found by Mr. Bedloe in searching Mr. Arthur's Study a Papist a good while after Dr. Oates had given his Testimony publickly signed and seal'd just as the Commissions were He then deposed that about three Years since he was sent by Mr. Harcourt and Mr. Coleman with Letters to Le Chese that the Letters were writ at Coleman's House and brought open by Mr. Coleman to Mr. Langhorn's Chamber in the Temple where the Prisoner read and registred them and then Coleman sealing them up gave them to him to carry away The effect of which was to let Le Chese know that they waited only now for his Answer how far he had proceeded with the French King for sending of Mony for they only wanted Mony all other things were in readiness That the Catholicks of England were in safety had made all Places and all Offices to be disposed of to Catholicks or such as they thought would be so that all Garisons were either in their own Hands or ready to be put into them that they had so fair an Opportunity having a King so easy to believe what was dictated to him by their Party that if they slipp'd this Opportunity they must despair of ever introducing Popery into England for having a
be proved therein Mr. Solicitor General order'd to be produced in the Court both the Declarations under the Great Seal and the Order of Council for reading the latter was read out of the Council-Book and the Printer call'd and sworn to prove the printing of the Declaration Then the Bishops Petition was deliver'd in also by Sir John Nicholas who being sworn deposed that he received that Paper from the King in Council the 8th of this Month that the King had it from him again the 12th and the 13th he received it again from the King Then the Court went on to prove the Bishops hands to it and for that end Sir Thomas Exton was sworn who viewing the Paper deposed that he did believe it was the Lord Arch-Bishops Writing and that his Name was writ there by himself but that he did not know any of the other Names Then Mr. Brooks being sworn deposed also that he knew the Arch-bishop Hand-writing and viewing the Paper did believe that to be written by him That he knew also the Bishop of St. Asaph's Writing and did believe this to be his That he had seen of the Bishop of Ely's Writing and because this did resemble a Letter that he had by him of his writing to the Bishop of Oxford therefore he did believe this also to be his But this was by the Court adjudged to be but weak Evidence Therefore Mr. Chetwood was sworn to prove the Bishop of Ely's Hand but he only deposed That he had a great while since seen of what was said to be his Writing but that he never saw him write and therefore did not certainly know his Hand And a little after being called to evidence to the Bishop of Bath and Wells and Bishop of Peterborough's Hands he said that he had seen of the Bishop of Bath and Wells Writing but never saw him write his Name and looking on his Name he said he believed that might be his Writing but he was not certain that he rather believed it to be his Hand than that other to be my Lord of Peterborough's After him Mr. Smith deposed viewing the Bishop of Ely's Name that he had a good while since seen of his Writing which this did resemble and therefore he believed it might be his Writing though he could better judg of it when he writ his Name Turner than now it is Ely because there was more Letter to judg by Then Mr. Middleton deposed to the Arch-Bishop and the Bishop of Ely That he had seen their Writing and upon viewing the Paper did believe that this was theirs That also he had my Lord of Peterborough's Writing for some Money two Years ago and he believed this to be like it but he never saw of his Writing but once That once he saw of the Bishop of Bristol's Writing also and did think this like it but could not say more Then Sir Thomas Pinfold deposed to the Bishop of Peterborough's Writing that he never saw but one Letter from him and viewing the Paper that he could not tell upon his own Knowledg that that was his Hand but upon this account that he had heard there was a Paper delivered by my Lords the Bishops to the King and this Paper he supposing to be the same upon that score he did believe it his Hand but upon any other score he could not tell what to say Then Mr. Clavel was sworn who deposed that he had many times seen of the Bishop of Peterborough's Writing and believ'd he knew it and viewing the Paper believ'd that to be his Hand but he could not say that ever he had seen him write Next Mr. James was sworn who deposed to the Bishop of Bristol's Writing that he believ'd he knew his Hand but was not certain because my Lord writ several times several Hands but viewing the Paper he at last acknowledg'd that he believ'd this to be his Then Mr. Nathaniel Powel being sworn deposed to the Bishop of Chichester's writing that he believed he knew his Hand but looking upon his Name said that he did not see his Lordship write that but believ'd it to be like his Hand but would not say positively that he believ'd it was so because for a Man to swear his belief in such a matter seemed to him an extraordinary thing Then the Counsel for the King prayed that the Paper might be read but the Bishops Counsel opposed it First Mr. Serj. Levinz pleaded That a Proof by Comparison of Hands which was the only Proof they had in this case ought not to be received in a Criminal Case and because moreover that Comparison had been proved in such an uncertain manner Then Mr. Serj. Pemberton pleaded that this Evidence did not amount to so much as a Comparison of Hands because none of them had ever seen the Persons write and if it did that was no Evidence in Criminal Cases Then Mr. Pollexfen pleaded that it ought to be consider'd whether Comparison of Hands be Evidence in a Case of Misdemeanour instancing in my Lady Carr's Case in Syderfin's Reports where this Court had adjudg'd it otherwise Or if it be Evidence whether the Belief of a Man that brings nothing to compare with it or ever saw the Party write be good Evidence as a Comparison of Hands Then Mr. Attorney General reply'd that this was Evidence though not so strong as if they had brought those that had seen then write yet Evidence it was and whether it were sufficient that they submitted to the Jury Then Mr. Attorney General prov'd it to be Evidence from Sydney's Case where Evidence upon Comparison of Hands caste him And for the same purpose Mr. Recorder instanced in Sir Samuel Barnardiston's Case but was presently filenc'd by Sir Robert Sawyer who told him that Sir Samuel there owned his Hand Mr. Justice Powel and Mr. Holloway then declared that they thought the Proof too slender in this Case for that it ought to be stronger in Criminal Matters than in Civil Therefore the Court being divided the Ld. Ch. Justice told Mr. Sollicitor he must go on to some other Proof And then Mr. Blathwayt was sworn who looking on the Paper deposed that he did believe that to be the Paper which the Ld. Arch-Bishop and the other six owned at the Council-Table the 8th of this Month where when they appeared the first time they were asked if they did own that Paper they immediately answered that they humbly hoped as they stood there Criminals his Majesty would not take Advantage against them but however they would obey his Majesty's Command Thereupon they were commanded to withdraw which they did That when they came in the second time they seemed unwilling to own the Paper saying as they did before and denying the publishing of it That the third time they attended they did all own it and the Arch-Bishop said it was all written with his own Hand and that he had not made use of his Clerk the King not making any Promise to them that
be put apart and examined one by one which was granted And then William Blathwayt Esq appeared and delivered in a Paper deposing that it was put into his Custody by Mr. Gwyn Clerk of the Council who seiz'd it among others in my Lord Shaftsbury's House and brought them to the Council-Office put them into one of the Rooms look'd the Door and deliver'd the Key to him And being ordered by the Committee of Examinations he fetch'd up the Trunks and Papers into the Council-Chamber and this Paper he took out of a Velvet Bag which was in the great Trunk that was sealed and then opened on July 6. in the presence of Mr. Samuel Wilson and Mr. Starkey who were both appointed by the Lord of Shaftsbury Then Mr. Gwyn being called deposed That on July 2. by a Warrant from the Secretary he searched the Lord Shaftsbury's House for Papers where was a great Hair-Trunk in which were several sorts of them and a Velvet Bag into which he put some loose Papers and sealed up the Trunk and being sent another way he deliver'd it to Mr. Blathwayt That all the Papers that were in the Velvet Bag he had in my Lord's Closet and that nothing was in that Bag but what he had there when he delivered it to Mr. Blathwayt Then Mr. Secretary Jenkins deposed That that was the Paper that Mr. Blathwayt delivered into his Hands in the Council-Chamber with nine more which he had kept under Lock and Key ever since till Monday last when he took them out and being numbred sent them sealed to Mr. Graham who brought them back to him again without any alteration whatsoever The Paper then was read which was to this effect That We the Knights c. finding to the grief of our Hearts the Papists Contrivances against the Protestant Religion the Life of the King and Laws and Liberties of the Nation to set up Arbitrary Power and Slavery And it being notorious that they have received Encouragement and Protection from James D. of York and from their Expectations of his succeeding to the Crown c. And that by his Influences Mercenary Forces have been levied Parliaments unreasonably Prorogued and Dissolved and the Army and Ammunition put into the hands of his Party and the Reputation and Treasure of the Kingdom hereby wasted That therefore they endeavoured to Exclude him from the Succession to the Crown and that failing they have now thought fit to propose to all true Protestants an Union amongst themselves by solemn and sacred Promise of mutual Defence and Assistance in the Preservation of the Protestant Religion the King's Person and State and our Laws Liberties and Properties in a Declaration in the Form ensuing Which was to this effect First The Person swears to maintain the Protestant Religion against Popery Secondly The King's Person and State as also the Power and Priviledges of Parliaments Rights and Liberties of Subjects c. Thirdly That J. D. of Y. having profess'd himself a Papist and given Life to the Plot that therefore he would oppose his or any other Papist's coming to the Crown by all lawful Means and by force of Arms if need so require c. To this end they mutually obliged one another to pursue unto destruction all that oppose the Ends of this Association and to defend all that enter into it And do engage that they will obey such Orders as they shall from time to time receive from this present Parliament whilst it shall be sitting or the major part of the Members of both Houses subscribing this Association when it shall be Prorogued or Dissolved and obey such Officers as shall by them be set over them in their several Counties c. until the next meeting of Parliament c. And that they would stick to this Association during Life c. In witness whereof c. Never a Hand was to this Paper Which being read and briefly descanted upon by the Counsel for the King John Booth was then called forth who deposed That about the middle of January last be was introduced into the Lord Shaftsbury's Acquaintance by Captain Henry Wilkinson a Yorkshire Gentleman an old Royalist and an old Acquaintance of his about some Concern relating to Carolina After which he went frequently to my Lord's House and between Christmas and March four or five times Where he hath heard him sharply inveigh against the Times and thought himself undervalued and feared that Popery would be introduced And that the Oxford Parliament that was then shortly to meet would give the King no Mony unless he would satisfy them in what they would insist upon which he said would be the Bill of the Exclusion and the abolishing the Statute of the 35th of Eliz. and passing a New Bill to free the Dissenters from the Penalties of the Laws which if refused would make a Breach between the King and Parliament whose meeting at Oxford was designed only to over-awe them And therefore that himself and divers Noble Lords and Members of the Commons had considered their own Safety and that he had establish'd a matter of fifty Men Persons of Quality that he believed would have Men along with them and he intrusted Capt. Wilkinson with the Command of these Men who were to come to Oxford at such a time and if there were any Breach or Disturbance they were to be ready to assist him and those other Persons in his Confederacy to purge the Guards of all Papists and Tories and purge from the King those evil Counsellors which were about him naming the Earl of Worcester the Lord Clarendon the Lord Hallifax Lord Feversham and Mr. Hide now Lord Viscount Hide whom he look'd upon as dangerous Persons and then to bring the King away to London where those things should be established which they designed for the Preservation of the Protestant Religion and keeping out of Arbitrary Power and Government Upon which Capt. Wilkinson desired him to be one under his Command and to provide Horse and Arms to which he consented and did so expecting to be sent for after the Parliament was sat they insisting upon the things the Lord Shaftsbury had predicted but the unexpected News of their Dissolution prevented it Then being ask'd when he first discovered this he answered about six Weeks ago and related the occasion and manner of his doing so Next Mr. Edward Turbervile deposed That in February last he waiting upon the Lord Shaftsbury about his getting some Mony and requesting his Letter to the President of the Council to stand his Friend my Lord said There was little good to be had from the King as long as his Guards were about him were it not for whom they would quickly go down to White-Hall and obtain what terms they thought fit And that the Rabble were all of that Side especially the People about Wapping and Aldersgate-Street That the Rich Men of the City would Vote for Elections but they could not expect they should stand by them in case there
but e're long he should find a way to get 1000 l. Then offering to speak to Osborn as to the Thing it self he was not suffer'd as being no Evidence against the Defendants till somewhat had been proved upon them Therefore the King's Counsel proposed to prove that Lane and Osborn who tho laid in the Indictment to join was run away did accuse Dr. Oates and afterwards recant it and that Knox had an hand in all this And to this end Sir William Waller was called and deposed That Justice Warcup and he were order'd by a Committee of Lords before whom a Complaint of Dr. Oates had been brought of the horrid abuse of his two Servants Osborn and Lane to take their Examinations which he did and that Lane's Evidence upon Oath was That he had been induced by Mr. Knox to betray his Master and to swear several Things against him which Knox had drawn up and dictated to him which Osborn writ and he signed them That there were four Letters three or four Memorials and three or four Informations which they had carried Knox accompanying them to have sworn them before Mr. Cheney who not caring to meddle with them they applied themselves to Mr. Dewy who refused them likewise After this Knox took Lodgings for them removing them to several places lest Dr. Oates should hunt them out bidding them stand firm to what they were to do and they should not want for Reward that would maintain them with Footmen and to live well That Knox did at the One-Tun Tavern drop a Guiny upon the Table which he said he would not give because then they might swear that he never gave them any Mony And told them that the Lord Treasurer would never have surrendred himself to the Black Rod unless they had promised to stand fast to what he had dictated to them One part of which Information was that Mr. Bedloe should say to Dr. Oates that the Earl of Danby offered him a considerable Sum of Mony to go beyond-Sea and that Dr. Oates had a Design of abusing Lane's Body That Lane further confess'd that Dr. Oates would be something hasty and passionate but was very Religious and was constant in sending his Servants to Prayers and that he had accused him of a Falshood by the instigation of Knox who incouraged him to it by the Promises of a great Reward That also to prevent a Discovery it was agreed among them that if any one should betray it the other two should murder him That he did likewise declare that the Lords in the Tower would not be wanting to acknowledg the kindness in disparaging the King's Evidence And that at all the Places and several Lodgings and Entertainments they had been at were all at Knox's Charge except twice which might amount to about 18 d. and that he paid And upon the Examinations of Lane and Osborn he found they agreed together to a tittle That he took also the Examination of Knox who said that the Papers he received from Lane and Osborn who said they had writ them out of trouble of Conscience and desired him to go with them before some Justice to swear them denying that he paid for their Lodgings only that he did indeed drop a Guiny and another time 10 s. upon the Bed which they took up but he only lent it them Confessing that the Papers so drawn up and delivered into his Hands were by him delivered into the Hands of the Lord Latimer and were there for some time this Knox belonging to the Lord Dunblane That Knox confess'd also that he sent a Note to Osborn that day he was examin'd which was conveyed to him through the Door to this effect We always Club'd and you paid two Shillings at the Sugar-Loaf Tear this Which was to intimate that they should say he did not bear their Charges Then Justice Warcup being sworn deposed That he also had took Lane's Examination wherein he had confessed as before That also he was by when he was brought before the Lords of the Committee for Examinations and did hear him there first swear the things in these Notes contained and then come afterward and beg their pardon and God's for what he had sworn was false and this too was upon Oath That he heard Knox confess about the Note to Osborn and he took Lodgings for Lane and Osborn in VVhite-Friers by the direction of the Lord Dunblane's Coachman Then one Rix deposed That he help'd Osborn into Dr. Oates's Service and a while after he and Lane came to him and said they were both going off from the Doctor to preferment and should have 100 l. a Year and 500 l. apiece but would not tell how Another time Osborn came to him to borrow a Cravat for he was going to dine with one of the greatest Peers of the Realm at the other end of the Town this Discourse being at VVhite-hall and asking why he would leave Dr. Oates he said Let Dr. Oates look to himself for he had enough against him Then perceiving some Design he gave in his Testimony to Justice VVarcup and upon further inquiry into it the Lords ordered him to send out his Warrants for the taking of Knox Lane and Osborn which he assigned over to him and in a short time after they were taken Osborn then confess'd to Justice VVarcup and Lane to Sir VVilliam VValler Afterwards Rix drinking with Lane in the Prison would have paid but he would not let him for that he had 23 s. which he said Knox had sent him in Another day he came to him and Lane shew'd him a Note which he had put under the Door from a Gentlewoman That if he would stand firm to his Text he should have 500 l. nay he should not want 1000 l. But in case they would not the Lord Treasurer would never have come in and if they did not he would lose his Head And this Lane's Father and Mother told him afterwards and that one Hest did come and tell them so That also Lane told him his Heart was lighter now he had confess'd this and that Knox set him on drew up the Writings and promis'd him those Rewards Then Richard Slightam a Prisoner and Under-Goaler deposed That Knox gave him three half Crowns at one time and promis'd him a considerable Sum to carry Notes between him and Lane and Osborne but he carried none And when Osborne had confess'd he said it would signify nothing because two were better than one Then Mr. Dewy depos'd That at the end of April or beginning of May Knox came to him with two more with him and said the Ld. Latimer wish'd him so to do with Papers ready written which as said were the Informations of one Osborne and Lane who had over-heard Dr. Oates and Mr. Bedloe conspiring against the Lord of Danby but the Parliament then sitting he shifted them off and did not inspect them Then Mr. Henry Wiggens Mr. Bedloe's Clerk deposed That Knox came to him the latter
Plot being then present how that on December 23 1678. he meeting Mr. Dugdale at Stafford upon business he perswaded him to discover and got him examin'd that day and afterwards more fully the next day After him one Mr. Thomas Mort who had been Page to the Lord Powis deposed that he saw Turbervile at Paris and knew he convers'd with the Lord Stafford whom he knew not and came with him to Diep to go over with him and my Lord for whom they waited a fortnight much to their Inconveniency and therefore he or some of the Company said Cursed is he that relies on a broken Staff alluding to the Lord Stafford's Name That Turbervile then told him if he went to Calice he might go over with my Lord but how he came to know that he knew not but he got another opportunity and so came over Then Mr. Powel a Gentleman of Greys-Inn deposed that he heard him mention his knowledg about the Plot about a Year ago but that he did not think fit then to reveal it for fear of his Brother's Anger and because some of the Witnesses had been discouraged and he was afraid he should be so too Then Mr. Arnold one of the Members of the House of Commons deposed that he knew Mr. Turbervile to be a very civil honest Gentleman and that the reason he discover'd no sooner was he told him because the Witnesses that were come in were in danger of their Lives and were discouraged and as long as the D. of York had so great a Power in the Council and the Lady Powis's Brother in those Parts he lived which his Lordship usually calls his Province he durst not for his Life Then Mr. Hobby being sworn gave a very good Character also of Mr. Turbervile whom he had known four Years Mr. Matthews a Divine being sworn gave him likewise a good Character and that he had often discoursed with him and found him inclinable to come off from the Roman Religion and that he had known him four Years Mr. William Seys being sworn said he never heard nor knew any ill by Mr. Turbervile whom he had known two Years Captain Scudamore deposed much the same as to Mr. Turbervile's Credit Then whereas the Lord Stafford had brought his Servants to prove he had not been lame of so long a time the Lords Stamford and Lovelace deposed that they had observed him lame within less than seven Years which his Lordship excused saying it was only his Wearines And here the Managers resolving to call no more Witnesses urged the Prisoner to sum up his Defence that the Process might be closed But he called Mr. Whitby again asking him if he had not once complained of Dugdale to the Lord Aston telling him he was a Knave Mr. Whitby confessed he told the Lord Aston that Dugdale was a Dishonour to his Family in not paying People their Mony when they came for it But he was told afterwards it signified nothing for that the present Ld. Aston would hear nothing against him Then the Ld. Stafford gave into the Court Wright's Letter who being called owned his hand saying That was one which he was hired to write which intimated as if Dugdale had suborned him to swear false c. Then the Prisoner being urged to conclude he protested his Unreadiness and Weakness whereupon the Court broke up and the Lords sent a Message to the Commons that to morrow morning at 10 they had ordered the Prisoner again to the Bar. The fifth Day SAturday December the 4th 1680. About 10 the Court being sat and the Prisoner call'd upon to sum up his Defence he prayed leave to call a few Witnesses more which after some Debate and his Lordships Weeping was admitted And then the Lord Ferrers was called upon to speak his Knowledg of Southall who said he could only speak by hear-say that he had been an active Man in the late times against the King and is counted a pernicious Man against the Government The Lieutenant of the Tower also was called and testify'd that Dugdale coming to make up his Accounts the Lord Aston desired the Lieutenant to be present who said he did not understand Accounts but would get one that did whereupon Dugdale said he would come another time but never did that he saw or heard of The Prisoner began to sum up his Defence and ended with proposing these five Points of Law 1st That there is no precedent for criminal Proceedings to be continued from Parliament to Parliament as this had been to three 2ly Whether in capital Cases they can proceed upon Impeachment and by Indictment first found by the Grand Jury 3ly There is a defect in the Impeachment there being no overt Act alledged 4ly The Witnesses by Law are not competent because they swear for Mony And not having proved him a Papist whether he can be concern'd as to the Plot in general 5ly That there ought to be two Witnesses to every point Thus concluding the Managers vindicated Mr. Southall's Credit sufficiently by the Depositions of the Lord Brook and Mr. William Leveson-Gower who knew him very well to be an honest able good Man and of the Church of England and an eager Prosecutor of Papists Then Sir William Jones one of the Managers summ'd up the Evidence very largely and Mr. Powle another of them proceeded and Serjeant Maynard answered his matters in Law shewing to the third several Overt Acts as receiving a Commission being at Consults and hiring Persons to kill the King To the 2d That an Impeachment of the House of Commons is more than an Indictment To the 1st That what is once upon Record in Parliament may at any time be proceeded upon And then Sir William Jones spoke again And to the 5th said there needed but one Witness to one Act and another to another where the several Acts as here fall under the same head of Treason And to the 4th that he had not proved and however that what Mony the Witnesses had was for their Maintenance only Sir Francis Winnington spoke also to the same heads And then the Prisoner urged that his Counsel might be heard as to those Points who were Mr. VVallop Mr. Saunders and Mr. Hunt and the first proposed to be handled being the last Mr. VVallop excused himself from speaking to it because it lately had been determin'd in the inferiour Courts Then the Lords adjourned into the Parliament Chamber to consider the Points the Commons staying and returning after about an hour the Lord High Steward declared that it was the Lords Will that all the Judges present should give their Opinions whether the 5th Point was doubtful and disputable or no. Then all the Judges consulted privately together and afterward gave their Opinions in the Negative Seriatim first the Ld. Ch. Justice North the Ld. Ch. Baron Montague Mr. Justice VVyndham Mr. Just Jones Mr. Just Dolben Mr. Just Raymond Mr. Baron Atkins Mr. Baron Gregory Mr. Baron VVeston and Mr. Just Charlton After
next Design was to be on Novemb. the 17th but the Country not being then in a readiness the Earl of Shaftsbury upon hearing it went away for Holland That after this they all began to lie under a sense that they had gone so far and communicated it to so many that it was unsafe to make a Retreat And for the carrying it on thought it necessary there should be some General Council that should take upon them the care of the whole Whereupon they erected the Council of six which consisted of the Duke of Monmouth Earl of Essex Lord Russel Mr. Hambden jun. Col. Sidney and himself That these met at Mr. Hambden's House about the middle of January last and there the Particulars offer'd to their Consideration whereto they were to bring their Advice were Whether the Insurrection were most proper to be begun in London or in the Country or both in an Instant What Countries and Towns were fittest and most dispos'd to Action What Arms were necessary to be got and how to be disposed How to raise a Common Bank of 25 or 30000 l. to answer all Occasions And lastly How to draw Scotland to consent with them it being thought necessary that all Diversion should be given That about ten Days after the same Persons met again at the Lord Russel's where it was resolv'd to send into Scotland to invite some Persons hither who could give the best accompt of the State thereof viz. Sir John Cockram the Lord Melvil and Sir Hugh Campbel and that in Discourse it was referr'd to Col. Sidney to take care of that Business who afterwards told him he had sent Aaron Smith and given him 60 Guinies for his Journey That to avoid Observation they concluded not to meet till the return of this Messenger and he going in the mean time to his Estate in Essex and thence to the Bath he knew nothing more only when he came back he was informed Smith was come back and Sir John Cockram with him That he was sure the Lord Russel was present at these Meetings and to his understanding did consent though nothing was put to the Vote And he wished he could say the Lord Russel was not there To this the Prisoner insisted that most he had said was only hearsay and the two times they met was not upon any formed Design but to talk of News and they were delighted to hear the Lord Howard talk being full of Discourse of a voluble Tongue and talk'd well And that he never saw any of the Scotch Gentlemen only the Lord Melvil but never upon this Account Here the Attorny General urged that Aaron Smith did go into Scotland and that Campbel he went for was taken which Mr. Atterbury swore that he was then in his Custody and that he had been by his own Confession four days in London before he was took Then Mr. West deposed That he never had any Conversation with the Prisoner only he had heard Mr. Ferguson and Col. Rumsey say that the Lord Russel in the Insurrection in November intended to take his Post in the West where Mr. Trenchard had failed them and that they most depended upon him because he was looked upon as a Person of great Sobriety But this being all but Hear-say the Court would not admit it as Evidence The King's Counsel therefore left the Evidence here and call'd on the Prisoner to make his Defence who to all this made Answer That he could not but think himself mighty unfortunate to stand there charg'd with so high a Crime and that intermixed with the horrid Practices and Speeches of other People the King's Counsel taking all Advantages and improving and heightning things against him That he was no Lawyer an unready Speaker and not so well prepared as he should be c. That he thought his Jury were Men of Consciences and would consider that the Witnesses against him swore to save their own Lives Neither was what Col. Rumsey swore enough to take away his Life or if it were the Time was elapsed by the 13th of this King which limits Prosecution to six Months Neither was a design of Levying War Treason unless it appeared by some Overt-Act as appears by the 25th of Edw. 3d. And then desiring to know upon what Statute he was indicted it was told him upon the 25th of Edw. the 3d. Whereupon he desired Counsel upon these two Points as Matter of Law Whether the Treason were duly proved and if it were Whether it were punishable by the Statute In Answer to which the Court inform'd him That if he were contented that the Fact should be taken as proved against him and desired Counsel upon what was bare Matter of Law he should have it granted but there could be no Matter of Law admitted but upon a Fact admitted and stated And whereas he insisted that the Business at Mr. Shepherd's House was sworn to only by one Witness It was answered that if there were one Witness of one Act of Treason another of a 2d and another of a 3d that manifested the same Treason it was sufficient The Statute then of 25th of Edw. 3d. c. 2. was read And then the Prisoner insisted that he was never but at one Meetings at Mr. Shepherd's and Col. Rumsey was there before he came in but Rumsey said No the Duke of Monmouth and the Lord Russel went away together Then in behalf of the Prisoner the Earl of Anglesey declared That visiting the Earl of Bedford last week the Lord Howard came in and told the Earl of Bedford that his Son could not be in such a Plot or suspected of it and that he knew nothing against the Lord Russel or any Body else of such a Barbarous Design And then going on to tell what the Lady Chaworth had told him the King's Counsel interrupted him telling him as the Court would not permit them to give Hear-say-Evidence against the Prisoner so they must not permit his Lordship to do it for the Prisoner Mr. Edward Howard declared That the Lord Howard took it upon his Honour and his Faith he knew nothing of any Person concerned in that Business and noâ— only thought the Lord Russel unjustly suffered but he took God and Man to Witness he thought the Lord Russel the Worthiest Man in the World Dr. Burnet declared The Lord Russel was with him the Night after the Plot broke out and did then as he had done before with Hands and Eyes lifted up to Heaven protest that he knew nothing of any Plot nor believ'd any and treated it with great Scorn and Contempt The Lord Cavendish testified to the Prudence and Honour of the Lord Russel and how unlikely it was for him to be concern'd and had heard him declare his ill Opinion of Rumsey two or three Days after the Discovery and therefore that it was unlikely he would entrust him with such a Secret Dr. Thomas Cox and Dr. Burnet again testified as to his Life and Conversation and of his aversness to
time coming again he said he knew nothing of this Plot and he was sure had Col. Sidney known any thing he would have told him And that he then telling my Lord he was not safe in his House the Ld. Howard said he had been a Prisoner and he had rather do any thing in the World than be a Prisoner again Then the Ld. Paget declared that seeing the Ld. Howard presently after the breaking out of this Plot he told him he was glad to see him abroad and that he was not concern'd in this Disorder Which he said he took as an injury to him for that his saying so looked as if he were guilty but that he knew nothing of himself or any Body else nor had he seen any Body that could say any thing of him or give him any occasion to say any thing of any Body else Mr. Edward Howard declared That as soon as the Plot broke out the Ld. Howard having a great intimacy with him he expressed a great detestation and surprizing in himself to hear of it and assured great Asseverations that he could neither accuse himself nor any Man living and that he was much concern'd for certain Persons of Quality that they should be so much reflected on or troubled about it And that this he verily thinks my Lord spoke sincerely and that he knew his Disposition so well that if he had had any Guilt upon him be would never have stood his being taken That another time discoursing the Ld. Howard about this Plot which he omitted at the Ld. Russel's Trial by reason of the reproof accidentally given him that it was certainly a Sham even to his Knowledg too black for any Minister of of publick Employment to have devis'd but that it was forged by People in the dark such as Jesuits and Papists and that this was his Conscience And that he consented to Address the King under his Hand to testify his abhorrency of the thing but upon the Lord Russel's being taken this was laid aside That he really believed what my Lord said then was true and were he of this Jury he would not believe what he said now For saying which the Court told him he ought to be bound to his good Behaviour The Prisoner then urged the Mortgage which the Lord Howard acknowledged Mr. Blake then declared that about 6 Weeks since the Ld. Howard sent for him to come and see him and talking then of his Pardon he said he had a Warrant for it and their Word and Honour for it but that he would do nothing in it till he had further order and that he heard nothing of it and could ascribe it to no other Reason but that he must not have his Pardon till the drudgery of Swearing was over The Prisoner then called Mr. Hunt and Burroughs to prove that the Ld. Howard said he could not have his Pardon till he had done some other Jobs but they did not appear Then Grace Tracy declared that the Ld. Howard protested his Ignorance of the Plot and of Colonel Sidney's being concern'd in it Elizabeth Penwick declared to the same purpose and that he desired withal that the Colonel's Plate might be sent to his House for Security for that he was apprehended through Malice Then one Mr. Wharton stood up and offer'd to the Court that if the sheets might be shewn him he would undertake to imitate them in a little time that they should not know which was which It being the easiest Hand that ever he saw in his Life Then the Prisoner proceeding in his Defence urg'd the Statute upon which he was Indicted as consisting of 2 Branches which were confounded in his Indictment together though they were distinct species of Treason And that the business of Aaron Smith was only conjecturally and implicitly sworn And the Papers were imperfect and had been writ many Years and never publish'd and could have no concatenation with the Select Council which the Ld. Howard had sworn though selected by no Body urging how unlikely it was for a War to be rais'd by 6 Men not knowing nor trusting one another the Ld. Howard putting such things upon them as were impossible for any one to do that had but the sense of Porters and Grooms The Solicitor General then summ'd up the Evidence making the Ld. Howard and his Papers two very good Witnesses against him Then the Ld. Ch. Justice declared his Charge to the Jury who withdrew for half an hour and then brought the Prisoner in Guilty And upon Monday November the 26th being set to the Bar the Prisoner pleaded that he conceived he had had no Tryal for that some of the Jury were no Free-holders and were not summon'd by the Bailiff but were agreed upon by the Under Sheriff and others desiring the Indictment might be read again which was done and then he urged it was void because it depriv'd the King of his Title of Defensor Fidei which was Treason by the Law Urging that there was no Treason in his Papers and desiring the D. of Monmouth might be sent for to testify if there were any such thing as a Design c. complaining that his Evidence had not been rightly summ'd up and appealing to God and the World he not being heard After which the Ld. Ch. Justice pronounced Sentence upon him to be Drawn Hang'd and Quartered c. Upon which Col. Sidney cry'd out Then O God O God I beseech thee Sanctify these Sufferings unto me and impute not my Blood to the Country nor the City through which I am to be Drawn let no inquisition be made for it but if any and the Shedding of Blood that is Innocent must be revenged let the weight of it fall only upon those that maliciously Persecute me for Righteousness sake Whereupon the Ld. Ch. Justice told him he pray'd God fit him for another World for he saw he was not fit for this But the Prisoner holding out his Hand bid his Lordship feel his Pulse and fee if he was disordered blessing God he never was in better temper than he was now On Friday December the 7th following his Sentence being mitigated by his Majesty's Grace and Favour he was brought from the Tower to a Scaffold on Tower-Hill where after a short Preparation he was beheaded by the Common Executioner The Trial of John Hambden Esq before the Lord Chief Justice Jeffries at the King's-Bench Bar at Westminster on Wednesday February 6 1683. ON Wednesday November 28th 1683. John Hambden Esq was Arraigned at the King's-Bench Bar upon an Indictment of High Misdemeanour for contriving and practising to disturb the King's Peace and stirring up Sedition in the Kingdom To which having pleaded Not Guilty and Issue being joyned Bail was taken for his appearing the next Term. Accordingly on Wednesday Feb. 6th following the Defendant appeared and the Jury were impannel'd Joshua Galliard Esq and Mr. Richard Shoveditch were challeng'd by Mr. Williams of Counsel for the Defendant because they were both
the Prisoners Mrs. Gaunt to be burnt and the other 3 to be drawn hang'd and quarter'd which was accordingly executed upon them and Mr. Cornish was hang'd in Cheapside over against Kings-street on Friday October 23 1685. and his Quarters afterwards put up in several Places and his Head upon the Guild-Hall where it stood till the tidings of the Dutch Invasion summon'd it with the other Quarters into the Grave after they had been expos'd in that infamous manner the space of 3 Years The Trial of Henry Baron Delamere in Westminster-Hall before George Lord Jefferies constituted Lord High-Steward on this Occasion on Thursday Jan. 14 1685. THen and there the Court being met the Lord High-Steward's Commission was first read and the Staff being carried between Garter King at Arms and the Gent. Vsher of the Black Rod was with 3 Reverences delivered upon the knee to his Grace and by him redelivered to the Gent. Vsher of the Black Rod to hold during the Service Then Proclamation was made by a Serjeant at Arms for all Persons present except Peers Privy Councellors and the reverend Judges now assistant to be uncovered and for all to whom any Writ had been directed for the certifying of any Indictment before his Grace to bring in the same forthwith After which Sir Edward Lutwich deliver'd in his Writ and Return which were read And then the Lieutenant of the Tower was call'd to bring his Prisoner to the Bar which having done Sir Roger Harsnet Serj. at Arms was called to return the Names of the Peers which he had summoned who were then called over by the Clerk of the Crown and those that appeared were these following who standing up uncovered answered to their Names each making a Reverence to the Lord High Steward Lawrence Earl of Rochester Lord High-Treasurer of England Robert E. of Sunderland Lord President of His Majesties Privy-Council Henry Duke of Norfolk Earl-Marshal of England Charles D. of Somerset Henry D. of Grafton Henry D. of Beaufort Lord President of VVales John Earl of Mulgrave Lord Chamberlain of His Majesties Houshold Aubrey E. of Oxford Charles E. of Shrewsbury Theophilus E. of Huntingdon Thomas E. of Pembroke John E. of Bridgwater Henry E. of Peterborow Robert E. of Scarsdale VVilliam E. of Craven Louis E. of Feversham George E. of Berkley Daniel E. of Nottingham Thomas E. of Plimouth Thomas Viscount Falconberg Francis Viscount Newport Treasurer of His Majesties Houshold Robert Lord Ferrers Vere Essex Lord Cromwell VVilliam Lord Maynard Comptroler of His Majesties Houshold George Lord Dartmouth Master-General of His Majesties Ordinance Sidney Lord Godolphin John Lord Churchill The Lord High Steward then having acquainted the Prisoner with the occasion of this meeting order'd the Bill of Indictment to be read which was done twice at the Prisoner's desire And then the Prisoner deliver'd in his Plea to the Jurisdiction of this Court that he ought to be tried by the whole Body of the House of Peers in Parliament the Parliament still continuing being under a Prorogation and not dissolved and because there was some agitation of the matter concerning this Prosecution upon his Petition in the House of Lords c. To which the Attorny General answer'd that the Plea was not good there never having been so much as any Indictment returned there nor found during the Session of Parliament besides that the Plea was in Paper and English The Prisoner then desired Counsel to put it into Form But it being a Plea against the Jurisdiction no time could be allowed and the Prisoner having no Counsel ready to plead his plea was over-ruled and he pleaded Not Guilty After which the Lord High Steward gave the Charge to the Peers and Sir Thomas Jenner Recorder of London opened the Indictment and Mr. Attorny General the Evidence And then the Lord Howard was first sworn Who gave the same account about the Earl of Shaftsbury's design'd Insurrection as before he had done at the other Trials where he was a Witness to which therefore the Reader is referred The Lord Grey deposed that Cheshire was one of the Places pitch'd upon for the Rising and for that end the Duke of Monmouth went his Progress into those Parts to make his Interest there and that the Prisoner was one he was directed to advise with That after the late King's Death the Duke of Monmouth was at Amsterdam with the Lord Argyle where there was an Account given of the Design that was in Hand of an Insurrection in Scotland and at that time came over to Holland Mr. Crag from Major Wildman to promote and recommend a Reconciliation between the Duke of Monmouth and the Lord Argyle who till that time had acted in separate interests giving some account that Means and Money were prepared This encouraged the Duke of Monmouth to send Capt. Matthews into England to Major Wildman to desire him to acquaint several Persons among whom the Prisoner was one that he was designed to join the Lord Argyle When Crag return'd to the Duke he gave an account that Major Wildman had convers'd with these Persons and that their Opinion was that the Duke should go for Scotland whereby they might know the strength of the Enemy here by their sending to suppress the Rebellion there and also that Major Wildman desired the Duke to bring over with him a Broad Seal to seal Commissions with and to take upon him the Title of King That soon after Crag's return Jones came with a Message to the Duke from England and was sent back shortly after by the Duke with a Letter of Instructions And the Duke intended first to have landed in Cheshire he very much depending upon that County but afterwards considering that the Persons there being of great Quality and Interest in their Country and able to manage it without his Assistance he chose rather to land in the West the Friends he relyed on there not being of that Quality Mr. Nathaniel Wade deposed that at Amsterdam soon after the Death of the late King the Duke of Monmouth and the Lord Argyle had a Consultation together and agreed that at the same time the Lord Argyle made an Insurrection in Scotland the Duke should invade England For which end the Duke sent Capt. Matthews into England to acquaint his Friends among whom he heard the Lord Delamere named to be ready for his Assistance Crag was sent over for Money but could get none and therefore the Duke sent him over again to pawn his Jewels and get what Money he could wherewith he fitted out 3 Ships laden with Ammunition and having before ordered his Friends to repair to their own Countries to be ready he set Sail and landed at Lyme and ordered his March so as that he might most conveniently meet with his Cheshire Friends In pursuance whereof they came to Keinsham Bridge where a Party of the Kings Horse set upon them of whom they took some Prisoners and thereupon thought it advisable not to let the Kings
Army joyn together but to go back and engage those that were already come together which was the reason they did not go over the Bridge Mr. Richard Goodenough deposed that he was beyond Sea with the Duke of Monmouth and that Jones was sent among other Persons to the Lord Delamere to give him notice to be ready and take care he was not seized in Town and that he heard the Duke say that he hoped my Lord Delamere would not break his Promise with him Jones deposed that he went into Holland the latter end of April last and by him Mr. Disney sent a Message to the Duke of Monmouth to desire him to keep to the last Conclusion which he would find in a Letter sent to him by the Crop-hair'd Merchant which Message was that his Friends in England would not by any means have him come for England but that he should continue where he was or if he thought good to go for Scotland they approved of it This Message he deliver'd to the Duke at Amsterdam which put him into a great Passion saying this was Wildman's work who was a Villain and that it was too late to send a Message now for he was resolved for England and Wildman should hang with him or fight for it with him and that he should not think to tye up his Hands by tying up his own Purse Sending another Message by him when he returned for England which was May 22d to Capt. Matthews or major Wildman to desire them to acquaint the Earl of Macclesfield the Lord Brandon and Lord Delamere with his Design of coming for England and that they should repair to their Posts to be ready for him delivering to him a Writing sealed up which he was not to open till he came to Sea which when he opened he found it contained a Signification of the Place wherein was to land and where he was to rendezvous which was Taunton and who were the Persons that were to have notice of it among whose Names was the Lord Delamere's That when he came to London which was May 27th he could meet with neither Capt. Matthews nor Major Wildman who were out of Town and therefore he acquainted Mr. Disney with his errand who promised to take care that it should be delivered Story who was Commissary General under the Duke of Monmouth deposed that on May 28th one Brand told him that the day before Jones was returned out of Holland with a Message to Capt. Matthews but he being absent Disney received it and discoursed that Evening with the Lord Delamere and that my Lord went out of Town that Night with 2 Friends that convey'd him by a By-way through Enfield Chase towards Hatfield That this Brand was kill'd at Keinsham Bridg. That at Shepton Mallot he heard the Duke of Monmouth say that his great Dependance was upon the Lord Delamere and his Friends in Cheshire but he fear'd they had failed him or betray'd him and that he could have been otherwise supply'd but that he had a Dependance upon them Vaux deposed That on May 26th the Lord Delamere sent for him to the Rummer in Queens-street and that the next Night he rid out of Town with him about 9 or 10 a clock at Night and got to Hoddesden about 12 and the next day he brought him to Hitchen and so came back again That my Lord went by the name of Brown and said he was going to see his Son that was sick in the Country Mr. Edlin deposed that on May 27th Mr. Vaux asked him if he would ride with him as far as Hitchen which he promised to do and they set out about 9 that Night and went to Hoddesden one Mr. Brown being in their Company whom he had never seen before but now knew to be my Lord Delamere who told them he was going to see a Sick Child Mr. Panceford depos'd that he was at Mr. Disney's on June 14th last where the Duke of Monmouth's Declarations were a Printing for printing whereof Disney had been Executed and one Joshua Lock was there waiting for some which he said he was to send into Cheshire to one Mr. Brown which he understood to be the Lord Delamere having heard Mr. Disney call him by that Name and Mr. Edlin having told him how he went by that Name when he rid with him to Hitchen But also he had heard that Mr. Vermuyden went also by that name of Brown Mr. Babington deposed that in their Consultations there were Discourses of my Lord Delamere under the name of Brown and once at a Tavern about the latter end of May last when my Lord Delamere was named by one in the Company he was presently catch'd up for it and replied to You mean Mr. Brown That being also at Disney's while the Declarations were a Printing he heard one say a great many of them were to be sent into Cheshire to my Lord Delamere under the name of Brown Mr. Hope Master of the Three-Tuns in Coventry deposed that the Lord Delamere came Post to his House he believed 5 times from the Sunday Sev'night before the Coronation to June 21 following Then Thomas Saxon deposed that on June the 3d or 4th he was sent for by a Man that had but one Hand to my Lord Delamere's House Mere in Cheshire where he came when it began to be dark and was conveyed by the Man that fetch'd him into a lower Room where were my Lord Delamere Sir Robert Cotton and Mr. Crew Offley and they told him that he had been recommended to them by the Lord Brandon who had said he was an honest useful Man and they hoped he would prove so For they had sent to the D. of Monmouth who was in Holland and received an Answer by one Jones which as soon as they had my Lord Delamere came away Post into the Country under another Name and by being conveyed through Moorfields came down to raise 10000 Men for the Duke in Cheshire by June 1. But now they had considered of it and found they could not raise them till Midsummer for that they must have time to raise 40000 l. in that Country to maintain the Men. That they asked him if he would undertake to carry a Message to the Duke that he said he would Whereupon the Lord Delamere gave him 11 Guinies and 5 pound in silver for his Journy After which he hired him an Horse and did deliver the Message That he never had any Concern before with the Ld. Delamere but that the Lord Brandon told him that they must make use of such as he to inform the Country of the time of Rising his acquaintance abounding that way being a publick Trades-man in Middlewich Here the Evidence for the King ceasing the Prisoner was called upon to make his Defence But it beginning to be late the Prisoner begg'd the Court might be Adjourned till the morrow But the Lord H. Steward doubted it could not be done by Law this not being a Trial in full Parliament
manner as well that which is for or against the King or any other Person but could never obtain a Copy of the Indictment nor that the Statute should be read The Jury by which he was tried was not as he is informed summoned by the Bailiffs of the several Hundreds after the usual and legal manner but Names were agreed on by Mr. Graham and Mr. Burton and the Under-Sheriff and Directions given to the Bailiff to summon them and being all so chosen a Copy of the Pannel was of no use to him When they came to be called he excepted against some for being your Majesty's Servants which he hoped should not have been returned when he was prosecuted at your Majesty's Suit many others for not being Free-holders Which Exceptions he thinks were good in Law and others were lewd and infamous Persons not fit to be of any Jury but all was over-ruled by the Lord Chief Justice and your Petitioner forced to challenge them peremptorily whom he found to be picked out as most suitable to the Intentions of those who sought his Ruin whereby he lost the Benefit allowed him by the Law making his Exceptions and was forced to admit of Mechanick Persons utterly unable to judg of such a Matter as was to be brought before them This Jury being sworn no Witness was produced who fixed any Thing beyond Hear-say upon your Petitioner except the Lord Howard and them that swore to some Papers said to be found in his House and offered as a second Witness and written in a Hand like to that of your Petitioner Your Petitioner produced Ten Witnesses most of them Men of Eminent Quality the others of Unblemished Fame to shew the Lord Howard's Testimony was inconsistent with what he had sworn before at the Trial of the Lord Russel and declared under the same Religious Obligation of an Oath as if it had been legally administred Your Petitioner did further endeavour to shew That besides the Absurdity and Incongruity of his Testimony he being guilty of many Crimes which he did not pretend your Petitioner had any knowledg of and having no other hope of Pardon but by the Drudgery of Swearing against him he deserved not to be believed And similitude of Hands could be no Evidence as was declared by the Lord Chief Justice Keeling and the whole Court in the Lady Carr's Case so as that no Evidence remained against him But whosoever wrote those Papers they were but a small Part of a Polemical Discourse in Answer to a Book written about thirty Years ago upon General Propositions applied to no Time or any particular Case so that it was impossible to judg of any Part of it unless the Whole did appear which did not the sense of such Parts as were not produced could not be comprehended unless the Whole had been read which was deny'd The Ink and Paper shewed them to be written many Years ago the Lord Howard not knowing of them they could have no concurrence with what your Petitioner is said to have designed with him and others the Confusion and Errors in the Writing shewed they had never been so much as review'd and being written in a Hand that no Man could easily read they were never fit for the Press nor could be in some Years though the Writer of them did intend it which did not appear but they being the only present crude and private Thoughts of a Man for the exercise of his own Understanding in his Studies and never shewed to any or applied to any particular Case could not fall under the Statute of 25 Edw. 3. which takes Cognizance of no such Matter and could not by construction be brought under it such Matters being thereby reserved to the Parliament and is declared in the Proviso which he desired might be read but was refused Several Important Points of Law did hereupon emerge upon which your Petitioner knowing his own Weakness did desire that Counsel might be heard or it might be reserved to be found especial but all was over-ruled by the Violence of the Lord Chief Justice and your Petitioner so frequently interrupted that the whole Method of his Defence was broken and he not suffered to say the tenth Part of what he could have alledged in his Defence so the Jury was hurried into a Verdict which they did not understand Now forasmuch as no Man that is oppressed England can have Relief unless it be from your Majesty your Petitioner humbly prays that the Premisses considered your Majesty would be pleased to admit him into your Presence and if he doth not shew that it is for your Majesty's Honour and Interest to preserve him from this sad Oppression he will not complain though he be left to be destroyed The Trial of Charles Bateman Chirurgeon At the Session's-House in the Old-Baily on Wednesday Decemb. 9.1685 HIS Indictment was for High-Treason in conspiring the Death of the late King To which after some offer to have said something for himself in order to put off his Trial which Mr. Recorder would not admit of he pleaded Not Guilty Then urging his unpreparedness want of notice of his Trial and great indisposedness by reason of his close Imprisonment for ten Weeks he desired his Trial might be put off but it would not be granted His Jurors were Richard Aley Esq Richard Williams John Cannum Patrick Barret John Palmer James Raynor Edward Redish George Lilburn Daniel Fouls Peter Floyer Lawrence Cole John Cooper To whom the Indictment being read Mr. Phips Counsel for the King opened the Case and was seconded by Mr. Serjeant Selby and Mr. Charles Moloy Then Josias Keeling being called and sworn deposed in general concerning his being at divers Meetings wherein the Methods had been proposed about an Insurrection and that the Prisoner was looked upon as a Person fitting to manage one Division in order thereto c. but could not particularly charge him with any thing upon his own knowledg Thomas Lee deposed that Mr. Goodenough told him The Prisoner was to manage one Division and going to him about it from Mr. Goodenough he plainly perceiv'd he was no stranger to it nor bogled to give his Assent and seemed very desirous to speak with Mr. Goodenough about it That going one day with the Prisoner to the late Duke of Monmouth's House the Prisoner after he had had some Discourse with one of the Duke's Servants came to him and told him the Duke was willing to engage in the Business and assur'd him that he had divers Horses kept in the Country to be in a readiness when Matters should come to Extremity That from thence going with him to the King's-Head Tavern they had Discourse to the same effect there That from thence to the Devil-Tavern where the Prisoner proposed the seizing the City Tower Savoy White-Hall and the Person of the late King and promised not to be wanting therein That at another time meeting him at the Half-Moon Tavern in Aldersgate-street the design of all which