nor could ever endure him reviling him as having been a poor Boy found at the Door then a Thresher then a Baily and now a Witness for the King To this end he acknowledged that he spoke to Dugdale on the 20th of September in his Chamber but not alone nor about any thing but a Race to be run that day on Etching-Hill which he proved by the Testimony of his own Servants Nicholas Furness a Dutch-man whose Blunder in his Evidence made the Auditory laugh and George Leigh He produced also Thomas Sawyer a Servant to the Lord Aston and Mr. Phillips Parson of Tixal as to the Reputatiof Dugdale who said little more to disparage him than that he ran away from the Lord Aston and was apprehended and would then have been own'd by my Lord as his Servant which was refused and Six Walter Bagot Mr. Thomas Kinnersley and Sir Thomas Whitgrave being the Justices before whom he was brought affirmed That then he took the Oaths of Allegiance c. and protested he knew nothing of the Plot. Then the Lord Stafford offered to prove further against Dugdale that he had offered Mony to some to swear falsly against his Lordship to this end William Robinson a Worcestershire-man affirmed That about Midsummer was twelve-month Dugdale offered him Mony in London to swear against the Lord Stafford and John Morral a Barber in Ridgley in Staffordshire that he proffer'd him 50 l. in Hand and 50 l. more when the thing was done to swear against Mr. Howard Sir James Symonds Mr. Herbert Aston and several others as concern'd in the Plot And Samuel Holt a Black-smith at Tixal that he proffered him 40 l. to swear that Walter Moor carried Ewers away Then the Lord Stafford proceeded to prove that Dugdale deposed at the Trial of the five Jesuits That he communicated the News of Sir E. Godfrey's Death which was on Saturday to Mr. Sambidge the Tuesday following which Mr. Sambidge denies That he so swore Mr. John-Lydcott a Fellow of King's-Colledg in Cambridg and one Charles Gifford who were present at that Trial and took Notes did testify And Mr. Sambidge denied that he heard of the News till Friday or Saturday or that he was at the Ale-house with Dugdale at all but that he was an ill Man and very abusive especially to the Clergy Then the Lord Stafford proceeded against Dr. Oates objecting against him That when he was examin'd before the Council having named many and not naming the Prisoner he said he had no more to accuse and for the proof of this he call'd Sir Philip Lloyd who remembred nothing of it and appealed to the Lords then present but none could speak to it till at length the Earl of Berkley did say That he remembred in the House of Lords when Dr. Oates was asked If he could accuse any other Person of what Quality soever Oates answered That he had no more in relation to England to accuse but in relation to Ireland he had which was after he had accused the Lord Stafford though before he had accused the Queen Then he called for Mr. Dugdale again and objected further against him That he did depose before Tho. Lane and J. Vernon two Justices in Staffordshire Decemb. 24. 1678. That presently after one Howard Almoner to the Queen went beyond-Seas he was told by Geo. Hobson Servant to the Lord Aston that there was a Design c. Whereas this Hobson was not a Servant to the Lord Aston of three Years after the Almoner went and yet here he says presently But Dugdale explained that his meaning was that Hobson told him there was a Design presently after the Almoner went c. Which was contested but at last submitted to Then Mr. Turbervile was called again and the Prisoner objected against him his deposing to the Year 1673 one day and to 1672 the next whence he concluded him to be necessarily perjured But Sir William Poultney who took his Affidavit related the whole Story which shewed him to be mistaken in the Year which he finding out that Night by a Paper he found came and corrected it himself the next Morning And whereas the Lord Stafford had charged him for a Coward and for running away from his Colours he produced his Discharge from his Captain which certified otherwise Then whereas Turbervile had before deposed that his Lordship was lame of the Gout when he waited upon him in France he declared he had not been lame these forty Years and never had the Gout in his Life and his two Servants Furness and Leigh testified the same for the time they had lived with him and who were with him then in France but denied that ever they saw Turbervile with him And whereas Turbervile deposed That he came to England by Calice he said he came by Diep and produced one Mr. Wyborne who testified the same together with his aforesaid two Servants Again whereas Turbervil deposed That when he came from Doway his Relations were angry with him and the Lord Powis and his Lady he affirmed that he was upon his return received courteously at the Lord Powis's House and by his Relations which was testified by John Minhead one that belonged to the Lord Powis and a French-Man And whereas Turbervile said he was disinherited his elder Brother by another Mother testified the kindness of his Relations towards him and that there was no Estate likely ever to come to him there being so many Heirs before him Finally whereas Turbervile also in his Affidavit had said the Lord Castlemain was at the Lord Powis's at such a time which must be either in the Years 1672 1673 or 1674 he called Mr. Lydcott again to testify he was not in Wales in any of those Years who by his Notes which he confessed he had transcribed out of another Book spoke very particularly to the times only the beginning of 1672 he could not tell how to account for nor did Turbervile ever say positively to a Year So the Lord Stafford being asked if he had any more Witnesses and answering he had three or four the Peers thought it too late to proceed and so adjourned into the Parliament-Chamber and the Commons went back to their House to whom the Lords sent a Message that they had ordered the Prisoner again to the Bar at Ten next Morning The Fourth Day FRiday Decemb. 3 1680. about Ten the Court being sat and the Prisoner at the Bar the Ld. High Steward reminding him how far he had gone and where he left off in his Defence desired him to go on Who called therefore John Porter Butler to the Lord Powis who said That about a Year ago in several places in London he heard Turbervil say that he believed neither the Lord Powis nor the rest of the Lords were in the Plot and the Witnesses that swore against him he believed were perjured and he could not believe any thing of it and that as he hoped for Salvation he knew nothing of it neither directly
last Mr. Bulstrode was asked by the Prisoner What Message he brought and what proffer he made from the Court to his Wife But to this he would say nothing only that Fitz-Harris's Wife refused to be examin'd unless the King would speak to her alone The Dutchess of Portsmouth would likewise own nothing concerning him but that she had three or four times spoke to the King for him to get his Estate in Ireland and that what Mony he had had from her was only for Charity After this the Prisoner concluded his Defence complaining of his hard Usage professing his enmity to the French Interest and that Everard knew the Design of that Libel was otherwise concluding that the Jury could not find him now Guilty because of his Impeachment in a Superior Court The Sol. General then summ'd up the Evidence and Serj. Jefferies and the Ld. Ch. Justice gave the Charge to the Jury who desired the Opinion the Court since the Prisoner had been impeached whether they were compellable by Law to give a Verdict in this Case upon him To which The Ld. Ch. Justice said That the Vote of the Commons viz. That the Prisoner should not be tried in any other Inferior Court could not alter the Law and that the Judges of this Court had conference with all the other Judges concerning this Matter and it was the Opinion of all the Judges of England that this Court had a Jurisdiction to try this Man After which Justice Jones was of Opinion That if the Prisoner were acquitted on this Indictment it might be pleaded in Bar to the Impeachment Justice Dolben and Justice Raymond declared they were of the same Opinion The Jury withdrew for half an hour and then brought the Prisoner in Guilty And on Wednesday June 15. 1681. the Ld. Ch. Justice sentenc'd him to be Drawn Hang'd and Quartered Which was accordingly executed upon him together with Plunket at Tyburn on Friday July 1. 1681. The Trial of Dr. Oliver Plunket Titular Primate of Ireland before the Lord Chief Justice Scroggs at the King's-Bench Bar at Westminster on Wednesday June 8. 1681. ON May the 3d. 1681. the Prisoner was there Arraign'd upon Indictment of High-Treason for Conspiring the Death of the King and to levy War in Ireland and to alter the Religion there and to introduce a Foreign Power To which he urged that he had been arraigned for the same Treason in Ireland and at the Day of his Trial the Witnesses against him did not appear But the Court shew'd him the invalidity of that Plea because he had never yet undergone any Trial therefore he Pleaded Not Guilty On Wednesday June 8. following he was again brought to the Bar and still urged for more time because he pretended he had not yet got over all his Witnesses and some Records from Ireland But he having already had five Weeks the Court would not hearken and therefore the Jury sworn were Sir John Roberts Thomas Harriott Henry Ashurst Ralph Bucknall Richard Gowre Richard Pagett Thomas Earsby John Hayne Thomas Hodgkins James Partherich Samuel Baker VVilliam Hardy To whom the Indictment being read the same was opened by Mr. Heath Serj. Maynard and Mr. Attorny General And then Florence VVyer being sworn deposed That he knew there was a Plot in Ireland both before Plunkets time and in his time which was working in 1665 and 1666 but was brought to full maturity in 1677 then Col. Rely and Col. Bourne being sent from the French King into Ireland with a Commission to muster as many Men as they could promising to send an Army of 40000 Men to land at Carlingford on St. Lewis-day to destroy all Protestants and set up the French King's Authority And one Edmond Angle a Justice of Peace and Clerk of the Crown sent for all the Rebels abroad in the North to come up into the County of Longford and they marched into the head Town of the County and fired it the Inhabitants fled into the Castle but Angle being shot the Rebels fled and carried with them all the Papers Angle had in his Pocket Hereupon Col. Bourne became suspected and was imprison'd and Col. Rely fled into France and the Plot lay under a Cloud till the Prisoner came to be Primate which he got by the French King's help upon his promising to prepare things in Ireland for his Interest and that about 10 or 11 Years ago in the first Year of his Primacy when the Prisoner came to the Friery at Armagh he being there one Quine told him That they thought Duffy would have been Primate said he 't is better as it is for Duffy hath not the wit to do those things that I have undertaken to do That he had heard the Prisoner own himself to be made Primate by the Pope and that he writ himself Oliverus Armacanus Primat Metropolitanus totius Hiberniae and had made Warrants sub paena suspensionis for his Priests to pay Mony for to supply the French Army and to let him know how many there were in all their Parishes from sixteen to sixty And that he had seen him going from Port to Port and that he pitch'd on Carlingford as most convenient for the French to land at Henry O-Neal deposed That in August 1678 Bishop Tyrril came with 40 odd Horse-Men to Vicar-General Brady's House where he gave them all the Oath of Secrecy to forward the Plot against the Protestants whom he said they would make an end of from end to end in Ireland in one hour and that he should have an Order for it from the Lord Oliver Plunket and that he and Plunket had sent Mony into France to get Men and to bring them into Ireland Neal O-Neal deposed the same he also being at that time at Vicar Bradey's House being August 21. 1678. Owen Murfey only swore That Lieutenant Baker told him That Mr. Edmond Murfey did discover the Plot to him that there was a Design to bring in the French but of his own Knowledg he could say nothing Hugh Duffy deposed That he had seen several of the Prisoner's Orders to raise Mony and had collected some for him being Curate of Cogham and a Fryer and had by his Order returned him also a list of the Age of every Person in his Parish from 16 to 60 and that he accompanied him when he view'd the Port of Carlingford which he thought most convenient for landing the French and had seen his Letter in France to Cardinal Bovillon that he should prevail with that King not to invade Spain but rather wage War with the King of England who had been an Apostate and help their poor Country that was daily tormented with Heretical Jurisdiction That he was present at a great Consult near Clouds where the Prisoner was Chief and gave special Order for a List to be got of all the Officers in the late Rebellion and that lost their Estates because they would be more forward in this Design That he himself was forward
he upon which they let him go The Clerk of the Crows said he knew this Spence and that he was very like Sir E. Godfrey Then John Oakeley's Affidavit was read which was made before Sir John Moore Mayor June 22. 1682. and was That he coming by Somerset-House upon Saturday Octob. 12. 1678. the very day on which Sir E. Godfrey was missing about eight or nine at Night he saw Sir Edmond-bury near the VVater-gate and past close by him knowing him very well put off his Hat to him and Sir Edm. did the like to him and having pass'd him he turned and looked upon him and saw him stand still and a Man or two near him And that he told this to Elizabeth Dekin two or three days after and to his Uncle Ralph Oakely of Little St. Bartholomew about a Week after and to his Father Robert Oakely and several others in a short time after Elizabeth Dekin's Affidavit who was his Fellow-Servant before Sir John Moore at the same time hereof and Mr. Robert Breedon's Affidavit who was their Master and a Brewer near Sir E. Godfrey's House made then also that Dekin had told him what Oakely had told her and that before the Body was found And Robert Oakely his Fathers Affidavit made at the same time that his Son had told him the same and his Uncle Ralph Oakeley's Affidavit of the same before Mr. Justice Dolbin July 4. 1683. were all annexed to corroborate his Testimony And whereas it had been reported that Sir E. Godfrey hang'd himself and that one Moore his Clerk cut him down the said Henry Moore made Affidavit before Justice Balam of the Isle of Ely July 28. 1681. That the Report was false and scandalous and that he neither said nor did any such thing John Brown and William Lock also of Maribone made Affidavit before Sir John Moore Mayor June 30. 1682. That they viewing the Body on Thursday Octob. 17. 1678. as it lay in the Ditch found that the Pummel of the Sword-Hilt did not touch the Ground by an handful c.. Benjamin Man also of London Gent. being not called at the Trial tho twice subpoened made Affidavit before Sir W. Dolbin July 3. 1682. That being in the Gatehouse when Green was took and about to be put into Irons and understanding his Crime saying he did not think to have found him such a Man Green thereupon replied He was a dead Man Robert Forset Esq of Maribone made Affidavit also before Sir VV. Dolbin on July 1. 1682. That he was a hunting with his Hounds on Tuesday Octob. 15. 1678. and beat that very place where the Body was afterwards found but there was neither Body nor Gloves nor Cane thereabouts then and that Mr. Henry Harwood who is since dead borrowed his Hounds and told him that he beat the same Ditch the next day and that no Body was there he was sure on VVednesday at Noon George Larkin of London Printer made Oath also before Sir John Moore Mayor March 22. 1681. That he going to see the Body on Octob. 18. 1678. he met Nat. Thompson there who then proposed the printing of a Narrative of this Murder to him desiring his Assistance which they afterward agreed to print and that contain'd how Sir E. Godfrey's Face was of a fresh Colour tho in his life-time Pale a green Circle about his Neck as if he had been strangled c. That there was no Blood in the place and his Shoes as clean as if he had but just come out of his own Chamber which was an evident sign that he was carried thither and that the Coroners Inquest found that he was suffocated before the Wounds were made c. And finally that one of the Jury affirmed that his Mother's Servant searched all those Grounds for a Calf that was missing Monday and Tuesday and at that time there lay no dead Body Belt Gloves Stick c. Farrell it seems was Trustee for Fenwick that was executed and Pain was Brother to Nevill alias Pain who was famous for scribling for Mrs. Cellier and the Papists The Court consulting together Mr. Justice Jones having first set out the greatness of their Crime gave the Judgment of the Court which was That Thomson and Farrell should stand in the Pillory in the Palace-Yard the last day of the Term for an hours space between ten and one and each of them pay 100 l. Fine and to be imprisoned till they had paid it Pain was excused from the Pillory but adjudg'd to the same Fine Accordingly on Wednesday July 5. 1682. Thompson and Farrell were Pillored with this Writing over their Heads For libelling the Justice of the Nation by making the VVorld belive that Sir Edmondbury Godfrey murdered himself The Trial of Nathaniel Reading Esq before the Commissioners of Oyer and Terminer at the King's-Bench-Bar at Westminster on Thursday April 24. 1679. ON Wednesday April 16th 1679 His Majesties Commissioners of Oyer and Terminer did meet at Westminster-Hall in the Court of King's-Bench When and where the Commission was Read and the Grand-Jury Sworn and then Sir James Butler the Chief Commissioner that then appeared gave them their Charge informing them briefly of the Occasion of their meeting desiring them to go together and take the Witnesses being first sworn along with them which they did for about half an hour and then returned finding it Billa Vera. After which the Court Adjourned to Thursday April 24. On which day the Commissioners there met viz. Sir Francis North Kt. Ld. Ch. Justice of His Majesties Court of Common-Pleas William Montague Esq Ld. Ch. Baron of his Majesties Court Exchequer Sir William Wylde Kt. and Bar. one of his Majesty's Justices of the King's-Bench Sir Hugh Windham Kt. one of his Majesty's Justices of the Common-Pleas Sir Robert Atkins Kt. of the Bath another of the Justices of the Common-Pleas Sir Edward Thurland Kt. one of the Barons of the Exchequer Vere Bertie Esq another of the Justices of the Common-Pleas Sir Thomas Jones Kt. another of the Justices of the King's-Bench Sir Francis Bramston Kt. another of the Barons of the Exchequer Sir William Dolben Kt. another of the Justices of the King's-Bench Sir William Jones Kt. his Majesty's Attorney-General Sir James Butler Kt. one of the King's Counsel and the Queen's Attorney Sir Philip Mathews Bar. Sir Thomas Orbey Kt. and Bar. Sir Thomas Byde Kt. Sir William Bowles Kt. Sir Thomas Stringer Serjeant at Law Sir Charles Pitfield Kt. Thomas Robinson Esq Humphrey Wyrle Esq Thomas Haryot Esq Richard Gower Esq After Proclamation made for Attendance the Lord Chief Justice North discharged the Grand Inquest and Mr. Reading being set to the Bar his Indictment was read to him Being for Soliciting Suborning and endeavouring to perswade Mr. William Bedloe to lessen stifle and omit to give Evidence the full Truth according to his Knowledg against the Lord Powis Lord Stafford Lord Petre and Sir Henry Tichborn but to give such Evidence as he the said
Reading should direct as also for giving the said Mr. Bedloe 50 Guinies in Hand and promising him greater Rewards for the Ends and Purposes aforesaid To which he pleaded Not Guilty in Thought Word or Deed. Then the Jurors sworn were Sir John Cutler Joshua Galliard Esq Edward Wilford Esq Thomas Henslow Esq Thomas Earsby Esq John Serle Esq Thomas Casse Esq Rainsf Waterhouse Esq Matthew Bateman Esq VValter Moyle Esq Richard Pagett Esq John Haynes Esq Mr. Reading at first challeng'd Sir John Cutler as being in Commission of Peace and labour'd very much to have made his Challenge good But the Court over-rul'd it in regard Sir John was not in the particular Commission then sitting and for that he could not challenge him peremptorily the Indictment not endangering his Life as it might have been laid but only for a Misdemeanour Thereupon the Court proceeded and the Indictment being read to the Jury Edward VVard Esq of Counsel for the King in this Cause opened it and Sir Creswel Levinz opened the Charge After which Mr. Reading to save time admitting those Publick Passages laid in the Preamble of his Indictment as that Coleman Ireland c. were Executed for Treason and that the Lords in the Tower were accused and impeached in Parliament for this Plot Mr. Bedloe was sworn and deposed That Sir Trevor VVilliams brought him first acquainted with the Prisoner who began with him as a friendly Adviser in publick always pressing him to discover what he knew of the Plot but in private advising him to be cautions and not to run at the whole Herd of Men intimating as if the Ld. Ch. Justice also seemed displeased at his forwardness saying that he would make the Parliament his Friends by proving the Plot the King his Friend in not charging all the Lords and the Lords his Friends by being kind to them That the Persons Mr. Reading most sollicited for were the Lords Petre Powis and Stafford and Sir Henry Tichborn Mr. Roper Mr. Caryl and Corker That he should have Mony and an Estate by the negotiation of the Prisoner at the Bar to shorten the Evidence and bring them off from the Charge of High-Treason That he and Mr. Reading had several Consultations about this matter none of which he did conceal but revealed them presently to the Prince the Earl of Essex Counsellor Smith Mr. Kirby and several others And that he did not give in his full Evidence against VVhitebread and Fenwick a Ireland's Tryal because he was then treating with Mr. Reading who had made him easie That the Prisoner in assurance of his Reward told him he had order to draw blank Deeds to be sign'd in ten days after the discharge of those for whom the Sollication was made That he and the Prisoner had a private Consultation in his Bed-chamber March 29. last when Mr. Speke and his own Man Henry VViggens were hid privately in the Room and over-heard the main of the Consultation and Overture of Mr. Reading At what time Mr. Bedloe was to pen his Testimony as the Prisoner should direct him for the mitigation of the Evidence That when that Paper was finished the Prisoner carried it to the Lords to consider of it And that after they had consider'd of it and mended it as they pleas'd Reading return'd with the Emendations written with his own hand and deliver'd them to Mr. Bedloe in the Painted-Chamber who held them so behind him that Mr. Speke as it was agreed took them unobserved out of his hand Which Paper being then Produced was read in open Court Then Mr. Speke was sworn who deposed That on Saturday morning March the 29th last he was hid behind the Hangings between the Bed's-head and the Wall in Mr. Bedloe's Chamber as was agreed on before and there he heard Mr. Reading's and Mr. Bedloes Negotiation together That Mr. Bedloe asked the Prisoner what the Lords said to the Business and what the Lord Stafford said to the Estate in Glocestershire To which the Prisoner answered That the Lord Stafford had faithfully promised him to settle that Estate upon Mr. Bedloe and that he had Orders from that Lord to draw up a blank Deed in order to the Settlement which the said Lord had engag'd to Sign and Seal within 10 days after he should be discharg'd by Mr. Bedloe's contracting of his Evidence And that the Lords Powis and Petre and Sir Henry Tichbourn had faithfully engag'd and promis'd to give Mr. Bedloe a very fair and noble Reward which should be suitable to the Service he should do them in bringing them off from the charge of High-Treason To which when Mr. Bedloe answer'd that he would not rely upon their Promises only but expected to have something under their Hands Mr. Reading reply'd That they did not think it convenient so to do as yet but that Mr. Bedloe might take his Word as he had done theirs and that he would engage his Life for the performance With much other Discourse all tending to the same effect That on the Monday morning he saw Mr. Reading deliver the Paper to Mr. Bedloe from whom he received it and he and Mr. Wharton read it immediately in the Lord Privy Seal's Room After him Henry Wiggen's Mr. Bedloe's Man deposed That he was concealed under the Rugg upon his Master's Bed at the same time and to the same intent as Mr. Speke was giving the same Evidence as to what had been discours'd of between the Prisoner and his Master in the Chamber which afterwards he and Mr. Speke writ down And that he saw Mr. Reading deliver the Paper to his Master in the Painted-Chamber and saw Mr. Speke take it who went with another Gentleman into the Lord Privy Seal's Room with it After this Mr. Reading began his Defence Protesting his own Innocency producing Mr. Bulstrode only to testify that the occasion of his going to the Lord Stafford was his sending for him which yet he did not without leave from the Committee of Secrets That then he was employ'd by the Lords only to get them their Habeas Corpus's And Sir Trevor Williams being called by him declared how he only recommended Mr. Bedloe to him for his Advise about having his Pardon as perfect as could be The Prisoner owning his being in Mr. Bedloe's Chamber at that time and taking his Evidence and carrying it afterwards to the Lords but that it was purely out of Conscience and to prevent Perjury and the Shedding of Innocent Blood and the Deed discoursed of was only for 200 l. to be paid him by the Lord Stafford within 10 days after he should be discharged pro Consilio impenso impendendo to be secured upon an Estate in Glocestershire the which Mony the Lord Stafford indeed told him when he had received he might dispose of it as he thought fit which Confession the Court declared amounted to the Confession of the whole Charge Then he endeavour'd the bespattering the Witnesses Relating how Mr. Bedloe had vilify'd Dr. Stilling-fleet
with a solemn Imprecation and disclaiming all the Crime in this Matter that had been charg'd against him Against Corker Dr. Oates swore That he was privy to the Promise of the 6000 l. which was to be raised among the Benedictines for carrying on the Design and as being President of the Benedictines he assented thereto That the said Corker gave Le Chese and the English Monks at Paris an account of the Jesuits Proceedings in England And that he had a Patent to be Bishop of London which the Witness had seen in his hand And that he disposed of several parcels of Mony which they called the Queen's Charity for advancing the Design That also he was privy to the Grand Consult in April and excepted against Pickering's being made choice of for killing the King in regard that he being engag'd to say High Mass an Opportunity might be lost in the mean time Mr. Bedloe further depos'd against him That he had been with him in the Company of others at Somerset-House where he heard him discourse in general concerning the Plot of Letters of Intelligence and raising an Army What Agitators the Conspirators had in the Country and what Interest they had made To this Corker offer'd in his Defence That not knowing his Accusations he could not come with Evidences to support his Plea That there was nothing more easy than to accuse an innocent Person and that the Circumstances ought to be as credible as the Witnesses of which there was neither to be found in his Case using many Flourishes to move the Court and the Jury raising his Arguments from Improbability of Witnesses to maintain his Allegations And the more to invalidate Oates's Testimony he produced one Ellen Rigby Elizabeth Sheldon Alice Broadhead who testified That one Stapleton was President of the Benedictines and not himself and that the said Stapleton had been so for many Years Against Marshal Dr. Oates depos'd That he was present when the 6000 l. was agreed upon and that he made the same Exceptions against Pickering that Corker had done Mr. Bedloe swore also against him That he had carried several Letters to Papists in the Country that were in the Design and particularly one to Sir Francis Ratcliff And that he had sent Letters of his own twice to others concerning the subverting of the Government and introducing Popery To this Marshal throwing himself upon the Court whom he besought to manage his Cause for him as having had so much Trial of their Candour and Ingenuity he made some slight Reflections upon the King's Evidence and desir'd the Court to consider how-little concern'd he was at his being apprehended which was no small sign of his Innocency Relating the manner of it though very falsly as Sir William Waller then swore But the main of his Evidence lay upon this stress That Dr. Oates was a stranger to him and had mistaken him for some other Person which also was evidently made out to the contrary besides that the Prisoner brought no proof of what he affirm'd in that particular The Conclusion of his Defence was a smooth Harangue ad captandum populum and in justification of the Crimes of the five Jesuits that had already suffered which because it was look'd upon as an affront done to the Justice of the Court the Ld. Ch. Justice replied in a very smart and excellent Harangue whereat the people gave a Shout again upon him and the Court desir'd him to forbear his Flowers of Rhetorick which were all to no purpose Against Rumley only Dr. Oates swore That he was privy to the Consult for the raising the 6000 l. and that he pray'd for the Success of the Design And being but one Witness against him he did not think it needful to trouble the Court with a Defence And indeed it was the Opinion of the Court deliver'd to the Jury that they ought to discharge him After this the Ld. Ch. Justice summ'd up the Evidences taking Notice of the weakness of the Prisoners Defences only expressing himself dissatisfied at Dr. Oates's excuse of his own weakness and infirmity for not giving his full Charge against Sir George Wakeman at the Council Board Since he might have charg'd him in the same breath that he denied he had any thing more against him Saying it was strange that the Prisoners should have so little knowledg and so little accquaintance with Oates and Bedloe and so great a matter as they speak should be true c. As soon as my Lord had done speaking Mr. Bedloe told him he had not summ'd up his Evidence right His Reply was I know not by what Authority this Man speaks An Officer then being sworn to keep the Jury the Judges went off the Bench leaving Mr. Recorder and some Justices to take the Verdict And after about an Hours space the Jury returned and brought them all four in contrary to Expectation Not Guilty After which the Court Adjourned The Trials of Andrew Brommich and William Atkins Priests at the Summer-Assizes at Stafford As also of Charles Kern a Priest at Hereford-Assizes before the Lord Chief Justice Scroggs 1679. ON VVednesday Aug. 13. 1679. the Court sate And the Night before the Lord Chief Justice having charged the Sheriff to return a good Jury he now enquired of him if he had observed his Directions The Sheriff acquainted his Lordship That since he had impannelled the said Jury he had heard that one Allen who had being returned said in Discourse with some of his Fellows that nothing was done against the Popish Priests above and therefore he would do nothing against them here nor find them Guilty Whereupon his Lordship called for the said Allen and one Randal Calclough one of his fellow Jury-men and another Witness upon Oath who proving the words against him his Lordship discharg'd him of the Jury and committed him to Prison till he found Sureties for his good Behaviour And likewise three more of the Jury were discharg'd upon suspicion of being Popishly-affected his Lordship commanding the Sheriff to return good Men in their Places which was accordingly done and the Jury sworn viz. Thomas Higgin John Webb Edward Ward Thomas Marshall John Beech. Randal Calclough Richard Trindall James Beckett VVilliam Smyth VVilliam Pinson Daniel Buxton Richard Cartwright Then Andrew Brommich being set to the Bar was Indicted for being a Priest And to prove him so Ann Robinson deposed That she had received the Sacrament from him about Christmas last according to the Church of Rome in a Wafer and four times more before that time twice at Mr. Birch's and twice at Mr. Pursall's Then Jeoffery Robinson deposed That he heard him say something in an unknown Tongue and that he was in a Surplice but being a Papist was hardly induced to say so much Brommich's Defence was only a denial that ever he gave the Sacrament to Ann Robinson or if he did that it could be no Sacrament unless he was a Priest He desired also that it might be took notice
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
testified that he being to carry Mrs. Pressicks before Justice Lowther Bolron's Wife said she was sorry for it for she believed her to be an honest Woman and had been a good Neighbour amongst them Mary Walker Servant-maid to Mrs. Lassels Thwing's Sister testified that Bolron proffer'd her 10 l. to swear Thwing was a Priest Then William Bacchus said that when he served a Warrant on the two Mrs. Bolron's to go before Mr. Lowther they said they could say nothing against Six Tho. Gascoyne nor any of the Family Cuthbert Hamsworth said that fie heard Bolron swear Revenge against the Lady Tempest for prosecuting a Suit against him Then the Prisoner endeavoured to prove he was not at Barnborow-hall in 1677. by George Twisley Groom to Sir Tho. Gascoyne who could only say that he used to come there but a night or two in a Year Joseph Cooper said that about a Year ago he heard Mowbray say he knew nothing of the Plot and that he believed Sir Tho. Gascoyne was guilty of no such thing for if he had he should have known it as soon as Bolron and he was a Rogue and a Knave for saying any such thing Edward Cooper sen said he then heard Mowbray say he thought Sir Thomas Gascoyne was not guilty of the Plot. Isabel Heyward a Girle that lived with Bolron as a Servant testified that her Master and Mistrifs falling out she said she would not go to London and if he made her go she would swear that what he had sworn against Mrs. Pressicks was out of Malice Alice Dawson testified that the day after New-years-day was twelve-month Mrs. Bolron said she was sorry for nothing but that her Husband had meddled with Mrs. Tressicks One or two Witnesses more were called but nothing to the purpose Therefore Mr. Justice Dolben summ'd up the Evidence and Mr. Baron Atkins proceeded to do the same And the Jury withdrawing for a while brought in Thomas Thwing Guilty and Mary Pressicks not Guilty And on the Monday following Mr. Justice Dolben sentenced him to be Drawn Hang'd and Quarter'd The Trials of William Viscount Stafford in Westminster-hall from November the 30th to December the 7th 1680. before the House of Peers ON Tuesday Nov. the 30th the Right Honourable Henege Lord Finch Baton of Daventry Lord High Chancellor of England being constituted Lord High Steward for the present occasion and all things fitted for the purpose in VVestminster-hall and both Houses being seated and the Commons all bare VVilliam Viscount Stafford was brought to the Bar kneeling till the Lord High Steward bid him rise and a Chair set for him After which making a short Speech to him concerning the occasion of his appearing there the Articles of Impeachment High Treason against him and the other Lords in the Tower by the Commons of England were read which consisted of seven Heads The 1st That there hath for many Years a Plot been contrived c. 2ly Naming the Persons concerned therein and particularly the Noble Lord at the Bar. 3ly That consults had been held and the Murder of the King resolved on therein c. 4ly That consultations have been for the raising of Men Mony Arms c. 5ly That Commissions had been given and received and particularly a Commission for the Lord Stafford to be Pay-master of the Army 6ly That to hide and hinder a Discovery an Oath of Secresy and the Sacrament had been given and taken and Sir Edm. Godfrey murdered 7ly That the Guilt of that Murder was endeavoured to be put upon Protestants c. The Lord Stafford's Answer to which was then also read wherein he put himself upon his Peers for Trial affirming himself Not Guilty After this Serjeant Maynard Sir Francis VVinnington and Mr. Treby being of the Committee appointed for the Management of the Evidence opened the Charge and Evidence in very excellent Speeches And proposed to prove first the Plot in general and the Guilt of this Lord therein in particular And therefore as to the first Mr. Smith being sworn gave a full relation of his Travels and Perversion and of what he had heard beyond Sea and in England concerning this Plot. How Abbot Montague and Father Gascoyne in France and other Priests and Jesuits told him that if he would turn Catholick he should have Employment among them there and afterwards England for that they doubted not but the Popish Religion would come in very soon and that because as the Abbot said they doubted not to procure a Toleration of Religion and because the Gentry that went abroad did observe the Novelty of their own Religion and the Antiquity of theirs and the Advantages that were to be had by it But one Father Bennet and others said they doubted it not because their party was very strong in England and in a few Years they would bring it in right or wrong That it was Cardinal Crimaldi who perverted him about 1671 to the Romish Religion at Provence and that afterwards he lived several Years in the English Jesuits Colledg at Rome where he hath often heard it disputed and preached and exhorted that the King of England was an Heretick and that there was no King really reigning and whoever took him out of the way would do a meritorious Action particularly by Father Anderton Mumford Campion but chiefly Southwel one of the chief of the Jesuits That when he came away thence for England these Fathers for a whole Month were exhorting that the King of England was not to be obeyed and that in all private Confessions all Persons who might be thought capable of any design were to be instructed that they should use all their Endeavours for promoting Popery That while he was at Rome he read Coleman's Letters of Intelligence once a Month and therein how the Duke and the Queen and the chief of the Nobility were of their side how they carried matters several times the ways the Lord Clifford and Sir VVilliam Godolphin did use to effect the work and that they question'd not to get the Lord Danby on their side too That when he return'd into England he found all the Popish Clergy in great hopes of Popery coining shortly in That he knew of Money gathered in the North but refused to joyn therein That as to the Lord Stafford he knew nothing but that Sir Henry Calverley was turned out of Commission of the Peace through Complaint made to my Lord Stafford of his being active against Popery And that he writ to one Smith that he would not make over his Estate as others did for that he expected some sudden Change or Alteration That the Cardinal who perverted him at the same time spoke of great Assurances that Popery would prevail in England that there was but one in the way and tho that Man was a good natured Man yet they could not so far prevail upon him but that to accomplish their designs they must take him out of the way That now he had been a Protestant two
be Drawn Hang'd and Quartered and in the Courts and proceedings below they can take no notice of any Judgment for High-Treason but that Then Sir Creswell Levinz desired for the King being his Attorney-General to have that Judgment because if any other were given it would be prejudicial to his Majesty and be a Question in the inferior Courts as to his Attainder of High-Treason So it was ordered that the ordinary Judgment should be pronounc'd upon him Which their Lordships and the Commons being returned and the Court sate was accordingly by the Lord High Steward he premising a short pithy Speech wherein he acquainted him that what he had said in Arrest of Judgment had been found by the Lords to be of no moment at all speaking to the certainty of the Plot and of his share therein advising now to consider how God had left him and that he never leaves any but who leave him first To think what kind of Religion it is wherein he had been led to this And to consider that true Repentance was never too late moving him to give God the Glory by a free Confession c. After Sentence pronounc'd the Prisoner desired his Relations and Friends might come to him And the Lord H. Steward inform'd him that the Lords intended to become humble Suitors to his Majesty to remit all the Punishment but the taking off his Head The Prisoner weeping answered That their Justice did not make him cry but their Goodness Then the Lord High Steward broke his Staff and the Lords Adjourned into the Parliament-Chamber and the Commons returned to their House and the Prisoner with the Ax born before him with the Edg towards him it being carried contrarily during his Trial was sent back to the Tower On Wednesday December 29. 1680. About 10 in the Morning he was brought to the Scaffold on Tower-Hill And pulling off his Hat he pulled a Paper out of his Pocket and read it as his Speech which the very same day before two a Clock came out in Print as his Speech and he delivered divers Copies signed by himself to Mr. Sheriff Cornish and other Gentlemen about him He then desired he might have liberty to pray in his own Way which being granted he kneeled down by the Block and taking out of his Pocket another Paper he read a Latin Prayer which done he gave the Paper to Mr. Sheriff Bethel and then spoke to the People about the Scaffold to this effect God bless you all Gentlemen God preserve his Majesty He is as good a Prince as ever govern'd you Obey him as faithfully as I have done and God bless you all Gentlemen Then he strip's himself to his Wastcoat and after some few short private Discourses with his Friends he laid down his Neck on the Block and stretched himself The Executioner being demanded by the Sheriffs whether he had any Sign he answered No. Then the Prisoner raised up his Head and said He had no Sign to give but the Executioner might take his opportunity and laid his Neck on the Block again After which in a short time the Executioner did his Office by severing his Head from his Body and holding up the Head in his Hand carried it about the Scaffold shewing it to the People and saying Here is the Head of a Traitor The Body was put into a Coffin and conveyed to the Tower The Arraignment and Plea of Edward Fitz-Harris Esq c. at the King's-Bench Bar at Westminster in Easter-Term 1681. ON Wednesday April 27. 1681. the Grand Juries for the County of Middlesex were sworn and after the Charge delivered by Mr. Justice Jones His Majesty's Attorney General desired That some of that Grand Jury which served for the Hundreds of Edmondton and Gore might be present at the swearing of the Witnesses upon an Indictment for High-Treason to be preferred against Edward Fitz-Harris Prisoner in the Tower of London which was granted But the Grand Jury being under some Scruples against receiving of the Bill desired the Opinion of the Court therein which Mr. Justice Jones alone thought not fit to give but ordered them to attend next day when the Court was full Accordingly on Thursday April 28. the said Grand Jury came to the Bar and Mr. Michael Godfrey Brother to Sir Edmond-bury Godfrey who was their Foreman requested the Court that before they proceeded upon this Indictment that this same Fitz-Harris might be examin'd about his Brother's Death of which he was supposed to know much and presented a Petition which the Jury own'd which desired the Opinion of the Court Whether it was safe for them to meddle with the Indictment of Fitz-Harris because he was impeached by the Honourable House of Commons which Impeachment being not received it was voted by them in their House That he should not be tried by any other Inferior Gourt To which the Ld. Ch. Justice Pemberton reply'd that it was the Opinion of all the Judges who had assembled to debate this Matter for their satisfaction that they ought not to take notice of any of these things but to proceed upon this Indictment according to the Evidence After which the Jury went away and found the Bill On Friday April 29 Serjeant Stringer moved for an Habeas Corpus to bring up Fitz-Harris to be examined by the Court about the Death of Sir E. Godfrey The Court granted the Writ And said he should be Arraigned upon the Indictment against him and then they would examin him On Saturday April 30. Edward Fitz-Harris was brought with a strong Guard to the King's-Bench Court Where desiring to plead to the Jurisdiction of the Court he put in his Plea which was read the substance of it being what the Grand Jury's Petition had express'd about his being Impeached by the Commons which not being sign'b by any Counsel the Court refus'd and upon his Request assign'd him Sir Francis Winnington Mr. Williams Mr. Pollexfen and Mr. Wallop giving to Wednesday May 4. to prepare his Plea After which The Prisoner being carried away to be examined was then return'd to the Tower On Monday May 2. Sir Francis Winnington and the other three of Counsel for Mr. Fitz-Harris came to the Bar and moved the Court for an Explanation of the Rule concerning themselves and the Business they were assigned for Praying for longer time to draw up the Plea and for a Copy of the Indictment Both which were denied them And upon Mrs. Fitz-Harris's Motion Sir William Jones Sir Geo. Treby and Mr. Smith were added to her Husband's Counsel and leave given for a Sollicitor to carry Papers to and fro in the presence of the Lieutenant Mr. VVallop desired Counsel might be assigned in his place because of the shortness of the time allowed them but it could not be granted On Wednesday May 4. the Prisoner appearing put in his Plea the which Mr. Attorn Gen. Mr. Sol. Gen. Serj. Maynard Serj. Jefferies Sir Francis VVithins and Mr. Sanders being the King's Counsel used great
he should be call'd to an Account for all his Actions for all the World might see that he did resolve to bring in Arbitrary Power and Popery and that unless he would let the Parliament sit at Oxford since he had called them together and put the People to Charges in chusing them and them in coming down he should be seiz'd at Oxford and brought to the Block as was the Logger-head his Father That the Parliament should sit at Guild-hall and adjust the Grievances of the Subject and of the Nation and that no King of his Race should ever Reign in England after him And unless the King did expel from his Council the Earl of Clarendon cunning Lory Hide the Earl of Hallifax that great turn-coat Rogue that was before so much against the Papists a Rascal whom we should see hang'd and all the Tory Counsellors England should be too hot for him That for this End there was in the City 1500 Barrels of Powder and 100000 Men ready at an hour's warning and that every thing was ordered in a due Method against the sitting of the Parliament at Oxford And that he should see England the most glorious Nation in the World when they had cut off that beastly Fellow Rowley who came of the Race of Buggerers for his Grand-father King James buggered the old Duke of Buckingham Railing then at Judg Pemberton saying Let him try Fitz-Harris if he dare I shall see him go to Tyburn for it I hope a turn-coat Rogue That he was for the Plot whilst he was puisne Judg but now he was Chief Justice he was the greatest Rogue in the World even like one of the Pensioners in the Long Parliament That the Prisoner would moreover have put this Informant upon charging the King With the firing of London and the Murder of Sir Edmondbury Godfry telling him that such and suck Lords should live and die by him and that he needed not to fear but that England should espouse his Cause And discoursing then of the Libel of Fitz-Harris The Devil take me said Colledge every individual Word is as true as God is in Heaven and that if the Informant did not join with Fitz-Harris in his Evidence and charge the King home he was the basest Fellow in the World because he made them Slaves and Beggars and would make all the World so and that it was a kind of Charity to charge him home that we might be rid of such a Tyrant He depos'd further That he also receiv'd a blew Ribbond from Mr. Colledge whom meeting after he came from Oxford he asked Where now were all his Cracks and Braggs for that the King had fool'd them who answered That they had not done with the King yet though they could do nothing then for that no Servant no Man living did know whether he would dissolve the Parliament that Day That he was that very nick of Time at the Lobby of the Lords House and there was a Man came in with a Gown under his Arm and every one looked upon him to be a Tailor and no Body did suspect no not his own intimate Friends except it were Fitz-Gerald that he would Dissolve the Parliament that Day But presently he put on his Robes and sent away for the House of Commons and when he had dissolved them before ever the House could get down he took Coach and went away otherwise that the Parliament had been too hard for him for that there was never a Parliament-Man but had divers armed Men to wait on him and that he had his Blunderbuss and his Man to wait upon him The next Witness against Mr. Colledge was Mr. Turbervile who being sworn deposed That when the Parliament sat in Oxford about the middle of the Week he dined with Mr. Colledge Capt. Brown and Don Lewis Clerk of Derby-House at the Chequer-Inn in Oxford After Dinner Don Lewis went out about some Business and Capt. Brown went to sleep and Mr. Colledge and he fell a talking of the Times and he was observing he thought the Parliament was not a long-liv'd Parliament Whereupon Mr. Colledge answered That there was no Good to be expected from the King for he and all his Family were Papists and had ever been such Then said Turbervile the King will offer something or other by way of surprize to the Parliament Said Colledge I would he would begin but if he do not we will begin with him and seize him for there are several brave Fellows about this Town that will secure him till we have those Terms that we expect from him adding That he had got a Case of Pistols and a very good Sword and a Velvet Cap Giving Turbervile a piece of blew Ribbond to put in his Hat to be a distinction if there should be any disturbance Then Mr. Masters was sworn who deposed That he and Colledge had been long acquainted And that a little before the Parliament at Oxford about Christmass after the Parliament at Westminster at Mr. Charlton's Shop the Wollen-Draper in Paul's Church-Yard discoursing with him about the Government he was justifying of the late Long-Parliament's Actions in Forty He said That that Parliament was as good a Parliament as ever was chosen in the Nation and that they did nothing but what they had just cause for and that the Parliament that sat last at Westminster was of their Opinion and so he should have seen it And that another time he calling him in a jocose way Colonel Colledge bid him mock not for he might be one in a little time Then Sir William Jennings being sworn deposed That Colledge gave him one time a Picture and another time he saw him bring into a Coffee-House a parcel of blew Ribbond with No Popery No Slavery wrought in it and sold a Yard of it there to a Parliament-Man as he took him to be for 2 s. who tied it upon his Sword And that on that very Day the Parliament was Dissolved at Oxford he came to him standing in the School-House-yard telling him Mr. Fitz-Gerald had spit in his Face and that he spit in his Face again and that so they went to Logerheads together and that upon Sir William's telling him his Nose bled he said I have lost the first blood in the Cause but it will not be long before more be lost The Evidence for the King here ending Mr. Serj. Holloway briefly explained to the Jury that the seizing the Person of the King was in Law a compassing and intending his Death as it was worded in the Indictment which therefore they ought so to understand Then Mr. Colledge desired to be resolved these Questions upon the Evidence which he had heard 1. Whether any Conspiracy for which his Indictment was had been herein proved 2. Whether there ought not to be two Witnesses distinct to swear words at one and the same time And 3. Whether any Act of Treason done at London shall be given in Evidence to prove the Treason for which he was now
them and that he saw a Silk Armour which Colledge told him he did provide against the Papists for he said he did expect we should have a Brush with them however that this would do no harm Then Mr. Samuel Oates Dr Oates's Brother was called who testified That he was also at this Dinner and that Mr. Colledge walk'd with him and his Brother from the Coffee-house to the Tavern and that Smith followed them That he saw neither Cabals nor did he remember that Colledge slept or that Dr. Oates and Mr. Savage discours'd so together nor heard he any treasonable words spoke but only common Discourse Then Mr. Bolron being called appeared and declared That on July 25. last as he Mr. Mowbray and Smith were travelling from York toward London Smith asked him If he did not remember that Sir John Brooks told him at Ferry-Bridge when they were coming before to London that there would be cutting of Throats at Oxford and that the Parliament did go provided some with eight some with six some with four Men and they were to meet at Grantham and go together To which he replied that he remembred Sir John Brooks said They went with Horse and Arms to secure them from High-way Men and that the Discourse was there would be cutting of Throats at Oxford which made them go with Arms to defend themselves Mr. Smith told him he had given his Majesty an Account of it which occasioned the Dissolving of the Parliament And that he had given a further Account that there was to be a Consult at Grantham wherein it was resolved That it was better to seize the King than to let him go on That Smith would have perswaded him to have given in the same Evidence and said That if he did manage it rightly against my Lord Shaftsbury and Colledge he would make him for ever Further telling him that he must say so and so for if they did not agree it would signify nothing And that he discovered this to my Lord-Mayor soon after he came to Town Then the Attorney General asked Mr. Bolron if he knew any thing of any Pictures of Mr. Colledges making or had seen the Rary Show Who replied That he had seen the Character of a Popish Successor but never the other Whereupon one Mr. Charlett a Master of Arts of Trinity-Colledge was sworn who deposed That Mr. Bolron had shewn him in a Coffee-House in Oxford the Pictures of the Tantivies and Towzer and told him they were made by Colledge But Mr. Bolron only owned that he had seen the Character of a Popish Successor And then proceeded to declare concerning Hains that he had been several times in his Company in January February and April last and had heard him say he knew nothing of a Popish Plot nor of a Presbyterian Plot neither but if he were to be an Evidence he did not care what he swore but would swear and say any thing to get Mony That to day he would be a Papist to morrow a Presbyterian he did not care for Religion he would never die for Religion he would be of that Religion that had the strongest Party Then Mr. Mowbray was called who attested to Smith's Discourse on the Road and that he would have drawn him in to be an Evidence against Sir John Brooks whom he had no acquaintance with nor came he up with him on which he applied himself to Mr. Bolron Then Serj. Jefferies asked him when they set out from York and he answered the 3d of August which disagreeing with the Time Mr. Bolron had spoke to the Serjeant failed not to make his usual flourishes upon it though Mr. Bolron's Almanack did sufficiently prove it his mistake However the Court failed not to reprove his rash Assertion Then Mrs. Bolron Mr. Bolron's Wife was called who only said That within three Weeks since Smith came up from York-Assizes he sent several times to her House for her Husband and Mr. Mowbray to have them concerned with him in some Business he had in hand that now and then they have gone to him but they knew his Business because they had Discourse with him as they said upon the Road and they would not go Then Mr. Everard was call'd who said He had been to see Mr. Smith very lately and he told him he knew of no Presbyterian or Protestant Plot and that when my Lord Howard was tried that is the Bill brought against him he said He wondered how my Lord Howard could be Guilty and that both himself and he were joined as Evidence to that Jury only to put a gloss upon the Evidence for said he I have nothing material to say And further to prove a Design of the Papists to turn a Plot upon the Protestants Mr. Everard declared that Justice Warcup would have perswaded him to have sworn against some Lords a Presbyterian Plot but he denied that he knew any such thing of them And concerning Haynes he said That he told him that it was Necessity only that drove him to speak any thing against the Protestants For he had but short Pay and it was Self-preservation because he being brought in Guilty when he was taken up he was obliged to do something to save his Life And it was a Judgment impending upon the Nation either upon the King or People he knew not which But these Irish Mens swearing against them was justly fallen upon them for their Injustice against the Irish in outing them their Estates Then the Court was acquainted that Mr. Warcup was just come in and desired to vindicate himself But it was waved saying There was no weight in it Nor was Mr. Everard allowed to make any further Discovery of shamming the Plot upon the Protestants Then Mr. Thomas Parkhurst was called who could only say That in November last being with Mr. Dugdale and Mr. Symonds at Mr. Colledge's House he saw there some few Arms which he said he had provided for his security against the Papists Mr. Symonds being called declared the very same Story Whence the Prisoner inferred That his Arms were not prepared for his Oxford Expedition this being before that Parliament was called Then one Mr. Yates whom Mr. Dugdale had employed to make a Pistol for Mr. Colledge testified That three Weeks after the Oxford Parliament he heard Mr. Dugdale say in discourse of Colledge that he believed him to be an honest Man and one that stood up for the Good of the King and the Government Then Mr. Clayton at whose House Mr. Colledge lodg'd while he was in Oxford testified that Mr. Colledge brought no Arms to his House but one Sword by his Side and a pair of Pistols in his Holsters and that he never saw Mr. Dugdale in Mr. Colledge's Company in his House Then several from Watford in Hartford-shire the Town wherein Mr. Colledge was born and some others appeared for him and testified to his civil Behaviour and that he was a Protestant Then Mr. Colledge declared to the Court concerning the
Papers that had been charged upon him that they were none of his nor did he ever own them for his nor could he ever make Pictures nor did he ever in his Life and that that very Person whom Mr. Dugdale said he owned he got it to be printed by had denied it before the King and Council Then Elizabeth Hunt the Prisoner's servant appeared who testified That about 7 or 8 Weeks before the seizure of the Papers a Porter brought three Bundles of Papers for her Master in his absence which lay in a Box in his Counting-house a Week or Fortnight before she told him of them And as to Mr. Dugdale that she going to him for Mony he owed her Master after he was in Prison and he not paying her it as he promised she said to him Sir I think 't is very hard that you should keep my Master's Mony from him and yet go and swear against his Life too he said to her There was a great deal of do about his swearing against her Master more than needs but as he hoped for Salvation he did not believe Mr. Colledge had any more hand in any Conspiracy against his Majesty than the Child unborn Mr. Colledge inform'd the Court that this Maid moreover told him in the Tower before he came away that Mr. Dugdale desired to be remembred to Mr. Smith Colledge's Counsel and told her he had nothing against her Master that could touch his Life or an Hair of his Head and that he knew nothing of a Plot against the King and that if he could help it he had as lieve he had given 100 l. he had never spoken what he had Which she own'd for truth and Dugdale then denied evading it by telling the Story another way Then Mrs. Godwin being called appeared who related concerning the Papers that three Messengers coming to search for them on the Saturday after her Brother's confinement and they not finding them she got her Brother-in-law George Spur to carry them away to his House at Busshie to secure them till they should know what they did concern Then Spur being called did not appear Then the Attorny General called for one John Shirland who appeared to be a Man that lived by his Shifts and had been whip'd in Bridewel who swore that Mr. Bolron would have given him 10 l. and an Horse to go down and swear against Sir Miles Stapleton Which Bolron denied Then Smith deposed likewise against Mr. Bolron that he told him as they were traveling that he had as much to say against Colledge as any Body and that if he would speak for him he would evidence against Sir John Brooks for a discourse at Ferry-Bridge Which Mr. Bolron deny'd likewise Then no more Witnesses being called Mr. Colledge began to make his Observations upon the Evidence to the Court Professing his own Innocency as to what had been sworn against him and upon what had been attested for him owning his Zeal for his King Parliaments Church of England and against Popery Relating how he came acquainted with Haynes and the discoveries he made to him of the Popish Plot and of Sir Edmondbury Godfrey's Murder for which the Court interrupted and reproved him as not to the purpose and then he went on to sum up his own Evidence complaining of his close Confinement so that he could not procure that Evidence he otherwise might have done for himself The Statute of Decimo tertio was read to him and then Mr. Colledge very pathetically recommending himself to the Justice of his Jury concluded his Defence Then Mr. Sollicitor General largely summ'd up the Evidence and Mr. Serjeant Jefferies and the Lord Chief Justice did the same Then the Court called for two Bottles of Sack which the Jury divided among themselves at the Bar for their Refreshment in the presence of the Prisoner After which a Bailiff was sworn and the Jury withdrawing to consider of their Verdict the Court adjourned for half an hour and when they returned the Jury brought the Prisoner in Guilty At which there was a great Shout given whereat the Court being offended one Person who was observed by the Cryer to be particularly concerned in the Shout was committed to Goal for that Night but the next Morning having received a publick Reproof was discharged without Fees Then it being about 3 a Clock in the Morning the Court adjourned to 10. At which hour the Court being sat and first Mr. Aaron Smith having entred into a Recognizance of 500 l. to appear the first day of the next Term at the Court of King's-Bench the Lord Chief-Justice after a short speech directed to the Prisoner pronounced Sentence upon him to be Hang'd Drawn and Quartered which was accordingly executed upon him over against the Gate of the Castle at Oxford on Wednesday August 31. 1681. And his Head and Quarters through his Majesty's Grace were delivered to his Relations and by them brought up to London and privately interred The proceedings at the Sessions-House in the Old-Baily London on Thursday November 24. 1681. before his Majesty's Commissioners of Oyer and Terminer upon on the Bill of Indictment for High-Treason against Anthony Earl of Shaftsbury The Grand Jury Sir Samuel Barnardiston John Morden Thomas Papillon John Dubois Charles Herle Edward Rudge Humphrey Edwin John Morrice Edmund Harrison Joseph Wright John Cox Thomas Parker Leonard Robinson Thomas Shepherd John Flavell Michael Godfrey Joseph Richardson William Empson Andrew Kendrick John Lane John Hall THE Lord Chief Justice Pemberton gave the Charge wherein he explained the Nature of Treason particularly from the Statute of the 13th Car. 2. and explained the Validity of two Witnesses and the Jury's present Duty After which a Bill of High-Treason was offered against the Earl of Shaftsbury and Sir Francis Withens moved That the Evidence might be heard in Court Then the Jury desired a Copy of their Oath which the Court granted and then they withdrew After some little time they returned and being called over by their Names The Foreman acquainted the Lord Chief Justice That it was the Opinion of the Jury and they claim'd as their Right that they ought to examine the Witnesses in private But the Lord Chief Justice deny'd that it was their Right but was their Advantage and it was the King's desire it should be publick in which also the Lord Chief Justice North concurr'd and then therefore the Indictment was read wherein the Earl of Shaftsbury was charged with High-Treason for conspiring the Death of the King and subversion of the Government The Jury then desired a List of the Names of the King's Evidence But they were told that they being indorsed upon the back of the Indictment which they were to have out with them it was needless Then they requested to see the Warrant by which the Earl of Shaftsbury was committed but that they being told that the Lieutenant of the Tower kept for his Indemnity could not be granted Then they requested that the Evidence might
and he should have a Pardon and that if the King did deny it as he durst not they would rise upon him and force him After him Bernard Dennis being sworn gave some account of his first coming into England and how he began his Acquaintance with the Earl of Shaftsbury and was recommended by him understanding him to be a Clergy-Man to Dr. Burnet and afterward to Mr. Ferguson in order to the bringing him over and how my Lord proffer'd him a Benefice And that one time being with him my Lord asked him How many there might be of his Name in his Country and told him that he would have him to advise those of his Name and Friends to be in a readiness when-ever occasion shall serve to stand by and assist the Common-Wealth of England for that they did really intend to have England under a Common-Wealth and would extirpate the King and all his Family as near as they could And said he admir'd at the Irish Nation to be such Fools for that it was very certain that King James Queen Elizabeth King Charles the First and the King that now is does wrong them to very Destruction But that a Common-Wealth would take more pity of them than any do now in this time wherein the King governs Here the King's Evidence ceasing the Jury enquired upon what Statute the Indictment was grounded and whether any of these Witnesses stood indicted To which the Court returning a satisfactory Answer they withdrew and the Court adjourned till three of the Clock When being sat again the Witnesses were all called one by one and examined by the Jury concerning what they had severally deposed Wherein nothing was remarkable but what they examin'd Mr. Secretary Jenkins Whether he heard not a Debate in the House of Commons about an Association And that Booth acknowledged himself to be in Orders tho now not Beneficed Turbervile and John Macnamarra that though they signed the Petition to the Common-Council for some Maintenance and that they were tempted to revoke their Evidence yet never read it nor knew what was in it And that Haynes further said That he heard the Lord Shaftsbury say at a Pastry-Cook's Shop in Iron-Monger Lane that the King had no more Religion than an Horse That when he came came first to England he was inclined to Popery but since he was degenerated from all the Principles of Christianity being just like a perfect Beast The Witnesses being examined the Jury withdrew and took the Statute-Book with them and returned the Bill Ignoramus Upon which the People fell a Hollowing and Shouting which Mr. Attorn Gen. desired might be recorded The Trial of Charles John Count Conningsmark Christopher Vratz Captain John Stern Lieutenant and Charles George Borosky alias Boratzi before the Lord Chief Justice Pemberton At the Old-Baily on Tuesday February the 28th 1681. THE Prisoners then and there appearing were Arraigned for the barbarous Murder of Thomas Thynn Esq And being Foreigners Mr. Vandore and Sir Nathaniel Johnson were sworn Interpreters They pleaded Not Guilty and desired their Jury might consist of half Foreigners which was granted And the Count desired his Trial might be put off a day or two and that he might be tried by himself neither of which were granted Then after some Challenges on both sides the Jury sworn were Sir William Roberts Bar. Moses Charas Gent. Richard Pagett Esq Charles Beelow Gent. George Hocknal Esq Peter Vandenhagen Gent. Walter Moyle Esq Christopher Ripkey Gent. Thomas Henslow Esq Daniel Griggion Gent. John Haynes Esq John Lebarr Gent. To whom the Indictment was read and Mr. Keen and Sir Francis Withens opened the same and then William Cole deposed That on Sunday Feb. 12. about a quarter after Eight at Night his Master Thomas Thynn Esq was coming up St. James-Street from the Countess of Northumberland's and he was walking with a Flambeau in his Hand before the Coach and coming along at the lower end of St. Albans-Street he heard the Blunderbuss go off and turning his Face back saw a great Smoke and heard his Master cry out he was murdered and saw three Horsemen riding away on the right side of the Coach whom he pursued and cried out Murder He ran to the upper end of the Hay-Market till he was quite spent and then turning back again his Master was got into the House whom he understood was wounded One of the Men was upon a little Bay Horse William Ellers deposed That then and there he coming with his Master from the Lady Northumberland's there came three Men riding by the right side of the Coach and as they rid one of them turned about and said Stop you Dog And just as he looked about the Fire was let into the Coach upon his Master and the Men ran away as fast as they could and that he could not know any of their Faces Mr. Hobbs the Chirurgeon deposed That he was with Mr. Thynn about nine or ten a Clock that Night he was wounded and found him shot with four Bullets which entred into his Body tore his Guts and wounded his Liver and Stomach and Gall and broke one of his Ribs and wounded the great Bone below of which Wounds he died and believed there as never a Wound but was Mortal He shewed the Court the four Bullets two of which he thought might be Iron one he found in the Stomach one between the Ribs and the Skin and two were lodged in the Back-bone Then Mr. White the Coroner deposed That on Feb. 13. he sat upon the Body and found four Holes on the right Side behind his short Ribbs as if made with Bullets and he gave order to open the Body and saw Mr. Hobbs take out the four Bullets Boresky being then told what was said replied That he fired the Blunderbuss but did not know how many Bullets there were because he did not charge it but he could tell who did But the Ld. Ch. Justice said that would not be material because his Evidence could charge no Body but himself Then Mr. Bridgman and Sir John Reresby deposed That Borosky Vratz and Stern were examined by them and proffer'd to read their Examinations but the Ld. Ch. Justice would not suffer it because their Evidence could charge no Body but themselves and he would not let the Jury be possess'd by that which is not Evidence And therefore they were only suffer'd to help their Memories by the Examinations and to mention only what they had confessed as to themselves Therefore they said that Borosky then confessed that he came into England at the desire of Count Conningsmark But here the Ld. Ch. Justice interrupted again the Evidence and bid Mr. Bridgman only relate his Confession as to himself which was That he fired the Musquetoon by the Captain 's Order who had before bid him to fire as soon as ever he stopped the Coach Capt. Vratz confessed that he came with a Design to fight Mr. Thynn having sent him Challenges by Post from
July 13. 1683. THen and there the Prisoner appearing he was Arraigned upon an Indictment of High-Treason for conspiring the Death of the King and subversion of the Government To which being required to plead he desired a Copy of his Indictment but being told nothing could be granted till he had pleaded he pleaded Not Guilty And then complain'd of his being arraign'd and tried at the same time desiring a Copy of his Panel having had only some Names of Persons usually upon Juries and that his Trial might be deferr'd till the Afternoon in regard he had a Witness that was not in Town But the Attorn Gen. urg'd the Jury might be called Then the Prisoner desired a Pen and Ink and some to write for him and to have the use of his Papers all which were granted And then John Martin being named the Lord Russel asked if he were a Free-holder of forty Shillings a Year saying that he thought none were allowed but such as were Free-holders To which the Court replied That no Pannel was made in London by Free-holders for that London Estates belonging either to the Nobility or Gentry that lived out of the City or to Corporations London was excepted To this his Lordship urged the Statute of 2 Hen. 5. wherein he said it was positive that in Cases of Life and Death no Man should be judged but by those that have forty Shillings a Year But the Attorn Gen. not allowing the Prisoners Exceptions his Counsel were called and again assigned him by the Court Mr. Pollexfen Mr. Holt and Mr. Ward who learnedly urged what they took to be Law in that Case and were answer'd by the Attorn Gen. Mr. Sol. Gen. Sir George Jefferies and Mr. North the King's Counsel And then it was adjudged by eight of the Judges being present viz. the Ld. Ch. Justice the Ld. Ch. Baron Mr. Justice Wyndham Mr. Justice Jones Mr. Justice Charlton Mr. Justice Levins Mr. Baron Street and Mr. Justice Withens that in case of Treason Free-hold was no good cause of Challenge The Jury-men therefore were called and after the Lord Russel hah challenged 31 of them the following Persons were sworn viz. John Martin William Rouse Jervas Seaton William Fashion Thomas Short George Toriano VVilliam Butler James Pickering Thomas Jeve Hugh Noden Robert Brough Thomas Oneby To whom the Indictment being read the same was opened by Mr. North and the Attorny-General opened the Evidence And then Col. Rumsey being sworn deposed That about the latter end of October or beginning of November the Lord Shaftsbury sent him from his Lodging by VVapping to Mr. Shepherd's to the Duke of Monmouth the Lord Russel Lord Grey Sir Thomas Armstrong and Mr. Ferguson there met to know what Resolution they were come to about the rising of Taunton Their answer was That Mr. Trenchard had failed them that he had promised 1000 foot and 300 Horse but when he came to perform it he could not He thought the People would not meddle unless they had some time to make Provision for their Families That Mr. Ferguson made this Answer the Lord Russel and the Duke of Monmouth being present and the Lord Grey saying something to the same purpose And upon this it was the Lord Shaftsbury prepared to be gone That he was with them at Shepherd's about a quarter of an hour and that there was some discourse about seizing of the Guards at the Savoy and Mews in case the Insurrection had gone on which was to have been on Novemb. 19. and that the Duke of Monmouth the Lord. Grey and Sir Thomas Armstrong undertook to view the Guards and that the Lord Russel assented to all this and the Witness was to have gone to Bristol by the order of the Earl of Shaftsbury against that time Then Mr. Shepherd deposed that in October Mr. Ferguson came to him in the Duke of Monmouth's Name to request the conveniency of his House for him and some other Persons of Quality to meet That in the Evening came the Duke of Monmouth the Lord Grey the Lord Russel Sir Thomas Armstrong Col. Rumsey and Mr. Ferguson one after another That Sir Thomas Armstrong desired they might be private and therefore what they wanted he fetch'd up himself not suffering his Servants to come up That their Discourse was about seizing the Guards and the Duke of Monmouth Lord Grey and Sir Thomas Armstrong went one time to view them and the next time they met at his House he heard Sir Thomas say the Guards were very remiss in their Places and not like Soldiers and that the thing was feasible if they had strength to do it That they met twice at his House and the Prisoner was there both times That Mr. Ferguson read a Paper in the Nature of a Declaration setting forth the Grievances of the Nation in order to a Rising He could not say the Lord Russel was present at the reading of it but Col. Rumsey was who then deny'd it saying it was over before he came Then the Lord Howard being sworn began his long Evidence with a low Voice pretending the News he had just then receiv'd of the Earl of Essex's Fate had sunk his Voice and a long Story of the Designs of the Earl of Shaftsbury an Account of which he had from Capt. VValcot whom he brought acquainted with the Earl of Shaftsbury and by whom the Earl of Shaftsbury sent for him while he absconded at one VVatson's at the end of VVoodstreet and there discover'd to him his Design of the Rising and that he had 10000 brisk Boys ready to follow him whenever he held up his Finger who were to possess themselves of the Gates and would in an Hour's time be 5 times multiplied But that his Design was much retarded by the backwardness of the Duke of Monmouth and the Lord Russel who failed him in not being ready prepared to concur with him in the Country that he then endeavour'd to shew the Earl of Shaftsbury the necessity of having those Lords concurrence in so weighty an Undertaking and proffer'd his Service to bring them to a right Understanding among themselves to this end he spoke with the Duke of Monmouth who deny'd that either he or the Lord Russel had given the Earl of Shaftsbury any incouragement to be so forward because they knew the Country could not be ready to stir so soon That a Meeting was then propos'd but afterwards put off by reason of the Earl of Shaftsbury's fears of being discover'd That the Duke of Monmouth told him that the Lord Russel had been with the Earl of Shaftsbury and preswaded him to put off his Rendezvouz for only a Fortnight against which time they would try to be ready for him But the Country not being ready that Design was disappointed That in October Captain Walcot acquainted him with the Design upon the King with which he acquainted the Duke of Monmouth who said he would never suffer it and they did all they could to prevent it This failing the
all Risings and that he said the Lord Howard was a Man of Luxureant Parts but he had the luck not to be trusted by any Party Dr. Tillotson Duke of Somerset Lord Clifford Mr. Levenson Gore Mr. Spencer and Dr. Fitz-VVilliams spoke as to his Lordship's Conversation And then the Lord Howard being asked by the Jury what he said to the Earl of Anglesey's Evidence owned what the Earl said but that he did it to out-face the Matter and if he said untrue he ought not to be believed on his Oath insinuating that he meant what he said to be meant of a Design of Murthering the King which he did not not believe the Duke of Monmouth or the Lord Russel guilty of Carrying his knife close as he express'd it between the Paring and the Apple After this the Lord Russel made a short Conclusion protesting his Loyalty and Innocence telling the Jury he was in their Hands and pray'd God to direct them Then the Solicitor General summ'd up the Evidence and after him Serjant Jefferies taking Notice of the Earl of Essex's Death as an Evidence of Guilt did the same And the Ld. Ch. Justice deliver'd his Charge to the Jury and then the Court Adjourned till 4 a Clock in the Afternoon when the Jury brought the said Lord Russel in Guilty of the said High-Treason The Trial of John Rouse Gent. at the Old-Baily on Friday July 13. 1683. THen and there the Prisoner appearing having been arraigned the day before upon an Indictment of High-Treason for conspiring the Death of the King and subversion of the Government and pleaded Not Guilty he moved the Court but in vain for longer time And therefore the Jury sworn after several Challenges were Robert Beddingfield John Pelting William Windbury Theophilus Man John Short sen Thomas Nicholas Richard Hoare Thomas Barnes Henry Robbins Henry Kempe Edward Raddish Edward Kempe To whom the Indictment being read Mr. Jones and Sir George Jefferies opened the same and then Thomas Leigh was sworn against whom the Prisoner excepted because he had been sworn against as Guilty by two Persons and being acquainted with the Prisoner he was afraid the Prisoner should swear against him and therefore come now to swear against the Prisoner first But this was not allowed to be any Objection Therefore Mr. Leigh deposed that he had been concern'd in this Conspiracy and knew something of it but that he believed Mr. Rouse knew a great deal more for that Goodenough and the Prisoner engaged him in a Design of raising of Men and Goodenough told him the Design was to set up the Duke of Monmouth and kill the King and the Duke of York and that Sir John Moor and the Aldermen were to be kill'd and their Houses plundred and that there would be Riches enough which would serve to maintain the Army That Mr. Rouse told him he could provide Arms for 100 Men and that nothing was to be done unless the King was seized saying we might remember since 41 when the King went and set up his Standard therefore said he we will seize them that they shall not set up their Standard But said he was not for shedding their Blood That he said also it would be convenient to have a Golden Ball play'd upon Black-Heath and to get some Sea-Captains to manage that Affair and said he would engage Ten and he that wins the Ball take it That every Captain should then take his Party and tell them they had other work and then go with Long-Boats and Arms and seize the Tower That he acquainted Goodenough with this and telling him the Charge of the Ball which the Prisoner had told him would be 10 or 12 l. he said if it were 40 l. he would be at the Charge of it all That after he heard he was sworn against Mr. Rouse cut off his Hair and procured him a Wig and lodged hint at his House That he and Rouse and Mate Lee went several times to view the Tower That Rouse told him he had spoke to two Sea-Captains who were willing but one was going to New-Jersey and therefore the Work must be done before he went or he could not assist That while he lay hid at Rouse's House Mr. Nelthrop and Mr. Goodenough directed him to deny all when-ever he should be taken into Custody and if could not touch his Life That they met several times afterwards and had an Account in June last that Mr. Goodenough was in the North raising Men and that the Duke of Monmouth was thereabouts and that a Deliverance should be wrought for all this That the Design was so laid that he was told it was to be done in a Fortnight That they never agreed on a Method to kill the King but that they told him they had 1000 Horse ready in the Country and 500 Horse ready in Town and that the King should be kill'd coming from Windsor That they were contriving to send Arms by Night in Trunks to some private Place where they were to arm themselves in the Night and some brisk Men were to go to VVindsor to know when the King came and give Information and so they were to set upon him in some convenient Place and both the King and the Duke were to be taken off together Mr. Rouse saying Take them off and then no Man can have Commission to fight for them And both to him and in Company Mr. Rouse who had been a Traveller had said That the King was sworn both in France and Spain to bring in Popery and Arbitrary Power in so many Years and therefore it was no Sin to take him off and told him he had it under his own Hand Then Mate Lee deposed That the Prisoner had several times treated with him to get Seamen fitting to make Commanders of Ships some of the King's Men of War that lay at Deptford and VVoolwich for that the Tower and VVhite-hall was to be secured or else they could do nothing Mr. Thomas Corbin deposed That in 1681 he heard the Prisoner say He thought the Session of the Oxford Parliament would be very short But those frequent Prorogations and Dissolutions of Parliament would not avail the King son that what ever he has the Parliament gave him and they may take it away when they please Upon which one bidding him have a care what he said he reply'd The King had forfeited his Crown and had no more right to it than he had Mr. VVilliam Richardson deposed That when the Prisoner was first seiz'd he denied his Name to be Rouse calling himself Johnson The Prisoner's Defence was only a retorting the Accusation upon the Witness alledging That Mr. Leigh first discoursed these Treasons to him which he only listned to to pump out the bottom of his Design that he might discover them Protesting his Innocency and that the words Mr. Corbin testified against him was not spoke of the Parliament but of the Pope and he had been before tried and acquitted for them Saying it
because he had heard that he had confessed many Treasons and desired to know if he was pardoned alledging that otherwise he could not be a good Witness but the Ld. Ch. Justice would not bear of it he having been a Witness at the Ld. Russel's Trial and therefore being sworn he deposed That as to the Plot in general Capt. VValcot had told him in October last the Lord Shaftsbury designed an Insurrection in November which he disswaded him from and a little afterward he told him the thing was disappointed and upon it Shaftsbury went into Holland That Col. Rumsey about Christmass told him the D. of Monmouth E. of Essex Ld. Howard Ld. Russel Mr. Hambden jun. and the Prisoner at the Bar intended an Insurrection but afterwards he said they would not venture thereon till they had a Concurrency in Scotland That Mr. Nelthrop afterwards told him that Colonel Sidney had sent Aaron Smith into Scotland with Letters to invite some Scotish Gentlemen to Town with Mony to bear his charges The Letter bearing a Cant of settling Business in Carolina but really was in order to the Insurrection That afterwards Mr. Smith returned and some Scotish Gentlemen with him And soon after Mr. Ferguson said the Scots proposed That if they might have 30000 l. in ready Money they would undertake to make an Insurrection in Scotland without the Concurrence of England which Proposal he said was agreed to and the Mony would be soon ready and Mr. Shepherd would return it That the Arms were ready bought and the E. of Argile would go into Scotland and head the Scots That some difference arose about raising this Mony but the Ld. Gray did offer to raise 10000 l. out of his own Estate if the rest would pay their Proportion That then the Scots came down to less but were not complyed with That the places for rising were Bristol Taunton York Chester Exeter and London where it was to begin That the Prisoner and Major VVildman were very instrumental in breaking off this Agreement because they could not agree about a Declaration and about the form of Government the English inclining to a Common-wealth which the Scotish Nobility it was supposed would not agree to That as to the Prisoner he knew nothing in particular and never spoke with him till since the Discovery Then Colonel Rumsey being sworn deposed That about the latter end of October or beginning of November he was sent by the E. of Shaftsbury to Mr. Shepherd s to know of the Gentlemen met there who were the D. of Monmouth the Ld. Gray Ld. Russel Sir Thomas Armstrong Mr. Ferguson and Mr. Shepherd what was done about the Rising intended at Taunton who told him that Mr. Trenchard had failed them and that it must cease for that time That afterwards he met several times in March April and May at Mr. West's Chamber and other places with Capt. VValcot Mr. VVest the two Goodenoughs Mr. Bourn and Mr. VVade where they had divided the City into twenty parts of seven parts of which Mr. Goodenough brought an account but said nothing of the other thirteen because he had not spoken with those who were to tell him how many Men they would afford for the Insurrection That a Council of six as Mr. VVest and Mr. Goodenough told him did manage the Rising which were the D. of Monmouth E. of Essex Ld. Howard Ld. Russel Colonel Sidney and Mr. Hambden Then Mr. Keeling deposed That in Summer last Mr. Goodenough brought him three Papers one for himself and the other two for whom he could trust in the two Divisions whom asking if he design'd a General Insurrection he reply'd that if he did not if the King was taken off this would do well for then the People would know how to have recourse to a formidable Body And he had heard him also say that Colonel Sidney whom he knew not had a considerable part in the Management of that Affair Then the Ld. Howard deposed That about the middle of January last the D. of Monmouth Colonel Sidney and himself being together who he supposes were the first Movers hereof did think it necessary to an Enterprize that had been long in hand and fallen flat then that it should be revived by some select Cabal not exceeding seven that should be set up to give it Life and govern its Motions To this end the D. of Monmouth undertook to engage the E. of Salisbury the Ld. Russel and Colonel Sidney the E. of Essex and Mr. Hambden Soon after he was told the Persons named had agreed and had appointed a meeting at Mr. Hambden's House that Month where he met them viz. the D. of Monmouth E. of Essex Ld. Russel Colonel Sidney Mr. Hambden and himself and being met Mr. Hambden opened the Session giving an account of the Reason End and Intention of that Meeting That afterwards they discoursed of the time of Rising and of Arms and Mony to be provided the D. of Monmouth propounding 25 or 30000 l. but before any advance should be made a Coalition with Scotland was to be procured and a fit Person thought on to be sent thither That about the middle of February following they had another Meeting at the Ld. Russel's House where it was propounded by Mr. Hambden discoursing of the Government they would terminate in to have all resolved into the Power of a Parliament which though sounding harsh to some there was consented to it being only a publick Good which all intended Then was considered the setting a Correspondency with the E. of Argile the Ld. Melvin Sir John Cockram and the Campbels Colonel Sidney proposing Aaron Smith to be sent taking the care hereof upon himself whom afterwards he sent and he saw about sixty Guinies which the Prisoner told him were for Smith and afterwards told him that he had heard from him from Newcastle after this he going into the Country heard nothing further Sir Andrew Foster then depos'd as to his seeing Sir John Cockram Commissary Monro and the Campbells in Town at the beginning of Summer coming up under a pretence of making a Purchase in Carolina but that after the Rumor of the Plot Cockram absconded and the Campbells Father and Son he heard were seiz'd changing their Lodgings Then Mr. Atterbury deposed that the beginning of July last he was sent for into London upon a discovery of some Scotch Gentlemen that lay bout Black-Fryers and when he came the Common Serjeant had been before him and found Sir Hugh Campbel and Sit John Cockram who had been some little time in Town making an escape into a Boat After this Sir Philip Lloyd swore his seizing of Papers in Colonel Sidney's House the latter end of June last the Colonel being present and that he believed those Papers shewn him now in the Court to be the same Mr. Shepherd swore that he was acquainted with his Hand and that he believed the Writing shewn him was his Hand for that he had seen him write the
1684. was brought from thence by Habeas-Corpus to the Bar at the King's-Bench at Westminster where being Arraign'd he was told of his being Indicted and Outlaw'd and thereby Attainted for High-Treason and ask'd what he had to say why Execution should not be awarded against him upon that Attainder To which be reply'd that since he had made an Ingenuous Confession to his Majesty of all that he knew of any manner of Conspiracy against him he hoped That would render him Capable of Mercy and Pardon Upon which the Attorny-General offer'd him a Trial that if he had any thing to say he Defend himself from the Indictment but he Confessing himself Guilty of many things therein declin'd it and threw himself wholly upon the King's Mercy But the Court telling him that the King was the Dispenser of his own Mercy and that they were only to Execute his Justice gave a Rule for his Execution upon Wednesday Sevennight after there being no other Judgment to be pronounced in such Cases as the Court told the Attorny-General when he moved for it the Outlawry it self being the Judgment Which accordingly was Executed upon him on Wednesday the 30th of April 1684. at Tyburn Proceedings in the Court of King's-Bench against Sir Thomas Armstrong June 14. 1684. Sir George Jefferies being Lord Chief Justice SIR Thomas Armstrong Kt. was upon the 14th of June 1684. brought by a Writ of Habeas-Corpus from Newgate to the Bar of the Court of King's-Bench at Westminster and there Arraign'd upon an Outlawry of High-Treason for conspiring the Death of the King c. And being ask'd what he had to say for himself why Sentence should not be awarded against him upon that Attainder pleaded his being beyond-Sea at the time of the Outlawry and desired to be tried upon the Indictment Which the Court refusing to grant him he pleaded the Statute of the 6th of Edw. the 6th which gives the Person Outlaw'd a Year's time to reverse the Outlawry and desired it might be read which accordingly was done But it appearing by the Statute That the Person Outlaw'd ought to render himself to the Chief Justice of England within a Year's time Sir Thomas was told this did not concern him for he had not rendred himself but was taken and brought thither against his Will To which he answered That the Year was not then expir'd fie was there and did now render himself and pray'd Counsel might be assign'd him to argue it in Point of Law but the Court over-rul'd him in it telling him There was no such Doubt or Difficulty in the Matter as to need any such thing Upon which insisting much upon his Innocency and offering to make proof of it if he might be admitted to a Trial he produc'd Holloway's Case as a Precedent for it who had but a little before been offer'd it at the same Place but the Court told him that what had been done therein was meerly from the King's Grace and Mercy and that the King might extend the same Mercy to him also if he so pleas'd but since he had not done so and it not being their Business they must proceed to award Execution upon the Outlawry Upon which Mrs. Matthews Daughter to the Prisoner call'd out to the Court not to Murder her Father For which the Chief Justice caus'd her to be committed to the Marshal and accordingly she wishing that God Almighty's Judgments might light upon them was carried away the Chief Justice saying That he thanked God he was Clamour-proof After which the Attorn Gen. offered to shew the Reasons why the King extended that Grace to Holloway but ought not to extend it to Sir T.A. as not at all deserving any sort of Indulgence or Mercy but that having relation to the Evidence and not to the Outlawry the Court refus'd to hear any thing of it and so proceeded to give a Rule for his Execution the Friday following telling him upon his earnest pressing to have the Benefit of the Statute he had cited the he should have the Full Benefit of the Law And accordingly on Friday the 20th of June he was Executed at Tyburn Mrs. Matthews upon a Petition being before releas'd out of Custody without Fees The Trial between Sir William Pritchard Kt. and Alderman of the City of London Plaintiff and Thomas Papillon Esq Defendant in an Action upon the Case at the Sessions of Nisi Prius holden for the Court of Kings-Bench at the Guild-hall in the City of London on Thursday the 6th of November in Michaelmas Term in the 36th Year of the Reign of King Charles the Second 1684. Before Sir George Jefferies Kt. and Baronet then Lord Chief Justice of the said Court of Kings-Bench SIR William Pritchard late Lord Mayor of the City of London having in Easter Term last brought an Action upon the Case for falsly maliciously and without probable cause procured him to be arrested and imprisoned in his Mayoralty against Thomas Papillon Esq The Defendant pleaded Not Guilty and thereupon issue being joined it came this day to be tried before the Lord Chief Justice Jefferys and the Jury sworn to try this Cause were these Bartholomew Ferryman Thomas Blackmore Thomas Symonds William Whatton John Green Thomas Amy Joseph Baggs Daniel Chandler John Reynalds John Allen Joseph Caine William Withers jun. Then Mr. Munday being of Counsel for the Plaintiff opened the Case to which Mr. Attorney General added something And then Mr. Solicitor General called Mr. Keeling who being sworn deposed That on April the 24th he being sent for by a Letter from Mr. Goodenough came to Mr. Russel's a Cooks-shop in Iron-monger-lane to meet him where were 30 or 40 Persons together By whom while he was gone for a little while his Name was put into a Warrant to be a special Bailiff to arrest the Lord Mayor which he seeming unwilling to do was urged thereto for fear of displeasing the Discontented Party which he said were such as he and the Goodenoughs were of even such as would have killed the King and the Duke that being prevailed upon he went along with the Coroner Mr. Burton and Mr. Francis Goodenough to Grocers-hall where Sir William Pritchard kept his Mayoralty to whom the Coroner came up and said he had a Warrant against him and therefore pray'd him to give an Appearance at the Suit of Mr. Thomas Papillon and another at the Suit of Mr. John Dubois whereupon some Words passed between them and the Lord Mayor refusing to give any Appearance the Coroner bid us execute our Warrants upon which he came up to the Lord Mayor and touched him upon the Shoulder telling him that he did arrest him at the Suit of Thomas Papillon Esq and one Ferdinando Burley arrested him then again at the Suit of Mr. John Dubois and then the Coroner dismissing them and taking the Lord Mayor into his own Custody he went thence to Sir Henry Tulse's and arrested him also Then Sir Henry Tulse being called and sworn deposed that about
of the Season had chang'd their Opinion so that now they disbelived that which they believed before and perhaps for as little Reason as they believed him at first For he could not expect that a Man who believes without a Principle should not recant that Belief without a Reason But the Court call'd this a Reflection and spar'd him not for it The other part of his Defence consisted of his endeavouring to prove that he was here seen in London in April and May 1678. To this end Mrs. Cicilia Mayo Sir Richard Barker's House-keeper deposed That she saw Dr. Oates at her Master's House in Barbacan the latter end of Apr. or beginning of May being about a Week before Whitsontide in that Year the Plot broke out That the Coachman told her he had been there once or twice before but this was the first time she saw him he having on grey Clothes a white Hat and a short Periwig and dined there with her Lady's Sister and others Sir Richard being then sick in the Country That he came afterwards when she saw him in black Clothes a longer Periwig which was brown That she never knew the Prisoner before then but they told her who it was Then John Butler Sir Richard Barker's Coachman deposed That he also saw Mr. Oates at his Master's House the beginning of May before the Plot in a disguise having on a grey Coat and white Hat and his Hair cut short but without a Periwig enquiring for Dr. Tongue Mrs. Mayo then also looking upon him in the Court through the Window And that afterwards he came in a Cinnamon-coloured Coat and green Ribbons and a long black Periwig and that he dined there several â—â—mes Then Philip Page Sir Richard Barker's Man that used to make up his Physick for him deposed That he remembred he did see the Prisoner at his Masters in grey Clothes but he was not certain as to the time only he believes it was in May. Then Mr. Walker a Minister deposed he met the Prisoner in a Disguise between St. Martin's-Lane and Leicester-Fields not exactly remembring the Time when only he thought it about a Year and a quarter before he was first examin'd and that the Elm-Trees were then budded forth as big as an Hazle-Nut After this reflecting on the discredit the St. Omers Witnesses had once been in and of their not prosecuting of this Cause before this time he concluded his Evidence And the King's Counsel proceeded to answer his Defence producing the Records of Sir George Wakeman and Earl of Castlemaine's Trials to prove that his Evidence there was not believed which were read and Sir George Wakeman being sworn deposed what it was the Prisoner then swore against him and protested the falsity of it and his own Innocency The same also the Earl of Castlemain did in like manner And then the Lords Journals were produced where it was recorded that the Prisoner said he could accuse no Body else but those that he named and yet soon after he accused the present King and the Queen-Dowager but this upon search being not found to be a Record upon Oath it was not thought valid Evidence Therefore they proceeded to prove his Subornation of one Clay which was a Witness for the Prisoner at the Trial of the five Jesuits whom now he did not call and of Mr. Smith the School-master of Islington To this end part of Oates's Narative was read out of the Lords Journal wherein he accused this William Smith as concerned in the Plot as endeavouring to vilify the House of Commons c. And then a Certificate was read under Oates's Hand of this Smith's Honesty not three days before the Trial of the five Jesuits whence they would infer he had been tampering with him the which Smith himself being sworn was ready to have deposed but the Ld. Ch. Justice would not admit him to swear that he did forswear himself because such should never have the Countenance of ever being Witnesses again Therefore they proceeded to prove the Subornation of Clay and to this end Lawrence Davenport in whose keeping Clay was in Prison deposed that Sir William Waller and the Prisoner did hang'd for that they could prove him to be a Priest unless he would swear for Oates that he dined with him at Mr. Howards in May which he consented to so he might have his Mony restored that was taken from him saying he had been a Rogue before and did not know what he might be And this another Witness produced swore that Davenport told to him the next day in Prison Then Mr. Howard deposed That Clay was mistaken in his Testimony given at the Trials of the five Jesuits in being July and not May 1678 that he and Oates were at his House about which time there was no question of his being in England Then they read out of Oates's Narrative again wherein he had said how he return'd three or four days after the Consult of April 24 was over observing hence how his own Witnesses contradicted him who had deposed that they saw him here in London the latter end of May. And here the Counsel for the King concluding their Evidence Dr. Oates proceeded with his Defence only shewing out of the Lords Journal a Copy of their Resolve That there was a Plot and of their summoning up before them Thomas Bickley of Chichester for vilifying Dr. Oates and thereupon turning him but out of Commission objecting five things against their Evidence 1. Their Religion A Papist not being a good Witness in a Cause of Religion appealing to the Heavens Which the Ld. Ch. Justice call'd a Common-wealth appeal and bid him to be took away falling very foul upon the poor Doctor But stood in 't that 't was Law and the Lord Cooke's practice quoting Bulstrode's Reports 2d Part 155. He Objected 2. Their Education confessing themselves to be bred up in a Seminary which is against Law quoting 27o. Eliz. cap. 2. and 3. Car. 1. Cap. 2. Which also was over-ruled 3. Their Judgments in Cases of Conscience whereby they own they have Dispensations to swear Lies for the promotion of the Cause 4. It was refused at the Lord Shaftsbury's Trial to suffer the King's Evidence there to be Indicted of Perjury But all this the Ld. Ch. Justice told him was idle and nothing to the Purpose And therefore he went on to sum up his Evidence protesting the Truth of his Evidence and that he was resolved to stand by and seal it with his Blood which the Ld. Ch. Justice told him it was pitty but he should Then Mr. Sol. Gen. summ'd up the Evidence which while he was a doing Dr. Oates beg'd leave to withdraw being weak and ill with the Stone and Gout and having lien in Irons 21 weeks After him the Ld. Ch. Justice summ'd up the Evidence with all the Virulency and Gall his Wit or Malice could assist him And then the Jury withdrawing for about a quarter of an hour deliver'd in their Verdict
one executed the other having a Reprieve The Prisoner then denyed what he had confest in his Examination saying it was false and that he did not know whence Kelloway and Lawrence came nor did they tell him he confess'd he lodged them but that what he had done was ignorantly and that when his Examination was taken he was in a Maze and he did not know what was put down After this the Ld. Ch. Justice briefly summ'd up the Evidence and the Jury brought him in Guilty The Trial of John Fernley Barber at the Old-Baily on Monday October the 19th 1685. THE Prisoner then and there appearing was arraign'd upon an Indictment of High-Treason for harbouring concealing and relieving one James Burton whom he knew to be a Traitor c. to which he pleaded Not Guilty and the same Jury that was for Ring continued To whom the Indictment being read it was opened by Mr. Phips and Mr. Soliciter General and then the Record of the Outlawry of James Burton was produced and the said James Burton being sworn deposed That he came to London out of Monmouth's Army in the West on Wednesday about three Weeks after the Rout that he lodged two Nights with his Wife and then she being acquainted procured him a Lodging at Fernley's where he lodg'd two Nights more and was took there on Sunday Night That he had been gone two Years before being in the Proclamation for being with Rumbold at the Mitre-Tavern within Aldgate That he saw not Fernley till Sunday at dinner and then they discoursed of the Rout of Monmouth's Army Mrs. Mary Burton then swore how she being acquainted with Mrs. Fernley procured a Lodging for her Husband there not thinking him safe at home Then Mr. Reynolds deposed that he took Burton the beginning of August last at Mr. Fernley's House on a Sunday about eight a Clock at Night up one pair of Stairs who was got into the Chimney and tumbled down while he was there with the Soot about him and one pair of Stairs higher he took Fernley for harbouring him who then said he knew not who Burton was After this Burton's Pardon was produced and read whereby he was rendred a Legal Witness Then the Prisoner said he knew nothing of Burton till Sunday at dinner and then he discoursed him about his Escape in the VVest and that after dinner one Mr. Gaunt came to him and told Burton he should get him a Passage in a day or two's time and that he should take no care for Clothes or Money That he designed to have acquainted a Magistrate with his being at his House the next morning and because Gaunt said he would come again he delayed though he himself was a Constable with a design to apprehend them both And to testify his Conversation he called one Mr. William Rush a Distiller who appearing an Officer presently inform'd the Court he was a great Whigg Nay said Mr. Justice Withers if he be a Whigg he cannot be a little one Mr. Rush said Mr. Fernley always demeaned himself well among his Neighbours and was a good sober Man Mr. Justice Withins again reply'd in Scorn A Wapping Man A sober Wapping Man Then Captain Haddock and Mr. Dove were called but refused to come in But Mr. Whittal came in a Plumber who being ask'd if he went to Church answer'd he did constantly Yes said Mr. Justice Withins there were a parcel of them that went constantly to Church Trimingly Mr. Whittal testify'd to Mr. Fernley's sober Conversation and that he went always to Church and he never heard him speak against the Government The Prisoner then added that he was a poor Man and owed Money and he knew there was 100 l. for securing Burton and there was no Gain by concealing him which shew'd he had no design After the Lord Chief Justice then had summ'd up the Evidence the Jury withdrawing brought the Prisoner in Guilty The Trial of Elizabeth Gaunt the Wife of William Gaunt of St. Mary White-Chappel Yeoman at the Old-Baily on Monday October the 19th 1685. THE Prisoner then and there appearing was arraign'd upon an Indictment of High-Treason for harbouring James Burton and giving him five Pounds whom she knew to be a Traytor c. To which she pleaded Not Guilty And the Jury then sworn to try her and Mr. Cornish were these after Mr. Cornish had challenged thirty five Thomas Rawlinson Thomas Langham Ambrose Istead Thomas Pendleton John Grice Thomas Oneby William Clowdsley Richard Holford William Long-boat Steven Coleman Robert Clavel William Long. To whom the Indictment was read and opened by Mr. Phips and Mr. Attorney General And Mr. James Burton being sworn declared how through Keeling he was with Rumbold at the Mitre-Tavern within Aldgate where the killing of the King was discoursed of which he refused to meddle in and never therefore met but that one time but after Keeling had discover'd finding himself in the Proclamation he absconded for two Months and then Mrs. Gaunt procured him a Passage with Rumbold but the Vessel being leakie he durst not venture and so lay hid at his Daughter 's several Months after and then Mrs. Gaunt got him a Passage again and so he got to Amsterdam and she gave him about 5 l. and two Persons more went with him whom she helped away And this he supposes she did for him because her Husband had been with Capt. Walcot and him about seizing of the Tower Then Mary Gilbert Burton's Daughter deposed that Mrs. Gaunt fetched her Father away in order to send him beyond Sea Then Mr. Burton deposed that Mrs. Gaunt came and proffer'd to convey her Husband away c. And then Burton's Pardon was again produced To all which the Prisoner said very little only that she did not know that her Husband was concern'd in the Plot nor would she give any reason why she took so much care to send Burton away but left it to the Jury who after the Lord Chief Justice had summ'd up the Evidence brought her in Guilty The Trial of Henry Cornish Esq before the Lord Chief Justice Jones at the Sessions House in the Old-Baily on Monday October the 19th 1685. THE Prisoner then and there appearing was arraign'd upon an Indictment of High-Treason for conspiring the Death of the late King and Subversion of the Government c. To which after some Complaints he pleaded Not Guilty desiring his Trial might be deferr'd he having had no notice till last Saturday at twelve a Clock and he could get no Friend to him till eight at Night and then he was permitted to speak with no body but in the presence of the Goaler and had been allowed no Pen Ink or Paper The Court here told him he ought to have none without leave given on a Petition preferred by him He said his Children had petitioned the King the Night before to put off his Trial and it was referred to the Judges and that he did not know whether he was committed for High-Treason
with being then call'd for to the Bar and discharged Upon which my Lord Delamere replied That he should pray to Almighty God to be thankful to him for his Mercy and to my Lords for their Justice and pray'd God to deliver their Lordsships and all honest Men from Wicked and Malicious Lying and False Testimony and pray'd God to bless his Majesty and that long he might Reign And I pray God added the Lord H. Steward to continue to him his Loyal Peers and all other his Loyal Subjects Then a Serjeant at Arms having made Proclamation to Dissolve the Court the Lord High Steward took the White Staff from the Usher of the Black Rod and holding it over his Head broke it in two A Narrative of all the Proceedings against Henry Lord Bishop of London in the Council-Chamber at White-Hall by the Lords Commissioners appointed by his Majesty to inspect Ecclesiastical Affairs On Wednesday Aug. 4. 1686. Present in Council Lord Chancellor Lord Bishop of Durham Lord Treasurer Lord Bishop of Rochester Lord President Lord Chief Justice Herbert UPon my Lord Bishop's then and there appearing before them according to a Summons sent unto him the Lord Chancellor Jefferies ask'd him Why he did not suspend Dr. Sharp when the King commanded and sent him express Order so to do and told him what it was for viz. for preaching Seditiously and against the Government The Bishop answered That if he had done amiss it was not a wilful Fault and that he had took the best Advice he could get and was inform'd he could not do it legally but by way of Express and hearing him That he was not provided with such a Defence as he might have been not knowing what would be laid to his Charge and therefore desired some time and a Copy of their Lordships Commission and of his Charge But his having a Copy of their Commission denied him it being already publickly abroad he desired either to read or hear it read Hereupon the Bishop and all the Company were desired to withdraw and returning within about a quarter of an hour the Chancellor told him All the Commissioners were of Opinion that his Request was not to be granted it being unreasonable But they were willing to allow him more time the Bishop therefore prayed that he might have till the beginning of the next Term but a Week vvas thought enough and so they adjourn'd only until Monday next Aug. 9. 1686. Then and there the Bishop came attended with his Nephew the Earl of Northampton his Brother-in-Law Sir John Nicholas and his Brother Sir Francis Compton c. There being present in Council the same as before The Chancellor told him they vvere now ready to hear his Reasons But the Bishop replied He vvas not so ready as he might have been because he could not light of the Commission to see it until last Night tho he imployed all his time to search for it and he had not had time since to take Advice vvhat to answer and that his Counsel vvas out of Town in vvhom he thought to confide Then vvithdrawing for a quarter of an hour the Chancellor told him They vvould not admit of any quarrelling vvith their Commission for that they were well assured of the Legality of it But asking him what Time he desired at his request they granted him a Fortnight and adjourned It vvas observed that vvhen the Bishop spake concerning the Commission Sir Thomas Clarges spake aloud saying VVell put well put my Lord speaks nothing but Truth There was also another Gentleman Sir John Lowther of Lincolnshire vvho as he vvas coming away in the Crowd said There are some who have represented me as a Papist but the contrary shall appear I will not be afraid nor ashamed to vindicate my Lord Bishop of London 's Cause before the Commissioners themselves Tuesday Aug. 24. 1686. There being present in Council the same as at first the Lord Bishop attending and being asked what he had to say after some Apology for vvhat he vvas about to say he said His Counsel tells him that their Proceedings in this Court are directly contrary to the Statute-Law and vvere there ready to plead it if their Lordships would admit them But the Chancellor told him they vvould neither hear him nor his Counsel in the Matter they being satisfied of the Legality of their Commission Then the Bishop urged that their Commission he conceived did not extend to the Crimes laid to his Charge for they were to censure Faults vvhich are committed But this that he vvas accused of vvas before the Date of their Commission The Chancellor confess'd there vvas such a Clause but that those vvere general Clauses that take in things past as vvell as future Then the Bishop protesting in his own Right to the Laws of the Realm as a Subject and the Rights and Priviledges of lie Church as a Bishop he would with their leave give them his Answer Which was accepted and the Bishop withdrew and left Dr. Sharp's Petition which Dr. Sharp carried on Sunday June 20. 1686. to Windsor and was not admitted to be read Which is as follows To the King 's most Excellent Majesty the humble Petition of John Sharp Clerk sheweth THat nothing is so afflictive to your Petitioner as his unhappiness to have incurred your Majesty's Displeasure vvhich he is so sensible of that ever since your Majesty vvas pleased to give notice of it he hath forborn all publick Exercise of his Function and still continues so to do Your Petitioner can vvith great sincerity affirm That ever since he hath been a Preacher he hath faithfully endeavoured to do the best Service he could in his Place and Station as vvell to the late King your Royal Brother as to your Majesty both by preaching and otherwise And so far he hath always been from venting any thing in the Pulpit tending to Schism or Faction or any vvay to the disturbance of your Majesty's Government that he hath upon all Occasions in his Sermons to the utmost of his Power set himself against all sorts of Doctrines and Principles that look that vvay And this he is so vvell assured of that he cannot but apprehend that his Sermons have been very much misrepresented to your Majesty But if in any Sermon of his any Words or Expressions have unwarily slipp'd from him that have been capable of such constructions as to give your Majesty cause of Offence as he solemnly professes he had no ill Intention in those Words or Expressions so he is very sorry for them and resolves for the future to be so careful in the discharge of his Duty that your Majesty shall have reason to believe him to be your most faithful Subject And therefore he earnestly prayeth that your Majesty out of your Royal Grace and Clemency vvould be pleased to lay aside the Displeasure you have conceived against your humble Petitioner and restore him to that Favour vvhich the rest of the Clergy enjoy under your
Word again That they offered him their Petition to read but he did not think it fit for him to do it and therefore he refused and would not read it but that he went immediately to the King and acquainted his Majesty with it and he commanded him to let them know they might come when they would which he immediately did they said they would go and speak with some of their Brethren that were not far off in the mean time he gave order that they should be admitted when they came and they did in a little time return and went first into the Bed-Chamber and then into the Room where the King was And all this was before they appeared at the Council This was no Evidence Mr. Pollexfen said against the Archbishop because he was not there and nothing had been proved against him as done in Middlesex and for the other 6 Lords the Lord President did not say that this is the Petition that they said they had to deliver to the King Nor did he see them deliver any thing but that is still lest doubtful so that it stands upon Presumption and not upon Proof However the Kings Counsel desired to leave it fairly to the Jury upon this Fact and then therefore the Bishops Counsel desired to be heard in their Defence And First Sir Robert Sawyer in a long and learned Speech told the Jury that the Charge against the Bishops was That they did conspire to diminish the Royal Authority and to this end make a Libel against the King but that the Evidence fell far short of this which only proved that the Bishops in as private and humble a manner as they could presented the Paper to the King which was a Petition to be relieved against an Order of Council which they conceived they were aggrieved by and herein was no Sedition either in the matter or manner of delivering it That it was not to be question'd but that any Subject commanded by the King to do an unlawful Thing or what was against his Conscience might humbly tell the King why he could not obey him And that whereas Mr Attorn Gen. had at first said that the Bishops were not sued as Bishops nor prosecuted for their Religion he could not conceive what they were sued for else the Information being against them for an Act they did as Bishops and no otherwise it being what was their Duty and properly within their Sphere and Jurisdiction That whether therefore they consider'd the Matter of this Petition or Manner of delivering it or the Persons that deliver'd it there can appear no Reason for such an Information against them In the Matter of the Petition he consider'd two Things First the Prayer wherein he shewed there could be nothing of Falsity nor any thing contrary to Law for which reason he said possibly it was left out of the Information as being thought no part of a Libel and so made a deform'd story of it without Head or Tail a Petition directed to no Body and for nothing it being without both Title and Prayer Secondly he considered the Reasons of the Bishops for not complying expressed in it The first whereof is the Declarations of Parliament against the Dispensing Power and the next because it is a Matter of so great Moment and Consequence to the whole Nation that they could not make themselves so far Parties in it For if it be of any effect then by it not only the Laws of the Reformation but of all Religion are suspended and what a mischief that would be to the Church which is under the Care of my Lords the Bishops any one might easily apprehend While Sir Robert was speaking to these things the Ld. Ch. Justice said aside that he must not suffer this They intended to dispute the King's Power in suspending Laws Mr. Justice Powel reply'd to him that they could not avoid that Point because if the King had no such Power which was his Judgment then this Petition could not be Libellous The Lord Chief Justice told him he knew he was full of that Doctrine and because the Bishops should have no occasion to say that he denied to hear their Counsel he would let them talk on till they were weary Then for the Manner of delivering the Petition Sir Robert Sawyer proceeded to shew that from their Evidence it appeared to be in the most private and humble manner Leave being first asked and then given Then for the Persons he shewed that they did no more than what was their Duty and belonged to them the Act of 1 Eliz. cap. 2. making them special Guardians of the Law of Uniformity and of that other Law in his late Majesties Reign where all the Clauses of 1 Eliz. are revived Now in that Statute of 1 Eliz. there is this Clause And for the due Execution hereof the Queen 's most Excellent Majesty the Lords Spiritual and Temporal and all the Commons in this present Parliament assembled do in God's Name earnestly require and charge all the Archbishops and Bishops and other Ordinaries that they do endeavour themselves to the utmost of their Knowledges that the due and true execution hereof may be had throughout their Diocesses and Charges as they will answer before God for such Evils and Plagues wherewith Almighty God may justly punish his People for neglecting this good and wholsome Law By this he shewed that it was plain that the Bishops upon pain of bringing upon themselves the Imprecation of this Act of Parliament were obliged to see it executed and then when any thing comes under their Knowledg especially if they are to be Actors in it that has such a tendency to destroy the very Foundations of the Church as the Suspending of Laws has it concerns them that have no other Remedy to address the King by Petition about it and 't is the Duty of an Officer or Magistrate to tell the King what is Law and what is not he instancing in Cavendish's Case and another in the time of the Lord Hobbart Next to him Mr. Finch spoke briefly recapitulating the King's Evidence and then shewing that this Petition as well for the Matter of it as Manner of delivering it and the Persons by whom it was delivered was no Libel Particularly that the King 's Regal Authority and Royal Prerogative was no way diminished thereby for that the Declaration was founded upon a Dispensing Power which the King could not have Because a Power to abrogate Laws is as much a part of the Legislature which is only in the King and his two Houses of Parliament as to make Laws and a Power to suspend is equal to a Power of abrogating Laws because they are no longer in being as Laws while they are suspended That this was never attempted but in the last King's time which was took notice of and declared against in Parliament in the Years 1662 and 1672 the effect of which was that His Majesty cancell'd the Declaration and declared that it
Meetings was upon the account of carrying on the Conspiracy and discoursing about the Condition the Conspirators were in As to the intended Insurrection he said If he could but see a Cloud at big as a Man's Hand he would not be wanting to employ his Interest That the Prisoner also had told him that he intended to take an House near the Tower to place Men in in order to surprize it to that end he held correspondence with some Sea-Captains and that he had been with them at Coffee-Houses Mr. Richard Goodenough deposed That being in company with the Prisoner he had heard him approve of the Design and promise to use his Interest in raising Men and not only to be assisting in the Division allotted him but in surprising the City Savoy c. and in driving the Guards out of Town Then the Prisoner called several Witnesses to invalidate Lee's Testimony Sir Robert Adams testified to a false Report of his about beating three Knights Sir Simon Lewis was called to the same purpose but appeared not James Child could say nothing but that Lee was an Honest Man One Baker was also call'd to testify that Lee would have suborned him against the Prisoner to his Prejudice some Years since of which he had made Affidavit before Sir William Turner But Baker not appearing Sir William Turner was desired to give account of it but it being above two Years since he could not remember such Particulars His Clerk Mr. Tomkins remembred such an Affidavit was made in 1682 which mention'd Mr. Lee but to the best of his remembrance it was returned before the King and Council and he could not give any account of the Particulars Mr. Bateman then desiring to know upon what Statute he was Indicted and being assisted by his Son by reason of his Incapacity making little more Defence the Ld. Ch. Justice of the King's-Bench summ'd up the Evidence and other Prisoners were tried and just before the Jury went out the aforesaid Baker being found with much ado it was obtain'd that he should give in his Evidence which was That Lee perswaded him to intrude himself into the Prisoner's Company and some others and to discourse of State-Affairs by which means he would find a way to make him a Man of which he had made Affidavit before Sir William Turner But this the Court interpreted to Lee's Advantage as if he only thereby designed to make a discovery of the Plot and so have got a further Evidence to corroborate his own reflecting on Baker as a broken Fellow c. After which the Jury withdrawing for half an hour brought the Prisoner in Guilty And accordingly he being brought again to the Bar on Friday following Mr. Recorder sentenc'd him to be Drawu Hang'd and Quarter'd which was executed upon him at Tyburn on Friday Decemb. 18th following The Trial of John Hambden Gent. At the Session's-House in the Old-Baily on Wednesday Decemb. 30. 1685. THen and there the Prisoner appearing and the grand Jury for the County of Middlesex call'd over his Indictment was read which was for High-Treason in conspiring the Death of the late King and raising a Rebellion in this Kingdom To which before Mr. Hambden pleaded he intimated his having been tried for the same Fact above two Years ago and withal gave the Lord Chief Justice to understand that he thought he had as much to say in Point of Law for himself as any Prisoner that ever came before him but that he was resolved to pass by all Pleas whatsoever and cast himself wholly upon the King's Mercy The Lord Chief Justice told him his former Indictment was for High-Misdemeanour but this for High-Treason and therefore a different Fact requiring him therefore to plead Then he pleaded Guilty to the Indictment requesting his Lordship's Intercession for him with the King Which was readily enough granted and the Method he was perswaded to take highly approved as answering the Design of giving Life and Credit to the Fanatick Rlot and gratifying the Importunity possibly of some Great Ones However the dismal Sentence of Death was by Mr. Recorder pronounced upon him due to High-Treason yet not without a shew of Tenderness and some encouragement of an Obligation this brave Person had hereby merited with them This getting a Pardon when nothing else must Books lately Printed and Sold by Jonathan Robinson at the Golden Lion in St. Pauls Church-yard relating to the great Revolutions in England and Scotland 1688 1689. ☞ AN Account of the Reasons of the Nobility and Gentry's Invitation of the Prince of Orange into England Being a Memorial from the English Protestants concerning their Grievances with a large account of the Birth of the Prince of Wales presented to their Highnesses the Prince and Princess of Orange A Collection of Political and Historical Papers relating to the wonderful Revolutions in England and Scotland in 12 Parts from the time of the seven Bishops petitioning K. James the 2d to the Coronation of K. Willian and Q. Mary A Brief History of the Succession of the Crown of England c. Collected out of the Records and the most Authentick Historians written for the Satisfaction of the Nation Wonderful Predictions of Nostredamus Grebner David Pareus and Autonius Torquatus wherein the Grandeur of their Present Majesties the Happiness of England and Downfall of France and Rome are plainly Delineated With a large Preface shewing That the Crown of England has not been obscurely foretold to their Majesties William the 3d and Queen Mary late Prince and Princess of Orange and that the People of this Ancient Monarchy have duly contributed thereunto in the present Assembly of Lords and Commons notwithstanding the Objections of Men of different Extremes A Seasonable Discourse wherein is examined what is lawful during the Confusions and Revolutions of Government especially in the Case of a King deserting his Kingdoms and how far a Man may lawfully conform to the Powers and Commands of those who with Various Successes hold Kingdoms Whether it be lawful 1 In Paying Taxes 2 In personal Service 3 In taking of Oaths 4 In giving up himself to a final Allegiance A Seasonable Treatise wherein is proved That King William commonly called the Conqueror did not get the Imperial Crown of England by the Sword but by the Election and Consent of the People To whom he swore to observe the Original Contract between King and People An Answer to a Paper Intituled The Desertion Discussed being a Vindication of the Proceedings of the late Honourable Convention in their Filling up the Throne with King William and Queen Mary An Exact Collection of the Debates of the House of Commons particularly such as relate to the Bill of Exclusion of a Popish Successor c. held at Westminster Octob. 21. 1680 Prorogued the 10th and Dissolved the 18th of January following With the Debates of the House of Commons at Oxford Assembled March. 21. 1680. Also a Just and Modest Vindication of the Proceedings of the said
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
which the Court adjourned and the Lords sent a Message to the Commons that they had ordered the Prisoner to the Bar again on Monday morning at 10 a Clock The sixth Day MOnday December 6. 1680. about 11 the Court being sat and the Prisoner at the Bar his Petition was read which was for leave to offer a few things more to clear himself and which the Ld. H. Steward told him the Lords had granted He then said that seeing he had received their Order that his Counsel should not be heard touching the continuance of Impeachments from Parliament to Parliament he desired that he might offer them his own Conceptions concerning that urging that they had not yet declared their own Judgments either as to that or whether they did acquiesce in the Judges Opinions praying that his Counsel might be heard as to the other points protesting his own Innocency and Abhorrency of Treason reading then his Case and repeating his Defence c. After which the Lords adjourned into the Parliament Chamber and the Commons returned to their House and received a Message from the Lords that they had ordered the Prisoner to the Bar to receive Judgment to morrow at 10. The seventh Day TUesday December 7 1680. About 11 the Court being sat the Ld. H. Steward took the Votes of the Peers upon the Evidence beginning at the Puisne Baron and so upwards in order the Lord Stafford being as the Law required absent The Ld. H. Steward began then saying My Lord Butler of VVeston Is VVilliam Lord Viscount Stafford Guilty of the Treason whereof he stands impeached or not Guilty Lord Butler Not Guilty upon my Honour The same Question was put to the rest whose Names and Votes follow Ld. Arundel of Trerice Not Guilty upon my Honour Ld. Crewe Guilty upon my Honour Ld. Cornwallis Guilty upon my Honour Ld. Holles Not Guilty upon my Honour Ld. VVootton Not Guilty upon my Honour Ld. Rockingham Guilty upon my Honour Ld. Lucas Not Guilty upon my Honour Ld. Astley Guilty upon my Honour Ld. VVard Not Guilty upon my Honour Ld. Byron Not Guilty upon my Honour Ld. Hatton Not Guilty upon my Honour Ld. Leigh Guilty upon my Honour Ld. Herbert of Cherbury Guilty upon my Honour Ld. Howard of Escrick Guilty upon my Honour Ld. Maynard Guilty upon my Honour Ld. Lovelace Guilty upon my Honour Ld. Deincourt Not guilty upon my Honour Ld. Grey of Wark Guilty upon my honour Ld. Brook Guilty upon my honour Ld. Norreys Not guilty upon my honour Ld. Chandos Guilty upon my honour Ld. North and Grey Guilty upon my honour Ld. Paget Guilty upon my honour Ld. Wharton Guilty upon my honour Ld. Eure Guilty upon my honour Ld. Cromwel Guilty upon my honour Ld. VVindsor Not guilty upon my honour Ld. Conyers Guilty upon my honour Ld. Ferrers Not guilty upon my honour Ld. Morley Not guilty upon my honour Ld. Mowbray Not guilty upon my honour Ld. Viscount Newport Guilty upon my honour Ld. Visc Faulconberg Guilty upon my honour Earl of Conway Guilty upon my honour E. of Berkley Not guilty upon my honour E. of Maclesfield Guilty upon my honour E. of Hallifax Not guilty upon my honour E. of Feversham Not guilty upon my honour E. of Sussex Guilty upon my honour E. of Guilford Guilty upon my honour E. of Shaftesbury Guilty upon my honour E. of Burlington Guilty upon my honour E. of Ailesbury Not guilty upon my honour E. of Craven Not guilty upon my honour E. of Carlisle Guilty upon my honour E. of Bath Not guilty upon my honour E. of Essex Guilty upon my honour E. of Clarendon Not guilty upon my honour E. of St. Albans Not guilty upon my honour E. of Scarsdale Guilty upon my honour E. of Sunderland Guilty upon my honour E. of Thanet Not guilty upon my honour E. of Chesterfield Not guilty upon my honour E. of Carnarvan Not guilty upon my honour E. of Winchelsea Guilty upon my honour E. of Stamford Guilty upon my honour E. of Peterborough Not guilty upon my honour E. of Rivers Guilty upon my honour E. of Mulgrave Guilty upon my honour E. of Barkshire Guilty upon my honour E. of Manchester Guilty upon my honour E. of Westmoreland Guilty upon my honour E. of Clare Guilty upon my honour Earl of Bristol Guilty upon my honour E. of Denbeigh Not guilty upon my honour E. of Northampton Guilty upon my honour E. of Leicester Guilty upon my honour E. of Bridgwater Guilty upon my honour E. of Salisbury Guilty upon my honour E. of Suffolk Guilty upon my honour E. of Bedford Guilty upon my honour E. of Huntington Guilty upon my honour E. of Rutland Not guilty upon my honour E. of Kent Guilty upon my honour E. of Oxford Guilty upon my honour Ld. Chamberlain Not guilty upon my honour Marquess of Worcester Not guilty upon my honour D. of Newcastle Not guilty upon my honour D. of Monmouth Guilty upon my honour D. of Albemarle Guilty upon my honour D. of Buckingham Guilty upon my honour Ld. Privy-Seal Guilty upon my honour Ld. President Guilty upon my honour Ld. H. Steward Guilty upon my Honour Prince Rupert Duke of Cumberland Guilty upon my Honour The Ld. H. Steward then declared that upon telling the Votes he found there were 31 that think the Prisoner Not Guilty and 55 that have found him Guilty Whereupon the Prisoner was brought to the Bar and the Ld. High Steward informing him the Lords had found him Guilty He said God's Holy Name be praised for it confessing it surpriz'd him for he did not expect it and that he had only this to say for suspending of Judgment That he did not hold up his Hand at the Bar which he conceived he ought to have done and that though he was tried upon the Act of 25. Edw. 3. yet there being nothing more in that Act than what is included in the Act of the 13th of this King he ought only to lose his Seat in Parliament which was the Punishment there put down for a Peer submitting to their Lordships and desiring their Judgments in these Points Then the Lords Adjourned into the Parliament-Chamber and the Committee of Commons returned to their own House and the Speaker having re-assumed the Chair the whole Body of the House went with their Speaker to the Bar of the House of Lords to demand Judgment of High-Treason against William Viscount Stafford upon the Impeachment of the Commons of England in Parliament in the Name of the Commons in Parliament and of all the Commons of England Then the Commons with their Speaker went back to their House Then the Lords took into Consideration what Judgment was to be given and it was moved that he might be beheaded After some Debate the Judges were asked Whether if any other Judgment than the usual Judgment for High-Treason were given upon him it would attaint his Blood The Judges were of Opinion that the Judgment for High-Treason appointed by Law is to