about ten days after he saw the King again by the means of Fitz-H and that when the Parliament was ended he waited again upon the Dutchess and then requested her to represent Fitz-H his condition to the King His Lordship further acknowledged upon the Question put to him by F. H. that he came to him the night before my Lord Stafford was Condemned and told him the King desired his Lordship would go the next day and give his Vote for my Lord Stafford and that he thereupon answered him seeing there is so great an account put upon it If I had but breath enough to pronounce his Doom he shall die Here Dr Otes desired leave to go away saying the Crowd was so great he could not stand upon which Mr Attorney scoffingly said my Lord that may be part of the Popish Plot to keep Dr Otes here to kill him in the Crowd The Prisoner then demanded of the Dutchess of Portsmouth's Porter how long it was since he paid him the Money from my Lady Portsmouth but he said he could not tell it was so long The Earl of Arran was then called by the Prisoner and acknowledged upon his questions that he did shew him a Libel perhaps it was this the day he was taken and his Lordship told him he would do himself a mischief one time or other by meddling with such Papers and that they drank a Bottle or two of Wine and parted and that as soon as his Lordship came home he heard Fitz-H was taken My Lord Conway and Seoretary Jenkins denied that the King did own that he had employed Fitz-H but my Lord C. acknowledged that he had heard the King say he did formerly employ him in some * Making a Protestant Plot or so trifling things and that he had got Money of him and that his Lordship said was for my Lord Howard's Business He added that the King never spoke with him till after he was taken The Dutchess of Portsmouth then appeared and Fitz-H asked her Whether he was not employed to bring Papers to the King and amongst the rest the Impeachment against her Grace and he said that thereupon she told him that it was a great piece of service to bring those sort of Papers and that he told her he knew one Mr Everard who knew all the Intrigues and Clubs in the City and could tell all the designs of my Lord of Shaftesbury and all that Party and her Grace encouraged him to go on and by her means he came to speak with the King about it The Dutchess answered I have nothing to say to Mr Fitz-H nor was concerned in any sort of Business with him he desired me to give a Petition to the King to get his Estate in Ireland and I spoke three or four times to the King about it and he had the Money for Charity Hereupon Fitz-H said I am sorry your Grace is so much under Mrs Wall 's Influence and then addressing himself to the Court said I will tell you what I know since my Witnesses will not I shall rely upon the Consciences of the Jury for the Issue Tho' my Lady Portsmouth Mrs Wall and the rest say that I was not employed nor recieved Money for secret Services yet 't is very well known I did so As to Everard he told me he was well acquainted with my Lord Shaftesbury and my Lord Howard and he knew their Intrigues in several Clubs in the City I humoured him in his discourse and discoursed him to reduce the Paper he accuses me of under some heads And I no sooner had the Paper but I came to White-Hall with it and was advised to go to my Lord Clarendon or Mr Hide and shew'd it to a Gentleman who was to give it to my Lord Clarendon but before he could get to him I was taken What I did was with design to serve the King according as I was employed tho' both the Secretaries will not declare it These are great Persons that I have to do with and where great State matters are at the bottom 't is hard to make them tell any thing but what is for their Advantage and so I am left in a sad Condition If the Jury Convict me They overthrow the Law and Course of Parliaments Whereas if they bring me in Not Guilty my Impeachment stands good still and I am liable to answer it before the Parliament I hope you will consider the Persons I have had to deal with and that it cannot be made so plain as in matters wherein We deal with common Persons I desire notice may be taken that Sr William Waller declares that for this very thing I was Impeached by the House of Commons Then the Solicitor General and Sr George Jeffryes summed up the Evidence and the Chief Justice directed the Jury his Lordship and the three other Judges Jones Dolben and Raymond telling them that they were sworn to the Point whether Fitz H. were guilty of the Treason or not but that it lay not before the Jury whether the Court have Authority to try him that was a question proper for the Judges determination and they had determined it Thereupon the Jury found him Guilty Before the Sentence was passed upon him he said that he thought it would be prejudicial to the Kings Service that Sentence should pass before he had made an end of the Evidence he had given in against my Lord Howard but the Chief Justice said They could take no notice of any thing of that nature and he was Sentenced to dye as a Traytor which was Execnted the 1st of July 1681. An Abstract of the Examination of Edward Fitz-Harris relating to the Popish Plot taken the 10th of March 1680. by Sr Robert Clayton and Sr George Treby THe Examinant saith that he was born in Ireland and was bred and is a Roman Catholick That he had a Commission and Raised a Company of Foot in Ireland for the French King's Service and Conducted them into France That in 1672 going to take his leave of Father Gough an English Priest at Paris he told him within this two years you will see the Catholick Religion Established in England as it is in France the Examinant asking how that could be the King being a Protestant he answered If the King would not comply there was Order taken and things so laid that he should be taken off or killed That the Duke of York was a Catholick and in his Reign there would be no difficulty of doing it That the Father then told him that the Declaration of Indulgence was for the Introducing the Catholick Religion and that to the same end the War was made against Holland it being a Nest of Hereticks and that Madam came over to Dover upon this Design That the Examinant about February 1672 had a Lieutenants Commission in Captain Sidenham's Company in the Duke of Albermarl's Regiment in the Black-Heath Army and that he knew many ef the Officers to be Roman Catholicks and
The Second Part Of the DISPLAY OF Tyranny OR REMARKS UPON The Illegal and Arbitrary Proceedings in the Courts of Westminster and Guild-Hall London From the Year 1678. To the Abdication of the late King James in the Year 1688. In which time the Rule was Quod Principi placuis Lexesto Printed Anno Anglia Salutis Secundo 1690. Sold by Book-sellers in London and Westminster TO The Eminently Deserving and Highly Honoured Sr Samuel Barnardiston Baronet Sir YOu are no more able to deliver your self from the Persecution of a dedication than you were in your single Person to stem the dreadful deluge of Popery and Tyranny which very lately brought Old England within an Hair's breadth of that utter Ruin that was manifestly impending Indeed when I first took the resolution of inscribing your honoured Name to the first part of my Scriblings I purposed to have petitioned your Licence so to do but at the time when the thing was finished I was at such a great distance from you that I had not opportunity to do it and therefore being no nearer to you at this time I do implore your Pardon for my Presumption therein and for my repeating that Transgression and do hope that you will the more readily grant it when I have made this publick Acknowledgement to the World in case any thing I have said be deemed offensive which I hope there cannot that Sr Samuel Barnardiston was no way privy to the writing of the First or of this Second part of these Stories and that I can upon very good ground say that he doth not to this day know who is the Collector of them Sir He who is not allowed to use a Sword in his Countries quarrel may surely be indulged in crying out Murder Treason when he sees a Pistol at his Prince's head or a Dagger at his Heart and having with grief beheld that very same Toryism which murder'd the best of Men my good Lord Russell and many others of our best Patriots to be rampant and impudent and as irreconcilably bent against the true Government of England which the glorious and most miraculous providence of Heaven has lately devolved upon our undoubted rightful King and Queen as it was against our late blessed Martyrs for the English Liberties I could not withhold my self from attempting the service of my Generation according to my mean capacity in exposing those Principles and Practices which but t'other day had brought the Kingdom to the very brink of irreparable ruin especially when I see at this very day the Men who had suck'd in that Poison Designing and Plotting not to allure but to dragoon us into French Bondage The truth of it is Sr. I was much irritated to the prosecution of this Work by what I met with in my return from the late Tryal of Skill in Essex when those most worthy Gentlemen Colonel Mildmay and Sr. Fran. Masham were elected Knights for that County I have heard that it hath been an old Observation that tho' many Honourable Reverend and Worthy Persons have frequently voted against your self in Suffolk and against Colonel Mildmay in Essex yet that it hath been rarely seen that a Tory has voted for either of you And it is well remembred that at the time of the mighty strugling between Popery and Christianity in the Critical Year of 1681. the then Lord Chief Justice Scroggs sent for many of the Gentlemen of Essex and told them that whatever they did they must not chuse Mildmay But I have digressed what I was saying is Rigby was one of the Good and True Men whom the great Care of Sr. Dudley North had returned to pass upon my Lord Russel's Life and he stood in that Pannel within two of Oneby who was last sworn that one Mr. Rigby of Covent Garden I name him because he stands indicted in Essex for the Crime I am mentioning returning from voting at that Election upon the 11th of March last being to a high degree enraged that Colonel Mildmay and Sr. Francis Masham were chosen for you must know he was of t'other side said that 't was no matter who carried the day there But if the King would not do as they would have him innuendo himself he knows who besides But I am most certain my Lord of Oxford doth not They would make a King that should do as They would have him And this being upon the Eve of the Fast appointed by their Majesties Proclamation he proceeded adding We must keep a damn'd Fast to morrow This most Loyal Disciple of Sr. Roger's and designed Jury-man for my Lord Russel taking Pet because Colonel Mild may was chosen a Parliament Man must now by all means have a King of his own making and 't is six and twenty to one but if the Silly Woman had pledged him K. James's Health but the next Glass had bin to our Lord Lewis King Elect. but we will eat Roasted Beef and be Drunk He then put a glass of Wine into a very Civil Woman's hand saying Drink King James 's Health and upon her answering him No I deny that but I will drink the Wine he said Damn you for a Bitch would it might poison you where you stand and added A Bitch to deny a Gentleman such a Request She deserves to be Sacrificed Sr. I cannot upon this occasion of Health-drinking hinder my self from remembring the Case of Mr. Elias Best a substantial Citizen but one who had been an Ignoramus Jury-man a great Reproach and an unpardonable Crime in that day as you Sr. very feelingly know He was indicted for the Frolick of drinking to the Pious Memory of Honest Stephen Colledge and condemned to a Fine of 1000 l. to stand Three Times in the Pillory and to give Sureties for the Good Behaviour for Life Upon this Judgment he was imprisoned Three Years to the loss of good Trade and to the ruin of his Health and his Estate and when almost ready to expire he was graciously pardoned upon payment of 200 l. to the Empson and Dudley of the late Reign Graham and Burton 'T is well for Mr. Rigby that the accursed Practices of that day are not to be Presidents in the present benign and most merciful Reign Sr I have no sinister nor mercenary end in emitting these Papers to publick view I write not for reward for I gave away as many scores of the first part of this Tract as the Printer gave me and have not one for my self and I should be vaine to the highest degree to expect applause for so confused and ill digested a Work as this is But I have with a good will tho' in a very feeble manner brandished my Pen for the service of that good old Cause which I ever loved and must love should it cost me my life I mean the Liberties of England and it hath deeply wounded me to hear and know so many instances as I do of the unpunished nay of the uncheckt Seditious and
the same entertainment which King Charles the second ever gave to the Councils offered to him in favour of the Protestant Religion and of the true English Government however the honest zeal and undaunted Courage of these Noble Lords made deep impressions upon the Breasts of all true Lovers of the Laws and Liberty of their Country And the Citizens of London in Common-Hall assembled upon the 4th of February 1680. spoke their Approbation of their Loraship's Noble Enterprize in what follows which was agreed upon with a general and loud Acclamation of thousands of Citizens To the Worshipful Slingesby Bethel and Henry Cornish Esquires Sheriffs of London and Middlesex WE the Citizens of the said City in Common-Hall assembled having diligently perused the late Petition and Advice of several Noble Peers of this Realm to his Majesty whose Counsels We humbly conceive are in this unhappy juncture highly seasonable and greatly tending to the safety of these Kingdoms We do therefore make it our most hearty request that you in the Name of this Common-Hall will return to the Right Honourable the Earl of Essex and by him to the rest of the Noble Peers the grateful Acknowledgment of this Assembly By these means and indeed by the whole Course of this Noble Lord's Life which was a steady Course of Exemplary unshaken Vertue and shew'd an unalterable affection to the true Religion and detestation of Tyranny He became insupportable to those whose Study was Mischief and to whom no Person was acceptable but such as they found disposed to betray the Protestant Religion and the Rights of England to their Popish and Despotick Designs and therefore from this time they grew more assiduous to contrive his Destruction The Conspirators well knew that this Great Man had most deservedly acquired a mighty share in the hearts of the People And that as he knew very much of their Designs so that he was not by any arts or allurements to be Cozen'd or tempted to a Complyance therewith therefore as They told the brave Colonel Sidney he must dye that their Plot might live and to avoid the Reproach of bringing the Son to the Block by that very Prince for whom the Father had lost his Head and which is also very probable to prevent his discovery of what he could tell and others knew not They condemn him without a Tryal and in a most barbarous manner Murder him in the Tower But Heaven intending to bring this accursed Assassination of the brave Earl of Essex to light a report of very suspitious Circumstances in relation to that matter was instantly spread and reached the Ears of Mr Braddon a Gentleman of great Integrity and of no less Courage whose honest Zeal prompted him to look into that hellish Intrigue and to endeavour a full discovery of that horrid Villany but that Season not allowing it he and Mr Speke were run upon and with great fury prosecuted in the manner following They were brought to Tryal upon an Information charging them with Subornation and endeavouring to raise a belief that the Earl of Ess did not murder himself The Judges then in Court were The Lord Chief Justice Jeffryes Judge Withens and Judge Holloway The Jury Sr Hugh Middleton a Papist Thomas Harriot Thomas Earsby Joshua Galliard Richard Shoreditch Charles Good Samuel Rouse Hugh Squire Nehem. Arnold John Byfeild William Waite James Supple The King's Council were Attorney General Sawyer Solicitor General Finch Jenner Recorder of London Mr Dolben Mr North Mr Jones Council for the Defendants were Mr Wallop Mr Williams Mr Thompson Mr Freke Mr Dolben opened the Information to this effect That whereas the Earl of Essex upon the 10th of July last was committed to the Tower for Treason and did there Murder himself as was found by the Coroner's Inquisition yet the Defendants designing to bring the Government to hatred the 15th of August conspired to perswade the King's Subjects that the said Earl was Muedered by certain Persons unknown and to procure false Witnesses to prove that he was not felo de se but was Murdereds and that they did malitiously declare in writing that Mr Braddon was the Person that did prosecute the said Murder to the scandal of the Government c. Then the Attorney General brought in Evidence Sr Leoline Jenkins his Warrant for the Commitment of the Earl to the Tower and the Inquisition of Mr Farnham the Coroner taken by this Jury July 14th 1683. viz. Samuel Colwel William Fisher Thomas Godsell Thomas Hunt Natha Mountney Thomas Potter William How Robert Burgoyne Eleazar Wickens Thomas Hogsflesh Henry Cripps Richard Rudder William Knipes John Hudson John Kettlebeater Lancelot Coleson Morgan Cowarne Thomas Bryan William Thackston Richard Cliffe Zebediah Prichard William Baford and Theophilus Carter Which Jury had found that the Earl of Essex was Felo de se Then the Witnesses for the King being called Mr Evans was sworn and the Attorney General suggested that he and old Mr Edwards would prove that Mr Braddon went about and declared that the Earl of Essex was Murdered and that he was the Prosecutor of the Murder but neither of them answered expectation in that matter Mr Evans testified that Mr Edwards told it to him and others for News at the Custom-House that fore-noon of the day of the Earl of Essex his death that his Son said that he saw a Razour thrown out of the Earl's Window That upon the Munday after which was July the 16th Mr Braddon came with Mr Hatsel to his House where Mr Hatsel shewed him the Coroner's Inquisition in Print which having read Mr Evans told Mr Hatsel what he had heard from Mr Edwards at the Custom-House And he said that Mr B. did not concern himself or say any thing though he might hear Mr Evans his discourse with Mr Hatsel he being walking about the Room Mr Evans added that upon the 17th of July Mr Edwards and Mr Braddon found him in a Coffee-House and Mr Edwards then told him that Mr Braddon had been with him examining his Son about a Razour that was thrown out of the Earl of Essex his Window Mr Edwards testified that about ten of the Clock the day of the Earl's death he was informed by his Family and by his Son that same day at noon that his Son came from the Tower about ten of the Clock and said that he had seen the King and Duke and that the Earl of Essex had cut his own Throat and that the Boy saw an hand throw a Razour out of the Window and a Maid in a white Hood came out of the House and took it up and then go in again and that he heard a noise as of Murder cryed out Mr Edwards acknowledged that he told several at the Custom-House the same day what the Lad had declared and that Mr Bradden came not to make enquiry about it till Tuesday the 17th of July before which time he never knew Mr Braddon that he then told him what report the
Boy brought home and added that the Boy never denyed it before Mr Braddon came but did afterwards that same day deny it as his Wife and Daughter informed him his Sister having put him into fear about it and that Mr Braddon did not desire the Boy to give it under his hand till he had been there two or three times William Edwards the Son aged 13 years was then sworn his Father like a very honest Man charging him in the presence of Almighty God to say nothing but the truth he said that he told his Father that he saw an Hand cast out a bloody Razour and a Maid come out and take it up and go in again That Mr Braddon asked him what he saw at the Tower and that he told him as he had told his Father and that Mr Braddon bad him speak the truth and wrote down what he told him and nothing more and then read it to him and ask'd him whether it were true and that he told him that all that was in the Paper was true and that he then put his Name to it Then the Chief Justice and King 's Counsel interrogating him he said that he did at first refuse to put his Name to it because he was afraid of coming into danger and being further pressed he added that the reason why he feared danger was because what was in the Paper was not true but consessed that he did not tell Mr B. that it was not true but that his Mother was afraid to have him sign it and declared upon the question put to him that Mr B. did not offer or promise him any Money Thomas Hawkins Son of Dr Hawkins of the Iower Protestant Confessor to Fitz. Harris the Papist being produced to contradict young Edwards The A. General suggested that they were together the whole Morning and that there was no such thing of the Razour as Edwards had declared but this Lad only testified that young Edwards and he walked round the Tower as long as the King walked that when the King went into the Constable's House they went to play after their play he left Edwards went home and that after he had been there a little time news was brought to his Father that the Earl of Essex had killed himself and that thereupon his Father went down and he followed and after he had been a little while there William Edwards came and they stood looking up at the Window an hour or two and went away together and that he saw no Razeur thrown out Upon this Mr A. General in a reproachful way said My Lord This rumour began in a Fanatick Family he might have been justly answered that Mr Edwards his Family was and is of as good reputation as one certain Doctor 's not to vie with more where the stifling of such Evidence as ran against the Stream had been some Years before notoriously practised But to return to the matter in hand is it not most evident that Mr Attorney was not rightly instructed For 't is manifest that the Lads were parted when the Murder was committed and the Razour thrown out the young Doctor declaring that he was in his Father's House when the news of the Earl's death came and then went with his Father to the place and 't is more then probable that in the crowd and distraction which must necessarily be there he might not at his first coming see young Edwards Next Mr Blathwayte and Mr Mon-Stevens the Earl of Sunderland's Secretary were called and sworn Mr Blathwayte appeared rather as an Advocate than a Witness against Mr Braddon They testified Mr Braddon's bringing the Information of young Edwards to my Lord Sunderland the Secretary's Office and that Edwards declared before the King that what was contained therein was not true and yet Mr Braddon would prosecute it The Information was then read to this following effect July the 18th 1683. The Informant saith that on Friday the 13th instant he heard that the King and the Duke of York were going to the Tower and that he went thither to see them and then went about nine of the Clock to see the Lord Brandon's Lodgings and as he was standing between these Lodgings and the Earl of Essex 's he saw an Hand cast out a bloody Razour out of the Earl's Lodgings and he was going to take it up but before he come to it there came a Maid running out of Captain Hawley's House where the Earl ledged and took up the Razour and carried it into the House and the Informant believes it was the same Maid which he first heard to cry out Murder and saith that he heard the Maid say to some about the Door after Minder was cryed that she heard the Earl of Essex groan three times that Morning Sr Henry Capel was then produced to thew as the Council urged that Mr Braddon prosecuted this matter on his head He testified that Mr Braddon was twice with him and that he told Mr Braddon that he was under great grief and that whatsoever he had to say in the matter he desired him to acquaint a Secretary of State with it * This very man Beech was the head Prosecutor of all Protestant Dissenters in the North of Wittshire and many of them paid him a yearly Tribute to avoid his rage When his present Majesty Landed he said that he hoped to see them hang'd that went in to him But a more famous Story of his Life was That his Father telling him that never Man was cursed in a Son as he was in him he replyed That he knew one who was more unhappy which was his Grandfather in him upon which occasion and for his constant course of disobedience his Father deservedly disinherited him Becch who occasioned Mr. Braddon to be seized in Wiltshire at the time when he went to make enquiry there about the Reports of the Earl's having murdered himself before he was dead testified the taking from Mr Braddon a Letter of Mr Speke's to Sr Robert Atkyns which was to this effect viz. That the bearer Mr Braddon was a very honest Gentleman and it was his fate to be the only Person that prosecuted the Murder of the Earl of Essex That he had made a considerable discovery already of it though he rowed against an hard stream That it could never have fallen on so fit a Man for he had been an hard Student and was of very good Reputation and Life and had a great deal of Prudence and as much Courage as any Man That Mr Braddon went away Post towards Marlborough to make some further discovery and seeing he went into those parts Mr Speke thought it not amiss for Mr. B. to advise with Sr R. Atkyns how he had best proceed That he had charged Mr B. not to discover who he was lest it should be known that he had been with Sr Robert Atkyns for he would not for the World that Sr Robert should come to any Prejudice for his kindness
towards them because they laboured under many Difficulties as the Tide then ran He therefore desired Sr Robert to call Mr B. by the Name of Johnson That they did hope to bring the Earl's Murder upon the Stage before they could any of those in the Tower to a Tryal That Sr H. Capel had told Mr B. that it was a thing too great for him That Mr B. had been at great trouble and charge about it and that as times went he knew few would have undertaken it besides himself Mr Lewis of Marlborough being called by Mr Braddon witnessed That upon the day of the Earl's Death riding within three or four Miles of Andover fifty two Miles from London between three and five in the Afternoon a man told him for news that he heard the Earl of Essex had cut his Throat and that at his going home to Marlborough the next day he told his Neighbours what he had heard the day before and that they thereupon said It was done but yesterday how could you hear it so soon Mr Feilder of Andover witnessed That upon the Wednesday and Thursday of the Week in which the Earl of Essex dyed it was the common talk of the Town of Andover †Note in like manner it was proved in the Tayal of the Lord Stafford that it was reported at a great distance that Sr Edmundbury Godfrey had murdered himself before it was known at London what was become of him that he had cut his Throat that the Women talked of it as they came in out of the Town and that on the Saturday night in that Week the certain news of it came Mrs Edwards the Boys Mother testified that the Boy came from the Tower and told her that he had seen the King c. and that the Earl of Essex had cut his Throat and then wept and further said That he saw a Razour thrown out at the Window and was going to take it up but a short fat Woman came and took it and went in again that he told her all this weeping and crying and never denyed it till after Mr Braddon had been there and then denyed it upon this occasion when Mr B. came his enquiry put them all into a great damp and after he was gone the Boy being then at School her Husband said to her Daughter Sarah Don't you say any thing to your Brother and when he comes in we will talk to him that her Daughter was grievously affrighted thereat and so amazed that so soon as the Boy came in She told him that there had been a Gentleman to enquire about what he had said and that he thereupon said to her Why Sister will any thing of harm come and upon her answering him That She did not know but it might be her Father and the Family might be ruined he then denyed what he had said but at the same time he came to his Mother and cryed he should be hanged this was also acknowledged by the Daughter Sarah Edwards the Boy 's Sister testified what the Boy had declared of seeing the Razour c. And that She told him upon Tuesday the 17th of July that a Gentleman had been there to enquire about it and that the Boy did thereupon ask her whether any harm would come of it and that upon her answering him that She could not tell he did deny what he had declared That Mr B. came again soon after upon the same day and found them all daunted upon their hearing the Boy deny it and Mr Brad. ask'd him about it bad him speak the Truth telling him * Indeed Jovian Hicks many others of our passively Obedient and Non-Resisting Gentlemen of the Cassock have handled many Texts of Scripture at a very unwarrantable rate to decoy Mankind to the foolish Exchange of their glorious title to Freedom for that of Slavery But we have here the first instance of a Man's preaching up the lawfulness of Perjury from the dreadful Judgment of Heaven upon Ananias Sapphira It was a dreadful thing to be a Lyar and bad him read the 5th of the Acts where he would find that two were struck dead for telling a Lye She further testified that Mr Braddon came the next day the Wednesday about noon and that then her Brother probably having read the 5th of Acts did again own that what he had declared ahout the Razour c. was true that Mr Braddon wrote down what he acknowledged and she further confessed that she told the Boy that his Father would be in danger of loseing his Place The matter pinching at this time the Chief Justice to perplex the Cause and divert from the Evidence fell to hectoring Mr Wallop Counsel for the Defendants a Person of great Integrity and Master of more Law than all the Judges then upon the Bench telling him in a most scurrilous manner that he was zealous for Faction and Sedition as every Man was deemed to be at that Conuncture who was so hardy as to stand up in any honest Cause in that Court and impetuous in the worst of Causes and that his Lordship could see nothing in all this Cause but villany and baseness which in truth to an high degree was most evident in the carriage of the Court and Prosecutors of this Cause and that Mr Wallop should not have liberty to broach his Seditious Tenets there Such the asserting the native Rights of English-men were in that day esteemed by the Bene placito Judges of that Court Mrs Burt then produced by Mr Braddon testified That She was present when Mr Braddon came to speak with the Boy and that he said to him if it be true that you have spoken own it for 't is a dreadful thing to be found in a Lye and that Mr Braddon advised him to read the 5th of Acts and that the Boy then said Sir it is true and what I said I will speak before any Justice of Peace in the World and he then told Mr Braddon the whole Story Jane Lodeman a Girl 13. years old called by Mr Braddon declared that she did not know young Edwards and testified that she saw an hand throw a bloody Razour out of the Earl of Essex's Window and presently after heard two Shriekes or two Groans and saw a Woman come out in a White-Hood but did not see her take up the Razour and she added that she presently told all this to her Aunt Here Mr Solicitor was pleased to sport himself with the Girl by way of Dialogue thus Solicitor Was the Razour bloody Girl Yes Solicitor Very bloody Girl Yes Solicitor Are you sure 't was a Razour or a Knife Girl I am sure 't was a Razour Solicitor Was it open or shut Girl It was open Solicitor What colour was the handle Girl Sir I cannot tell I see it but as it flew out Solitior Was it all over bloody Girl No. Solicitor All but a little speck Girl It was very bloody Then Jeffryes finding the
permit such an Inquisition to be made but punished those that dispersed those publick Challenges Had his Highness been really Innocent none would have been more zealous for such a Proclamation of Pardon for Innocence desires a Tryal and its only Guilt that flies from Justice Another Argument of this Murther and likewise of Major Webster's Guilt therein is Webster's producing my Lords Pocket-handkerchief all bloody to some of his Neighbours rejoycing at the blood of a Traytor and the very next day to some of the same Person he produced part of the price of Blood viz. a Purse of Gold wherein there were Forty nine Guineas and a Pistol which he shewed in great Ostentation but all this was but a small part of that villanous Reward for sometime after my Lords Death when his Wife was upbraided with her Husbands Poverty she replyed her Husband long since was not so Poor for he had Five hundred Guineas at which the other being stariled answered most certainly he could not come by them honestly to which it was said that he got them by his Trade but to that it was replyed that his Trade could hardly get Bread therefore there must be some other way It s very probable that Websters Wife speaking of his Trade might intend Murther in which it is supposed he has been more then once concerned tho' the other mis-understood her That she was not a stranger to his Guilt appears by her often telling him upon her hard Vsage that he was a Fool as well as a Rogue to use her so ill he knowing it to be in her power to Hang both him and another in the Tower A like Instance there happened upon a Quarrel between Holmes and his VVife soon after my Lords Death she thereupon told him he was a Murthering Rogue and he well knew that she could at any time hang him for it to which Holmes answered with his usual scurrolous Language you Bitch you Whore you of all the World have no reason to speak for do not you remember I bought you a good Satin Gown and Petticoat whereupon the wife replyed you are a Murthering Rogue for all that REMARKS Upon the Proceedings in the Case of Edward Fitz-Harris Esq in the Court of Kings-Bench in the Year 1681. IT may not be forgotten that the Popish Plot in 1678 was to have been ushered into the World by a Presbyterian or Fanatick Conspiracy to that end in July 1678 when the Papists had resolved to dispatch King Charles to make way for King James the Second Mr Claypoole because Son-in-Law to Cromwell was clap'd into the Tower upon the Accusation of Sing a Papist upon a pretence that he was to seize the King in his way to * That Newmarket or the way to it was the place designed for dispatching the King long before Keeling made it so in the year 1683 is very evident for by the Journal of the House of Lords upon the 12th of November 1678 it appears that Conyers Confessor to the Lord Bellasis had at this very time in 1678 undertaken to kill the King in his morning Walks at Newmarket Were the Newmarket Fire throughly even at this day examined it might be found that that Town was as certainly burnt by the Papists to countenance Keeling's Plot which immediately succeeded as t is certain that they Burnt London and that the great Earl of Essex's Throat was cut in order to the Murther of the good Lord Russell Newmarket And it doth as well deserve Remembrance that the Conspirators having been disappointed and vexed with the unlucky discovery of their Plot Resolved to make one Fanatick Plot or other to thrust theirs off the Stage and to turn the Popish into a Protestant Plot Thereupon the danger of Forty one and of Fanaticism was most industriously discoursed and preached And which was more a great Prelate declared that tho' it was true That there was a Popish Plot there was also a greater design carrying on by the Forty one Party Matters being thus prepared cost what it will we must have another Plot that the belief of that of the Papists may be blasted and the management thereof is now committed to Madam Wall Chamber-Maid to the Dutchess of Portsmouth always a Creature of the D. of York's and now the same Lady Ogelthorp who was lately seized at Chester going for Ireland this Woman of Intrigue introduces and recommends to K. C. the second Mr Edward Fitz-Harris an Irish Papist and he was directed to make a Counter-Plot in which we find Rome and Hell united with our Conspirators for the destruction of Protestants and Fitz. H. is encouraged to it with great Rewards and greater Promises In order to the framing and fitting this new intended Plot against the meeting of the Parliament at Oxford upon the 21st of March 1680. Fitz. Harris renews an old acquaintance which he had with Mr Everard who pretended himself a Confident of the Earl of Shaftesbury 's and en tertained his old Friend Fitz-H with complaints of that Noble Lord and his Party hereby was Fitz-H encouraged to tamper with Everard to joyn with him in framing a most Trayterous Libel against the Government There were great as well as little Villains in this design and Fitz. H. was daily instructed at White-hall and directed to adapt their Libel to the humour and make it speak the Language of the highest Male-Contents that thereby their Plot might gain belief and appear plausible to the World accordingly they set about it Fiz H. furnishing Materials and Everard drawing it into form The Conspirators were Cock-sure of catching the Earl of Shaftesbury and the discontented party as they termed all the avowed Enemies of Popery and true Friends to the English Liberties in this share it being resolved to disperse this hellish Paper amongst them and then to seize it upon them After several meetings about this Intrigue between Everard and Fitz-Harris they appointed to compleat their work at Everard's Lodgings about the last of February 1680 against that time Everard planted Sr William Waller and Smyth known by the Name of Narrative Smyth within hearing They then perfecting their Libel and each of them taking a Copy of it Fitz-Harris runs with great joy with it to Nell Wall to White-hall but the King being unluckily at Windsor he fatally missed the opportunity of being before-hand with Everard and was seized in his Bed by Sr William Waller and carried to Secretary Jenkins and being the next day brought before the Council the Witnesses were examined and he was committed to Newgate for high Treason Notwithstanding a great Man said that Fitz-Harris was his Friend and that Waller was a Rogue and had spoiled all Fitz-Harris being fast and reflecting no doubt upon Colman's fate began to relent and offers to make full discovery of the Villany and of those who omployed him in it Thereupon Sr Robert Clayton and Sr George Treby as Justices of London took his Examination This gave great offence at
That if any Judge Justice or Jury proceed upon him and he found guilty that you will declare them guilty of his Murder and Betrayers of the Rights of the Commons of England Hereupon the House came to these Resolves That it is the undoubted right of the Commons in Parliament assembled to impeach before the Lords in Parliament any Peer or Commoner for Treason or any other Crime or Misdemeanour and that the Refusal of the Lords to proceed in Parliament upon such Impeachment is a denyal of Justice and a violation of the Constitution of Parliaments That in the Case of E. Fitz-Harris who by the Commons has been impeached for High Treason before the Lords with a Declaration That in convenient time they would bring up the Articles against him For the Lords to resolve that the said Fitz-Harris should be proceeded with according to the course of the Common-Law and not by way of Impeachment in Parliament is a denyal of Justice and a Violation of the Constitution of Parliaments and an Obstruction to the further discovery of the Popish Plot and of great danger to his Majesties Person and the Protestant Religion That for any Inferiour Court to proceed against him or any other Person lying under an Impeachment in Parliament for the same Crimes for which he or they stand impeached is an high breach of the Priviledge of Parliament This matter thus agitated in the House of Commons was countenanced by a Protestation of many Temporal Lords which was to this effect That in all Ages it had been an undoubted Right of the Commons to impeach before the Lords any Subject for Treasons or any other Crime whatsoever That they could not reject such Impeachments because that Suit or Complaint can be determined no where else for an Impeachment is at the Suit of the People but an Indictment is at the Suit of the King As the King may Indict at his Suit for Murther and the Heir or the Wife of the Party Murthered may bring an †Which was always to be preferred and upon notice thereof all Prosecutions at the Kings Suit were to stop till the Prosecution at the Suit of the Party was determined Appeal And the King cannot Release that Appeal nor his Indictment prevent the Proceedings in it It is an absolute denial of Justice in regard it cannot be tryed any where else The House of Peers as to Impeachments proceed by vertue of their Judicial Power and not by their Legislative and as to that act as a Court of Record and can deny Suitors especially the Commons of England that bring legal Complaint before them no more than the Judges of Westminster can deny any suite regularly commenced before them Our Law saith in the Person of the King Nulli negabimus Justitiam We will deny Justice to no single Person yet here Justice is denyed to the whole Body of the People This may be interpreted an exercise of Arbitrary Power and have an influence upon the Constitution of the English Government and be an encouragement to all Inferiour Courts to exercise the same Arbitrary Power by denying the Presentments of Grand-Juries c for which at this time the Chief Justice stands impeached in the House of Peers These Proceedings may mis-represent the House of Peers to the King and People especially at this time and the more in the particular Case of Edward Fitz-Harris who is publickly known to be concerned in vile and horrid Treasons against his Majesty and a great Conspirator in the Popish plot to Murther the King and destroy and subvert the Protestant Religion Monmouth Kent Huntington Bedford Salisbury Clare Stamford Sunderland Essex Shaftesbury Macclesfield Mordant Wharton Paget Grey of Werke Herbert of Cherbury Cornwallis Lovelace Crew This Protest was no sooner made upon Munday the 28th of March 1681 but the Parliament was instantly dissolved Well The Parliament being dismissed Fitz-Harris must be Hang'd out of the way and the Term approaching Scroggs the Chief Justice who lay under an Impeachment for Treason in Parliament is removed with marks of Favour and Respect being allowed a Pension for Life and his Son Knighted and made one of his Majesty's Learned Council and Sr Francis Pemberton being advanced to the Seat of Lord Chief Justice the Business of Fitz-Harris is brought before him and Justice Jones Justice Dolben and Justice Raymond and proceeded upon in the manner following UPon the 27th of April 1681 an Indictment for high Treason was offered to the Grand-Jury for the Hundreds of Edmonton and Gore in Middlesex against Fitz-Harris whereupon Mr Michael Godfrey the Foreman in the name of the Grand-Jury desired the opinion of the Court whether it were lawful and safe for them to proceed upon it in regard Fitz-Harris was Impeached in the late Parliament at Oxford by the House of Commons in the name of all the Commons of England Mr Attorney General then said That Mr Godfrey and two more were against accepting the Bill but the body of the Jury carryed it to hear the Evidence and that thereupon himself and Mr Solicitor went on upon the * A new way of dealing with Grand-Juries to procure the finding Bills of Indictment Evidence and spent some time in opening it to the Jury and We thought they would have found the Bill but it seems They have prevailed to put these scruples in the others heads Then The Lord Chief Justice Pemberton said your scruple is this here was an Impeachment offered against Fitz-Harris to the Lords which was not received and thereupon there was a Vote of the House of Commons that he should not be Tryed by any other Inferiour Court We do tell you 't is our Opinion that If an Indictment be exhibited to you you are bound to enquire by vertue of your Oathes you cannot nor ought to take notice of any such Impeachment nor Votes and We ought to proceed according to Justice in Cases that are brought before us This We declare as the Opinion of all the Judges of England Then the Jury went away and afterwards found the Bill Upon Saturday the 30th of April Mr Fitz-Harris was brought to the King's Bench-Bar and Arraigned upon the Indictment whereupon he offered a Plea in writing to the Jurisdiction of the Court and the Chief Justice said We do not receive such Pleading as this without a Counsels hand to it Upon which the Prisoner desired the Court to assign Sr Francis Winnington Mr Williams Mr Pollexfen and Mr Wallop for his Council which was accordingly done Upon Monday the 2d of May the four Council moved the Court to have longer time for drawing the Plea and that they might have a sight of the Indictment as necessary to the drawing it but they were opposed therein by Mr Attorney and the Court denyed both Then Sr George Treby and Mr Smith were also assigned as Council for the Prisoner at his request Upon Wednesday the 4th of May Fitz-Harris being brought from the Tower to the King's Bench-Bar
determine that Impeachment before you Here is the Method and Proceedings of Parliament before you and I hope you will proceed no further on the Indictment The Cheif Justice then said Here is nothing of the Commons Right to Impeach before us nor of the Lords Jurisdiction nor the Methods of Parliament in this Case the sole matter is whether this be a good Plea to oust the Court of its Jurisdiction in this matter To which Judge Jones added Here is nothing of any fact done in Parliament insisted on here this is for a thing done without Doors Mr Williams replyed 'T is a hard matter my Lord for the Bar to answer the Bench. Sr Francis Winnington then argued for the Prisoner thus The King's Attorney has demurred generally and if our Plea be well and formally pleaded I am sure all the matter of fact is confessed by the demurrer And upon the matter of fact so agreed the general Question is Whether an Impeachment by the Commons and still depending be sufficient to oust the Court to proceed upon an Indictment for the same offence The Lord Chief Justice said That cannot come in question in the Case Sr Francis Winnington replyed Why my Lord Chief Justice The Question is Whether you have pleaded sufficient matter to oust us of our Jurisdiction Sr Francis Winnington proceeded saying My meaning is the same It is agreed that there were no doubt to be made of the Plea if there had been a particular Impeachment The House of Lords is a Superiour Court to this and a Suit in a Superiour Court may be pleaded to stop the Proceedings of an Inferiour Court and if once the Suit be well commenced in the Superiour Court it cannot after go down to the Inferiour and what is begun in one Parliament may be determined in another So is the Case 4. Edw. 3. N. 16. of the Lord Berkley and those accused of the death of Edw. 2. It was there objected as 't is here that by this means there might be a stop of Justice by the dissolution of the Parliament yet the true answer is That it is presumed in Law that Parliaments will be called frequently according to the Statute 4 Edw. 3.14 36 Edw. 3.10 This Record is well pleaded and could not be otherwise unless Mr Attorney would have us plead what is false the Commons Impeached Fitz-Harris generally and We alledge in our Plea that 't was secundum legem consuetudinem Parliamenti and so 't is confessed by the Demurrer A general Impeachment is good by the Law and course of Parliament Coke 4 Inst 14 15 says What the Law and course of Parliament is the Judges will never intermeddle with We find 11 Rich. 2. Rot Parl part 2. and Rushworth part 1. in the Appendix 51. Tresilian and others were appealed against for Treason the Judges of the Common and Civil Law were called by the King to advise of the matter they all agreed that the Proceedings were neither agreeable to Common or Civil Law But the Lords said it belonged not to those Judges to guide them but they were to proceed according to the Course and Law of Parliaments and no Opinion of theirs should oust them of their Jurisdiction 31 H. 6. Rot. Parl. N. 26. The Judges were demanded whether the Speaker of the Commons during an Adjournment might be Arrested They excused themselves saying That in this great matter they ought not to interpose it being a matter of Parliament In the great Council 1st and 2d Jac. The Judges refused to give their Opinions upon questions put to them about the Vnion of both Kingdoms for that such things did not belong to them but were matters fit for Parliament only Hence I infer that since 't is Pleaded here to be according to Law of Parliaments and Mr Attorney hath acknowledged it that you are fore-closed from meddling further with this Case it being a matter whereof you cannot judge But 'T is objected That if the Impeachment be admitted to be according to the course of Parliament yet 't is so general the Court cannot judge upon it Answer The House of Commons would not Impeach a Man for no Crime The Prisoner's Plea avers that that it was for the same Treason in the Indictment this makes the matter as clear to the Court as if the Impeachment had mentioned the particular Treason 26 Assiz Pl. 15. Stamf. Pla. Cor. 105 A Man Indicted for the Murder of I. S. pleads a Record of Acquittal where he was Indicted for the Murder of I. N. but avers that I. S. in this Indictment is the same Person with I. N. in the other Indictment and it was adjudged a good Plea tho' the Averment seemed to contradict the Record This makes it clear that if an Averment may consist with the Record the Law will allow it Mr Attorney had his Election either to plead Nul Tiel Record Or he might have taken Issue upon our Averment that it was not for one and the same Offence but he has demurred and thereby confessed there is such a Record and confessed the Averment to he true that he was Impeached for the same Crime and that he is the same Person I shall now offer some Reasons in general 1st That when the Commons in Parliament in the name of all the Commons of England have lodged an Impeachment against any Man it seems against natural Justice that any Commoners should afterwards try or judge him for that Fact Magna Charta says That every Man shall be tryed by his Peers or by the Law of the Land This is a way of Tryal by the Law of the Land but not by his Peers for 't would be hard that any Man should come to Try or give Judgment upon a Person who hath been his Accuser before The Lords are here Judges in point of Fact as well as Law the Commoners may come in as Witnesses but not as Judges 2d Reason If an Appeal of Murder were depending before the Statute 3 H. 7.1 The King could not proceed upon an Indictment for the same Fact because the King only takes care that the Offender should not go unpunished but the preferrence was given to the Person more particularly concerned and the King's Indictment must stay till the year and day were out to see whether the Person immediately concerned would prosecute the Suit so says Lord Hales in his Pleas of the Crown Then a Minoriad Majus does the Law so regard the Interest of the Wife or Heir c in their Suit and has it no regard to the Suit of all the Commons of England for manifestly an Impeachment is the Suit of the People and not the King's Suit 3d Reason If this Man be tryed and acquitted here Can he plead this in Bar to the Impeachment it cannot bar that great Court by saying he was acquitted by a Jury in Westminster-Hall and if so contrary to a fundamental Rule of Law a Man shall be twice put in danger of his Life
removed and there they remain to this day nay further to those Impeachments they have pleaded to Issue which is ready for Tryal but in the Case at the Bar there is only an accusation without any further proceedings thereupon I take not this to be such a dangerous Case as the Gentlemen of the other side do pretend for you to determine For I am sure it will be better for the Court to answer if ever they shall be required That they have performed their Duty and done Justice according to their Consciences Oathes than ever to be afraid of any Threats or Bugbeares from the Bar. For would not they by this manner of Pleading put upon your Lordships a difficulty to judge without any thing contained in the Impeachment to guide your Judgment whether the Prisoner be Impeached for the same thing for which he is Indicted May not the Treason intended in this Impeachment be Cliping or Coyning We rely upon the informality and uncertainty of the Pleading only and meddle not with the Question whether an Impeachment in the House of Lords supersedes an Indictment in the King's Bench For We say they have not Pleaded it so substantially as to enable the Court to Judge upon the Question and therefore We pray your Judgment that the Plea may be over-ruled Sr Francis Wythens added I say that this Plea cannot be good to oust this Court of Jurisdiction The Prisoner shall by no means be admitted to averr the intention of the House of Commons before they have declared it themselves and therefore I conceive the Plea to be naught for that reason also for another because the Court in this Case by any thing expressed in the Plea cannot discern or takenotice whether it be the same Treason or not Treason generally alledged in the Impeachment is the Genus and the particular Treason in the Indictment is only a Species And the Averment in the Plea is That the Genus and the Species is the same which is absurd and if allowed tends to hood-wink and blind the Court instead of making the matter plain for their Judgment The Arguments being ended The Chief Justice said We never intended when We assigned four Council to Fitz-Harris that they all should make formal Arguments in one day 't is the first time that ever it was done but because 't is in a Case of Blood We were willing to hear all you could say But I must tell you you have-started a great many things that are not in the Case at all We have nothing to do here whether the Commons at this day can Impeach a Commoner in the House of Lords nor what the Jurisdiction of the Lords is nor whether an Impeachment when the Lords are possessed fully of it does bar the bringing any Suit or hinder the Proceeding in an Inferiour Court but here We have a Case that rises upon the Pleadings Whether your Plea be sufficient to take away the Jurisdiction of the Court as you have pleaded it And you have heard what Exceptions have been made to the form and to the matter of your Pleading We ask you again whether you are able to mend your Pleading in any thing for the Court will not catch you if you can amend it either in matter or form But if you abide by this Plea then We think 't is not reasonable nor will be expected of us in a matter of this Consequence to give our Judgment concerning this Plea presently All the Cases cited concerning Facts done in Parliament and where they have ender voured to have them examined here are nothing to the purpose for We call none to question here for Words spoken or Facts done in the Commons House or in the Lords which takes off the Instances you have given but our Question is barely upon the Pleading of such an Impeachment whether it be sufficient to fore-close the Hands of the Court And we will not precipitate in such a Case but deliberate well upon it before we give our Judgment Take back your Prisoner Upon Wednesday May 11th Fitz-Harris was again brought to the Bar and the Attorney moved for Judgment on the Plea and The Chief Justice thus delivered the Opinion of the Court Why Mr Fitz-Harris you have pleaded to the Jurisdiction of the Court that there was an Impeachment against you by the Commons before the Lords and you do say that that Impeachment is yet in force and by way of Averment that this Treason whereof you are Indicted and that whereof you are Impeached are one and the same Treason And upon this the Attorney for the King hath demurred and you have joyned in demurrer And we have heard the Arguments of your Counsel and have considered of your Case among our selves and upon full consideration and deliberation concerning it and all thath hath been said by your Counsel And upon conference with some other of the Judges We are three of us of Opinion that your Plea is not sufficient to bar this Court of its Jurisdiction my Brother Jones my Brother Raymond and my self are of Opinion your Plea is insufficient My Brother Dol-been not being resolved but doubting concerning it And therefore the Court does order and award that you shall answer over to this Treason Thereupon he pleaded Not guilty and the Court appointed his Tryal to be upon the first Thursday in the next Term. Upon Thursday the 9th of June 1681. Fitz-Harris being brought to the King's Bench Bar the Court ordered the Jury to be called and Major Wildman being returned upon the Jury and appearing The Attorney General demanded whether he were a Freeholder in Middle sere He answered I was a Parliament Man and one that voted the Impeachment against this Person and dare not serve upon this Jury and he was set aside as not being a Freeholder John Kent being called said that he was no Freeholder and the Chief Justice declared that then he could not be sworn of the Jury Then Gites Shute Nathaniel Grantham Benjamine Dennis Abraham Graves Henry Jones and Isaac Heath were set aside as not being Freeholders And the Jury sworn were Tho. Johnson Lucy Knightley Edward Wilford Alexander Hosey Martin James John Vyner William Withers William Clenve Tho. Goffe Ralph Far Samuel Freebody John Lockyer Then the Indictment was read comprising several Treasonable passages in a Libel called The true English-man speaking plain English Then Mr Heath as Counsel for the King opened the Indictment and the Attorney General enlarged upon it and called the Witnesses Mr Everard testified that he and Fitz-Harris became acquainted in the French King's Service and F. Harris invited him to frame a Pamphlet to reflect upon the King and gave him Heads and Instructions tending to it and told him that he should have forty Guineas and a Monthly Pension which should be some thousand Crowns Fitz-Harris then demanded of Everard Whether he was not put upon this to trapan others which Everard answered with this question Can you mention any
Henry 6th time Sr Philip Lloyd and Mr Bridgman Clerks of the Council then testified that Fitz-Harris acknowledged the Paper of Instructions given to Everard to be his own hand-writing The Prisoner then called his Witnesses and Dr Otes testified that after the Business was talked abroad he discoursed Everard about the Libel and asked him what the design of it was and he told him it was to be Printed and sent by the Penury Post to the Protesting Lords and leading Men of the Commons and they were to be taken up as soon as they had it and to have it found about them And that Everard told him the Court had a hand in it and the King had given Fitz-Harris Money already and would give him more if it had success Sheriff Cornish was then called and the Prisoner demanded of him what the King said to him when he came to his Majesty from him from New-Gate whether the King did say Fitz-Harris was employed by him and received any Money and what for The Sheriff answered when I gave his Majesty an account that I found the Prisoner disposed to make a Discovery he was pleased to tell me he had often had him upon Examination and could make nothing at all of what he did say or discover to them and that he had for near three Months before acquainted him that he was in pursuit of a Plot and the King did say That in as much as he made great Protestation of Zeal for his Service he did Countenance and give him some Money Mr Attorney seeming to be under a surprize at this Evidence demanded of the Sheriff whether the King ever declared that he saw Fitz-Harris in his Life or that he ever was in his Presence Mr Sheriff answered yes The Attorney said Ay! but did the King say he ever saw him before he was Arrested for this Fact The Sheriff replyed yes his Majesty said he came to him about three Months before and pretended he would discover a great Plop to him Then the Prisoner called Colonel Mansel and demanded what he heard Sr William Waller say after the Discovery was made Colonel Mansel testified that he heard Sr W. Waller say that when he had acquainted the King with this business he told him he had done a great piece of Service and gave him thanks but that Sr William was no sooner gone but two worthy Gentlemen told him that the King said he had broken all his measures and he would have him taken off one way or another And Colonel Mansel added that Sr William said That the design was against the Protestant Lords and the Protestant Party Serjeant Maynard upon hearing this declared that he did not doubt that it was against the Protestaut Party Mr Hunt being called by the Prisoner said that Sr W. Waller told him and others That the King gave him particular thanks for detecting Fitz-Harris but that he was told by two Gentlemen of undoubted Credit that heard the King speak it that his Majesty was in extream Passion and said He would give any thing to take him out of the World that he was an insufferable vexation to him and that he had broken all his measures and that Sr William said the same at Oxford in the prefence of Sr Philip Harcourt and of my Lord Radnor's Son Mr Roberts and did also say it was a design to make these Papers Evidences of Rebellion and that this was the Counter part of Dangerfield's Plot and that he hoped he would not deny it if he be asked here he is Sheriff Bethel then testified that Everard told him he wrote the Libel and that before Everard knew him or heard him speak a word in his days he put in an Information of Treason against him at the instigation of his Mortal Enemy and it was so groundless that tho' it was given in three years ago he never heard a word of it till Friday last Mrs Wall was then called by the Prisoner he demanded of her whether he had not conveyed some Libels and Treasonable Papers to the King by her means and received Money upon that account but she would not acknowledge it He then asked her whether it was not about Christmas was twelve Month that he gave her the Libel about the King and her Lady and the King thanked him extreamly and he had 250 l. given him and he said to her Come Mrs Wall don't think to trick me out of my Life can you deny that I had the 250 l. speak had I the 250 l. Mrs VVall answer'd That was not the Question you ask's me at first There was 250 l I think it was 200 or 150 or 250 l. you know it was not for any Libel you once told me you could bring in People to the King and Duke's Interest that were very considerable and the Secretary of State desited to know who they were and you named one Thomas Merry and my Lord Howard of Escrick and the Secretary desired me to get him in if I could Fitz-Harris then demanded of her whether he did not come to her the Wednesday before he was taken and tell her he desired to speak with the King and that he had a Libel to present to him Mrs Wall answered No it was the Thursday you desired me to bring you to the Speech of the King which was a thing you never desired before and you said you believed you could say something to him that might do him Service but she denyed that he said any thing to her of the Libel Upon further questions put to her she said that Fitz-Harris was never admitted to the King and that the King never took notice of him or spoke to him by her means and that the Money was paid for the bringing of my Lord Howard who came first to her two years ago and whether it be a year and an half since his Lordship met with the King she said she could not tell Mr Cowling declared That Mrs Wall told him that the second or third night before he was taken Fitz-Harris came to her to bring him to the King but she asked him why he did not go to one of the Secretaries and he said that he could not do that without being taken notice of and that she then said to him Write down your Business and I will carry it to the King and he said No I will not do that and that she thereupon replyed I must then beg your pardon if I don't bring you to the King My Lord Howard then testified That about ten or fourteen days before the Sitting of the Parliament in October last Fitz-H applyed to him in the King's name to have him wait upon the King but that he declined it and that he then pressed his Lordship to wait upon the Dutchess of Portsmouth and when he came to her he found the King there his Lordship added that if the 250 l. were given for bringing him thither he feared the King did not think he deserved it That
advantage thereat and would not hear me when I had called to mind that which I am sure would have invalidated their Evidence and tho' he granted some things of the same nature to another yet he granted it not to me my Blood will be also found at the Door of the Vnrighteous Jury who found me Guilty upon the single Oath of an Outlawed man for there was none but his Oath about the Money who is no legal Witness tho' he be pardoned his outlawry not being recalled and also the Law requires two Witnesses in point of Life and then about my going with him to the place mentioned it was by his own Words before he could be Outlawed for it was two Months after his absconding and tho' in a Proclamation yet not high Treason as I have heard so that I am clearly murdered by you and also bloody Mr Atterbury who so insatiately hunted after my Life and tho' it is no profit to him yet through the ill-will he bore me left no Stone unturned as I have ground to believe until he brought me to this and shewed favour to Burton who ought to have dyed for his own Fault and not to have bought his Life with mine And lastly Richardson who is cruel and severe to all under my Circumstances and did at that time without all Mercy or Pity hasten my Sentence and held up my Hand that it might be pronounced all which together with the great one of all * * King James the second by whose Power all these and multitudes of more Cruelties are done I do heartily and freely forgive as done against me But as it s done in an implacable mind against the Lord Christ his Righteous Cause and Followers I leave it to him who is the Avenger of all such Wrongs and hath said I have raised up one from the North and he shall come upon Princes as upon Morter and as the Potter treadeth Clay Isa 41.25 He shall cut off the Spirit of Princes and be terrible to the Kings of the Earth Psal 76.12 And know this also that though you are seemingly fixed and because of the Power in your Hands and a weighing out your Violence and dealing with despightful Hand because of the old and new hatred by impoverishing and by every way distressing those you have got under you yet unless you secure Jesus Christ and his holy Augels you shall never do your business nor your Hands accomplish your Enterprizes for he will come upon you er'e you are aware and therefore O that you will be wise instructed and learn is the desire of her that finds no Mercy from you Elizabeth Gaunt Postscript SVch as it is you have it from her who hath done as she could O is sorry she can do not better hopes you will pitty and cover weakness shortnese and any thing that is wanting and begs that none may be weakned or humbled at the lowness of my Spirit for God's design is to humble and â—baseus that he aloâ—â— may be exalted in this day and I hope he will appear in the needful time and it may be reserved the best Wine tall last as he hath done for some before me none goâ—â—â— to Warfare at his own charge and the Spirit bloweth not only where but when it listeth and it becomes me who have so often grieved quenched and resisted it to wait for and upon the motions of the Spirit and not to murmur but I may mourn because through want of it I honour not my God nor his blessed Cause which I have so long loved and delighted to love and repent of nothing about it but that I served him and it no better Remarks upon the Tryal of Mr Joseph Hayes at the King 's Beath upon an Indictment of high Treason for corresponding with Sr Thomas Armstrong MR Hayes was brought by Habeas Corpus upon the 3d of November 1684 from the Gatâ—â—house and was arraigned upon an Indictment to this effect viz. That he being a false Traytor against the King c the 31st of August in the 31th Year of the King knowing Sr Thomas Armstrong to have constired the death of the King and to have sted for the same did traytorously relieve comfort and maintain him and for his Relief and Maintenance did pay the sum of 150 l. against the duty of his Allegiance c. To this he pleaded Not Guilty Upon the 21st of November 1684 He was brought to Tryal before the Lord Chief Justice Jeffryes Judge Holloway Judge Wythens and Judge Walcot and the Jury being called he prudently challenged the following Persons which if he had not done it is more than probable that he had dyed as poor Colledge did at Oxford Sr Thomas Griffith Richard Ellis Thomas Langham Henry Whistler Nicholas Smyth Thomas Soper Tho. Passenger Henry Minchard Peter Jones William Crowch Peter Devet Henry Lodes William Pownes Charles Gregory William Peele Richard Weedon Thomas Pory Tho. Peircehouse Richard Burden John George John Steventon Robert Watkins George Twine Thomas Short Robert Townshend James Bush Walter Mastors Thomas Larkham Edward Cooke William Fashion John Flowerdew John Greens John Grice Charles Fowler and James Smyth In all 35. The Jury sworn were Samuel Sheppard Daniel Allen Rowland Platt Adam Bellamy Daniel Templeman William Dewart Edward Pigget Tho. Brailesford Edward Cheeke Edw. Vnderwood Robert Masters William Warren It is likely that he would have challenged one if not more of the last four but that he had challenged the number of 35. before these four were called and the Law allowed him not to challenge more Then the Indictment being read Mr Dolben as Counsel for the King opened it to the Jury Mr Attorney General then enforced the Charge thus After Sr Tho. Armstrong had fled the Prisoner relieved and aided him with Money and that after he was Indicted and sued to the Exigent besides a Proclamation followed upon his flight which was a sufficient notice to all the King's Subjects Sr Thomas went by the Name of Henry Laurence beyond Sea by that Name the Prisoner held a Correspondence with him and sent him a Letter dated the 21st of August and tells him he had sent him a Bill of Exchange for 165 l. drawn upon his Brother Israel Hayes who was acquainted with Sr Thomas If it were not for these receiving and nourishing of Traytors they would not lurk at Amsterdam as they do The Letter was taken about Sr Thomas and we shall prove it is the Prisoner's Hand-writing and that Sr Thomas received the Money I hope you will take care But like good Men they took all the care they could to stop the Fountain of Blood that to the scandal of the Nation had too long issued from the Old-Bayly by Convicting this Gentleman to stop the Fountain that issues so much supply to these Traytors that lurk abroad Mr Hayes then affirmed that he never knew Sr Thomas in his life Then the Indictment against Sr Thomas was read which was
before the Lord Chief Justice Herbert c. IT was very well known that Mr Bateman as a good Citizen true Englishman had constantly asserted and stood up for his native Rights Priviledges and by consequence he became obnoxious to those who had conspired and resolved the ruin thereof and of the Protestant Religion with them It is an undoubted truth that this worthy Citizen's seasonable and necessary endeavour with many others of eminent desert to withstand the fatal Usurpation of Sr. John Moore in imposing Sr Dudly North and Sr Peter Rich upon the City for Sheriffs in the year 1682 did expose him to the implacable rage of the Conspirators Our Parliaments and Courts of Justice had been for some years most strenuously attempting to extirpate the hellish Popish Plot and accursed Popery but there were then found Miscreants who set themselves to run the Kingdom upon a wrong scent and they never wanted a Protestant Plot when it might cover and secret their own and all wise men saw them ready to start one when Sr John Moore had constituted proper Sheriffs At that time the Earl of Shaftesbury well knowing that his Innocence would not be able to guard him against hired and suborned Rascals and pack'd Juries and he remembring what base and villanous Arts had been used to destroy him his Sagacity prompted him to put himself out of the reach of that implacable rage which had so long pursued him and in order to it he concealed himself for some time in Mr Bateman's House and afterwards till he retired into Holland in the house of that worthy upright English-man Captain Tracy in Goodman's Fields whose Life was therefore threatned and eminently endangered but the divine Providence delivered him after he had suffered a long and close Imprisonment in Irons in Newgate under the Tyranny of Richardson Mr Bateman was also the Refuge of that eminent and well-deserving Citizen Sr. Patience Ward whose innocence could not defend him against those wrathful Enemies with his undaunted appearance against Popery had stirred up against him He retired to Mr Bateman's House and was by him concealed until discovered by that Blood-hound Atterbury About that time viz. in June 1683 the Conspirators had brought Keeling's Plot upon the Stage and thereupon Mr. Bateman was taken up by Atterbury and carried before King Charles the second and there accused by * He swore many of his Neighbours into Prisons and Irons tho' till now Rouse excepted no man was ever tryed upon his Evidence Lee the Dyer The King had declared of that infamous Varlet that if he were not checkt he would swear all mankind into the Plot Nevertheless the King demanded of Mr Bateman whether the Earl of Shaftesbury and Sr Patience Ward did lodge at his House which Mr. Bateman acknowledging he was committed Prisoner to the Marshalseas and there kept eighteen Weeks and then there being no Prosecution he was discharged upon Bail At the time of the Duke of Monmouth's Landing not only the Prisons about London but the Halls of many of the City Companies were filled by the then Lieutenancy with the best Citizens under the imputation of being Trayterously affected or Enemies to the Government without any manner of accusation and amongst them Mr Bateman was imprisoned in Cloth-workers-Hall but being discharged from thence in a short time afterwards Atterbury who in that day took up whom he pleased fetched him from his House at Highgate and kept him some time Prisoner in his own House which he made a Goal as long as Men would feed his Avarice and then delivered him over to Richardson by whom he was kept in a close Room with the Windows boarded up sixteen or seventeen Weeks before he was brought to Tryal That Mr Bateman was a Person of very good sense and understanding will not be denyed by any Man to whom he was known but by the rigour severity and inhumane usage wherewith he was treated during his long Imprisonment he was found at the time of his Tryal to be very much shattered in his understanding and very uncapable of making a defence and that defence which he made was by the assistance of his Son a very young Man of about twenty years of age The Jury returned and sworn to pass upon him were Richard Aley Richard Williams John Cannum Patrick Barret John Palmer James Raynor Edward Rhedish George Lilburne Daniel Fowles Peter Floyer Laurence Cole John Cooper Mr Phips opened the Indictment to this effect viz. That the Prisoner the 30th of May 1683 trayterously with other Rebels conspired to depose and kill the King and to change and subvert the Government and did promise and undertake to be assisting and aiding in the apprehending the King and in taking and seizing the City of London and the Tower the Savoy and Whitehall Then Serjeant Selby and Mr Moloy aggravated the charge in the Indictment And Josia Keeling witnessed that Rumbold * Note all this is hear-say and no manner of Evidence against the Prisoner Keeling had heard it discoursed but for ought appears it might be by Secretary Jenkins for he named no Body said he had a House very convenient to plant Men in to seize the King and that he had heard it discoursed that Mr Bateman was lookt upon as a Person fitting to manage one Division in order to an Insurrection to seize the Tower c. Tho. Lee the Dyer testified that he being acquainted by Goodenough This Lee at the same time that he swore against Mr Bateman also offered to swear Treason against a Person with whom to my certain knowledge he never exchanged one word in his Life and who never was in company with him nor otherwise seem by Lee than at a considerable distance in a Coffee-house how the City was to be divided into twenty parts and managed he the said Lee nominated Mr Bateman as a fit Man to manage one part and thereupon he was desired by Goodenough to speak with him about it and that when he discoursed him he plainly apprehended Mr Bateman was no stranger to it nor boggled to give his consent That he went with Mr Bateman to the Duke of Monmouth's House and after he had had some discourse with one of the Duke's Servants he came to him and told him the Duke was willing to engage in the business and had Horses kept in the Country to be in readiness when matters should come to extremity That he the said Lee and Mr B. went to the Devil-Tavern and there Mr B. proposed the seizing the City Tower Savoy and Whitehall and the King's Person And that Mr B. told him at the Half-Moon-Tavern in Aldersgate-street that if he could but see a Cloud as big as a Mans hand he would not be wanting to employ his Interest That Mr Bateman had told him Just as likely a story as that of Colledge's Plot in his single person to seize the King at Oxford that he intended to take an House near
the Tower to place Men in in order to surprize it Mr Bateman objected to this evidence that if he had been guilty of such discourse he had been fit for Bedlam and if Lee had heard him speak such words he wondered he had not sooner accused him Richard Goodenough then witnessed that in discourse with Mr B. at the King's Head-Tavern in Swithens Alley about the intended Insurrection M. B. promised to use his interest in raising Men and to be assisting in surprizing the City Savoy c. and in driving the Guards out of Town Mr Bateman having subpenaed Sr William Turner to give an Account of an Information given in upon Oath before him by one Barker above two Years before that Lee would have suborned him against the Prisoner Sr William would testifie nothing thereof but said that it being above two Years since he could not charge his memory with any of the particulars contained therein Mr Tomkins Sr William Turner's Clerk being askt about Baker's Information said there was such an Examination taken Anno 1683 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 Baker being called declared That being in Lee's company in the year 1683 Lee would have perswaded him to insinuate himself into Mr Bateman's company and he demanding of Lee to what end he should do it and about what he should discourse Lee told him he might talk about State matters Lee by these horrid practices made himself a great Man being put into the place of a Messenger which he enjoyed till of late tho some time before he became a Witness he borrowed Money to buy Bread for his Family and by that means he would find a way to make him a great Man and Baker testifi'd he was examin'd about this before Sr William T. The Court upon this Evidence declared that what Baker said A wicked but customary practice of that day to abet and justifie Suborners and Trapans was nothing to the purpose but that Lee had a design therein to make a discovery of the Conspiracy if he could have procured a Witness to corroborate his Evidence The Jury being sent out without Hesitation brought Mr Bateman in guilty of the Treason tho' 't is certain King Charles laught at Lee's evidence It being demanded of Mr B. what he had to say why Judgment should not be pronounced He desired to know whether Mr Goodenough was fully pardoned and he was answered that as for the Outlawry he was pardoned and for any thing else he was not prosecuted and then he was condemned and was executed upon the 18th of December 1685. That the matter relating to Sr William Turner may appear in it its true Light I shall subjoyn the following accompt thereof Mr Bateman's Son having as he thought very providentially heard that Baker had about two Years before given an Information upon Oath to Sr William Turner of the Villain Lee's tampering with him to ensnare and accuse Mr Bateman The Son was advised by Counsel to apply himself to Sr William and in several attendances upon him when he was engaged in other matters and his Books of Entries lay upon his Table he turning over the Leaves found the Entry of Baker's Information about Lee's attempting to suborn him against Mr Bateman The Son thereupon in the first place applied to Tomkins Sr William's Clerk to get a Copy of that Information and did once think him inclined to let him have it but at last he told him he must ask Sr William Thereupon he applied himself to Sr William for it who demanded of him Whether it were against the King and young Mr Bateman answered him No it may save the Life of one of his Subjects whereupon Sr William said You shall not have it The only Refuge then was to subpena Sr William Turner and his Clerk which was done and Sr William being examined saying he could not charge his Memory with any of the particulars in the Information of Baker young Mr Bateman said Let the Book be sent for it is in such a Book and such a Page Whereupon Herbert the Chief Justice in a passion commanded young Mr Bateman to be removed out of the Court as he was If the truth of what is here related in reference to Sr William Turner be any way doubted it will evidently and beyond controul appear by the Proceedings before the House of Lords where it hath been very lately made out by Mr Bateman's Son and also by another Witness who was privy to the whole transaction thereof with Sr William Turner Mr Bateman being thus condemned to Death by the foregoing wicked Practices expressed himself thus to his Son Richard Your Father needs not to dye if he will accuse others but he dyes because he will not be a Rogue And 't was most undoubtedly true as 't is that a greater Rogue lives not than this Lee Mr Bateman's first Accuser who having miscarried in his cursed Attempt to suborn Baker is now seconded by Goodenough who was brought with a Halter in effect about his Neck to swear this good Man out of his Life In relation to the Witnesses and their Evidence some things deserve to be further remarked The late King James had no sooner possessed himself of the Throne but by his order and special recommendation a most malitious Tract was emitted to the World under the Title of Atrue Account and Declaration of the horrid Conspiracy against the late King his present Majesty and the Government The temporizing Pen-man who ever he was shewed more Art than Honesty in compiling that History and omitted nothing therein which might serve the turn of Popery but most wickedly magnified the Evidence of the Conspiracy he treated of His loose and virulent Pen runs thus as to Keeling one of the Witnesses in the case before us Josia Keeling a most perverse Fanatick was the Man whom God chose to make the first discoverer It pleased the divine Goodness so to touch his Soul that he could not rest till after much conflict in his mind he had fully determined to discharge his Conscience of the Hellish Secret Now the truth of it is Keeling was found about that time to be under some Conflict but it was with Satan and his Instruments who quickly vanquished and made him a Witness as hath been lately made out beyond contradiction by the Testimony of many unblemished Persons before the House of Lords of which more in it is proper place he had indeed before that time frequented an Assembly of Christians who dissented from the Church of England but being thrown out as a perverse Fanatick he made his way by a Profligate Fellow like himself one Peckham to Sr Leoline Jenkins the Secretary of State who listed him of his Church and the first in his Roll of Witnesses and since he became so 't is notoriously known that he hath given up himself to all manner
Allegiance to the King and his Heirs but also by their several Meetings and Cabals sinee which administer greater suspition from the store of Arms many of them were provided with And for that the same Persons unanimously assembled with Schismaticks and disaffected Persons in the publick reception of James Duke of Monmouth who has appeared a prime Confederate in the late treasonable Conspiracy the concourse of armed Persons then attending him especially in and near several populous Towns in this County where the invited and instigated Rabble in a broad mixture of various Sectaries with superfluous joy and popular noise tumulted on that occasion has had an evil influence upon this yet unsettled Country and brought a terror upon his Majesties good and peaceable Subjects for remedy whereof with relation to the publick Peace and to prevent as far as in us lies the spreading of such contagion as also to wash our Hands from all misprision by concealing proceedings that may encourage greater Evils in other parts of his Majesties Dominions We conceive it expedient that the Principal Persons who promoted the aforesaid Seditious Address and also those who were notorious in consorting aiding and abetting in the Routous reception and entertainment of the said Duke of Monmouth and his Associates in this County together with the frequenters of Conventicles and those that harbour and countenance any Nonconformist Minister or Preacher should be obliged to give security of the Peace And particularly Charles Earl of Macclesfield Richard Lord Colchester Charles Lord Brandon Henry Booth Esq Sr Robert Cotton Knight and Baronet Sr Willougby Aston Baronet Sr Thomas Mainwaring Baronet Sr Thomas Bellat Baronet Sr John Crew Knight Nathaniel Booth Esq Colonel Thomas Leigh junior John Mainwaring of Baddeley Esq Peter Leigh of Boothes Esq Colonel Roger Whitley of Peele And Mr Thomas Whittley his Son Roger Mainwaring of Kiruuntham Esq Tillston Bruen of Stapleford Esq Sr Robert Duckenfield Baronet Thomas Lea of Dernal Esq Mr Robert Hide of Cattenhall Edward Glegge of Grange Esq Richard Leigh of Highleigh Esq Mr Roger Whittley Mr Robert Venables of Winthcombe William Minshall of Namptwith Esq John Hurlston of Newton Esq And Charles his Son And William Whitmore of Thutstaston Esq We present also that all persons not frequenting the Church according to Law are Recusants it being impossible to know the hearts of men for what cause they refuse to come to Church And that all connivance and indulgence in that case is the ready Road to Rebellion Popery and Arbitrary Power And further We desire humbly to present to his most sacred Majesty our repeated Congratulations of Joy for his and his Royal Brother's happy deliverance from the late Treasonable Conspiracy with our assurances that We will with our Lives and Fortunes stand in defence of his sacred Person and Government his Heirs and Lawful Successors To all which we subscribe our Names The Grand Jury T. Grosvenor W. Cotten Edw. Legh Peter Shakerley Tho Warburton Anthony Eyre Hen. Dayies Jo. Dod John Daniel T. Minshall J. Starkey Hen. Meales Rob. Alpart Ran. Dod Edw. Bromley J. Hockenhull Francis Leche Tho. Baruston John Davis Heads of some Informations and Examinations taken upon Oath before a Committee of the House of Lords appointed to inspect Who were the Advisers and Prosecutors of the Murders of the Lord Russell Colonel Sidney Sr Thomas Armstrong Mr Cornish others And who were Advisers of issuing Quo Warranto's against Corporations who were Assertors of the dispensing Power whereof a Report was made by the Right honourable the Earl of Stamford upon the 20th day of December 1689. Also Copies of some other material Papers relating to the Murders and Oppressions perpetrated upon pretence of a Conspiracy against King Charles the second and the Duke of York in the year 1683. MR John Phelps Mr Thomas Morris Mr Peter Hagar Mr Robert Bates Mr Richard Haly Mr Horneby and Mr Crispe Grang all Persons of good value and unspotted Reputation being examined upon Oath in relation to Josin Keeling deposed in substance as follows viz. That Keeling three or four days or a week before his Discovery of the Presbyterian Plot came into their Company at the Fleece Tavern in Cornhill where he appearing to be much disturbed and confused one of their Company enquired of him why he seemed to be so disordered to which he answered that he lay under a great Temptation for he was sent to The Popish Lords were then in the Tower by the Lords in the Tower and some Gentlemen that came to him from them told him his own Party had disobliged him He had as a loose Fellow been cast out by the Congregation to which he belonged and he had now an opportunity to be revenged of them That he could not be insensible of some Persons that designed against the Government and that if he would discover Subornation was at that day carried on by the tender term of discovering he might make himself and his Family That he had great proffers of Money and a Place of 100 l. per annum and might go in a Coach and six Horses to Windsor And that he was to meet those who treated with him again that Night at the Bull-head Tavern near the Tower That upon Keeling's talking at this rate one of the Company askt him why he troubled them with this discourse and told him if he knew any thing against the Government he ought to discover it but if he knew nothing he would do well to keep out of such Temptations and not go to the meeting appointed but he said he would go because he had promised them in the morning that he would meet them again but declared that he knew nothing said that he acquainted them with it because if he should be prevailed upon by Temptation of Money to witness any thing they should be able to witness against him that he had declared that he knew nothing in agitation against the Government and that they should testifie that he was the greatest Rogue and Villain living if he should swear against any Man Mr Phelps in particular deposed That he attended to have testified this at my Lord Russell's Tryal bat was not askt to come in at any of the other Tryals and durst not appear unless desired That he remembers not whether or not he knew of Walcot's Tryal before it was over but that he knew not that Keeling was a Witness against him till after the Tryal was over Mr Morris deposed That he knew not that Keeling was a Discoverer of a Plot till after Walcot's Tryal but believes he acquainted Sr VVilliam Poultney what he heard Keeling say before the Lord Ruse sell's Tryal and also told it to Mr Stevens whereupon he was subpaenaed to that Tryal and went but the Tryal was not till three or four days after the time he was directed to attend That a second Subpaena came the night before the Tryal but he being from home did not
receive it till after the Tryal Mr Hagar deposed That he thinks he knew Keeling was a Witness against Captain Walcot but did not then offer himself to be a Witness because times were so difficult but when he heard of my Lord Russell's Tryal he acquainted his Lordship's Servant with what he has now sworn and that he attended at the Tryal but Keeling was no Witness Mr Bates deposed That he believes he told what he hath now sworn about Keeling's Declaration at the Fleece Tavern to twenty persons before the Lord Russell's Tryal and that he heard Keeling say in the Amsterdam Coffee-House It is reported that I have discovered a Plot of the Duke of Monmouth my Lord Russell and others but I know nothing of it and am innocent and falsly accused Mr Haly deposed that he remembers not that he spoke of what he has now sworn to any Person for times were such he was affraid to speak of it John Keeling deposed that Josia Keeling his Brother who gave his first Information upon Oath to Sr Leoline Jenkins upon the 12th of June 1683. came to him the next day and called him out and carried him into the Company of Goodenough at the Dolphin-Tavern where they talkt of taking off the Black-Bird and the Goldsmith meaning the King and the Duke That the Company being parted he the said John Keeling told his Brother that he did not understand that Gibberish and therefore would not be concerned That his Brother then carried him to one Mr Peckham at the Fleece-Tavern in Southwark where Peckham encouraged him and told him if he would be a Witness he should be well rewarded Then he carried him to two Gentlemen whom he knew not to the Flanders Coffee-House who encouraged him and would have had him to a Dinner but he declined it That then his Brother told him he must go with him to Secretary Jenkins to give Information of what he had heard to which he shewing aversion his Brother told him he must go thither or to Newgate and so he was compelled to comply That he gave notice to Mr Tory his Brother's Master how his Brother had trapan'd him An honest Whigg Tory Citizen living in St Martins Legrand and is reckon'd the only Tory in London who at all Elections votes for the true English Interest and made him to swear and that he acquainted Mr Jones therewith and desired him to give notice to the Persons accused That he did not believe the Plot till he saw the Proclamation and understood that Lee the Dyer came in for a Witness That his Brother had 500 l. of the King and brought it to a Coffee-House That he the said John Keeling was subpenaed to be a Witness against the Lord Russell and was sworn to give Evidence to the Grand-Jury but was not examined Mr Nathaniel Wade deposed that Josia Keeling accused him of being in the Rye-Plot tho' he had never been above twice in his company That at the Salutation Tavern in Lumbard-street he heard Keeling * He was ordered by Jenkins to draw Men in and that he might accomplish it They gave him Licence to talk Treason speak very extravagantly and say he would do some brisk thing and that thereupon Mr Nelthorpe said I prethee be not mad And that presently after Mr Wade heard his own Name in a Proelamation Mr John Tisard deposed that at my Lord Russell's Tryal four Gentlemen told him that Keeling who was to have been the first Evidence against his Lordship had confessed that he was to meet some Gentlemen at a Tavern who were to give him Instructions what to swear but he said when he had received the Instructions he would make a discovery That however Keeling was not produced against my Lord and he believes the reason was because some were apprised of the defence which his Lordship would have made against his evidence Mr Nathaniel Gael deposed that by the perswasion of Keeling's Mother he procured 100 l. to be lent to him by Mr Wolfe a Merchant to supply his necessities which Keeling repaid three Months after which was after he was an Evidence Josia Keeling being examined declared That he remembers not that he was in an Agony or trouble at the Fleece-Tavern or that he told the Company there he was to meet any Persons concerning the discovery of a Plot or that he was promised a Groat or Employment or that he desired them to bear Witness against him if he pretended to say any thing of a Plot or that he knew nothing That he was subpenaed at the Lord Russell's and Walcot's Tryal and was there during the whole Tryal of the Lord Russell That he applyed himself to the Lord Privy Seal at his House to help him to his place in the Victualling Office and he thinks he applied also to the D. York That he after reminded the Lord Hallifax going up into the Gallery at Whitehall and after that he heard he had his place he thankt him that Evening and he continued in his place till within these six Weeks That he had Money of the King as Subsistance and also received 500 l. of Mr Duncumb the Banker That the King told him he should have 100 l. a Year but he never had it Mr Aaron Smyth deposed That he was a Prisoner in the Tower when my Lord Russell and Colonel Sidney were tryed and was kept close Prisoner above nineteen Weeks at 5. l. a week charge and two Warders watched him or lay in the Room That one of his Warders told him that Mr Ambrose Philips was come to speak with him and had an Order from one of the Secretaries to come as often as he would and bring whom he would along with him but then he was alone When Mr Philips came in after some other discourse he told him it was in his Power to make himself what he would for said he you know this Rogue Sidney is a Traytor and you way make your self what you will if you will DISCOVER what you know of his designs against the Government That he replied he could not say any thing that could touch a Hair of Colonel Sidney's head and that then Mr Philips said If he might advise the King he would have all the damn'd Whig Rogues hanged and for your part any Body knows you are Guilty Sr Ambrose Philips being examined confessed that Aaron Smyth had been his Client and there was a Friendship between them and he thought he might have prevailed with him to have declared what he knew which he thought would be a service to the Publick and service to himself That he cannot be positive whether Mr Roger North gave him an Order to go to Aaron Smyth or told him he should find an Order with the Lieutenant of the Tower That he used to Mr Smyth the Arguments a Friend might do and told him he came not to trapan him nor would he discover more of what he would tell him but what he would give