wherein he says The Design prospered so well that he doubted not but in a little time the Business would be managed to the utter Ruin of the Protestant Party And by other Letters he writes to the French King's Confessor that the Assistance of his most Christian Majesty is necessary and desires Mony from him to carry on the Design But there was one Letter without Date more bloody than all the rest which was written to Le Chese in some short time after the long Letter of Sept. 29 1675. wherein among many other things Mr. Coleman expresses himself thus We have a mighty Work upon our hands no less than the Conversion of three Kingdoms and the utter subduing of a Pestilent Heresy which hath for some time domineer'd over this Northern Part of the World and there never were such hopes of success since the Death of our Queen Mary as now in our days And in the Conclusion of this Letter he implores Le Chese to get all the Aid and Assistance he can from France and that next to God Almighty he did rely upon the mighty Mind of his Most Christian Majesty and therefore did hope Le Chese would procure Mony and Assistance from him Then Dr. Oates at the desire of the Prisoner was call'd again concerning the time of the Consult Coleman offering to prove that he was the most part of that Month in Warwickshire offering something to excuse himself from the Guilt of Treason but being clearly convic'd in both Points Sir Francis Winnington his Majesty's Solitcior General sum'd up the Evidence to which Serjeant Pemberton added something and then the Lord Chief Justice Scroggs spoke to the Jury who presently brought the Prisoner in Guilty who on the Morrow Morning being brought to the Bar offered again something as to his being out of Town and pleaded the King's Act of Grace the insufficiency of which as to him being shewn the Ld. Ch. Justice directed a very excellent and Christian Speech to him pronouncing Sentence upon him to be hang'd drawn and quartered And on Tuesday Decemb. 3. following he was accordingly drawn on a Sledg from Newgate to Tyburn where he declared that he had been a Roman Catholick for many Years and that he thanked God he died in that Religion and he said he did not think that Religion at all prejudicial to the King and Government The Sheriff told him if he had any thing to say by way of Confession or Contrition he might proceed otherwise it was not seasonable for him to go on with such like Expressions And being asked if he knew any thing of the Murther of Sir Edmondbury Godfrey he declared upon the words of a dying Man he knew not any thing of it for that he was a Prisoner at that time Then after some private Prayers and Ejaculations to himself the Sentence was executed upon him The Trials of William Ireland Thomas Pickering and John Grove at the Sessions-house in the Old-Baily on Tuesday December 17 1678. THen and there were Arraigned Thomas White alias Whitebread William Ireland John Fenwick Thomas Pickering and John Grove upon an Indictment of High-Treason for conspiring to murder the King To which they pleaded Not Guilty Their Jury were Sir Will. Roberts Bar. Sir Phil. Matthews Bar. Sir Charles Lee Kt. Edward Wilford Esq John Foster Esq Joshua Galliard Esq John Byfield Esq Thomas Eaglesfield Esq Thomas Johnson Esq John Pulford Esq Thomas Earnesby Esq Rich. Wheeler Gent. To whom the Indictment was read and Sir Creswel Levinz opened it Sir Samuel Baldwyn opened the Charge and Mr. Finch all of Counsel for the King in this Cause opened the Evidence And Dr. Oates being sworn deposed That in December last VVhitebread receiv'd a Patent from the General of the Jesuits at Rome to be Provincial of that Order That after that he ordered Conyers to preach against the Oaths of Allegiance and Supremacy at St. Omers upon St. Thomas of Canterbury's day That he sent several Letters thither to Ashby about Assassinating the King and in February a Summons to the Consult held April 24 upon which nine did appear at London and the Consult was begun at the White-Horse Tavern in the Strand and afterwards adjourn'd into several little Meetings wherein a Resolve was drawn up by Secretary Mico for Pickering and Grove to go on in their Attempt to kill the King for which Grove was to have 15000 l. and Pickering 30000 Masses and this Resolve was signed by Whitebread Fenwick Ireland and others whom he saw sign it That in June the Witness was sent over to murder Dr. Tongue for translating the Jesuits Morals out of French that he met with Fenwick at Dover whose Box being seiz'd by the Searchers then said that if they had search'd his Pockets they would have found Letters as might have cost him his Life That soon after Ashby who had been sometime Rector of St. Omers brought Instructions from VVhitebred who was then looking after his Charge as Provincial beyond Sea that Care should be taken for the Murder of the Bishop of Hereford and Dr. Stillingfleet and that 10000 l. should be proposed to Sir Geo. VVakeman for poysoning the King and that nevertheless Pickering and Grove should go on still in their Attempts That the 10000 l. was proposed to but refused as too little by Sir George whereupon VVhitebread writ from St. Omers that 15000 l. should be proposed which was both proposed and accepted whereof 5000 l. was paid by Coleman or his Order That in August at a Consult of the Jesuits with the Benedictines the four Ruffians were recommended by Dr. Fogarthy to which Fenwick being present consented and they were sent away to VVindsor and the next day 80 l. was sent after them That in this Month other Letters came from VVhitebread ordering Harcourt to send one Moor and Sanders alias Browne into Scotland to carry on the Design which Fenwick and Ireland had plotted of a Rebellion there That Pickering and Grove did accept the Terms and Grove took the Sacrament and Oaths of Secrecy upon it after the Consult was over in VVhitebread's Chamber That he saw Pickering and Grove several time walking in the Park together with their Screw'd Pistols that they had Silver Bullets to shoot with which he had seen and Grove would have had the Bullets to be champt for fear the Would to be given by them might be curable That in March last these Persons having followed the King several Years Pickering had a fair opportunity but that the Flint of his Pistol being loose he durst not venture to give Fire for which Negligence he underwent Penance and had twenty or thirty strokes of Discipline and Grove was chidden for his Carelesness That Fenwick was by when the 80 l. was sent by Harcourt to VVindsor for the four Ruffians That he received the Oath of Secrecy which VVhitebread administred upon a Mass-Book Mico holding the Candle That VVhitebread issued out several Commissions and particularly one for
him thanks for the 10000 l. which was given for the Propagation of the Catholick Religion and that it should be imployed for no other Intent and Purpose but for that which it was sent which was to cut off the King which Le Chese's Letter dated in August and which he both saw and read and to which this was an Answer positively express'd That Letter was directed to one Strange then Provincial of the Society in London which Mr. Coleman answered because Strange having run a Reed into his Finger had wounded his Hand and Secretary Mico was ill This Letter he delivered into Le-Chese's own Hand who gave him a Letter in answer to it which he brought to St. Omers and was there inclosed in the Letter from the Society to Coleman He further deposed that in April last Old Stile and May New Stile there was a general Consult of the Jesuits held by virtue of a Brief from Rome sent by the Father General of the Society first at the. White-Horse Tavern in the Strand and afterwards in several Clubs wherein the Death of the King was Conspired Grove and Pickering being imployed to Pistol him in St. Jame's Park for which Grove was to have 1500 l. in Mony and Pickering being a Priest was to have 30000 Masses which at twelve Pence a Mass amounted much-what to that Mony to all which Coleman was privy and in one Letter he writ about it express'd his disire to have the Duke trappan'd into this Plot to murther the King And in case this fail'd there was a further Design lay'd to murther the King at Windsor by four Irish Assassinates provided by Dr. Fogarthy and fourscore Pounds were provided by Father Harcourt a Jesuit and Rector of London for their present Maintainance which Coleman saw upon a Table in Wild-House where he was with Harcourt and gave the Messenger who was there ready to carry them after the Ruffians to Windsor a Guiny for expedition saying he lik'd it very well Yea and if this also should fail there were Instructions brought by one Ashby a Jesuit in July last to London from Flanders to proffer 10000 l. to Sir George Wakeman to Poison the King Which Instructions were seen and read by Mr. Coleman by him copied out and transmitted to several Conspirators of the King's Death in this Kingdom of England that were privy to this Plot. He said 10000 l. was too little and therefore he procured 5000 l. more to be added to it which Sir George Wakeman accepted of and receiv'd 5000 l. in hand with a promise of the Rest as soon as he should have done the Work He deposed likewise that a Consult had been held in the Savoy with the Jesuits Benedictine Monks for the murthering of the Duke of Ormond and raising a Rebellion in Ireland the Pope's Right to that Kingdom being asserted and 40000 black Bills provided to be sent thither for the use of the Catholick Party Coleman being privy thereto and the main Agent therein being heard to say to Fenwick that he had found a way to transmit the 200000 l. for the carrying on this Rebellion in Ireland That he saw likewise several Commissions come from Rome in Mr. Langhorn's Chamber among which was one for Mr. Coleman to be Secretary of State the receipt of which he hath since heard him acknowledg The Prisoner then offer'd something against the Informant from his telling the King when he was examin'd before the Council that he never saw him before Which the Informant obviated by confessing that there and then he did say that he would not swear that he had seen him before his Sight being bad by Candle-light and being then wearied and tired out but that when he had heard him speak he could have sworn it was he but it was not then his Business The other Witness then produced against the Prisoner was Mr. Bedloe Who deposed that he heard Sir Henry Tichbourn say that he had a Commission and that he brought one for Mr. Coleman and the rest of the Lords from the Principal of the Jesuits at Rome by order of the Pope to be Principal Secretary of State And that he was imployed by Harcourt to carry Letters to Le-Chese the French King's Confessor and was at a Consult in France where the Plot was discoursed on for killing the King and did bring back an Answer from Le-Chese to Harcourt in London and on the 24th or 25th of May 1677. he was with Harcourt at Coleman's House where he heard Coleman speak these words That if he had a Sea of Blood and an hundred Lives he would lose them all to carry on the Design And if to effect this it were necessary to destroy an hundred Heretick Kings he would do it The Prisoner then asking Mr. Bedlow if he ever saw him in his life He answer'd You may ask that question But in the stone Gallery in Somerset-House when you came from a Consult where were great Persons which I am not to name here that would make the bottom of your Plot tremble You saw me then The Court then proceeded to other evidence which were the Prisoners Papers and proved the manner of finding them by Mr. Bradley a Messenger and that those which were then produced in the Court were his by the Clerks of the Council and his own Servant Ordering them afterwards to be read The first Paper was a long Letter dated Sept. 29. 1675 sent to Le-Chese wherein he gives him an account of the Transactions of several Years before and of the Correspondence between him and Monsieur Ferrier Predecessor to Le-Chese Asserting that the true way to carry on the Interest of France and the promoting of Popery here in England was to get that Parliament dissolved which says he had been long since effected if 300000 l. could have been obtained from the French King And that things yet were in such a posture that if he had but 20000 l. sent him from France he would be content to be a Sacrifice to the utmost Malice of his Enemies if the Protestant Religion did not receive such a Blow as it could not subsist The receipt of this Letter was acknowledged by Le-Chese in an Answer he wrote to Mr. Coleman and was then read in the Court dated from Paris October 23. 1675. wherein he gives him thanks for his good Service and promises his Assistance in order to the promoting the Popish Religion Then was produced and read a Declaration which Mr. Coleman as Secretary had penned in the King's Name shewing his Reasons for the Dissolution of the Parliament Then also was read a Copy of a Letter written to Le-Chese which Mr. Coleman confessed he himself wrote and counterfeited in the Duke's Name and that when he was so bold as to shew it to the Duke the Duke was very angry and rejected it Several other Letters were read of Mr. Coleman's to Monsieur Ferrier and others and particularly one dated August 21. 1674. to the Pope's Internuncio at Brussels
And that this Statute was only ad Terrorem and ought to be taken most strictly in his favour The Ld. Ch. Justice then gave a short Charge to the Jury concerning him and set him aside And then the Jury was charged with James Corker as with the other against whom Dr. Oates deposed that he was Benedictine Monk and before 1674 one of the Queen's Priests that he had heard him several times say Mass in a Monks Habit at Sommerset-House and the Savoy and himself had received the Sacrament from him at the Savoy and had seen his Patent from Rome to be Bishop of London Mr. Bedloe deposed That he had seen him wear the Habit of a Benedictine Monk before the Suppression of the Convent in the Savoy and had seen him take Confessions and Absolve in Somerset-House Mr. Prance deposed That he heard him say Mass once at Mr. Paston's in Duke-street about two Years ago The Prisoner's Defence was only a flat Denial that ever he said Mass either in Somerset-house or Mr. Paston's So the Jury was charged with William Marshall as with the other against whom Dr. Oates also deposed that he had heard him say Mass several times within the compass of three Years in a Benedictine Monks Habit and seen him Absolve and consecrate the Host and give the Sacrament at the Savoy Mr. Bedloe could only depose that he saw him once in the Savoy in his Monks Habit and was told he was going to take Confessions Mr. Prance deposed that at his last Trial he heard Marshall say to Corker Tho we are Priests this does not reach us Mr. Dugdale deposed that he also then heard him confess himself a Priest To this the Prisoner pleaded that he made no such Confession or if he did it ought not to be Evidence against him That he was almost a Stranger to the Savoy and Oates was never seen there but once and was not to be believed now because the Jury did not convict him upon his Testimony when he was tried before and that it was now a Prosecution of his former Malice again to accuse him after he had been disbeliev'd For all which false Inferences having been rebuked by the Court the Lord Chief Justice summ'd up the Evidence And proceeded to William Russel alias Napper with whom the Jury being charg'd as the others Dr. Oates deposed that he had heard him say Mass in his Priests Habit and himself had received the Sacrament from him at Wild-house and that he was a Franciscan Friar Mr. Prance deposed that he had heard him say Mass twenty times and seen him give the Sacrament and hear Confessions at Wild-house Sir William Waller depos'd that when he took him he found Religious Habits among his Clothes which he owned to be his To all which the Prisoner had little to say more than denying all Therefore Charles Parris alias Parry was charged to the Jury as the rest And against him Dr. Oates swore that he had heard him say Mass at Wild-house and Mr. Paston's and consecrate the Host and give the Sacrament in Priests Habit. Mr. Prance swore that he knew him to be a Priest and had heard him say Mass at the Venetian Ambassadors and at Mr. Paston's and that he bought Oil-boxes once of him and brought him a Chalice and would not suffer him to touch it till himself had first broke it and that he heard him confess himself to be a Priest The Prisoner denied all and said that he knew not Prance and that he was a Windsor the time that Oates swore he heard him say Mass and produced one Lanscroon and Jacob Painters who testified to his being there from before Christmas 1677 to All-hallontide 1678 but the time Dr. Oates swore to was November before He offer'd the Venetian Embassador's Certificate that he never said Mass in his House which was refused the Embassador being gone away and Monsieur Rivier one of the Embassador's Servants testified he never saw him there but the Court rejected such Testimony And the Ld. Ch. Justice having summ'd up the Evidence went out of the Court and Henry Starkey was next set up with whom the Jury was charged as with the others And against him Dr. Oates deposed that the Prisoner was a Priest and he heard him once say Mass at Mr. Paston's in the Habit and saw him consecrate the Host and receive in both kinds Mr. Prance depos'd that he heard him confess himself to one Mr. Duncomb a School-master that is dead that he was a Priest and heard him say Mass at his House and the Lady Somerset's and Mr. Paston's and had heard him say that he said Mass in the King's Army To this the Prisoner pleaded how he had appeared for the King when he had but 500 Men that he was an Esquires second Brother and had spent in the King's Service above 5000 l. which he had got himself and bled for it before he had it and that he spent his Annuity of 140 l. a Year for the King and had lost his Leg for him and discover'd to him a Plot against his Person State and Government and that he suffer'd to this day for it But as to his being a Priest he said nothing but left it to the Proof which the Ld. Ch. Baron summ'd up And then the Jury was charged as before with Alexander Lumsden against whom Dr. Oates swore that he had heard him say Mass twenty times at Wild-house and had seen him consecrate the Host and had received the Sacrament from him and that he was a Dominican Friar and Procurator General for the Kingdom of Scotland being a Scotsman Mr. Dugdale swore that he heard him confess himself a Priest that day he was taken Mr. Prance depos'd he had heard him say Mass twenty times at VVild-house in his Habit and seen him consecrate the Host The Prisoner said he was a Scotsman born at Aberdeen The Ld. Ch. Baron summ'd up the Evidence and the Jury withdrew for about a quarter of an hour and brought in Anderson Corker Marshall Russel Parry and Starkey Guilty and Lumsden guilty of being a Priest and born at Aberdeen in Scotland Then the Judges went off the Bench and the Court proceeded to Judgment Anderson said he had gone out of England before but that the King kept him telling him he had need of his Service and he had a Protection from the Council-Board The Recorder promis'd him to acquaint the King with what he said but that he must now be sentenc'd Corker said little Marshall said much to little purpose urging his Majesty's Declaration for Liberty of Conscience and that there was no Crime in Priesthood it self Russel only deny'd what had been deposed against him Parry said that he was a French-Man tho of English Parents Starkey pleaded his Merits as he did before And then Lumsden being set aside Mr. Recorder sentenc'd these six to be drawn hang'd and quartered The Trial of Sir Thomas Gascoyne Bar At the King's-Bench-Bar at Westminster before
the Ld. Ch. Justice Scroggs on Wednesday Feb. 11. 1679. THere the Prisoner was arraigned upon an Indictment for High-Treason for conspiring the Death of the King the Subversion of the Government and the Protestant Religion on Saturday January 24 1679. To which he pleaded Not Guilty desiring a Jury of his own Country-Men which was promised him and some Friend to assist him because he was deaf being above 85 Years of Age. On Wednesday Feb. 11 following the Prisoner being brought to his Trial the Jury sworn after several Challenges were Sir Thomas Hodson Richard Beaumount Esq Stephen Wilks Esq Jervas Rockley Esq Robert Leeke Esq William Batt Esq Charles Best Esq John Cross Esq Barton Allett Esq William Milner Esq John Oxley Esq Francis Oxley Esq To whom the Indictment being read Mr. Dormer Serj. Maynard and Mr. Attorn Gen. opened the same And then Mr. Bolron being sworn deposed that he came to live with Sir T. Gascoyne in 1674 as Steward of his Cole-works and in 1675 he being fearful of his Estate lest it might be liable to be forfeited to the King he was a Witness to a collusive Conveyance thereof and saw him colourably receive 1000 l. of Sir William Ingleby he and one Matthias Higgringil helping to count the Money In 1676 he heard the Prisoner say to one Christopher Metcalf that he was resolved to send 3000 l. to the Jesuits in London for the carrying on of the Design and that he would return it by 300 l. at a time to prevent Suspicion by the hands of Richard Phisicke and about the beginning of 77 he heard the Prisoner say that he had returned it and that if it had been a thousand times as much he would be glad to spend it all in so good a Cause In 77 that there was a Consult at Barnbow-Hall in Yorkshire which is the Prisoner's House where was Sir Miles Stapleton Charles Ingleby Esq Esquire Gascoyne the Lady Tempest Thomas Thwing Sir VValter Vavasor Sir Francis Hungate Mr. Middleton Robert Killinbeck a Jesuit and VVilliam Rushton a Priest their discourse was about establishing a Nunnery at Dolebank in hopes that the Plot of killing the King would take effect resolving they would venture their Lives and Estates to further it And the Prisoner concluded to give 90 l. a Year for ever for the maintenance of this Nunnery Upon which they all agreed that after his Death he should be canonized a Saint Accordingly the Prisoner did erect a Nunnery at Dolebank near Ripley where Mrs. Lashalls was Lady Abbess Mrs. Beckwith and Mrs. Benningfield her Assistants Ellen Thwing Eliz. Butcher Mary Root others were Nuns here they were to reside till the King was kill'd and then to remove to Heworth near York and here they did reside near a Year and an half till the Plot was discovered and he had seen several Leters from them to the Prisoner That about March last Esquire Gascoyne and Mr. Middleton got Licences from a Justice of Peace to travel to London and he heard them tell the Prisoner they designed to fly into France and accordingly sold off their Goods the Prisoner approving their Resolution That on May the 30th last the Prisoner bid the Witness go into the Gallery where one VVilliam Rushton his Confessor came to him and discours'd him about his having taken the Oath of Allegiance telling him it was a damnable Sin he having thereby denied the Power of the Pope to absolve him from it but that the Pope had Power to depose the King and had done it and that it was a meritorious act to kill the King and if he would undertake to do it he would assist him and give him Absolution quoting that Scripture Thou shalt bind their Kings in Fetters and their Princes in Chaines concluding that the King was deposed and it was meritorious to kill him and that unless he would turn Roman Catholick the Pope would give away his Kingdoms to another The same day the Prisoner talked with him in his Chamber and inquired of him what Rushton had said to him which he told him and then taking him by the hand the Prisoner told him if he would undertake a design that he and others had to kill the King he would give him 1000 l. but refusing to be concerned in Blood he desired him of all Love to Secresy That in September 1678. he heard the Prisoner tell his Daughter Lady Tempest that he would send 150 l. to Dolebanke in hopes the blow would be given shortly which she seemed to like and he heard a Letter read afterwards from Cornwallis that he had received it but it was too little for the carrying on so great a Design That he was a Protestant when he came first to the Prisoner's Service and turn'd Papist about VVhitsontide 1675. and left his Service in good Friendship July the 1st 1678. and turn'd Protestant again in June 1679. when he first made this discovery Mr. Mowbray deposed that he came to lie with Sir Tho. Gascoyne the beginning of 1674. and used to wait upon him in his Chamber and to be diligent in attending Mr. Rushton his Confessor at the Altar who therefore permitted him to be present in his Chamber where he heard him and other Priests discoursing in 1676 of a Design laid for setting up Popery and how likely it was to succeed most of the considerable Papists in England having engaged to act for it and if it could not be done by fair means force must be used declaring that London and York must be fired and that the King in Exile had promised the Jesuits beyond Sea to establish their Religion whenever he was restored which they now despaired of and therefore he was adjudged an Heretick and was to be killed and Rushton told the other Priests that according to Agreement he had given the Oath of Secresy and the Sacrament to the Prisoner and his Son and Daughter who had engaged to be faithful active and secret That about Michaelmas there was another meeting of these Priests and others where they declared that the King was an Heretick and that the Pope had excommunicated him and all other Hereticks in England Scotland and Ireland and that force was to be made use of And then did Rushton produce a List of about 4 or 500 Names of them that were engaged in the Design of killing the King and promoting the Catholick Religion which Rushton read over among which were the Names of the Prisoner Tho. Gascoyne Esq the Lady Tempest Mr. Vavasor Sir Francis Hungast Sir John Savile the two Townleys Mr. Sherborn and others and he knew the Prisoner's Name to be writ by his own hand They declared also that the Pope had given Commission to put on the Design with speed and had given a plenary Indulgence of 10000 Years for all that should act either in Person or Estate for killing the King and setting up Popery in England besides a Pardon and other Gratifications That the Priests that used
Indicted and which was given in Evidence before the Grand-Jury upon the Trial was there grounded To the first the Ed. Ch. Justice reply'd That a Conspiracy was prov'd if the Witnesses speak Truth by his publishing Libels and Pictures to make the King odious and contemptible in the Eyes of the People and his being the Author of some of them and they being found in his Custody To the Second it was answered That the Resolution of the Judges in my Lord Stafford's Case is contrary There being two Witnesses to an Indictment of Treason tho there be but one Witness that proves one Fact which is an Evidence of Treason and another that proves another that is an Evidence of the same Treason tho they be but single Witnesses to several Facts And to the Third it was answer'd in the Affirmative it being any Act of Treason that is of the same kind Then Mr. Colledge being call'd upon to call his Witnesses he express'd himself in a long Speech protesting his own Innocency not doubting to prove this one of the Hellishest Conspiracies that ever was upon the face of the Earth and these the most notorious wicked Men an absolute Design to destroy all the Protestants of England who have had the Courage to oppose the Popish Plot in which no Man of his condition had done more than he had done Declaring that he was bred a Protestant and continued so hitherto and by the Grace of God would die so That he had been concern'd with Persons of Honour and could not be reasonably deem'd such a Fool or Madman as to talk of such things to Papists Priests and Irish-Men who had broke their Faith with their own Party and upon whom he could lay no such Oaths and Obligations That his acquaintance with Haynes began upon a Discovery he made to him how Fitz-Gerald had employed him to setch over Macnamarra to swear against the Earl of Shaftsbury High-Treason as he had done viz. That my Lord should tell Fitz-Gerald that he had a Design to bring this Kingdom to a Common-Wealth and to root out the Family of the Stuarts which he swore was true and a great deal more which he knew and would discover about seizing and destroying the Parliament at Oxford about an Army in the North that was to be raised about the time of the sitting of the Parliament at Oxford Of a French Army that was to land in Ireland at the same time that the D. of York was to be at the head of them and the intention was to destroy all the Protestants Upon this it was that he resolved to come along with the Parliament and if there was any such Design to live and die with them That he was imployed by several Lords and Parliament-Men when the Parliament sat last at Westminster to search under the Parliament House whence he got the Name of the Protestant Joyner And that this Haynes did swear in his Affidavit before Sir George Treby the Recorder of London That there was a Design to destroy the Parliament at Oxford and there was not only his Oath for it but it was the general belief that some Evil was intended them But as for the seizing of the King that he never heard one word of it before he came hither that he knew not of one Man upon the Face of the Earth that was to stand by him and how impossible it was for him alone to attempt it all Men might judge That he hoped to prove these Witnesses suborned complaining of his close Imprisonment Then the First Witness that appear'd for the Prisoner was William Shewin who declared That he was in Turbervil's company on Thursday Night last at the Golden Posts at Charing-Cross and there he heard him say That if he were at Oxford he should hear strange things against Colledge and he would lay ten to one that Mr. Bethel and Mr. Wilmore should be hanged at Christmas and he would lead him by the Gold Chain along Fleet-street and down with his Breeches in the middle of Amsterdam Coffee-House with a Band about his Neck and a Cloak And that one told him there was one that did design to be return'd upon this Jury that was resolv'd to hang Colledge right or wrong Which the High Sheriff acknowledg'd also and that he had therefore left him out for which the Court gave him his due Commendations Then Henry Hickman who had been called before a Cabinet-maker at Holborn-Bridge appeared who declared That he knew Haynes very well he oft coming to his House to a Widow who lodged there a Papist and that therefore he took him for a Priest And that discoursing with his Tenant concerning him she told him that he was a dangerous Fellow though a Papist and that he cared not much what he sweared against any one And that he over-heard him discoursing with his Tenant in her Chamber and saying God dam-me I care not what I swear nor who I swear against for 't is my trade to get mony by swearing Then Elizabeth Oliver was called who only produced a Letter which she affirmed Haynes to have writ in her Father's Name and that he was an ill Man which being judg'd by the Court nothing to the purpose she was dismiss'd And Mrs. Hall was next call'd who declared That Haynes lodged at her House and that he told her enquiring of him about Fitz-Harris's Trial that Madam Portsmouth begg'd of Fitz-Harris upon her Knees that he would try to get Mr. Everard and some others over to make a Presbyterian Plot of it Another time that she heard him speak of a Message he had had from the King to come in and he should have his Pardon And that he read once to her an Advertisement in answer to something Thompson had written against him in his Intelligence which he said he had writ and was then going to get it put into one of the Intelligences it being to this purpose That whereas one Nathaniel Thompson had falsly and maliciously accused one Bryan Haynes for speaking Treasonable Words he the said Bryan Haynes doth declare that he challenges any Man to charge him with it but he owned he had an hand or was employed to put the Plot upon the Dissenting-Protestants Then Mary Richards Mrs Hall's Maid was called who owned the same things affirmed by her Mistress Next Mrs Wingfield whose Daughter Haynes married was call'd who would say nothing of Haynes but what was for his Credit Then Mr. John Whaley was call'd who declared That about 6 Years Ago when Haynes was a Prisoner in the King's-Bench he came down to drink in the Cellar which he had taken of the Marshal and stole a Tankard for which the Marshal removed him from the Master's Side and put him into the Common Side which was all he knew of him Mr. Colledge called next for Mr. John Lun who declared how that about three or four days after the Bill was brought Ignoramns by the Grand Jury upon Mr. Colledge he was
should be any Disturbance for they valued their Riches more than their Cause And at Oxford that he heard my Lord say again He wondred the People of England should stickle so much about Religion if he were to choose a Religion he would have one that should comply with what was apt to carry on their Cause Mr. John Smith deposed That he had often both in publick and private heard the Lord Shaftsbury speak very irreverently and slightly of the King saying He was a weak Man an inconstant Man of no firm or settled Resolution easily led by the Nose as his Father was before him by a Popish Queen which was the Ruin of his Father And that the King should declare That the Earl of Shaftsbury was not satisfied to be an ill Man himself but got over the E. of Essex too And that he was the chief promoter of the Rebellion in Scotland which when it was told him that he should send back word to the King That he was glad that the King saw not his own Danger But if he were to raise a Rebellion he could raise another-guess Rebellion than was that in Scotland One time particularly being sent for to the Lord Shaftsburies expressing his jealousy of the Irish Witnesses being drawn over to the Court-Party and retracting what they had said he order'd him to persuade them from going nigh that Rogue Fitz-Gerald maintain'd by the King and Court-Party to stifle the Plot in Ireland Saying also That when he was in the Tower he told some he saw Popery coming in and that it was hard to prevent it And that if the King were not as well satisfied with the coming in of Popery as ever the D. of York was the D. would not be so much concern'd about it as he was Afterwards having executed my Lord's Order one Mr. Bernard Dennis gave in an Information before Sir Patience Ward Lord-Mayor against Fitz-Gerald that he had tamper'd with him to forswear all he had sworn before the Copy of which Information he brought to the Lord Shaftsbury who when he had read it was very well pleased with it and said Mr. Smith don't you see the Villany of that Man and that factious Party and that the King runs the same steps as his Father did before him for that nothing of this Nature could otherwise be done I says he these are the very Steps that his Father followed when he was led by his Popish Queen and the poor Man doth not see his Danger Another time before the Parliament went to Oxford in discourse my Lord was saying to him That there was great Preparations made and a great many gathered together upon the Road between London and Oxford which he said was to terrify the Parliament to comply with the King's Desire which he was sure they never would for that the King aimed to bring in Popery But said he we have this Advantage of him if he offer any Violence to us for we expect it that we have the Nation for us and we may lawfully oppose him for it has been done in former Times and he will meet with a very strong Opposition for all that come out of the Country shall be well Hors'd and well Arm'd and so we shall be all and as old as he was that he would be one that would oppose to his Power and die before he would ever bring in Popery or any thing of that Nature Then Mr. Brian Haines deposed That he had often heard the Lord Shaftsbury vilify the King And that he and Mr. Ivey going to him one day about the Narrative he made of Sir Edmondbury Godfrey's Death he desired him not to expose his Person to the King's Anger because he was sure he would never grant a Pardon to any Man that impeached the Earl of Danby Says he Do not fear if he does not grant you a Pardon he makes himself the Author of the Plot and says he the Earl of Essex the Lord Maxfield and I we do all resolve if you 'l put in a Writing we will go to the King and beg a Pardon of him for you which if he does not grant we will raise the whole Kingdom against him for he must not expect to live peaceably in his Throne it he doth not grant it and this is the best Pretence we can have in the World we are prepar'd to raise Arms against him And after having heard a Pardon could not be had being begg'd for by the two Mr. Godfries he praying my Lord for a little Mony to help him to go beyond-Sea because he was sure he could not be safe in England My Lord told him the King durst as well be hang'd as meddle with him And one Day he being in Conference and giving my Lord an exact Account of Transactions having been a Traveller he asked my Lord What Model of Government was designed if they pulled the King down Says he Do you think there are no Families in England that have as much pretence to the Crown as any of the Stewarts Says he There is the Duke of Bucks that is descended of the Family of the Plantagenets one of the Edwards by his Mother and in her Right he should have the Barony of Ross and has as good a Title to the Crown of England as ever any Stewart had Then John Macnamarra being sworn deposed That he being with the Lord Shaftsbury after his return from the Parliament at Oxford concerning some Provision for the Witnesses he heard him express himself That the King was Popishly Affected and did adhere to Popery taking the same Methods that his Father before him took which brought his Father's Head to the Block and that they would also bring his thither and that he had told some Persons of Quality that this would fall out five Years before And at the same time that he said the King was a Faithless Man and no Credit was to be given to him and that the Dutchess of Mazarine was of his Cabinet-Council who was the worst Woman-kind And that he deserved to be deposed as much as ever King Richard the Second did Then Dennis Macnamarra deposed That he also heard the Lord Shaftsbury say in March or April in his own House Mr. Ivey being present That the King was not to be believe there was no Belief in him and he ought to be deposed as well a King Richard the Second and that the Dutchess of Mazarine was of his Cabinet-Council and he nothing but by her Consent Then Mr. Edward Ivey deposed That being at my Lord's House soon after the Parliament was dissolved at Oxford he heard him speak against the King saying He was an unjust Man and unfit to Reign and he wondred her did not take Example by his Father before him and that he was a Papist in his Heart and intended to introduce Popery And afterwards being with him with Hains he bid Hains to put what he had to say about the Death of Sir Edmondbury Godfrey into writing
and Riot The Trial of Capt. Thomas Walcot at the Old-Baily London on a Commission of Oyer and Terminer held there for the City of London and County of Middlesex on Thursday July the 12th 1683. THen and there the Prisoner was Arraign'd together with William Hone John Rouse and Capt. William Blague upon an Indictment for High-Treason for conspiring the Death of the King and raising a Rebellion in this Kingdom To which he pleaded Not Guilty with the other three And after some Exceptions the following Jury was Sworn Nicholas Charlton Christopher Pitts Robert Beddingfield John Pelling William Winbury Thomas Seaton William Rutland Thomas Short Theophilus Man John Genew John Short and Thomas Nicholas To whom the Indictment being read Mr. North of Counsel for the King in this Cause opened the same and Mr. Attorney-General Mr. Serjeant Jefferies and Mr. Sollicitor-General opened the Evidence And then Col. Rumsey deposed That about the latter end of October or beginning of November he was sent by the Lord Shaftsbury to Mr. Shepherd's House near Lombard-street to the D. of Monmouth Lord Russel Lord Grey and Sir Thomas Armstrong to know of them what was done about raising Arms at Taunton who told him that Mr. Trenchard had failed them about the Men and they could proceed no further at that time Whereupon the Lord Shaftsbury said there was no dependance upon those Gentlemen and so prepared to be gone for Holland That about a fortnight or three Weeks afterwards there was a meeting at Mr. West's Chamber where was Mr. West Mr. Goodenough Mr. Wade and another where the taking off the King and the Duke was proposed as the surest way and for that end Mr. Ferguson was writ for out of Holland who came over upon that Letter and Capt. Walcot with him upon Ash-Wednesday And they had several meetings about getting a sufficient number of Men and Mr. Goodenough and Mr. Rumbold brought Notes of many Names and Capt. Walcot was then present and undertook to be one of the Men that should help to kill the King at Rumbold's House near Hodsden in Hertfordshire as he should come from New-Market the Saturday before Easter but Capt. Walcot refused to have an hand in attacking the Coach only he would command a Party that should charge the Guards For there was to be several Parties one small Party was to have killed the Postillion another to kill the Horses and Mr. Rumbold with a certain number to seize the Coach and Captain Walcot the Guards but the Fire at New-Market causing the King to return on the Tuesday before Easter they could not have their Men in a readiness and so were disappointed Immediately upon this it was resolved on in another meeting whereat the Prisoner was that Money and Arms should be provided and Mr. Ferguson undertook the raising of Money and Mr. West the buying of Arms therewith and Mr. Goodenough and Mr. Rumbold the providing of Men to be in a readiness against the first opportunity that happened further designing to kill the King as he came from Windsor to London or from Windsor to Hampton-Court or the Play-House and that Mr. West did tell him he did buy Arms and received 100 l. of Mr. Ferguson for them That the Thursday before the Discovery they met at the Salutation in Lombard-street where was Captain Walcot Mr. West Mr. Wade the two Goodenough's Mr. Nelthrop and himself discoursing about the Division of the City into 20 parts 7 of which Mr. Goodenough gave an account of That on the Saturday following they appointed another meeting at the George on Ludgate-hill but the Discovery coming out there met only four of them And the Monday after the Discovery they met again at Capt. Tracy's there being the Prisoner Mr. West Mr. Wade Mr. Nelthrop the two Goodenough's and Mr. Ferguson who exclaimed against Keeling and resolved to be gone Then Mr. Keeling being Sworn related how before the King went to New-Market he was drawn in by Goodenough and provided Burton Thompson and Barber to join in killing the King whom Rumbold encouraged thereto by telling them the conveniences of his House for that purpose being a lone House and having a Court-Wall using this as an Argument That to kill the King and the D. of York would be a keeping one of the Commandments because unless that were done there would be a great deal of Blood-shed committed telling them the way how they designed to effect it as before and if this way failed then there should be Men in the Habit of Countrey-men with a Cart in the Lane who should run the Cart a-thwart the Lane and so stop the Coach That at the Dolphin-Tavern in Bartholomew-Lane where were Rumbold West Goodenough and Hone the Joyner he heard West talking to Rumbold about the King 's returning from New-Market asking him how many Swan-Quills Goose-Quills and Crow-Quills with Sand and Ink he must have To which was answered 6 Swan-Quills 20 Goose-Quills and 20 or 30 Crows-Quills saying that by Swan-Quills was meant Blunderbusses by Goose-Quills Muskets and by Crows-Quills Pistols and by Sand and Ink Powder and Bullets That he was at the Salutation-Tavern in Lombard-street with the Prisoner and others the Thursday before the Discovery where some of them call'd him Gulick there being then a Report of one Gulick that headed a Rising at Cologn Mr. West telling him that Gulick in Dutch was Keeling in English and that he hoped to see him at the Head of as good an Army in Wapping as Gulick was at Cologn which was all he could say as to the Prisoner He gave them a further account how Goodenough gave him 3 Papers of 3 Divisions of the City one for himself and the other 2 for whom he could trust advising him to take 9 or 10 Men to his Assistance who were to ask several Persons Supposing that the Papists should rise or be a French Invasion Are you in a Posture of Defence Which was all they were to communicate and by this means feel them and see how many Men could be raised telling him moreover of a Design to kill the King and the Duke at the Bull-Feast and lay it upon the Papists as a Branch of the Popish Plot and that one was drawing a Declaration to take away the Chimney-Money that so the common People might fall in with them more readily Saying that it was trouble of Mind caused him to make this Discovery which he did to one Mr. Peckham who brought him to the Lord Dartmouth and thence to Mr. Secretary Jenkins Acknowledging himself to be the Person who arrested the Lord-Mayor and that Goodenough did tell him that the Design was to secure the Lord-Mayor and the Sheriffs and the Tower Then Mr. Zachary Bourne depos'd That he came acquainted with the Prisoner by means of Mr. Ferguson who lodg'd at his House That he was at their Meeting at the Dragon upon Snow-hill where the Prisoner was and their Discourse was about a Design of raising and dividing the
was his unhappiness he had no Witnesses to call The Ld. Ch. Justice therefore in a few words summing up the Evidence the Jury presently brought him in Guilty The Trial of Capt. William Blague at the Old-Baily on Friday July 13. 1683. THE Prisoner having been Arraigned the day before and pleaded Not Guilty to an Indictment for High-Treason for conspiring the Death of the King and subversion of the Government was then and there set again to the Bar and making no Challenges the former Jury was sworn viz. Robert Beddingfield John Pelling William Windbury Theophilus Man John Short sen Thomas Nicholas Richard Hoare Thomas Barnes Henry Robins Henry Kemp. Edward Raddish Edward Kemp. To whom the Indictment being read and briefly opened by Mr. North and Serjeant Jefferies Thomas Leigh deposed That the Prisoner in discourse with him and Goodneough about seizing the Tower told them that the only way was to do it with Mortar-Pieces that he would venture his own Ship and provide 200 Men and lay his own Ship on Southwark side and make up his 14 Guns he had already 24 and would undertake once in 20 times to dismount the five Pieces that fac'd towards Southwark-side That he ask'd Goodenough what Mony was provided who answering 40000 l. He answered the Seamen would swallow that up presently to which Goodenough replied there was more provided at any time Mate Lee swore That the Prisoner told him as they were in a Coach together that one of these days they should have a Ball to toss which afterwards he understood by Rouse and Leigh was the Ball that was to be toss'd on Black-Heath That about six Weeks ago Capt. Blague and he walking about the Tower and discoursing of seizing it his way was to scale it but the Captain said the best was to shoot Mortar-pieces on Southwark-side but about the Ship he could say nothing The Prisoner's Defence was That his Business with Rouse was to procure him Mony as being a Broker which brought him sometimes into Goodenough's Company but that he never discours'd about any Publick Affairs and as to the seizing the Tower it was only accidental Discourse And as for his 200 Men it was impossible his Vessel being but a Pink which had been in his Possession but three Weeks and what Arms he had he bought therewith and that he never heard any thing about either a Ball or Bank of Mony Calling his Witnesses Mr. VVright declared That he had waited on the Captain ever since he had been shipp'd and was in his Pay before he had the Ship in possession Robert Chappel Carpenter declar'd The Vessel was not able to do any Service three Weeks ago and that he had been shipp'd four Months and an half to go for New-York One Bellinger the Chirurgeon declared That he had belonged to the Ship seven Weeks and to the Captain before he had a Ship and for Guns belonging to the Ship there were fourteen Saker-Guns of which four were Wooden ones six above Deck and four in the Hold. The Lord Chief Justice then summ'd up the Evidence taking notice to the Jury that these Men belonged to the Captain a great while ago and that there was only one Evidence that did affect him Wherefore the Jury Withdrawing in a short time returned and brought him in Not Guilty THE next day being Saturday July 14. 1683. the Lord Russel Capt. VValcot Mr. Rouse and VVilliam Hone were brought to the Bar to receive Sentence Where the Lord Russel desired to hear his Indictment read in English which was granted and thereupon demanded an Arrest of Judgment because there had been no Evidence of his conspiring the Death of the King as it was in the Indictment but only of levying War But the Verdict being past the Court told him they must go by what the Jury had found and not the Evidence and therefore Sentence was pass'd upon him to be Drawn Hang'd and Quarter'd Capt. VValcot had nothing to say but desired that his Son and some Friends might come and see him Hone had no more to say but begg'd the same favour Rouse insisted on some Disadvantages he had when he came on his Trial and some difference between the Indictment and their Oaths but Verdict being past Judgment was given against them three as against the Lord Russel And upon Friday July 20. following VValcot being drawn to Tyburn in one Hurdle and Rouse and Hone in another and there put into a Cart attended by Dr. Cartwright the Dean of Rippon and the Ordinary of Newgate who urged them much to discover all they knew of the Plot after they had spoke to the People were executed accordingly The next day being Saturday July 21. the Lord Russel having taken leave of his Lady the Lord Cavendish and several others of his Friends at Newgate took Coach with Dr. Tillotson and Dr. Burnet who accompanied him to the Scaffold built in Lincolns-Inn-Fields where he deliver'd his Speech to the Sheriff and after some Preparation he ordered the Executioner after he had lain down a small moment to do his Office without a Sign and so his Head at three blows was severed from his Body and ordered by the Sheriff to be delivered to his Lordship's Friends and Servants as being given them by his Majesty's Favour and Bounty The Trial of Algernon Sidney Esq before the Lord Chief Justice Jeffreys at the King's-Bench Bar at Westminster on the 7th 21st and 27th of November 1683. UPON Wednesday Nov. the 7th 1683. Algernon Sidney Esq was arraigned at the Kings-Bench Bar upon an Indictment of High Treason for conspiring the Death of the King and intending to raise a Rebellion in this Kingdom Which Indictment he excepted against as erroneous several Crimes being put together therein distinct in nature one from another and distinguished by Law offering to the Court a Parchment wherein were his Exceptions to the Bill but it was refused and he sorced to plead which he did at length Not Guilty And then he desired a Copy of the Indictment which was denyed him but upon his Request it was read to him again in Latin and his Trial appointed to be on Wednesday Novemb. the 21st 1683. Then and there the Prisoner again appearing he desired Pen Ink and Paper and that Mr. VVinn and Mr. Gibs might write for him which were granted him and then he shewed the reason he had before to desire a Copy of his Indictment which the Lord Stafford and the other Lords in the Tower had urging it for Law upon the Statute of 46 Edw. 3. But the Court over-ruled it Then the Clerk of the Crown called the Jury and after several Challenges the Jurors were John Anger Richard VVhite VVilliam Linn Lawrence VVood Adam Andrews Emery Arguise Josias Clerke George Glisby Nicholas-Baxter VVilliam Reeves VVilliam Grove John Burt. To whom the Indictment being read Mr. Dolben opened the same and the Attorney General opened the Evidence and then Mr. VVest was called against whom the Prisoner excepted
time coming again he said he knew nothing of this Plot and he was sure had Col. Sidney known any thing he would have told him And that he then telling my Lord he was not safe in his House the Ld. Howard said he had been a Prisoner and he had rather do any thing in the World than be a Prisoner again Then the Ld. Paget declared that seeing the Ld. Howard presently after the breaking out of this Plot he told him he was glad to see him abroad and that he was not concern'd in this Disorder Which he said he took as an injury to him for that his saying so looked as if he were guilty but that he knew nothing of himself or any Body else nor had he seen any Body that could say any thing of him or give him any occasion to say any thing of any Body else Mr. Edward Howard declared That as soon as the Plot broke out the Ld. Howard having a great intimacy with him he expressed a great detestation and surprizing in himself to hear of it and assured great Asseverations that he could neither accuse himself nor any Man living and that he was much concern'd for certain Persons of Quality that they should be so much reflected on or troubled about it And that this he verily thinks my Lord spoke sincerely and that he knew his Disposition so well that if he had had any Guilt upon him be would never have stood his being taken That another time discoursing the Ld. Howard about this Plot which he omitted at the Ld. Russel's Trial by reason of the reproof accidentally given him that it was certainly a Sham even to his Knowledg too black for any Minister of of publick Employment to have devis'd but that it was forged by People in the dark such as Jesuits and Papists and that this was his Conscience And that he consented to Address the King under his Hand to testify his abhorrency of the thing but upon the Lord Russel's being taken this was laid aside That he really believed what my Lord said then was true and were he of this Jury he would not believe what he said now For saying which the Court told him he ought to be bound to his good Behaviour The Prisoner then urged the Mortgage which the Lord Howard acknowledged Mr. Blake then declared that about 6 Weeks since the Ld. Howard sent for him to come and see him and talking then of his Pardon he said he had a Warrant for it and their Word and Honour for it but that he would do nothing in it till he had further order and that he heard nothing of it and could ascribe it to no other Reason but that he must not have his Pardon till the drudgery of Swearing was over The Prisoner then called Mr. Hunt and Burroughs to prove that the Ld. Howard said he could not have his Pardon till he had done some other Jobs but they did not appear Then Grace Tracy declared that the Ld. Howard protested his Ignorance of the Plot and of Colonel Sidney's being concern'd in it Elizabeth Penwick declared to the same purpose and that he desired withal that the Colonel's Plate might be sent to his House for Security for that he was apprehended through Malice Then one Mr. Wharton stood up and offer'd to the Court that if the sheets might be shewn him he would undertake to imitate them in a little time that they should not know which was which It being the easiest Hand that ever he saw in his Life Then the Prisoner proceeding in his Defence urg'd the Statute upon which he was Indicted as consisting of 2 Branches which were confounded in his Indictment together though they were distinct species of Treason And that the business of Aaron Smith was only conjecturally and implicitly sworn And the Papers were imperfect and had been writ many Years and never publish'd and could have no concatenation with the Select Council which the Ld. Howard had sworn though selected by no Body urging how unlikely it was for a War to be rais'd by 6 Men not knowing nor trusting one another the Ld. Howard putting such things upon them as were impossible for any one to do that had but the sense of Porters and Grooms The Solicitor General then summ'd up the Evidence making the Ld. Howard and his Papers two very good Witnesses against him Then the Ld. Ch. Justice declared his Charge to the Jury who withdrew for half an hour and then brought the Prisoner in Guilty And upon Monday November the 26th being set to the Bar the Prisoner pleaded that he conceived he had had no Tryal for that some of the Jury were no Free-holders and were not summon'd by the Bailiff but were agreed upon by the Under Sheriff and others desiring the Indictment might be read again which was done and then he urged it was void because it depriv'd the King of his Title of Defensor Fidei which was Treason by the Law Urging that there was no Treason in his Papers and desiring the D. of Monmouth might be sent for to testify if there were any such thing as a Design c. complaining that his Evidence had not been rightly summ'd up and appealing to God and the World he not being heard After which the Ld. Ch. Justice pronounced Sentence upon him to be Drawn Hang'd and Quartered c. Upon which Col. Sidney cry'd out Then O God O God I beseech thee Sanctify these Sufferings unto me and impute not my Blood to the Country nor the City through which I am to be Drawn let no inquisition be made for it but if any and the Shedding of Blood that is Innocent must be revenged let the weight of it fall only upon those that maliciously Persecute me for Righteousness sake Whereupon the Ld. Ch. Justice told him he pray'd God fit him for another World for he saw he was not fit for this But the Prisoner holding out his Hand bid his Lordship feel his Pulse and fee if he was disordered blessing God he never was in better temper than he was now On Friday December the 7th following his Sentence being mitigated by his Majesty's Grace and Favour he was brought from the Tower to a Scaffold on Tower-Hill where after a short Preparation he was beheaded by the Common Executioner The Trial of John Hambden Esq before the Lord Chief Justice Jeffries at the King's-Bench Bar at Westminster on Wednesday February 6 1683. ON Wednesday November 28th 1683. John Hambden Esq was Arraigned at the King's-Bench Bar upon an Indictment of High Misdemeanour for contriving and practising to disturb the King's Peace and stirring up Sedition in the Kingdom To which having pleaded Not Guilty and Issue being joyned Bail was taken for his appearing the next Term. Accordingly on Wednesday Feb. 6th following the Defendant appeared and the Jury were impannel'd Joshua Galliard Esq and Mr. Richard Shoveditch were challeng'd by Mr. Williams of Counsel for the Defendant because they were both
Mr. John Wright but with Patience we must submit to the Almighty who can as well raise up Instruments to do his Work as change Hearts of which we have so great an Instance in the business of the D. of Monmouth that no Age or History can parallel I am now throughly satisfied that what was printed in the Mondays Gazet is utterly false and you will see it publickly so declared shortly The King is never pleased but when he is with him hath commanded all the Privy Council to wait upon him and happy is he that hath most of his Favour His Pardon was sealed and delivered to him last VVednesday 'T is said he will be restored to be Master of the Horse and be called into the Council Table and to all his other places And 't is reported he will be made Captain General of all the Forces and Ld. High Admiral c. He treats all his old Friends that daily visit him with great Civilities they are all satisfied with his Integrity and if God spares his Life doubt not but he will be an Instrument of much good to the King and Kingdom He said publickly that he knew my Ld. Russel was as Loyal a Subjects as any in England and that his Majesty believed the same now I intend shortly to wait on him my self It would make you laugh to see how strangely our high Tories and Clergy are mortified their Countenance speak it Were my Shesorary to be moved for now it would be readily granted Sir George is grown very humble 'T is said Mr. Sidney is reprieved for 40 days which bodes well Mr. Kedder sat with me sometime this Evening There being no more in the Record The third Letter was then read which was directed for Mr. Edward Gael Linnen-Draper at Ipswich and dated Decemb. the 1st 1683. Mr. Gael This Evening Mr. Kedder came and sat with me when I acquainted him what you and others writ me in reference to himself as also of the Death of Mr. Wright which he was sorry for He protested if he could perswade his Wife he would accept of Ipswich choice notwithstanding all the Discouragement he had met with One more he acquainted me with that had seen a Letter from Mr. Cutliffe to Dr. Clegat extreamly discouraging him from coming to Ipswich where if he did come said would find himself mistaken for that would never enjoy Quietness or Peace notwithstanding his Balsamick Temper c. as he call'd it These things frights Mr. Kedder who I am now perswading so soon as he is up again to go down for a Month or two and then if he doth not like the Place and People he may return hither again This I resolve to press hard on Monday when have promised to dine with me as also Mr. Hodges Be confident I shall think nothing too much to effect this Business though one or other still pulls down as fast as I build up Here is now a door of Incouragement opened for sober Men to come into publick Employment You will undo the Town of Ipswich if you bring not sober Men into play For God's sake consider of it Perswade Mr. Snelling or some sober Men to come in their two Ports-mens places void for other matters I refer you to Sir P. The late change here in publick Affairs is so great and strange that we are like Men in a Dream can hardly believe what we see and fear we are not fit for so great a Mercy as the present Juncture seems to promise The E. of Macclesfield is bringing Actions of Scandalum Magnatum against all the Grand Jury-Men that indicted him at last Assizes And the several Gentlemen that were indicted in Cheshire and Northamptonshire will bring their several Actions at Law against them Acquaint Mr. Snelling we received the two Barrels of Oysters and two couple of Ducks and desire him to take Mony of Buckle for them I rest Yours c. The 4th Letter was directed to Mr. William Cavell at Brightwell near Ipswich in Suffolk and dated London Decemb. the 4th 1683. Only that part of it was read which was in the Record and that was this Contrary to most Mens Expectations a Warrant is signed at last for beheading Col. Sidney at Tower-hill next Friday Great Endeavours have been used to obtain his Pardon but the contrary party have carried it which munch dasheth our hopes but God still governs Acquaint Buckle here is no News of Crafton Hoy notwithstanding the Wind is fair 't is his Practice always to loiter by the wap I rest Your Loving Friend c. To this Mr. Williams of Counsel for the Defendant pleaded that the Letters had no name to them nor was there any Proof of their being published no more than that Sir Samuel did not deny the publishing of them and own'd they were sent to the Post-house winch being directed to a private Friend he left to the Judgment of the Court whether that was publishing a Libel That there was no malice proved to which the Ld. Ch. Justice replied that the thing was Evidence it self c. Then Mr. Williams observed that Records had been mention'd in the Information but not prov'd which not being in Court they were sent for and the Jury were set by the Court going oâ— in some other Causes and about an hour 〈◊〉 half after the Records were brought and tâ—â— Cause was resumed and Mr. Tindal being sworn put in the Records of the Attainder of the Ld. Russel and Col. Sidney part whereof was read and the Counsel for the Defendant having no more to say the Ld. Ch. Justice summ'd up the Evidence with great Bitterness declaring the Letters were factious seditious and malicious and as base as the worst of Mankind though he had all the Provocation that ever could be given a Man to libel another could ever have invented And that they tread very near upon the Borders of High-Treason it self Calling it Cozen-German to High-Treason c. After which the Jury laid their Heads together in the place where they stood and being presently after agreed upon their Verdict The Foreman gave it in That the Defendant was guilty of the Misdemeanour charged on him by the Information The Sentence of Court was That he should pay to the king a Fine of 10000 l. and find Sureties for his good Behaviour during Life and to be committed till the same be performed Proceedings in the Court of King's-Bench against Mr. James Hollaway April 21. 1684. JAmes Holloway of ' Bristol being fled out of England was Indicted for High-Treason for Conspiring the Death of the King and subversion of the Government c. And not appearing to Answer the Indictment was thereupon outlawed and being discovered by his Factor at Nevis to whom he had written about his Effects there was taken at St. Estatia one of the Caribbe Islands by the Deputy-Governour of St. Christophers and sent into England and there Committed to Newgate and upon Monday the 21st of April
upon Mr. Cornish questioning him about his owr and Mr. Bethel's Elections charging the Reason of his being Elected the second time to be because he had not taken the Sacrament and Corporation-Oath exposing him as an intruder into that Office to disturb the Government and as if that was it that was designed now again by this Election of the Defendant But said he do you think the Government will ever suffer it self to be sniveled at and overthrown by a Company of such whining Fellows And do you think to sham People into Offices No I tell you Villany was the Foundation of it and Knavery the Superstructure and it is high time it should be told out since I hear some People begin to doubt of it as a Question Then calling Bethel and Cornish Rascals he said they qualifi'd themselves for an Office only to put the Kingdom into a Flame and that the City was in great happiness and quiet ever since the late times of Rebellion and Confusion till such time as a couple of busy Fellows came to get into the publick Offices And let the whole Party said he go away with that in their Teeth and chew upon it if they will Then Mr. Serjeant being sworn deposed That he being present at Mr. Cornish's house when Mr. Papillon and Mr. Dubois were there he heard them give Mr. Goodenough the fame Orders about treating my Lord Mayor decently as Mr. Cornish had before deposed Then to shew the fair proceedings of the Defendant in the Action Mr. Baker was called and deposed That Mr. Aston telling him he appeared for Sir William Pritchard and had a Declaration from Mr. Papillon's Attorny he entred up a Discontinuance and paid the Costs and had Mr. Aston's receipt for them Then Mr. Ward offer'd that apprehending themselves really chosen Sheriffs they did in a due course of Law sue forth their Mandamus directed to the Plaintiff and the Aldermen and to which there was a Return made both which were then read in the Court and then Mr. Williams offer'd to shew the Reasons why they thought this Return false and thereupon brought their Action And therefore Mr. Gilbert Nelson Mr. William Wightman and Mr. Leonard Robinson were all call'd and sworn Mr. Nelson deposed that he was at the Common-Hall on Midsummer-day 1682 where there was in Nomination for Sheriffs he that is now Sir Dudley North Mr. Box Mr. Papillon and Mr. Dubois that he did see the Poll-Books after they were cast up and the greatest number was for Mr. Papillon And that upon holding up the Hands most in his Judgment were for Mr. Papillon and the Sheriffs gave it for Papillon and Dubois Mr. Wightman deposed That he then did take the Pole in one of the Books and that there were 2400 and odd for Papillon and Dubois Mr. Robinson deposed that he was then also at the Common-Hall and that by the Hands he judged the Majority was much more for Papillon and Dubois than for the other two That a Poll was demanded and granted and in the Evening after the Poll was closed the Books were numbred up and the Sheriffs came down upon the Hustings and declared above 2000 for Papillon and Dubois and some hundreds under for the other two Then here the Counsel for the Defendant declared they would leave it unless further occasion should be given them Then Mr. Attorney-General for the Plaintiff pleaded that the Defendant had not at all proved any probable Cause for his Action for that this matter contended for which was the Shrevalty an Office of Burthen Hazard and Charge could never be a good ground to bring an Action for and that he could have no Title to that Office his Election which was by the Poll being illegally managed by an usurp'd Authority and the Instruments made use of to bring about this Action such as Goodenough and the Cabal at Russel's of 30 or 40 Rioters most of them in the Proclamation proscribed as Traitors and run away from Justice upon the Discovery of the Plot speaking the worst of malice To which Mr. Sollicitor-General added that that Poll by which he supposed his right to the Office was illegal and therefore could afford him no probable Cause for an Action And to prove it so Mr. Town-Clerk was sworn who deposed that he never knew a Poll for Sheriffs till about 5 or 6 Years ago and it was between Mr. Jenks and Sir Simon Lewis and that it was by the direction of the Lord Mayor and the Sheriffs are but Officers and not the Judges and Managers of the Poll without the Lord Mayor's direction Then Serjeant Maynard did plead for the Defendant that however the listing up of 2000 hands might well make him apprehend himself as chosen and that there lay the cause of his Action and his suing for so troublesome an Office might be objected to the prudence of Mr. Papillon but could prove nothing of Malice in him And though the Attorny he made use of was a bad Man yet that did not make all his Clients bad And therefore he lest it to the Jury the Probability or Malice of the Action with the Damages the Plaintiff could possibly have sustained thereby Then Mr. Williams pleaded the doubtfulness of the Question notwithstanding what the Town-Clerk had deposed concerning the right of managing Polls and that therefore they might easily be mistaken and that they brought their Action to try the Right but afterwards conceiving they were out and had no Right they discontinued and desisted and that thus they would leave it with the Jury Then Mr. Ward remembering that Mr. Attorny General did challenge the Defendant to shew that his Action was brought by Advice of Counsel Mr. Baker was called again who deposed that it was by the Advice of Mr. Thompson Mr. Pollixfen and Mr. Wallop Then both sides having nothing more to say the Ld. Ch. Justice directed the Jury in a very long and virulent Speech shewing the improbability of the Cause of the Defendants Action from the Sheriff's having no Power to manage the Poll and the Malice of it from these Circumstances attending it As. 1. for a Man to sue to be Sheriff looks somewhat extraordinary as if he had a mind to do somewhat unusual in his Place especially when a Man has fined for the Office once before as Mr. Papillon did And it is a thing was never known till these unhappy times 2. That for several years last past the Government hath been beset and the Methods of Justice corrupted and all to serve the main Design of subverting the Government by Fellows getting into Office that were obnoxious to the Government and known Dissenters who never thought of conforming but only to capacitate themselves to destroy the Government by packing Ignoramus Juries so that Men took Oaths only to sanctify Villany and Traitors at the Bar were in less danger of being convicted of their Treasons than the Judges were of their Lives And that these things never were till
Meetings was upon the account of carrying on the Conspiracy and discoursing about the Condition the Conspirators were in As to the intended Insurrection he said If he could but see a Cloud at big as a Man's Hand he would not be wanting to employ his Interest That the Prisoner also had told him that he intended to take an House near the Tower to place Men in in order to surprize it to that end he held correspondence with some Sea-Captains and that he had been with them at Coffee-Houses Mr. Richard Goodenough deposed That being in company with the Prisoner he had heard him approve of the Design and promise to use his Interest in raising Men and not only to be assisting in the Division allotted him but in surprising the City Savoy c. and in driving the Guards out of Town Then the Prisoner called several Witnesses to invalidate Lee's Testimony Sir Robert Adams testified to a false Report of his about beating three Knights Sir Simon Lewis was called to the same purpose but appeared not James Child could say nothing but that Lee was an Honest Man One Baker was also call'd to testify that Lee would have suborned him against the Prisoner to his Prejudice some Years since of which he had made Affidavit before Sir William Turner But Baker not appearing Sir William Turner was desired to give account of it but it being above two Years since he could not remember such Particulars His Clerk Mr. Tomkins remembred such an Affidavit was made in 1682 which mention'd Mr. Lee but to the best of his remembrance it was returned before the King and Council and he could not give any account of the Particulars Mr. Bateman then desiring to know upon what Statute he was Indicted and being assisted by his Son by reason of his Incapacity making little more Defence the Ld. Ch. Justice of the King's-Bench summ'd up the Evidence and other Prisoners were tried and just before the Jury went out the aforesaid Baker being found with much ado it was obtain'd that he should give in his Evidence which was That Lee perswaded him to intrude himself into the Prisoner's Company and some others and to discourse of State-Affairs by which means he would find a way to make him a Man of which he had made Affidavit before Sir William Turner But this the Court interpreted to Lee's Advantage as if he only thereby designed to make a discovery of the Plot and so have got a further Evidence to corroborate his own reflecting on Baker as a broken Fellow c. After which the Jury withdrawing for half an hour brought the Prisoner in Guilty And accordingly he being brought again to the Bar on Friday following Mr. Recorder sentenc'd him to be Drawu Hang'd and Quarter'd which was executed upon him at Tyburn on Friday Decemb. 18th following The Trial of John Hambden Gent. At the Session's-House in the Old-Baily on Wednesday Decemb. 30. 1685. THen and there the Prisoner appearing and the grand Jury for the County of Middlesex call'd over his Indictment was read which was for High-Treason in conspiring the Death of the late King and raising a Rebellion in this Kingdom To which before Mr. Hambden pleaded he intimated his having been tried for the same Fact above two Years ago and withal gave the Lord Chief Justice to understand that he thought he had as much to say in Point of Law for himself as any Prisoner that ever came before him but that he was resolved to pass by all Pleas whatsoever and cast himself wholly upon the King's Mercy The Lord Chief Justice told him his former Indictment was for High-Misdemeanour but this for High-Treason and therefore a different Fact requiring him therefore to plead Then he pleaded Guilty to the Indictment requesting his Lordship's Intercession for him with the King Which was readily enough granted and the Method he was perswaded to take highly approved as answering the Design of giving Life and Credit to the Fanatick Rlot and gratifying the Importunity possibly of some Great Ones However the dismal Sentence of Death was by Mr. Recorder pronounced upon him due to High-Treason yet not without a shew of Tenderness and some encouragement of an Obligation this brave Person had hereby merited with them This getting a Pardon when nothing else must Books lately Printed and Sold by Jonathan Robinson at the Golden Lion in St. Pauls Church-yard relating to the great Revolutions in England and Scotland 1688 1689. ☞ AN Account of the Reasons of the Nobility and Gentry's Invitation of the Prince of Orange into England Being a Memorial from the English Protestants concerning their Grievances with a large account of the Birth of the Prince of Wales presented to their Highnesses the Prince and Princess of Orange A Collection of Political and Historical Papers relating to the wonderful Revolutions in England and Scotland in 12 Parts from the time of the seven Bishops petitioning K. James the 2d to the Coronation of K. Willian and Q. Mary A Brief History of the Succession of the Crown of England c. Collected out of the Records and the most Authentick Historians written for the Satisfaction of the Nation Wonderful Predictions of Nostredamus Grebner David Pareus and Autonius Torquatus wherein the Grandeur of their Present Majesties the Happiness of England and Downfall of France and Rome are plainly Delineated With a large Preface shewing That the Crown of England has not been obscurely foretold to their Majesties William the 3d and Queen Mary late Prince and Princess of Orange and that the People of this Ancient Monarchy have duly contributed thereunto in the present Assembly of Lords and Commons notwithstanding the Objections of Men of different Extremes A Seasonable Discourse wherein is examined what is lawful during the Confusions and Revolutions of Government especially in the Case of a King deserting his Kingdoms and how far a Man may lawfully conform to the Powers and Commands of those who with Various Successes hold Kingdoms Whether it be lawful 1 In Paying Taxes 2 In personal Service 3 In taking of Oaths 4 In giving up himself to a final Allegiance A Seasonable Treatise wherein is proved That King William commonly called the Conqueror did not get the Imperial Crown of England by the Sword but by the Election and Consent of the People To whom he swore to observe the Original Contract between King and People An Answer to a Paper Intituled The Desertion Discussed being a Vindication of the Proceedings of the late Honourable Convention in their Filling up the Throne with King William and Queen Mary An Exact Collection of the Debates of the House of Commons particularly such as relate to the Bill of Exclusion of a Popish Successor c. held at Westminster Octob. 21. 1680 Prorogued the 10th and Dissolved the 18th of January following With the Debates of the House of Commons at Oxford Assembled March. 21. 1680. Also a Just and Modest Vindication of the Proceedings of the said