six more of the honourable and most valuable Gentlemen of that County p. 268. Heads of Informations before the House of Lords about the Murders of my Lord Russell Col. Sidney Sr Tho. Armstrong Mr Cornish c. p. 273. An Account of Charters Dispensations and Pardons passed between October 1682 and the late King's Abdication p. 312. Copies of some Papers relating to the fore-going Informations p. 316. Copy of Colonel Sidney's Plee p. 320. The Names of the Grand and Petty Juries return'd upon my Lord Russell p. 324. The Grand and Petty Juries return'd upon Alderman Cornish and Mrs Gaunt p. 328. The Pannel of Jurors returned upon Colonel Sidney p. 331. The solemn dying Declarations of seven Persons executed for the Conspiracy against the Life of King Charles the second and the Duke of York p. 335. REMARKS Upon the Tryal of Mr Laurence Braddon Mr Hugh Speke Upon an Information about the matter of the Murder of the late Right Honourable Arthur Earl of Essex THis Excellent Person and right Noble Peer the Earl of Essex did to say no more equal the best and most deserving of his Contemporaries in zeal and resolution steadily to assert and defend our Religion Laws and Liberties in the day in which they were most highly threatned and most dangerously invaded His Lordship and that sure and never shaken Friend to the right English Government and to the Interest of his Country His Grace the Duke of Bolton then Marquess of Winchester were usually if not always in the Chaire of the secret Committees of the House of Lords which inspected the business of the damnable Popish Plot and which was a Consequent of it the horrid Murder of Sr Edmundbury Godfrey who was made the first Sacrifice to the Popish rage for prying into that Arcanum His Lordship the Earl of Essex added also greatly to his Crimes in being Chaire-man of that Committee of Lords which prepared matters for the Tryal of that great Conspirator Colman the Duke of York's Minion and Secretary And he contracted a further and never to be forgiven Guilt in that soon after the astonishing dissolution of the Parliament in January 1680 and the King's Declaration of his Resolution to hold the next Parliament upon the 21st of March 1680 at Oxford several Noble Lords agreed upon a Petition to advise the King against that Resolution and their Lordship 's pitched upon the Earl of Essex to present it as he did upon the 25th of January 1680 and then made a Speech to his Majesty which deserves eternal Remembrance it was to this effect ☞ That the Lords there present with other Peers observing how unfortunate many Assemblies have been when called remote from London particularly the Congress at Clarendon in Henry the second 's time Three Parliaments at Oxford in the time of Henry the third and the Parliaments at Coventry in Henry the sixth's time with divers others which have proved fatal to those Kings and brought great mischief on the Kingdom And considering the Jealousies and Discontents amongst the People They apprehended the consequences of a Parliament at Oxford might be as fatal to the King and the Nation as those were to the then Reigning Kings and therefore they conceived they could not answer it to God to his Majesty or to the People If they being Peers should not offer him their advice to alter that unseasonable resolution The Petition was to this effect That whereas the King by Speeches and Messages to both Houses had rightly represented the dangers threatning his Majesty and the Kingdom from the Plots of the Papists the sudden growth of a Foreign Power which could not be stop'd unless by Parliament and an Vnion of Protestants That the King in April 1679 having called to his Council many honourable and worthy Persons and declared that being sensible of the evil Effects of a single Ministry or private Advice or foreign Committee for the direction of Affairs That he would for the future refer all things unto that Council and that by their constant advice with the frequent use of the Parliament he was resolved hereafter to Govern They began to hope to see an end of their Miseries But They soon found their expectations frustrated and the Parliament dissolved before it could perfect what was intended for their relief and security And tho' another was called yet by many Prorogations it was put off to the 21st of October past That though the King then acknowledged that neither his Person nor the Kingdom could be safe till the Plot was gone thorow yet the Parliament was unexpectedly prorogned on the 10th of January before any sufficient Order could be taken therein That all their just and pious endeavours to save the Nation were overthrown The good Bills they had been industriously preparing to unite Protestants brought to nought The Witnesses of the Plot discouraged Those foreign Kingdoms and States who by a happy Conjunction with us might check the French Power disheartned even to such a despaire as may induce them to take Resolutions fatal to us The strength and courage of our Enemies both at home and abroad encreased And our selves leftin the utmost danger of seeing our Country brought into utter Desolation That in these Extremities they had nothing under God to comfort them but the hopes that the King touch'd with the Groans of his perishing People would have suffered the Parliament to meet at the day to which it was prorogued and no further interruption should be given to their Proceedings in order to the saving the Nation But that that failed them too for the King by the private suggestions of Wicked Persons Favourers of Popery Promoters of French designs and Enemies to the King and Kingdom * Innuendo Some Body their Names are even at this day worth the knowing lest any of them should creep into their present Majesties Councils without the Advice against the Opinion of the Privy-Council dissolved that Parliament and intended to call another to sit at Oxford where neither Lords nor Commons could be in safety but would be exposed to the Swords of the Papists and their Adherents of whom too many were crept into the Guards That the Witnesses against the Popish Lords and Impeached Judges could not bear the charge of going thither nor trust themselves under the Protection of a Parliament that is it self evidently under the power of Guards and Souldiers The Petitioners out of a just Abhorrence of such pernicious Council which the Authors dared not to avow and their direful apprehensions of the Calamities and Miseries that may ensue thereupon Most humbly prayed and advised That the Parliament might not sit at a place where it would not be able to act with that freedom which is necessary but that it might sit at Westminster This Petition was signed Monmouth Kent Huntington Bedford Salisbury Clare Stanford Essex Shaftesbury Mordant Eure Paget Grey Herbert Howard Delamer This humble Application and most necessary and seasonable Advice found
of Vices and is a prophane lewd debauchee This Keeling is brought in as the first Witness against Mr Bateman tho' his Evidence touch'd him no more in Law than it did every of the Jury-men and it is remarkable Page 1. c. of the true Account c. that in the four Informations which he at several times gave in to Jenkins Mr Bateman is not so much as once named and yet we here find Keeling a witness against him The fore-mentioned bitter and malitious History doth likewise present us at large Page 34. of the true Account c. as it did Keeling's with the Information of Lee the dyer against Mr Bateman therein Lee swears that he told Mr B. a story he had from Goodenough of our Rights and Priviledges being invaded and that some Gentlemen had taken into consideration how to retrive them c. That Mr Bateman thereupon told him he must have a care and speak at a great distance that he was willing to assist if he could see but a Cloud as big as a Man's hand And that Mr B. told him that the Duke of Monmouth told him the said Mr B. that he was glad that he came acquainted with those Protestant Lords and that Mr B. assured Lee that the Duke was very right for the Protestant Interest and that we need not mistrust him And Lee added in that Information That Goodenough told him that they must seize the Tower and take the City and secure the Savoy and Whitehall and the King and the Duke The Case as to poor Mr Bateman was much altered between the time of Lee's giving the foregoing Information and this Tryal for at first the managers were for hanging Goodenough of whom the Author of the True Account pag. 55. saith that he with monstrous Impiety maintained and recommended the Murder of the King and the Duke as a pious design and a keeping of one of the ten Commandments and the best way to prevent shedding Christian Blood rather than Bateman and to that end Lee's main force was then bent against Goodenough but now it being found that Goodenough and the City Juries of that day could hang Alderman Cornish and Bateman and also Sr. Robert Peyton could they have catcht him the story of a Cloud as big as a man's Hand is expatiated and breaks in a dreadful storm upon Mr B. That of the Duke of Monmouth's being right for the Protestant Interest is now mightily improved and Bateman made to have said The Duke would engage in the business and had Honses in readiness c. And that he the said Bateman would take an House near the Tower in order to surprize it c. As matters were at first concerted the Evidence ran thus Goodenough told Lee that they must seize and secure the Tower the City the Savoy Whitehall the King and the Duke Now Lee swears and Goodenough backs him in it that all this discourse of seizing and securing c. proceeded from Mr Bateman To conclude the whole was a hellish Contrivance to destroy the most valuable men of the Age and with them the Protestant Religion and the wicked History I have mentioned is a lying most malitious Libel upon the great and noble Names and Families of the D. of Monmouth the Earls of Bedford Leicester Essex Shaftesbury Argyle and others and also upon the present learn'd Bishop of Salisbury and therefore seeing that Author doth not unwrite it 't is pitty that 't is not condemned to be burnt by the hands of the Common-Hangman And should it receive that deserved Sentence the Executioner is hereby advertised that he may find the Book in Custody unless escaped since the Prince of Orange's Landing and also in Irons it being affixed very fairly bound with a Chain not far from Newgate at Sadlers Hall with an Inscription on the Title Page The Gift of Mr Nott of the Pall Mall Remarks upon the Tryal of the Right Honourable Henry Lord. Delamere upon the 14th Day of January 1685. Before the Lord Jeffryes Lord High Steward on that occasion SOon after the defeat of the Duke of Monmouth in the Year 1685 a Proclamation was issued requiring my Lord Delamere to render himself which his Lordship accordingly did and upon the 26th of July 1685 the Earl of Sunderland Secretary of State committed him to the Tower for high Treason The Parliament sitting in November following the House of Lords began to enquire into his Lordship's case but were quickly after prorogued to the 10th of February following and never sate more The County Palatine of Chester did at that time furnish the Conspirators with as good Juries as could be pack'd in the City of London by Sr John Moore 's Sheriffs as is well known to the right honourable the Earl of Macclesfield my Lord Delamere Sr Robert Cotton and many other eminently deserving Patriots of Cheshire Thither was a Commission of Oyer and Terminer speeded and an Indictment was preferred against his Lordship before Sr Edward Lutwich Chief Justice of Chester and the Bill was readily found against him by a well prepared and instructed Grand-Jury Thereupon his Lordship was brought to Tryal before the Lord Jeffryes High Steward and the following Peers viz. Laurence Earl of Rochester Lord high Treastrer of England Robert Earl of Sunderland Lord President of the Council Henry Duke of Norfolk Earl Marshal of England James Duke of Ormond Lord Steward of the Houshold Charles Duke of Somerset Christopher Duke of Albemarle Henry Duke of Grafton Henry Duke of Beaufort Lord President of VVales John Earl of Mulgrave Lord Chamberlain of the Houshold Aubery Earl of Oxford Charles Earl of Shrewsbury Theophilus E. of Huntington Thomas E. of Pembrooke John E. of Bridgewater Henry E. of Peterborow Robert E. of Scarsdale William E. of Craven Richard E. of Burlington Lovis E. of Feversham George E. of Berkley Daniel E. of Nottingham Thomas E. of Plymouth Thomas Viscount Fanconberg Francis Viscount Newport Treasurer of the Houshold Robert Lord Ferrers Vere Essex Lord Cromwell William Lord Maynard Comptroller of the Houshold George Lord Dartmouth Master General of the Ordnance Sidney Lord Godolphin John Lord Churchill Who being called over and appearing the High Steward began thus My Lord Delamere you stand indicted of High Treason by a Bill found against you by Gentlemen of Great Quality and known Integrity within the County Palatine of Chester the place of your residence and the King has thought it necessary to order you a speedy Tryal My Lord if you know your self innocent do not despond A Complement which Jeffryes never put upon any Man before For you may be assured of a fair and patient hearing and a free liberty to make your full defence He then ordered the Indictment to be read which was to this effect viz. That my Lord D. as a Traytor against King James the second the 14th of April last conspired with other Traytors the deposing and death of the King and did
Girl to be more than a Match for her first Assailant falls in to his aid and first bellows out a terrifying Exclamation Blessed God! What an Age do We live in That the King 's Learned Council with all their Cunning cannot confound these innocent honest Infant Witnesses and then taking up the same Dialoguing Cudgel falls roundly upon the Girl thus Chief Justice Girl you say you did not know that 't was the Earl of Essex's Window Girl No but as they told me Chief Justice Nor you did not see any body take up the Razour Girl No. Chief Justice But are you sure you did not Girl I am sure I did not Chief Justice But Child recollect thy self sure thou didst see some body take it up Girl No I did not The Goliah thus miscarrying Mr Braddon proceeded in his Evidence and called the Girl 's Aunt Mrs Smyth who witnessed that the Girl coming from the Tower upon the 13th of July told her that she saw a Razour thrown out of a Window and that Mr Braddon hearing of it came as a Stranger to enquire about it and ever encouraged the Girl to speak the truth and bad her speak nothing but what was truth and that he never offered her or the Girl any thing Mr William Glasbrooke testified That upon the 13th of July he heard the Girl very loud with her Aunt saying the Earl of Essex has cut his Throat in the Tower and that her Aunt chiding her she said she was sure it was true for she saw a bloody Razour thrown out of the Window and that he the said Witness was present when Mr Braddon first discoursed the Girl having never seen him before and he heard her tell Mr Braddon that the Earl of Essex cut his Throat and that she saw a bloody Razour thrown out of the Window and that she heard two Groans or two Shriekes Then Mr Smyth being called by Mr Braddon testified that he went with Mr Braddon to the Girl and heard her tell him that she saw an hand toss a Razour out at the Earl of Essex's Lodgings and that she heard two Shriekes and saw a Woman come out with White head-Cloathes but did not see any one take up the Razour Mrs Meux was then produced by Mr Braddon to testifie that she went from London to Berk-shire the day before the Lord Russell's Tryal and that a Gentlewoman in the Coach with her then told her that one of the Lords in the Tower had cut his Throat At this the quondam City Mouth storm'd and huff'd at his wonted rate refusing to hear the Evidence and demanding why they brought not the Woman which told this to Mrs Meux and was answered that she was so big with Child that she could not come Mr Burgesse of Marlborough then testified that he being at Froome in Dorset-shire upon the day of the Earl of Essex's death he heard there a Report that his Lordship had murdered himself Then the King's Council produced the Coroner's well instructed Witnesses to prove that this Noble Peer was Felo de se who were Bomency his Lordship's Servant now in France and a professed Papist Hawley and Russell the Warder and Lloyd the Centinel Now because the Depositions of these Fellows will appear in their most true and best light in the Abstract of some of the proofs made about this most barbarous Assassination which with the leave of the candid and ingennons Abstracter thereof I purpose to subjoyn I shall not here enlarge upon them The Evidence on both sides being given in the last place comes Jeffryes to descant and remark upon it which he did in an harangue which makes six leafs in Folio half as many as the Acts of all the Parliaments in the Reign of Charles the Martyr do fill in our Statute Book He tells the Jury That there is scarce in nature a greater crime than this before them It carries all the Venome and Baseness the greatest Inveteracy against the Government that ever any Case did That the Earl of Essex rather than he would abide his Tryal he being conscious the great Guilt he had contracted made him destroy himself immediately after my Lord Russell one of the Conspirators was carried to Tryal and it cannot be thought but it was to prevent the methods of Justice in his own Case there was digitus dei in it and 't is enough to sati fie all the World of the Conspiracy 'T is beyond all peradventure true that my Lord of Essex did minder himself Then the Jury by their Verdict brought in Mr Braddon Guilty of the whole matter charged upon him in the Information and Mr Speke Guilty of all but conspiring to procure false Witnesses The Court adjudged Mr Braddon to pay 2000 l. Fine to find Sureties for good behaviour for Life and to be committed till performed Mr Speke to pay 1000 l. Fine to find Sureties for good behaviour for Life and to be committed till performed An Abstract of some material Proofs which have been made in Relation to the Death of the Earl of Essex First for disproof of the Earl's Self-Murder THE Right Honourable Arthur late Earl of Essex was Committed to the Tower upon Tuesday the 10th of July 1683 and there were two Warders placed over him viz Monday and Russell and one Servant viz. Paul Bomeney was permitted to attend upon him The very next Friday Morning about nine of the Clock his Lordship was found dead in his Closet with his Throat cut through both Jugular Arteries to the Neck-bone Now seeing our Law presumes every Man destroyed by violent Hands is murdered by others unless such Evidence appears as gives satisfaction in the contrary and proves him a Self-Murder This Lord had been found to be barbarously murdered had not Bomeney Monday and Russell appeared to prove the contrary and they endeavoured to prove it thus My Lord of Essex they say called for a Pen-Knife to pare his Nails which Pen-knife not being ready he required a Razour which was accordingly delivered him with which his Lordship having pared his Nails he retired into his Closet and looks himself in and there he cut his Throat and the Razour before delivered to pare his Nails lying by the Body But that this Relation is forged and that there was First No Razour delivered to my Lord to pare his Nails nor had his Lordship pared his Nails with any Secondly Neither the Body locked into the Closet Nor Thirdly The Razour lying locked in by the Body when my Lord was first known to be dead is evident from what follows which clearly detects this Forgery For the first of these that there was no Razour delivered to my Lord. This appears by the Contradictions of Bomeney Russel and Monday as to the time of the delivering this Razour for Bomeney first swears he delivered this Razour to my Lord to pare his Nails on Friday Morning at eight of the Clock within two hours positively swears in the deposition himself writ that he
delivered it on Thursday morning at eight of the Clock being the day before his death and this as to the Thursday he swears positively and circumstantially positively for he doth expresly name Thursday as the day on which the Razour was delivered and circumstantially for he doth swear the Razour was delivered the very next morning after my Lord came to Captain Hawley's and his Lordship went to Hawley's on Wednesday the 11th of July But Russell swears a point blank contradiction to Bomeney's Oath for Russell deposeth and now declares that on Friday morning in less then half an hour before they found my Lord dead in his Closet he stood as Warder at my Lord's Chamber-Door Monday that morning having first stood as Warder on my Lord and was then gone down to stand below Stairs and heard my Lord ask Bomeney for a Pen-Knife to pare his Nails which being not ready his Lordship required a Razour which he did immediately see Bomeney deliver his Lordship But Monday doth as directly give the Lye to Russell as Russell did to Bomeney for Monday the day my Lord died declared he saw my Lord have a Razour in his Hand paring his Nails with it at seven a Clock that morning my Lord died and this about two hours before Russell came up to stand as Warder at my Lord's Chamber-door Wherefore unless it can be reconciled how this Razour should be delivered a Thursday Morning at eight of the Clock according to Bomeneys Oath and yet not delivered till Friday Morning at nine of the Clock within half an hour of the time his Lordship was found dead and delivered whilst Russell stood Warder at the Chamber-door as Russell deposeth And notwithstanding this my Lord to have had the Razour and pared his Nails with it two hours before Russell came up Stairs to stand Warder at my Lord's Chamber as Monday declared the very day my Lord died I say unless these Contradictions can be reconciled it can't be thought that any Razour at all was delivered And then whereas all declared my Lord pared his Nails with the Razour by strict observation it appeared my Lord's Nails were not newly before his Death either pared or scraped 2dly That the Closet-door was not locked upon my Lord's body appears by the contradictions of these three as to the opening the Close-door Bomeney first swore he did open the Door when my Lord would not answer upon his knocking at the Door and there saw my Lord lying dead in his Blood and the Razour by him and he then called the Warders but immediately swears in contradiction to his first Oath that he peeped through a chink of the Door and saw Blood and part of the Razour and then without opening the Door ran and called Russell who thereupon first opened the Door and at Mr Braddon's Tryal swears he knew not who opened the Door Russell deposeth he did first open the Door and makes no difficulty in it Then comes Monday and gives the Lye to both For Monday the very day my Lord died declared what he hath since often confirmed that neither Bomeney nor Russell could stir the Door my Lord's Body lay so close and hard against it and he being stronger then either put his Shoulders against the Door and pressing with all his might broke it open Whosoever there is that can reconcile these Contradictions in these three mens Relations and make all appear credible Erit mihi magnus Appollo A further Argument that the Closet-Door was not locked upon the Body appears by my Lord's Legs lying upon the Threeshold of the Closet-door when the Body was pretended not to have been stirred from its first posture 3dly That there was no Razour lying locked in with the Body when the Body was first found appears by the bloody Razour's being thrown out of my Lord's Chamber-Window which is about seventeen Foot distant from the Closet-Door where the Body lay and no noise of my Lords death till after the Maid carried up the Razour which Maid thereupon first discovered my Lord's death And as yet other Argument of the Perjury of these perfidious Villains add the Mathematical impossibility of the Wound seeing not above two Inches of the Razour must be without my Lord's hand had he done it himself and yet the Wound above three Inches deep Moreover by many eminent Doctors and Chyrurgions the Wound is thought to be naturally impossible to have been done by my Lord himself because upon cutting the first Jugular Artery such an effusion of Blood and Spirit would have immediately thereupon followed that Nature would not have been strong enough for to cut through the other Jugular Artery to the Neck-Bone on the other side muchless to make so many and so large Notches in the Razour against the Neck-Bone as an old foolish or K Chyrurgion suggested to the Coroner's Jury VVherefore by what is before observed as to the many Contradictions it plainly appears that these three as it is said in the History of Susanna vers 6. are convicted of false Relations by their own mouths and those other Arguments before observed are further Detections of these three mens Perjuries It then remains as at first viz. That here is a Body found dead by violent Hands and the manner of the Death not discovered for it can't be according to these three mens Relations for the Reasons before observed The conclusion that the Law makes in such cases in this therefore holds good viz. that this honourable Lord was Murthered by the violent and cruel Hands of barbarous and bloody minded men Secondly For the proof of the Murder in this I shall first consider what is most material which passed before my Lords death Secondly The Day of his Death And then Thirdly and Lastly after the Day of his Death In the First Before my Lords death I shall consider 1st The previous Resolutions by Papists to cut my Lords Throat And then 2dly The many previous Reports before my Lords death That his Lordship had cut his own Throat in the Tower For the first of these D. S. declares that about nine days before the Death of the late Earl of Essex she heard several Papists consulting together concerning the said Earl And this Informant heard them say the Earl of Essex was to be taken off and that they had been with his Highness and his Highness was first for poysoning the Earl but that manner of Death being objected against it was then said one did propose to his Highness Stabbing the Earl but this way his Highness did not like at length his Highness concluded and ordered his Throat to be cut and his Highness had promised to be there when it was done Some few days after some of the aforesaid Persons declared it was resolved the Earl's Throat should be cut but they would give it out that he had done it himself and if any should deny it they would take them and punish them for it Secondly For the previous Reports before my Lords
death It s proved by eight several Witnesses that before my Lords death or before it could be known it was reported that the Earl of Essex had cut his Throat in the Tower amongst the rest it was at Frome which is about one Hundred Miles from London the Wednesday Morning and at the same time at Andover about sixty Miles from London though at neither of these places especially the former could it then be known the Earl was a Prisoner in the Tower his Lordship being not committed to the Tower till the Tuesday in the Afternoon All these Reports agreed in the manner how viz. cutting his Throat and the place where viz. the Tower and which is further at Andover the Wednesday Morning before my Lords death it was reported not only in the manner how and place where but likewise the pretended Reason wherefore was given for it was then and there said that the Earl of Essex being a Prisoner in the Tower and understanding that the King and Duke were come into the Tower his Lordship was afraid the King would have come up into his Chamber and seen him of which his Lordships guilt and shame would not bear the Thought and therefore he did cut his Throat to avoid it This being declared two days before my Lords death when it could not have been in the least fore-thought that the King and Duke would have come together into the Tower where they had not been above twice together since the Restoration I say this previous Report which so particularly cloathed this action with the how where and wherefore clearly proves That all things were so resolved upon to be done or otherwise it is impossible it should have been reported under these three essential Qualifications as to manner place and reason before it was indeed done especially at Andover where it could not then be supposed to be known that my Lord was so much as a Prisoner in the Tower this Reason the Papists themselves gave out just after my Lords Death Secondly What passed the day my Lord Dyed These then attending on my Lord viz. Russell and Monday the Warders Bomeney the Servant and Lloyd the Centinel at the door did all deny that day my Lord died that there were any Men let into my Lords Lodgings that morning before my Lords Death But now it appears that there were some Ruffians a little before my Lords death sent into his Lodgings to Murder him which they did accordingly R. Meake A Soldier in the Tower that morning my Lord of Essex was Murdered about one of the Clock that very day near Algate told B and his Wife That the Earl of Essex did not cut his own Throat but was barbarously Murdered by his Royal Highnesses Order For the said Meake declared That just before the Earl of Essex's Murder his Highness sent two Men to the Earls Lodgings to Murder him which after they had done they threw the Razour out of the Window Likewise a Soldier that morning in the Tower about a eleven a Clock that morning my Lord dyed in Baldwines-Gardens informed G. and H. that the Earl of Essex did not cut his own Throat but was barbarously Murdered by his Royal Highnesses town Order For the Soldier then declared that a little before the Earl's Murder his Royal Highness parted a little way from his Majesty and then two Men were sent into the Earl's Lodgings to Murder my Lord which when they had done they did again return to his Highness Mr E declares That he saw his Royal Highness just before the Earl's Death part a little from his Majesty and then beckned to two Gentlemen to come to him who came accordingly his Highness thereupon sent them towards the Earl of Essex's Lodgings and about a quarter of an hour after this Informant saw these very two Men return to his Highness and as they came they smiled and to the best of this Informants hearing and remembrance said the Business was done upon which his Highness seemed very well pleased and then went to his Majesty to whom the News was immediately brought that the Earl of Essex had cut his Throat Lloyd the Centinel at my Lords door the day my Lord died till the twenty first of January last did deny the letting in of any men and Russell and Monday still deny it but now Lloyd doth confess that just before my Lords Death two or three men by Major Hawley's special Order were let in and immediately he heard them as he did suppose they were go up Stairs into my Lord's Room where there was a very great bustle and stir so great that the Centinel declared he would have forced after them had not the first door been made fast upon the bussle he heard some-what thrown down like the fall of a man which he did suppose was my Lords Body soon after which it was cryed out my Lord of Essex hath cut his own Throat Here is not only these mens going in but a great bustle confessed immediately thereupon to ensue in my Lords Room and the Body of a man in this bustle to be thrown down this is in a close Prisoners Room where no one is admitted but his Servant and those that kept the door denyed upon Oath that any were in my Lords Chamber that morning my Lord dyed before his Death But these Warders being supposed privy to the Fact would not own the admitting of those men which themselves let in with such a Murtherous design and it is to be presumed that this Centinel was not a stranger to the matter but enjoyned to secrecy for otherwise he would never have declared to a Friend under a repeated request of secrecy that this Confession as before laid upon his Conscience and troubled him night and day for tho' it was indeed very true that he did let in these men it was what he should not have confessed This Consirmation to his acquaintance under a great and repeated injunction of secrecy argues first that this Confession was indeed true Secondly That there is some cursed Confederacy its probable by Oath entred into to stifle this Murther for what other probable reason can be assigned for that trouble of Conscience in this Confession seeing himself at the same time declared it was true tho' he should not have said it There are some other arguments that this Centinel was particeps Criminis in the Privity first his retraction in part of what he did confess for upon his being first apprehended he owned the throwing out of the Razour before my Lords Death was known but now he retracts and disowns it Another instance of his privity is his now prevaricating in his now pretending that these men were let in an hour or more before my Lords Death whereas at first he declared they were let in before my Lords Death for as soon as let in he heard several go up Stairs into my Lords Room and heard the bussle c. as before A third argument of this Centinels
privity is his not declaring the whole truth which he must know for one at a greater distance that saw these Ruffians as they were bustling with the my Lord and heard the bustle did likewise hear one of these in the bustle as it seemed to be and therefore presumed to be my Lord cry out very loud and very dolefully Murther Murther Murther The Centinel who could hear the trampling or indeed the very walking in my Lords Chamber could not but hear this Murther so loud and often repeated It appears by five Cuts in my Lords right hand viz. two upon his fore-finger one upon the fourth-finger another on the little-finger and the fifth about two Inches long in the palm of his right hand that his Lordship in this bustle made great resistance for these Cuts can be supposed to be done no otherwise then by endeavouring to put off the cruel Instrument of his Death The next thing that I should observe which happened the day my Lord dyed and gives us reason to believe the Murther is the Irregularity committed upon the Body before the Jury saw it the Body was strip'd and washed and the Room and Closet washed and my Lords Cloathes carried away tho' all Men know the Body should have remained in its first posture till the Coroners Jury had seen it Sr T. R. as himself saith declared to the Lords that the Body was not stirred from its first posture till the next morning about ten of the Clock To this Sr. Tho. has not sworn for he was not sworn before the Lords and 't is well he has not for herein he is so much mistaken that the contrary can be proved by almost twenty Witnesses had the Body remained in its first posture by my Lords Cravat being cut in three parts the Jury would have plainly seen that his Lordship could not so do it with a Razour And then Secondly they would have perceived the print of a bloody Foot upon my Lord as he lay in the Closet by which it appeared some one had been with the Body in the Closet and several other material circumstances might have been discovered which by the total illegal alteration of the Circumstances of the Body c. were destroyed About three of the Clock in the afternoon that day my Lord dyed some of those bloody men who had been at the Consult met at Holme's House and one of them leapt about the Room as overjoyed and as the Master of the House came into the Room he strikes him upon the back and cryed The Feate was done or We have done the Feate upon which the Master said Is the Earls Throat cut To which the other replyed Yes And further said He could not but Laugh to think how like a Fool the Earl of Essex looked when they came to cut his Throat To destroy the Testimony of this Dorothy Smyth Holms hath produced two Witnesses who by many Witnesses appear to be for-sworn in every part of their Depositions His defence being false his Charge therefore may be concluded true Thirdly and lastly What passed after the day of my Lords Death That very morning several Soldiers which were presumed able to discover what was material with relation to his Death were called together As Meakes then said and enjoyned to secrecy under very severe Penalties About ten of the Clock in the morning the next day the Jury met and were surprized to see all the Ciroumstances of my Lords body changed from what was first discovered After the Jury had seen the naked Body at Hawley's the Coroner adjourned them to a Victualling House in the Tower one of the Jury demanded a sight of the Cloaths but the Coroner was immediately called into the next Room from which returning to the Jury in some Heat he told them It was the Body and not the Cloathes they were to sit upon the Body was there and that was sufficient One of the Jury then said My Lord of Essex was esteemed a very sober sedate and good Man which Bomeney then confirmed saying His Lord was a very pious Man and therefore it was improbable so good a man should be guilty of the worst of Actions Vpon which Hawley told the Jury They were mis-informed in my Lords Character for every man that was well acquainted with my Lord well knew that it had ever been a fixed Principle in him that any man might cut his Throat or any otherwise dispose of his Life to avoid a disho nourable and infamous Death wherefore this Action which they thought unlike him was according to his avowed and fixed Principles This made the Jury the more easily believe that my Lord had indeed done it Some of the Jury were for adjourning their Inquisition to some further day and in the mean time to fend notice to the Earls Relations so that if any thing appeared on my Lords behalf it might be produced Hawley hereupon assured the Jury that they could not adjourn their enquiry for his Majesty had sent one for their Inquisition and would not rise from the Coun. till it was brought him This the Jury believing immediately made all haste possible whereas otherwise they might have been more strict and particular in their Examinations Hawley in answer to this totally denyes all and protests that he was not nigh the Jury in the Victualing-House all the time the Jury sat tho' most of the Jury can say the contrary And as for the suggesting Self-Murder to be my Lords Principle he did protest he did never hear it said till their Lordships in this Committee told him it had been so declared This clearly proves that the pretended Principle of Self-Murder was a forgery of that bloody Party which Murthered my Lord And Hawley pitched upon as the most proper person to corrupt the Jury with the belief of it The backwardness of the then Government to examine this matter and their unjust proceedings against the Prosecution for they discouraged and ruined him who did humbly offer the matter to a judicial consideration tho' no crime or colour of offence was proved against him is further evidence of this Murther The Government turned old Edward's out of his Place for what his Son said in this matter and hereby inverted the old Proverb For here the Sons eating sour Grapes had set the Fathers teeth an edge A poor Soldier was barbarously Whipt after he had been cruelly managed in Prison for only saying That he would not say that he believed the Earl of Essex cut his own Throat But a more barbarous Cruelty is justly suspected to have been committed in the after Murther of several viz. of Meake and Hawley c. to prevent a defection of this Murther Tho' the Government heretofore had received private Intimations and in Print publick Applications for a Pardon and thereupon a promise of a full Discovery and in both these the Duke of York particularly charged as the chief Contriver of this horrid Cruclty yet the then Government would never
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
Mr Wallop said That they had not had those Instructions that were fit to direct them in drawing the Prisoner's Plea not having prevailed for a sight of the Impeachment or Indictment and that he conceived that by the Law as that Case was upon a special Plea The Prisoner ought to have a Copy of the Indictment Then the Plea was read in these Words viz. Et predictus Edwardus Fitzharris in propria persona sua ven dic quod ipse ad Indictament predict respondere compelli non debet quia dic quod ante Indictament pred per Jur. pred in forma pred compert scil ad Parl. Dom. Reg. nunc inchoat tent apud Oxon. in Com. Oxon. vicesimo primo die Martii anno Regni dict Dom. Reg nunc tricesimo tertio ipse idem Edw. Fitz-harris per Miiites Cives Burgenses in eodem Parl. assemblat nomine ipsor omnium Com. Angliae secundum legem cons Parl. de alta proditione coram Magnat Procerib hujus Regni Angl. in eodem Parl. assemblat impetit fuit quae quidem impetitio in plenis fuis robore effect adhuc remanet existit prout per Record inde inter Recorda Parliamenti remanens plenius liquet apparet Et pred Edw. Fitzharris ulterius dic quod alta Proditio in Indictamento pred per Jur. pred in forma pred compert specificat mentionat alta Proditio unde ipse predict Edw. Fitzharris in Parl. pred modo ut prefert impetit fuit existit sunt una eadem alta Proditio non alia neque diversa quod ipse pred Edw. Fitzharris in Indictamento pred nominat pred Edw. Fitz-harris in Impetitione pred nominat est und eadem persona non alia neque diversa hoc parat est verificare c. Vnde ipse pred Edw. Fitzharris petit Judicium si Cur. Dom. Reg. hic super Indictamentum pred versus ipsum ulterius procedere vults c. The Attorney General then prayed Judgment upon the Plea saying 'T is an insufficient Plea nay 't is no Plea to to bar you of your Jurisdiction Whosoever will plead to the Jurisdiction if he have any Record to plead must produce it in Court and for this matter it will appear a plain frivolous Plea for there is no such matter depending as this Plea alledges Another thing is this They have pleaded no Record at all nor any Impeachment at all For they say he was impeached by the Commons de alta Proditione but that is nought The Plea ought to set forth for what Crime particularly this is no Plea to the Jurisdiction upon that point Vpon an Impeachment or Indictment the King hath his Election to proceed upon which he will This is not only apparently a false Plea but frivolous in it self being to the Jurisdiction For there was never any thing of a Crime so great but the Court of King's-Bench which hath a Soveraign Jurisdiction for Commoners especially could take Cognizance of it The Chief Justice then said Pray consider whether if it be an insufficient Plea and such that no Issue can be taken upon it whether you would not demur to it Consider whether you think fit to demur or to take Issue upon it or reply to it that it may come judicially for our Opinion The King's Council Mr Solicitor Serjeant Jeffryes Sr Francis Wythens and Mr Saunders spoke much to the effect with Mr Attorney and pressed to have the Plea rejected but after much contrasting about the matter the Attorney agreed to demur generally and the Prisoner's Council immediately joyned in Demurrer Then Mr Attorney moved thus I desire your Judgment that the Plea may stand over ruled for a plain fatal Error in is This is a particular Indictment for the framing a most pernicious scandalous Label against the King They to out the Court of this Jurisdiction plead that he was Impeached of high Treason in general Now Pleas to the Jurisdiction ought to be the most certain of any Pleas whatsoever Mr Solicitor added This Plea is neither good in matter nor forme he that pleads an Indictment or Impeachment in another Court must set it forth in the Plea which is not done in this Case and We take that to be fatal to it Mr Williams for the Prisoner then said We hope the Court in this Case will not tye us up presently to argue this matter Mr Attorney sayes he never found that any Plea to the Jurisdiction required a Demurer but was over-ruled or allowed by the Court presently The Precedent in Elliot's Case is full in it He was Indicted for Misdemeanors in the House of Commons he Pleaded this to the Jurisdiction of the Court the Attorney at that time insisted to have it rejected but the Court over-ruled him and put him to demur This is a Precedent Mr Attorney hath not seen The Court in that Case did not tye them up to argue the Plea presently but gave them till the next Term. Here is a Mans Life in question and the Priviledge of Parliament concerned in it We desire a reasonable time in the Case of Plunket you gave him till next Term which is as high a Treason as this I am sure of it Sr Francis Winnington spoke to the same purpose and said This is a Case well worth our taking care of and yours too We hope you will not deny us what time is reasonable Mr Wallop added That he had been an unprofitable Attendant in that Court near forty Years and never saw so swift a proceeding as this which is as swift as lightning That whereas they called it a frivolous Plea he believed the Plea to be of the greatest import that ever those Gentlemen came there about That de Morte Hominis nulla est Cunctatio longa That he humbly prayed a reasonable time to be allotted Then the Lord Chief Justice proposed to the Prisoner's Counsel that he should plead over Mr Pollexfen answered We cannot do it we have considered it and are of Opinion that if we should plead over it would destroy our Plea by doing it we give up the Jurisdiction It is as indifferent to me as any Body to be forced to argue it now but No Body can say they ever saw many Instances of the like nature Therefore pray my Lord let us not go on so hastily with it If you will not give us leave and time to be prepared to argue it you must take it as we are able since we can't have time to make our selves able The Attorney Solicitor General and Sr George Jeffryes vehemently opposed the allowing any time to argue the matter and pressed for present Judgment but after much tugging about it the Court allowed time till the Saturday following Then upon Saturday the 7th of May the Attorney General began saying This is a Plea to the Jurisdiction of the Court and some of our Exceptions are to the form and
that the Act passing to disable Roman Catholicks he and others of them were forced to quit their Commands that the common opinion amongst them was for the setling the Roman Catholick Religion in Engd. but that the measures being broken by means of the Peace with Holland and the Duke of York's and other Catholick Officers quitting all Commands and the King failing in his expectations from them the Roman Catholicks came to a Resolutitn to Destroy the King as Father Parry Confessor to the Portuguieze Ambassodor told the Examinant in 1673 who put this Confidence in him being his Confessor and that the same Father repeated the same discourse to him with more assurance in 1678. adding then that the Business then was now near and he should soon see it done That about April 1679. the Duke of Modena's Envoy having sworn him to Secrecy told him That if he would undertake the Killing the King he should have 10000 l. which he refusing the Envoy said The Dutchess of Mazarine understands Poysoning as well as her Sister and a little Viol when the King comes there will do it and that upon the King's Death the Army in Flanders and Parts adjacent to France was to come into England to destroy the Protestant Party and that after that there should be no Parliaments and that the Duke of York was privy to all these designs That about April 1680. Kelly the Priest whom he had known above 12. Years and had some times Confessed him owned to him at Calis that he was concerned in the Murder of Sr Edmund-Bury Godfrey and that the same was done as Prance had related it That the Examinant had been six or seven Years acquainted Monsieur de Puy Servant to the Duke of York and that he told him soon after the Murder of Sr Edmund-Bury Godfrey That that Murder was consulted at Windsor and about that time said that the Duke was very desirous to come to the Crown the King being incertain and not keeping touch with them and that De Puy said there was a necessity of taking off the King and that it would be soon done That the Duke of York possessing part of the Examinant's Fathers Estate in Ireland the Examinant being acquainted with Father Bedingfeild asked him how he could give Absolution to the Duke till he had made Restitution to which the Father said that every Penitent was supposed to know his own Sins and to declare them to his Confessor to which the Examinant replying with warmth But since you know it you ought to take notice thereof the Father answered be not angry for e're it be long you may be in a better condition That in March 1680. he met Father Patrick at Paris and talking of a Rupture that might be between England and France the Father said that the French intended in such Case to send Marshall Bellfonds into Ireland with 10000 Foot and 2000 Horse and Arms and Ammunition for 30000 Men to be raised there and the Father promised the Examinant a Regiment of the Men to be so Raised and the design was to restore that Kingdom to its former Owners in Subjection to France That Father Patrick desired him to send him all the Libels that came out in London and said that Libelling the King was a thing necessary in order to distaste and make him jealous of his People that the Examinant knew Mr Everard at Paris in 1665 and hath since encreased his acquaintance with him and that the Opinion of Father Patrick about Libelling the King incouraged the Examinant to concur with Everard as to the Libel lately Written by Everard It was most evident from the demeanour of Fitz-Harris from the first to the last after his apprehension that he was ready to say deny affirm or do any thing to save his Life Mrs Fitz-Harris his Widow upon the 15th of August 1681. deposed that her Husband a little before his Execution told her what great offers were made him at first to have charged the Libel upon the Earl of Shaftesbury and my Lord Howard and that he advised her to do it as the only means to save his Life tho' he protested at the same time they were wholly innocent and that she was assured that she should have what Money she pleased if she would accuse those Lords of the Libel Nay Fitz-H himself the very Night before his Execution wrote a Paper which he ordered to be delivered to his Wife in order to prevent the spilling innocent Blood informing her by whom he was advised to accuse those Lords and others of the Libels and of having put him upon the discovery of the Popish Plot and that he had the promise of a Pardon to prevail upon him to do it but finding that he was deluded he declared as before God that they were innocent and that what he had deposed against the Papists was true and that he had been only too sparing in accusing great People among them It is observable that for about fourteen dayes between the time of the Condemnation and Execution of Fitz-Harris the poor wretch was wholly under the management of Dr Hawkins of the Tower in which time the Doctor having held several Consults with some at Windsor there was modelled a Paper stuff'd with abominable Malice and Falshood to serve the wicked Designs of that day which the Doctor after his Death emitted to the World under the Title of the Confession of Fitz-Harris and therein he is made to declare abundance of extravagant Falshoods in particular That the Treason of the Libel came from the Lord Howard But his Conscience could not but witness that he had at several times complained to Sheriff Bethel and Sheriff Cornish that he had been pressed to accuse the Lord Howard and also the Earl of Shaftesbury of the Libel Then the Sham Confession proceeds to a Protestant Plot viz. that the Lord Howard told him of a design to seize upon the King to carry him into the City and there detain him till he had yielded to their desires and that himself and Haynes were privy to the design and had several Meetings with the Lord Howard A strange Tale of a Protestant Plot between two Irish Papists and a Protestant English Lord. In the next place this Mock-Confession is to perswade the World that the Protestant Magistrates of London did endeavour to suborn him to make a Confession that might confirm a Popish Plot. It declares That in Newgate the Sheriffs Bethel and Connish came to him with a Token from the Lord Howard and told him nothing would save his Life but discovering the Popish Plot and greatly encouraged him to declare that he believed so much of the Plot as amounted to the introducing the Roman Catholicks or to criminate the Queen his Royal Highness or to make so much as a plansible Story to confirm the Plot. Besides That as it hath been heretofore observed and is most undoubtedly true that Neither of the Sheriffs ever spake privately with Fitz-H until
he had been thrice examined by the Secretaries of State and sworn to the substance of his Examination taken by Sr Robert Clayton and Sr George Treby So this idle Tale in it self could never deserve the least credit in that it made the Sheriffs so foolish and vain as to think a Declaration from such a Wretch as Fitz-H of his belief of the Popish Plot to have been of great value and that it was worth a high Reward for him to have invented a plausible story to confirm the Plot after the belief thereof had been confirmed by many Proclamations by the Votes of four Parliaments and the Condemnation and Execution of several of the Plotters Further Dr Hawkins his Paper brings in Fitz-H charging it upon the Sheriffs that they extorted from him false Confessions about the Popish Plot and it makes him to speak thus I finding my self in Newgate fettered Monyless and Friendless and I could see no other refuge for my Life but complying with them the Sheriffs so to save my Life I did comply But as soon as the Doctor had published this Sham the falshood thereof was detected and the World rightly informed in the matter that Fitz-H was never fettered or put in Irons but was treated with all imaginable civility for which he thanked the Sheriffs even with his dying Breath The Doctor 's impudent Libel then fell upon Sr Robert Clayton and Sr George Treby and insinuates that they would have induced Fitz-Harris to say more than was true and says that what he deposed before them about Father Patrick was forced out of him and was not true F. H. himself well knew that Sr Robert Clayton and Sr George Treby came to take his Confession upon his earnest importunity and that after he had been thrice examined by the Secretaries and Attorney General and he had sworn before them all the matters in substance contained in the Examination by Sr R. C. and Sr G. T. except that one passage about de Puy and when that Examination was read to the House of Commons at Oxford Secretary Jenkins acknowledged that he had confessed the same to the Lord Conway the Attorney General and himself except that about de Puy yet the Contriver of the Sham Retractation took no care to retract or excuse his Swearing the same matters before the Secretaries and Mr Attorney because Reason of State did at that day require that not They but the City Magistrates must be exposed Then the impudence of Hell is assumed to bring in Sr George Treby inviting Fitz-H to accuse the Earl of Danby and the Popish Lords in the Tower by speaking thus do but you say it We have have those that will swear it Had they been provided with false Witnesses and had they had such an accursed design There was no need of Fitz-H his saying any thing Neither the false Suggestions nor the Perjuries could have gained any weight or credit from the Authority of Fitz-H by his saying what they were to Swear To conclude there are Persons who can unriddle this whole Mystery pull off the Disguises and Vizors wherewith this affair is even to this day obscured and therefore I have made this Recapitulation of the fore-going particulars to incite those who are better able to oblige the World with a more full knowledge of the vile Practices with this poor deluded timerous Wretch and then it may be evident that the Doctor gave him expectation if not assurance of Life to the very last Moment that he drew breath Remarks upon the Tryal of Mrs Elizabeth Gaunt at the Old-Bayly London upon the 19th day of October 1685. WEre my Pen qualified to represent the due Character of this Excellent Woman it would be readily granted that she stood most deservedly entitled to an eternal Monument of honour in the hearts of all sincere Lovers of the Reformed Religion All true Christians tho' in some things differing in perswasion with her found in her a universal Charity and sincore Friendship as is well known to many here and also to a Multitude of the Scotch Nation Ministers and others who for Conscience sake were thrust into Exile by Prelatick Rage These found her a most refreshing Refuge She dedicated her self with unwearied industry to provide for their supply and support and therein I do incline to think she out-stripped every individual Person if not the whole Body of Protestants in this great City Hereby she became exposed to the implacable fury of the bloody Papists and those blind Tools who co-operated to promote their accursed designs and so there appeared little difficulty to procure a Jury as there were well prepared Judges to make her a Sacrifice as a Traytor to Holy Church Upon Monday the 19th day of October 1685 Mrs Gaunt was arraigned upon an Indictment to this effect viz. That she intending to disturb the Peace and Tranquility of the Kingdom and to stir up Rebellion against the King and to subvert his Government and depose and put him to death for bringing her Traytorous purposes to pass she well knowing James Burton to be a Traytor did secretly and Trayterously entertain and conceal him and did give him Meat Drink and 5 l. in Money for his Maintenance and Sustenance She having pleaded Not guilty the following Jury was sworn Tho. Rawlinson Tho. Langham Ambrose Isted Tho. Pendleton John Grice Tho. Oneby William Cloudesley Richard Holford William Longboate Steven Colman Robert Clavel and William Long. Then Mr Attorney General said The Prisoner is indicted for harbouring Burton a great Traytor and procuring a way for his escape beyond Sea and giving him 5 l. to bear his Charges She and her Husband were the great Brokers for carrying over such Traytors as my Lord Shaftesbury and others He then called James Burton and demanded an account of him whether he were engaged in the matter of the Rye-House and how Mrs Gaunt harboured him Burton testified that Keeling brought him and Barber and Thompson into the company of Rumbold It looks as tho Keeling had been employed at White-hall to make as well as to discover this Plot for of the very small number accused of it We have him here drawing in three at once That upon Keeling's discovery he was put into the Proclamation for being at that Meeting and absconded about two Moneths and then Mrs Gaunt came to enquire of his Wife for him who brought her to him and she told him that there were some Persons about to make an escape and she would have him go along with them and sent him with Rumbold to Rochford-Hundred in Essex to take Ship but not liking the Vessel and the Weather being bad they returned to London That many Moneths afterwards Mrs Gaunt came and gave him 5 l. and sent him in a Boat to Gravesend from whence he went in a Vessel to Amsterdam Mary Gilbert Burton's Daughter was sworn and said that she met Mrs Gaunt with her Father in Houndsditch and they went to a
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
trayterously assemble consult and agree with the Lord Brandon and other Traytors to raise Money and procure Armed Men to make a Rebellion and to seize the City and Castle of Chester with the Magazines and that upon the 27th of May he took a Journey from London to Mere to accomplish his Treasonable intentions and that upon the 4th of June he incited divers to joyn with him in his Treason To this Indictment his Lordship pleaded Not Guilty Jeffryes then addressed himself to the Lords to this effect Note my Lord Delamere was at that time in the House of Commons and a great Promoter of the Bill of Exclusion That their Lordships could not but remember the insolent Attempts made upon the unalterable Succession to the Crown under the spetious pretence of Religion by the fierce froward and Fanatical Zeal of some of the Commons which had been often found the occasion of Rebellion That that not prevailing the Chief Contrivers of that horrid Villany consulted how to gain the advantage by open force and in order thereto had several Treasonable Meetings made bold and riotous * The Duke of Monmouth's progress into Cheshire the West Progresses in several parts of the Kingdom to debauch the minds of the well-meaning tho' unwary part of the King's Subjects That God frustrated their evil purposes by bringing to Light that cursed Conspiracy against the Life of the late King and his present Majesty That one would have thought these hellish and damnable Plots could not have survived the just Condemnation and Execution of some of the †Innuendo Lord Russel Col. Sidney c. Chief Contrivers of them especially considering that no sooner the present King was seated in his Throne but he endeavoured to convince the world that he had quite forgot those impudent and abominable Indignities that had been put upon him only for being the best of Subjects and best of Brothers and also gave the most benign Assurances imaginable that he would approve himself the best of Kings And to evince the reality of his gracious Resolutions he called a Parliament and there repeated and solemnly confirmed his former Royal Declarations of having a particular care of maintaining our Established Laws and Religion And yet at that Juncture that wicked and unnatural Rebellion broke out and thereupon the Arch-Traytor Monmouth was by a Bill brought in the lower House and passed by the general consent in both Houses and I could wish my Lords for the sake of that Noble Lord at the Bar that I could say it had passed with the consent of every particular * The Lords are here told that my Lord Delamere opposed the Bill to attaint the D. of Monmouth Member of each House justly attainted of High Treason After this harangue he concluded thus My Lords what share my Lord at the Bar had in those other matters I must acquaint you To what end then was this malitious Tale told is not within the compass of this Indictment for which you are to try him for that is a Treason alledged to have been committed in the present King's Reign Then Sr Tho. Jenner the Recorder of London opened the Indictment The Attorney General then aggravated the Charge saying We crave leave to give a short Account of a former * The Plot in 1683. design Cheshire the Province of this Noble Lord was one of the Stages where that Rebellion was principally to be acted and preparatory to it great Riotous Assemblies and Tumultuous Gatherings of the People were set on foot by the Conspirators We shall prove that a little before the Rebels came over this last Summer the Duke of Monmouth dispatched one Jones into England to let his Friends know that tho' he had intended to go into Scotland and begin there he was resolved for England with this he was to acquaint some Lords particularly the Prisoner And also to acquaint them that they should have notice four or five days before of the place of his Landing and that then the Lords should repaire immediately into Cheshire there to wait for the News We shall give you an account that the late Duke of Monmouth lookt upon Cheshire as one of his main supports and upon my Lord Delamere as a principal Assistant there Jones was to communicate his Message to Captain Mathews who was to transmit it to this Lord and those concerned with him Jones arrived upon the 27th of May but Mathews nor Major Wildman to whom he was to apply in the absence of Mathews was not to be found Thereupon he sends for one Disney since executed for Treason and one Brand whom your Lordships will hear of and communicates his Message to them and they undertake to deliver it to the Persons concerned That very night My Lord this same Brand Disney met this Noble Lord and give him an account of the Message and as soon as ever he received it upon the 27th of May at ten at Night my Lord dispatches out of Town with only one Servant and two other Friends that he had pick'd up With all these Badges of Plot and Design does my Lord Delamere set out the same night Jones came to Town he chose to go all the By-Roads and went with great speed to repair into Cheshire by the name of Brown by which he was known among all his own Party by that name several of the late Duke of Monmouth's Trayterous Declarations were sent for to be sent to him or by him into Cheshire When he comes into Cheshire he actually sets about the work to put that County in a forwardness This means the impudent but ridiculous story of Saxon which could never obtain upon any but the Credulous Prosecutors of this Noble Lord who were disposed to believe any thing to assist in the Rebellion endeavours to stir up the People to joyn with him and acquaints one that he employed in that Affair that he was engaged to raise so many Thousand Men and so much Money to be ready by such a day My Lords We shall plainly shew you all this in plain proof Then Mr Attorney called their old Drudge at swearing my Lord H. of E. and demanded of him his oft repeated History of a design of an Insurrection that was to have been in the late King's time and what share Cheshire was to have in it The Lord H. told his thrid-bare history of the Plot in 1682 and 1683 but not a word of Cheshire and said that he knew nothing concerning my Lord Delamere The Lord Grey was then called and said That about the time of the contested Election of Sheriffs The Duke of Monmouth and Earl of Shaftesbury resolved that they would make what interest they could to procure a Rising in three several parts of the Kingdom at once one in Cheshire whether the Duke of Monmouth was to betake himself and there to be advised by my Lord Macclesfield my Lord Brandon my Lord Delamere that then was
him to call my Lord by that name That he was at Mr Disney's over the water with Paunchforth and Horsley and Disney shewed him a Declaration that was not quite perfected and some body said some of the Declarations were to be sent to my Lord Delamere and Mr Disney said he was afraid my Lord Delamere was not capable of doing that Service that was expected from him in Cheshire for want of some of those Declarations which would be mighty useful to inform the People And that Disney said he hoped to have 500 Printed in twenty four hours and a good number of them were to be sent to my Lord Delamere Hope of the three Tuns in Coventry then witnessed Non hosâ—es ab hospitetutus Those who travel that Roid will do well to beware of such a Landlord for he kept a Diary and was a Spy upon this Noble Lord. that my Lord Delamere upon the Sunday before the Coronation came Post to his House towards Cheshire and sometime after that he came down Post again and a little after went up Post and told him he went down another way and upon the 21th of June the Sunday sennight after the D. of M. landed he came down Post again and then his Lordship told him that it was said the Duke of Albemarle was killed and that the D. of M. had several Field Pieces and Arms for near 30000 Men and that his Lordshap shewed him in a Mapp which way Monmouth went and pointed out such and such Towns that he was possed of and withal said That he feared there would be many bloody Noses before the business was at an end Mr Attorney the called Thomas Saxon said Pray Mr Saxon Their dependance was upon this well instructed witness therefore he is Mr Saxon those before him were only Wade Jones Vaux c. will you give an account what you know of my Lord D. the Prisoner at the Bar concerning any Insurrection or Rebellion designed by him in Cheshire and when Saxon swore that he was sent for to Mere my Lord Delamere's House at the beginning of June he believes the third or fourth day and was conveyed into a Tower Room where were my Lord D. Sr Robert Cotton and Mr Crew Offiey who told him he was recomended to them by my Lord Brandon who said he was an honest useful Man and they hoped he would prove so For they had sent to the D. of M. and received an answer by Jones and as soon as they had an answer my Lord D. came down Post under another Name being conveyed through Moore-Fields to raise ten Thoufand Men for the D. of M. in Cheshire by the 1st of June but they found they could not raise them till Midsummer for they must have time to raise 40000 l. in that Country to maintain the Men. That they askt him to undertake to carry a Message to the D. of M. and he told them he would and my Lord D. gave him eleven Guineas and 5 l. in Silver for his Journey and he went and delivered the Message to the Duke The High Stemard demanded of Saxon * His Lordship was well apprised of the Answer their Witness would make and to them who discern it in this Question it may well seem strange that they should bring this great Man to Tryal upon such nauseating Evidence as some had put into this Varlets Mouth how he came to be recommended to them by my Lord Prandon whether he were acquainted with my Lord Brandon Saxon tho' a very willing Witness had forgot to tell the Story of drinking Ale with my Lord Brandon and therefore the Monster then called his Grace pumps it out by this Question Saxon knowing what my Lord wanted answered I was acquainted with him the first time I was with him was at Over the next time was at my Lord's House The Attorney General thereupon said Ay pray tell my Lord how you became acquainted with my Lord Brandon Saxon said Upon Munday in Easter-Week last being at Over my Lord sent for me to drink a Glass of Ale and take a Pipe of Tobacco with him and when I came my Lord told me he had a desire to be acquainted with me so We drank a considerable while and my Lord discoursed how unfairly the Elections of Parliament Men had been carried which had so exasperated the Country that they were resolved to rise in Arms under pretence of maintaining the Christian English Liberties and that they had a design to send for the D. of M. and make him King and that they must use such men as me that were Men of Interest in the Country to stir up the People to rise in Arms And if I would come the next Munday to his * 'T was happy that my Lord Delamere never took a pipe with this Villain nor courted his Acquaintance House he would tell me more of the business and I went accordingly and he told me a great deal to the same purpose and shewed me a Letter that he had written to the D. of M. which I afterwards saw at Bridgewater My Lord D. then said I desire to know when was the first time that he declared this he has now sworn against me and to whom Saxon answer'd I suppose I told Mr Storey of it first at Dorchester after I was taken Prisoner for the Rebellion and I think it was a forthnight after my acquaintance with him I lay with him in the same Bed My Lord D. demanded when was the first time he made Oath of this and upon what occasion Saxon said I remained a Prisoner at Dorchester from the 10th of July to the beginning of the last Term when I was removed to Newgate and I gave my first information before is Majesties Counsellors who were sent * To instruct him he would have said but that it must be Perjury throughout to take my Examination immediately after I was brought to Newgate My Lord D. then demanded Whether ever he had employed him about any of his Concerns that should give him an occasion of trusting him with such Secrets Saxon answer'd I never was in his company but only then and then as recommended by my Lord Brandon for they said they must make use of such as me to make their Desigus known to the Country for the accomplishing what they did intend I was to inform the Country of the time of Rising my Acquaintance abounded that way and by their discourse they had got Men in every place to acquaint the Country when they should rise My Lord D. then said I desire to know who was the Messenger was sent for him to my House Saxon answer'd I askt his Name but the would not tell me he said he was a Tenant to my Lord and had been employed in such businesses for my Lord's Father Sr George Booth he was a Lame Man in one Arm for he had his Hand shoe away at the Siege of Nantwich My Lord D. demanded what
and the Tryals in that day by Common Juries had this petty difference of the end of July and August happen'd in an ordinary case as the like did in the Case of Otes his Perjury what bawling would have been upon it and had this Excellent person been upon his Tryal before my Lord Russel's Jury or Colonel Sid ney's three Carpenters with the Taylor and their Crew it might have been improved by this Mushroom Lord Jeffryes and the King's Counsel to his Destruction August The other Man says it was the latter end of July My Lord Delamere thereupon said The other Witness saith it was the latter end of July and that may be very well consistent neither of them speaking to a day Mrs Sidney Lane who lived in Sr Cotton's House testified That Sr Robert came to Town in April last and never lay out of Town all those Months of April May and June after he came to Town Charles Reeves Sr Robert's Foot-man testified That Sr Robert was in Town before the Coronation the 23d of April and he saw him every day that time till after July Then Mr Ashburnham Sr William Twisden and Mr Heveningham witnessed that they saw Sr Robert Cotten in Town in June Mr Heveningham in particular that upon the 3d of June he was walking with Robert in the Court of Requests when Mr Neale came and told him the House of Commons had then determined a point about the Election of Thetford Sr Willoughby Aston then proved that upon the 26th of May Mr Offley and his Lady came to his House and he gave a particular account how he spent his time there till the 4th of June when he returned home to his own House which is directly another way from my Lord Delamere's whose House is eleven of those Northern Miles from Sr Willoughby's Mr Gregory and Tho. Kid Servants to Mr Offley witnessed that Mr Offley went from Sr Willoughby Aston's upon the 4th of June directly home to his own House Crew-Hall in Cheshire and did not go from thence that night Mr Booth my Lord Delamer's Brother proved that he saw my Lord in Town the 3d of June in the evening and also the 4th 5th 6th and so on to the 10th of June sometimes twice or thrice a day Mr George Booth another of my Lord's Brothers testified that he saw my Lord in Town the 4th of June by the partioular circumstance that he went with him the next day to the House of Lords to hear my Lord Macclessield's Cause upon Fitton 's Appeale My Lord Lovlace proved that he saw my Lord D. in the House of Lords at the hearing of my Lord Macclesfield's Cause the 5th of June and that my Lord D. stood by the Bar and took notes My Lord D. then said I hope I have now satisfied your Grace and the rest of my Lords that none of us three whom this Fellow has mentioned were at that time at Mere when hé said we were I affirm in the presence of Almighty God that I have not seen Sr Robert Cotton at my House these many years and I believe Mr Offley was never there since I was Master of it and I do protest that to my knowledge I never saw the Face of this Man till now I am sure I never spoke with him nor sent for him to my House If his Story be considered it will easily appear to be very improbable for he neither tells who the Messenger was that was sent for him nor the way that he came into the House and he must needs discern which way he came in for I have but one Door into my House except that by the Stables which is a great way off the House Besides my Lords Is it probable that he should see no Body stiring about the House except the Man without a Hand that he sayes was sent for him I assure your Lordship I have not nor had my Father ever that I know of any Servant or Tenant that was maimed in the manner he speaks of Is it to be imagined that I would take a Man I knew nothing of into so great a confidence as to employ him about a business of this nature I beseech your Lordships to look at him Is this Fellow a likely Fellow to be used in such an affair Does he look as if he were fit to be employed for the raising 10000 Men your Lordship 's likewise see that he is so well thought of that he dare not be trusted out of Newgate but is kept still a Prisoner and as such gives evidence here He Swears to save himself and would fain exchange his Life for mine My Lords The King's Council lay a great weight upon my going down the 27th of May and my frequent riding Post I shall satisfie your Lordships of the Reasons of my Journies the first time I went to take Possession of a Lease of six or seven Thousand pounds value which was renewed to me by the Bishop and I had word that the Bishop was ill and that obliged me to make hast down All this being fully proved by Mr Edmond's and Mr Henry my Lord Delamere proceeded saying I had resolved to go see a sick Child but hod not taken my journey so soon as the 27th of May nor with such privacy but that I had notice there was a Warrant to apprehend me and I was willing to keep out of custody as long as I could Being at my House in Cheshire my Wife sent me an Express that as to the Warrant She hoped it was a mistake but my Eldest Son was very ill and if I intended to see him alive I must make haste up This was the occasion of my quick return Mrs Kelsey then witnessed that my Lord came to his House in Cheshire the 31st of May being Sunday and that his Child was ill and my Lord told her that he heard there was a Warrant to take him up That he stayed Monday the 1st of June and went away on Tuesday morning My Lady Delamere my Lord's Mother testified the Child's being ill in the Country and that while my Lord was there his Lady sent for him Post if he intended to see his eldest Son alive Mr Kelsey proved That my Lor d D. came down upon the Sunday night at eleven of the Clock and stay'd at home all Munday and on Tuesday at three in the Morning he took Horse for London and that Mr Kelsey had Letters from my Lady Delamere and Mrs Vere Booth dated the 4th of June that told him my Lord was come to Town the night before Sr Thomas Millington the Physitian witnessed that upon the 28th of May he was sent for to my Lord Delamere's Son and found him very ill and he continued so two dayes and he told my Lady Delamere that he thought the Child would not escape That he knows punctually this was the time by the Apothecaries Bills which he wrote and finds the date on them My Lord Delamere then said My Lord I hope
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
him leave but he found him very resolute and so fairly took his leave and never came near him more That he believes he might say to Mr North that he had such a power in Mr Smyth to perswade him to tell what he knew That no body besides Mr North either perswaded or advised him to go to Mr Smyth Mr Roger North being examined said that he procured no Order for Sr Ambrose Philips to go to Aaron Symth nor doth he believe he ever had any conversation with him about that matter and he is confident he never delivered him any Order for going to him nor told him that he should find any such Order at the Tower nor to the best of his remembrance knew he of any such Order and that Sr Ambrose Philips mis-remembers if he says he had any such Order from him Sr John Moore being examined said That 't was not he that rejected the Sheriffs but the Court of Aldermen That Mr Papillon was set aside by the Court because Sr John had drunk to Sr Dudly North. That he doth not believe or remember that he had any Orders from Court to drink to Sr Dudly That Secretary Jenkins was often to visit him but never gave him any * Perswasion would do with an easie willing Man Directions That he believes Mr Papillon and Mr Dubois demanded the Poll That he had no direction from Whitehall to reject the Poll but the Court of Aldermen did reject it That the Souldiers were sent to keep the Peace that he remembers not that he either the day before or that morning of the Poll made any promise not to disturb the Poll nor doth he remember what time of the day he went to disturb the Poll Many of the Citizens came to his House and would have him to the Hall telling him the Poll went on tho' he adjourned it which Adjournment he saith was by advice of the Court of Aldermen Mr Normansel and Mr Trotman the Secondaries deposed that Graham and Burton were the Prosecutors of my Lord Russell that Sr Dudly North had the Books from them and returned my Lord Russell's Jury that Juries had usually been returned by the Secondaries and taken out of two three or four Wards but this Jury was taken out of about nineteen VVards That Sr Benjamine Thorowgood returned the Jury upon Alderman Cornish Mr Trotman added that Graham and Burton were also the Prosecutors of Alderman Cornish Mr Perry who had been Clerk to Mr Trotman nine Years deposed That he was not by at the return of my Lord Russell's Jury but he made a Copy of it and is was under Sr Dudly North's hand That he was with Mr Trotman at Sr Benjamine Thorowgood's House who had the Books of both the Compters and he wrote the Names as Sr Benjamine directed him That in common cases the Pannels used to be returned out of two or three Wards Mr Crisp the Common Serjeant deposed The proper Officers swear out of two or three but the Common Serjeant swears out of six so makes some advance towards Sr Dudley North's number that he hath known Juries returned out of six Wards and never out of fewer than four That he was in Court at part of the Lord Ruffell's Tryal That he remembers his Lordship desired he might be heard by Counsel and that they might have time to consider of it but the Court heard them immediately The Gentleman paid too great a deference to the Coure to say they refused my Lord Russell time and therefore expresses it in the tender Words That the Court heard them immediately Sr Dudly North being examined said That he was a Freeman of London and the Lord Mayor drank to him as Sheriff and he took upon him the Office and was 2000 l. out of Purse which he never had again directly or indirectly But he was wellrewarded by being first one of the Commissioners of the Customs and then of the Treasury whereby he was sufficiently reimbursed and rewarded also for the good service he did in his Sheriffalty Sr Dudly went on saying That he impanuelled the Juries for the Sessions when the Lord Russell was tryed That he returned the best * It being Sr Dudley's own Jury and they doing their business to content he treated them at a Tavern after the Verdict given as appears by the Journal of the House of Lords Jury he could without observing any Ward and drew this out of several Wards because they might be the more substantial Men. That to the best of his remembrance Sr Peter Rich concurred in this Jury if he had opposed it he should not have done it That the Juries before were returned by the Secondaries but this being a very * It was indeed a very extraordinary business to murder as valuable a Noble Man as ever drew Breath in England extraordinary business he thought it requisite to take care of it himself That he took no care of what opinion the Jury were of but only that they were substantial Men yet he cannot shew one Man called a Whigg returned on the Jury That he had no order or directions from any Man * Note his Brother the Lord Keeper was now mination alive to take care of this business Sr Peter Rich declared That he was never asked in his whole year to impannel a Jury and that he never impanneled any or signed any Pannel to his knowledge and sayes positively that the Books were sent to him by the Secondaries and that he never saw the Pannel of my Lord Russell's Jury till he heard it read in Court That the usual practise of the return of Juryes in London is by the Secondaries Sr Benjamin Thorowgood being examined said that he was Sheriff at the time when Mr Cornish suffered That the two Secondaries brought him the Books That he knows not out of how many Wards the Jury was returned but he thinks out of most of them and he believes it to be the Custom to return the Jury so But the Secondaries swear the contrary That he thought it a piece of justice in him to see the Jury fairely returned being the Gentleman to be tryed had been one of his Predecessors That the Jury were of the sufficientest This is Sr Benjamine's opinion that the substance as well as the honesty of the City was got into Tory Hands the Jury being all of that stamp but to let their honesty alone the contrary is as evident as to the ability of more than one of these Jury-Men as 't is that Juryes were wont to be taken out of most of the Wards ablest and honestest Men of the City of London and he believes all the Men that served of the Jury were those he returned Mr Henry Cornish being examined deposed that his Father was kept close from his Commitment to the day of his Tryal and Captain Richardson would admit none of his Friends to come to him That he went to Normansel the Secondary for a Copy of
believes it consisted of seven or eight hundred Sheets Mr Joseph Ducas upon his Examination informed the Lords in substance as follows That Colonel Sidney was taken up by a Messenger before there could be any pretence of proof against him for the Lord Howard the only Witness was not seized till fourteen dayes after That when Sr Philip Floyd seized and carried away Colonel Sidney's Papers he promised him that the Trunk and Pillowbeere in which they were sealed up should not be opened but in the Colonel's presence but that promise was not performed That they seized the Colonel's Goods and Money in the City and Country five or six Months before any Indictment was found against him That the Colonel was brought to Westminster the 7th of November by an * A most clear demonstration that the Prosecutors of this great Man had good Intelligence with the Grand Jury Influence upon them Habeas Corpus sent the day before to be arraigned upon an Indictment tho' no Indictment was then found against him and they kept him in a Tavern in the Palace-yard an hour till they had got the Grand Jury to find the Indictment That the Colonel being carried to the Court of King's Bench and the Indictment read he demanded a Copy thereof but the Court refused it That the Colonel offered a Special Plea engrossed in Parchment and desired it might be read but the Chief Justice said that if the Attorney General demurred and the Plea were over-ruled Judgment of Death should pass upon him and Wythens said if your Plea be over-ruled your Life is gone and so he was forced to Plead Not Guilty That he challenged several of the Jury as being the King's Servants and others as not being Freeholders but was over-ruled therein Some Gentlemen and very worthy Persons were for Fashion sake put into the Pannel and called but did not appear and it may be reasonably thought they were never summoned That Colonel Sidney was informed that when the Jury was withdrawn the Chief Justice under pretence of going to drink a Glass of Sack went to the Jury when they were consulting about their Verdict That when it was demanded of the Colonel what he had to say why Judgment should not pass he urged several points of Law but was over-ruled in every thing To this effect was the Information of Mr Ducas a very valuable French Protestant Gentleman and Colonel Sidney's true Friend To which I shall here subjoyn a few words uttered by that great Man at the time of his Condemnation I was brought to VVestminster the 7th of this Month by * This leads me to correct an Error committed in the first part of this History pag. 185. where I said as I then understood it that Colonel Sidney brought the Habeas Corpus but it appears that it was brought at the instance of his Prosecutors And upon this occasion I shall confess another mistake therein all with which I have been charged in the first part that I said Robert Masters one of Sr S. Barnardiston's Jury was a principal Witness against Colledge But I must acknowledge that Richard was the Witness Robert the Jury man was his Brother and only suck'd the same Milk with him Habeas Corpus granted the day before to be arraigned when yet no Bill was exhibited against me and my Prosecutors could not know it would be found unless they had a Correspondence with the Grand Jury That the Jury was not summoned by the Bailiff but agreed upon by the Vnder-Sheriff and Graham and Burton Upon the Sentence he expressed himself in that excellent manner which the Reader may turn to in the first part of the Display of Tyranny Page 200. Whereupon the Chief Justice foaming at the Mouth told him he was mad To which Colonel Sidney with great composure and gallantry of mind stretching out his hand said My Lord feel my Pulse and see if I am disordered I bless my God I never was in better Temper than I now am Dr. Chamberlaine being examined deposed That meeting the Lord Hallifax in the Gallery at White-hall he asked his Lordship whether the Aldermen were to blame that defended the City Charter and he believes he did not blame them but said the King must or will have the Charter he rather thinks it was must have it he believes he might tell this to the Duke of Monmouth my Lord Russell and others That it was for Sr John Laurence's sake he asked the Lord Hallifax and to him he gave advice to take care in what he did he being one of the Committee to defend the Charter A Memorial of the Numbers of Charters Dispensations and Pardons passed between October 1682 and the time of the late King's Abdication THe Marquess of Hallifax was Lord Privy Seal from October 1682. to February 1684. In which time 166 Charters were granted whereof one passed immediatè No Dispensations passed in that time In that time 47. Pardons with Non-Obstante's and Clauses with Dispensations were granted whereof three passed immediatè The Earl of Clarendon was Lord Privy Seal from February 1684 to December 1685. in which time 94. Charters were granted whereof 17 passed immediate No Dispensations passed in that time In that time 10 Pardon with Non-Obstante's and Clauses with Dispensations were granted whereof two passed immediatè The Lord Tiveot and others were Commissioners of the Privy Seal from December 1685. to March 1686 7. in which time 26 Charters were granted which passed in the usual manner Dispensations with the Penal Laws in that time were Six whereof one was immediatè In that time 70. Pardons with Non-Obstante's were passed whereof one of them immediatè The Lord Arundel of Wardour was Lord Privy Seal from March 1686 7. to 4 Jacobi 2. in which time 56 Charers were granted whereof 41. passed immediatè Dispensations in that time were 35. whereof 3 passed immediate In that time were 47 Pardons with Non-Obstante's passed whereof 25 passed immediate These are the heads of the Earl of Stamford's Report which being read in the House of Lords the same was by Order sent down to the House of Commons for their Information in these Affairs Copies of some Papers mentioned in or relating to the forgoing Informations Copy of the Advertisment in the Gazette Number 1880. November 26. 1683. relating to the Duke of Monmouth mentioned in the Examinations of Mr Row and Mr Yard WHite-hall November 25. His Majesty having this afternoon called an Extraordinary Council was pleased to acquaint them that the Duke of Monmouth did the last night surrender himself to Mr Secretary Jenkins having before writ a very submissive Letter to his Majesty entirely resigning himself to his Majesty's disposal That his Majesty his Royal Highness went down to Mr Secretary's Office where the Duke of Monmouth was who shewed himself very sensible of his crime in the late Conspiracy making a full Declaration of it And that having shewed an extraordinary penitence for the same and
Trayterous discourses and boastings of the Factious and Malecontent Party which I encounter I mean not Papists for I know not one Person avowedly so about London as tho' the whole Nation were ready as the Men I talk of vainly flatter themselves by a unanimous and universal consent to degenerate and apostatize to Popery and Slavery But Methinks they should be too early and too quick in their expectation that the English Nation should no sooner see the Yoke of the Oppressors in a most wonderful manner broken by the immediate hand of Heaven but it should tamely submit unto nay Court with them the intolerable Yoke of France and that at a Juncture when it is thrown off by a Bigotted Popish Prince who has been for a long time an unhappy Instrument in the hands of the Bloody Tyrant of France to the oppressing and destroying the most antient pure and best Christians upon the Face of the Earth the Vaudois That we have such a Race of Animals walking and that with no more than two Legs apiece amongst us is too well known to be denyed or dissembled and one would think that their Practices which are so grosly evil and eminently dangerous should not be countenanced or defended but which is to be lamented they have their powerful Abettors and Patrons and therefore 't is to be wisht that their Edge may be blunted and their effronted Impudence duely censured Sir As to these Collections if that may be any invitation to your throwing away a very few hours upon their perusal I do assure you that I have made them with all due regard to Truth and am not conscious of one Mistake or untruth in the whole Work my Care in that point has put me to much trouble and some charge for where I doubted I have travelled to receive true and certain Information of matters of Fact and such Materials as I wanted which were upon Record I fetcht from thence and therefore the certainty of matters here told must atone for the want of Method and delighting Language I had the Promise and so I thought assurance of some things at least as valuable as the best things in this Tract can be esteemed to be but some Men are too zealously intent and busie in their private Affairs to be publick-spirited though I remember the time when they were eminently so therefore to touch that Point no further at present I shall only say I have done Vt potui and wish that some other Person who could have done this to more advantage had undertaken the Task I am what I alwayes was and ever will be SIR Your Honourer and most humbly-devoted Servant July 10th 1690. To the Publick-Spirited READER 'T Is not my design in this Address to commend this Pamphlet or to invite Thee to throw away thy time or money upon it for I must tell thee truly that tho' the Matters here treated of are worthy of any Man 's considering and are not to be forgotten yet the Disadvantages and Discouragements which I have been under in compiling the History thereof have been such that when thou goest to read them thou will I doubt meet with disappointment and fall short of the satisfaction thou mayst promise thy self for it will appear short immethodical and very confused but I did my best here is a geat deal of matter brought into a narrow compass and the thing had heen something valuable if some Persons had furnished the Materials which they promised and others had in time found leisure to lend what I at last obtained but they came late to my hand so that I could not methodize what thou here findest better or otherwise than thou seest If thou dislikest the Book upon these or any other Reasons thou mayst let alone and then there 's no Harm done And And after this fair Caution thou wilt buy and read it and the nature of the thing should render it any way grateful and thou canst find in thy heart to employ a little time in a Work of this kind in wich I have quite tired my self I do here present thee with Heads sufficient to fill a Folio viz. The Tryal and Case of him who is the best Pattern for Magistrates in England That of the Right Honourable Sr Thomas Pilkington most happily at this time Lord Mayor of London with the Duke of York wherein a Hertfordshire-Jury gave the Duke 100000 l. Damages His Lordship's Tryal with Bolsworth wherein a Surry-Jury gave the Perfumer 800 l. Damages The Tryal of Sr Patience Ward upon a Pretence of Perjury but in truth for putting the Inscription upon the Monument notifying to the Ages to come that the Papists burnt London The Tryals of Sr Trevor Williams Mr Arnold and Mr Colt with the Duke of Beaufort The Tryal of the Grave and most Pious and highly learned Mr Baxter The two Tryals of the Reverend and eminently learned Divine and incomparable good English-man Mr Johnson the Confessor for the English Liberties The Proceedings between the Duke of York and Mr Covert of Chichester wherein 100000 l. Damages were given to the Duke The Prosecution of Mr Aaron Smith for his honest and undaunted Assistance of Stephen Colledge at Oxford And for his not Witnessing against Colonel Sidney according to the Advice of Sr A. P. The Tryal of Mr Gutch of Bath with a Bishop The Prosecutions and Tryals of Mr Roswel the Minister Mr Whitaker Mr Wilmer Mr Culliford Mr Best Mr Samuel Harris Mr Joseph Brown cum multis alijs My good Friend I have here cut thee out Work and therefore not to detain thee from it I bid thee heartily Farewell The CONTENTS REmarks upon the Tryal of Mr Braddon and Mr Speke in relation to the Murther of the Earl of Essex pag. 1. An Abstract of Proofs made before the House of Lords in relation to the Earl of Exssex's Murder pag. 31. Remarks upon the proceedings in the King's Bench in the Case of Fitz-Harris pag. 52. Heads of the Speeches and Resolves in the Oxford Parliament about Fitz-Harris p. 57. The Protest of the Lords upon the Refusal of the Impeachment against Fitz-Harris p. 64. The Indictment and Plea of Fitz-Harris in the Court of King's Bench p. 67. Tue Arguments upon the Plea p. 75. The Tryal of Fitz-Harris at the King's Bench Bar p. 122. The Libel given in Evidence against Fitz-Harris as it was read to the Jury p. 127. The Examination of Fitz-Harris by Sr Robert Clayton and Sr George Treby p. 149. Remarks thereupon and upon Dr Hawkins his Sham Confession published in the Name of Fitz. Harris p. 153. Remarks upon Mrs Gannt's Tryal p. 159. Mrs Gaunt's Speech p. 166. Remarks upon the Tryal of Mr Joseph Hayes p. 172. A touch of Mr Roswell's Tryal p. 199. Remarks upon Mr Charles Bateman's Tryal p. 201. Remarks upon my Lord Delamere's Tryal p. 217. The Fanatical Presentment of the Cheshire Grand Jury in 1683 against my Lord of Macclesfield my Lord Delamere and twenty
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
Whitehall insomuch that he who had the Power of Life and Death positively declared that he should dye and to prevent his further discovery which he had promised to make he is instantly removed and kept most closely in the Tower where he was most rigorously handled to make him retract his Confession The Conspirators being thus defeated of this hopeful Fanatick Plot calculated for the entertainment of the Oxford Parliament and well knowing that Fitz-H and his Wife could make it out who set them to work and that he was paid 250 l. at White-hall for this Service They came to a resolution that the Parliament must not pry into this mistery of Iniquity however The Parliament being met the House of Commons fell upon it and on Friday the 25th of March 1681. Upon the reading Sr Robert Clayton's and Sr George Treby's Examination of Fitz-Harris Sr John Hotham moved that it might be printed to show the World the devilish Conspiracies of the Papists which motion was seconded by Sr William Jones who said that People had been prevailed upon to believe the Plot not true and that that Examination confirmed the Informations of Otes and Bedloe Sr Francis Winnington added that the Treasonable Paper of Fitz-Harris was to have been sent to many Gentlemen and they to have been seized thereupon as Traytors in a Conspiracy against the King That all was at stake therefore let not our Courage lessen Let us go to the bottom of this business of Fitz-Harris I move he may be impeached of High-Treason and it may be he will relent and tell you all Sr Robert Clayton then said That when F. Harris his Examination was taken at Newgate he told him that he thought he had not dealt ingenuously unless he would tell what Council he had for drawing the Paper and that he had him be ingenuous in the whole matter and he would come and take his further Examination and that F. Harris having promised this he was removed out of their reach into the Tower Wherepon an Impeachment was ordered Sr L. Jenkins commanded to carry it to the Lords and Col. Birch said That we ought all to give God thanks for this discovery of Fitz-Harris next to the first discovery of the Plot. Upon Saturday the 26th of March 1681 the House of Commons being informed that the House of Lords had refused to proceed upon the Impeachment Sr Thomas Lee said That he saw by the Lords refusing the Impeachment no further use of Parliaments That they would be a Court or not a Court to serve a present purpose Then Sr William Jones spoke to this effect Indictments were brought against the Lords in the Tower and yet that was no impediment to their Impeachment in the Lords House but here is no Indictment or Prosecution brought against Fitz-Harris We have an instance fresh in memory Scroggs a Commoner and not indicted at Common-Law yet the Lords without scruple accepted his Impeachment We find the Lords have determined a great point The Lords Spiritual as well as Temporal have voted the refusal of the Impeachment of Fitz-Harris which we own not in this Judicature nor I hope never shall and We are denyed Justice by the Lords Spiritual who have no right to Vote This is a double act of Injustice Let us then Vote That the Commons have a Right to impeach in capital Cases and that the Lords have denyed us Justice in refusing the Impeachment in a Parliamentary way At a Conferrence show how unwarrantable the Lords Actions have been and if the dissolution of the Parl. follows it s the fault of those Men who will not hear our Reasons Sr Francis Winnington backt this Motion and said This Impeachment is not an ordinary Accusation but it relates to our Religion and Property and how the Bishops come to stifle this let God and the World judge If the Lords will vote that the Commons shall not impeach him They may as well vote they shall not be Prosecutors This is a new Plot against the Protestants of which F. Harris is accused and We must not Impeach him In this the Lords say we must not hear it I desire you would come to some Vote you are willing to discover the Plot if you could If our time be short as I believe it is pray come to some Resolution to assert your Right A little while ago when the Duke was presented for a Papist the Grand-Jury was dismissed by the Chief Justice This seems as if the Lords would justifie the Judges Proceedings by their own If no Man doubts our Right pray vote it Sr Robert Howard then spoke to this effect This of Fitz-Harris seems to me to be a more dangerous breath then usual a breath fit to be stifled There is something in this more then ordinary If there be so sacred a respect to common Tryals in Inferiour Courts 't is strange that the House of Commons should be below a Common-Jury It seems the Lords value Fitz-Harris to keep him from us If Dangerfield would speak what he knew nothing of Mercy was too big for him but they hurry Fitz-Harris away to the Tower when he began to confess in Newgate Are you so lost that you have no Mercy left for the Protestant Religion We hear that the French Ambassador had a hand in this Plot which a Jury will not enquire into I must confess that by the carriage of this I have enlarged my suspition for I cannot but suspect unusual ways Something depends upon this Man Sure We must not lay down all Prosecution of the Plot and say that the Protestant Religion shall have no Mercy Fitz-Harris may merit Mercy by Confession and if his breath be stoped by the Lords I am sorry that People will say If it were not for the Lds. F. H. might have discovered all the Conspiracy and the Protestant Religion might have been saved Mr Serjeant Maynard then added We all know what Arts and Crafts have been used to hide the Plot it began with Murder Perjury and Subornation This of Fitz-Harris is a second part of it The Lords deny to receive our Impeachment In effect they make this no Parliament if We are the Prosecutors and they will not hear our Accusation T is strange when their own lives as well as ours are concerned in the Plot When all is at stake We must not prosecute If this be so Holland and Flanders must submit to the French and they run over all This is a strange breach of Priviledge and tends to the danger of the Kings Person and destruction of the Protestant Religion Sr Thomas Player then said This of Fitz-Harris is a considerable confirmation of the former Plot I call it the Old Plot but t is still new upon us when he inclined to discover what he knew he was fetched to White-Hall and sent to the Tower and so We were deprived of all further hopes of discovery and now they stop his Mouth I move therefore That you will declare
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
one is to the matter To the Form 1st The general Allegation that he was impeached de alta Proditione is uncertain it ought to have been particularly set out that the Court might judge Whether it be the same Crime and it is not helped by the Averrment 2dly Here is no Impeachment alledged to be upon Record They make a general Allegation that F. Harris was Impeached Impetitus fuit by the Commons before the Lords Quae quidem Impetitio in pleno robore existit prout per Recordum inde c. Now there is no Impeachment mentioned before And quae quidem Impetitio is a relative Clause and no Impeachment being mentioned before in the Plea there is nothing averred upon the Record to be continued or discontinued for Impetitio does not actively signifie the Impeaching or passively the Person Impeached but it signifies the Impeachment the Accusation which is to be upon Record Therefore when they say he was impeached and afterwards alledge Quae quidem Impetitio remains upon Record that cannot be good for the Relative there is only Illusive For the matter of the Plea 't is a Plea to the Jurisdiction of the Court There the point will be Whether a Suite depending even in a Superior Court can take away the Jurisdiction of an Inferiour Court which had an Original Jurisdiction of the Cause and of the Person at the time of the Fact committed I insist upon these Exceptions Mr Williams for the Prisoner then said I take these things to be admitted Mr Attorney having demurred generally 1. That the Prisoner stands Impeached 2. That the Impeachment is now in being 3. That this was done secundum Legem Consuetudiem Parliamenti and being so remains in plenis suis robore effectu And more particularly the Plea refers to the Record for the parts and Circumstances of the Impeachment prout patet per Record So that it refers the Impeachment to the Record and tells you 't is amongst the Records of that Parliament 4. Moreover That the Treason in the Impeachment and the Treason in the Indictment are one and the same and that this Person Fitz-Harris indicted and F. H. impeached are one and the same Person And withal it appears upon the Record that this Impeachment was depending before the Indictment found for the Parliament was the 21st of March and it appears this is an Indictment of this Term And further it appears not by any thing to the contrary in the Record but that this Parliament is still in being and then it must be admitted so to be Whether your Lordship now will think fit in this Court to proceed upon that Indictment is the substance of the Case I think it will not be denyed but that the Commons may Impeach any Commoner before the Lords That was the Case of Tresilian and Belknap in the time of Richard the second Vpon that Impeachment one of them was Executed and the other Banished in Parliament Mr Attorney allows the Parliament to be a Superior Court but says yet the Inferiour Court having Original Jurisdiction of the Person and Cause may proceed notwithstanding an Impeachment in Parliament I will shew how manifestly an Indictment and an Impeachment differ The Case of an Appeal is like the Case of an Impeachment An Appeal of Murder is at the suite of the Party and in this case 't is at the suite of the Commons t is not in the Name of the King but of all the Commons of England So that 't is like an Appeal and not like an Indictment an Indictment is for the King an Impeachment for the People It is not safe to alter the old ways of Parliament 't is out of the road of Comparisons when they will compare an Indictment and an Impeachment together It becomes not the Justice of this Court to weaken the Methods of Proceedings in Parliament Your proceeding upon this Indictment is to subject the Method of their Proceedings there to the Proceedings of this Court It is not fit that the Justice of the Kingdom and the High Court of Parliament should be crampt by the Methods of an Inferiour Court and a Jury The Parliament is the supreame Court and this Court every way inferiour to it and 't will be very strange that the Supreame Court should be hindred here For the highest Court is always supposed to be the wisest and the Commons in Parliament a greater and wiser Body than a Grand Jury of any one County And the Judges in that Court the Peers to be the Wisest Judges Will the Law of England suffer an Examination Impeachment and Prosecution for Treason to be taken out of the Hands of the greatest and wisest Inquest in England And will it suffer the Judicature to be taken out of the hands of the wisest Judges It stands not with the Wisdom of the Law or of the Constitution of the Government Another thing is this the common Argument in an extraordinary Case there is no Precedent for this way of Proceeding 'T is my Lord Cok's Argument 〈◊〉 Coke's Littleton fol. 108. and in the â—th Instit fol. 17. in the Case of the indictment against the Bishop of Winchester and of that against Mr Plowden He says 't is a dangerous attempt for Inferiour Courts to alter or meddle with the Law of Parliaments So in this case in regard it never was done from the beginning of the World till now it being without President there is no Law for it Another mischief which follows upon this is If you take this Case out of the power of the Parliament and bring it into this Court where the Offence may be pardoned you change the method of proceedings which make the Offence without consent of the Prosecutors not pardonable by Law This may be of dangerous consequence to the Publick by giving this Court a Jurisdiction and possessing it of these Causes expose them to the will of the Prince This way of proceeding inverts the Law in another thing 'T is a Principle that no man's Life is to be put twice in danger for the same thing If you proceed upon this Indictment and he be acquitted will that acquittal bind the Lords in Parliament If they may proceed upon the Impeachment then you invade every English-man's right and his Life may be brought in question twice upon the same account I take it to be a Critical thing now at this time to make such attempts as these are There are Lords now that lie under Impeachments of Treason if you goon in this do you not open a Gap that may be a ground to deliver them By the same Justice the Lords may be tryed by another Court This proceeding will have this effect it will stir up a Question between the Jurisdiction of this Court and the Parliament for in probability if this Person be acquirted the Commons and the Lords too will look into it If he be found guilty here is the Power of the Commons in Impeaching and the Jurisdiction of
for one Offence I will now mention Precedents to prove that this Impeachment is according to the Course and Law of Parliaments Michael de la Poole Rot Park 18 or 28 H. 6. N. 18. was accused by the Commons of Treason and there 't is said that the Course of Parliament is to find out the Truth by Circumstances and such Degrees as the nature of the thing will bear and they are not confined to the strict Rules of other Courts The Earl of Clarendon was Impeached generally and the Commons took time to bring in their Articles I have had the Experience in three or four Parliaments wherein We have been busied with Impeachments tho' We have had no great success in them That tho' the Commons may carry up particular Articles at first yet the Course is for the Lords to receive the general Impeachment and the Commons say that in due time They will bring in their Articles So it was done in the Case of the five Popish Lords and in that Case tho' the Parliament was Dissolved before any Articles sent up yet in the next Parliament the Articles upon the former Impeachments were sent up and received yet Indictments were against them before any Impeachment and preparations made for their Tryals but there hath been no attempt to try them upon the Indictments tho' there have been several Intervals of Parliament Our Case is stronger than that of the Lords for in this the first Suit was in the House of Lords but in the other Case the first was the Suit of the King by Indictment and yet by a subsequent Impeachment that was stop'd and the Lords are yet Prisoners For the Objection That the King may chuse in what Court he will sue It is agreed when it is at his own Suit but this is not so but at the Commons Suit and can be no where else prosecuted but where it depends To conclude This Plea cannot be over-ruled without deciding whether the Lords can proceed upon such general Impeachments and whether the Commons can Impeach in such a general way This Case highly concerns the Jurisdiction of the Lords the Priviledges of the Commons and the Rights of all the People of England Mr Wallop for the Prisoner then argued thus There are in this Plea three principal parts upon which it turns which are expresly alledged 1st That the Prisoner before the Indictment was according to Law and Custom of Parliament Impeached 2d That the Impeachment remains inforce The 3d great Point and Hinge upon which it turns is this That the Treason in the Indictment and the Treason for which he was Impeached is one and the same Treason These three things are confessed by Mr Attorney for all things well alledged and pleaded are confessed by the demurrer I pass the two former points there being no difficulty in them I take the third to be the only point in the Case and if We have well averred it and can by Law be let into such an Averment I hope this Court will not pretend to go on in this Case They object because he is Impeached generally that cannot be averred to be the same and a Demurrer confesses not the Truth of that which by Law cannot be said But if it may be said and is said plainly Then the Demurrer confesses it I conceive the matter is well averrable and We have well averred I grant a Repugnant and impossible Averment cannot be taken But if there be no impossibility repugnancy or contradiction between the matters averred to be the same it is not only allowable to averr it but most proper For quod constat clare non debet verificari In this Case 't is not necessary that it should appear upon view of the Indictment and Impeachment that the matter contained in both is the same But its sufficient that it be provable upon an Issue to be taken and so much is admitted by the Judges in Sparrye's Case Co. 5. Rep. 51. If this matter may appear at first or at last and the thing is possible to be proved We are well enough Corbet and Barnes Case first Croke fol. 320. By taking the Averment We offer them here a fair Issue an Issue of fact tryable by a Jury but the Attorney refuses that and having demurred it must be taken to be true as if found by a Jury And if they had taken Issue upon this Question of fact We might have gone to a Jury where the matter would have been easily proved For upon evidence given The Jury might fairly take into consideration the reading of this very Numerical Libel set forth in the Indictment and the particular and special Debates of the House of Commons thereupon And that upon those very Debates the House voted that Fitz-Harris should be Impeached for matters in that Libel and that upon those Votes the Impeachment was carryed up to the Lords This is Evidence sufficient that the House of Commons intended to accuse him of the same Treason which proves the Issue viz. That the Treason in the Impeachment is the same with that in the Indictment This is not to put the Intention of the Mind or secret Thoughts of the Heart in issue but to put them into a way of proof In the present Case the Intention of the Commons upon the Issue we offered and the Attorney refused might and ought and would have been proved and without doubt found by the Jury Neither is this general Impeachment such a notional thing as is pretended but 't is as if the Commons in Parliament should say We charge him with Crimes that are Treason Now whether those Crimes are the same with those for which he is Indicted is a good and proper Issue And if it appears to the Court to be the same you will certainly take off your Hands from these Proceedings Again they say The Impeachment is too general and no Man shall be put to answer to such a general Accusation And I say so too neither shall Fitz-Harris be put to answer to it without special Articles But here by the Law of Parliament general Impeachments are held good and Articles and Additional Articles also are usually brought in afterwards And therefore We must take the Impeachment as We find it which stands against us as a Record and We must plead it in the same generallity This Impeachment according to the course of Parliament is well lodged in the House of Lords where it only ought to be tryed and we must plead it as we find the Case to be And having averred the Crimes to be the same We have done what we could and therefore enough And That a general Impeachment without Articles is a bar to any Indictment for the same matter was resolved by all the Judges as I am informed in the Case of the Lords in the Tower who were indicted for Treason and afterwards 5th of December 1678. generally Impeached and no Articles exhibited till the 3d of April 1679 And yet in the mean
to do Justice and therefore I cheerfully leave the matter with you I am sure that if God help me and deliver me in this Exigency that it is he and you under him that preserve my Life Gentlemen The great Incertainties Improbabilities and Consequences in this case I hope will be weighed by you and make you the better to consider the proof which is made by none but such as are Strangers to me since then they know me not I hope you will weigh it before you give it against me We must all dye and I am sure it wil be no grief to you to acquit a Man that is innocent I leave it with you The Lord direct you Then Jenner the Recorder to aggravate the matter spoke thus The Treason charged on the Prisoner is of that sort that if he be guilty he will be a just example to terrifie others from doing the like for if Traytors had not persons to supply them with Money abroad it may be they would not have so much Courage to run away We have satisfied you that Sr T. A. was indicted that an Exigent was gone against him upon that account here was a Proclamation and Sr T. A. named in it and so at his rate of talking the Recorder repeated the Evidence of the Witnesses and concluded Gentlemen We think that his defence has been so little and our proof so strong that you have good ground to find him Guilty The Chief Justice then summed up the matter to the Jury in a Speech of of a vast length which was in substance this Gentlemen of the Jury This is an Indictment of high Treason against the Prisoner at the Bar and you are to try it according to your evidence The Prisoner's affirmation of his innocence is not to weigh with you Nay I must tell you I cannot but upon this occasion make a little Reflection upon several of the horrid Conspirators that did not only with as much solemnity imprecate Vengeance upon themselves if they were guilty of any Treason but thought they did God Almighty good service in that hellish Conspiracy It is not unknown one of the Persons proscribed in this Proclamation did declare they should be so far from being esteemed Traytors That they should have Trophies set up for them and all this under the pretence and enamel of Religion Nay I can cite to you an instance of another of the Conspirators that after a full and evident proof and plain Conviction of having an hand in it when he comes upon the Brink of Death and was to answer for that horrid fact before the great God he blessed Almighty God that he dyed by the hand of the Executioner with the Ax and did not dye by the Fiery Tryal He blessed God at the place of Execution that he dyed a Traytor against the King and Government rather than dyed a Martyr for his Religion I think it necessary to make some Reflection upon it when Men under the pretence of Religion are wound up to that heigth to foment Differences to disturb and distract the Government to destroy the Foundations of it to murder his sacred Majesty and his Royal Brother and to subvert our Religion and Liberty and Property and all this carried on upon pretence of doing God good service You are to go according to evidence as the Blood of a Man is precious so the Government also is a precious thing the Life of the King is a precious thing The preservation of our Religion is a precious thing and therefore due regard must be had to all of them I must tell you in this horrid Conspiracy there were several Persons that bore several parts Some that were to head and to consult there was a Council to consider Others were designed to to have a hand in the perpetrating of that horrid Villany that was intended upon the Persons of his Sacred Majesty and his Royal Brother and with them upon the Persons of all his Majesties Loyal Subjects that acted with duty as they ought to do There were others that were to be aiding and assisting as in the case of the Prisoner if you find him guilty aiding abetting assisting by Money or otherwise or harbouring any of those Persons that were concerned therein Then he recounted the Evidence given against the Prisoner and made such Remarks upon the same as he thought fit The Jury withdrew and spent two hours in consideration of the matter and then returning gave their Verdict to the disappointment and vexation of the Chief Justice Common Serjeant and others that the Prisoner was Not Guilty Mr Attorney General thereupon said My Lord tho' they have acquitted him yet the Evidence was so strong that I hope your Lorship and the Court will think fit to bind him to his good behaviour during his Life The Chief Justice answer'd Mr Attorney that is not a proper Motion at this time So the Prisoner was discharged after he had been imprisoned five Months Tho' Mr Hayes to the eternal Honour of some good Men who were upon his Jury came off with his Life he was by this Prosecution beaten out of as good and valuable a Trade as most Linnen Drapers in London had and was by consequence highly impaired in his Estate About the same time Mr Roswell a very worthy Divine was tryed for Treasonable Words in his Pulpit upon the Accusation of very vile and lewd Informers and a Surry Jury found him Guilty of high Treason upon the the most villanous and improbable evidence that had been ever given notwithstanding Sr John Talbot no Countenancer of Dissenters had appeared with great generosity and honour and testified that the most material Witness was as scandalous and infamous a Wretch as lived It was at that time given out by those who thirsted for Blood that Mr Roswel and Mr Hayes should dye together and it was upon good ground believed that the happy deliver ance of Mr Hayes did much contribute to the preservation of Mr Roswel tho' it is very probable that he had not escaped had not Sr John Talbot's worthy and most honourable detestation of that accursed Villany prompted him to repair from the Court of King's Bench to King Charles the second and to make a faithful representation of the Case to him whereby when inhumane bloody Jeffreyes came a little after in a transport of Joy to make his Report of the eminent service he and the Surry Jury had done in finding Mr Roswel guilty the King to his disappointment appeared under some reluctancy and declared that Mr Roswell should not dye And so he was most happily delivered and being by this remarkable Providence of God still alive he would at least in my opinion do a very useful and seasonable piece of service to this Age and to those which are to succeed in publishing a full Account of the whole Proceedings against him Remarks upon the Tryal of Mr Charles Bateman at the Old-Bayly Upon the 9th day of December 1685
and the Prisoner what Gentlemen to apply to for joyning in the Design The second was in London which was assigned to be the Province of my Lord Shaftesbury and the third in the West under the care of my Lord Russell and that the Duke accordingly went his Progress into Cheshire That soon after Mr Crag came over to Holland as I was informed from Major Wildman and gave an account that Men and Money were prepared thereupon the Duke sent over Captain Mathews to Major Wildman to desire him to meet with my Lord Macclesfield Lord Brandon Lord Delamere and I think Mr Charleton and acquaint them that he had ordered his own Affairs to joyn with the Earl of Argyle He likwise sent Crag with a Message to the same purpose to other Friends in London and he dispatched away one Battiscom into the West to prepare things there When Crag returned to the Duke he gave him an account that Major Wildman had procured a Meeting with those Lords and Gentlemen who were all of opinion that the Duke should go for Scotland That Crag said the Prisoner was there There was also a particular Message from Major Wildman to the Duke that he desired he would bring over with him a Broad Seal to seal Commissions with And would take upon him the Title of King Jones came some time after Crag returned and gave an account of other things conformable to what Crag had said and was sent again to England by the Duke to give an account that he was ready to Sail and would land by that time he could get thither The Attorney General demanded of the Lord Grey upon whose assistance the Duke of Monmouth relied He answered I suppose few will believe we were so weary of our Lives 〈◊〉 to come and throw them away with threescore or a few more Men except we had expectation of good Asâ—istance The Duke did very much depend upon Cheshire and upon my Lord Macclesfield my Lord Brandon and my Lord Delamere Mr Nathaniel Wade being sworn â—estified that after the death of King Charles Captain Mathews came to Amâ—terdam and brought word that the Duke of Monmouth would shortly come â—hither to consult with my Lord Argyle and thereupon Mr Wade was sent into Freezland to desire the Earl of Argyle to â—ome to Amsterdam which he did That the Duke and his Lordship haâ—ing concerted matters the Duke sent Captain Mathews to England who amongst other things was to go to the Duke's Friends in Cheshire amongst whom my Lord Delamere was named â—nd the business was to desire them to â—ssist him when he should land That a little after Captain Mathews went Crag came over from Major Wildman to desire them to endeavour a good understanding between the Duke and Argyle who were then at some difference That a little after he was sent back to Major Wildman to desire him to assist them with some Money and he went and returned but brought no Money that thereupon Crag was sent again by the Duke because he did not send him at first the summ demanded was 6000 l. or 4000 l. and at last he sent for 1000 l. That Crag returned with answer that they could not assist them with Money for that they did not know to what end they should have Money but to buy Arms and for that the People were well provided already Whereupon the Duke sent Crag and pawned all his Jewels and fitted out three Ships laden with Ammunition and resolved to go for England having so promised the Earl of Argyle and desired by Mr Crag that since the Lords and Gentlemen who were to assist him had sent no Money they should repair into their own Countries to be ready when he should come That after the Duke Landed he so ordered his march as most conveniently to meet his Cheshire Friends and in pursuance of it They came to Keinsham-Bridge where a Party of the King's Horse set upon them and the Duke's Party took some Prisoners but went not over the Bridge thinking it advisable not to let the King's Army joyn but to go back and engage those that were come together That before Crag's going last away Jones came over to know why VVe stay'd so long and he was dispatched to acquaint them the Duke was coming and was directed to Major Wildman and amongst the rest to my Lord Delamere my Lord Macclesfield and my Lord Brandon to raise what Forces they could to assist him My Lord Delamere then declared that he had never seen Mr Wade's face Then Richard Goodenough witnessed That Mr Jones was sent to my Lord Delamere to give him notice to be ready against the Duke's Landing and to take care to secure himself that he might not be seized in Town That they were informed in Holland that my Lord Delamere was one of the Lords that had promised to draw his Sword in the Duke's behalf and that the Duke told him that he hoped my Lord Delamere would not break his promise with him The High Steward said My Lord Delamere will you ask him any Questions My Lord Delamere answer'd No my Lord I never saw his face before The High Steward replyed That is pretty strange so famous an Under-Sheriff of London and Middlesex as he was Mr. Jones being next sworn testified That he went to Holland where he had business about the latter end of April last That Mr Disney had darkly communicated to him that there were intentions of doing something and desiring to know more of the Design the night before he went he acquainted Disney with his intended Journey and that he intended to see the Duke of Monmouth and if he had any Message to him he would deliver it safely That Mr Disney told him all the Message he should deliver was To desire the Duke to keep to the last conclusion which he would find in a Letter that had been sent to him by the Crop-hair'd Merchant which Message was That the Duke's Friends would not by any means have him come for England but to continue where he was or if he thought fit to go for Scotland they approved it That when Jones came to the Duke and delivered the Message he was in a great Passion and reflected very much on Major Wildman and said 't was too late to send such a Message now for he was resolved to come for England and would make Wildman Hang with him or Fight for it with him That Wildman did think by tying his own Purse to tye his Hands but he should find it should not be so That the Duke told him Money was very short and he had pawned all he had to raise what Money was raised That he would be glad Jones should return to England as soon as he could and that he should tell Wildman that he would come for England and he should either Fight with him or Hang with him and that was all he had to say to him That going again to the Duke the same evening he told him he
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
the Pannel and either he or his Clerk told him that Burton and Graham hadit and when he came again in the Evening to them for it one of them told him They had orders from above not to let him have it Sr James Forbes deposed that the Dake of Monmouth desired him to shew Mr Hambden a Paper written with the King 's own Hand which was for the Duke's owning of the Evidence of Romsey and others That he told the Duke that that Paper would make him infamous and would be a means of destroying many Men's Lives whereupon the Duke sent him with the Paper to the Earl of Anglesey who upon the reading of it presently wrote a a Paper of Reasons against it That before Sr James went to the Earl of A. the Duke told him if it were so as he had told him he would have the Paper again tho' he dyed for it whereupon Sr James ask't him how he would get it That the Duke said the King would shew it him and then he would tear it out of his Hand and then further said the Duke of York was his implacable Enemy That as soon as Mr Hambden had read the Paper he said he was a Dead Man and ask't leave of Sr James to shew it to his Father which he consented to That he returned to the Duke and gave him the Earl of Anglesey's Reasons against the Paper together with his own thoughts of it whereupon the Duke replyed that he saw they had a mind to ruine him and he was only brought into Court to do a Jobb and that he would not Sleep before he had retrived the Paper That the Duke told him how kindly the King had expressed himself to him and Sr James desired the Duke to save Colonel Sidney if possible but he feared he could not but said he had told the King how good a Man the Lord Russell was and how unjustly he had been put to death That at the desire of Mr Hambden the Duke went to visit him before he had his Pardon tho' he thought it to be very dangerous and was with him two or three Hours in private and Sr James believes it was about saving the Colonel's Life That the Duke's Servants told Sr James at the Cock-Pit that they were ordered not to suffer any of his old Friends or Whiggs and such and such in particular to see or pay a Visit to the Duke That the Duke told St James that the Lord Hallifax perswaded him to sign the Paper but whether it were for his good or not he knew not That when Sr James told the Duke how it was reported in the Town that he was come in to be a Witness he answered he never would That the next day after Sr James had given the Duke the Earl of Anglesey's Reasons and Mr Hambden's and his own Opinion Colonel Godfrey came to him and told him that the Duke had recovered the Paper and got it into his own possession and Sr James went to tell Mr Hambden Mr Charlton and Major Wildman of it Colonel Godfrey deposed That the first night the Duke of Monmouth came to Court he went to him with Sr James Forbes and the Duke told them how kind the King was to him in giving him his Pardon and that he believed he owed a great deal of it to the Lord Hallifax and several times he heard him say that the Lord Hallifax had been kind and servicable to him That the Duke said the King told him that he must submit to be askt Questions in publick concerning the Plot and must submit to him and not contradict him That within two or three dayes after the Duke surrendered himself he shewed him a Paper which was a Declaration or seeming Confirmation of the Plot with which the Lord Russell and Colonel Sidney were charged and he thinkes the Paper was signed with the Dukes name to it That the Paper which the Duke got from the King was not the same with the other and he believes he did not see that Paper That the Duke told him after the Paper had been sent to the Council that he had signed such a Paper he understood in general from him that this Paper was a Confirmation of the Plot the Lord Russell and Colonel Sidney suffered upon That he thinks the Duke told him the Lord Hallifax perswaded him to sign that Paper The Reasons he used were that he might keep at Court and be near the King or else he must go from thence Anthony Rowe Esq deposed That the Duke of Monmouth sent him to the King with two or three Letters whom he found very angry with him for the Company he kept Observe here what value that King put upon the Blood of Lord Russell and Col. Sidney c. and particularly the Lord Howard who he said was so ill a Man that he would not hang the worst dog he had on his Evidence That he heard the Duke had a Paper given him from the King to consider of he seemed unwilling to sign it but at last consented so he might not be askt to sign any other He being in the Bed-Chamber when the King told him he should not whether he signed it or not Mr Row knows not That this Paper was given to the King and shewed to the Council but they not likeing it it was either Burnt or Torn and another Paper drawn That about that time some thing of this being put into the Gazette Mr Row acquainted the Duke with it Who was displeased at it and bid them tell every Body they met that it was false That Mr Row doing so in the Coffee-house that night the King was acquainted with it and sent for him early the next morning and chid him and told him he did the Duke more hurt than he was aware of and commanded him to speak no more of it That the Duke told him he was resolved not to sign the second Paper That one day afterwards he and Godfrey and Barker were in the outward Room and the Lord Hallifax was with the Duke and Dutchess in her Room and the Duke came out to them once or twice and at last laid he had done it and that night he seemed angry with himself that he had signed the Paper for that it might hurt others and that if it had concerned none but himself he had not cared but said he would not rest till he had the Paper again and the next morning he told him he had got it That the Duke told them that the King had often press'd him to sign it and told him he should never see his face more if he did not do it but if he would he should ask him nothing but he would grant it But when he did sign it he knows not nor that there was any in the Room but the Dutchess and the Lord Hallifax That the Duke told him after he came out that the Lord Hallifax had over perswaded him and made him do it
and engaged to him the King should never let the Paper be seen and said this was the time to gain the King's favour It being long ago Mr Row declared these things as he believes and to the best of his Remembrance Mr Robert Yard being examined declared that the Advertisement concerning the Duke of M. which was put into the Gazete was what was handled in Council the day after the Duke came in It was the giving an Account of what passed betwixt the King and the Duke That he had the Paper either from the Lord Sunderland or Sr Leoline Jenkins John Hambden Esq declared himself thus His Case is so twisted with those of the Noble Persons whose Murders you enquire after that he knows not how to speak of theirs without relating his his own and that he looks upon himself almost as much murdered as any of them by reason of his Sufferings My Lord Russell and Col. Sidney were clap'd up in the Tower after which he was sent for and brought into the Cabinet Council or select number of Lords and askt whether he was of the Council of six so the Lord Howard was pleased to call it He saw there the King the Lord Keeper North and Lord Hallifax there were some others present whose faces he did not fee he does not remember a Clerk with them my Lord Keeper asked some Questions and so did the King He was pressed much to confess he claimed the Liberty as an English-man not to accuse himself he was sent to the Tower and made close Prisoner he was kept in the strictest custody for twenty Weeks when he had been there after the Lord R. was executed and a little before Col. Sidney was executed he had an intimation by a private note that there was an intention to try him for a Misdemeanour he was bailed out upon 30000 l. After this it happened the D. of M. came in and had a Pardon but several coming to see him he spoke some things freely which did not please the Court and at the Old Dutchess of Richmond 's he spoke as if those Gentlemen that were put to Death dyed unjustly Whereupon after the King was told this by a Lady he would have him confess his being concerned in the Plot and a Paper was drawn to that purpose which the King would have him sign which he did A Gentleman viz. Sr James Forbes came to him from the Duke with the Copy of the Paper the Duke had signed to own the Plot as soon as he saw it he said it was a Confession 〈◊〉 the Plot and according to the Law then in practise it would hang him because a Paper had been given in evidence against Col. Sidney upon which he was condemned for if a Paper which was said and not proved to be writ by him could supply the place of a second Evidence then a Paper which could be proved to be written and signed by the D. of M. might much more properly be made use of as his Evidence to hang other People He said he was told by Sr James Forbes that the D. was in a manner forced to do it and perswaded and overborne in it by the Lord H. when Sr James Forbes went back the D. was concerned to madness and said if he lived till next day he would have the Paper again and accordingly he went to the King and told him he could not rest till he had it The King with great indignation threw him the Paper and bid him never see his face more and he believes he did not and so the Duke went away and by that he escaped the Tryal then He was told by Mr Waller who is since dead that the Duke's owning the Plot to the King was the cause of Colonel Sidney's death for the King ballanced before He was after this brought to a Tryal for Misdemeanour and was convicted on the Lord Howard's evidence He pleaded Magna Charta that a Salvo Contenemento but the Court fined him 4000 l. and to Imprisonment till the Fine paid and security for the good Behaviour The King made his choice of putting him in Prison and he was committed to the Marshal's House in the King's Bench where he was ten Months He offered several summs of Money and they answered they had rather have him rot in Prison than he should pay the Fine After this they put him in the Common Prison where he was kept ten or eleven Months very close then they contrive a Writ called a long Writ to reach his Real and Personal Estate whilst he was thus a Prisoner After this he heard a new Witness appeared which was after the defeat of the Duke of Monmouth He was sent Close Prisoner to the Tower by the Lord Sunderland's Warrant and put into such a Room where he had no conveniency and with two of the Rudest Warders in the Tower to lie in the Room with him After seven or eight weeks he was removed to Newgate where he was kept close eleven weeks his Friends offered Money for his Pardon to some in power who were the Lord Jefferyes and Mr Petre the summ was 6000 l. and that was effectual It is not possible for a Man to suffer more than he did By the help of the Money on condition he would plead Guilty to his Indictment he was to come off His Friends advised him to it because it could hurt none there being none living of those called the Council of six but the Lord Howard Whereupon pleading guilty he was discharged paying 3 or 400 l. to Burton and Graham for the charge of his Pardon As for the Subject matter of what he confessed * The designing to rise in Arms to rescue the Laws and Liberties of his Country when threatned with destruction no man will think he ought to be ashamed that thinks my Lord Russell was Murdered And he said this was the way that our Ancestors always took when the Soveraign Authority came to so great a height as may be made out by many instances he said Custom had made this the Law of England and that all Civilized and well governed Nations about us had used the same way Notwithstanding his pleading Guilty he hath been very ready to secure the Kingdom and he was one of the two or three Men that received Letters from Holland of this Revolution And he saith he thinks King William's coming into England to be nothing else but the Continuation of the Council of six and if not he desires to be better informed Being asked by the Lord H. how he came to send his Wife to the Man whom he thought was instrumental in obtaining the Paper which he thought endangered his Life He answered did not he send his Wife to the Lord Jefferies Mr Petre and others who should he send to but to those in power and who could help him but those in power He did not think that the Lord H. struck directly at his Life or that his Lordship had any personal
time the Judges resolved it at the Council-Table that they could not be proceeded against upon those Indictments tho' the Parliament was dissolved That was a stronger Case than this of Fitz-Harris for there the Inferiour Court was first possessed of the Cause and yet the general Impeachment tyed up the Hands of the Court But here the Parliament was first possest of the Cause which the Inferiour Court cannot take out of their Hands An Impeachment differs also from an Indictment in that in an Indictment you cannot plead auter foitz Arraigned but must plead Auter foitz Convict or Acquit as in Sr William Wishople's Case But in an Impeachment They will acknowledge that after Articles exhibited They cannot proceed upon an Indictment for the same Offence although the Defendant be neither Convict or Acquit I shall say no more but observe how serupulous the Judges have been to touch upon a Case where they had the least suspition that the Parliament had or pretended a Jurisdiction or were possessed of the Cause I am sure I could never obtain any thing by any Labours of mine in those Cases But upon such Motions They being aware of the Consequence would alwayes worship afar off and never come near the Mount They ever retired when They came near the Brink of this Gulf. My Lord If you retain this Cause in consequence you charge your selves with this Mans Blood I leave it to your Wisdom to consider it Then Mr Pollexfen proceeded thus I shall not make any long Argument But I would fain come to the Question if I could for I cannot see what the other side make the Question Our Plea is objected against both for the matter and form But if for the matter it be admitted that an Impeachment for the same matter will out this Court of Jurisdiction I will say nothing of it for that is not then in Question The Chief Justice assented to this saying No not at all Then Mr Pollexfen added The matter then seems to be agreed and only the manner and form of the Plea are in question for the manner they say 't is not alledged there is any Impeachment upon Record I confess Form is a subtile matter in it self and 't is easie for one that reads other Mens Words to make what Construction he will of them even Nolumus to be Volumus To answer the Objection I think 't is as strongly and closely penn'd as can be He was Impeached Quae quidem Impetitio c. What can the Quae quidem signifie but the Impeachment just mentioned before The great Question now is whether this be not too general to alledge that he was Impeached in Parliament and not saying how or for what Crime tho' there be an Averment that 't is for the same Crime whether this Plea should therefore be naught 1st For this of the Averment be the Crimes never so particularly specified in the Record that is pleaded and in that upon which the party is brought in Judicature yet there must be an Averment which is so much the substantial part of the Plea that without it it would be naught and it must come to be tryed Per Pais whether the Offence be the same or not Then the Objection to the generallity is not to the substance but rather an Objection to the Form on their side because the plea alledges the substance that 't is for the same Treason which had not Mr Attorney demurred but taken Issue on must have been tryed Per Pais To speak to the general Allegation that he was Impeached for Treason and not saying particularly what the fact was If they admit the Law That an Impeachment suspends the Jurisdiction of this Court They admit a great part of the fact and then the Question will be what Impeachment will take away the Jurisdiction and there can be but two sorts the one at large where the Offence is specified the other in general words where the Commons Impeach such a one of Treason Now if such an Impeachment be good then have we the most plain Case pleaded that can be as plain as the Fact that this is an Impeachment in Parliament and then this Court is ousted of its Jurisdiction The Court and We are to take notice of the proceedings in other Courts as other Courts are to take notice of the proceedings of this generally the Writ or Declaration as 't is in Sparrye's Case does in all Civil Causes set forth the particularity of the thing in question yet in some Cases it doth not do so but the Course and Practice of some Courts admits general proceedings Now where that is so the party cannot mend himself by making their Course otherwise then it is for he must not say it is more particular then the Course of the Court does make it Therefore he hath no other way by the Law to bring his matter on and help himself but by an Averment that 't is the same The Law must be govern'd by its own proceedings and take notice of the nature of the things depending before the Court and if there is as much of certainty set forth as the Case will admit and is possible to be had We must permit the party to plead as he can and help himself by the Averment Then the Question is Whether an Impeachment generally be good or no If they say it is not then the bottom of the Plea is naught and all is quite gone But if they say it is then I have pleaded my matter as it is For I cannot say that that is particular or make that particular that is not and I have done all that is possible for me to do in my Case I have pleaded what is in the Record and as 't is in the Record from which my Plea must not vary and I have averred 't is for the same matter and you have confessed it by the demurrer I would not entangle the Question but I see not how they can extricate themselves out of this Dilemma if they admit a general Impeachment is good In December 1678. the Lords in the Tower were Indicted and after Decem. the 5th the Commons considering that it was intended to bring them to Tryal before the Peers They purposely to have the carriage and prosecution of this horrid Treason and to take off the Prosecution upon the Indictment Impeach the Lords and the Impeachment is just the same as this in our Plea of Treason but not of any particular Fact Now the Judges took so much notice of it that tho' the Parliament was dissolved before the particular Articles were carried up yet in February following some of the Judges are here and they will rectifie me if I am mistaken the Opinions of the Judges being asked about it at the Council-Board upon the Petition of the Lords to be either bailed or tryed They declared that the Impeachment tho' thus general was so depending in Parliament that they could not be tryed We have pleaded as our
time of day or night it was when he came to his House and whether when he came he alighted at the Stables or not and who took his Horse and at what Door he was let in and who let him into the House Saxon said It was just when it began to be dark that he alighted just at the Old Buildings and that the Man that eaine with him took his Horse and he went into the House and brought out a Candle that he never was at the House before and cannot tell which Door he went in at That the Man went with him just to the Door and let him within the Door and he saw no other man but that man till he came into the Room where my Lord and the two Gentlemen were My Lord D. asked him whether no body else but they were there Saxon answer'd No you were so wise you would let no Body be by Mr Attorney then said My Lord We shall give no more evidence at present but shall rest here till We see what defence this Noble Lord will make for himself My Lord Delamere then proceeded saying May it please your Grace and you my Lords It is an Offence of a very high nature for which I am this day to answer before your Lordships yet I thank God I am not affraid to speak in this place because I am not only very well assured of my own innocence but also well assured of your Lordships Wisdom and Justice which cannot be imposed upon or surprized by Instnuations and slorid Har angues nor governed by any thing but the Justice of the Cause I think that in matters relating to the Church and the things injoyned therein few have conformed more in practise than I have done and yet I am not ashamd to say that I have always a ten derness for all those who could not keep pace with me and Charity for those that have out gone me and differed from me tho' never so far nay tho' of a different Religion for I always thought Religion lay more in Charity than Persecution In every publick Trust I was faithful in the discharge of it for I never voted nor spoke in any manner but as my Conscience and Judgment did dictate to me I have always made the Laws the measure of my Loyalty and have endeavoured as far as in me lay to live peaceably with all men This my Lords was not only the dictates of my own Inclination but it was the Principle of my Father and the Lesson that he taught me Whosoever did know him I dare say did believe him to be a good Man For my part I endeavoured always to imitate his Example and that I hope will go very far to vindicate me from the imputation of being inclined to any such Crime as I stand charged with Here have been a great many Witnesses and a great deal of Swearing but little or nothing of legal Evidence to affect me for there is but one Man that faith any thing home and positively against me All the rest are but Hear-says and such remote Circumstances as may be tack'd to any Evidence against any other Person but are urged against me for want of greater matters to charge me with and therefore I hope the produced pressing of these things against me is rather a strong Argument that I am innocent and that there have been mischievous and ill Designs of some against me than that I am guilty Had they had geater matters your Lordships would have been sure to have heard of them My Lord of Nottingham when he sate in the same place that your Grace does now at the Tryal of my Lord Cornwallis speaking to the Peers had this passage I know your Lordships will weigh the fact with all its Circumstances from which it is to receive its true and its proper doom your Lordships are too just to let pitty make any abatement for the Crime and too wise to suffer Rhethorick to make any Improvement of it This only will be necessary to be observed by all your Lordships That the fouler the Crime is the clearer and plainer ought the proof of it to be 3 There is no other * 'T is then great pitty that the Law as to this is not altered and every English man who may have what Counsel he will in a Cause of 40 s. value allowed Counsel when he is concerded for his Life good reason can be given why the Law refuseth to allow the Prisoner at the Bar Counsel in matter of Fact when Life is concerned but only this because the Evidence by which he is condemned ought to be so very evident and so plain that all the Counsel in the World should not be able to answer it My Lords I think the Evidence given against me doth not come up to this and I hope your Lordships will regard this of my Lord Nottingham's as more worthy of your consideration than the fine Flourishings and Insinuations of the King's Council which tend if it be not so design'd rather to misguide your Lordships than to lead you to find out the truth My Lords I shall begin with Saxon for he I perceive is the great Goliah whose evidence is to maintain this Accusation and if I cut him down I suppose I shall be thought to have done my own business I shall first call some of his Neighbours who have conversed with him and know him My Lord Delamere then called Six Witnesses who proved Saxon to be a very ill Man and to have been guilty of Forgeries and several Cheats That being done his Lordship said I shall pass over this part of my Evidence tho' I have many more Witnesses to this point and come to matter of fact to encounter this positive proof against me Saxon has testified that about the 3d or 4th of June he as on extraordinary Person being confided in was sent for by me to Mere where he found me Sr Robert Cotton and Mr Offley who employed him to transact the stiring up the Country to rise and joyn with the D. of M. Now I will prove that Sr Robert was not in Cheshire for several Months both before and after the time he speaks of and I shall prove he was then in London at that time Mr Billing Sr Robert Cotton's Steward testified that Sr Robert came to London the 10th of April last and that he saw him constantly once or twice a day That about the end of July he went for three dayes to Epsam and came to Town again and continued here till he was committed to the Tower and never was in Cheshire since the 6th of April last Margaret Davis witnessed that Sr Robert Cotton came to Town the 10th of April and has not been out of Town any night since except it were in August The Lord High Steward catcht hold of this saying You say he did not go out of Town till †See here the vast difference between this Tryal before an August Assembly
I have given their Lordships satisfaction in all points and need to give no further Evidence I acknowledge I did go at that time privately a By-Road by the name of Brown as for Jones I appeal to him himself and call God to witness I never saw the Man before now in my Life All that has been said against me except what this Fellow Saxon testifies is but Hear-say nay indeed but Hear-say upon Hear-say at the third and fourth Hand It is at the pleasure of any two Men in the World to take away the Lives Honours Estates of any of your Lordships if it be a proof sufficient to make you guilty of Treason for them to swear you were intended to be drawn into Treason Upon the whole matter my Lords I must leave my Case to the consideration of your Lordships I am not Master of so much Law or Rhetorick as the Kings Council to plead in my own Cause But I hope what Evidence I have offered has given your Lordship full satisfaction that I am not Guilty of what I stand charged with My Lords I would beg you to consider this that if I with those other two Gentlemen that he has named had had any transactions of this kind with such a Fellow as Saxon so as at first sight to put such large confidence in him Can it be imagined I so little regarded my own Life and all that is dear to me as to have surrender'd my self were it not that I was certain of my own innocence and integrity Life it self my Lords is to be preferred above all things but Honour and Innocence and Job saith Skin for Skin and all that a Man hath will he give for his Life and why should I be presumed to have so little a value for it as voluntarily to deliver up my self to destruction had I been Conscious that there was any one who could really testifie any thing that could hurt me Besides my Lords This very Fellow Saxon is but one Evidence and surely one Witness will never be sufficient to convict a Man of Treason tho' thousands of Hear-says and such trivial circumstances be tack'd to it especially when tack'd to an evidence which I dare say your Lordships are far from thinking it deserves credit Would not any of your Lordships think himself in a very bad Condition as to his Fortune if he could produce no better Evidence to prove his Title to his Estate than what has been now produced against me to take away my Life and if such Evidence as this would not be sufficient to support a Title to an Estate certainly it can never be thought sufficient to deprive a Man of Life Honour Estate and All. My Lords God knows how soon the Misfortune of a false Accusation may fall to the Lot of any of your Lordships since that may happen I question not but your Lordships will be very cautious how by an easie Credulity you give encouragement to such a Wickedness For Knights of the Post will not end in my Tryal if they prosper in their Villany and perhaps it may come home to some of your Lordships if such Practices be encouraged My Lords the Eyes of all the Nation are upon your Proceedings this day Nay I may say your Lordships are now judging the Cause of every Man in England that shall hereafter happen to come under the like Circumstances with my self For accordingly as you Judge of me now just so will Inferiour Courts be directed to give their Judgment in time to come Your Lordships very well know Blood once spilt can never be gather'd up again and therefore you I am sure will not hazard the sheding of my Blood upon a doubtful Evidence If it should be indifferent or but doubtful to your Lordships which upon my Proofs I cannot believe it can be whether I am Innocent or Guilty Both God and the Law require you to acquit me My Lords I leave my self My Cause and all the Consequences of it with your Lordships And I pray the All-wise the Almighty God to direct you in your determination Mr Solicitor General then said May it please your Grace and you my Noble Lords The Evidence against this Noble Lord is of two Natures part of it is positive Proof and part is Circumstantial and tho' it be allowed that there must be two Witnesses in cases of Treason and that Circumstances tho' never so strong to fortifie one positive proof cannot make a second positive Witness yet I crave leave to say that there may be Circumstances so strong cogent so violent and necessary to fortifie a positive Testimony That will in Law amount to make a second Witness such as the Law requires My Lords If a man comes and swears against another That he said he will go and kill the King and another Man that did not heare these words testifies his lying in wait That Circumstance of lying in wait that was an Action indifferent in it self when applied to the positive Proof will be a second Witness to satisfie the Law It is not my duty to carry the Evidence in this Case further than it will go and I am sure it is not my Duty to let it lose any of its Weight My Lord Our positive prooff is but one single Witness and that is Saxon Mr Solicitor then repeated his Evidence and went on saying This I must acknowledge standing single will make but one Witness but whether the Circumstances that have been offered by the other Witnesses be such violent Circumstances as necessarily tend to fortifie and support that positive Evidence and so will supply the defect of a second Witness is the next Question I come to consider Mr Solicitor then repeated the Evidence of the Lord Grey and Mr Jones how truly let any who will be at the trouble of reading the Tryal at large judge and proceeded saying Here my Lord is the main Circumstance that renders the matter suspitious But tho it was not observed in she whole Proceeding of the Tryal Vaux witnessed that my Lord sent to him and engaged him the 26th of May to go out of Town with him the next day That very night that Jones came to Town the 27th of May does my Lord Delamere at ten at Night go out of Town under the disguise of the Name of Brown and a By-Road into Cheshire this I say is the Circumstance that renders the thing suspitious But now my Lords comes the Question the main Question how it is made out that my Lord Delamere had notice Jones brought the Message from the Duke of Monmouth Jones indeed does not say that he imparted it to him But Story says that Brand who knew of the Message did acquaint him that my Lord had received it at the Coffee-House and that Night went out of Town It is true this is but a hear-say but that which followed being matter of Fact My Lord 's going out of Town that Night and in such an unusual suspitious
Pique against him but against the Cause he was engaged in His Wife did go several times to the Lord H. and by her he believes he sent him thanks He knows no solid effects of his kindness if there were he desires the Lord H. to tell him in what He believes no part of the 6000 l was given to the Lord H. He never heard any thing of the D. of Monmouth's Confession of the Plot till after the Paper was signed by the Duke and sent to him He has heard it as common talk that the Duke had confessed a Plot and that Mr Waller told him so indefinitely he could not tell whether he meant before the signing the Paper or no He saith what the Duke did at that time was all of a piece whether speaking or writing he is sure that it was with the utmost reluctancy that the Duke signed the Paper He remembers no more in the Cabinet Council but the Lord Radnor besides those he has already named but believes there were three or four more He was bailed the 28th of November 1683. and Colonel Sidney he thinks was Executed the 5th of December following The Duke of Monmouth appeared very firm to him and engaged to do his utmost to save Colonel Sidney He saith he came out of the Tower some days before Colonel Sidney was Executed he had an intention to have visited him but his Friends thought it useless and dangerous to them and that he might write any thing he had to say Accordingly he wrote to him that he would come to him if he desired it but Col. Sidney charged him not to come but to write if he thought any inconveniency would come of it The Messenger which brought him the Message before-mentioned was Dr Hall now Bishop of Oxford who applyed to the Dutchess of Portsmouth for his Release but her answer to him afterwards was That she had tryed and could do nothing for they would rather have him rot in Prison than have the 40000 l. Dame Katharine Armstrong being examined deposed that she demanded a Writ of Error of the Cursitor of London for Sr Thomas Armstrong and told him she was ready to pay all due Fees but he told her she must go to the Attorney General and she demanded it publickly in Court of the Lord Keeper North but he said it was not in him to give but the King Mrs Jane Mathews being examined said that her Father was sent to Prison and could have no Council admitted to him nor any Friends speak with him but in the presence of his Keeper he had one Chain on him and was kept close Prisoner she saith she questions not but to prove the Lord Howard perjured for Sr Thomas could have proved by ten Gentlemen and the Servants of the House those base Reflections the Lord Howard made on him to be falshoods She saith her Father demanded his Tryal and also Counsel in the Court but was denied both the Chief Justice Jefferies telling him they had nothing but the Outlawry to go on Withens Holloway and VValcot were other three of the Judges And she thinks he was brought from aboard the Yatch by the Lord Godolphin's Warrant She saith Mr Richardson beat her Sister while she was asking her Father Blessing She saith that her Father was at Sparrow's at Dinner that day that the Lord Howard swore he was not and she saith that when her Father in Court said My Blood be upon you The Lord Chief Justice Jeffryes said let it let it I am Clamour proof Mrs Katherine Armstrong being examined saith That Captain Richardson used her Father ill and made him lie in a Chain on one Leg and would not let her see him alone and was rude to her and struck her in such manner that she had so fore a Breast that she could not put on Bodies in three quarters of a year She saith she went with her Mother to the Cursitor of London to demand a Writ of Error but he refused it She went also on the same Errand to the Lord Keeper North Mr Attorney and the Lord Chief Justice but had none Mr Richard Wynne declared That he was Solicitor to Colonel Sidney That the Colonel excepted against several of the Judy to some as not being Freeholders and others as being in the King's Service and receiving Wages from his Majesty That presently after the Tryal the Lord Chief Justice sent him Prisoner to the King's Bench Mr Wynne said this to Angier the Foreman of that murdering Jury and to Glisby another of the three Carpenters which were upon that Jury and to another of their Brethren near the King's Bench Court whereupon they went to lay hold upon Mr. Wynne at which instant Mr Forth the King's Joyner coming interposed upon which Angier said Mr Forth will you assist this Man he says Colonel Sidney's Jury was a Loggerheaded Jury To which Mr Forth answer'd I have nothing to do with the Jury but Glisby knows that I know he it a Loggerhead Of this They complained to Jeffryes who committed Mr Wynne and Mr Forth to the King's Bench It cost Mr Forth about 50 l. whereof Burton had 24 l. and he being a Protestant Joyner he ' scap'd well out of their Hands as times then went especially with that Trade for saying the Jury were a Loggerheaded Jury that They had not Evidence sufficient to find such a Verdict or found a Verdict contrary to Evidence Mr Serjeant Rotherham being examined declared That he was of Counsel for Colonel Sidney and drew a Plea for him which the Colonel desired to have read and threw it into the Court It was to distinguish the Treasons laid in the Indictment and quoted the three Acts of Treason But the Court told him if the Plea had any slip in it he must have Judgment of Death pass on him immediately After this he pleaded Not Guilty That he demanded a Copy of the Indictment as his due but the Court refused it him That Col. Sidney told him that they proved the Paper they accused him of to be his Hand-writing by a Banker who only had his hand upon a Bill Col. Sidney quoted the Lady Carr's Case in the King 's Benels Trinity Term 1669 Anno 21. Car. 2. wherein it was adjudged that in a Criminal Case 't is not sufficient for a Witness to swear he believes it to be the hand but that he saw the party write it The words in the Case are That it must be proved that she actually writ it and not her hand â—ut credit Note Colonel Sidney demanded the Copy of the Indictment upon the Statute 46 Edw. 3. which allows it to all Men in all Cases That Colonel Sidney ask'd him with the rest of the Council whether all the Book should be read at his Tryal The Council said it ought The Book was by way of Questions and meerly polemical discourse of Government in general as far as Serjeant Rotherham could find after reading in it several hours He