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A47831 A compendious history of the most remarkable passages of the last fourteen years with an account of the plot, as it was carried on both before and after the fire of London, to this present time. L'Estrange, Roger, Sir, 1616-1704. 1680 (1680) Wing L1228; ESTC R12176 103,587 213

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great Seal of England bearing date at Westminster the said first day of March in the one and thirtieth year of his Majesties reign and here into this most High and Honourable Court produc'd under the said great Seal of his special Grace certain Knowledge and meer Motion hath pardon'd remised released to him the said Earl of Danby all and all manner of Treasons Misprisions of Treasons Confederacies Insurrections Rebellions Felonies Exactions Oppressions publications of words Misprisions Confederacies Concealments Negligences Omissions Offences Crimes Contempts Misdemeanors and Trespasses whatsoever by himself done or with any other person or persons or by any other by the command advice assent consent or procurement of him the said Thomas E. of Danby advis'd committed attempted made perpetrated conceal'd committed or omitted before the 27th day of Feb. then and now last past being also after the time of the said Articles exhibited although the said Premises or any of them did or should touch or concern the person of his said Majesty or any of his publick Negotiations whatsoever and also his Majesties affairs with foreign Embassadors sent to his said Majesty or by not rightly prosecuting his Majesties Instructions and Commands to his Embassadors residing on his Majesties behalf in foreign parts And as to all and singular accessories to the said premises or any of the indicted impeached appealed accused convicted adjudged out lawed condemned or attainted and all and singular Indictments Impeachments Inquisitions Informations Exigents Judgements Attainders Outlaries Convictions pains of Death Corporal punishments Imprisonments Forfeitures Punishments and all other pains and penalties whatsoever for the same or any of them and all and all manner of suits Complaints Impeachments and demands whatsoever Which his said Majesty by reason of the Premises or any of them then had or for the future should have or his heirs or successors any way could have afterwards against him the said Thomas Earl of Danby And also suit of his Majesties peace and whatever to his Majesty his heirs or successors against him the said Earl did or could belong by reason or occasion of the Premises or any of them And his Majesty hath thereby granted his firm Peace to the said Tho. E. of Danby And further his Majesty willed and granted that the said Letters-Patents and the said Pardon and Release therein contain'd as to all the things Pardon'd and Releas'd should be good and effectual in the law though the Treasons Misprisions of Treasons Insurrections Rebellions Felonies Exactions Oppressions Publications of words Misprisions of Confederacies Concealments Negligencies Omissions Offences Crimes Contempts Misdemeanors and Trespasses were not certainly specified And notwithstanding the Statute by the Parliament of King Ed. 3. in the 14th year of his reign made and provided or any other Statute Act or Ordinance to the contrary thereof made and provided And moreover his said now Majesty by his said Letters Patents of his farther Grace did firmly command all and singular Judges Justices Officers and others whatsoever That the said Free and General Pardon of his said Maj. and the general words clauses and sentences abovesaid should be construed and expounded and adjudged in all his Majesties Courts and elsewhere in the most beneficial ample and benign sense And for the better and more firm discharge of the said Earl of and from the crimes and offences aforesaid according to the true intents of his Majesty and in such beneficial manner and form to all intents and purposes whatsoever as if the said Treasons Crimes Offences Concealments Negligencies Omissions Contempts and Trespasses aforesaid and other the said Premises by apt express and special words had been remitted released and pardoned and that the said Letters Patents of Pardon and the Release and Pardon therein contain'd shall be pleaded and allowed in all and every his Majesties Courts and before all his Justices whatsoever without any Writ of allowance any matter cause or thing whatsoever in any wise notwithstanding as by the said Letters Patents themselves more at large appeareth which said Letters Patents follow in these words Carolus Dei Gratia Angliae Scotia Franciae Hibernae Rex Fidei defensor c. Omnibus ad quos prasentes Literae nostrae pervenerint Salutem Sciatis quod nos pro diversis bonis causis considerationibus Nos ad hoc specialiter moventibus de Gratia Nostra speciali mero motu Nostris Pardonavimus Relaxavimus c. And the said Earl doth averr that he the said Thomas Earl of Danby in the said Articles named is the said Thomas Earl of Danby in the said Letters of Pardon here produced likewise named Which Pardon the said Earl doth rely upon and pleaded the same in Bar of the said Impeachment and in discharge of all the Treasons Crimes Misdemeanors and Offences contained or mentioned in the said Articles of Impeachment and every of them And this the said Earl is ready to averr Whereupon he humbly prays the judgement of your Lordships and that his Majesties most Gracious Pardon aforesaid may be allowed And that he the said Earl by vertue hereof may be from all the said Articles of Impeachment and all and every of the Treasons and Crimes therein alledg'd against him acquitted and discharg'd The Earl of Danby having thus put in his Plea to the Articles of Impeachment the Commons referr'd it to the Committee of Secresie to examine the matter of the Plea of the Earl of Danby and to enquire how Presidents stood in relation to the Pardon and in what manner and by what means the same was obtained Who thereupon made their Report That they could find no President that ever any Pardon was granted to any Person impeach'd by the Commons of High Treason and depending the Impeachment So that they presently order'd that a Message should be sent to the Lords to desire their Lordships to demand of the Earl of Danby whether he would rely upon and abide by his Plea or not In the midst of these disputes a business of another Nature intervenes For one Mr. Reading having been accus'd to the Commons for going about to corrupt the Kings Evidence in the behalf of the five Lords in the Tower they presently order'd him to be secur'd and made an Address to his Majesty that he would be pleas'd to issue forth a Commission of Oyer and Terminer for the Tryal of the said Mr. Reading wherein they made the more hast to the end his Tryal might be over before that of the Lords which it was then thought was near at hand Hereupon the Commission was expedited and upon the 24th of this Month the Commissioners met at Westminster-Hall in the Court of Kings Bench. The Commissioners were the twelve Judges of England Sir James Butler Sir Philip Matthews Sir Thomas Orby Sir Thomas Byde Sir William Bowles Sir Thomas Stringer Sir Charles Pitfeld Thomas Robinson Humfrey Wirley Thomas Haryot and Richard Gower Esquires The Prisoner was endicted by the name of Nathaniel Reading for
to the verdict of his Countrey A vanity excusable in him whose vanity had been his ruine and commonly practicable among offenders conceited of their Eloquence that pride themselves to be accompted Swans and the sweet singers of their own Epitaphs By the Conviction of Staly the malice of the Papists hearts appear'd though they conceal'd it with better discretion By the Conviction of Coleman the whole nation and they that doubted most were convinced of the truth of the design So that upon the 28th of Novemb. his Majesty was pleas'd toissue forth his Royal Proclamation wherein he promis'd pardon and 200 l. to any person concern'd in the Plot that would come in and discover before the 25. of December And within two days after his Majesty was also pleas'd to give his Royal assent to an Act to disable Papists to sit in either Houses of Parliament December All this while Colemans Execution was respited For as it was verily thought that he could discover much all endeavours were used to have brought him to a further Confession But he believing himself sure of a pardon from other hands would by no means give ear to those who he had more reason to think had his life at their disposal And therefore finding that he was obstinate to all propositions of grace and favour at length order was given for his Execution It was his misfortune to believe he should have his pardon to the last moment of his life even after he was tyed up But whoever they were those whom he thought his best friends deceiv'd him although to please them he gave thanks to heaven that he dyed a Roman Catholick and absolutely renounc'd the knowledge of Sir Edmundbury Godfrey's death with which asseverations the Executioner did his office the third of this month An unhappy Martyr for his cause if he so thought himself in this that he dy'd for those that less pity'd him than those he had so deeply wronged and were as it is verily presum'd the chief rejoycers that they were so fairly rid of him Had Justice been ready with her prosecution he had not gone alone perhaps but might have had company to have attended him to his imaginary Paradise For upon the 15th of this month John Grove William Ireland and Tho. Pickering apprehended sometime before by the diligent pursuit of the discoverer were also brought to their Tryals at the Sessions in the Old-Baily The Names of the Jury were Sr. William Roberts Bar. Sr. Philip Matthews Bar. Sr. Charles Lee Knight Edward Wilford Esq John Foster Esq Joshua Galliard Esq John Byfield Esq Thomas Egglesfield Esq Thomas Johnson Esq John Pulford Esq Tho. Ernsby Esq Richard Wheeler Gent. The substance of the Indictment was for conspiring and attempting the death of his Sacred Majesty as also for endeavouring and contriving to alter the Religion established in the Nation and to introduce Popery in its room The particular Charges consisted in the particular proofs how every one of these Offenders was particularly concerned for the carrying on and effecting these designs To this purpose it was sworn by Dr. Oates That Whitebread received a Patent from the General of the Jesuites at Rome to be Provincial of the Order in these parts and by vertue of that Commission sent to St. Omers for several of the Society to make their appearance at London to the end they might be personally there at a Consult which was to be held the 24th of April Stilo Veteri That upon the receipt of the said Summons the 5th of April Nine of them of which the Discoverer was one did come to London That upon the said 24th of April the Consult was held at the White Horse Tavern accordingly and that the Prisoners at the Bar were there That it was there resolved that Pickering and Grove should go on in their attempt upon the King for which Grove was to have 1500 l. and Pickering the reward of 30000. Masses Which Result was also sign'd by the Prisoner Ireland That there was an Oath of Secrecy administer'd at the said Consult by Whitebread which Ireland took among the rest Mr. Bedlow swore That either in August or the beginning of September he was at Harcourt's Chamber where it was resolv'd that since the Ruffians had miss'd Killing of the King at Windsor Grove and Pickering should go on and that one Conyers should be joyn'd with them to assassinate the King in his morning walks at New-market and that Ireland was there also heard all and gave his consent Against Grove and Pickering it was sworn by Dr. Oates that he saw them several times walking together in the Park with their screw'd Pistols which were longer than ordinary Pistols but shorter than a Carbine That they had Silver Bullets and that Grove would have had the Bullets chew'd lest the wound should not have prov'd mortal That Pickering had once a fair opportunity but that the flint of his Pistol being loose he durst not venture to give fire and that for that negligence of his he was forc'd to undergo penance and to receive twenty or thirty strokes of Discipline That Grove did go about with one Smith to gather Peter-pence That Grove confess'd to him that he with three Irish-men did fire Southwark for which Grove had 400 l. and the three Irish-men 200 l. apiece Mr. Bedlow swore against Grove in particular that in the business of killing the King he was more forward than the rest and that he should say Since it could not be done clandestinely it should be openly attempted As to the reward he swore it to be the same with Dr. Oates before The defence which the Prisoners made was nothing but a bare denyal of the matter of Fact Only Ireland being charg'd in Aug. labour'd very much to prove that he was out of Town all that time though it were re-prov'd by very good circumstances and upon oath for the King that he was seen in London upon the 12. or 13th of the same month His next defence was a weak reflection upon Dr. Oates's credit to which purpose an Indictment for perjury never prosecuted was urg'd against him but the Attorney General made slight of it as of a thing that had nothing in it Neither was that which Sir Dennis Ashbornham said of greater force seeing that the irregularities of Children are no impediment but that they may prove good men So that the Endictment being fully prov'd against them by good witnesses and the concurrence of the Evidence in every particular the Jury made no long stay before they return'd and brought them in all Guilty After this the Court adjourn'd till the afternoon and then the Prisoners being again brought to the Bar were all three condemn'd to be Hang'd Drawn and Quarter'd While Humane Justice was thus employ'd upon Earth Divine Vengeance was no less active above No longer could it suffer innocent blood to clamour unreveng'd And therefore where Bedlow fail'd much about this time by a strange accident was Praunce
concluding Conference having agreed to the Bill without further amendments and therefore desir'd the concurrence of the Commons Thus at length the Commons agreed to the amendments made by the Lords and sent a message to acquaint the Lords therewith This was done upon the fourteenth day of this month But upon the sixteenth a Message was sent by the Lords to acquaint the Commons that the night before the Earl of Danby had render'd himself to the Gentleman Usher of the Black Rod and that being call'd to the Bar they had sent him to the Tower Thereupon a Committee was appointed to prepare and draw up further Evidence against him and such further Articles as they should see cause Soon after his Majesty was pleas'd to dissolve his Privy Council and to make another consisting of no more than thirty persons And for the management of the Treasury and Navy five Commissiones were appointed for the Treasury and seven for the Admiralty Then the Commons took into consideration the disbanding of the Army and having voted a supply of 264602 l. 17 s. 3 d. to that intent they then voted that Sr. Gilbert Gerrard Sr. Thomas Player Coll. Birch and Coll. Whitley should be Commissioners to pay the disbanded forces off But now to return to the Earl of Danby upon the 25th of this month a message was sent by the Lords to acquaint the Commons that the said Earl had that same day personally appear'd at the Bar of their House and had put in his plea to the Articles of Impeachment against him The Articles were these as they were deliver'd into the House of Lords in the name of the Commons of England by Sir Henry Capel December 23. 1678. I. That he had traiterously encroacht to himself Regal Power by treating in matters of Peace and War with Foreign Ministers and Embassadors and giving instructions to his Majesties Embassadors abroad without communicating the same to the Secretaries of State and the rest of his Majesties Council against the express Declaration of his Majesty in Parliament thereby intending to defeat and overthrow the provision that has been deliberately made by his Majesty and his Parliament for the safety and preservation of his Majesties Kingdoms and Dominions II. That he had traiterously endeavour'd to subvert the ancient and well-establish'd form of Government of this Kingdom and instead thereof to introduce an Arbitrary and Tyrannical form of Government and the better to effect this his purpose he did design the raising of an Army upon pretence of a war against the French King and to continue the same as a standing Army within this Kingdom and an Army so rais'd and no war ensuing an Act of Parliament having past to disband the same and a great sum of money being granted for that end he did continue the same contrary to the said Act and mis-imploy'd the said money given for the disbanding to the continuance thereof and issued out of his Majesties Revenues great sums of money for the said purpose and wilfully neglected to take security of the Pay-master of the Army as the said Act required whereby the said Law is eluded and the Army yet continued to the great danger and unnecessary charge of his Majesty and the whole Kingdome III. That he trayterously intending and designing to alienate the hearts and affections of his Majesties good Subjects from his Royal Person and Government and to hinder the meeting of Parliaments and to deprive his Sacred Majesty of their safe and wholsom counsel and thereby to alter the constitution of the Government of this Kingdom did propose and negotiate a peace for the French King upon terms disadvantagious to the Interest of his Majesty and Kingdom For the doing whereof he did procure a great sum of money from the French King for enabling him to maintain and carry on his said traiterous designs and purposes to the hazard of his Majesties Person and Government IV. That he is Popishly affected and hath traiterously concealed after he had notice the late horrid and bloody Plot and Conspiracy contriv'd by the Papists against his Majesties Person and Government and hath suppress'd the Evidence and reproachfully discountenanc'd the Kings Witnesses in the Discovery of it in favour of Popery immediately tending to the destruction of the Kings Sacred Person and the subversion of the Protestant Religion V. That he hath wasted the Kings Treasure by issuing out of his Majesties Exchequer several branches of his Revenue for unnecessary Pensions and secret services to the value of 〈…〉 within two years and that he hath wholly diverted out of the known method and Government of the Exchequer one whole branch of his Majesties Revenue to private Uses without any accompt to be made of it to his Majesty in his Exchequer contrary to an express Act of Parliament which granted the same And he hath removed two of his Majesties Commissioners of that part of the Revenue for refusing to consent to such his unwarrantable actings therein and to advance money upon that branch of the Revenue for private uses VI. That he hath by indirect means procured from his Majesty to himself divers considerable gifts and Grants of Inheritances of the ancient Revenues of the Crown contrary to Acts of Parliament For which matters and things the Knights Citizens and Burgesses of the Commons in Parliament do in the name of themselves and of all the Commons of England impeach the said Thomas Earl of Danby Lord High Treasurer of England of High Treason and other high Crimes Misdemeanors and Offences in the said Articles contained And the said Commons by Protestation saving to themselves the liberty of exhibiting at any time hereafter any other accusation or Impeachment against the said Earl and also of replying to the answers of which the said Thomas Earl of Danby shall make to the Premises or any of them or any Impeachment or Accusation which shall be by them exhibited as the cause according to proceedings of Parliament shall require Do pray that the said Thomas Earl of Danby may be put to answer all and every the Premises that such proceedings Tryals Examinations and Judgements may be upon them and every one of them had and used as shall be agreeable to Law and Justice and that he may be sequester'd from Parliament and forthwith committed to custody To these Articles the Earl of Danby soon after put in his Plea as follows The Plea of the Earl of Danby late Lord high Treasurer of England to the Articles of Impeachment and other High Crimes Misdemeanors and Offences Exhibited against him by the name of Thomas Earl of Danby Lord High Treasurer of England THE said Earl for Plea saith and humbly offers to your Lordships as to all and every the Treasons Crimes Misdemeanors and Offences contained or mention'd in the said Articles That after the said Articles exhibited namely the first of March now last past the Kings most excellent Majesty by his most gracious Letters of Pardon under his
were not sufficient to oblige them to new resolutions to which the Minister made a brisk return desiring his Grace to take a view of the Covenanted Army assuring him that every man he saw there would dye in the place where he stood in defence of the Covenant His Grace gave no farther answer but that a few minutes would shew the Truth of that if they refus'd his offer The other Gentleman who appear'd to be the more moderate desir'd a Cessation of Arms for one day but being told that it was not to be expected that the Kings Forces should grant that to Rebels he press'd it for a quarter of an hour only His Grace told them if they would go and consider what he had said and send him their proposals in writing he would at any time when he heard their Drum make a stand to receive their papers though the fight should be begun and so dismist them Immediately after that he order'd the Cannon to advance which was brought to the height opposite to the Bridge and while preparation was making to fire upon them they beat a second Parley Whereupon Major Maine was sent to know what it was they desir'd who brought back a Letter to this effect That they had consider'd what had been said but could agree to nothing less than what was in their Declaration That they understood his Grace had brought with him from England some Terms of Accommodation which if he would please to communicate to them he should have their Answer if they were such as they could accept Major Maine was sent back to acquaint them that a more satisfactory Answer was expected therefore they would do well to look to themselves and that their Officers might if they pleas'd retire from the Bridge who were come thither upon the accompt of the Parley for that they should hear from his Grace in another manner As soon as they were retir'd orders were given for the Cannon to fire which they return'd with so smart a Volley from the Bridge that all the Gunners quitted the Guns but soon return'd to them again Major Oglethorp also was order'd to make a Trench on the edge of the Hill to cover his men but before it was finish'd upon firing the Cannon against the Bridge the Rebels began to run from it Whereupon his Grace commanded Major Oglethorp to possess himself of the Bridge but to advance no farther However his men perceiving the Rebels to retire before them could not be hinder'd from passing the Bridge and following them up some part of the rising ground But then the Rebels observing their small number advanc'd upon them and forc'd them to retire to the Houses at the foot of the Bridge Thereupon his Grace sent three hundred foot to second them commanded by the Lord Leviston son to the Earl of Linlithgow who behav'd themselves so well and fir'd so briskly upon the Rebels that the Dragoons and they forc'd the Rebels up the Hill again They were immediately seconded by the Regiment of Guards and by the Troop of Guards led by his Grace No sooner were those Troops pass'd the Bridge but the Rebels fell to running though they rallied again upon Hamilton Heath about a quarter of a mile off so that his Grace advanc'd with the Troops that were already pass'd to the top of the Hill and there made a halt to give time to so many of the rest of the Forces to come over as would suffice to make the first Line In the mean while the Rebels were drawing up in Battle directly opposite to the Duke at what time his Grace observing that they were strengthening their left wing with a design to take the advantage of a hollow ground he order'd his own right to be strengthen'd and commanded a hundred Highlanders of the Marquis of Athol's Regiment to post themselves in that hollow and the five Troops of English Dragoons to second them which was no sooner done but they advanc'd upon his Grace as he was forming the second Line The Dukes Highlanders and their foot began the fight in the hollow ground but the Highlanders advancing too far were forced to retreat to the Dragoons At the same time the Cannon fir'd upon their left wing where their strength lay but they had not fir'd above twice before their Horse began to run Whereupon his Grace order'd Major Oglethorp with the Dragoons Major Maine and Captain Claveres with their Troops of Horse and the Earl of Eglington with his Troop of Volunteers to pursue while he follow'd himself with the rest of the Army to the end of the Heath which was about a mile observing such a pace as might not put his men into any disorder The others pursu'd the Rebels so close that there were between seven and eight hundred slain and above twelve hundred taken Prisoners So that the heat of the business was over by one of the Clock Many of the Prisoners were sorely wounded whom his Grace caus'd to be dress'd by his own Chirurgion The Prisoners of note were John Kidd a Minister and one of the most factious among them John King another Minister and one Mr. Carthcart A Captain of Foot was also taken and old Gorden the Laird of Earlston slain The Prisoners were sent to Edinburgh where they were secur'd by the Magistrates of that City July 1679. This growing Rebellion being thus nipt in the bud by the fortunate conduct of his Grace the Duke of Bucclugh and Monmouth His Majesty was pleas'd to publish a Proclamation commanding the Judges and all Magistrates to apprehend and punish all such as should frequent any field Conventicles those Rendezvouses of Rebellion according to the prescript of the Law as also to prosecute with all legal rigour the execrable Murtherers of the late Archbishop of St. Andrews declaring withal that his Majesty being desirous to reclaim all such as had been misled through ignorance or blind zeal had according to the power reserv'd to his Majesty by the fifth Act in the second Session of the second Parliament suspended the execution of all Laws and Acts against such as frequent House-Conventicles in the Low-Countries on the South side of the River Tay excepting the Town of Edinburgh and 2 miles round the same with the Lordships of Musselborough Dalkeith the Cities of St. Andrews Glasgow and Sterling and a mile about each of them But that none under the colour of this favour might presume to preach Rebellion all such as should be suffer'd to preach should give in their Names and find Sureties to the privy Council for their good and peaceable behaviour that but one Preacher should be allow'd to a Parish and none to be allow'd that had appear'd against his Majesty in the late Rebellion nor none that should be admitted by the non-conforming Ministers in any time hereafter This forbearance to continue during his Majesties pleasure and as the Dissenters shall deserve the same Things being thus compos'd in Scotland His Grace the Duke
ten miles from the City of London And the third was a Proclamation that no Officers or Souldiers of his Majesties Guards should be a Papist His Majesty also observing the affection of both His Houses towards His Royal Person and their zeal for the security of the Nation was pleased to make them a most Gratious Speech wherein he gave them thanks for the care which they took of his Government and Person promising to pass all Acts which they should make for preservation of the Protestant Religion During these Proceedings of Parliament and Council one Staley having out of the abundance of his Heart on the fourteenth of November 1678. spoken most desperate treasonable words against the King and being the next day apprehended for the same was brought publicly to his Tryal at the King's Bench Bar in Westminster Hall upon the twenty first of the same Month. This Staley was a Goldsmith in Covent-Garden and the reason of his inveteracy against the King is said to be for that being a Papist and a Goldsmith that dealt in money he found his Trade decay because the Catholicks with whom his chiefest dealings were call'd in their money faster than he desir'd upon the discovery of the Plot. The Treason urged against him was this that being at the Black Lyon in King-street in the new Buildings between High Holborn and Long-acre with one Fromante his Friend the said Fromante among other discourse was saying That the King of England was a great Tormentor of the people of God Upon which the said Staley flew out into a violent Passion and made answer with the addition of other irreverent words That the King was a great Heretick there 's the heart and here 's the hand I would kill him my self These words being spoken in French were distinctly understood by two English Gentlemen that over-heard and saw the said Staley when he spoke them the door of the Room being open And this also in the presence of another that did not understand French to whom the others immediately interpreted the words He was endited for Imagining and Contriving the Death of the King The Jury were Sr. Philip Matthews Sr. Reginald Foster Sr. John Kirk Sr. John Cutler Sr. Richard Blake John Bifield Esq Simon Middleton Esq Thomas Cross Esq Henry Johnson Esq Charles Umphrevil Esq Thomas Egglesfield Esq William Bohee Esq The Witnesses swore the words positively upon him and the Statute of this Kings Reign making desperate words to be Treason was read and urged against him But his defence was weak while he only endeavoured to evade the Crime by alledging a mistake of the Expression as if he had said I will kill my self instead of I will kill him my self But that shift would not serve for the Jury soon brought him in Guilty whereupon he was condemn'd to be hang'd drawn and quarter'd which Sentence was upon the 26th of the same month executed accordingly So that he had this honour to be the Popes first Martyr for the Plot. It was his Majesties pleasure that his Relations should have the disposal of his Quarters to give them a decent and private burial but they abusing his gracious favour with a publick and more than ordinary funeral Pomp his buried Quarters were ordered to be taken up and to be disposed by the Common Executioner upon the Gates of the City 1678. Next to him Coleman became the publick spectacle of his own conceit and Ambition He had been committed to Newgate by the Council upon the 30th of September which was the next day after Dr. Oates's first Examination He was brought to his Tryal upon the 27th of November before the Judges of the Kings Bench. The Jury were Sr. Reginald Foster Sr. Charles Lee Edward Wilford Esq John Bathurst Esq Joshua Galliard Esq John Bifield Esq Simon Middleton Esq Henry Johnson Charles Umphrevile Thomas Johnson Thomas Egglesfield William Bohee The general Charge of the Enditement was for an intention and endeavour to murder the King for an endeavour and attempt to change the Government of the Nation for an endeavour to alter the Protestant Religion and instead thereof to introduce the Romish Superstition and Popery The particular Charges were one or two Letters written to Monsieur Le Chaise Confessor to the King of France to excite and stir him up to procure aid and assistance from a Forreign Prince Arms and Levies of Men. That this Letter was delivered and an Answer by him received with a promise that he should have Assistance That he wrote other Letters to Sr. William Throckmorton who traiterously conspired with him and had intelligence from time to time from him The main things insisted upon for the Evidence to prove were first That there had been a more than ordinary design to bring in the Popish and extirpate the Protestant Religion That the first On-set was to be made by a whole Troop of Jesuites and Priests who were sent into England from the Seminaries where they had been train'd up in all the Arts of deluding the people That there was a Summons of the principal Jesuits the most able for their head-pieces who were to meet in the April or May before to consult of things of no less weight than how to take away the Life of the King That there was an Oath of Secrecy taken and that upon the Sacrament That there were two Villains among them who undertook that execrable work for the rewards that were promised them Money in case they succeeded and Masses for their souls if they perished That if the first fail'd there were also four Irish men recommended to the Caball men of mean and desperate Fortunes to make the same attempt when the King was the last Summer at Windsor That Forces Aids and Assistances were prepared to be ready both at home and abroad to second the Design That Mr. Coleman knew of all this and encouraged a Messenger to carry money down as a reward of those Murderers that were at Windsor That there were Negotiations to be maintain'd with publick persons abroad money to be procured partly from friends at home and partly beyond Seas from those that wish'd them well in all which Negotiations Mr. Coleman had a busie hand That this Conspiracy went so far that General Officers were named and appointed and many engaged if not listed and this not only in England but in Ireland likewise That the great Civil Offices and Dignities of the Kingdom were also to be disposed of and that Coleman was to have been Secretary of State and had a Commission from the Superiours of the Jesuits to act in that Quality That he had treated by vertue thereof with Father Ferrier and La Chaise Confessors of the King of France for the Dissolution of the Parliament and Extirpation of the Protestant Religion to which purpose he had penned a Declaration with his own hand to justifie the Action when the Parliament was dissolved That he kept intelligence with Cardinal Norfolk with Father Sheldon and
to the same Punishments And not only so but that they had been forc'd also to stoop under the Yoak of Oppression in their Civil Interests their Bodies Liberties and Estates So that all manner of Outrages had been exercis'd upon them through a tract of several Years past particularly in the Year 1678. by sending among them an Armed host of Barbarous Savages contrary to all Law and Humanity and by laying upon them several Impositions and Taxes by a prelimited and over-awed Convention of Estates in July 1678. for keeping up an armed Force entrusted for the most part into the Hands of avow'd Papist or their Favourers by whom sundry invasions had been made upon them and incredible Insolencies committed against them their Ministers and People being by them frequently hunted after and apprehended while meeting in Houses for Divine Worship So that being necessitated to attend the Lord's Ordinances in fields and desert places there they had also been hunted out and Assaulted to the Effusion of their Blood whereby they were inevitably constrain'd either to defend themselves by Arms at these Meetings or to be altogether depriv'd of the Gospel preach'd by their faithful Ministers That upon the first day of June last being the Lord's Day Captain Graham of Clover-House being Warranted by Proclamation to kill whom soever he found in Arms at field-Conventicles and making Resistance furiously assaulted the People there assembled and further to provoke them bound a Minister with some others whom he had found in Houses that Morning so that they were forc'd to stand to their own-Defence whereby it happen'd that several were slain on both sides Being therefore thus inevitably forc'd to betake themselves to the last Remedy in regard the Magistrates had shut the door of the Law against their Applications They thought themselves bound to declare That these with many other horrid Grievances both in Church and State were the true Cause of this their Lawful and Innocent Self-defence And they did most solemnly in the presence of God declare that the true Reasons of their continuing in Arms were candidly and simply I. The defence and security of the true Protestant Religion and Presbyterian Government founded upon the Word and summarily comprehended in the Confessions of Faith and established by the Laws of the Land to which King Nobles and People were solemnly engag'd by the National Solemn League and Covenant More particularly the defending and maintaining the Kingly Authority of Christ over his Church against all sinful Supremacy derogatory thereto II. The defence and preservation of his Majesty his Person and Authority in the preservation and defence of that true Religion and Liberties of the Kingdom That the World might bear witness of their Loyalty and that they had no thought or intention to diminish his just Power and Greatness III. To obtain a free and unlimited Parliament and a free general Assembly in order to the redressing of their Grievances to prevent Popery and to extirpate Prelacy from among them This therefore being the Cause they appear'd for and resolv'd to own They humbly requested the King's Majesty to restore all things as he found them when God brought him home to his Kingdom Or if that could not be obtain'd then they heartily invited intreated besought and obtested in the bowels of Jesus Christ all who were under the same Bonds with them to meet in the Defence of the Common Cause and Interest And they requested their Country-men the standing Forces of the Kingdom of whom many were their Friends and Relations not to Fight against them lest in so doing they should be found Fighting against the Lord whose Cause and Quarrel they were sure he would own seeing they fought under his Banner who was the Lord of Hosts Upon the publishing of this Declaration the Numbers of the Rebels increas'd and they began to embody themselves to maintain their zealous Madness Insomuch that at the latter end of this Month about four-score of their Number well mounted and arm'd went to a place call'd Rugland and there Proclaim'd the Covenant and burn'd several Acts of the Scotish Parliament as the Act concerning the King's Supremacy the Recissory Act and the Act appointing the Anniversary of the twenty ninth of May. And that being done they affix'd a certain Scandalous and Traiterous Paper or Declaration on the Market-Cross of the same Town different from what has been already repeated and in the following scurrilous Terms The Declaration of the Rebels in the very words as it was design'd to have been put up by them at Glasgow and actually set up at Rugland AS the Lord had been pleas'd still to preserve and keep his Interest in the Land by the Testimony of some faithful Witnesses from the beginning so in our days some have not been wanting who through the greatest of hazards had added their Testimonies to those who have gone before them by suffering Death Banishment Torturings Finings Forfeitures Imprisonments c. flowing from cruel and perfidious Adversaries to the Church and Kingdom of our Lord Jesus Christ in the Land Therefore We owning the Interest of Christ according to the Word of the Lord and the National and Solemn League and Covenant desire to add our Testimony to the Testimony of the Worthies that have gone before though unworthy yet hoping as true Members of the Church of Scotland and that against all things that have been done prejudicial to his Interest from the beginning of the Work of Reformation in Scotland especially from the Year 1648. to the Year 1660. against these following Acts. As 1. The Act of Supremacy 2. The Declaration whereby the Covenants are condemned 3. The Act for the Eversion of the Established Government of the Church and for Establishing of Prelacy and for outing of Christ's Ministers who could not conform thereto by an Act Recissory of all Acts of Parliament and Assemblies for the Establishment of the Government of the Church of Scotland according to the Word As likewise that Act of Council at Glasgow putting that Act Recissory in Execution whereby at one time were violently cast out above three hundred Ministers without Legal Procedures Likewise the Act appointing a holy Anniversary to be kept upon the twenty ninth day of May for the giving thanks for the upsetting of a Usurping Power destroying the Interest of the Church in the Land which is to set up the Creature to be worshipp'd in the Room of our great Redeemer and to consent to the assuming the Power that is proper to the Lord alone for the appointing of Ordinances in his Church As particularly the Government thereof and the keeping of a Holiday and all other sinful and unlawful Acts committed by them And for confirmation of this our Testimony we do hereby this day being the twenty ninth of May 1679. publicly burn them at the Cross of Glasgow most justly as they Perfidiously and Blasphemously had burnt our holy Covenant through several Cities of the Covenanted Kingdoms We judge none will