and upon whom the following Vote passed in the House of Commons December the 24th 1680. Resolved Nemine contradicente That Richard Thompson Clerk has publickly defamed his Sacred Majesty preached Sedition Vilified the Reformation promoted Popery by asserting Popish Principles denying the Popish Plot and turning the same upon the Protestants and endeavoured to subvert the Liberty and Property of the Subject and the Rights and Priviledges of Parliament and that he is a Scandal Reproach to his Function Resolved That the said Richard Thompson be Impeached thereupon Men of this Kidney having made way for its belief We were from this time entertained with a Succession of sham Presbyterian-Plots the first thereof known by the name of the Meal-tub-Plot being happily discovered by Mr Dangerfield both Lords and Commons taking the Alarm did set themselves with double diligence to the Prosecution of the Popish-Plot and to find out ways for the Uniting Protestants and for Easing Dissenters so little had the opinion of a Presbyterian-Plot prevailed within their Walls and the Commons seeing a Dissolution at hand passed these Votes December the 15 th 1680. Resolved Nemine contradicente That a Bill be brought in for an Association of all his Majesties Protestant Subjects for the safety of his Majesties Person the defence of the Protestant Religion and the preservation of his Majesties Protestant Subjects against all Invasions and Oppositions whatsoever and for reventing the Duke of York or any Papist from succeeding to the Crown January the 7 th 1680. Resolved That it is the Opinion of this House that there is no security or safety for the Protestant Religion the King's Life or the well Constituted and Established Government of this Kingdom without passing a Bill for disabling James Duke of York to inherit the Imperial Crown of England and Ireland and to rely upon any other means or remedies without such a Bill is not only insufficient bâ—… dangerous January the 10 th 1680. Resolved That it is the Opinion of this House that the Prosecution of Protestant Dissenters upon the Penal Laws is at this time grievous to the Subjects a weakning of the Protestant Interest and encouragement to Popery and dangerous to the Peace of the Kingdom The next Moment after the passing this Vote the Parliament was prorogued for ten days and quickly after dissolved A new Parliament was forthwith Summoned to meet at Oxford the 21 st of March following but though the place was changed the Conspirators found there most of the Zealous Protestant Members of the Westminister Parliament who came thither animated to prosecute the Popish Plot the Exclusion of the Duke and the Uniting of Protestants by Addresses from those whom they represented whereof take an Instance To the Honourable Sr Samuel Barnardiston and Sr William Spring Baronets Knights of the Shire for the County of Suffolk Gentlemen WE the Freeholders of this County having chosen you our Representatives in the last Parliament in which We had satisfactory demonstration of your Zeal for the Protestant Religion of your Loyalty to his Majesties Person and Government and of your faithful Endeavours for the preservation of the Laws our Rights and Properties We now return you our most hearty Thanks and have Vnanimously chosen you to Represent this County at the Parliament to be holden at Oxford the 21 th of March next and though We have not the least distrust of your Wisdom to understand or of your Integrity and Resolution to maintain and promote our common Interest now in so great hazard yet We think it meet at this time of eminent danger to the King and Kingdom to recommend some things to your Care and particularly We do desire First That as hitherto you have so you will vigorously prosecute the execrable Popish Plot now more fully discovered and proved by the Tryal of William late Viscount Stafford Secondly That you will promote a Bill for Excluding James Duke of York and all Popish Successors from the Imperial Crown of this Realm as that which under God may probably be a present and effectual means for the preservation of his Majesties Life which God preserve the Protestant Religion an the well Established Government of this Kingdom Thirdly That you will endeavour the frequent Meeting of Parliaments and their sitting so long as it shall be requisite for the dispatch of those great Affairs for which they are convened as that which is our only Bulwark against Arbitrary Power Fourthly That you will endeavour an happy and necessary Vnion amongst all his Majesties Protestant Subjects by promoting those several good Bills which were to that end before the last Parliament And that till these things be obtained which We conceive necessary even to the Being of this Nation you will not consent to bring any Charge upon our Estates And We do assure you that We will stand by you with our Lives and Fortunes in prosecâ—…ion of the good Ends before recited This Parliament beginning where the former left and being found to adhere unalterably to the Resolution of rooting out the Plot and of Excluding the Duke as the only adequate remedy for all the threatning Evils to the Kingdom they were after a very few days Sitting upon the sudden Dissolved and followed into their own Countries with a Declaration bearing date April the 8 th 1681 pretending to set forth the â—…ses and Reasâ—… that moved the â—…ng to Dissolve that and the preceedâ—… Parliament bâ—…cally designed to expose and blacken those worthy Patriots and to that end it was ordered to be read in all Churches and Chappels throughout the Kingdom which was readily obeyed To wheadle the Nation till it might be noosed that Declaration according to the mode of that Reign spoke and promised fare tho the train was then laid to blow up our Religion Laws and Liberties It exhorted us that the restless malice of Ill Men who were labouring to poison the People might not perswade us that the King did intend to lay aside the use of Parliaments and declared that no Irregularities in Parliaments should ever make him out of love with Parliaments And that he resolved by the Blessing of God to have frequent Parliaments and both in and out of Parliament to use his utmost Endeavours to extirpate he means Establish Popery †Note this was after his Fathers Copy who by a Declaration in the year 1626. to justifie his Arbitrary way of Leveing Money by way of Loane said that his Occasions would not give leave for the calling a Parliament but assured his People that he intended not to serve himself by such ways to the abolishing of Parliaments and yet the Nation saw not a Parliament from the 3 d to the 16 th year of that Reign vide Rushworth's Collections first Part page 418. This Royal Grace or rather Slander upon one of the three Estates was not only proclaimed from the Readers Desks but was promulgated from both Pulpit and Press five days after the emiting this Declaration
part of those Forces with great difficulty caused by them to be Disbanded at the Kingdoms great Expence and it being evident that notwithstanding all the continual endeavours of the Parliament to deliver his Majesty from the Councils and out of the power of the said Duke yet his interest in the Ministry of State and others have been so prevalent that Parliaments have been unreasonably Prorogued and Dissolved when they have been in hot pursuit of the Popish Conspiracies and ill Ministers of State their Assistants And that the said Duke in order to reduce all into his own Power hath procured the Garrisons the Army and Ammunition all the Power of the Seas and Souldiery and Lands belonging to these three Kingdoms to be put into the hands of his Party and their Adherents even in opposition to the Advice and Order of the 〈◊〉 Parliament And as we considering with heavy hearts how greatly the Strength Reputation and Treasure of the Kingdom both at Sea and Land is wasted and consumed and lost by the intricate expensive management of these wicked destructive Designs and finding the same Councils after exemplary Justice upon some of the Conspirators to be still pursued with the utmost devillish Malice and desire of Revenge whereby his Majesty is in continual hazard of being Murdered to make way for the said Duke's advancement to the Crown and the whole Kingdom in such case is destitute of all security of their Religion Laws Estates and Liberty Sad Experience in the Case of Queen Mary having proved the wisest Laws to be of little force to keep out Popery and Tyranny under a Popish Prince We have therefore endeavoured in a Parliamentary way by a Bill for that purpose to Bar and Exclude the said Duke from the Succession to the Crown and to Banish him for ever out of these Kingdoms of England and Ireland But the first means of the King and Kingdoms safety being utterly rejected and We left almost in Despair of obtaining any real and effectual Security and knowing our selves to be intrusted to advise and act for the preservation of his Majesty and the Kingdom and being perswaded in our Consciences that the dangers afore-said are so eminent and pressing that there ought to be no delay of the best means that are in our power to secure the Kingdom against them We have thought fit to propose to all true Protestants an Vnion amongst themselves by solemn and sacred Promise of mutual Defence and Assistance in the preservation of the true Protestant Religion his Majesty's Person and Royal State and our Laws Liberties and Properties and we hold iâ— our bounden Duty to joyn our selves for the same intent in a Declaration of our united Affections and Resolutions in the form ensuing I A. B. do in the Presence of God solemnly Promise Vow and Protest to maintain and defend to the utmost of my Power with my Person and Estate the true Protestant Religion against Popery and all Popish Superstition Idolatry or Innovation and all those who do or shall endeavour to spread or advance it within this Kingdom I will also as far as in me lies maintain and defend his Majesty's Royal Person and Estate as also the Power and Priviledge of Parliaments the lawful Rights and Liberties of the Subjects against all Incroachments and Vsurpation of Arbitrary Power whatsoever and endeavour entirely to Disband all such Mercenary Forces as we have reason to believe were raised to advance it and are still kept up in and about the City of London to the great Amazement and Terror of all the good People of the Land. Moreover James Duke of York having publickly propessed and owned the Popish Religion and notoriously given Life and Birth to the damnable and hellish Plots of the Papists against his Majesty's Person the Protestant Religion and the Government of this Kingdom I will never consent that the said James Duke of York or any other who is or hath been a Papist or any ways adhered to the Papists in their wicked Designs be admitted to the Succession of the Crown of England But by all lawful means and by force of Arms if need so require according to my Ability will oppose him and endeavour to Subdue Expel and Destroy him if he come into England or the Dominions thereof and seek by Force to set up his pretended Title and all such as shall adhere unto him or raise any War Tumult or Sedition for him or by his Command as publick Enemies of our Laws Religion and Country To this end We and every one of Vs whose hands are here-under written do most willingly bind our selves and every one of Vs â—nto the other joyntly and severally in the Bond of one firm and loyal Society or Association and do Promise and Vow before God that with Our joynt and particular Forces We will oppose and pursue unto Destruction all such as upon any Title what soever shall oppose the Just and Righteous ends of this Association and Maintain Protect and Defend all such as shall enter into it in the just performance of the true intent and meaning of it And least this just and pious VVork should be any ways obstructed or hindred for want of Discipline and Conduct or any evil minded Persons under pretence of raising Forces for the Service of this Association should attempt or commit Disorders We will follow such Orders as we shall from time to time receive from this present Parliament whilst it shall be sitting or the major part of the Members of both Houses Subscribing this Association when it shall be prorogued or dissolved and obey such Officers as shall by Them be set over Vs in the several Countries Cities and Burroughs until the next meeting of this or another Parliament and will then shew the same Obedience and Submission to it and those who shall be of it Neither will we for any respect of Persons or Causes or for Fear or Reward separate our selves from this Association or fail in the prosecution thereof during our Lives upon pain of being by the rest of us prosecuted and suppressed as perjured persons and publick Enemies to God the King and our native Country To which Pains and Punishments we do voluntarily submit our selves and every one of us without benefit of any colour or pretence to excuse it In witness of all which Premisses to be inviolably kept we do to this present Writing put our Hands and Seals and shall be most ready to accept and admit any others hereafter into this Society and Association It is to be observed that this Paper had neither date nor any Hand to it nor did it appear of whose Hand-writing it was but Sr Francis Wythens aggravated the matter saying That tho' the Paper began very plausibly and went a great way so yet in the last clause but one they came to perfect levying of War declaring that they would joyn to destroy the mercenary Forces about London the words by the way were to
Law and to defame the Justice of the Kingdom and to render as well the Witnesses as the Coroner contemptible and to deter others from detecting the Designs of Papists and to induce a belief that Green Berry and Hill were unjustly Executed and that Sr Edmundbury Godfry was Felo de se they did most impiously Compose and cause to be Printed and Published two false Scandalous and Defamatory Libels entituled Letters to Mr Miles Prance and three other Scandalous Libels called the Loyal Protestant and true Domestick Intelligence and did by these Libels suggest that Sr Edmundbury Godfry was Felo de se and did reflect on every of the said Witnesses as if they had contradicted themselves and Insinuate that the Coroner's-Jury did at first declare that he was Felo de se and that the Coroner used much Art and Skill to procure their Verdict to the contrary The Jury which tryed this Cause were Peter Houblon John Ellis William Barret Joshua Brooks Gervas Byfeild Jonathan Lee George Widdows William Sambrooke William Jacomb John Delinee Samuel Bayly and Samuel Howard The Counsel for the King were Mr Serjeant Maynard Mr Solicitor General Sr Francis Winnington Mr Williams Mr Thompson Mr Saunders and Mr Gooding Council for Paine Mr Yalden for Thompson Mr Osborne for Farwell Mr Thompson having opened the Indictment Mr Serjeant Maynard spoke to the Crime and declared it to be as impudent a thing as ever was done in that it scandalized the publick Justice of the Nation undertook to vindicate the Murtherers and to accuse the Proceedings of the Nation and then calling the Witnesses Sr John Nicholas Sr Philip Loyd and Mr Bridgman Clerks of the Council proved that the two Letters set forth in the Information were shewed to the Defendants at the Council and that Thompson owned the Printing both of them and that Farwell owned the carrying the first and Paine the carrying the second to Thompson After reading these Letters in Court Thompson's Intelligence of the 17 th of March 1681 was produced wherein it is contained as follows There is not in the said Letter meaning the said first Letter the least Item or Circumstance but what will be by undeniable Evidence made out to be Truth so that Mr Prance having not as yet vouchsafed an Answer to that Letter he will speedily receive a further Letter relating to that Murther wherein the further truth will be set forth and other Circumstances set out Another of those Intelligences of March 11 th 1681. given in Evidence ran thus Whereas Dick Janeway in this days Mercury promises an Answer to the late Letter to Mr Prance c. This is to give him and all the World notice that such an Answer is impatiently expected by the Author of that Letter who questions not but to prove every tittle of that Letter to the satisfaction of all Mankind and then it proceeds to challenge the Lord Mayor Aldermen and Common-Council to inspect the truth of that Letter and says That then the Fraud and Blindness put upon the World in Relation to the Murther of Sr Edmundbury Godfry will be manifestly proved A third of these Intelligences took a further step glorying in an imagined victory in this matter for it sayes Last Wednesday Nathaniel Thompson upon Summons appeared before the Lords of the Council about the Letters to Mr Prance concerning the death of Sr Edmunbury Godfry where he justified the matter and produced the Authors who are ready to prove by undeniable and sub stantial Witnesses c. that every tittle and jot a of these Letters are true And after adds Mr Thompson and the Gentlemen his Friends are to attend the next Wednesday at Council where they do not doubt but that honourable Board will put them into a Method to prove the whole or any particular which their Honours in their great Wisdom shall think convenient to be brought to the Test or Examination An honest English-man can never better express his admiration and detestation of the transcendent impudence of these vile Miscreants then in the Language of the late famous Baron of Wem upon another occasion with a small alteration of Words Good God! whither were we runing when many easie People were so strangely wrought upon by these Impostors and when the villainous and black Designs of some evil Instruments among us were so powerfully abetted and countenanced that they were arrived to this degree of assurance that they could beguile and delude not only some of the Shepherds of our Church of England with their silly innocent Flocks but even the King and his Privy-Council into the belief of so horrid a falshood and that at a time when not a hidden but a deeply contrived and detected Treason was carryed on amongst us for extirpating our Religion termed the Northern Heresie our Laws and Liberties The Conspirators had a fair Game of it whilst these Fellows were believed and they needed no other means to compleat their design I cannot but say my Blood does curdle and my Spirits are raised to see fellows so impudent as to brazen it out as these monstrous Villains do the blackness of their Souls the baseness of their Actions ought to be lookt upon with such horror and detestation as to think them unworthy any longer to tread upon the face of God's Earth But to return to the matter in hand from which I have digressed It being as aforesaid made out that the Defendants had published that what was testified against the Murderers of Sr Edmundbury Godfry was a lye Mr Saunders and Mr Gooding Counsel for Paine declared it was a rash and unadvised Act but not out of Malice and that he was sorry for what he had done and had offered to give any Satisfaction To whom the Lord Chief Justice replyed To me he said he would make it out by five hundred Witnesses they would make it as plain as the day and Counsellor Thompson added since the last time that was appointed for the Tryal they have printed that they would prove it by sixty Witnesses and were very sorry it did not come on Mr Yalden Counsel for Thompson said that he thought his Client was unfortunately drawn into the business by Paine and Farwell who turn all upon him now Mr Osborne Counsel for Farwell said It was a foolish thing to do as he had done but that his Client said he had several Witnesses who being called it was manifest that Farwell designed to have even then raised a doubt whether Sr Edmundbury Godfry was murthered or not but it appeared that of the eleven or twelve Witnesses he called there was not one but was as much against him as could be for they did plainly evince it that Sr Edmundbury Godfry was Killed and that by Strangling and so confirmed the evidence given against Green Berry and Hill. It being thus manifested that this was a cursed combination to affront the publick justice of the Nation and that done to the end to perswade the World there
to wrest from them their undoubted priviledge of chusing Sheriffs I shall take leave to subjoyn a brief account of the Indignities Violence then used towards several of the Chief Magistrates of the City but shall by the way though it comes not in its proper place present the Reader with a Transcript of the New-fashion'd Summons issued by the Lord Mayor upon the extraordinary occasion which then appeared to have Sheriffs of Sr L. Jenkins his Nomination By the Mayor THese are to require you that on Midsummer day next being the day appointed as well for Confirmation of the Person who hath been by me Chosen according to the Antient Custom and Constitution of this City to be one of the Sheriffs of this City and the County of Middlesex for the Year ensuing as for the Election of the other of the said Sheriffs and other Officers you cause the Livery of your Company to meet Together at your Common-Hall early in the Morning and from thence to come together Decently and Orderly in their Gowns to Guild-Hall there to make the said Confirmation and Elections Given this 19th Day of June 1682. Wagstaffe To return to what was last proposed The accustomed day for Swearing the Sheriffs being come the Aldermen were called to Guildhall by Summons from the Lord Mayor as follows Sir your Worship is desired to be at a Cort of Aldermen at Guildhall on Thursday at nine of the Clock in the forenoon in your Violet Gown and Cloke it being the 28th of September Hereupon at that hour six Aldermen viz. Sr John Laurence Sr Robert Clayton Sr Patience VVard Sr Thomas Goold Sr John Shorter and Alderman Cornish went with Mr Papillon and Mr Dubois to Guildhall where Quiney in a very insolent manner came to them and told them he had a command to keep the Hall clear whereupon they demanded whether he did not know them to be Magistrates of the City and could believe his Order reach'd them he replyed that he knew them and they must remove They then said they were summoned and attended in all peaceableness quickly after he accosted them again saying Gentlemen you must withdraw I have a command to require it They then demanded a sight of his Warrant but huffing he said he would shew none to such as they were and then laid hold of Sr P. Ward saying Sr you must remove and in the same manner laid hold of Sr John Laurence pulling him with such violence that he had like to have thrown him down and treating the rest of the Aldermen in that manner they were all forced to retire in this proceeding he was abetted and supported by Mr Wythers Wiseman Nichols Steverton c. then present in Guildhall proper men to be returned to serve upon the Jury in the foregoing Cause The Lord Mayor being come to the Court Mr Papillon and Mr Dubois declared that they were ready and did there tender themselves to take the Office of Sheriffs and to be sworn and humbly prayed the Answer of his Lordship the Court but without condescending thereto the Mayor went to the Hustings calling Mr North and Rich to follow him and there calling them to the Book to be sworn Mr Papillon and Mr Dubois offered themselves to be sworn and Mr Papillon laid his hand on the Book but his Lordship and Sr J. E. Sr W. P. and some other Aldermen commanded them to forbear and keep the Peace and be gone Some of the Aldermen claimed to be heard but the Mayor refused it and proceeded to swear North and Rich whereupon the duely elected Sheriffs with the six Aldermen withdrew protesting against those irregular and arbitrary proceedings Remarks upon the Tryal of my Lord Russell upon the 13 th of July 1683. UPon the Discovery of the Popish Plot the Conspirators finding their measures to be broken as indeed were those of the French King all over Europe they advised King Charles the Second to make use of the Discovery as a Cripple to beg Money of the then approaching Parliament which was immediately to sit for the better effecting thereof the obsequious Clergy were privately instructed to Preach against Popery and to magnifie the Discovery of the Plot this Doctrine was thundered out from the Pulpits till the Dissolution of that notorious Pentionary Parliament Having then found their hopes dash'd new Instructions were given and the Clergy advertised that there was some fear from the Dissenters but yet for a time they were to Preach against Popery but not to talk of the Plot this humour continued till the Dissolution of the Parliament which met in March 1678. was dissolved in May following 1679. Then they received advice that there was a Presbyteterian as well as a Popish plot this made the Ecclesiastical Drums beat loudly against Dissenters and that work was closely followed till the breaking the Parliament at Oxford in the beginning of the year 1681. When the Conspirators influenced too many of the Pulpits to thunder against the credit of the Popish plot and to insinuate a belief of a Presbyterian Plot which they were all the while hammering and by this art they did at length usher it into the World. The Nobility and Gentry of England to make bold with their own words in their Memorial for our now Gracious King and Queen then Prince and Princess of Orange had been as they therein freely confessed too slow to believe the desperate Popish Plot and had been deluded with the King's Promises to protect and maintain the Protestant Religion and the Laws and Government of England until they saw them all undermined But many discerning this Delusion more early than others did the never to be forgotten Duke of Monmouth Earl of Essex Lord Russel and Colonel Sidney with some other great and valuable Persons who were of that well-grounded Opinion That a free Nation like this of England might defend their Religion and Liberties when Invaded and taken from them under pretence and colour of Law began to bethink themselves how to restore Parliaments to their antient freedom and to deliver the Nation from the fury of that Torrent of Popery which they wisely fore-saw ready to break in and carry all before it At this juncture the Conspirators laid hold of the Information given by Keeling of unadvised and rash Discourses of a very small number of Men nine or ten at the most all Strangers to the Persons and honest Consultations of those great Men before named and they cunningly and maliciously â—…atch'd and work'd it into one piece and emitted it to the World by their Declaration read in all Churches under the name of a Presbyterian or Fanatick Plot which they had long wanted Hereupon a Proclamation pursues the Duke of Monmouth and some others designed for destruction who chose to stand aside out of the reach of the Blood-thirsty Conspirators But the Earl of Essex my Lord Russell and Colonel Sidney would not be overcome by the perswasions of those who invited
A DISPLAY OF Tyranny OR REMARKS UPON The Illegal and Arbitrary Proceedings in the Courts of Westminster and Guild-Hall London From the Year 1678. To the Abdication of the late King James in the Year 1688. In which time the Rule was Quod Principi placuit Lexesto First Part. London Printed Anno Angliae Salutis primo 1689. Sold by Book-Sellers in London VVestminster TO The Eminently Deserving and Highly Honoured Sr Samuel Barnardiston Baronet Sir THat I do inscribe these my summary Collections of some few of the Exorbitancies and of the arbitrary illegal and pernicious Practices of the late unhappy Reigns to your Name will as I hope be forgiven when you reflect upon your own dear bought share in the melancholy and tragical Transactions upon which I have spent my thoughts The Names of the late Earl of Shaftesbury of my Lord Russel Col. Sidney and other great Men who were run upon and destroyed by a Race of Men who were raised to the Bench from being the Scandal of the Bar and by ignorant corrupt and partial Jury-Men will be remembred with eternal honour And by consequence it must be yours that you were my Lord Russel's endeared Friend That you served as Foreman of that great Jury which guarded the Earl of Shaftesbury's Life and that you expressed your self with some transport of Joy at the hopes of the brave Colonel Sidney's deliverance and that the sham Protestant Plot was confounded That from hence immediately your late Troubles sprung is fresh in every Bodies remembrance but 't is not so well known that you had the guilt of Original Sin upon you you were a Barnardiston descended of a Family well known and highly esteemed in Suffolk and Lincolnshire for many hundreds of years past which no History remembers to have been clouded but in times when the Laws of England have suffered an Eclipse Your never to be forgotten Father Sr Nathaniel Barnardiston was in the worst of times those in which we have lived excepted a Champion a Resolute Assertor of the English Liberties He in the year 1626 when King Charles the first in a most arbitrary way required money by way of Loan with many other good Patriots refused to subscribe and lend and was thereupon as a refractory Person as was the Language of the Privy Council of that day confined far enough from home in the County of Sussex however he stiffly adhered to his honest resolution against that arbitrary attempt and continued under confinement till the beginning of the year 1628 when that King's straits necessitating a Parliament the Gentlemen imprisoned for refusing the Loane-Money were then released and generally throughout the Kingdom elected to present the Grievances and assert the Liberties of the People in that Parliament as was Sr Nathaniel Barnardiston for his County of Suffolk Sir The Remembrance of this when you were first invited by that County to represent them in Parliament upon the death of Sr Henry North might in all propability provoke a great Minister of State to say that there was reason of State why you must not be Knight of your Shire and therefore he would appoint an easie Gentleman whom he could manage Sheriff to keep you out and so he did as long as he could at a time when that Parliament was corrupted to such a degree that the Fate of the Nation seemed almost to depend upon the Vote of one or two good Members your Country had upon that occasion a manifest demonstration of your Fidelity and Zeal in their Service you did worthily assert the right of that Election than which there never was any more clearly made after a tedious and very expensive attendance in prosecuting your Complaint of that abuse your Election was affirmed in the House of Commons tho' opposed by the united power of Tories Pensioners and Papists you then came into Parliament at a most Critical Juncture When the Protestant Religion and the Laws were eminently beset and dangerously threatned you did most faithfully and unweariedly labour there for some years against very great Discouragements It being in that day a mighty conquest if the true English Gentlemen of that House could for the saving of the Kingdom carry a Question by five or six Voices against the numerous Pensioners who were there listed and fed and paid to betray their Countries Liberties Your demeanour and great desert in that day of England's Distress merited a Title to the Hearts of your Country-Men who with very little opposition if not with an unanimous Voice Elected you for one of their Representatives to the three succeeding Parliaments in which your avowed Opposition to Popery and undaunted Adhesion to the Bill of Exclusion as the only expedient for securing the Protestant Religion markt you out to the Popish Rage These Sir. were in truth your heinous actual transgressions These provoked Jefferies whose Talent lay in facing all things down with Noise and Impudence to discharge a load of Slime and Choler at you your Crimes were complicated and they lie under a very great mistake who think that your Imprisonment and Fine of 10000 l. were only for writing to a Friend what you believed and all good Men passionately desired Having thus mentioned your great Oppression I shall take leave not for your own but for the Reader 's Information to insert the Reasons upon which the House of Lords did lately reverse that unjust and wicked Judgment upon you 1st The Information in this Case being grounded upon Letters which in themselves were not material but made so by Innuendo's their Lordships declared that Innuendo's or supposed or forced Constructions ought not to be allowed for all Accusations should be plain and the Crimes ascertained 2dly That the Fine of 10000 l. is exorbitant and excessive not warranted by legal Precedent in former Ages for all Fines ought to be with a Salvo Contenemento and not to the Parties Ruin. 3 d. That the demanding Sureties for the good Behaviour during Life except in very great and very often repeated Crimes wherein the Publick Peace of the Realm is very much concerned is contrary to the Liberty of the Subject Sir to detain you no longer upon a subject so well known as is that of your own Sufferings and Desert I know not whether I ought to apologize for my frequent using the name of Tory I am conscious that Names of Discrimination and Reproach are offensive to the Ears of good Men therefore to explain my self I intend not thereby to expose the well-deserving and pious Members of the Church of England but I mean the Men who being forsaken of common Sense and Honesty seemed ready to renounce the name of Protestant and gloried in Ranting Damning Swearing Loyalty The Men who encouraged and triumphed in the Murders of late committed amongst us and who to this hour go on to palliat and excuse if not to justifie them The Men who cryed up a Popish Successor as the only means to preserve
the Church of England and who are now for calling him back These were Men who would have finished the Ruin of the Nation in the Dissolution of its antient and well Established Government and in the Blood of its best Patriots They gloryed in calling themselves Tories their Guide and Patron did in their name thrust out stigmatize all the sober and moderate Men of the Church of England with the Name of Trimmers bestowed upon them this Apothegme That a Trimmer is worse than a Rebel Whoever recurs to the Original of that Name in the Observators will find that it pointed at first at two honourable and never to be forgotten Protestants of your Neighbour County the late Lord Townshend and Sr John Hobart of Norfolk and quickly after Dr Fowler Mr Smithee and many other Reverend Divines of the Church of England fell under that Denomination Now surely 't is not a Crime to call such Men as these by the name which they appropriated to themselves and 't were Foolish to esteem Men of their practices to be of any Religion In some cases a Man ought not to be over-patient and it must move any one to hear a Learned Lawyer at the Bar at the time when Popery had actually ascended the Throne in this manner to caress a Tory-Jury Gentlemen I cannot but with much Sorrow remember to you and I know you all remember it too well that there was a time when the City of London was so far corrupted that it was become a Refuge and Sanctuary for high Treason when there was no Justice to be had for the King there when Men lodged themselves within those Walls as a Protection for their Conspiracies We all remember the time when Indictments were perferred and a plain Evidence given to a Grand-Jury even to the publick satisfaction of all that heard it and yet they have refused to find the Bill and not only so but were so abetted by the Rabble that it was scarce safe for the Judges to sit upon the Bench These are things none of us can forget but must be perpetually remembred to the shame of the Authors and Contrivers of them And must it not provoke a Man to hear the following Doctrine from the Pulpit upon the sad occasion of the good Lord Russell's death of whom one of the best Divines now living did truely say that an Age would not repaire that loss to the Nation viz. Cuting of Throats would have been counted only a Scotch way of Triming and the destruction of Princes to be no more but a perfecting the History of the Reformation They who cannot rise up to all the heights of Conformity can yet strain a point upon occasion and rise up to all the heights of Rebellion and Barbarity and had not God marvelously interposed these squeamish Conscience Traytors would have shewed the truth of this Is it not astonishing at this day when the Parliament hath declared that my Lord Russell Colonel Sidney and Sr Thomas Armstrong were murdered to heare an Irish Arch-Deacon who fled hither upon the score of Religion and is a Principal Manager of our Charity to the Irish Protestants publickly ridicule the death of the first two by telling us in an upbraiding way these are your Martyrs and affirm that the last dyed justly and according to Law Would such men as these satisfie the World of their Ingenuity and Repentance these extravagancies undoubtedly ought to be put into utter Oblivion now that Heaven has wrought for us a most signal and miraculous deliverance but which is to be lamented those very Men who carryed us to the very brinck of destruction are not onely remorseless but many of them do make it their business by drinking Popish Healths wishing success to their Arms and spreading false Newes to infect and debauch the Kingdom especially the City and to traduce maligne and undermine the Government under which the divine Providence has so mercifully placed us and therefore they who have given such high provocations and done so much mischief and do still remain impenitent ought not to esteem themselves unkindly used by some tart expressions Sr That I may be justâ—…ied with you who I am sure would believe the best of every Man and make the best of all things I have said much more then I did intend upon this occasion and hope you will forgive it You have very signally and heartily lent and laid out your self in your Countries service that service was not onely difficult and hazardous but it had proved fatal had not Heaven interposed for your deliverance and therefore all true Lovers of old England's welfare must wish that no false Insinuations may lessen you in the esteem of Good Men you have been a publick Good and that obliges me to be Sir Your Honourer and Most Obedient Servant February 10. 1689. The CONTENTS REmarks upon Dr Otes his Tryal pag. 1. Vpon the Tryal of Reading p. 38. Vpon the Tryal of Knox and Lane p. 45. Vpon the Tryal of Tasborough and Price p. 53. Vpon the Proceedings against the Earl of Shaftesbury p. 64. Vpon the Tryal of Stephen Colledge p. 92. Vpon the Tryal of Thompson the Printer Payne and Farwell p. 117. Vpon the Tryal of the pretended Guildhall Riot p. 127. Vpon the Tryal of my Lord Russell p. 155. Vpon the Tryal of Colonel Sidney p. 185. Vpon the Tryal of Sr Samuel Barnardiston p. 207. Vpon the Proceedings against Sr Thomas Armstrong p. 215. Vpon Mr Papillon's Tryal with Sr William Pritchard p. 228. Vpon the Tryal of Alderman Cornish p. 245. REMARKS upon the Tryal of Dr Titus Otes upon an Indictment for Perjury at the King's Bench Bar at VVestminster before Sr George Jeffryes Baron of Wem Lord Chief Justice Whom the House of Commons had recommended to the King by this Vote and an Address thereupon November the 13th 1680. Resolved That Sr George Jeffryes Recorder of London by traducing and obstructing Petitioning for the sitting of this Parliament hath betrayed the Rights of the Subject Ordered That an humble Address be made to his Majesty to remove Sr George Jeffryes out of all publick Offices Mr Justice Wythens Who was advanced to a Seat upon that Bench by the following Vote of the House of Commons October 29. 1680. Resolved That Sr Francis Wythens by promoting and presenting to his Majesty an Address expressing an Abhorrence to Petition his Majesty for the calling and sitting of Parliaments hath betrayed the undoubted Rights of the Subjects of England And this Order thereupon Ordered That Sr Francis Wythens be expelled this House for this high Crime and that he receive his Sentence at the Bar of this House upon his Knees from Mr Speaker Which he received accordingly Mr Justice Holloway late Recorder of Oxford whose part in the dispatching Stephen Colledge advanced him to this station And Mr Justice Walcot the best of all the four but as poor as Sr R. Wright and by consequence a fit Tool to serve the
he thought fit he added That my Lord Russell had made several Objections and then he pretended to answer them and in doing it said That their Consultation was to seize the King's Person and bring him into their power and that to design to bring the King into their power only till he had consented to such things as should be moved in Parliament was equally Treason as if they had agreed directly to Assassinate him That therefore the Jury were to consider nothing but to see that the fact be fully proved and he saw nothing said by my Lord that doth invalidate the Evidence He went on thus That the last Objection to which a great many Persons of Honour and Quality had been called was That my Lord Russell being a man of Honour Vertue and so little blamable in his whole Conversation 't was not likely he should be guilty of any thing of this kind This he confessed to have weight in it but then he bad the Jury consider that he was but a man and that Men fall by several Temptations some out of Revenge some by Malice fall into such Offences as these my Lord is not of this Temper but Gentlemen there is another great and dangerous Temptation that attends people in his Circumstances whether it be Pride or Ambition or the cruel snare of Popularity being cryed up as a Patron of Liberty This is the only way to tempt Persons of Vâ—rtue and the Devil knew it when he tempted the Pattern of Vertue Tho' he be a Person of Vertue I am afraid these Temptations have prevailed upon my Lord for I cannot give my self any colour of Objection to dis-believe all these Witnesses I see no Contradiction no Correspondence no Contrivance at all between them you have plain Oathes before you and I hope you will consider the weight of them and the great Consequence that did attend this Case But under his favour these celebrated VVitnesses were at Bargain and bought their own lives at the price of this Noble Lord's Blood. the overthrow of the best Government in the World and the best and most unspotted Religion which must needs have suffered The greatest liberty and the greatest security for Property that ever was in any Nation bounded every way by the Rules of Law and those kept sacred I hope you will consider ☞ the weight of this Evidence and consider the Consequences such a Conspiracy might have had Then Jefferies to Insinuate this Noble Lord's Guilt argued thus Had not my Lord of Essex been conscious of his being guilty of desperate things he would scarcely have brought himself to that untimely End to avoid the methods of publick Justice I am sorry to find that there have been so many of the Nobility of this Land that have lived so happily under the benigne influence of a Gracious Prince should make so ill returns Gentlemen whereas that Noble Lord says he hath a vertuous good Lady he hath many Children he hath Vertue and Honour he puts in the Scale I must tell you on the other side you have Conscience Religion you have a Prince and a most merciful one too Consider the Life of your Prince the Life of his Posterity the Consequences that would have attended if this Villany had taken effect What would have become of your Lives and Religion What would have become of that Religion we have been so fond of preserving You have your Vnderstandings your Wives and Children let not the Greatness of any man Corrupt you Then the Lord Chief Justice directing the Jury told them after he had repeated the evidence that the Question before them was whether they did believe my Lord Russell had any design upon the King's Life to destroy the King to take away his Life and that that was the material part there you have not evidence in this Case as there was in the other matter that was tryed in the morning or yesterday against the Conspirators to kill the King at the Rye This is an Act of contriving Rebellion and an Insurrection and to seize the Guards which is urged as an evidence and surely is in it self an evidence to seize and destroy the King If you believe the Prisoner at the Bar to have conspired the death of the King and in order to that to have had these Consults then you must find him guilty of this Treason laid to his Charge The Court then adjourned and at their sitting again in the Afternoon the Jury brought in their Verdict that my Lord Russell was Guilty I shall here to refresh the Readers memory subjoyn some brief Heads of the dying Speech of this great and invaluable Person a Martyr for the true Religion and the Liberties of his Country He thanked God that he found himself so composed and prepared for Death and his thoughts so fixed on another World that he hoped in God he was quite weaned from setting his heart on this He blessed God for the many Blessings of his Life That he was born of worthy good Parents and had the advantages of a Religious Education which he had look'd upon as an invaluable Blessing for when he minded it least it still hung about him and gave him checks and that he now in his extremity found such happy effects of it that the fear of Death had not been able to discompose him That he had lived and now dyed of the Reformed Religion a true sincere Protestant and in the Communion of the Church of England tho' he could never rise up to all the heights of some People He wished the removal of all our unhappy differences and that all sincere Protestants would consider the danger of Popery and lay aside their Heats and agree against the Common Enemy That the Church-men would be less severe and the Dissenters less scrupulous He declared that he look'd upon Popery as an Idolatrous and bloody Religion and therefore thought himself bound in his station to do all he could against it and soresaw that he should procure such great and powerful Enemies to himself that he had been for some time expecting the worst and blessed God that he fell by the Ax and not by the fiery Tryal That yet he never had a thought of doing any thing against Popery basely or inhumanly but what could well consist with the Christian Religion and the Laws and Liberties of the Kingdom That he had always loved his Country more than his Life and never had any design of changing the Government and would have ventured his Life to preserve it and would have suffered any extremity rather than have consented to any design to take away the King's Life and that no Man ever had the Impudence to propose so base and barbarous a thing to him That he sincerely prayed for the King that he might be happy both here and hereafter He took God to witness that in the prosecution of the Popish Plot he proceeded in the sincerity of his Heart that he did
inhumane manner concluded thus That you shall have by the Grace of God see that execution be done on Friday next according to Law. You shall have the full benefit of the Law. It may seem proper in this place to note to the Reader the reason why the Grace and Favour as termed by the Chief Justice and Attorney General of being admitted to Tryal was offered to Holloway upon the one and twentieth of April before and now denyed to Sr Thomas Armstrong which cannot be better done then by casting an Eye to the proceedings upon Holloway whereby it manifestly appears that that unhappy person had been wrought upon by the fear of Death and hope of Pardon to be very prodigal in his Confessions it being most evident that what he had declared was more then a thousand Witnesses against himself and that he had put down a multitude of Hear-says and Reports of others the truth whereof never did nor will appear Hereupon they who had before wheedled deluded him do now caress him Mr Attorney told him that at Law he was gone but if he had any thing to say to defend himself the King would not exclude him but extend his Mercy so far as to admit him to Tryal Upon which the Chief Justice said Mr Attorney it is exceeding well and told the Prisoner that the King was pleased to signifie his gratious Intention towards him in that he was contented to wave the Out-lawry and allow him to try the matter if he thought he could defend himself The Prisoner finding himself snared and that this Grace would serve him as it did all others that fell into their power at that time did only answer that he could not undertake to defend himself he having before thrown himself upon the King's mercy and confessed himself guilty of many things in the Indictment So he was sentenced and dyed without Mercy At the place of Execution Sr Thomas Armstrong deported himself with Courage becoming a great man and with the Seriousness and Piety suitable to a very good Christian Sheriff Daniel told him that he had leave to say what he pleased and should not be interrupted unless he upbraided the Government Sr Thomas thereupon told him that he should not say any thing by way of Speech but delivered him a Paper which he said contained his mind he then called for Dr Tennison who prayed with him and then he prayed himself In his Paper he thus expressed himself That he thanked Almighty God he found himself prepared for Death his thoughts set upon another World and weaned from this yet he could not but give so much of his little time as to answer some Calumnies and particularly what Mr Attorney accused him of at the Bar That he prayed to be allowed a Tryal for his Life according to the Laws of the Land and urged the Statute of Edw. 6. which was expresly for it but it signified nothing and he was with an extraordinary Roughness condemned and made a precedent tho' Holloway had it offered him and he could not but think all the world would conclude his case very different else why refused to him That Mr Attorney charged him for being one of those that was to kill the King He took God to witness that he never had a thought to take away the King's Life and that no man ever had the Impudence to propose so barbarous and base a thing to him and that he never was in any design to alter the Government That if he had been tryed he could have proved the Lord Howard's base Reflections upon him to be notoriously false He concluded that he had lived and now dyed of the Reformed Religion a Protestant in the Communion of the Church of England and he heartily wished he had lived more strictly up to the Religion he believed That he had found the great comfort of the Love and Mercy of God in and through his blessed Redeemer in whom he only trusted and verily hoped that he was going to partake of that fulness of Joy which is in his presence the hopes whereof infinitly pleased him He thanked God he had no repining but chearfully submitted to the punishment of his Sins He freely forgave all the World even those concerned in taking away his Life tho' he could not but think his Sentence very hard he being denyed the Laws of the Land. I shall here for the Readers more full Information in this matter subjoyn the Sence of our Present House of Commons of this Proceeding against Sr Thomas Armstrong and the Censure they have most justly passed upon it Martis 12. November 1689. A Petition of the Lady Armstrong and her Daughters was Read Whereupon a Committe was appointed to examine the matter and make their Report to the House Resolved That it be an Instruction to the Committee That they examine who were the Judges that gave the Sentence against Sr Thomas Armstrong and who were the Prosecutors of him and who had his Estate and how the Petitioner may have Reparation And also to examine what Proceedings were in order to a Writ of Error by him desired and how it came to be denyed and by whom And they are to make their Report with all convenient speed Martis 19. November 1689. Mr Chrisly reported from the Committee to whom the Petition of the Lady Armstrong and the Daughters of Sr Thomas Armstrong was referred An account of the whole Proceedings against him And that thereupon they had come to these Resolves 1. That Sr Thomas Armstrong's Plea ought to have been admitted according to the Statute of Edward 6. and that the Execution of him upon the Attainder by Outlawry was illegal and a Murder by pretence of Justice 2. That the Executors and Heirs of Sr Thomas Armstrong ought to have a Reparation of their Losses out of the Estates of those that were his Judges and Prosecutors 3. That a Writ of Error for the Reversal of a Judgment in Felony or Treason in the right of the Subject and ought to be granted at his desire and is not an Act of Grace or Favour which may be denyed or granted at Pleasure To all which Resolves the House agreed Resolved That leave be given to bring in a Bill to Reverse the Attainder of Sr Thomas Armstrong and to make Reparation to his Widow and Children out of the Estates of the Judges and Prosecutors And the same to be without Fees. Munday the 20th of June 1689. Mr Chrisly reported from the Committee to whom the Bill for the annulling the Attainder of Sr Thomas Armstrong was recommitted some Amendments to the Bill as also who were his Prosecutors also what Losses Sr Thomas Armstrong's Family had sustained by reason of the Attainder and thereupon it was Resolved That Sr Richard Holloway Sr Francis Wythens the Executors of the late Lord Jefferies and of the late Justice Walcot Mr Graham and Mr Burton do attend the House on Saturday morning next to answer to such matters as are
into the bargain but that Mr Justice Pemberton checkt it by holding up his hands in Admiration this persons Crime was the publishing a Book called An Appeal from the Country to the City in which this passage was contained We in the Country have done our parts in chusing good Members for Parliament but if they must be Dissolved or Prorogued when-ever they come to redress the Grievances of the Subject we may be pittied not blamed if the Plot takes effect as in all probability it will Our Parliaments are not then to be condemned for their not being suffered to sit occasioned it But now when we come to Judgments for Misdemeaners on the other side We shall perceive great Compassion and Mercy appearing in that Court indeed Reading who was Convicted for the first attempt upon the King's-Witnesses was adjudged to pay 1000 l. to be Pilloried and Imprisoned for a year and one would have thought that more severe Judgments would have past upon such as should dare to repeat the same Crimes after such an Example but we see the contrary About six Months afterwards Knox and Lane being Convicted of the same Offence accompanied with much blacker Circumstances Knox the principal was only Fined 200 Marks and condemned to a years Imprisonment and to be bound to the good Behaviour for three years And Lane Fined 1â—… Marks and adjudged to stand once in the Pillory and to be Imprisoned a year And now in the Case before us Mr Tasborough a Gentleman of a good Estate who had treated about so great a Villany in the name of the Duke of York was only Fined 100 l. And Mrs Price 200 l. But who can admire at this notorious departure from the rules of Justice and Equality in the assessing of Fines that remembers that the Chief Justice Scroggs did in this very Term declare in open Court in the Case of Dr Jessop a very honest and worthy Protestant of Norfolk that he would have regard to Persons and their Principles in imposing of Fines and would set a Fine of 500 l. on one person for the same offence for which he would not Fine another 100 l. And accordingly Fined Dr Jessop 100 l. for reporting false News as they called it and at the same time Fined the Doctor 's Author of that News a right Tory no doubt only five Marks Now surely will the Reader say this Jessop was undoubtedly a very naughty Man but to undeceive him I can affirm he is as true a Church of England Man as can be found and the bad principle which made him to be thus marked was that he was an avowed Enemy to Popery and true to the Liberties of England and did upon every occasion exert himself to a degree hardly to be equalled by any Gentleman of Norfolk for the chusing deserving men for Knights of the shire and particularly for Sr John Hobart then whom none ever deserved better of that County and whose name will always be remembred there with great Honour For this extravagant Partiality and Injustice in imposing Fines the Court of Kings-Bench was deservedly marked with this Vote of the House of Commons December the 23 d 1680 Resolved That the Court of King's Bench in the Imposition of Fines on Offenders of late years hath acted Arbitrarily Illegally and Partially Favouring Papists and persons Popishly affected and excessively Oppressing Protestants Reflections upon the Proceedings in the Old Baily before the Lord Chief Justices Pemberton and North. November 24 1681. upon an Indictment for High Treason framed against the Right Honourable Anthony Earl of Shaftesbury for conspiring the Death of the King and Subversion of the Government THe Names of the Grand-Jury returned by Sheriff Filkington and Sheriff Shute and who were Sworn upon that occasion were Sr Sam. Barnardiston John Morden Thomas Papillon John Dubois Charles Herle Edward Rudge Humphrey Edwm John Morris Edmund Harrison Joseph VVright John Cox Thomas Parker Leonard Robinson Thomas Shepherd John Flavel Michael Godfrey Joseph Richarson VVilliam Empson Andrew Kendrick John Lane and John Hall. A sort of people called Tories wedded to their own blindness having loudly clamoured of this great Jury I shall here add the names of those who were returned upon the same Pannel Alderman Ellis Mr Mellish Mr Tho. Gardener Samuel Swinnock Mr Ben. Godfrey Mr John Pollexfen Mr John Smith Mr John Gardener Mr Peter Delence Mr Peter Hubland Mr William Ashurst Mr John Deagle Mr Thomas Western Mr Bonnel Mr Gabriel Wheatley Mr Tho. Carpenter Mr L. Baskervile Mr George Marwood Mr John Smith And now let all who know the City of London judge whether a more substantial Pannel in every respect was ever returned to serve at the Old-Bailey The King's Council for the management of this Intrigue were The Attorney General Sr Francis Wythens the Abhorrer of Parliaments And Mr Saunders afterwards the Quo Warranto Lord Chief Justice Mr Graham the Solicitor of all the late Sham Plots upon Protestants and pay-master of corrupt Juries and perjured Witnesses solicited this Prosecution and hence took his first step to such Preferment as enabled him to give Eight or ten thousand Pounds with a Daughter 'T is to be lamented that he hath lived to this day without further Preferment in the way which at that time the then Lord Chancellor promised to honest Captain VVilkinson The magnified Evidence of this horrid Treason and that which the King's Council relying upon begun with was a Paper proved by Secretary Jenkins Mr Blaithwaite and Mr Gwin to have been found in the Earl's House of which such noise has been made in the World by the virulent Observator and the Popish News-Writers as well as from too many of our Pulpits that it may not be ungratful to the Reader to be here presented with the very words thereof which follow The Association WE the Knights c. finding to the grief of our Hearts the Popish Priests and Jesuites with the Papists and their Adherents and Abettors have for several years last past pursued a most pernicious and hellish Plot to root out the true Protestant Religion as a pestilent Heresie to take away the Life of our Gratious King to subvert our Laws and Liberties and to set up Arbitrary Power and Popery And it being notorious that they have been highly incouraged by the Countenance and Protection given and procured for them by James Duke of York and by their expectations of his succeeding to the Crown and that through Crafty Popish Councils his Designs have so far prevailed that he hath created many and great Dependants upon him by his bestowing Offices and Preferments both in Church and State. It appearing also to us that by his influence Mercenary Forces bave been levied and kept on foot for his secret Designs contrary to our Laws the Officers thereof having been named and appointed by him to the apparent hazard of his Majesties Person our Religion and Government if the Danger had not been timely fore-seen by several Parliaments and