Secresy as to time and place it appearing of its own Nature necessary The other was a Letter from one Christopher Anderton dated from Hilton by which was meant Rome Feb. the 5th 1677 8. wherein mention was made of the Patents being sent thence both which Letters the Prisoners strugled much to vindicate by such forced Constructions of the matters they contained as all the Court rejected Against Gavan Dr. Oates deposed That he saw his Name to the Resolve though he could not swear he was at the Consult of the 24th of April That he gave an account from time to time of the Affairs of Staffordshire and Shropshire relating to the Plot and that coming to London he gave the same account to Ireland his own Chamber and talk'd of two or 3000 l. that would be ready for the Design Mr. Prance then deposed that Harcourt had told him above a Year before as he was paying him for an Image of the Virgin Mary that there was a Plot upon the Life of the King Mr. Dugdale deposed against him that it was he who had engaged him in the Plot upon the Life of the King and often perswaded and encouraged him to it That at Ewer's and his Chambers at Boscobel and other places several Consultations had been had about the Death of the King and bringing in of Popery wherein Mr. Gaven was always a great Man being a good Orator to perswade People in the Design That at the same Consultations he had heard the Massacre often discours'd of And that Gaven should say That tho they were but in a low condition themselves yet they would have Men and Mony enough to spare for such a Design That the said Gaven had many times endeavoured to convince him of the Lawfulness if not the Merit of killing any person whatsoever for the Advancement of their Religion As to Turner it was sworn by Dr. Oates that he was at the Consult of Fenwick's Chamber and sign'd the Resolve Mr. Dugdale also deposed that Ewers had told him that Turner was to carry on the Design in VVorcestershire That the said Turner had met with Ewers Leveson and others in several places and had in every one of them given his consent to and assisted with his Counsel in the carrying on of the grand Design of killing the King and introducing of Popery This was the main of the Evidence for the King The Prisoner's defence lay chiefly in seeking to invalidate the Testimony given against them and to prove Oates perjured they produced these St Omers Witnesses who testify'd that he was not in England in April viz. Mr. Hilsley William Parry Doddington Gifford Palmer Cox who differed in his Testimony from all the rest and caused two great Laughters in the Court Thomas Billing Townley Fall John Hall Butler Cooke a Taylor some of which were so positive that they affirmed that Dr. Oates never lay but two Nights out of the Colledg from December till the middle of June And to prove further that he did not come over with Sir John VVarner and Sir Thomas Preston as he had deposed elsewhere one Bartlet a Dutchman Carlier Verron Baillee who spoke by an Interpreter John Joseph and Peter Carpenter appear'd Then Gaven produced two Witnesses to prove him to be at VVolverhampton in Staffordshire at the time of the Consult viz. one Mrs. Kath. VVinford at whose House he there lodged and Mary Poole a Servant in the House the latter of whom was so lame in her Testimony as caused both Laughter and Shouts He produced four more that affirm'd him to be in VVolverhampton the last week in July but none that could speak to the other three weeks in that Month. However he protested his Innocency and desired to put himself upon the Trial of Ordeal Then VVhitebread in his defence offered to prove D. Oates mistaken in his Evidence at Mr. Ireland's Trial which the Court would not allow Harcourt endeavoured to prove Dr. Oates mistaken as to Ireland's being with him in his Chamber in August One Gifford the Lady Southcott Sir John Southcott Mr. Edward Southcott his Son Mrs. Harewel her Daughter Eliz. Keeling Pendrel and his Wife two Mrs. Giffords and one Mr. Bedloe affirming him to have been most of that Month in Saffordshire Fenwick offer'd to invalidate Mr. Bedloe's Evidence from his having been an ill Man c. Then Sir Creswel Levinz of Counsel for the King summ'd up the Prisoners Defence and to clear Dr. Oates's Evidence about Ireland he called Sarah Pain who swore that she saw Ireland in London about the middle of August And for the Proof of Dr. Oates's being in England at the time he said he was Mr. VValker a Minister Mrs. Ives Mrs. Mayo Sir Richard Barker Philip Page Butler his Servants Mr. Smith Schoolmaster of Islington and Mr. Clay a Popish Priest all deposed as to his being seen in April and May 78 to which the Prisoners only opposed the Number and Innocency of their Evidence being most young Boys After which the Ld. Ch. Justice directed the Jury and in summing up the Evidence insisted particularly on Dugdal's Evidence concerning Sir Edmondbury Godfrey's Death as a mighty Confirmation of the Plot. Then an Officer was sworn to keep the Jury who withdrew and the Judges also went off from the Bench leaving Mr. Recorder and a competent number of Commissioners there to take the Verdict and about a quarter of an Hour after the Jury brought them all in Guilty Then the Prisoners were carried back to Newgate and the Court adjourned till eight next Morning And then Mr. Langhorn was tried and found guilty After which they were all six brought to the Bar together and received Judgment to be Drawn Hang'd and Quartered which accordingly was done upon these 5 Jesuits and Priests on Friday June the 20th at Tyburn The Trial of Richard Langhorn Esq Counsellour at Law at the Old-Baily on Saturday June the 14th 1679. HIS Indictment was for conspiring the Death of the King Subversion of the Government and Protestant Religion whereto he pleading Not guilty the Jury were impannelled for his Trial who were Arthur Yong Edward Beeker Robert Twyford VVilliam Yapp John Kirkham Peter Pickering Thomas Barnes Francis Neeve John Hall George Sitwel James VVood Richard Cawthorne To whom the Indictment being read Roger Belwood Esq of Counsel for the King in this cause opened the Indictment and Sir Creswel Levins proved the Charge And Then Mr. Dugdale was first called to give Evidence of the general Design from which afterwards it would be brought down particularly to Mr. Langhorn who therefore deposed that he had been in several Consultations for alteration of this present Government and for the introducing of Popery and Murther of the King that he was to have a Sum of Money to be one of them that should kill the King being put upon it by Mr. Ewers Mr Gavan Mr. Luson and Mr. Vavasor all Jesuits that there was then to have been a Massacre of the Protestants and
be put apart and examined one by one which was granted And then William Blathwayt Esq appeared and delivered in a Paper deposing that it was put into his Custody by Mr. Gwyn Clerk of the Council who seiz'd it among others in my Lord Shaftsbury's House and brought them to the Council-Office put them into one of the Rooms look'd the Door and deliver'd the Key to him And being ordered by the Committee of Examinations he fetch'd up the Trunks and Papers into the Council-Chamber and this Paper he took out of a Velvet Bag which was in the great Trunk that was sealed and then opened on July 6. in the presence of Mr. Samuel Wilson and Mr. Starkey who were both appointed by the Lord of Shaftsbury Then Mr. Gwyn being called deposed That on July 2. by a Warrant from the Secretary he searched the Lord Shaftsbury's House for Papers where was a great Hair-Trunk in which were several sorts of them and a Velvet Bag into which he put some loose Papers and sealed up the Trunk and being sent another way he deliver'd it to Mr. Blathwayt That all the Papers that were in the Velvet Bag he had in my Lord's Closet and that nothing was in that Bag but what he had there when he delivered it to Mr. Blathwayt Then Mr. Secretary Jenkins deposed That that was the Paper that Mr. Blathwayt delivered into his Hands in the Council-Chamber with nine more which he had kept under Lock and Key ever since till Monday last when he took them out and being numbred sent them sealed to Mr. Graham who brought them back to him again without any alteration whatsoever The Paper then was read which was to this effect That We the Knights c. finding to the grief of our Hearts the Papists Contrivances against the Protestant Religion the Life of the King and Laws and Liberties of the Nation to set up Arbitrary Power and Slavery And it being notorious that they have received Encouragement and Protection from James D. of York and from their Expectations of his succeeding to the Crown c. And that by his Influences Mercenary Forces have been levied Parliaments unreasonably Prorogued and Dissolved and the Army and Ammunition put into the hands of his Party and the Reputation and Treasure of the Kingdom hereby wasted That therefore they endeavoured to Exclude him from the Succession to the Crown and that failing they have now thought fit to propose to all true Protestants an Union amongst themselves by solemn and sacred Promise of mutual Defence and Assistance in the Preservation of the Protestant Religion the King's Person and State and our Laws Liberties and Properties in a Declaration in the Form ensuing Which was to this effect First The Person swears to maintain the Protestant Religion against Popery Secondly The King's Person and State as also the Power and Priviledges of Parliaments Rights and Liberties of Subjects c. Thirdly That J. D. of Y. having profess'd himself a Papist and given Life to the Plot that therefore he would oppose his or any other Papist's coming to the Crown by all lawful Means and by force of Arms if need so require c. To this end they mutually obliged one another to pursue unto destruction all that oppose the Ends of this Association and to defend all that enter into it And do engage that they will obey such Orders as they 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 them in their several Counties c. until the next meeting of Parliament c. And that they would stick to this Association during Life c. In witness whereof c. Never a Hand was to this Paper Which being read and briefly descanted upon by the Counsel for the King John Booth was then called forth who deposed That about the middle of January last be was introduced into the Lord Shaftsbury's Acquaintance by Captain Henry Wilkinson a Yorkshire Gentleman an old Royalist and an old Acquaintance of his about some Concern relating to Carolina After which he went frequently to my Lord's House and between Christmas and March four or five times Where he hath heard him sharply inveigh against the Times and thought himself undervalued and feared that Popery would be introduced And that the Oxford Parliament that was then shortly to meet would give the King no Mony unless he would satisfy them in what they would insist upon which he said would be the Bill of the Exclusion and the abolishing the Statute of the 35th of Eliz. and passing a New Bill to free the Dissenters from the Penalties of the Laws which if refused would make a Breach between the King and Parliament whose meeting at Oxford was designed only to over-awe them And therefore that himself and divers Noble Lords and Members of the Commons had considered their own Safety and that he had establish'd a matter of fifty Men Persons of Quality that he believed would have Men along with them and he intrusted Capt. Wilkinson with the Command of these Men who were to come to Oxford at such a time and if there were any Breach or Disturbance they were to be ready to assist him and those other Persons in his Confederacy to purge the Guards of all Papists and Tories and purge from the King those evil Counsellors which were about him naming the Earl of Worcester the Lord Clarendon the Lord Hallifax Lord Feversham and Mr. Hide now Lord Viscount Hide whom he look'd upon as dangerous Persons and then to bring the King away to London where those things should be established which they designed for the Preservation of the Protestant Religion and keeping out of Arbitrary Power and Government Upon which Capt. Wilkinson desired him to be one under his Command and to provide Horse and Arms to which he consented and did so expecting to be sent for after the Parliament was sat they insisting upon the things the Lord Shaftsbury had predicted but the unexpected News of their Dissolution prevented it Then being ask'd when he first discovered this he answered about six Weeks ago and related the occasion and manner of his doing so Next Mr. Edward Turbervile deposed That in February last he waiting upon the Lord Shaftsbury about his getting some Mony and requesting his Letter to the President of the Council to stand his Friend my Lord said There was little good to be had from the King as long as his Guards were about him were it not for whom they would quickly go down to White-Hall and obtain what terms they thought fit And that the Rabble were all of that Side especially the People about Wapping and Aldersgate-Street That the Rich Men of the City would Vote for Elections but they could not expect they should stand by them in case there
should never be drawn into Example or Consequence That the Bishops here had done but what became them as Peers and Bishops in the most decent Manner And that unless this humble Petition so presented may be said to be a malicious and seditious Libel with an intent to stir up the People to Sedition the Jury ought not to find my Lords the Bishops guilty upon that Information Mr. Pollexfen next spoke insisting upon the Illegality of the King's Declaration as setting aside all the Law we have in England almost all being Penal Laws not only those before the Reformation but since especially in matters of Religion And therefore the King's Will not being consonant to Law and not obliging nothing can be done with a more Christian Mind than to inform him of it by way of Petition as the Bishops had done Then Mr. Serjeant Pemberton spoke Affirming that the Bishops had done no more than their Duty to God the King and the Church Denying the Dispensing Power as a thing that strikes at the very Foundation of all the Rights Liberties and Properties of the Kings Subjects whatsoever That the King 's Legal Prerogatives are as much for the Advantage of his Subjects as of himself That these Laws he would by his Declaration suspend are the great Bulwark of the Reformed Religion Intended to defend the Nation against false Religions Particularly the Romish Religion which is the very worst of all Religions a Religion no way tolerable nor to be endured here And yet if this Declaration should take effect all Religions would be let in and even that Religion would stand upon the same terms with the Protestant Religion and all the Care and Statutes that had been against it go for nothing That the Bishops have the Care of the Church by their very Function and Office and are bound to take care to keep out all those false Religions that are prohibited and designed to be kept out by Law and therefore could do no less than they did That our Law did allow the King no such Dispensing Power Instancing in that Check the Parliament had given to it in 1662. But here the Ld. Ch. Justice interrupted him as being what had been spoken to already Then Mr. Serjeant Levinz offered to shew that it has been taken all along as the ancient Law of England that such Dispensations ought to be by the King and Parliament and not by the King alone but he was stop'd enough having been offer'd already Therefore the Bishops Counsel proceeded to prove what had been said and to that end was produced and read in Court the Record of Richard the Second wherein the Parliament gave the King a Power to dispense with the Statute of Provisors which was a Penal Law concerning collating and presenting to Dignities and Benefices of the Church only till the next Parliament declaring withal that it was a Novelty and that it should not be drawn into Example Then the Journal of the House of Lords was produced and his Majesty's Speech to both Houses in 1662 read wherein is this Clause That if the Dissenters will demean themselves peaceably and modestly under the Government his Majesty said he could heartily wish that he had a Power of Indulgence to use upon occasion Whereupon there was a Bill in the House of Lords brought in to enable the King to dispense with several Laws which was read and committed but further than that it went not Which Bill was also read out of the Journal Then the Journal of the House of Commons was produced and a Vote read which passed Feb. 25. 1662. That no Indulgence be granted to the Dissenters from the Act of Vniformity With the Commons Address and Reasons for this Vote wherein was declared That the Act of Vniformity could not be dispensed with without an Act of Parliament The Journal of the House of Lords was again produced and the King's Speech to both Houses on Feb. 5. 1672 read wherein he mentions his Declaration for Indulgence The Journal then of the House of Commons was again produced and the Commons Petition and Address to the King Feb. 14. 1672 was read Wherein they thank him for his Speech And tell him They have considered his Declaration for Indulgence dated the 15th of March last And find themselves bound in Duty to inform his Majesty That Penal Laws in Matters Ecclesiastical cannot be suspended but by Act of Parliament And do therefore beseech him That the said Laws may have their free Course until it shall be otherwise provided for by Act of Parliament Then his Majesty's Answer to that Reply was read wherein he expresses his trouble that his Declaration has disquieted them That he does not pretend to the Right of suspending Laws wherein the Properties Rights or Liberties of any of his Subjects are concerned nor to alter any thing in the established Doctrine or Discipline of the Church of England But his only Design in this was to take off the Penalties and the Statutes inflicted upon Dissenters To which the Commons replied which was then read out of the same Journal That they found his Answer not sufficient to clear the Apprehensions that may justly remain in the Minds of his People by his Majesty's having claimed a Power to suspend Penal Statutes in Matters Ecclesiastical and which his Majesty does still seem to assert in his Answer to be intrusted in the Crown and never questioned in the Reigns of any of his Ancestors Wherein they humbly conceive him misinform'd Since no such Power ever was claimed or exercised by any of his Majesty's Predecessors And if it should be admitted might tend to the interrupting the free Course of the Laws and altering the Legislative Power which hath always been acknowledged to reside in his Majesty and his two Houses of Parliament With an unanimous Consent they therefore again besought him That he would be pleased to give them a full and satisfactory Answer to their Petition and Address and take such effectual Order that the Proceedings in this Matter might not for the future be drawn into Consequence or Example Then the Lords Journal was turned to wherein it waâ— read how that the King communicated this Address to the Lords and desired their Advice And that on March the 8th 1672 He made a Speech to both Houses wherein he tells them That if there was any Scruple remaining in them concerning the Suspension of Penal Laws he here faithfully promised them That what had been done in that Particular should not for the future be drawn either into Consequence or Example After which the Lord Chancellor imparted to them That his Majesty found some dissatisfaction remaining concerning the Officers to be employed abroad but if that bred any Umbrage the King commanded him to let them know That he resolves to give both his Houses full Satisfaction to their Desires And that his Majesty had last Night in pursuance of what he then intended and declared this Morning concerning the Suspension of
him thanks for the 10000 l. which was given for the Propagation of the Catholick Religion and that it should be imployed for no other Intent and Purpose but for that which it was sent which was to cut off the King which Le Chese's Letter dated in August and which he both saw and read and to which this was an Answer positively express'd That Letter was directed to one Strange then Provincial of the Society in London which Mr. Coleman answered because Strange having run a Reed into his Finger had wounded his Hand and Secretary Mico was ill This Letter he delivered into Le-Chese's own Hand who gave him a Letter in answer to it which he brought to St. Omers and was there inclosed in the Letter from the Society to Coleman He further deposed that in April last Old Stile and May New Stile there was a general Consult of the Jesuits held by virtue of a Brief from Rome sent by the Father General of the Society first at the. White-Horse Tavern in the Strand and afterwards in several Clubs wherein the Death of the King was Conspired Grove and Pickering being imployed to Pistol him in St. Jame's Park for which Grove was to have 1500 l. in Mony and Pickering being a Priest was to have 30000 Masses which at twelve Pence a Mass amounted much-what to that Mony to all which Coleman was privy and in one Letter he writ about it express'd his disire to have the Duke trappan'd into this Plot to murther the King And in case this fail'd there was a further Design lay'd to murther the King at Windsor by four Irish Assassinates provided by Dr. Fogarthy and fourscore Pounds were provided by Father Harcourt a Jesuit and Rector of London for their present Maintainance which Coleman saw upon a Table in Wild-House where he was with Harcourt and gave the Messenger who was there ready to carry them after the Ruffians to Windsor a Guiny for expedition saying he lik'd it very well Yea and if this also should fail there were Instructions brought by one Ashby a Jesuit in July last to London from Flanders to proffer 10000 l. to Sir George Wakeman to Poison the King Which Instructions were seen and read by Mr. Coleman by him copied out and transmitted to several Conspirators of the King's Death in this Kingdom of England that were privy to this Plot. He said 10000 l. was too little and therefore he procured 5000 l. more to be added to it which Sir George Wakeman accepted of and receiv'd 5000 l. in hand with a promise of the Rest as soon as he should have done the Work He deposed likewise that a Consult had been held in the Savoy with the Jesuits Benedictine Monks for the murthering of the Duke of Ormond and raising a Rebellion in Ireland the Pope's Right to that Kingdom being asserted and 40000 black Bills provided to be sent thither for the use of the Catholick Party Coleman being privy thereto and the main Agent therein being heard to say to Fenwick that he had found a way to transmit the 200000 l. for the carrying on this Rebellion in Ireland That he saw likewise several Commissions come from Rome in Mr. Langhorn's Chamber among which was one for Mr. Coleman to be Secretary of State the receipt of which he hath since heard him acknowledg The Prisoner then offer'd something against the Informant from his telling the King when he was examin'd before the Council that he never saw him before Which the Informant obviated by confessing that there and then he did say that he would not swear that he had seen him before his Sight being bad by Candle-light and being then wearied and tired out but that when he had heard him speak he could have sworn it was he but it was not then his Business The other Witness then produced against the Prisoner was Mr. Bedloe Who deposed that he heard Sir Henry Tichbourn say that he had a Commission and that he brought one for Mr. Coleman and the rest of the Lords from the Principal of the Jesuits at Rome by order of the Pope to be Principal Secretary of State And that he was imployed by Harcourt to carry Letters to Le-Chese the French King's Confessor and was at a Consult in France where the Plot was discoursed on for killing the King and did bring back an Answer from Le-Chese to Harcourt in London and on the 24th or 25th of May 1677. he was with Harcourt at Coleman's House where he heard Coleman speak these words That if he had a Sea of Blood and an hundred Lives he would lose them all to carry on the Design And if to effect this it were necessary to destroy an hundred Heretick Kings he would do it The Prisoner then asking Mr. Bedlow if he ever saw him in his life He answer'd You may ask that question But in the stone Gallery in Somerset-House when you came from a Consult where were great Persons which I am not to name here that would make the bottom of your Plot tremble You saw me then The Court then proceeded to other evidence which were the Prisoners Papers and proved the manner of finding them by Mr. Bradley a Messenger and that those which were then produced in the Court were his by the Clerks of the Council and his own Servant Ordering them afterwards to be read The first Paper was a long Letter dated Sept. 29. 1675 sent to Le-Chese wherein he gives him an account of the Transactions of several Years before and of the Correspondence between him and Monsieur Ferrier Predecessor to Le-Chese Asserting that the true way to carry on the Interest of France and the promoting of Popery here in England was to get that Parliament dissolved which says he had been long since effected if 300000 l. could have been obtained from the French King And that things yet were in such a posture that if he had but 20000 l. sent him from France he would be content to be a Sacrifice to the utmost Malice of his Enemies if the Protestant Religion did not receive such a Blow as it could not subsist The receipt of this Letter was acknowledged by Le-Chese in an Answer he wrote to Mr. Coleman and was then read in the Court dated from Paris October 23. 1675. wherein he gives him thanks for his good Service and promises his Assistance in order to the promoting the Popish Religion Then was produced and read a Declaration which Mr. Coleman as Secretary had penned in the King's Name shewing his Reasons for the Dissolution of the Parliament Then also was read a Copy of a Letter written to Le-Chese which Mr. Coleman confessed he himself wrote and counterfeited in the Duke's Name and that when he was so bold as to shew it to the Duke the Duke was very angry and rejected it Several other Letters were read of Mr. Coleman's to Monsieur Ferrier and others and particularly one dated August 21. 1674. to the Pope's Internuncio at Brussels
Dr. Tillotson and Dr. Lloyd and that he heard him say he had by him several Witnesses that would swear whatever he bid them and that he laid in Provisions of Fire Coals and Billets behind the Palsegrave-Head Tavern and hard by Charing-Cross to burn the City of VVestminster which he produced one Mr. Palmer to swear and that he lent him Mony as also he had Mr. Speke which was yet unpaid which proved to be 6 s. 8 d. for an Order which was for Mr. Speke's Brother aspersing them with being Eves-droppers multiplying words to little purpose His Defence therefore being Artificial as the Lord Chief Justice told him because nothing to the purpose Nay Mr. Justice VVild told him he disgrac'd his Profession by making so weak a Defence And Bedloe own'd some of the Crimes he bespattered him with as part of the Guilt for which the King had given him his Pardon and farther Depos'd That Mr. Reading was to have 100 l. a Year out of every 1000 l. a Year of Bedloe's Reward The Ld. Ch. Justice summ'd up the Evidence to which the Ld. Ch. Baron added some little and then the Jury after a short recess brought the Prisoner in Guilty And then the Court Adjourn'd for half an hour when being met again and the Prisoner at the Bar The Ld. Ch. Justice Sentenc'd him to be Fined 1000 l. to be imprisoned for the space of a whole Year and to be set in the Pillory for the space of one hour in the Palace-Yard in VVestminster On the Monday following he was Pillored accordingly the Sheriff having a particular Charge of his Person that nothing but Shame and Infamy might befal him to which he had been condemned and did deserve as well as any Man that ever was convicted The Trials of Thomas White alias Whitebread Provincial of the Jesuits in England William Harcourt pretended Rector of London John Fenwick Procurator for the Jesuits in England John Gavan alias Gawen and Anthony Turner all Jesuits and Priests At the Sessions-house in the Old-Baily on Friday June 13 1679. THen and there the Court being met and all the Judges of England present Proclamation was made of Silence and Attention whilst the King's Commission of Oyer and Terminer and of Goal-Delivery were openly read then the Prisoners being set to the Bar James Corker a Priest and Jesuit brought thither to be tried with them presented to the Court a Petition setting forth that he was absolutely surprized and unprepared for his Trial and therefore besought the Court that he might not be tried till the next Sessions To which the Court seemed inclinable enough nor did the Attorney General gain-say it upon condition that he could really make it out that he wanted Witnesses without which he could not make his Defence However it was thought fitting that he should hear the Charge that was against him read to the end he might be able to give the Court an account what Witnesses he had that might avail him in reference to his Defence against it which being done the Indictment being in general for High-Treason in conspiring the Death of the King the Subversion of the Government and Protestant Religion the former Question was put to him again and then he named one Alice Gatton now at Tunbridg as a Witness to prove that he was not in Town upon the 24th of April so that being respited till the next day the Court said nothing farther to him that Sitting Immediately after the Indictment was read VVhitebread represented to the Court that in regard he had been tried upon the 17th of December before upon the same Indictment at what time the Jury being impanell'd and the Evidence found insufficient which came in against him the Jury was discharged without a Verdict he was informed that no Man could be tried and consequently put in Jeopardy of his Life twice for the same Cause For which reason he pray'd for Counsel to direct him upon that Point in matter of Law He urged that his Life was in danger as being deliver'd over in Charge to the Jury and to make it out he alledg'd the Case of Sayer in the 31 Eliz. who having pleaded to a former Indictment for a Burglary was indicted a second time upon which it was the Opinion of the Judges that he could not be indicted twice for the same Fact He likewise desir'd a sight of the Record and that he might be informed whether or no when a Person comes upon his Trial he ought not either to be condemned or acquitted Upon the whole matter and his Motion together the Court declar'd to him that the Jury being discharg'd of him his Life was in no danger For that the Jury being sworn to make a true deliverance or the Prisoners in their Charge their Charge could not be full till the last Charge of the Court after Evidence Moreover he was told that such a Plea as he produc'd could not be supported without a Record and it was certain there was none here because there was no Verdict and besides this was not the same Indictment in regard it contain'd new matter Then Fenwick offered the same Plea his Case being the same appearing before with Whitebread upon his Trial but the Court returning the same Answer to him as to the former they both submitted and so all of them pleaded severally Not Guilty to the Indictment Then the Jury being to be impanell'd they unanimously excepted without naming them aganist all those Persons that had serv'd before as Jury-Men in the same Cause which the Court allowed them as but reason And the Jury therefore that were sworn were these twelve Thomas Harriott William Gulston Allen Garraway Richard Cheney John Roberts Thomas Cash Rainsford Waterhouse Matthew Bateman John Kain Richard White Richard Bull Thomas Cox To whom the Indictment being read Mr. Belwood of Counsel for the King in this Cause open'd the Indictment and Sir Creswel Levinz proved the Charge and then Dr. Oates was first called and being sworn he deposed That Whitebread was made Provincial the last December was twelve Month and by virtue of his Authority order'd one Conyers to preach in the English Seminary upon St. Thomas of Becket's-day that the Oaths of Allegiance and Supremacy were Heretical Antichristian and Devilish which accordingly was done That in January or February he wrote Letters to St. Omers concerning the State of Ireland of which he had an account from Arch-bishop Talbot who wrote him word that there were several thousands of Irish ready to rise when the Blow by which was meant the King's Murther should be given in England and he hoped it would not be long ere it was given That he sent over two Jesuits into Ireland in January to see how Affairs stood there of whose return he writ an account to St. Omers in April and of the Consult to be that Month at which he was and signed a Resolve at Wild-house that Pickering and Grove should go on in their design to dispatch
then an Army to have appear'd to have cut off those that might escape the Massacre that these Consultations were in Staffordshire one at Tixal another at Boscobel at my Lord Aston's and Mr. Gerrard's Also that Mr. Ewers received a Letter on Munday dated on Saturday from Mr. Harcourt which did express and begin thus This very night Sir Edmondbury Godfrey is dispatched with some other words of like Import Then Mr. Prance deposed that he was told by the Lord Butler that one Mr. Messenger a Gentleman of the Horse to the Lord Arundel of VVarder was by him imployed and the Lord Powis to kill the King for a good Reward That Mr. Harcourt in his hearing said that the King was to be killed by several And that Fenwick said Mr. Langhorn was to have a great hand in it That then an Army of 50000 Men was to be raised and governed by the Lords Arundel and Powis to rain the Protestants and settle the Catholick Religion whereof he hath heard Fenwick Ireland and Grove speak at the same time together Then for the Proof of the particular matters of the Indictment Dr. Oates was sworn who deposed That in April 1677 he went into Spain and in September following Mr. Langhorn's Sons came thither the one a Scholar of the English Colledg at Madrid the other of the English Colledg at Valladolid to study Philosophy in order to their receiving of the Priesthood That in November following he returned into England and brought Mr. Langhorn Letters from his Sons which he delivered soon after his Arrival to him telling him at the same time that he believ'd his Sons would both enter into the Society whereat Mr. Langhorn seem'd mightily pleased saying that by so doing they might quickly come to Preferment in England for that things would not last long in the posture they were in That in the latter end of November he returning to St. Omers Mr. Langhorn deliver'd to him a Pacquet to carry thither wherein when it was opened he saw a Letter from him to the Fathers giving them thanks for their care and kindness towards his Sons promising them to repay them their charges of his Son's Journey into Spain which was 20 l. telling them that he had writ to Father Le Chese in order to their Concerns saying that Mr. Coleman had been very large with him and therefore it would not be necessary for him to trouble his Reverence with any large Epistles at that time which Letter he saw not only this account of it That there was in March or April after another Letter from Mr. Langhorn to the Fathers at St. Omers about an extravagant Son of his wherein he also express'd his great care for the carrying on of the Design of the Catholicks and that the Parliament began now to flag in promoting the Protestant Religion and that now they had a fair Opportunity to begin and give the Blow That in April or May when the Consult was to which several of them came over from St. Omers and at which tho Mr. Langhorn was not present yet that he had Orders from the Provincial to give him an account of what Resolutions and Passages and Minutes pass'd and this he did as well as he could telling him who went Procurator to Rome which was one Father Cary that several of the Fathers were to be admonished for their irregular living as they termed it and that it was resolv'd that the King should be kill'd that Pickering and Grove should go on to do it for which Grove was to have 1500 l. and Pickering 30000 Masses upon the hearing of which Mr. Langhorn lift up his Hands and Eyes and prayed God that it might have good Success That then he saw in Mr. Langhorn's Chamber seven or eight Commissions whereof there were about fifty by Virtue of a Breve from the Pope directed to the General of the Society and signed 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Johannes Paulus de Oliva those he saw were for the Lord Arundel to be Lord Chancellor of England the Lord Powis to be Lord High Treasurer the Lord Bellasis to be General the Lord Peter to be Lieutenant General the Lord Stafford to be Pay-Master or some such office in the Army Mr. Coleman to be Secretary of State and Mr. Langhorn to be Advocate of the Army That he saw the Answers of Le Cheese and Anderton who was Rector of the Colledg at Rome to Mr. Langhorn's Letters to them and carried the Originals of them to the Fathers who requested them from Mr. Langhorn wherein Le Chese did assure him of his Stedfastness and Constancy to assist the English Society for the carrying on the Cause And that they should not need doubt but the French King would stand by them That Mr. Langhorn was employed as Solicitor for the Jesuits and went with Harcourt Fenwick Keines and Langworth and communicated the Secret to the Benedictine Monks desiring them to stand by them with a Sum of Money for the carrying on the Design upon which as he heard that 6000 l. was promised and that Mr. Langhorn was to receive it which though he could not prove that he had yet that he was sure he was much disgusted that Sir George Wakeman was not contented with 10000 l. to poison the King saying he was a covetous Man that it was in a Publick Concern and that being it was to carry on the Cause it was no matter if he did it for nothing but he was a narrow-spirited and a narrow-soul'd Physician That Mr. Langhorn also did know of 800000 Crowns come to France for England from the Congregation at Rome Then Mr. Bedloe being sworn there was as a Confirmation of what Dr. Oates had deposed concerning the Commissions an Instrument produced found by Mr. Bedloe in searching Mr. Arthur's Study a Papist a good while after Dr. Oates had given his Testimony publickly signed and seal'd just as the Commissions were He then deposed that about three Years since he was sent by Mr. Harcourt and Mr. Coleman with Letters to Le Chese that the Letters were writ at Coleman's House and brought open by Mr. Coleman to Mr. Langhorn's Chamber in the Temple where the Prisoner read and registred them and then Coleman sealing them up gave them to him to carry away The effect of which was to let Le Chese know that they waited only now for his Answer how far he had proceeded with the French King for sending of Mony for they only wanted Mony all other things were in readiness That the Catholicks of England were in safety had made all Places and all Offices to be disposed of to Catholicks or such as they thought would be so that all Garisons were either in their own Hands or ready to be put into them that they had so fair an Opportunity having a King so easy to believe what was dictated to him by their Party that if they slipp'd this Opportunity they must despair of ever introducing Popery into England for having a
King of England so easy and the French King so powerful they must not miss such an Opportunity That about a Year and an half since Mr. Harcourt sent him with another Pacquet of Letters to Mr. Langhorn to Register wherein were two Letters that he before had brought from Spain the one from Sir William Godolphin to the Lord Bellasis the other from the Irish Colledg of Jesuits in Salamanca That the Letter from the Rector did specify That they would have the Lord Bellasis and the rest of the Lords that were concerned and the rest of the Party in England to be in readiness and to have this communicated with all expedition for that now they had provided in Spain under the Notion of Pilgrims for St. Jago some Irish cashier'd Souldiers and a great many of Lay-Brothers to be ready to take Shipping at the Groin to land at Milford-Haven there to meet the Lord Powis and an Army that he was to raise in Wales to further this Design That also he met with Father Keins he brought a Letter from Mr. Langhorn in his Hand which he said was a chiding Letter from the Secretary de propaganda Fide Cardinal Barbarino to Mr. Langhorn and the rest of the Conspirators for going on no faster when they had so fair an Opportunity Then Thomas Buss the Duke of Monmouth's Cook was sworn who being out of the way before now deposed to the Plot in general That he in September last being at VVindsor heard one Handkinson bid one Anthony a Portuguese and the Queen's Confessor's Man who was then drinking in their Company that he should have a special care of the four Irish Gentlemen he brought over with him for that they would do their Business whom since he had seen Coleman's Trial he supposed to be the four Irish-Men that were to kill the King Then this Anthony was sent for by the Court to be took up but Handkinson was return'd beyond Sea Then the Prisoner in his own defence offer'd to the Court that the two Witnesses against him Oates and Bedloe were Parties to the Crime which was laid to his Charge and therefore he desired to know whether they had their Pardon or no Which tho it were sufficiently made out yet the Court for his further satisfaction declared That whether they had or had not yet they were good Witnesses or else they should not have been admitted Whereupon the Prisoner started another Question Whether having had their Pardons they might not fall under the same prospect in Law with an Approver not as being Approvers but as under some equivalence of reason for them From whence he would have inferr'd That if the Approver be pardoned the Appellee ought to be discharg'd To which the Court replied That an Approver was ever allow'd Maintenance and that there ought to be a proof of corrupt Contract or Subornation to invalidate a Testimony Then the Prisoner desired to know whether they had ever received or did not expect Gratifications and Rewards for their Discoveries To which Dr. Oates declared That he was 6 or 700 l. out of Pocket and knew not when he should see it again The Prisoner urged That Mr. Reading had told him that Mr. Bedloe had received 500 l. But the Court inform'd him that was for the discovery of the Murderers of Sir Edmondbury Godfrey Then these little Passes being all put by and he having nothing to answer to the Fact to invalidate the Witnesses he called in the St. Omers Gang which had all been heard and baffled but the day before to prove that Dr. Oates did not come over with those Persons he deposed he did nor at that Time but was at St. Omers in April and May which was the only Months they could answer any Questions about because as one of those Witnesses very honestly confess'd the Question that he came for did not fall upon any other Time Others of them contradicted themselves as to what they had spoke the day before one calling it the 24th of April New-Stile who yesterday call'd it Old-Stile another June who yesterday said July And the Woman of the VVhite-Horse Tavern affirming her House to be little and that there was never a Room therein that could contain near so many as Dr. Oates had deposed had met there at the Consult several in the Court presently contradicted her affirming that Fifty might dine at once in some of her Rooms Then Mr. Langhorne would have urged something against the Witnesses which they had said at other Trials the unreasonableness whereof the Court shew'd him Then several substantial Witnesses being sworn whereof one was a Papist deposed That they saw Dr. Oates in London in April and May 1678. which quite contradicted the St. Omer's Evidence Then Mr. Langhorn urg'd the St. Omer's Testimony notwithstanding against Dr. Oates's Evidence and affirm'd that he had never seen Mr. Bedloe before that day and that it was improbable that one that was in his way of Practice should become a Clerk to register Letters and that there was no proving a Negative disclaiming all Principles of Disloyalty leaving the rest to the Jury Therefore the Ld. Ch. Justice then summ'd up the Evidence and directed the Jury And then a Letter found among Harcourt's Papers five or six days after Dr. Oates had given in his Information to the King and Council was produc'd and read in Court to confirm Dr. Oates's Testimony about the Consult Then an Officer was sworn to keep the Jury who withdrew to consider of their Verdict and the Judges also went off from the Bench. After a short space the Jury returned and brought the Prisoner in Guilty upon which there was a very great Shout Then the five Prisoners cast the day before were all brought to the Bar and received Sentence together To be Drawn Hang'd and Quarter'd Mr. Recorder applying himself first to them in a very handsom Speech Which Sentence after a Month's Reprieve was executed upon him at Tyburn The Trials of Sir George Wakeman Bar. William Marshall Benedictine Monks William Rumley Benedictine Monks James Corker Benedictine Monks At the Sessions-House in the Old-Baily on Friday July 18. 1679. THen and there these Prisoners were Indicted for High-Treason for conspiring the Death of the King subversion of the Government and Protestant Religion whereto they all pleaded Not Guilty Their Jury were Ralph Hawtrey Esq Henry Hawley Esq Henry Hodges Esq Richard Downton Esq John Bathurst Esq Robert Hampton Esq William Heydon Esq John Baldwyn Esq Richard Dobbins Esq William Avery Esq Richard White Gent. William VVayte Gent. To whom the Indictment being read Edward VVard Esq of Counsel for the King in this Cause opened the Indictment and Sir Robert Sawyer opened the Charge And then Mr. Dugdale was first called to give a general Account only of the Plot. Who therefore being sworn deposed That for these seven Years he had known of the Plot and for two Years particularly and that in order thereto the best way was
the Ld. Ch. Justice Scroggs on Wednesday Feb. 11. 1679. THere the Prisoner was arraigned upon an Indictment for High-Treason for conspiring the Death of the King the Subversion of the Government and the Protestant Religion on Saturday January 24 1679. To which he pleaded Not Guilty desiring a Jury of his own Country-Men which was promised him and some Friend to assist him because he was deaf being above 85 Years of Age. On Wednesday Feb. 11 following the Prisoner being brought to his Trial the Jury sworn after several Challenges were Sir Thomas Hodson Richard Beaumount Esq Stephen Wilks Esq Jervas Rockley Esq Robert Leeke Esq William Batt Esq Charles Best Esq John Cross Esq Barton Allett Esq William Milner Esq John Oxley Esq Francis Oxley Esq To whom the Indictment being read Mr. Dormer Serj. Maynard and Mr. Attorn Gen. opened the same And then Mr. Bolron being sworn deposed that he came to live with Sir T. Gascoyne in 1674 as Steward of his Cole-works and in 1675 he being fearful of his Estate lest it might be liable to be forfeited to the King he was a Witness to a collusive Conveyance thereof and saw him colourably receive 1000 l. of Sir William Ingleby he and one Matthias Higgringil helping to count the Money In 1676 he heard the Prisoner say to one Christopher Metcalf that he was resolved to send 3000 l. to the Jesuits in London for the carrying on of the Design and that he would return it by 300 l. at a time to prevent Suspicion by the hands of Richard Phisicke and about the beginning of 77 he heard the Prisoner say that he had returned it and that if it had been a thousand times as much he would be glad to spend it all in so good a Cause In 77 that there was a Consult at Barnbow-Hall in Yorkshire which is the Prisoner's House where was Sir Miles Stapleton Charles Ingleby Esq Esquire Gascoyne the Lady Tempest Thomas Thwing Sir VValter Vavasor Sir Francis Hungate Mr. Middleton Robert Killinbeck a Jesuit and VVilliam Rushton a Priest their discourse was about establishing a Nunnery at Dolebank in hopes that the Plot of killing the King would take effect resolving they would venture their Lives and Estates to further it And the Prisoner concluded to give 90 l. a Year for ever for the maintenance of this Nunnery Upon which they all agreed that after his Death he should be canonized a Saint Accordingly the Prisoner did erect a Nunnery at Dolebank near Ripley where Mrs. Lashalls was Lady Abbess Mrs. Beckwith and Mrs. Benningfield her Assistants Ellen Thwing Eliz. Butcher Mary Root others were Nuns here they were to reside till the King was kill'd and then to remove to Heworth near York and here they did reside near a Year and an half till the Plot was discovered and he had seen several Leters from them to the Prisoner That about March last Esquire Gascoyne and Mr. Middleton got Licences from a Justice of Peace to travel to London and he heard them tell the Prisoner they designed to fly into France and accordingly sold off their Goods the Prisoner approving their Resolution That on May the 30th last the Prisoner bid the Witness go into the Gallery where one VVilliam Rushton his Confessor came to him and discours'd him about his having taken the Oath of Allegiance telling him it was a damnable Sin he having thereby denied the Power of the Pope to absolve him from it but that the Pope had Power to depose the King and had done it and that it was a meritorious act to kill the King and if he would undertake to do it he would assist him and give him Absolution quoting that Scripture Thou shalt bind their Kings in Fetters and their Princes in Chaines concluding that the King was deposed and it was meritorious to kill him and that unless he would turn Roman Catholick the Pope would give away his Kingdoms to another The same day the Prisoner talked with him in his Chamber and inquired of him what Rushton had said to him which he told him and then taking him by the hand the Prisoner told him if he would undertake a design that he and others had to kill the King he would give him 1000 l. but refusing to be concerned in Blood he desired him of all Love to Secresy That in September 1678. he heard the Prisoner tell his Daughter Lady Tempest that he would send 150 l. to Dolebanke in hopes the blow would be given shortly which she seemed to like and he heard a Letter read afterwards from Cornwallis that he had received it but it was too little for the carrying on so great a Design That he was a Protestant when he came first to the Prisoner's Service and turn'd Papist about VVhitsontide 1675. and left his Service in good Friendship July the 1st 1678. and turn'd Protestant again in June 1679. when he first made this discovery Mr. Mowbray deposed that he came to lie with Sir Tho. Gascoyne the beginning of 1674. and used to wait upon him in his Chamber and to be diligent in attending Mr. Rushton his Confessor at the Altar who therefore permitted him to be present in his Chamber where he heard him and other Priests discoursing in 1676 of a Design laid for setting up Popery and how likely it was to succeed most of the considerable Papists in England having engaged to act for it and if it could not be done by fair means force must be used declaring that London and York must be fired and that the King in Exile had promised the Jesuits beyond Sea to establish their Religion whenever he was restored which they now despaired of and therefore he was adjudged an Heretick and was to be killed and Rushton told the other Priests that according to Agreement he had given the Oath of Secresy and the Sacrament to the Prisoner and his Son and Daughter who had engaged to be faithful active and secret That about Michaelmas there was another meeting of these Priests and others where they declared that the King was an Heretick and that the Pope had excommunicated him and all other Hereticks in England Scotland and Ireland and that force was to be made use of And then did Rushton produce a List of about 4 or 500 Names of them that were engaged in the Design of killing the King and promoting the Catholick Religion which Rushton read over among which were the Names of the Prisoner Tho. Gascoyne Esq the Lady Tempest Mr. Vavasor Sir Francis Hungast Sir John Savile the two Townleys Mr. Sherborn and others and he knew the Prisoner's Name to be writ by his own hand They declared also that the Pope had given Commission to put on the Design with speed and had given a plenary Indulgence of 10000 Years for all that should act either in Person or Estate for killing the King and setting up Popery in England besides a Pardon and other Gratifications That the Priests that used
let him rot in Goal this being the Complaint of Harris and the Disparagement of all these Hummers and brave Fellows that seem to espouse the Cause and affront the Government And that hereby they had now ruin'd and undone Care if so be he were found Guilty whom otherwise he should have thought a more favourable Sentence might have serv'd The Jury then withdrawing for about an hour brought the Defendant in Guilty and the Ld. Ch. Justice and Mr. Recorder told them They had done like honest Men. The Trial of Elizabeth Cellier at the King's-Bench Bar on Friday June the 11th 1680. THen and there the Prisoner appearing and the usual Formalities being passed and the Jury sworn but their Names not inserted in the printed Trial the Indictment was read which was for High-Treason for conspiring the Death of the King and subversion of the Government and Protestant Religion And to this end expending divers Sums of Mony to several Persons to procure them to kill the King and to impose the said Treasons upon the Presbyterians c. For the Proof whereof Mr. John Gadbury deposed That he knew nothing of this Plot nor of any Contrivance of Mrs. Cellier's to kill the King but rather the contrary she being concern'd to bring Sir Robert Peyton over to the King's Interest and told him that one Smith and Phillips were willing to tell some Stories of Mr. Oates and Mr. Bedloe and that he had heard Mr. Dangerfield talk of a Nonconformist's Plot that would take off the Popish Plot. That upon the going over of one Clay she said she heard there were several Priests and Jesuits coming over That she fear'd the Nation would be destroy'd before the Popish Plotters were because abundance of the best of the Nation went into other Nations and spent their Mony abroad which weakened the Nation That meeting him in Westminster-Abbey she in discourse said that place had been filled with Benedictine Monks as the Temple had with Fryers and said she what if it should be so again That he had been acquainted with her 10 or 12 Years and when the King was ill at Windsor she did move some Questions to him about the Life of the King but he refused to tell her any thing and then she said she would consult some other Astrologer at the same time discoursing him about Dangerfield how to get him out of Prison Then Mr. Dangerfield came forth as a Witness against her whom she excepted against for that he had been Whipp'd Transported Pilloried and Perjured and by a Witness proved his Conviction of Felony c. To which he pleading the King's Pardon was sent away to fetch it and in the mean time Thomas Williamson deposed That Mrs. Gellien employed him to get Dangerfield out of Prison whosoever staid behind Margaret Jenkins swore She never saw Mrs. Cellier and Dangerfield together but twice and it was a Year ago at the Lady Powis's House and she never heard any Discourse about the Plot. Susan Edwards swore That she had oft seen them together and had heard her say That the Popish Plot would turn to a Presbyterian Plot. Bennet Dowdal swore That he had oft seen them together but never heard them talk of the Plot. Then the Court expected Mr. Dangerfield's return and in the mean time a Copy of a Record from Salisbury was read of his standing in the Pillory for uttering false Guinies as also a Copy of a Record of an Outlawry for Felony After about half an hours stay Mr. Dangerfield returned and brought his Pardon which was read and the word Felony omitted and his Pardon being thereby judged defective his Evidence was laid aside And so there being but one Witness the Jury return'd her Not Guilty so she was acquitted and Dangerfield for want of present Bail was committed The Trial of Roger Earl of Castlemain before the Ld. Ch. Justice Scroggs at the King's-Bench Bar at Westminster on Wednesday June 23. 1680. ROger Palmer Esq Earl of Castlemain in the Kingdom of Ireland having been Arraigned at the King's Bench Bar June 16. 1680. for High-Treason in conspiring the Death of the King the subversion of the Government and introducing of Popery and Arbitrary Power c. To which he pleaded Not Guilty He was now brought again by the Lieutenant of the Tower to the Bar to receive his Trial. And his Jury were Sir John Cutler Kt. Bar. Sir Reginald Foster Bar. Henry Herriott Esq Richard Cheney Esq Thomas Johnson Esq John Roberts Esq Francis Dorrington Esq Hugh Squire Esq Charles Good Esq John Pulford Esq Edward Claxton Esq Francis Mayhew Gent. To whom the Indictment being read Mr. Bonithon of Counsel for the King in this Cause and Mr. Attorney General opened the same Then Dr. Oates was sworn who deposed That when he returned out of Spain in Novemb. 1677. he brought a Letter thence from the Fathers to the Prisoner wherein was expressed That the Fathers in Spain were very zealous to concur with the Fathers here in England in the Design the Letter being shewn him before it was sealed Which Letter he delivered to Strange the then Provincial to give to the Prisoner And that in December following the saw a Letter at St. Omers from the Prisoner to the Fathers wherein he gave them an account of his Letter from Spain and was glad the Fathers there had so good an Opinion of his Integrity in the Cause That in March he saw another Letter of the Prisoners to the Fathers at St. Omers importing his dislike that the Secular Clergy should be trusted with the Design That in April he came over into England to the Consult soon after which he saw the Prisoner come and enquire about the Copies of some Letters to be sent up into Germany and did desire that an Agreement between them the Jesuits and the Monks might be made up that so they might have the Assistance of that Order to carry on the Design That afterwards he heard the Prisoner and Mr. Langworth and Mr. Fenwick talking in Fenwick's Chamber about the Transactions of the Consult and how unanimous the Fathers were in signing of it and the Prisoner then said That now he should be reveng'd for the Injuries done to him That he saw in Strange's Hand an Account of a Divorce that was between the Prisoner and Barbara Dutchess of Cleveland And that he heard the Prisoner say he had been at great Expence about a Divorce and a Priest's Chamber being searched there was a Paper found wherein the whole Case was stated Then the Prisoner and the Ld. Ch. Justice cross-examin'd Dr. Oates a long time to have catch'd him but were not able Then Mr. Dangerfield was called but the Prisoner opposed his being sworn because he had been Out-lawed for Felony and burnt in the Hand for Felony and the Records were produced But Mr. Attorney General shewed his Pardon by which he was restored But this the Prisoner desired his Counsel might speak to Whether a Man branded and
Years and was always bred so till he travelled towards Rome After him Mr. Dugdale was sworn and deposed That he had been acquainted with a Design of introducing Popery about 15 or 16 Years and that he had seen several Letters from beyond-Sea of Mony Men and Arms being ready to Assist That Collections of Mony were made in the Country and 500 l. paid to him so collected which he paid to Mr. Evers to return to London to discharge an Account count of Arms and Things received from beyond-Sea and for carrying on this Design That he himself had given them an Estate of 400 l. Value and because he knew Mony would be wanting had promis'd an 100 l. more as soon as the Lord Aston and he had accounted for this Design and the praying for his Soul That the King of France had promised his Assistance and the Pope allowed some part of his Revenue for the same purpose That of late he had been at several Consultations wherein the Death of the King was discoursed which was intended to be about November December or January 1678. and saw Letters from Paris which advised that it should be thrown upon the Presbyterians who had killed the old King and were likeliest to be thought to have done this and so they might easily get the Protestants of the Church of England to join with the Papists against them to the weakning of Protestantism and accomplishment of their Design That it was agreed that the Lord Aston Sir James Symons and others should go in October 1678. to dispose of Arms to the value he heard of 30000. l. That after the King had been killed an Army was to have appeared to have cut off all that should escape the Massacre which also was designed That he bad been put upon to make Foot-Races to draw People together that they might the better have Discourses together without suspicion That he saw a Letter from the Lord Stafford to Mr. Ewers to shew that things went on well beyond-Sea and hoped they did so here and that particularly the Lord Stafford was by at a Consult about September 1678. with Mr. Heveningham Sir James Symonds Mr. Vavasor Mr. Petre Mr. Howard and the Lord Aston about the Death of the King and that Mr. Heveningham Sit James Symons the Lord Aston Mr. Draycott Mr. Howard and Mr. Gerard did of his knowledge contribute Mony for carrying on the Plot. That he saw a Letter from Whitebread to give Mr. Ewers a Caution to trust only stout and trusty Fellows no matter whether they were Gentlemen or no for killing of the King and another Letter from Harcourt to Ewers dated Octob. 12. and received the 14th 1678 wherein it was said This night Sir Edmondbury Godfrey is dispatched the reason whereof was Ewer's said because he had shewn himself too eager upon Oates's Examination before him and that therefore the Duke of York sending to Coleman to desire him not to reveal what be knew of the Plot Coleman mistrusting Sir Edmonbury sent word back that it would be never the nearer because he had been so foolish as to reveal all to Sir E. Godfrey who had promised to keep it all as a Secret but that now he feared he would witness against him Whereupon the Duke sent word back again That if he would but take care to conceal he should not come in against him And upon this he was quickly dispatched That be had oft been brought to the Oath of Secresy and the Sacrament and particularly when he withdrew on a Monday about the 18th or 19th of November 1678 from the Lord Aston's when he carried all his Papers and burnt them at a Neighbouring-house because he knew they would discover him and others concerned in the Plot But afterwards understanding such his Promises of Secrecy were better broke than kept he came in to make his Discovery Then Mr. Prance deposed That in 1678 he went to one Singleton a Priest at one Hall's a Cook in Ivy-Lane who told him That he did not fear but in a little time to be a Priest in a Parish-Church and that he would make no more to stab 40 Parliament-Men than to eat his Dinner which at that very time he was a doing Then Dr. Oates was sworn and told how in the Year 1676 he was admitted Domestick Chaplain to the Duke of Norfolk being then a Minister of the Church of England Where he became accquainted with some Popish Priests and was told from one Singleton That the Protestant Religion was upon it's last Legs and it would become him and all Men of his Coat to hasten betimes home to the Church of Rome Having a strong suspicion some Years before of the apparent growth of Popery to satisfy his Curiosity he pretended some Doubts and at last a Conviction by she Jesuits because he observed them most able to inform him and accordingly was reconciled on Ashwensday 1676 7. Soon after Strange the then Provincial told him his Ordination was invalid and he must become a Lay-man then he desiring to be of their Order the Fathers upon a Consultation at Wild-House admitted him and because his Years were not suitable to be a novice they proposed travelling to him to go beyond-Sea and do their Business This he accepted and accordingly went April 1677 into Spain to Validolid having their Letters of Recommendation where he found Letters come from England before him and dated in May wherein was expressed That the King was dispatched which caused great joy to the Fathers but afterwards Letters dated the latter end of May came to certify their Mistake and to desire the Fathers to stifle the News Some Letters he opened also by the way wherein was an Account of a Disturbance designed in Scotland and of the Hopes they had for carrying on the Catholick Cause in England That in June Letters came thither expressing That Beddingfield was made Confessor to the Duke of York whom they hoped would prevail much with him in order to this Design and that Letters from St. Omers dated the same Month gave account That Father Beddingfield had assured them of the Dukes willingness to comply with them That travelling through this Country he found that Mony had been there raised and sent to England and particularly that the Provincial of the Jesuits of Castile had advanced 10000 l. promised to be paid in June following That upon some Missioners arriving there in December one Mumford alias Armstrong preach'd That the Oaths of Allegiance and Sumpremacy were Antichristian Heretical and Devilish vilifying and abusing the King's Legitimacy saying That his Religion intitled him to nothing but sudden Death and Destruction In November he return'd for England and coming into Strange's Chamber there was Father Keins lying ill upon Strange's Bed and Keins was saying He was mighty sorry for honest William so they called Grove that was to kill the King for missing in his Enterprize They being more zealous for killing the King after he had refused Coleman the
Dissolution of the Long Parliament He came to St. Omers December 9th or 10th N. S. and carried Letters from the Provincial and other Fathers wherein Strange told them he had great hopes of effecting their Design next Year but as yet they could not That they had Letters from their New Provincial VVhite-bread the same Year to order Conyers to preach on St. Thomas of Canterbury's day saying he would be as zealous for carrying on of their Design as his Predecessor had been In that Sermon Conyers after he had commended the Saint and declared how unworthily he was sacrificed did inveigh against the Tyranny as he called it of Temporal Prince and particularly of the King of England Declaring that the Oaths of Allegiance and Supremacy were Antichristian and Devilish and that it was fit to destroy all such as would countenance them In January they had Letters from Ireland of the Resolution of the Papists there to let in the French King provided the Parliament should urge the King to break with France and of their Zeal to vindicate their Freedom and their Religion from the oppression of the English as they called it In March Letters from England gave account That there had been a very shrewd Attempt made upon the Person of the King and that the flint of Pickering's Gun was loose and his Hand shaking the King did then escape for which Pickering received a Discipline and Grove a Chiding At the latter end of the same Months 1678 came a Summons to a Consutt to which eight or nine came over whereof the Witness was one It began at the VVhite-Horse Tavern where they consulted about some things of the Society and afterward adjourned into particular Societies where they did debate and resolve the Death of the King and that Grove should have 1500 l. for his pains and Pickering a Religious Man 30000 Masses Presently after he returns to St. Omers and after him the New Provincial who ordered him back again to England where he arrived at Dover June 14 meeting there with Fenwick with whom he came to London the 17th Letters arriving just after them wherein were Proposals to be made to Sir Geo. VVakeman for poisoning of the King and that the 10000 l. promised by the Spaniards and received accordingly at the time in London should be offered him Coleman thought it too little Langhorn too much saying he was a narrow-spirited Soul and that he ought to do so great a piece of Service for nothing There was 5000 l. of it paid him as he saw entred in the Books and Father Ashby in July renewed the Proposal of 15000 l. and Fenwick in August gave an account to the Provincial of it's being accepted of In July Strange coming to Town informed him in discourse how the City was fired and how many of those concerned in it were taken and that they were released by the Duke of York's Guard and that all the Order they had for it they pretended was from the Duke In July he discover'd to Dr. Tongue of which the King had Notice 13th or 14th of August and by the 3d of September he was betray'd and exposed to the Vengeance of the Papists whose Plot he had thus Discovered Then to fortify Dr. Oates's Evidence Mr. Dennis was called who deposed That he saw Dr. Oates at Vallidolid in Spain and related what Discourse they had together and how they came acquainted and how the Doctor lent him Mony to defray the Expence of his Journey and sent a Letter by him to Madrid which he heard read and related the Contents of it That he had both heard of and seen Mony collected in Ireland naming the Collectors thereof in the Year 1668 for the encouragement of the French King to bring in an Army thither acknowledging himself to be now a Dominican Fryer and a Papist Mr. Jennison being sworn deposed That in 1678 he had heard Mr. Ireland and Mr. Thomas Jennison his Brother both Jesuits speak of a Design to get a Toleration by bribing the then Parliament by a great Sum of Mony procured from their Party And of securing the Duke of York's Succession by getting Commissions to be granted out to the Papists to be ready to rise upon the Death of the King saying also their Religion could never flourish till the Government was altered to the French Model In June 1678 he heard Mr. Ireland say in his own Chamber That Popery was like to come into England and there was but one stood in the way that it was an easy thing to poison the King and that Sir George Wakeman might easily and opportunely do it In August after be also was at his Chamber and found Mr. Ireland newly come out of Staffordshire being then drawing off his Boots and discoursing of the suddenness of Popery coming into England he tempted the Witness to be one to go to Windsor to take off the King which he refusing Ireland asked him if he knew any Irish Men that were flout and couragious and upon his naming some he took their Names asking him for 20 l. which the Witness owed him saying he should need 80 l. That he had heard his Brother Thomas Jennison in Discourse use that Expression which Dr. Oates hath in his Narrative If C. R. would not be R. C. he should not be long R. C. Interpreting it thus in Latin Si Carolus Rex non esset Rex Catholicus non foret diu Carolus Rex Asserting further That if the King were excommunicated he were no longer King and it were no Sin to take him off and if it were discover'd who did it two or three might suffer but denying the Fact the Matter soon would be blown over That about two Months after the Mustering upon Hounslow-Heath about the latter end of July and before the Discovery his Brother told him of a Design in which the Queen and the Duke and several Lords were concerned and that a new Army would be raised to bring in Popery but he would not tell him more Particulars till he had received the Sacrament of Secresy He told him that one Mr. Oates also a Person newly come over to them was in this Design which Oates he saw the latter end of April or beginning of May in Mr. Ireland's Chamber About the time of Coleman's Trial he heard also one Mr. Cuffil a Jesuit say at his Sister Hall's in Berk-shire in Shinfield-Parish That he thought Mr. Coleman was infatuated upon the Discovery of the Plot to give notice to Harcourt Ireland and Fenwick and the other Jesuits to burn or secture their Papers and yet not to secure his own Then saying also that Bellarmine did draw this Sentence out of the Scripture to favour the Pope's Authority of Excommunicating Depriving and Deposing Temporal Princes Quod Papa habeat eandem potestatem super Reges quam Jehojads habuit super Athaliam and that there were other corroborating Testimonies among the Fathers for it After tins the Records of the Attainder of Coleman
last Mr. Bulstrode was asked by the Prisoner What Message he brought and what proffer he made from the Court to his Wife But to this he would say nothing only that Fitz-Harris's Wife refused to be examin'd unless the King would speak to her alone The Dutchess of Portsmouth would likewise own nothing concerning him but that she had three or four times spoke to the King for him to get his Estate in Ireland and that what Mony he had had from her was only for Charity After this the Prisoner concluded his Defence complaining of his hard Usage professing his enmity to the French Interest and that Everard knew the Design of that Libel was otherwise concluding that the Jury could not find him now Guilty because of his Impeachment in a Superior Court The Sol. General then summ'd up the Evidence and Serj. Jefferies and the Ld. Ch. Justice gave the Charge to the Jury who desired the Opinion the Court since the Prisoner had been impeached whether they were compellable by Law to give a Verdict in this Case upon him To which The Ld. Ch. Justice said That the Vote of the Commons viz. That the Prisoner should not be tried in any other Inferior Court could not alter the Law and that the Judges of this Court had conference with all the other Judges concerning this Matter and it was the Opinion of all the Judges of England that this Court had a Jurisdiction to try this Man After which Justice Jones was of Opinion That if the Prisoner were acquitted on this Indictment it might be pleaded in Bar to the Impeachment Justice Dolben and Justice Raymond declared they were of the same Opinion The Jury withdrew for half an hour and then brought the Prisoner in Guilty And on Wednesday June 15. 1681. the Ld. Ch. Justice sentenc'd him to be Drawn Hang'd and Quartered Which was accordingly executed upon him together with Plunket at Tyburn on Friday July 1. 1681. The Trial of Dr. Oliver Plunket Titular Primate of Ireland before the Lord Chief Justice Scroggs at the King's-Bench Bar at Westminster on Wednesday June 8. 1681. ON May the 3d. 1681. the Prisoner was there Arraign'd upon Indictment of High-Treason for Conspiring the Death of the King and to levy War in Ireland and to alter the Religion there and to introduce a Foreign Power To which he urged that he had been arraigned for the same Treason in Ireland and at the Day of his Trial the Witnesses against him did not appear But the Court shew'd him the invalidity of that Plea because he had never yet undergone any Trial therefore he Pleaded Not Guilty On Wednesday June 8. following he was again brought to the Bar and still urged for more time because he pretended he had not yet got over all his Witnesses and some Records from Ireland But he having already had five Weeks the Court would not hearken and therefore the Jury sworn were Sir John Roberts Thomas Harriott Henry Ashurst Ralph Bucknall Richard Gowre Richard Pagett Thomas Earsby John Hayne Thomas Hodgkins James Partherich Samuel Baker VVilliam Hardy To whom the Indictment being read the same was opened by Mr. Heath Serj. Maynard and Mr. Attorny General And then Florence VVyer being sworn deposed That he knew there was a Plot in Ireland both before Plunkets time and in his time which was working in 1665 and 1666 but was brought to full maturity in 1677 then Col. Rely and Col. Bourne being sent from the French King into Ireland with a Commission to muster as many Men as they could promising to send an Army of 40000 Men to land at Carlingford on St. Lewis-day to destroy all Protestants and set up the French King's Authority And one Edmond Angle a Justice of Peace and Clerk of the Crown sent for all the Rebels abroad in the North to come up into the County of Longford and they marched into the head Town of the County and fired it the Inhabitants fled into the Castle but Angle being shot the Rebels fled and carried with them all the Papers Angle had in his Pocket Hereupon Col. Bourne became suspected and was imprison'd and Col. Rely fled into France and the Plot lay under a Cloud till the Prisoner came to be Primate which he got by the French King's help upon his promising to prepare things in Ireland for his Interest and that about 10 or 11 Years ago in the first Year of his Primacy when the Prisoner came to the Friery at Armagh he being there one Quine told him That they thought Duffy would have been Primate said he 't is better as it is for Duffy hath not the wit to do those things that I have undertaken to do That he had heard the Prisoner own himself to be made Primate by the Pope and that he writ himself Oliverus Armacanus Primat Metropolitanus totius Hiberniae and had made Warrants sub paena suspensionis for his Priests to pay Mony for to supply the French Army and to let him know how many there were in all their Parishes from sixteen to sixty And that he had seen him going from Port to Port and that he pitch'd on Carlingford as most convenient for the French to land at Henry O-Neal deposed That in August 1678 Bishop Tyrril came with 40 odd Horse-Men to Vicar-General Brady's House where he gave them all the Oath of Secrecy to forward the Plot against the Protestants whom he said they would make an end of from end to end in Ireland in one hour and that he should have an Order for it from the Lord Oliver Plunket and that he and Plunket had sent Mony into France to get Men and to bring them into Ireland Neal O-Neal deposed the same he also being at that time at Vicar Bradey's House being August 21. 1678. Owen Murfey only swore That Lieutenant Baker told him That Mr. Edmond Murfey did discover the Plot to him that there was a Design to bring in the French but of his own Knowledg he could say nothing Hugh Duffy deposed That he had seen several of the Prisoner's Orders to raise Mony and had collected some for him being Curate of Cogham and a Fryer and had by his Order returned him also a list of the Age of every Person in his Parish from 16 to 60 and that he accompanied him when he view'd the Port of Carlingford which he thought most convenient for landing the French and had seen his Letter in France to Cardinal Bovillon that he should prevail with that King not to invade Spain but rather wage War with the King of England who had been an Apostate and help their poor Country that was daily tormented with Heretical Jurisdiction That he was present at a great Consult near Clouds where the Prisoner was Chief and gave special Order for a List to be got of all the Officers in the late Rebellion and that lost their Estates because they would be more forward in this Design That he himself was forward
herein till he had been in France in 1677 and there seeing the slavery of the French People he thought it were better the Devil should reign over them than the French-Man Edmond Murfey hesitated much in giving his Evidence tho he had given it in the fullest of any to the Grand Jury but afterwards he ran away and was found at the Spanish Ambassadors though he owned that the Prisoner was to get 60 or 70000 l. for the establishing Popery But because he fenced in his Evidence the King's Counsel desired he might be committed which was done accordingly John Mac-Legh a Parish Priest in the County of Monagham in Ireland deposed That the Prisoner had received several Sums of Mony there and he had raised and paid him some for Arms and Ammunition for the Papists That he was at Vicar Bradey's House when Bishop Tyrrill came thither And that in France he had seen the Conditions upon which the Prisoner was made Primate which was to raise Men to join with the French to destroy the Protestant Religion John Moyer a Regular Priest and Begging Frier deposed That in 1672 he met with a Letter of the Prisoners in Caprennica directed to the Secretary of the Colledg De Propaganda Fide which he opened and copied producing the Copy wherein was said That 't was more proper for the Catholick Princes to agree together to extirpate Heresy than to vary among themselves that now was the time for there were 60000 Men ready to rise upon such an Invasion That in 1674 when he came into Ireland he told the Prisoner of this Letter and that he had seen it who thereupon pray'd him to be secret for what he did was not for his own Good but for the publick Good of the Catholicks who proffered him high Promotions if he would further the Design That he was at a Consult afterwards where the Primate Bishop Tyrrel and others were where they concluded to send Capt. Con O-Neale to France and Barcellona with certain Instruments wherewith the Captain shortly went and the two Bishops undertook to view Munster and Vlster and that this was in 1676. To all this the Prisoner only protested his Innocency complaining that his Witnesses and some Records he had not had time to procure and that the Jury were Strangers to him and the Witnesses and that by being brought out of his Country his Life was in danger where these Witnesses would not have been believed against him Then Mr. Sollicitor General and Serj. Jefferies having summ'd up the Evidence and the Lord Chief Justice giving the Charge the Jury withdrew for a quarter of an Hour and then brought the Prisoner in Guilty And on Wednesday June 15. after the Prisoner had pleaded the same things over again and informed the Court that now his Witnesses were come as far as Coventry being shew'd the insufficiency of such a Plea after so long time the Court had given him before his Trial the Lord Chief Justice sentenc'd him to be Drawn Hang'd and Quartered Which accordingly was execcuted upon him together with Fitz-Harris at Tyburn on Friday July 1. following The Trial of Sir Miles Stapleton at the Assizes at York on Monday July the 18th 1681. THen and there the Prisoner appearing having been arraigned and pleaded Not Guilty to Indictment of High Treason for conspiring the Death of the King and Subversion of the Government and Protestant Religion after several challenged on both sides the Jury sworn were Sir Barrington Boucher Kt. Sir John Jennings Kt. Richard Hutton Esq VVelbrough Norton Esq Tobias Hodgson Esq John Beverly Esq Anth. Frankland Esq John Adams Esq Francis Battery Esq Francis Fuldgam Esq Humphry Brooke Esq Thomas Lee Esq To whom the Indictment being read and then opened by Sir Thomas Stringer of Counsel for the King in this Cause the King's Witnesses were Mr. John Smith who being sworn told what he knew of the Plot in general much like what he related at the Trial of my Ld. Stafford to which the Reader is referred As to what he knew of the Plot in Yorkshire was that while he lived with Mr. Jennison Mr. Thwing the Priest who had suffered as a Conspirator much perswaded him to intreat Mr. Jennison to send his Daughters to Dolebank where a Nunnery was to be erected and he knew several that were there That he told him Sir Miles Stapleton was very zealous for promoting Popery and had contributed largely to it and was engaged with several others for making a Founder for Dolebank Then Mr. Robert Bolron deposed his Knowledg of the Plot just as he had done before at Thwing's Trial charging the Prisoner to have been at that Consult at Barnborow-hall in 1677 and thereat promised to give 200 l. towards the killing of the King It being then resolved to be done and Pickering mentioned to do it and it was said that if the D. of York did not please they would serve him as they would serve his Brother That one Sherborn told him that Sir Miles was to be a Privy-Councellour and that they would procure the Dukes consent to it That he was also at a Consult at Barnborow June the 13th 1678. and there it was agreed upon taking of Hull the letting in of the French there discoursing that the Ld. Bellasis had caused the Block-Houses to be almost ruin'd that the French might more easily come in and they had all Pardons for their Sins and that he had seen a collusive Conveyance of the Prisoner's Estate Then Mr. Lawrence Mowbray deposed that Sir Miles was at the Consult in 1676 at Rushton's Chamber where Rushton gave him the Oath of Secrecy and he promised to be true to the Design and would venture his Life and Estate for the promoting of so good a Cause Then Mr. Bayns was sworn who only depos'd that he had seen Sir Miles at several meetings at Barnborough-hall but knew nothing of what was discoursed thereat Then Sir Miles Stapleton began his Defence protesting his Innocency and having cross examin'd only Bolron he called Mr. Lowther to prove he did not accuse him when he was examin'd by him Yea Mr. Lowther said he told him that he knew nothing against Sir Miles but believed he was clear But afterwards he told him that Mowbray could accuse him and of what which Bolron denied both Then Sir Thomas Yarbrough testified that Bolron told him also Aug. 10 1679. that he knew nothing of Sir Miles's being concern'd in the Plot but believed him to be a very honest Gentleman only he knew he had made a collusive Conveyance of his Estate as most Papists he believed had done for Security Bolron denied this and deposed that he accused Sir Miles to the Council not in his first but second Information which was after the 10th of August The Lady Yarbrough then gave in the same Testimony with her Husband Mr. Normanton testified that in June 1679. Bolron told him that Sir Tho. Gascoyne would give 1000 l. for killing the King and the
and he should have a Pardon and that if the King did deny it as he durst not they would rise upon him and force him After him Bernard Dennis being sworn gave some account of his first coming into England and how he began his Acquaintance with the Earl of Shaftsbury and was recommended by him understanding him to be a Clergy-Man to Dr. Burnet and afterward to Mr. Ferguson in order to the bringing him over and how my Lord proffer'd him a Benefice And that one time being with him my Lord asked him How many there might be of his Name in his Country and told him that he would have him to advise those of his Name and Friends to be in a readiness when-ever occasion shall serve to stand by and assist the Common-Wealth of England for that they did really intend to have England under a Common-Wealth and would extirpate the King and all his Family as near as they could And said he admir'd at the Irish Nation to be such Fools for that it was very certain that King James Queen Elizabeth King Charles the First and the King that now is does wrong them to very Destruction But that a Common-Wealth would take more pity of them than any do now in this time wherein the King governs Here the King's Evidence ceasing the Jury enquired upon what Statute the Indictment was grounded and whether any of these Witnesses stood indicted To which the Court returning a satisfactory Answer they withdrew and the Court adjourned till three of the Clock When being sat again the Witnesses were all called one by one and examined by the Jury concerning what they had severally deposed Wherein nothing was remarkable but what they examin'd Mr. Secretary Jenkins Whether he heard not a Debate in the House of Commons about an Association And that Booth acknowledged himself to be in Orders tho now not Beneficed Turbervile and John Macnamarra that though they signed the Petition to the Common-Council for some Maintenance and that they were tempted to revoke their Evidence yet never read it nor knew what was in it And that Haynes further said That he heard the Lord Shaftsbury say at a Pastry-Cook's Shop in Iron-Monger Lane that the King had no more Religion than an Horse That when he came came first to England he was inclined to Popery but since he was degenerated from all the Principles of Christianity being just like a perfect Beast The Witnesses being examined the Jury withdrew and took the Statute-Book with them and returned the Bill Ignoramus Upon which the People fell a Hollowing and Shouting which Mr. Attorn Gen. desired might be recorded The Trial of Charles John Count Conningsmark Christopher Vratz Captain John Stern Lieutenant and Charles George Borosky alias Boratzi before the Lord Chief Justice Pemberton At the Old-Baily on Tuesday February the 28th 1681. THE Prisoners then and there appearing were Arraigned for the barbarous Murder of Thomas Thynn Esq And being Foreigners Mr. Vandore and Sir Nathaniel Johnson were sworn Interpreters They pleaded Not Guilty and desired their Jury might consist of half Foreigners which was granted And the Count desired his Trial might be put off a day or two and that he might be tried by himself neither of which were granted Then after some Challenges on both sides the Jury sworn were Sir William Roberts Bar. Moses Charas Gent. Richard Pagett Esq Charles Beelow Gent. George Hocknal Esq Peter Vandenhagen Gent. Walter Moyle Esq Christopher Ripkey Gent. Thomas Henslow Esq Daniel Griggion Gent. John Haynes Esq John Lebarr Gent. To whom the Indictment was read and Mr. Keen and Sir Francis Withens opened the same and then William Cole deposed That on Sunday Feb. 12. about a quarter after Eight at Night his Master Thomas Thynn Esq was coming up St. James-Street from the Countess of Northumberland's and he was walking with a Flambeau in his Hand before the Coach and coming along at the lower end of St. Albans-Street he heard the Blunderbuss go off and turning his Face back saw a great Smoke and heard his Master cry out he was murdered and saw three Horsemen riding away on the right side of the Coach whom he pursued and cried out Murder He ran to the upper end of the Hay-Market till he was quite spent and then turning back again his Master was got into the House whom he understood was wounded One of the Men was upon a little Bay Horse William Ellers deposed That then and there he coming with his Master from the Lady Northumberland's there came three Men riding by the right side of the Coach and as they rid one of them turned about and said Stop you Dog And just as he looked about the Fire was let into the Coach upon his Master and the Men ran away as fast as they could and that he could not know any of their Faces Mr. Hobbs the Chirurgeon deposed That he was with Mr. Thynn about nine or ten a Clock that Night he was wounded and found him shot with four Bullets which entred into his Body tore his Guts and wounded his Liver and Stomach and Gall and broke one of his Ribs and wounded the great Bone below of which Wounds he died and believed there as never a Wound but was Mortal He shewed the Court the four Bullets two of which he thought might be Iron one he found in the Stomach one between the Ribs and the Skin and two were lodged in the Back-bone Then Mr. White the Coroner deposed That on Feb. 13. he sat upon the Body and found four Holes on the right Side behind his short Ribbs as if made with Bullets and he gave order to open the Body and saw Mr. Hobbs take out the four Bullets Boresky being then told what was said replied That he fired the Blunderbuss but did not know how many Bullets there were because he did not charge it but he could tell who did But the Ld. Ch. Justice said that would not be material because his Evidence could charge no Body but himself Then Mr. Bridgman and Sir John Reresby deposed That Borosky Vratz and Stern were examined by them and proffer'd to read their Examinations but the Ld. Ch. Justice would not suffer it because their Evidence could charge no Body but themselves and he would not let the Jury be possess'd by that which is not Evidence And therefore they were only suffer'd to help their Memories by the Examinations and to mention only what they had confessed as to themselves Therefore they said that Borosky then confessed that he came into England at the desire of Count Conningsmark But here the Ld. Ch. Justice interrupted again the Evidence and bid Mr. Bridgman only relate his Confession as to himself which was That he fired the Musquetoon by the Captain 's Order who had before bid him to fire as soon as ever he stopped the Coach Capt. Vratz confessed that he came with a Design to fight Mr. Thynn having sent him Challenges by Post from
Messengers attending the Court delivered to the Dean of St. Pauls a Warrant from the Ecclesiastical Commissioners to cause this Sentence to be affixt on the Door of that Chapter-House and to certify them of the due Execution hereof Dated Septemb. 28 1686. and sealed with the same Seal as the Sentence which was annexed thereto but no Persons Names Subscribed To the Dean and Chapter of London The Proceedings and Trial in the case of the most Reverend Father in God William Lord Arch bishop of Canterbury and the Right Reverend Fathers in God William Lord Bishop of St. Asaph Francis Lord Bishop of Ely John Lord Bishop of Chichester Thomas Lord Bishop of Bath and Wells Thomas Lord Bishop of Peterborough Jonathan Lord Bishop of Bristol in the Court of Kings-Bench at Westminster in Trinity-term in the 4th Year of the Reign of King James the 2d Annoque Domini 1688. THese Peers were present on Friday June the 15th 1688 when the Lords the Archbishop and Bishops were brought into Court from the Tower upon the Habeas Corpus Viz. Ld. Marq. of Hallifax Ld. Marq. of Worcester Earl of Shrewsbury Earl of Kent Earl of Bedford Earl of Dorset Earl of Bullingbrook Earl of Manchester Earl of Burlington Earl of Carlisle Earl of Danby Earl of Radnor Earl of Nottingham Ld. Visc Fauconberge Ld. Grey of Ruthyn Ld. Paget Ld. Chandoys Ld. Vaughan Carbery The aforesaid Bishops appearing then and there about eleven a Clock at Mr. Attorney General 's motion the Writ and Return were read in Court Sr. Robert Wright Ld. Ch. Justice Judges Mr. Justice Holloway Judges Mr. Justice Powell Judges Mr. Justice Allybone Judges Then the Bishops being sat in Chairs provided there for them the Attorney General motion'd an Information to be read against them which Sir Robert Sawyer Serj. Pemberton Mr. Pollexfen and Mr. Finch oppos'd being of Counsel for the Bishops requiring a Discharge for the Prisoners because their Imprisonment was illegal the Persons committing having no Authority to commit being said to be Lords of the Council and not in Council and the Fact for which they were committed being a bare Misdemeanour the Bishops as Peers of the Realm ought to be served with the usual Process of Subpoena and not to be committed to Prison and therefore the Bishops not being now regularly in Court they ought to be charged with no Informatian by the express Statute of Edward the 3d. The which Objections caused a long and learned Debate on both sides till at length the Judges over-ruled it only Mr Justice Powell refused to determine without consulting Precedents Then the Information against the Bishops was read the Substance whereof was That whereas the King put out his Declaration for Liberty of Conscience on the 4th of April in the 3d Year of his Reign in which is contained c. Here that Declaration was inserted and on the 27th of April in the 4th Year of his Reign did publish his other Declaration entitled c. Here that Declaration also was inserted which last Declaration he on the 30th of April following caused to be printed and for the more solemn Notification of his favour therein did on the 4th of May following order the same to be read in all Churches c. Here that order of Counsel was inserted After the making of which Order viz. on the 18th of May following at Westminster in Middlesex the seven Bishops being here named did consult and conspire among themselves to diminish the Regal Authority and Royal Prerogative Power and Government of the King in the Premisses and to infringe and elude the said Older and in Prosecution and Execution of the Conspiracy aforesaid they the said Bishops here again naming them with Force and Arms c. there and then falsly unlawfully maliciously seditiously and scandalously did frame compose and write c. a certain false feigned malicious pernicious and seditious Libel in Writing concerning the King his Declaration and Order aforesaid under pretence of a Petition then and there subscribed by them and in the presence of the King did publish wherein is contained Here the Bishops Petition was inserted Whereupon the Attorney General pray'd the Advice of the Court and due Process of Law to be made out against the aforesaid Bishops c. to answer to our Lord the King in and concerning the Premisses Then the Bishops Counsel moved for an Imparlance till the next Term and very learnedly and largely debated with the Kings Counsel concerning the course of the Court as to that Particular but were over-ruled in it Then the Arch-bishop in behalf of himself and his Brethren the other Defendants tender'd their Plea in writing which was read and its Receipt debated but because it was writ upon Paper and not upon Parchment and contained no more than what had been already debated and over-ruled the Court rejected it and put them therefore upon it to plead presently to the Information which they all did Not Guilty and this day fortnight appointed for their Trial at this Bar the Court taking the Bishops own Recognizance of the Arch-bishop in 200 l. and the rest in 100 l. apiece then and there to appear after which the Court arose ON Friday the 29th day of June being the Feast of St. Peter and St. Paul the Bishops then and there made their Appearance Sr. Robert Wright Ld. Ch. Justice Judges Mr. Justice Holloway Judges Mr. Justice Powel Judges Mr. Justice Allybone Judges These Peers being present viz. Ld. Marq. of Hallifax Ld. Marq. of Worcester Earl of Shrewsbury Earl of Kent Earl of Bedford Earl of Pembrook Earl of Dorset Earl of Bullingbrook Earl of Manchester Earl of Rivers Earl of Stamford Earl of Carnarvon Earl of Chesterfield Earl of Scarsdale Earl of Clarendon Earl of Danby Earl of Sussex Earl of Radnor Earl of Nottingham Earl of Abington Ld. Visc Fauconberge Ld. Newport Ld. Grey of Ruthyn Ld. Paget Ld. Chandoys Ld. Vaughan Carbery Ld. Lumley Ld. Carteret Ld. Ossulston 'T is possible more of the Peers might be present both days whose Names by reason of the Croud could not be taken The Bishops Names being called over the Jury was sworn whose Names follow viz. Sir Roger Langley Bar. Sir William Hill Kt. Roger Jennings Esq Thomas Harriot Esq Jeoffery Nightingale Esq William Withers Esq William Avery Esq Thomas Austin Esq Nicholas Grice Esq Michael Arnold Esq Thomas Done Esq Richard Shoreditch Esq To whom the Information against the Bishops was read And then Mr. Wright opened the charge to which Mr. Attorney General spoke shewing that the Bishops were prosecuted not as Bishops or for any point of Religion but as Subjects and for a Temporal Crime And that also they were prosecuted not for omitting any thing but for doing something even censuring of his Majesty and Government The Heinousness of which Crime he opened and laid down the Method they would proceed in to prove it And according to the Method observ'd in the Information that every thing might
no Advantage should be taken or use made of it Upon which the Kings Counsel again urged that the Paper might be now read but the Bishops Counsel still opposed it pleading that first it ought to be proved that this Libel as they call'd it was written and published in Middlesex for that all Matters of Crime were so local that if it be not proved to be done in the County where it is layed the Party accused is as innocent as if he never had done the thing But this the Ld. Ch. Justice over-ruled that it was not proper to urge this until the Paper had been read then Mr. Justice Powel at first opposed it The Bishops Petition then was read and shewn to the Jury The King's Counsel leaving it here till they had seen what should be said to it The Bishops Counsel therefore urged their former Objection that nothing had been proved to be done in Middlesex and that the Bishops owning the Paper in that County would not amount to a Publication of it there besides that the Information and Petition did not agree the Direction and Petitionary Part being left out To which the King's Counsel reply'd That the Fact being own'd in Middlesex it is to be supposed to be done there until they had proved it to be done elsewhere Which therefore the Bishops Counsel did by Mr. Francis Nichols who being sworn deposed that he had served the Arch-Bishop in his Bed-Chamber this seven Years and he was sure that he never stirred out of the Gate of Lambeth-house since Michaelmas last till the time he was summoned before the Council Yet Mr. Finch insisted on it that the King's Counsel ought to prove the place in which it was writ for that the Locality of it being part of the Crime as laid in the Information they had not proved the Charge unless they did that Which because the King's Counsel could not do they yielded in that Point and insisted upon the Publication of it in that County because there it was own'd instancing in several cases wherein the writing of a Libel was adjudged a Publication To which the Bishops Counsel reply'd that in those Cases it was proved that the Libel was sent by the Persons which here it is not and till that is proved it cannot be said to be published by them an owning of it to the King and Council not being criminal because then an Answer to a Question put by Authority would be a Crime and then it would be as if Authority were employed to do wrong The King's Counsel therefore insisted upon it that it was their parts to prove it did not come from them to the King for that the King had it and they own'd it and till they proved it otherwise they must presume it was deliver'd by them But Presumption being looked upon as no Evidence the Court would not accept of this And therefore the King's Counsel called Mr. Blathwayt again who deposed as before that he was present when this Paper was delivered by the King at the Council-Board and being asked by Mr. Sollicitor General if there was any mention of what it was done for upon the account of Religion or how he answered he did hot remember any thing of that At which there was a great Laughter But that he received it from the King's hands and he knew it was presented to him by the Bishops for that he had heard the King say so several times That to the best of his remembrance the Bishops were question'd whether this was the Paper presented by them to the King and that he did always think it a plain Case that it was so nor did they deny it but as to that Question he did not remember what the Words were At which there was a great Shout Then Mr. Bridgman was asked the same Question Whether there was any question at the Council-Board whether this was the Paper presented by the Bishops to the King To which he in answer deposed that there was something about it but he did not remember whether the question was directly asked or answered But he Believed there was no Body doubted that that was not the Paper And that he saw it soon after it was delivered and heard the King say it was the Petition the Bishops had delivered and on Sunday the King commanded him to copy it and there was no Copy made of it but that one notwithstanding that he saw a Copy within a day or two after it was presented about the Town Then Sir John Nicholas being asked to the same Question answered that though he was then present at the Council-Board he did not remember that Then there was a great Shout Then Mr. Pepy's being sworn was examin'd to the same and depos'd that he did not remember any thing was spoken about the delivering but he believed it was understood by every Body at the Table that that was the Paper the Bishops had delivered Then Mr. Musgrave being sworn and examin'd to the same deposed that he did not remember that ever any such direct Question was asked Upon this Evidence then the King's Counsel when they had opened it submitted to the Jury And the Ld. Ch. Justice began to direct the Jury but was interrupted by Mr. Finch who questioned whether it were Evidence or no because if it were they had other matter to offer in Answer to this Evidence and in their own Defence Whereupon the Ld. Ch. Justice resolved to hear them though the rest of the Bishops Counsel pray'd him to go on with his Lordships Direction But just as he was beginning to go on the King's Counsel then pray'd his Patience Mr. Solicitor General saying There was a Fatality in some Causes and so there was in this for that they had notice that a Person of very great Quality was coming that would make it appear that the Bishops made their Addresses to him that they might deliver this Paper to the King Then there was 3 or 4 long Pauses for above half an Hour And no one coming the Criar made Oath that Mr. Grabam coming into the Hall when his Lordship was directing the Jury said my Lord Sunderland was a coming but he would go and prevent him And afterwards returning and finding his Lordship did not go on he said he would go again for the Lord Sunderland whom he had sent away and he was now gone for him and said he would bring him with him presently At length the Lord President came and being sworn deposed That the Bishops of Saint Asaph and Chichester came to his Office and told him that they came in the Name of the Archbishop and 4 other of their Brethren viz. the Bishops of Ely Bath and Wells Bristol and Peterborough to let him know that they had a Petition to deliver to the King if he would give them leaver and desired to know of him which was the best way to do it That he told them he would know the King's Pleasure and bring them
Word again That they offered him their Petition to read but he did not think it fit for him to do it and therefore he refused and would not read it but that he went immediately to the King and acquainted his Majesty with it and he commanded him to let them know they might come when they would which he immediately did they said they would go and speak with some of their Brethren that were not far off in the mean time he gave order that they should be admitted when they came and they did in a little time return and went first into the Bed-Chamber and then into the Room where the King was And all this was before they appeared at the Council This was no Evidence Mr. Pollexfen said against the Archbishop because he was not there and nothing had been proved against him as done in Middlesex and for the other 6 Lords the Lord President did not say that this is the Petition that they said they had to deliver to the King Nor did he see them deliver any thing but that is still lest doubtful so that it stands upon Presumption and not upon Proof However the Kings Counsel desired to leave it fairly to the Jury upon this Fact and then therefore the Bishops Counsel desired to be heard in their Defence And First Sir Robert Sawyer in a long and learned Speech told the Jury that the Charge against the Bishops was That they did conspire to diminish the Royal Authority and to this end make a Libel against the King but that the Evidence fell far short of this which only proved that the Bishops in as private and humble a manner as they could presented the Paper to the King which was a Petition to be relieved against an Order of Council which they conceived they were aggrieved by and herein was no Sedition either in the matter or manner of delivering it That it was not to be question'd but that any Subject commanded by the King to do an unlawful Thing or what was against his Conscience might humbly tell the King why he could not obey him And that whereas Mr Attorn Gen. had at first said that the Bishops were not sued as Bishops nor prosecuted for their Religion he could not conceive what they were sued for else the Information being against them for an Act they did as Bishops and no otherwise it being what was their Duty and properly within their Sphere and Jurisdiction That whether therefore they consider'd the Matter of this Petition or Manner of delivering it or the Persons that deliver'd it there can appear no Reason for such an Information against them In the Matter of the Petition he consider'd two Things First the Prayer wherein he shewed there could be nothing of Falsity nor any thing contrary to Law for which reason he said possibly it was left out of the Information as being thought no part of a Libel and so made a deform'd story of it without Head or Tail a Petition directed to no Body and for nothing it being without both Title and Prayer Secondly he considered the Reasons of the Bishops for not complying expressed in it The first whereof is the Declarations of Parliament against the Dispensing Power and the next because it is a Matter of so great Moment and Consequence to the whole Nation that they could not make themselves so far Parties in it For if it be of any effect then by it not only the Laws of the Reformation but of all Religion are suspended and what a mischief that would be to the Church which is under the Care of my Lords the Bishops any one might easily apprehend While Sir Robert was speaking to these things the Ld. Ch. Justice said aside that he must not suffer this They intended to dispute the King's Power in suspending Laws Mr. Justice Powel reply'd to him that they could not avoid that Point because if the King had no such Power which was his Judgment then this Petition could not be Libellous The Lord Chief Justice told him he knew he was full of that Doctrine and because the Bishops should have no occasion to say that he denied to hear their Counsel he would let them talk on till they were weary Then for the Manner of delivering the Petition Sir Robert Sawyer proceeded to shew that from their Evidence it appeared to be in the most private and humble manner Leave being first asked and then given Then for the Persons he shewed that they did no more than what was their Duty and belonged to them the Act of 1 Eliz. cap. 2. making them special Guardians of the Law of Uniformity and of that other Law in his late Majesties Reign where all the Clauses of 1 Eliz. are revived Now in that Statute of 1 Eliz. there is this Clause And for the due Execution hereof the Queen 's most Excellent Majesty the Lords Spiritual and Temporal and all the Commons in this present Parliament assembled do in God's Name earnestly require and charge all the Archbishops and Bishops and other Ordinaries that they do endeavour themselves to the utmost of their Knowledges that the due and true execution hereof may be had throughout their Diocesses and Charges as they will answer before God for such Evils and Plagues wherewith Almighty God may justly punish his People for neglecting this good and wholsome Law By this he shewed that it was plain that the Bishops upon pain of bringing upon themselves the Imprecation of this Act of Parliament were obliged to see it executed and then when any thing comes under their Knowledg especially if they are to be Actors in it that has such a tendency to destroy the very Foundations of the Church as the Suspending of Laws has it concerns them that have no other Remedy to address the King by Petition about it and 't is the Duty of an Officer or Magistrate to tell the King what is Law and what is not he instancing in Cavendish's Case and another in the time of the Lord Hobbart Next to him Mr. Finch spoke briefly recapitulating the King's Evidence and then shewing that this Petition as well for the Matter of it as Manner of delivering it and the Persons by whom it was delivered was no Libel Particularly that the King 's Regal Authority and Royal Prerogative was no way diminished thereby for that the Declaration was founded upon a Dispensing Power which the King could not have Because a Power to abrogate Laws is as much a part of the Legislature which is only in the King and his two Houses of Parliament as to make Laws and a Power to suspend is equal to a Power of abrogating Laws because they are no longer in being as Laws while they are suspended That this was never attempted but in the last King's time which was took notice of and declared against in Parliament in the Years 1662 and 1672 the effect of which was that His Majesty cancell'd the Declaration and declared that it
Penal Laws not being for the future to be drawn either into Consequence or Example caused the Original Declaration under the Great Seal to be cancelled in his presence whereof Himself and several other Lords of the Council were Witnesses The Record of which in the Journal was then read Then his present Majesty's Speech on Novemb 9. 1685 to both Houses was read wherein declaring the Necessity of his Standing Army and requiring a Supply for their Maintenance he says Let no Man take Exception that there are some Officers in the Army not qualified according to the late Tests I will neither expose them to disgrace nor my self to the want of them if there should be another Rebellion to make them necessary to me The Commons Journal being then turned to their Address to the King was then read Wherein after they had thanked him for his Care in the suppressing the late Rebellion they acquaint him that they had considered his Speech and as to that part of it relating to the Officers They do out of their bounden Duty humbly represent to him That those Officers cannot by Law be capable of their Imployments and that the Incapacities they bring upon themselves thereby can no ways be taken off but by Act of Parliament That therefore they are preparing a Bill to indemnify them from the Penalties they have now incurred And because the continuance of them in their Imployments may be taken to be a dispensing with that Law without Act of Parliament the Consequence of which is of the greatest Concern to the Rights of all his Majesty's Subjects and to all the Laws made for the Security of their Religion They therefore do beseech him he would be graciously pleased to give such Directions therein that no Apprehensions or Jealousies may remain in the Hearts of his Subjects After this that forecited Clause of the Statute 1. Eliz. was read and then Mr. Serj. Levinz spoke to this effect That the Charge being for a Libel it ought to be consider'd Whether the Bishops did deliver this Paper to the King of which there has been no direct Proof Publishing he would not talk of because there has been no proof of a Publication or supposing they did deliver it Whether this be a Libel upon the Matter of it the Manner delivering it or the Persons that did it He said it was no Libel taking notice of the disingenuity offered the Bishops in only setting forth part and not the whole Affirming that the Subjects have a Right to Petitioning in all their Grievances That this was a Grievance the Bishops petitioned against it being what the Law neither Common nor Act of Parliament allowed of And therefore the Bishops could not be guilty of the Charge Then Mr. Finch spoke briefly again making a Challenge to shew any one Instance of such a Declaration such a general Dispensation of Laws from the Conquest till 1672. Leaving their Cause upon this Point That to suspend Laws is to abrogate them and that to abrogate Laws is part of the Legislature which Power is lodged in King Lords and Commons To which Sir Robert Sawyer added That he found few Attempts of this Nature in any Kings Reign In the Reign of Henry the 4th there was an Act of Parliament that Foreigners should have a free Trade in London notwithstanding the Franchises of the City After the Parliament rose the King issued out his Proclamation forbidding the execution of that Law and commanding that it should be in suspense till the next Parliament yet that was held to be against Law Then he mentioned another Case upon the Statute of 31. Hen. 8. cap. 8. which enables the King by Proclamation in many Cases to create the Law which Statute was repealed by 1. Edw. 6. cap. 12. That very Act reciting that the Law is not to be altered or restrained but by Act of Parliament Then Mr. Sommers of Counsel also for the Bishops mentioned the Case of Thomas and Sorrel upon the Validity of a Dispensation of the Statute of Edward the 6th touching selling of Wine Where it was the Opinion of every one of the Judges and they did lay it down as a settled Position that there never could be a Suspension of an Act of Parliament but by the Legislative Power Affirming that the Matters of Fact alledged in the Bishops Petition had been proved perfectly true by the Journals of both Houses That there could be no Design thereby to diminish the King's Prerogative because he had none such That the Petition could not be Seditious nor stir up Sedition because it was presented to the King in private and alone False it could not be because the Matter of it is True There could be nothing of Malice because the Occasion was not sought the Thing was pressed upon them and a Libel it could not be because the Intent was innocent and they kept within the Bounds set by the Act of Parliament that gives the Subject leave to petition his Prince when he is grieved Here the Bishops Counsel saying they had done Mr. Attorn Gen. spoke for the King Alledging that the Records produced were nothing to the purpose because they were only Matters transacted in Parliament and not Acts of Parliament That be their Libel never so true yet still it was Libellous That though the Subject may petition the King yet not in such reflecting Terms And though Religion was concerned yet ought not illegal Means he made use of That therefore the Bishops ought rather to have acquiesced under their Passive Obedience till the Parliament met which the King had promised in his Declaration should be in November Then Mr. Sol. Gen. in along Speech added That the Bishops had no right of Petitioning out of Parliament and therefore the Proceedings in Parliament which had been produced were not to the purpose Here Mr. Justice Powel expressed his dislike of this Doctrine aside to the Ld. Ch. Justice who concurred with him Going on to prove from the Statute 1 Hen. 4. that there ought to have been no Complaint made till it had come from the Commons in Parliament that the Law continued so till the 3 Hen. 7. where the Grievance was found that Offences in the Intervals of Parliament could not be well punished and then comes the Statute that sets up the Court of Star-Chamber which yet was abolished by the Statute of the 15 Car. 1. That the Proceedings of Parliament produced were no Declarations of Parliament because never passed into an Act and therefore they are Nullities and cannot be accepted of as any Evidence Here again the Ld. Ch. Justice and Mr. Justice Powel discours'd aside saying he thought to impose upon them but they believed not one word he said Then he appealed to the Case in the 2 Cro. 2. Jac. 1. Where it is asserted That the King may make Orders and Constitutions in Matters Ecclesiastical And the Case of De Libellis Famosis which says in the 5th Report If a Person does a thing