Difference here while the French should gain Flanders and then they would make no Bones of England and that therefore the more Treasonable it was the better it would do the Effect For which Libel the Witness was to have 40 Guinies and a monthly Pension of some thousand of Crowns and that he should be brought into the Cabal where several Protestants and Parliament-Men came to give an Account to the Ambassador how things were transacted Giving him half a Sheet written by himself of further Instructions among which one was That it was in the Peoples Power to depose a Popish Possessor as it was to oppose a Popish Successor That this Libel was to be drawn in the Name of the Nonconformists and put upon them which the Prisoner told him they would disperse they knew how Then Mr. Smith being sworn gave an Account at large how he was convey'd by Mr. Everard into the Closet and of what he saw and heard as Mr. Everard had deposed Sir William Waller also deposed what he had seen and heard as was before deposed by Mr. Everard adding that he made a Report hereof to the House of Commons and communicated the Paper to them who immediately proceeded to the Impeachment which was for the same Treasons mentioned in this Indictment Then the Paper was produced in Court with Fitz-Harris's Amendments And the whole Libel was read over and Mr. Bridgman and Sir Philip Lloyd swore That Fitz-Harris owned his Hand-writing before the Lords in Council The Passages inserted in the Indictment were these The Title was The true English Man speaking plain English In the Book was as followeth If James be conscious and guilty Charles is so too believe me both these are Brethren in Iniquity they are in confederacy with Pope and French to introduce Popery and Arbitrary Government as their Actions demonstrate The Parliaments Magna Charta and Liberty of the Subject are as heavy Yokes they 'd as willingly cast off for to make themselves as absolute as their Brother of France And if this can be prayed to be their Aim and main Endeavour why should not every true Britain be a Quaker thus far and let the English Spirit be up and move us all as one Man to Self-defence Nay and if need be to open Action and fling off these intolerable Riders And in another place it is said J. and C. both Brethren in Iniquity corrupt both in Root and Branch as you have seen they study but to enslave you to Romish and French-like Yoke Is it not plain Have you not Eyes Sense or Feeling Where is that old English noble Spirit Are you become French Asses to suffer any Load to be laid upon you And if you can get no Remedy from this next Parliament as certainly you will not and that the K. repents not complies not with their Advice then up all as one Man O brave English Men Look to your own Defence e'reit be too late rouse up your Spirits And in another place thus I will only add That as it is the undoubted Right of Parliaments to make a Law against a Popish Successor who would prove destructive to our Laws and Liberties so it is their undoubted Right to dethrone any Possessor that follows Evil Counsellors to the destruction of our Government In another place thus Then let all be ready then let the City of London stand by the Parliament with offers of any Mony for the maintaining of their Liberties and Religion in any extream Way if Parliamentary Courses be not complied with by the King The Prisoner in his own defence to all this called several Witnesses Dr. Oates said Mr. Everard told him the Libel was to be printed and to be sent about by the Penny Post to the Protesting Lords and Leading Men of the House of Commons who were to be taken up as soon as they had it and searched and to have it found about them He said the Court had a hand in it and the King had give Fitz-Harris Mony for it already and would give him more if it had success Mr. Sheriff Cornish said when he came from Newgate to the King to give him an Account in what disposition he found the Prisoner to make a Discovery the King said He had had him often before him and his Secretaries and could make nothing of what he did discover that he had for near three Months acquainted the King he was in pursuit of a Plot relating much to his Person and Government and that in as much as he made protestations of Zeal for his Service he did countenance and give him some Mony and that he came to him three Months before he appeared at the Council Table Coll. Mansel said That Sir William Waller gave him an Account of this Business in the presence of Mr. Hunt and others at the Dog-Tavern and said that when he had acquainted the King with it the King said He had done him the greatest piece of Service that ever he had done him in his Life and gave him a great many Thanks But he was no sooner gone but two Gentlemen told him that the King said He had broken all his Measures and the King would have him taken off one way or other and said Sir William Waller said the Design was against the Protestant Lords and the Protestant Party Mr. Hunt then confirmed the fame thing and added that Sir W. Waller said The Design was to contrive those Papers into the Hands of the People and make them Evidences of Rebellion Mr. Sheriff Bethel said That Everard before ever he had seen his Face or heard him speak a word had put in an Information of Treason against him at the instigation of his Mortal Enemy which was so groundless that though it was three Years before yet he never heard a word of it till last Friday Mrs. Wall after much shifting only could be squeez'd to say that Fitz-Harris had 250 l. 200 l. or 150 l. for bringing in the Lord Howard of Escrick adding That he was look'd upon to be a Roman Catholick and upon that account it was said to be dangerous to let him to near the King that he was never admitted to him The Lord Howard then related how the Prisoner was imployed to introduce him to the Dutchess of Portsmouth where he met with the King and that he interceded for the Prisoner with her The Lord Arran said That he and Fitz-Harris dined together the Day he was apprehended and that he pulled out Papers but he refused to read them That he ever thought him of the best and loyallest Principles of any of his Religion Mr. Secretary Jenkins said He could not remember the King had ever employed him The Lord Conway said that the King had declared in Council that Fitz-Harris had been employed by him in some trifling Business and that he had got Mony of him but added as of his own Knowledg that the King never spoke with him till after he was taken which was Feb. 28.
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
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
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
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
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