THat the Conspiracy to introduce Popery and Arbitrary Govern­ment in England, took life in the Year 1660. and was from that time carried on, is now little doubted[Page 3]by any English-man, who was not a well-wisher to it. We are not to question the late King Charles the second's dying a Papist, and 'tis as true that he so lived; but upon his Restoration, that the Duke's turn might be served, he must not then declare. An Act of Parliament was made to forbid our talking of it, under most severe Penalties: Then ano­ther Act put the Sword into his Hands, by Vesting the Militia solely in him: The Pulpits of the Kingdom (generally speaking) were filled with Gentlemen who had imbibed the Doctrine of passive Obedience, and Non-Resistance; An Oath was imposed, That it was not lawful upon any pretence whatsoever to take up Arms against the King, or against any commission­ated by him; About two thousand sober and pious Ministers were thrust from the Churches and Corporations (and many of them into loathsome Goals) for Non-conformity to that Oath, and to a few slight, and as they judged unwar­ranted Ceremonies; and the best Mem­bers were thrown out of all the Corpo­rations of England by a pretended Re­gulation, much more early then that of the late King James. Matters being thus ripened, and the Nation sufficient­ly[Page 4]dehauched by the Court-Example, what was wanting but an actual execu­tion? This the Conspirators well know­ing, as they did that the famous City of London, was the chief, if not the only obstacle to their Hellish design, a Re­solution was taken to destroy it, which they effectually accomplished; discove­ry of this horrid Villany being made, (not to mention anything of the worthy Sr Robert Brookes, Chair-man of the Committee of Inspection into the firing of London.) Hubert a poor French Papist, being thereof Convict, the House of Commons, knowing that such a contemp­tible Varlet was not alone in that Fact, resolved to take him the next day in­to Examination, for discovery of his Ac­complices and Directors; but to prevent it, that Wretches Mouth was stopt at Tyburn, in the Morning before the House met.

I am conscious that there are Persons now in being, who do not only pretend to doubt of this part of the Popish Plot (the burning of London) but of the Plot it self, I shall therefore here subjoyn the Sence of one of the best Houses of Commons which ever met at Westminster

It may also be here observed, that at this, as at every other juncture, when any Popish Plot was near the point of Executi­on, The Papists had constantly the Fana­ticks at hand to answer for their Villanies, without doubt the Burning this Nest of Hereticks, had been concerted both at Pa­ris and at Rome, and the time for puting it in execution approaching; In April 1666 a Fanatick plot is brought upon the Stage, & seven or eight were Condemned at the Old-Bayly for Ploting to kill the King, and to Burn the City upon the 3d day of September then following. (For a more full account of this, the Reader is referred to the London Ga­zette, of April the [...]0th 1666. Numb. 48.)

The whole Kingdom bring alarmed and put into a serment by this accursed Enterprize, the Plot was post-poned; however it was kept alive, and the un­wearied Conspirators carried it on, and in the Year 1678 the blow was rea­dy to be given; but then, by the Provi­dence of the Almighty Dr Otes de­tected their Machinations; He gave his first Information thereof to that worthy and never to be forgotten Justice of the Peace, Sr Edmundbury Godfrey, of which[Page 6]the Conspirators having notice, for the stifling so fatal a discovery, they, in a most barbarous manner, hurried him out of the World, and did, with effron­ted Impudence attempt to perswade the World to believe, that that Gentleman was Felo de se, but Heaven bringing that matter to light, and his Murderers to justice; The Plot (maugre all oppositi­ons and discouragements) began to be searched into, and was made out be­yond contradiction, by some loose Let­ters and Papers found in the House of Colman (the Duke of York's Secretary) who had early notice of the discovery, and thereupon had carried his most ma­terial (and as it may be reasonably con­cluded he thought all) Papers which might endanger him, or his Master's Cause, to the Chamber of Mr Wright a Profligate Lawyer of Lincoln's-Inn, where they were burnt, for which as­sistance and good service, Wright was afterwards preferred to sit by turns in every of the Courts of Westminster, and at length to the place of Lord Chief Justice of England, then whom a Person more scandalous and ignorant, was ne­ver in any Age placed there.

[Page 7]Well, Colman was indicted, the Plot proved by Dr Otes and other Witnesses, & thereby & by his own Papers he was convicted and executed, as were by de­grees several others: but for the sake of the Duke, and of the Roman Catholick Cause, the game must be retrived; in order thereto fit Engines were employ­ed, some of the Clergy (who had long asserted, that Popery was more tolerable than Presbytery) with their guide the Obser­vator, made it their business to decry the Evidence of the Plot, impudently af­firming (as in particular did one Scotred a grand Jury-Man in the Isle of Ely, who at the time of the Assizes there, began the Pope's health to his Brethren of the Grand Jury) That there was no Popish, but a Presbyterian Plot.

A great part of the unwary, and loose Church of England Men through­out the Kingdom, appeared to be infect­ed with this mad Doctrine, so that to offer Instances thereof may seem imper­tinent: however, I shall take the liberty to inform the Reader, that upon com­plaint to the Judge sitting in Court (in September 1679.) of the above-named Scotred's discourse, and drinking the [Page 8]Pope's health; a Justice of the Peace, then upon the Bench, fell upon the Per­son who made that complaint, with great rage, and swore By the Name of God, there is a Presbyterian Plot.

To this I shall only subjoyn that which will be a more authentick Evidence of what is above asserted (viz.) October the 28th, 1680. (In the House of Commons;)

These easie mis-guided Gentlemen were Disciples of famous Parson Thomp­son of Bristol, whose Breath infected that great City, and upon whom the follow­ing Vote passed in the House of Commons.

Men of this Kidney having made way for its belief, We were from this time entertained with a Succession of sham Presbyterian-Plots; the first thereof, known by the name of the Meal-tub-Plot, being happily discovered by Mr Dangerfield; both Lords and Com­mons taking the Alarm, did set them­selves with double diligence to the Pro­secution of the Popish-Plot, and to find out ways for the Uniting Protestants, and for Easing Dissenters; so little had the opinion of a Presbyterian-Plot prevail­ed within their Walls; and the Com­mons seeing a Dissolution at hand, pas­sed these Votes.

The next Moment after the passing this Vote, the Parliament was prorogued for ten days, and quickly after dissol­ved.

[Page 11]A new Parliament was forthwith Summoned to meet at Oxford the 21st of March following; but though the place was changed, the Conspirators found there, most of the Zealous Pro­testant Members of the Westminister Par­liament, who came thither animated to prosecute the Popish Plot, the Exclusi­on of the Duke, and the Uniting of Protestants; by Addresses from those whom they represented, whereof take an Instance.

This Parliament beginning where the former left, and being found to ad­here unalterably, to the Resolution of rooting out the Plot, and of Excluding the Duke, as the only adequate remedy for all the threatning Evils to the King­dom; they were, after a very few days Sitting, upon the sudden Dissolved, and followed into their own Countries with a Declaration, (bearing date April the 8th 1681) pretending to set forth the [...]ses and Reas [...] that moved the [...]ng to Dissolve that and the preceed­ [...] Parliament, b [...]cally designed to[Page 14]expose and blacken those worthy Patri­ots; and to that end it was ordered to be read in all Churches and Chappels throughout the Kingdom, which was readily obeyed.

To wheadle the Nation, till it might be noosed, that Declaration, according to the mode of that Reign, spoke and promised fare, tho the train, was then laid to blow up our Religion, Laws and Liberties: It exhorted us that the restless malice of Ill Men who were labouring to poison the People, might not per­swade us that the King did intend to lay aside the use of Parlia­ments; and declared that no Irregularities in Parliaments, should ever make him out of love with Parlia­ments. And that he resolved by the Bles­sing of God, to have frequent Parliaments, and both in and out of Parliament to use his utmost Endeavours to extirpate (he means Establish,) Popery, Note, this was after his Fathers Copy, who by a Declaration in the year 1626. to justifie his Arbitrary way of Leve­ing Money by way of Loane, said that his Oc­casions would not give leave for the calling a Parliament, but assured his People, that he in­tended not to serve himself by such ways to the abolishing of Parli­aments, and yet the Na­tion saw not a Parlia­ment from the 3d to the 16th year of that Reign, vide Rushworth's Collections first Part page 418.

[Page 15]This Royal Grace, (or rather Slan­der upon one of the three Estates,) was not only proclaimed from the Readers Desks, but was promulgated from both Pulpit and Press; five days after the emiting this Declaration (viz.) April the 13th 1681. The virulent and enve­nom'd Pen of L'estrange was set to work upon it, and to vilifie the Evidence of the Plot, Parliaments, nay, the Protestant Religion it self. Addresses with thanks for the violation of our Rights in the Dissolution, and likewise abhorring Parliaments (our Bulwark against Ty­rany) were obtained and most gracious­ly received, The Presenters thereof be­ing usually honoured with Knighthood, and rewarded with Perferment to places of Trust and Profit; By this art the common Cry of a profligate party in e­very corner of England was; Popery is better then Presbytery, at least the Papists and Dissenters are equally dangerous, if not all one; 'tis therefore more then time, that a Colledge be hang'd against a Picke­ring; And the Nation was almost put besides it self, by the doleful Cry of Blood, Blood, Associations, Conspira­cies, [Page 16] Rebellion, Treason, and what not, that was frightful and terrible.

Rome it self could not possibly have or­dered matters better for the service of Holy Church; [...]e Protestant Religion is now mocked, [...]rliaments derided, the Witnesses of the Plot vilified, and the belief of any other then a Presbyterian Plot vanishes.

This proceeding gave new life and heart to the Popish Conspirators, and stroke no small damp upon their Prose­cutors; of the Witnesses, some were bought off, and others terrified from their Testimony; of which I should re­count Instances, but that I have dwelt too long upon the fore-going Melancho­ly Contemplations.

To proceed therefore to the matter intended, and from which I have too long digressed, Dr Otes the first disco­verer of the Popish Plot, being no way shaken, but bearing with most undaunted Courage and Constancy, innumerable Reproaches and Slanders from the Pulpit and Press, nay, and from the Stage also, Hell it self seemed to be engaged to dis­credit and batter down the belief of his Evidence; Knox and Lane, to blast [Page 17]his Reputation were employed to accuse him of an unusual, but most hainous Wickedness, that Plot not obtaining, and matters being prepared for placing unmasked Popery upon the Throne, he was condemned in One Hundred Thou­sand Pounds, for words spoken of the Duke of York, and thereupon secured a­gainst the desired season for the Conspi­rators taking their full revenge upon him.

Upon the 8th of May, 1685. he was brought to Tryal in the Kings-Bench Court, upon an Indictment to the effect following (viz.) that Whitebread, Ireland, Fenwick, Pickering and Grove (five Jesuites) were Indicted of high Treason, for conspiring the Death of King Charles the second; and that Ireland, Pickering and Grove were Tryed December the 17th 1678. And that the Defendant gave Evi­dence, that there was a treasonable Consult at the White-Horse Tavern in the Strand, the 24th of April, 1678. at which White­bread, Fenwick, and Ireland, and the Defendant were present; and that they there came to a Resolution to Murder the King, and that the Defendant carried the Resolution from Chamber to Chamber to be Signed by [Page 18] the Jesuites, whereas in truth he was not present, nor carried any such Resolution to be Signed, and so committed wilful Perjury.

The Jury upon this Tryal, were

• Sr William Dodson,
• Sr Edmund Wiseman,
• Richard Aley,
• Thomas Fowles,
• Thomas Blackmore,
• Peter Pickering,
• Robert Bedingfield,
• Thomas Rawlinson,
• Roger Reeves,
• Ambrose Isted,
• Henry Collyer and
• Richard Howard.

And the Tryal was managed against the Defendant, by

• Mr Attorney General,
• Mr Solicitor General,
• The Recorder of London.

Mr North, Mr Jones, Mr Molley; and Mr Hanses, (L'Estrang's Assistant and Brother Bur­gess in Parliament for Winchester, both of them being chosen by the direction of Mr Bernard Howard a noted Papist, Bro­ther to Cardinal Howard.)

In the first place Mr Foster, one of Ireland's Jury, swore what the Defen­dant evidenced at that Tryal, (viz.) his being at the White-Horse Consult the 24th of April 1678.

Then the King's Counsel produced a­bout[Page 19]twenty Jesuites and Students of St Omers, these all testified that the De­fendant came to St Omers in December, 1677. and went not from thence until June, 1678.

Whosoever reads this Tryal, cannot but observe some things worthy noting, as

First, The rage of the Chief Justice, and extraordinary zeal of the King's Counsel, both against the Defendant, and the belief of the Popish Plot, (of which more in its due place.)

Secondly, The Caresses and tender usage of these Jesuited Sparks, both by the Court and Counsel; their Evidence was received without the least Interrup­tion, not one cross, thwarting, or doubting question being put to any one of them, nay, there did not appear so much temper as to permit the Defen­dant to propose his questions to them, which made him with undaunted Cou­rage cry out, That his defence was under a very great prejudice, and that there was a turn to be served, and there­fore he was not admitted to ask the Witnesses questions; And said, I do ve­rily believe, That at this rate, it is more [Page 20] safe for Papists to be Traytors, than for any Protestant to discover a Popish Plot.

Thirdly, The harmony and uniformi­ty of their Evidence, which was so ex­traordinary, that any indifferent Rea­der must judge, that they were instruct­ed by their Tutors before they came from St Omers, and had oft conn'd their Lessons by the way, for they did to ad­miration agree in swearing to particular days, and to most minute and trivial things, as to the day of playing at Nine-Pins, of a Ball being stroke over a Wall, and the like.

In the next place, to insinuate that the Defendants Evidence was not always true and credited; the King's Counsel produced the Earl of Castlemain, and Sr George Wakeman, who decreed that what he swore against them at their Tryals was false.

Here the Chief Justice observing the Defendants undauntedness, said, I won­der to see any one that has the face of a Man, carry it at this rate, when he hears such Evidence brought against him; To which the Defendant reply'd, (very well) I wonder Mr Atturney will offer to bring this Evidence, Jefferyes (whose Character [Page 21] with King Charles the second was, that he had the Impudence of ten Carted Whores) in a raving fit retorted, such Impudence was never seen in any Christian Nation, you are a shame to Mankind, to which the Defendant's Reply was; No my Lord, I am neither a shame to my self, nor to Mankind; what I have sworn is true, and I will seal it with my Blood if occasion be; Ah, Ah, my Lord, I know why all this is, and so may the World, but this will not do the work to make the Plot to be disbelieved, things are not to be done by great Noises, I will stand by the Truth.

The Defendant in his defence obser­ved, that the Indictment against him was six years after the pretended Perjury; That the Witnesses against him were some of those who gave Evidence at the Tryal of the five Jesuites, and tho' there were some fresh Witnesses that they did evidence the same thing that was then offered, but the Testimony rejected, tho' then, and also at Langhorn's Tryal, sixteen St Omer's youths were brought to falsifie his Evidence; He further ob­served very pertinently, that Whitebread and Fenwick were present, and heard the whole of the Evidence given by him[Page 22]upon the Tryal of Ireland; that they were Tryed six Months after, and in that time might have provided Witnes­ses to falsifie his Evidence, they know­ing what it was.

He urged that his Case was hard, his Testimony having been received with credit, And the Jury upon convicting the Jesuites, being told by the Court, That they had found an unexceptionable Verdict, That all the Objections against the Evidence were then fully answered, that there was nothing that the Prisoners had been wanting in, to object, which could be objected, and that the thing was as clear as the Sun; And that yet after six years he must be called to an account for Perjury in that Testimo­ny, of part of the Popish Plot, with which the King and Kingdom, four successive Parliaments, all the Judges of the Land, and three Juries were so well satisfied.

He further observed the several at­tempts to baffle his Testimony, (viz) the Murther of Sr Edmundberry Godfrey, who took his first Depositions, and the contrivance of Payne, Farewell and Thomp­son, to make Sr Edmund Felo de se. Then he produced these Witnesses, (viz.)

[Page 23] Cicilia Mayo, who swore that she saw Dr Otes, at Sr Richard Barker's House in Barbican, the latter end of April or the beginning of May 1678, and that he came again thither within a few days, and was frequently there; That she re­membred the time by a particular cir­cumstance (viz.) her Master Sr Richard Barker's being sick all the Month of April.

All imaginable art was employed by the Chief Justice, and the King's Coun­sel to perplex and confound this, and all other the Witnesses for the Defendant, by impertinent and puzling cross que­stions; but she honestly and very bold­ly stood to it, telling Jefferies, that her Evidence was the Truth, and nothing but the Truth; to which he in a scoffing taunting way replyed, Ay, no doubt of it, thou swearest nothing but the Truth.

She further added, that the Defen­dant came in a disguise, in a white Hat and coloured Clothes, and went to Sr Richard's Ladies Sister, Madam Tho­rold (now in Wales) who said to him, Mr Otes, I hear you are turned Jesuite, and We can have no Society with you now. That a Servant of Sr Richard's, one Ben­jamine [Page 24] Turbet (since dead) law him at those times, and told her that he was turn'd Jesuite. That he Dyned with Dr Cocket and Madam Thorold (both now in Wales) and with her two Sons (since dead) and two Daughters (now in Lin­colnshire) at Sr Richard Barker's House three or four days after his first coming to the House in the latter end of April.

John Butler, Servant to Sr Richard, witnessed that Dr Otes came to his Ma­sters in disguise, in the beginning of May before the Plot broke out; here­upon Jefferies demanded how he could be able to swear to the precise time, and vex­ed him with repeated questions; & the de­mand of reasons for his remembring the month, (tho, by the way no such question was put to any one of the twenty St Omers Witnesses) to which Butler answered, that he was called to witness it about six or seven Months afterwards, at Ireland's Tryal; that he remembred the time by the token that in May Sr Richard was sick at Putney, whether he went the lat­ter end of April, and stayed a fortnight.

The Solicitor General endeavoured to confound this Witness with abun­dance of Questions very little to the[Page 25]purpose; and Jeffryes (with little rea­son) called his Evidence a wild Story without Reason. Upon which the De­fendant said, Truly, my Lord, I do not find you were so strict in the exa­mination of the St Omers Witnesses, or bore half so hard upon them as you do upon my Witnesses.

Mrs Mayo being again and again in­terrogated and thwarted with apparent design to confound her, did declare that she did see Dr Otes in May 1678. and that she spoke nothing there but as in the presence of the Lord: Upon which Jeffryes said, We are all of us in the presence of the Lord always; and she retorted, And shall answer before him for all that we have done and said, all of us, the proudest and the greatest here.

Philip Page swore that he could not remember the precise time, but that Dr. Otes came to Sr Richard Barker's in a disguise, when Sr Richard was sick at Putney (whereupon the Defendant did well observe that the St Omers men did swear through-stitch, but that his honest Witnesses were cautious, it be­ing so long ago.)

[Page 26]Mr W. Walter a Minister, swore that he met Mr Otes between St Martins Lane and Leicester-Fields in a strange disguise, and that he did then observe the Elm-Trees in Leicester Fields budded forth as big as Hazel-Nuts, so that by that to­ken he reckoned it was between Lady-day, and the latter end of April, and that it was near a Year and a Quarter before the time when he was examined about this matter at the Tryal of the five Jesuits, which was the 13th of June, 1679.

The Attorney-General called these Canting Witnesses that beat about the Bush, and spoke of Uncertainties.

Then the Defendant proceeded in his defence, and offered these Objections to the Validity of the Evidence brought against him.

1. That a Papist in a Cause of Religion is not to be received and believed as a good Witness; (and this case did surely require Witnesses above all possible Objections against their Testimony.) But.

Here Judge Wythens interposed, say­ing, Is not a Papist as good a Witness as a Dissenter.

Which was answer'd by citing Bul­strode's [Page 27]Reports, part 2. 155. viz. A Popish Recusant is not to be admitted a Wit­ness between party and party; which was also my Lord Cok's opinion.

Wythens replyed, May a Presbyterian be a good Witness, Mr Otes? and Hol­loway (who had help'd the Blood-hounds to murder Stephen Colledge) said, Or would Mr Colledge have been a good Witness, Mr Otes?

Most certainly by the rules of Law, the Testimonies of these Persons ought not to have been offered in this Case to delude the People. And it may be well observed here, as it was lately in relation to the Popish Witnesses about the Birth of the pretended Prince of Wales; That the Civil Law so fully con­curs with our Common Law in rejecting Enemies to be Witnesses in the Cause of their Enemy, that it denyes credit to what they may testifie in the cause of their Enemy with their dying Breath after they have received the Encharist. That is the general Conclu­sion of the Doctors of the Civil Law, Ini­micus etiamsi in Articulo mortis constitu­tus & accipisset Encharistiam repellitur a Testimonio Causae sui Inimici.

Objection 2. To the Testimony of the St Omers Witnesses was their education, bred [Page 28] up in a Seminary against Law. To which Jeffryes answered, Every Man that is bred a Dissenter is bredup against Law. Whereupon the Defendant say­ing, My Lord, I have not offered any Dissenter as an Evidence for me. Jef­fryes in a reproachful manner retorted, No, they are all of them no doubt of it, very good People; Good-Wife Mayo and her Companions, excellent Protestants without all question.

Object 3. The Statute 27 Eliz. cap. 2. entituled An Act against Jesuits, Priests, and other such like disobedient Persons. Which Act makes it Treason for any Jesuit or Ecclesiastick Person of the Romish Church to come into England. And the Statute 3. Car. 1. Cap. 2. whereby it is enacted, That in case any Person shall go into parts beyond the Seas, and be resident or trained up in any Priory, Abby or Popish University or School, he shall be disabled to sue, or to be an Executor or Administrator, or capable of any Lega­cy or Deed of Gift, or to bear any Office, and shall forfeit his Goods, and also his Lands for his Life.

Object. 4. The Judgments of Papists in case of Conscience, whereby they maintain[Page 29]the vilest Wickedness to be lawful for the Churches Service: and they own They have Dispensations to swear Lyes for pro­moting the Catholick Cause.

Object. 5. What was said and done in the Earl of Shaftsbury's Case at the Sessions in the Old-Bayly and Hickes-Hall. It was there moved for Liberty to bring Indictments of Perjury against the Wit­nesses who accused him of Treason, but those Motions were over-ruled, be­cause they would not have the King's Witnesses indicted of Perjury, nor the Popish Plot called in question.

These Objections receiving no other answer from the Bench, then that all was trifling and idle; and being so huff'd off, the Defendant proceeded to speak to this effect,

My Lord, this I say, The Evidence upon which I am indicted, is the same which was delivered six Years ago at Whitebread's and Langhorn's Tryals, where were six­teen Witnesses against me, but what credit did they then receive? Now if my Evidence was then to be believed, though opposed by so many Witnesses, what new objestion doth rise against it, which was not then hint­ed and answered—I do avow the [Page 30] Truth of the Popish Plot, and will stand by it whilst I live—I have called some Noble Lords to testifie for me, but I find either the distance of time has wrought upon their Memories, or the difference of the Season has changed their Opinion—Was ever Man dealt with as I am, or had such Evidence offered against him? Who are the Witnesses to prove this Perjury, but Youths out of a Seminary? My Lord of Castlemaine and Sr George Wakeman, known Papists? As for Castlemaine, all the World knows he was acquitted, because there was but one Witness against him, and that without any reflection by the Lord Chief Justice Scrogs upon my Testimony. Then Wake­man swears all I said against him was false, whereas had it not been for two dishonest Per­sons, one of them (meaning Graham) I have now in my sight, we could have proved 5000 l. of the Money paid to him, and that he gave a Receipt for it. But my Lord this I am sure of, if I had been a VVitness against those who suffered in the late Fana­tick Plot (as 'twas called) I had never been called in question, if my Evidence had been false; but 'tis apparent the Papists have now a turn to serve, and these St Omers Youths are brought to falsify my Evidence, [Page 31] and to bring off the Lords who stand im­peached of high Treason for the Popish Con­spiracy—My Lord, 'tis not me they indict, but the whole protestant Interest is aimed at in this Prosecution—For my own part I care not what becomes of me, the Truth will one time or another appear.

Then Mr Solicitor in a long Harangue gave great Reputation to the St Omers Witnesses, and then told the Jury, that the Defendants Witnesses were these four, Cicely Mayo, Butler, Page and Walter, the Parson; and that he would first mention Page and Walter, and set them out of the way: Page (says he) remembers to have seen Otes in a dis­guise at Sr Richard Barker's, but he is not certain as to the time; and he can­not take upon him to say what time of the Year, or what Year it was, only he believes it was in May; and therefore that can be no sufficient evidence to con­tradict Witnesses, that with great par­ticularity speak to certain times. As for Walter he cannot remember the time when, neither: Nay, the remembrance he has of it goes rather to another time, then the time in question, for being ask'd what circumstance he knew the[Page 32]time by, he said it was about a year and a quarter before the Plot was discovered, which must be in April or May 1677, and that will do the Doctor no service at all upon this question; thus Mr Solicitor.

For tryal of this learned Gentleman's Sincerity, I shall review the Evidence given by these two Persons, that the Reader may make his Judgment how fairly they were set out of the way.

Page did indeed declare, that he could not be positive to the Year or Month, but that to the best of his remembrance 'twas in the Year 1678, and in the be­ginning of May (this was like an ho­nest conscientious Witness) but what he further testified, did evidently shew the time to be in the beginning of May 1678. For besides his mentioning the Doctors coming in disguise, according to the evidence of Mrs Mayo and Butler he declared that it was at the time when Sr Richard Barker was ill at Putney, and that Sr Richard came to Town soon af­ter, and Mrs Mayo and Butler swore ex­presly that the time of the Doctors com­ing in disguise, was when Sr Richard was sick at Putney, and that that was in the end of April or beginning of May 1678.

[Page 33]As to Mr Walter, his evidence was, that he met the Doctor in disguise, and did upon that very day observe the Elm Trees budded forth, so that by that to­ken he thought it might be between Lady-day and the latter end of April; and as to the Year, that it was near a Year and Quarter, before he was ex­amined about this matter, at the Tryal of the five Jesuits, which was the 13th of June, 1679; but Mr Solicitor (to the end this Man's Testimony might not serve the Doctor, as he himself worded it) repre­sents it quite otherwise, and tells the Jury, that Mr Walter said, the time was about a year and a quarter before the Plot was discovered, and so makes the time to be April or May 1677, though Mr Walter, in speaking for himself, being ask'd about the time of the discovery of the Plot, said, that he could not tell when the Plot was discovered, or whe­ther it be found out yet or no. Where is the Candor or Ingenuity of this proceeding?

Now comes the Scandal of the Law, Jeffryes, that mortal Enemy to the Liberties of England, and all true English-men; He foaming, vomits a flood of Malice and Rage; First, he caresses Sr William[Page 34]Dodson and his Brethren of the Jury, with the complement, that to his knowledge they are Persons of great understanding and abilities; and adds, that Mr Solicitor had shorten­ed his Labour, by the pains he had ta­ken, to sum up the Evidence to them, which he concluded he had without doubt done, with all faithfulness to his Master.

He then proceeds to blacken the De­fendant with all the foul Language that Malice could suggest, and tells his old Friends of the Jury, (whose acquaintance with him disposed them to credit him) that the Popish Plot was a sham, and that un­der the pretence thereof, another black and bloody Conspiracy was carried on: Then he magnifies the evidence against the Defendant, both from the number of the St Omers Sparks, no less then twenty, but also their harmony: and he affirms, that against the credit of their Testi­mony, there was no objection really made, but only Impudence; that the Defendant had produced but two posi­tive Witnesses, & that they were likewise positive in their contradiction of one another; that they swore according as their humour led them, and not accor­ding to any remembrance they had of[Page 35]the thing; and that he rather believed it, because the third Witness, Page, gave an evidence contrary to both of them, (how notoriously false these mali­tious Suggestions are, will evidently appear upon the perusal of what these three honest and plain-dealing Witnesses swore.)

Then he comes to the Defendants fourth Witness, Mr Walter; and po­sitively affirms, that he says nothing to the matter, for that it did plainly ap­pear, the time which he speaks of, was about a year and a half before the five Jesuits Tryal, which must be in 1677, before the Defendant went to St Omers.

Mr Solicitor told the Jury, that Mr Walter spoke of a year and a quarter be­fore the discovery of the Plot; had that been true, it had run it back to the year 1677, and to a time before the Doctor went to St Omers. His Lordship makes Mr VValter to speak of about a year and a half before the Jesuits Tryal, which runs it back to December 1677; and then the King's celebrated Wit­nesses and Mr VValter are agreed; but Mr Vvalter, (speaking for himself) says, the time was near a year and a quarter before [Page 36] the Tryal of the Jesuits, which brings us to April 1678.

Though the Chief Justice and Solicitor were not agreed in this matter, yet they would not quarrel about it, provided the understanding Jury would credit ei­ther of them, against Mr Walter, and so serve the turn they aimed at, the baffling the credit of the Popish Plot; and not allow this Witness to be serviceable to the Vindication of Dr Otes.

Upon the following day after this Tryal, Dr Otes was tryed upon an In­dictment for another supposed Perjury, but that prosecution being of the Com­plexion with what is here presented, I shall not trouble the Reader with any thing further upon this subject, then to present him with the Names of the Jury (viz.)

• Sr Thomas Vernon,
• Nicholas Charlton, Esq
• Tho. Langham, Esq
• Thomas Hartop,
• Francis Griffith,
• John Kent,
• George Tory Ano.
• Hen. Loades, Tory Also.
• John Midgley,
• John Pelling,
• Thomas Short, and
• George Peck.

The Juries, having according to the di­rection of that Man of Blood Jeffryes, brought in the Defendant guilty of both [Page 37]the Perjuries; Comes the Abhorrer of Parliaments, the tender-hearted good natured Protestant Judge VVythens, to pronounce the Sen­tence; This very Person Wythens being Coun­sel for Knox, did de­clare openly in the Court of King's Bench that Dr Otes had ser­ved the Nation too well to be vilified in that Court. previous to it he tells the Defen­dant, That no Chri­stian's Heart can think of the innocent Blood which was shed by his Oath, without bleeding; That eve­ry knowing Man believed, and every honest Man grieved for it: He proceeds, God be thanked, our Eyes are now opened—You had not one Word to justifie your self from that great and heinous Perjury you were accused of [transcendant Impudence.]

The Judgment of the Court (inter alia) is, You shall upon Wednesday next be VVhipt from Algate to Newgate.

Ʋpon Friday you shall be VVhipt from Newgate to Tyburn, by the Hands of the common Hangman.

This I pronounce to be the Judgment of the Court upon you, and I must tell you plainly, If it had been in my power to have carried it further, I should not [Page 38] have been unwilling to have given Judgment of Death upon you.

I shall sum up all, with the sense of the present House of Commons upon this whole proceeding, which take in this Vote;

THe Conspirators against our Reli­gion, Laws and Liberties, being struck with astonishment, and the Im­prisoned and Impeached Traytors with[Page 39]no small Terror, at the most providen­tial and happy accession of Captain Wil­liam Bedloe's Testimony, to the disco­very made by Dr Otes of the hellish Po­pish Plot, in which he had stood single, & much discouraged, we do quickly find their thoughts at work how to remove this newly acquired Witness. Their way of taking off Sr Edmundbury Godfrey, having so highly dis-served their Cause, that is not to be again practised, there­fore, the resolution taken in the pre­sent case is, to tamper with and buy off Captain Bedloe, & they pitched upon Mr Reading to carry on this Intrigue, whose parts and principles did very well qua­lifie him for such an undertaking, but Mr Bedloe, being above the reach of ve­ry powerful Temptations, he very ho­nestly; detected the villainous Attempts upon him, and the Suborner was brought to Justice as follows:

The Indictment sets forth the Plot against the King, the Government and the Protestant Religion, and that Col­man, Ireland and Grove were tryed, condemned and executed for the same. That several Lords, viz. the Earl of Powis, Lord Viscount Stafford, Lord Bel­lasis, [Page 40] Lord Arundel of Wardour, Lord Petre, and also Sr Henry Titchbourn stand impeached of the said Treason: That Reading well knowing these things, and to obstruct and stifle them, and to retard the prosecution of Justice against the Lord Powis, Stafford, Bellasis, Petre, and Sr Henry Titchbourn, did, on their part, the 29th of March last, solicit, suborn and endeavour to perswade Mr VVilliam Bedlooe, whom he knew to have given Information of those Treasons against the said Persons, to lessen, stifle and not to give in evidence the full truth against them, and to give such evidence as he should direct, and to that purpose did give him fifty six Guineas, and promi­sed him other great Rewards, to the hindrance and suppression of Justice.

The Jury were these;

• Sr John Cutler,
• Thomas Cass,
• Joshua Galliard,
• Rains. Waterhouse,
• Edw. Willford,
• Mathew Bateman,
• Tho. Henslow,
• Walter Moil,
• Thomas Earsby,
• Richard Pagget,
• John Serle,
• John Haines.

Esquires.

The King's Counsel were,

• Sr Creswell Levens,
• The Attorney General,
• Mr Ward.

[Page 41]The evidence of this practice & sub­ornation, was very clear and full, par­ticularly Mr Bedloe witnessed, that Reading had often treated with him a­bout mincing his Evidence for the bring­ing off the Lords, and Sr Henry Titch­borne, and gave him Money at several times, and did draw up a Paper of what Bedloe should Swear, and did carry it to the Lords in the Tower, to be viewed and corrected by them: Mr Speke testifi­ed that Bedloe had from time to time in­formed him how the Treaty was carried on; that upon the 29th of March 1679. Mr Speke and VViggins Bedloe's Servant, being concealed in his Chamber, Mr Rea­ding came, and in the first place asked whether any body could hear their dis­course, and being assured that he was se­cure and secret, he told Mr Bedloe, upon his demand, what the Lords in the Tower said, and what my Lord Stafford said, that as to my Lord Stafford, he should be sure of the Estate in Gloucester-shire, which had been promised to be setled upon him; for my Lord had ordered him to prepare a blank Deed, which within ten days after his Discharge, should be perfected; and the rest of the[Page 42]Lords did assure him, that after they were acquitted, in proportion to the service he did them, in lessening of his E­vidence, he should have a plentiful Re­ward.

That Bedloe did then demand to have something under their hands, but Reading said, that they think that not conveni­ent, but I do take their Words, and you must take mine; and then promised to go to the Lords in the Tower against Munday, to prepare and bring him the Instructions from them for his Evi­dence.

Mr Speke added, that upon the Munday morning, he was to watch and see the Delivery of the Paper, and did see Reading put it into Bedloe's hand, in the painted-Chamber, who immediately de­livered it to Mr Speke: This Paper was all of Mr Reading's writing, and being read in Court, was found to contain the purport of the Evidence to be given against the Lords, and was so ordered that the whole was only hear-say, and could no way touch them.

Wiggins agreed with Mr Speke, in the Evidence given, of the Transactions be­tween Mr Bedloe and Mr Reading, in Mr Bedloe's Chamber.

[Page 43] Reading coming to make his Defence, offered nothing against the credit of the Witnesses, but did, in effect, confess all they had testified, and the whole matter charged in the Indictment, and in truth he was the greatest witness against him­self, as was well observed, after he was found guilty; by the Right Honourable Sr Robert Atkyns, then one of the Judges of the Common-Pleas, (but soon after thrust out for non-Compliance with Sr Francis North, then Chief Justice; and is now most deservedly Lord Chief Baron of the Ex­chequer, and Speaker of the House of Lords.)

The Jury having brought him in guil­ty, he was fined 1000 l. adjudged to a years Imprisonment, and to be set in the Pillory upon the munday following, for the space of one hour, in the Palace-Yard in VVestminster.

When the late King James ascended the Throne, he was a particular Favou­rite, and his Suffering in this matter was well rewarded.

It may not seem impertinent, to present the Reader, upon this occasion, with so much of Captain Bedloe's solemn Death-Bed Declaration, as the Lord Chief Justice [Page 44] North allowed the World to see, His Lord­ship was pleased to acknowledge, that he took Captain Bedloe's Examination upon Oath at Bristol, upon the 16th of August 1681. And that he declared, that the Duke of York had been so far engaged in the Plot, that there was no part that had been proved a­gainst any Man that had suffered, but he was to the full guilty of it; all but what tended to the Kings Death; from the trouble whereof the Jesuites had undertaken to deliver the Duke. And his Lordship added, that Mr Bedloe told him he lookt upon himself as a dy­ing Man, and that he must shortly appear before the Lord of Hosts, to give an account of all his Actions; and that, because many persons had made it their business to baf­fle and deride the Plot, He did for satis­faction of the World there declare, upon the Faith of a dying Man, and as he hoped for Salvation, that whatever he had testified concerning the Plot was true; and that he had many Witnesses to produce, who would make the Plot as clear as the Sun. That the Jesuites had resolved the King's Death, and would spare him no longer, than he continued to be kind to them; And that they resolved to set up an Head for their Cause here, whatever came [Page 45] of it; and said, that if they should slip the opportunity they then had, they should never have such another.

The Judges then upon the Bench were,

• Sr VVilliam Scroggs, Lord Chief Justice,
• Sr Francis Pemberton, and
• Sr Thomas Jones.

THe unlucky miscarriage of Reading's attempt, to corrupt the King's Evidence, or to overthrow the credit of their Testimony, deterred not others from prosecuting so pious a work; for that is instantly succeeded by the cursed Conspiracy of Knox, and of Lane, and Osborne; the one lately, the other at [Page 46]that time a Servant to Dr Otes, but Justice overtook them; as the following Scheme of their Tryal shews.

The Indictment being read, upon their pleading not guilty, the following Jury was sworn.

• Sr John Kirke, Kt.
• John Roberts,
• Thomas Harriot,
• R. Waterhouse,
• Henry Johnson,
• Thomas Earsby,
• Simon Middleton,
• Joseph Ratcliffe,
• Hugh Squire,
• James Supple,
• Francis Dorrington,
• Richard Cooper.

Esq.

The King's Counsel were

• Mr Attorney General,
• Mr Solicitor General,
• Mr Serjeant Maynard,
• Sr Francis VVinnigton,
• Mr VVilliams,
• Mr Thomas Smith, &
• Mr Trenchard.

For Knox,

• Mr Saunders,
• Mr VVithens, and
• Mr Scroggs.

For Lane,

• Mr Holt, (assigned by the Court.)

The Indictment (opened by Mr Tren­chard) was, that whereas Colman, Ire­land, Pickering and Grove, conspired to destroy the King and change the Religion Established by Law; & to introduce Po­pery, and were thereof Convicted, Attain­ted and Executed; And whereas the[Page 47] Lord Powis, Lord Arundel of VVardour, and others were accused of those Trea­sons, and Impeached for the same in Parliament, &c. The Defendants know­ing Mr Otes and Mr Bedloe had given In­formation of these Treasons, to stifle the Evidence and scandalize them, did conspire to represent them as wicked Persons, and of no credit. And the In­dictment further sets forth, that Knox, with the agreement of Lane and Osborne, caused Letters to be wrote, with con­trivance to accuse Otes and Bedloe, that they had conspired falsly to accuse the E. of Danby. And that Otes had attemp­ted to commit Sodomy with Lane: that, to effect those wicked designs, Knox gave several sums of Money to Osborne and Lane, and had promised great Rewards to them.

Then the Cause was opened by that most incomparable Person (the honour of the Law) old Sr John Maynard, (now first Lord Commissioner of the great Seal, whose Ability, Integrity and Desert, have kept him from a Seat upon the Benches of Westminster, till about the eighty eighth Year of his Age; when Heaven set the Law free) he spoke to this effect;

[Page 48]This Cause is of great consequence; there hath been an horrid and abomi­nable Conspiracy, against the King, the Nation, our Religion and the Law: The first discovery of this Conspiracy came from a single Person, who stood single and discouraged a long time, and there were endeavours to discourage his fur­ther discovery, when it stood so. Sr Edmundbury Godfrey having taken his Examination, then the endeavour was to suppress it, and that by no less a wickedness then the barbarous Murder of that honest Gentleman; that being accomplished, they strived to baffle and defame him when dead. All this while he stood single; it fell out, by the mer­cy of God, that Bedloe made a further discovery, and publick Justice has gone upon it.

Then they attempted to corrupt his Testimony with Bribes and Rewards, and Reading, who transacted it, is at­tainted of it, scelere tutandum est scelus.

Having gone all these ways, they re­turn again to see if they can disgrace and baffle the Evidence of Otes and Bedloe, by scandalizing them, with foul offences, especially Dr Otes; and that[Page 49]was thus, Knox tampered with Lane, a Servant to Otes, to accuse him of the Horrid Sin of Sodomy: In order to it, there were Letters wrote by Osborne, who is run away, but contrived by Knox.

It happens in this case as it did long ago; as the Historian told us, multi ob stultitiam non put abant, multi ob ignorantiam non videbant, multi ob pravitatem non cre­debant et non credendo conjurationem adju­vabant. To this Sr Creswell Levens, the King's Attorney-General added, This is a counter-part of Mr Reading's Case, only it seems in this to differ, that it exceeds the Original.

In the proceeding upon the cause, it was proved that Lane, upon his first coming to Dr Otes in November 1678, had a design to accuse him, as he after­ward did, of Sodomy, a Crime above the common standard of Villanies; That he declared whilst he was with the Doctor, that he hoped in a short time to get 1000 l. That Lane sent for Sr William Waller, that he might confess the whole Contrivance to him, declaring that he was pricked in Conscience for the false Oaths he had taken.

That Lane and Osborne had confessed [Page 50]before a Committee of the House of Lords (and also before Sr William Waller and Justice Warcup) that they were suborn­ed by Knox to swear falsly against Dr Otes and Mr Bedloe, and that he had given them money to do it. That Knox made Lane and Osborne swear Secrecy, and to stand fast to the Instructions he had gi­ven them. That he went to the Sugar-Loaf in Pickadilly, and took Lodgings for them, and lay there with them, and promised them Money and Prefer­ment; and told Lane that he need not doubt but the Lords in the Tower would acknowledge their Kindness.

That Lane and Osborne said, they were going from Dr Otes, that they were sworn Brothers, if the one did go, the other would; and they should get Pre­ferment and have 100 l. per annum, and 500 l. in Money.

As to Knox his endeavours to blast the Testimony of Dr Otes and Mr Bedloe, it was proved, That

Knox endeavour'd to suborn H. Wiggins to accuse Mr Bedloe, his Master. That he proposed to Thurston, a Servant to Dr Otes, to be very kind to him, if he could find any thing to Swear against[Page 51]his Master. That Knox, to invite VVig­gins to betray and accuse Mr Bedloe, said, The King knows Otes and Bedloe to be great Rogues, and when he has got what he can out of them, he will hang them up. That when Knox, Lane and Osborne were Prisoners in the Gate­house, for this contrivance; Knox of­fered the Ʋnder-Keeper a Reward to al­low him to correspond by Letters with Lane, and gave him three half Crowns, desiring him to speak to Lane to stand fast to him, and then they should be two a­gainst one; for he fear'd Osborne had be­trayed them about the business of Dr Otes; That Knox, and Lane, and Os­borne went to Justice Dewy, and Knox told him, he was advised to come to him to take an Information against Dr Otes; and that they went to Justice Chey­ney upon the same errand. That Lane had been kept the last Summer at the Lord Powis his house, & had 10s. per week allowed him. That Knox was to have 30 or 40 l. to carry on the business, and that Knox, Osborne and Lane were to be rewarded by the Lords in the Tower, for their evidence against Dr Otes and Mr Bedloe.

[Page 52]That Lane being taken, Knox sent for Osborne, and carried him in a Coach to White Fryers.

That the Papers relating to the Con­spiracy were delivered by Knox to Dangerfield, and went about to the Lords in the Tower, and afterwards to Nevil alias Paine, and were by him amended, and then delivered to Knox again.

The Case appearing so very clear up­on the Evidence, the Jury without going from the Bar found the Defendants guil­ty. Whereupon they received this mer­ciful Sentence; Knox, the principal, (who is now at this day in a better station (at Court) than ever he was in his Life, or could ever have hoped for) Fined two hundred Marks; to be Imprisoned a year, and to be bound to the good behaviour for three years; Lane fined one hundred Mark [...]; to stand once in the Pillory, and to be Imprisoned a Year.

The Jury were,

• Thomas Harriot,
• Tho. Johnson,
• Char. Ʋmphrerile,
• Tho. Earsby,
• Richard Pagget,
• John Greene,
• Edward Willford,
• Richard Bull,
• Joseph Ratclaffe,
• Richard Cooper,
• James Supple,
• George Read.

THe suborning attempt of Knox & Lane, was succeeded by another of the like nature, carried on by two[Page 54]Popish Engines, Mr Tasborough and Mrs Price; which being likewise hap­pily detected, they were prosecuted as follows;

The Indictment was to this effect, That Whitebread, Harcourt and Lang­horne, and others, were convicted and attainted for Treason, and that Dugdale had been a material Evidence against them, and the Defendants knowing this, and contriving to stifle the evi­dence of those Treasons, did before Harcourts Tryal, suborn and endea­vour to perswade Dugdale, not to give evidence against him, and after the Try­al solicited him to retract the Evidence he had given; and promised him large Rewards for it; and to accomplish it, they incited him to withdraw and re­tire himself, and produced a Note which he was to sign, which follows in these words, Being touched with a true Remorse of Conscience, and hearty sorrow for the great e'l I did, in coming in a VVitness a­gainst the Catholicks, and there speaking things which I know in my Conscience to be very far from the Truth, I think my self bound in duty both to God and man, and for the safety of my own Soul, to make a true [Page 55] declaration, how I was drawn in to this wick­ed action: But being very well satisfied that I shall create my self many powerful Enemies upon this account, I have retired my self to a place of safety, where I will with my own Hand discover the great wrong that hath been done the Catholicks, and hope it may gain belief: and likewise, I protest be­fore Almighty God, that I have no motive to induce me to this Confession, but a true Re­pentance for the Mischiefs I have done, and hope God Almighty will forgive me. And they promised him great Rewards to sign this Note. To this Indictment they pleaded not Guilty.

The King's Counsel were,

• Mr Serjeant Maynard,
• Mr Attorney-General,
• Solicitor-General,
• Mr Belwood.

For Tasborough,

• Mr Pollexfew,
• Mr Scroggs,
• Mr Thompson.

For Price,

• Mr Saunders,

Mr Serjeant Maynard observed to the Jury that this practice was not new, and minded them of what Reading, and what Knox and Lane did, and that this was the third Cause of that Kind, and it went somewhat further then the two former; for this was to be done in wri­ting, and subscribed by Dugdale to be [Page 56]produced upon occasion, to defame all the Evidence; the Witnesses being then called, Dugdale testified that he had been long acquainted with Mrs Price, and that before Harcourt's Tryal, she desired him to be kind to Harcourt, because he had been her Confessor; and Mr Wright testified that he over-heard her make this request to Dugdale; and that Dugdale, upon their parting, told him (upon his enquiry what she said to him) that it was to take off his Evidence against Harcourt.

Dugdale further testified, that she treated with him for to retrct his Evi­dence, and to be gone, and to leave the Paper behind him, to signifie the trouble in his mind, for the wrong done in his Testimony: To this he is invited by the promise of 1000 l. of a Pardon for Body and Soul, and assurance of Security abroad.

That Dugdale acquainted my Lord of Shaftsbury, Mr Hambden and Mr Charle­ton with this; who advised him to get some Persons to be by, when they further treated about this business, which he did.

That Mrs Price told him, that the Duke of York had a wise Council, and contri­ved[Page 57]it so, that if he would come over to them, there would not a Papist more suffer; that the Witnesses should in a short time be hanged, Note this, of Hang­ing the Witnesses is the same Argument used by Knox in his tamper­ing with Lane and Os­borne, and it evinces, that by the common con­sent of the Conspirators, some of the Witnesses were to be corrupted, & those who were temp­tation proof, to be scan­dalized and hanged. The Plot should be turned on the Protestants, & Popery should be e­stablished in half a Year.

That Mrs Price brought Mr Tasborough to him, who told him that all that Mrs Price had proposed & promised to him, should be perform'd; that he must sign the Paper; be gone, and give no more evidence; and he should have protection, pardon and se­curity; and That Tasborough transacted all this in the Duke of York's Name.

Dr Chamberlain testified, that he was in a Closet in Dugdale's Chamber, and that Mrs Price came into the Chamber, and he heard their Discourse; and she told him, that the Spanish Ambassadour was unwil­ling to treat with him, because he must use an Interpreter, which would be dan­gerous. That she perswaded him to be[Page 58]gon, and the Duke of York would pro­tect him, pardon him, and give him 1000 l. and that then Dugdale said to her, You know Mrs Price that I began not this Intrigue with you, but you proposed it to me, which she owned; That upon Dugdale's demanding of her how the 1000l. should be secured; She said she would in a Weeks time bring a Person of quality, who should secure it to him.

Mr Cleave, who was in the Closet at the same time, testified to the same ef­fect with Dr Chamberlaine; and added, that Dugdale asked her when he should go to the Spanish Ambassadour; and that Dugdale told her, he well liked her offer of bringing a person of Quality to se­cure the 1000 l. and she then said, you shall have the Duke of York's Protection, and a Pardon, not only for your Body but your Soul; a large Proffer?

That Dugdale told her, that his com­ing over to them, and going away, would signifie little, there being Dr Otes and others to go on with the Evidence: To which she answered, We do not care so much for them, for the Duke's Eye is only upon you.

[Page 59]Sr Robert Southwell, Sr John Nicolas, and Sr Thomas Doleman, Clerks of the Council, testified, that Mrs Price, being examined before the Council the 23d of October, and being demanded who fram'd the Paper for her, set forth in the In­dictment, she said, that she studied it, and indicted it her self.

That Mr Tasborough being asked about the Paper, spoke very cautiously; that he did not positively say he had pressed Dugdale to sign it, but told him, unless he signed it, he could not proceed to get any favour for him, for that was to testifie him to be a Penitent.

Mr Crosse testified, that Mrs Price spoke to Dugdale not to proceed further against Parson's (a Priest in the Gate­house) than he had done.

The guilt of the Defendants being thus clearly made out, and nothing ma­terial offered in their defence; the Jury without stirring from the Bar, found them both guilty of the Charge in the Indictment.

It might have been reasonably expect­ed, that the reiterated attempts to su­born the Witnesses of the Popish Plot, would have irritated the Justice of the[Page 60] Nation, to more severity upon these Of­fenders; but 'tis evident that the Plot did daily grow and gain ground, even upon our Courts of Justice.

I shall here take occasion to observe, what Fines had been formerly imposed upon Protestants, for Offences, very slight, compared with this; Mr Joseph Brown, in the Term before the Popish Plot broke out, in 1678. was adjudged to pay 1000 Marks fine; to find Sureties for the good Behaviour for seven years, and to have his name struck out of the Roll of Attornies, and what was his Crime? Why, the Superscribing a Pacquet to the East-Indies, wherein was only inclosed a very good Book, called the Long Parli­ament Dissolved.

Benjamin Harris a Book-seller, in the year 1680. adjudged to pay 500l. Fine, to stand in the Pillory, and to be bound to the good Behaviour for three years; (and Chief Justice Scroggs, would have had him Whipt into the bargain, but that Mr Justice Pemberton checkt it, by holding up his hands in Admiration) this persons Crime was, the publishing a Book called, An Appeal from the Country to the City, in which this passage was con­tained; [Page 61] We in the Country have done our parts in chusing good Members for Parlia­ment, but if they must be Dissolved or Pro­rogued when-ever they come to redress the Grievances of the Subject, we may be pittied, not blamed, if the Plot takes effect, as in all probability it will; Our Parliaments are not then to be condemned, for their not being suf­fered to sit occasioned it.

But now, when we come to Judgments for Misdemeaners on the other side; We shall perceive great Compassion and Mercy appearing in that Court; indeed Reading, who was Convicted for the first attempt upon the King's-Witnesses, was adjudged to pay 1000 l. to be Pilloried, and Imprisoned for a year; and one would have thought, that more severe Judgments would have past upon such as should dare to repeat the same Crimes, after such an Example; but we see the contrary; About six Months afterwards Knox and Lane being Convicted of the same Offence, accompanied with much blacker Circumstances, Knox the princi­pal, was only Fined 200 Marks, and con­demned to a years Imprisonment, and to be bound to the good Behaviour for three years: And Lane Fined 1 [...] Marks, [Page 62]and adjudged to stand once in the Pillo­ry, and to be Imprisoned a year. And now in the Case before us, (Mr Tasborough, a Gentleman of a good Estate, who had treated about so great a Villany in the name of the Duke of York) was only Fined 100 l. And Mrs Price 200 l. But who can admire at this notorious departure from the rules of Justice and Equality in the assessing of Fines, that remembers that the Chief Justice Scroggs, did in this very Term declare in open Court, in the Case of Dr Jessop, a very honest and worthy Protestant of Norfolk, that he would have regard to Persons and their Principles, in im­posing of Fines; and would set a Fine of 500 l. on one person, for the same offence, for which he would not Fine another 100 l. And accordingly Fined Dr Jessop 100 l. for reporting false News, as they called it, and at the same time Fined the Doctor's Author of that News, (a right Tory no doubt) only five Marks; Now surely will the Reader say, this Jessop was undoubtedly a very naughty Man; but to undeceive him, I can affirm, he is as true a Church of England Man as can be found; and the bad principle, which made him to be thus marked, was, that[Page 63]he was an avowed Enemy to Popery, and true to the Liberties of England; and did, upon every occasion, exert himself, to a degree hardly to be equalled by any Gentleman of Norfolk; for the chusing deserving men for Knights of the shire; and particularly for Sr John Hobart, then whom none ever deserved better of that County, and whose name will always be remembred there, with great Honour. For this extravagant Partiality and In­justice in imposing Fines, the Court of Kings-Bench, was deservedly marked with this Vote of the House of Commons.

THe Names of the Grand-Jury, re­turned by Sheriff Filkington and Sheriff Shute, and who were Sworn up­on that occasion, were,

• Sr Sam. Barnardiston,
• John Morden,
• Thomas Papillon,
• John Dubois,
• Charles Herle,
• Edward Rudge,
• Humphrey Edwm,
• John Morris,
• Edmund Harrison,
• Joseph VVright,
• John Cox,
• Thomas Parker,
• Leonard Robinson,
• Thomas Shepherd,
• John Flavel,
• Michael Godfrey,
• Joseph Richarson,
• VVilliam Empson,
• Andrew Kendrick,
• John Lane, and
• John Hall.

[Page 65]A sort of people called Tories, (wed­ded to their own blindness) having loudly clamoured of this great Jury, I shall here add the names of those who were returned upon the same Pannel.

• Alderman Ellis,
• Mr Mellish,
• Mr Tho. Gardener,
• Samuel Swinnock,
• Mr Ben. Godfrey,
• Mr John Pollexfen,
• Mr John Smith,
• Mr John Gardener,
• Mr Peter Delence,
• Mr Peter Hubland,
• Mr William Ashurst,
• Mr John Deagle,
• Mr Thomas Western,
• Mr Bonnel,
• Mr Gabriel Wheatley,
• Mr Tho. Carpenter,
• Mr L. Baskervile,
• Mr George Marwood,
• Mr John Smith.

And now, let all who know the City of London judge, whether a more substanti­al Pannel, in every respect, was ever returned to serve at the Old-Bailey.

The King's Council for the manage­ment of this Intrigue, were,

• The Attorney General,
• Sr Francis Wythens ( the Abhorrer of Parliaments.) And
• Mr Saunders (afterwards the Quo War­ranto, Lord Chief Justice.)

Mr Graham, (the Solicitor of all the late [Page 66] Sham Plots upon Protestants, and pay-mas­ter of corrupt Juries and perjured Witnesses) solicited this Prosecution, and hence took his first step to such Preferment, as enabled him to give Eight or ten thousand Pounds with a Daughter; 'Tis to be lamented that he hath lived to this day without further Preferment, in the way, which at that time the then Lord Chancellor promised to honest Captain VVilkinson.

The magnified Evidence of this hor­rid Treason, and that, which the King's Council relying upon, begun with, was a Paper proved by Secretary Jenkins, Mr Blaithwaite, and Mr Gwin, to have been found in the Earl's House; of which such noise has been made in the World, by the virulent Observator, and the Po­pish News-Writers (as well as from too many of our Pulpits) that it may not be ungratful to the Reader, to be here presented with the very words thereof, which follow,

It is to be observed, that this Paper had neither date, nor any Hand to it; nor did it appear of whose Hand-wri­ting it was; but Sr Francis Wythens ag­gravated the matter, saying, That tho' the Paper began very plausibly, and went a great way so, yet in the last clause but one, they came to perfect levying of War, declaring, that they would joyn to destroy the mercenary Forces about London (the words by the way were, to disband the mercenary Forces [Page 74] raised and kept up to advance arbitrary Power; but such a mistake may be re­mitted to Sr F. Wythens, and also to that smooth Lord Chief Justice North, who in suming up the Evidence to the Grand Jury, did wilfully (no doubt of it) make the same mis-representation of that matter. Mr Saunders added, that the design of the Paper was pretended to oppose Popery and Arbitrary Power, and destroy the Papists; which seemed not so much in it self; but that their Witnesses would shew, who those Pa­pists were that were to be destroyed.

And now the Witnesses are called, who were, John Booth, (a most notorious and scandalous Villain, who had been guilty of several Felonies); Edward Turber­vile, and John Smyth, an Irish Priest (who were manifestly perjured in the Tryal of honest Colledge) Brian Haynes, John Macnamar, Dennis Macnamar, Edward Ivey and Bernard Dennis (Profligate Irish Witnesses, who, according to every sea­son, had traded in Swearing and Counter­swearing.)

It may suffice to present the Impar­tial Reader with the Names of these scandalous Fellows; for 'twould be[Page 75]nauseous to detain him, in reading the non-sensical, incredible, contradictory stuff, sworn by them; as, That the Earl would raise the Kingdom, to compel the King to give Haynes a Pardon. That the Government was to be changed to a Common­wealth, and the Duke of Buckingham to be King. That the Earl should tell Mac­namar, and Ivey, that he would bring the King's Head to the Block. That a Person of the Earl of Shaftesbury's ex­traordinary caution should talk Treason (or any thing else) with so infamous a Fellow as Haynes, for an Hour together, in a Cook's Shop in Ironmonger-Lane.

It seems here worthy of Observation, that the Conspirators clap'd this Noble Lord into the Tower, in the beginning of July 1681; but the Term coming on, when they must prosecute him, or he would be bailed out; they were then to seek for English Witnesses to back the trusty Irish; so Booth and the rest were rak'd together; and Captain Wilkinson (one of the honestest Men, then or now living) was tempted and threatned, at a more then ordinary rate, to come in, to back and credit their Testimony; as was evidently made out by his Informa­tion, [Page 76]which, to his eternal honour, he published before this prosecution; an Abstract whereof, I do hereunto sub­joyn, to evince the cursed practises of those dayes, and to mind an ungratful Generation, of the merit of that wor­thy upright Person.

It may also deserve Remark, that the Treasonable discourses Sworn against his Lordship by these Varlets, were fix'd by them, to February and March before; the Instructors of these Witnesses well remembring, that that was a time when the Nation was in no small fer­ment, upon the trifling with Parliaments for the introduceing Popery and Tyran­ry; yet most of these Witnesses, upon their examination, were forced to ac­knowledge that they gave (or rather sold) their Informations, after my Lord of Shaftesbury was committed in July, upon a Warrant for high Treason, which Secre­tary Jenkins (who managed this whole In­trigue and the Witnesses thereof) gloried, that he had the honour to sign.

I shall here take occasion to declare, what I have long believed, that the amusing us in England, with the Irish Popish Plot, did proceed from the depth[Page 77]of the Jesuits Counsels, with design to trip up the Heels of their execrable Plot here; & that they sent us these wretches on that very errand. I do also think that the Conspirators then at Whitehall, did, in the management of this Intrigue, over-reach this great and wise Lord, the Earl of Shaftesbury; and that his zeal to extirpate Popery in both the King­doms, disposed him to be too credulous in that matter of the Irish Plot, at least as to the honesty of the Witnesses there­of. But, what Man endued with the least grain of Honesty and Sense, could ever credit the Evidence against this Noble Peer, after the reading Mr Col­ledge's Tryal; and the Information of worthy Captain Wilkinson, about this ve­ry affair.

As to the Paper found in the Earl's House, and upon which so great stress was laid, I shall here note, that at this time it was notoriously known, even in every Coffee-House, that an Association (and very probably this now given in evi­dence had been resolved upon and read in Parliament; and the Fore-man of the Grand-Jury, who was a Member, well knowing that the Plot-Secretary was then[Page 78]of the House of Commons; examined him strictly about it; but he appeared very reserved and cautions in his an­swers, and could not at first remember that he had heard of the Association, but as Town-talk; but being closely followed with Questions by the worthy Fore-man, he, very unwillingly, went a little fur­ther, saying, That to the best of his remembrance he was not present in the House at the Reading the Association; though 'tis notoriously known that he did there make Speeches against it.

To evince that the project of an As­sociation was no new thing; I cannot hin­der my self from a small digression, to shew, that one of this formal Secretary's Confidents, Nathaniel Thompson, the Popish Printer, had published the news of this Association, near two Years before this prosecution; it is in his Intelligence of De­cember the 9th, 1679, in these Words, A form of an Association is preparing, for People to subscribe, for the defence of the King's sacred Person, the present Esta­blished Form of Government, and the Protestant Religion, paralel to that in Queen Elizabeth's time, which was after­ward, confirmed by Act of Parliament. This seems to take its Rise from the Resolve [Page 79] of the late Parliament.

This very Advertisement may be well supposed to put such as were curious to know the transactions of that time, to get a sight of the Association, so notified to be on foot; and 'tis very probable, that by that means it might, as news, be handed to the Earl of Shaftesbury, and so come to be thrown by amongst his old Papers; however, had not an up­right understanding English Jury inter­posed, it had as certainly destroyed the Honour, Estate and Life of this never to be forgotten Noble Lord, as the West­minster Carpenter (in disguise with his little Presbyterian Band) and his eleven Bre­thren, did destroy the brave Colonel Sydney, upon the evidence of old loose Papers, found in his House, enforced with a Maxim in three cramp Words, Scribere est Agere; as unintelligible, in all probality, to that pack'd Jury, as was the Treatise of that great Man, or as the Maxim it self is to learned Lawyers.

Well, to conclude, after much con­trasting between the Jury and the Court, whether the Jury might consider the credibi­lity of the Witnesses; which the Chief Justice denyed; and Mr Papillon, with much tugging, having gained a great [Page 80]point of the Court (viz.) That they were within the compass of their own Ʋnderstand­ing and Consciences to give their Judgment; Which is in truth no more than the giving them leave, to see with their own Eyes, hear with their own Ears, and judge by their own Reason; the Jury returned Ignoramus upon the Indictment, to the unspeakable satisfaction and joy of all Men, who were not in the Conspi­racy or Well-Wishers to it.

Having, in the fore-going Abstract, shown what mighty Temptations hon­est Captain VVilkinson withstood; I shall now intimate something of the manner how the Irish VVitnesses were corrupted, and wrought upon; to Swear against my Lord of Shaftesbury.

Mr Robert Boulter of London Stationer, and Mary Cox of Stoke-Newington in Middlesix Spinster, upon the 8th of Ju­ly 1681. gave Information in writing up­on Oath, before Sr John Fredrick, a Justice of the Peace for London, That[Page 91]upon the 7th of June 1681. Bernard Den­nis told them, that David Fitz. Gerald had made him great proffers, to retract his Evidence about the Popish Plot.

Bryan Haynes made Oath before the Council the 5th of October, 1681. that David Fitz. Gerald one of the King's Evidence, about the end of last February, told him, that he had possessed the King, that the late Plot was a Presbyterian Plot, and invented by the Earl of Shaftesbury, to extirpate the Family of the Stewarts, and turn England into a Common-wealth, or set the Crown upon the Earl's Head. That Fitz. Gerald did diverse times tamper with the Deponent to retract his Evidence concerning the Popish Plot, and that Fitz. Gerald told him, that he wanted but John Macnamar to come in and joyn with him, and he would have the Earl of Shaftesbury's Head off, and Sham the whole Popish Plot.

This Information of Bryan Haynes is still extant, and certified to the World by Mr Blathwayte then one of the Clerks of the Council, in these Words,

Now, Is it not a most astonishing thing, and not to be believed in the next Age, that the King's Council, should, without blushing, produce these very Men, Dennis, Haynes, Macnamar, &c. as Witnesses against this Noble Lord; and that Mr Secretary Jenkins; and Mr Blathwaite, and Mr Gwin, Clerks of the Council, could stand in the Court and hear them give their Evidence with­out Exclamation? But they may say as the Poet hath it,

THe Conspirators having been disap­pointed of many [...] hopeful Plot, [Page 93]and to this time not getting one to bear; They now resolve to content themselves with a very ill-favoured one; and having suborned and bought in a Set of proper Wit­nesses; They resolve, first to enter them upon Stephen Colledge, a Joyner, before they run them at more Noble Game.

Hereupon he is clap'd into the Tower, and an Indictment for High Treason, is offered to this following City-Grand-Jury.

• John Wilmore,
• William Mackley,
• Sampson Puller,
• Thomas Cope,
• Peter Mortimer,
• John Wood,
• Thomas Haynes,
• Thomas Fox,
• John Read,
• Marke Stretton,
• Edward Powel,
• Paul Dorrel,
• Francis Lascoe,
• John Armiger,
• Samuel Totton,
• John Pettyt,
• S. Maine,
• Caleb Hocke, and
• Robert Davies.

These Gentlemen well-seeing the Villany of the practice, and weighing (as undoubt­edly they might, and ought) the Credibi­lity of the Infamous Witnesses; They re­ject the Bill, & hand it back to them who sent it, with an Honourable Ignoramus.

The Being of their Plot, depending upon their gaining the point against[Page 94]this Poor Mans Life, They change the Scene to Oxford; and at the Assizes there, one Gregory, the well-disposed Sheriff of that County; picks out a Grand-Jury for the purpose, and so an Indictment of Treason is there found against him.

Matters being thus prepared for the Murdering this honest Man, the Proto-Martyr in the sham Presbyterian Plot, and it being a thing of mighty moment, these four Judges are speeded to Oxford, armed with a special Commission to try, or rather to dispatch him.

• Lord Chief Justice North,
• Mr Justice Jones,
• Mr Justice Raymond,
• Mr Justice Levins.

Colledge is hurried from his close Im­prisonment in the Tower, down to Ox­ford, and was, at his first entring the County, exposed by Gregory the High Sheriff, and mocked at the House of Mr Stoner a notorious Papist.

Upon the 17th of August, 1681. he is brought into the Court, where the Council against him were;

• The Attorney General,
• The Solicitor General,
• The late infamous Lord Chancellour,
• Serjeant Holloway,
• [Page 95]Mr North, and
• Mr Jones.

He being charged with an Indictment for conspiring the Death of the King, and to levy War, and subvert the Government; prayed a Copy of the Indictment and the Names of the Jury; and that the Court would assign him Counsel; these things were not only refused him, but an un-heard of Injustice was put upon him, for just before he was brought in­to the Court, they took from him the Pa­pers which he had prepared for his defence, and most unjustly with-held them.

Then this Jury was sworne to pass up­on him.

• Henry Standard,
• William Big,
• Robert Bird,
• John Shorter,
• William Windlow,
• Charles Hobbs,
• Roger Brown,
• Timothy Doily,
• Ralph Wallis,
• John Benson,
• John Peircy, and
• John Laurence.

Now Mr Attorney General falls to work about him, addressing himself in this manner to the Jury;

Gentlemen! The Prisoner stands in­dicted of High Treason, and that of the deepest dye; it is for an endeavour to[Page 96]destroy the King, to subvert the Go­vernment, and to raise a Rebellion—He laid his design to seize the King at Oxford, and he wanted not his Accom­plices to do it: The World never was, nor ever will be obliged with a List of the Accomplices here talked of. But they were not Pro­testants, but Men that were Rebels in the late War—In order to this, he hath prepared Arms of a great value for a Joyner; He prepared a good Horse, extraordinary Pistols, a Car­bine a Coat of Mail, an Head-piece, and so being arm'd Cap a Pe, with that design he came to Oxford—We shall shew you, that he made it his business to per­swade others to undertake the design, and joyn with him.—He gave out a Sign which was a blew Ribbon wrought with Letters in it (No Popery, no Sla­very) by this they were to know one another—We shall give you an Account of his Principles; and what en­couragement he was to have, for he boasted he should in a little time be a Colonel—This was not a sudden unpreme­ditated thing; for he had entertained the horridest malice against the King, that ever Subject did, He hath made it[Page 97]his common discourse (I believe I could bring you forty and forty Witnesses to it) to defame the King, and murder him in his Reputation—We shall give evi­dence, that he carried on the same de­sign, with that Arch-Taytor, Fitz. Har­ris, who was a Papist; and I believe if he were examined throughly, he would be found of the same Stamp—The King hath been traduced, as a designer of Ar­bitrary Government, and as an Introducer of Popery—If any Man ever was guilty of high Treason sure he is, and de­serves the severest punishment.

Then Stephen Dugdale, John Smyth, Bryan Haynes & Edward Turbervile were sworn: Dugdale said, That the Prisoner had oft rail'd against the King, & said he was a Papist, and as deep in the Plot as any Papist of them all; that nothing was to be expected from him, but introducing of Popery and Arbitrary Government; That he would arm himself, and be here at Oxford, having several stout Men, par­ticularly Captain Clinton, Captain Brown, and Don Lewis; that would stand by him, in case there should be a Rising.

That the Prisoner gave him forty Shil­lings worth of Blew-Ribbon, with the[Page 98] Inscription, No Popery, No Slavery, to give to his Friends—That the Prisoner said at Oxford, Let the King be­gin as soon as he will, his Party is but an handful to our Party.

Smyth declared, That the Prisoner told him, that the King was as great a Papist as the Duke of York, and every way as dangerous to the Protestant Interest, and he doubted not but he would dye his Fathers death.

That Colledge carried him to his House, and sheweth him his Pistols, Blun­derbuss, great Sword, Armour Back and Breast, and his Head-piece; and told him these would destroy Rowlye's pittiful Guards, which were kept up against Law to set up Popery and Arbitrary Power.

That the Prisoner said he expected some sport at Oxford, and would go thither, and would be one who should seize the King, if he should seize any of the Members; That upon a Discourse of disarming the City, the Prisoner said, that if the Earl of Feversham or the King himself should come to do it, he would be the Death of him; rather than he should take away his Arms.

[Page 99] Haynes Witnessed, That the Prisoner told him, that the King should be called to an Account for all his Actions, for, it was notorious, That he resolved to Esta­blish Popery and Arbitrary Power.—And that no King of his Race should ever Reign in England after him.

Turbervile said, That the Prisoner told him at Oxford, that there was no good to be expected from the King, for he and all his Family were Papists. That he wished the King would begin, and said, but if he do not, We will begin with him, and seize him; for there are seve­ral brave Fellows about this Town, that will secure him, till we have those terms we expect; adding, That he had got a Case of Pistols, and a very good Sword and a Velvet-Cap. (This Mr Atturney repre­sented, to be Armour Cap a Pe.)

In the next place Sr George Jefferies brought against the Prisoner, one Mr Robert Masters, whom he recommended to the Jury, as a Gentleman of an undoubted toping Reputation; and he swore that Mr Colledge in discourse with him, had justified the Proceedings of the Parlia­ment of 1640. And that the last Westmin­sters-Parliament, was of the Opinion[Page 100]with that Parliament; And that he the said Masters, having in a pleasant way saluted Colledge, by the name of Colonel, he said, don't mock me, I may be one in a little time.

Then Sr William Jennings testified, That Mr Colledge was shewing a Picture, to a Crowd of seven or eight or ten Peo­ple, at Oxford; and gave one of the Pictures to him, which he gave to Justice Warcup. That the next day he saw Col­ledge sell a yard of Blew Ribbon (with the Words, No Po­pery, No Slavery, workt into it) Note how doth this stand with the A. Ge­neral's Suggestion a­bout the Ribbon given for a Signal? to a Parliament-man in the Coffee-House, for 2 s. who tyed it upon his Sword. That Mr Col­ledge, upon the day of the Dissolution of the Parliament, told him, that Mr Fitz. Gerald had spit in his face, and that they went to fifty Cuffs, and that he told Mr Colledge, that his Nose bled, and he thereupon replied, I have lost the first Blood in the Cause, but it will not be long before more be lost.

After some Contrasting with the Judges and King's Council, The Prisoner spoke to this effect. I don't question but [Page 101] to prove this one of the most Hellish Conspi­racies that ever was upon the face of the Earth, an absolute Design to destroy all the Protestants of England, that have had the Courage to oppose the Popish Plot; In which no Man of my Condition, has done more than I have done; I was bred a Protestant, have so continued, and by the Grace of God will dye so—'Tis the greatest Nonsence to believe, that I would say these things, to persons whom I could never hope would conceal my Treasons, having discovered their own. I had been a Fool, a Mad-man, to discover them to Papists, Priests and Irish-Men; Men ready to starve for Bread. Had I declared a design to seize the King when he was here at Oxford, they neither would nor ought to have concealed it—I declare, as God is my Judge, that, had I had a design to seize the King, I know not of one Man upon the face of the Earth, to have stood by me; Parliament-Man, or other—I have a Soul that must live to Eternity, I would not call God to Witness to a Lye, to save One Thou­sand Lives; This is a Villainous Conspiracy, and if it take place against me, God knows how far it may go: This is the 17th or[Page 102]18th Sham Plot of the Papists against the Protestants; If they can make me a Tray­tor, they will try it upon others, and so hope to Sham off their own Treasons.

Then the Prisoner called his Witnesses.

Mr William Shewin testified, that Tur­bervile told him, the week before at Charing Cross, that there would be strange things at Oxford against Colledge, and he would lay ten to one, ☞ that Mr Be­thel and Mr Wilmore would be Hang'd at Christmas; and that he would lead Mr. Bethel by the Gold-Chain about Fleet-Street.

Mr Hickman testified that he over-heard Haynes say to a Papist, who Lodged in Hickman's-House, God Damn me, I care not what I Swear, nor whom I Swear against, for it is my Trade to get Money by Swearing.

Mrs Hall and Mary Richards her Ser­vant testified, That Haynes acknow­ledged, that he was employed, to turn the plot upon the Protestant Dissenters.

Mr Whaley testified, that about 6 years ago, Haynes stole a Silver Tankard from him.

Mr Lun testifyed, that soon after the London Grand Jury had brought in their Ignoramus upon the Indictment against Mr Colledge; Haynes in discourse about it,[Page 103]fell very foully upon that Jury, and said he would do the Earl of Shaftesbury's bu­siness, and help the King to Money enough out of the Fanaticks Estates, And that upon the last Munday, Haynes told him, that e'er long the King should have Sheriff Bethel's Estate.

Mr Broadgate testified, that Turbervile told him that the King's evidence were slighted and vilified, and that he was tempted, with great offers, to disown the Po­pish Plot, and to turn to the other side.

Dr Otes being called, produced to the Court a Petition to the Common Council of London, signed by Turbervile, &c. where­in they acknowledged, that they had been tempted to retract & deny the Evidence they had given about the Popish Plot; and the Dr. testified, that Turbervile denyed to him that he had given evidence to the London grand Jury against Colledge; & de­clared that he could not give any evi­dence against him: That the Dr. after­wards charging him with it, He said, that the Protestant Citizens had deserted them, and God damn him, he would not starve.

The Dr. further testifyed that upon a quarrel between Colledge and Smith, at Richard's Coffee-House, he heard Smith [Page 104] swear God damn him he would have Colledge's Blood.

That Dugdale had told the Dr. that he knew nothing against any Protestant in England; that afterwards the Dr. charg­ing him that he had gone against his Conscience; Dugdale said, that he was necessitated to it, for he could not other­wise get Money: and confessed that Colonel Warcup promised him a place in the Custom-House.

Mr Samuel Smith and Mr Thomas Gardener testifyed, that Smith the Wit­ness, did several times declare to them, that he believed a Popish Plot, but not any Protestant Plot.

Bolron and Mowbray testified, that Smith endeavoured to suborn them, to Swear against Sr John Brookes of York­shire; and Bolron added, that Smith would have suborned him, to witness against the Earle of Shaftesbury and Colledge, teling him what he should say, and that if he managed it rightly, he should be made for ever.

And that he had heard Haynes declare, that he knew nothing of a Popish Plot, nor of a Presbyterian Plot; but that he did not [Page 105] care what he swore, and would swear any thing to get money, and would be of that Religion, which had the strongest party.

Then Mr Everard testified; That Smith told him very lately, that he knew of no Presbyterian or Protestant Plot; and that Justice Warcup would have per­swaded him the said Everard to have sworn a Presbyterian Plot. That Haynes told him, that he was drove by necessity to swear against Protestants, for he had but short pay—And that the Irish­men's swearing against the English, was justly fallen upon them, for their In­justice in outing the Irish of their Estates.

The Prisoner after he had called these and many other Witnesses (whose evi­dence (though material) I do for bre­vity sake omit to transcribe) spoke thus;

My Lord, I have no flourishes to set off my Defence; I cannot take the Jury, nor the Court with Oratory.—My Lord They have sworn desperately against me, and it appears they have contra­dicted one another; It has been pro­ved, that this was a design: That they[Page 106]were tampered withal; That they com­plained they were in Poverty; They confes­sed they were tempted to come over to swear against Protestants; and now, the Lord knows, they have closed with it, and they begin with me.—There is never a Man that has sworn against me, but has been sufficiently confuted by Persons of Integrity, Honesty, Men of Principles, and Men of Religion, such as make Conscience of what they say.—I have been Lover of the Church of England, I never had a prejudice against any Man in the Church in my Life, but such as have made it their business to promote the Interest of the Papists; and such there are amongst them, who di­vide the Protestants, and allow none to be true Protestants, but those that are within the Church of England established by Law—I have been an hearty Man against the Papists, and for Parlia­ments, the Bulwark of our Liberty—I have ever since the discovery of the Plot, endeavoured, with all my Heart and all my Power, to come to the very bot­tom of it—These Men that swear against me, used to follow me, [Page 107]and would say, that they came to save our Lives, and yet We let them want Bread; and the Argument was so fair, that, I thought it unreasonable to see them starve.

The Prisoner, afterwards speaking to the Judges, said, My Life and your Souls lie at stake to do me Justice—My Wit­nesses have spoken materially, to con­tradict what has been said against me, to prove that this was done for Money, and that every one of them have confessed they were hired to it, and that they did it for a Livelyhood; And Haynes, said It was a good Trade; Damn him, he would do any thing for Money—I need insist upon this no further; The whole Nation is sensible what is doing, and what this does signifie; They have begun with me, in order to the making of a Presbyterian Plot, which they would carry on to stifle the Noise of the Popish Plot, and this is not the first, the se­cond, nor the tenth time that they have been at this Game; how many Shams have they endeavoured to raise?—I only desire the Jury to take all into their serious consideration; I expect a Storm of Thunder from the learned Counsel to fall upon me—and I must de­fend my self without Counsel. I know[Page 108]not whether it be the practise in any other Nation, but certainly 'tis hard measure, that I, being illiterate and ignorant in the Law, must stand here all day, They being many, and taking all advantages against me, and I a Single Person, and not able to use one means or another, either of writing or speak­ing—Then applying to the Jury (after a solemn Protestation of his Innocence) said, I beseech you, be not frightned nor flattered,—you are to acquit me or condemn me, and my Blood will be re­quired at your Hands.

Now comes Mr Solicitor to bestow his Rhetorick upon the Prisoner, saying; Here has been a great deal of time spent, and truly I think for no other Reason but to divert from the matter before you, and that you might forget the Evidence, and there­fore, to refresh your Memories, I shall repeat it: The Fact charged upon the Prisoner, is a design to Kill the King, the manifestation of that design is, by pre­paring Armes to that purpose, and by coming down to seize the King here, the proof of it has been by Witnesses, that I think by and by, you will have no Objections against.

[Page 109]Then, having recounted the Stories of the Witnesses, he proceeds thus, The Objection made to this proof by the Prisoner, is, That this is a Popish design to raise a new Plot, and cast it upon the Pro­testants; And that these Witnesses are now to deny all the Evidence they have given of the Popish Plot; This is that he would perswade you to believe, but I think it will be impossible for you to have such a Thought; For what are the Evidence that have proved this? Men of Credit, that have been Evidences against the Popish Plotters, Men that still stand to the Evi­dence they have given—And yet forsooth, these Men are going about to stifle this Plot.

Gentlemen! These are the Men the whole Nation has given Credit to, My Lord Stafford dyed upon the Credit of these Men, These are the Witnes­ses, Gentlemen, that this Man thinks ought to be blown off, with that srivo­lous Objection, that they are persons, he would have you believe, Who are guilty of a design to throw the Plot upon the Pro­testants.

Now, Gentlemen! If Colledge have all this while under the name of a Protestant, [Page 110]acted the part of a Papist, I may say, he is not that good Protestant he pretends to be. I must do him right, and repeat the Evidence he hath given against our Witnesses; Mr Hickman says, he over-heard Haynes say, it was his Trade to Swear, and he must get Money by it; Lun says, that Haynes declared the same thing to him. Whaley says, that Haynes stole a Silver Tankard; but he was never pro­secuted for it. I think the Nature of this Evidence hath not that weight, as to take off the Credit of what this Man hath said upon his Oath, especially being backt with the Evidence of Dugdale, Smtyh and Turbervile, whose credit has not been impeached: Indeed Dr Otes is produced against them, and he must vilifie their Credit, whose Testimony, at first of the Popish Plot, received Credit by being second­ed by these Men: A thing much more mon­strous was put in practice by the King's Council, when they produced the very per­sons [...]om Dr Otes had charged with the Popish Plot, to co [...]vict him of Per­jury in the Evidence which he gave of their Plot. It is a strange thing, that this Man comes now to vilifie the Testimony of those who have been Credited by the whole Kingdom—This looks as if [Page 111] the Doctor were again returning to St Omers.

There are two Witnesses, Bolron and Mowbray, who testifie, That Smyth would have suborned them to swear against Sr John Brookes: But I think I need say no more to these Men, but only to desire you to weigh their Credit; They have, I confess, been evidence against several that have been accused of the Popish Plot, but, they have been so unfortunate, that they were never yet believed, though they have been sworn in their own Country.

[Note, This by the way was not true, for at Summer Assizes at York in 1680, Thwyng was convicted of the Plot, and after­wards executed, and that upon the Testimony of these very men, Bolron and Mowbray, in their own Country.]

Mr Solicitor then closes thus,

I think, Gentlemen, this is the sub­stance of what has been offered against the King's Witnesses, except that of Mr Everard, who says something against Haynes; that he should say, he swore for self-preservation; And against Mr Smyth, he says, that he heard him say, he did not know of any Presbyterian Plot.

By these things (And by a great many o­thers, which had slip'd the Memory of the [Page 112] Solicitor, and also of the Chief Justice) he hath endeavoured to take off the credit of our Witnesses; and he would have you believe, that he is a very good Prote­stant, though he does the Papists work.—I think it a great piece of ar­rogance for him, to take upon him the Title of a Protestant, when he hath abused that title by such unsuitable Pra­ctices—I cannot but reflect upon the condition of this Man, whose onely hope is, that you should now forget your selves and become as ill as he is, But as that cannot be presumed, so I shall not need to say any more to you.

After the making of very long Speeches to the Jury, by Sr George Jeffryes, and also by the Lord Chief Justice North, to the same effect with the Solicitor's; The Prisoner minded the Lord Chief Justice, that he had omitted to mind the Jury of several material things evidenced for him; but his Lordship answered, That he had repeated to them as much as he could remem­ber; And so the Jury having been for a short time sent out, and returning, it being about three in the Morning, they brought in the Prisoner Guilty.

[Page 113]The Lord Chief Justice North coming to pronounce Sentence, said, I think the Court were all very well satisfied with the Verdict, and the Jury did according to Ju­stice and Right; I thought it was a Case, that, as you made your own defence, small proof would serve the turn, to make any one believe you Guilty; and so he was sen­tenced to dye as a Traytor.

At the place of Execution upon the 31st of August 1681. he behaved himself with great Courage and Constancy, and expressed himself to this effect,

He professed in the presence of the Li­ving God, That he was so far from being Guilty of those Treasons falsly sworn against him by the wretched and mercenary Men, Dugdale, Turbervile, Smyth and Haynes, that he never spoke so much as one single word of those Treasons to them, or either of them; or ever heard them spoke, till sworn in the Court.

He declared, that Haynes had disco­vered to him, that the Parliament was to be destroyed at Oxford; and that Fitz. Gerald and his party had a design to murder the Earl of Shaftesbury, and that they did endeavour to bring Macna­mar over, and said that then it would be[Page 114]well with them; And they would not be long before they had Shaftesbury's Life.

That, as for what Arms he and others had, they were for their own defence in case the Papists should make any attempt by way of Massacre.

He took it upon his Death, that he was never engaged in any manner of Plot or Conspiracy against the King, the Laws or Government, or knew of any, except that of the Papists.

That if it had been true, that he was to have seized the King, he knew not of so much as one single Person, that was, or would have stood by him in that attempt.

That Masters was unjust in what he swore, in omitting the material part of the discourse about the Parliament of 1640, for when Masters cursed them and the last Westminster-Parliament; and charged the Parliament of 1640, with beginning the War, and cutting off the King's Head; he denyed both, and told Masters that the Papists begun that War, and that the death of the King was the fatal consequence of it.

That Sr William Jennings also did him wrong, for his words were, that he had lost the first Blood for the Parliament, and wish'd it might be the last.

[Page 115]That he was reported to be a Papist, but he declared he detested Popery, and that he had lived and dyed a Protestant.

That Secretary Jenkins, my Lord Killingworth and Mr Seymour, when they committed him, did interrogate him to many things, that he should be privy to against the King; Mr Sevmour saying that Colledge did know, the Lord of Shaf­tesbury, the Lord Howard, and Mr Fer­guson were also engaged; but that he an­swered, were it to save his Life, he could not accuse a Man of them, nor any other Person whatsoever.

That upon the 23d of August, the Messenger who brought him the message of his Death, told him he might save his Life, if he would confess who was the Cause of his coming to Oxford, and upon what account? And that he an­swered him, that he came voluntarily of him­self, rode his own Horse, spent his own Mo­ney, and neither was invited, nor had de­pendency on any Person whatsoever; and had only one Case of Pistols and a Sword, and that had the Papists offered to have destroyed the Parliament, as was sworn they would; that he was there to have lived and dyed with them.

[Page 116]That when he had said this to the Messenger (though the very truth) he found it was not that he wanted, and so left him with a Curse.

He concluded, I dye by the Hands of the Enemies of the great God, his Christ, his Servants, his Gospel, & my Country; to which I willingly submit, and earnestly pray mine may be the last Protestants Blood, that murdering Church of Rome may shed in Christendom; And that my Death may be a far greater Blow to their Bloody Cause, than I either have, or could have been by my Life, The Lord God Almighty save England from Popery and Slavery, bless the City of London, and unite all good Protestants in the Nation. Amen, Amen.

THe Conspirators from the very first discovery, resolved that the Po­pish Plot, should be turned to a Presbyte­rian Plot; pursuant thereto, the credit of the Evidence, especially from the time of the Dissolution of the Oxford-Parliament, in the beginning of the year 1681. had been, with matchless Impudence, and Virulence, traduced and run down, by the scriblings of L'Estrange, and of Heraclitus ridens, and the Intelli­gences of this Thompson now before us; so that by this time, a multitude were infected with the poison of their Works,[Page 118]and seduced into a belief, that the Popish Plot was a Sham; nothing but a thing raised by the Protestants against the Pa­pists; however, it still remained upon them to wipe off the Blood of that Mar­tyr, the worthy Sr Edmundbury Godfry, which was more then One Thousand Witnesses against them, and now, they judging matters to be ripened for it, with effronted fore-Heads, set to the Work, as will appear by what follows.

The Information against these noto­rious Criminals, Thompson, Paine and Farwell, was to this effect, That they well knowing that Green, Berry and Hill were Convicted, Attainted and Ex [...]uted for the Murther of Sr Edmundbury God­fry, and that Prance, Bedloe, Brown, Curtis, Skillarne and Cambridge, were Witnesses for the King against them, and that by the Coroners Inquest, taken upon view of the Body, it was found, that he was Strangled and Choaked; they, to subvert and elude the due course of Law, and to defame the Justice of the Kingdom, and to render as well the Wit­nesses, as the Coroner contemptible, and to deter others from detecting the De­signs of Papists, and to induce a belief[Page 119]that Green, Berry and Hill were unjust­ly Executed; and that Sr Edmundbury Godfry was Felo de se, they did most im­piously Compose and cause to be Printed and Published, two false Scandalous and Defamatory Libels, entituled, Let­ters to Mr Miles Prance; and three o­ther Scandalous Libels called the Loyal Protestant and true Domestick Intelligence, and did, by these Libels, suggest, that Sr Edmundbury Godfry was Felo de se; and did reflect on every of the said Witnesses, as if they had contradicted themselves, and Insinuate, that the Coro­ner's-Jury did at first declare, that he was Felo de se, and that the Coroner used much Art and Skill to procure their Verdict to the contrary.

The Jury which tryed this Cause, were,

• Peter Houblon,
• John Ellis,
• William Barret,
• Joshua Brooks,
• Gervas Byfeild,
• Jonathan Lee,
• George Widdows,
• William Sambrooke,
• William Jacomb,
• John Delinee,
• Samuel Bayly, and
• Samuel Howard.

[Page 120]The Counsel for the King, were,

• Mr Serjeant Maynard,
• Mr Solicitor General,
• Sr Francis Winnington,
• Mr Williams,
• Mr Thompson,

• Mr Saunders, and
• Mr Gooding,

Coun­cil for Paine.

• Mr Yalden

for Thompson.

• Mr Os­borne

for Farwell.

Mr Thompson having opened the In­dictment, Mr Serjeant Maynard spoke to the Crime, and declared it to be as impudent a thing as ever was done, in that it scandalized the publick Justice of the Nation, undertook to vindicate the Murtherers, and to accuse the Proceed­ings of the Nation, and then calling the Witnesses.

Sr John Nicholas, Sr Philip Loyd, and Mr Bridgman, Clerks of the Council; pro­ved that the two Letters set forth in the Information, were shewed to the Defen­dants at the Council, and that Thompson owned the Printing both of them; and that Farwell owned the carrying the first, and Paine the carrying the second to Thompson. After reading these Let­ters in Court; Thompson's Intelligence of the 17th of March 1681, was produced, wherein it is contained as follows;

[Page 121] There is not in the said Letter (meaning the said first Letter) the least Item or Circumstance, but what will be by undenia­ble Evidence made out to be Truth, so that Mr Prance, having not as yet vouchsafed an Answer to that Letter; he will speedily receive a further Letter, relating to that Murther, wherein the further truth will be set forth, and other Circumstances set out.

Another of those Intelligences of March 11th, 1681. given in Evidence, ran thus; Whereas Dick Janeway in this days Mer­cury, promises an Answer to the late Let­ter to Mr Prance, &c. This is to give him, and all the World notice, that such an Answer is impatiently expected by the Au­thor of that Letter, who questions not but to prove every tittle of that Letter, to the satis­faction of all Mankind; and then it pro­ceeds to challenge the Lord Mayor, Al­dermen, and Common-Council, to in­spect the truth of that Letter; and says, That then the Fraud and Blindness put upon the World, in Relation to the Murther of Sr Edmundbury Godfry will be mani­festly proved.

A third of these Intelligences, took a further step, glorying, in an imagined[Page 122]victory in this matter, for it sayes Last Wednesday Nathaniel Thompson, upon Sum­mons appeared before the Lords of the Coun­cil, about the Letters to Mr Prance concern­ing the death of Sr Edmunbury Godfry, where he justified the matter, and produced the Authors who are ready to prove (by un­deniable and sub stantial Witnesses, &c.) that every tittle and jot a of these Letters are true, And after adds, Mr Thompson, and the Gentlemen, his Friends are to attend the next Wednesday at Council, where they do not doubt, but that honourable Board, will put them into a Method, to prove the whole, or any particular, which their Honours, in their great Wisdom shall think convenient to be brought to the Test, or Examination.

An honest English-man, can never better express his admiration and detestation of the transcendent impudence, of these vile Miscreants, then in the Language of the late famous Baron of Wem, upon ano­ther occasion, with a small alteration of Words, Good God! whither were we run­ing, when many easie People were so strangely wrought upon by these Impostors, and when the villainous and black Designs of some evil Instruments among us, were so powerfully abetted and countenanced, that [Page 123] they were arrived to this degree of assurance, that they could beguile and delude, not only some of the Shepherds of our Church of Eng­land, with their silly innocent Flocks; but even the King and his Privy-Council, into the belief of so horrid a falshood; and that at a time when not a hidden, but a deeply contrived and detected Treason was carryed on amongst us, for extirpating our Religion, (termed the Northern Heresie) our Laws and Liberties; The Conspirators had a fair Game of it, whilst these Fellows were believed; and they needed no other means to compleat their design; I cannot but say, my Blood does curdle, and my Spirits are raised, to see fellows so impudent, as to brazen it out, as these monstrous Villains do; the black­ness of their Souls, the baseness of their A­ctions, ought to be lookt upon with such hor­ror and detestation, as to think them unwor­thy any longer to tread upon the face of God's Earth. But, to return to the matter in hand, from which I have di­gressed;

It being, as aforesaid made out, that the Defendants had published, that, what was testified against the Murde­rers of Sr Edmundbury Godfry was a lye; Mr Saunders and Mr Gooding, Counsel[Page 124]for Paine, declared it was a rash and un­advised Act, but not out of Malice; and that he was sorry for what he had done, and had offered to give any Satisfaction.

To whom the Lord Chief Justice re­plyed, To me he said he would make it out by five hundred Witnesses, they would make it as plain as the day: and Coun­sellor Thompson added; since the last time that was appointed for the Tryal, they have printed that they would prove it by sixty Witnesses; and were very sor­ry it did not come on.

Mr Yalden, Counsel for Thompson, said, that he thought his Client was unfortu­nately drawn into the business by Paine and Farwell, who turn all upon him now.

Mr Osborne, Counsel for Farwell, said, It was a foolish thing, to do as he had done, but, that his Client said he had several Witnesses, who being called; it was manifest that Farwell designed, to have even then, raised a doubt whe­ther Sr Edmundbury Godfry was mur­thered, or not; but it appeared, that of the eleven or twelve Witnesses he called, there was not one but was as much against him as could be; for they did plainly evince it, that Sr Edmundbury [Page 125] Godfry was Killed, and that by Strang­ling, and so confirmed the evidence given against Green, Berry and Hill.

It being thus manifested, that this was a cursed combination to affront the publick justice of the Nation; and that done, to the end, to perswade the World, there was no Popish Plot. The Jury, without stirring from the Bar found them all three guilty of the Information; and the judgment was, that Farwell and Thompson should stand in the Pillory in the Palace-Yard, for one hour, the last day of the Term, and each of them pay 100 l. Fine, and to be Imprisoned till paid; and that Paine should only pay 100 l. Fine, and be imprisoned till paid. Upon the 5th of July 1682. according to the judgment, Thompson and Farwell stood in the Pillory with this Writing over their Heads, For Libelling the Justice of the Nati­on, by making the World believe, that Sr Edmundbury Godfry murdered himself.

Tho' this bold and daring Contrivance of these Champions for Holy Church, was thus happily defeated, and their own Counsel did not only declare that it was an unadvised undertaking, but some of their own Gang began to say that the [Page 126] Devil owed them a sham; yet, no doubt of it the design was better laid, then some imagined. But what fence for ill luck? They did confidently relie upon the Council-Board to cherish the under­taking, and to instruct the prosecution thereof, and nothing disappointed them there, but an unlucky mistimeing the matter. They also knew full well, that the credit of Popery must be restored and that, by suppressing the evidence of their Plot, and that if one thing failed, another would hit; they remembred the Prophecy of one of the Guides of the hare-brain'd Toryes, Heraclitus Ridens, who fore-told, soon after the election of Sr John Moore to be Lord Mayor; that at or before 1683. they should have Juries for their turn, and, that then talking to the Whiggs about hanging, that Author with great assurance told them, They must come to't, and should come to't; so that all had been Cock-sure, if they had tim'd it, so as to have had it tryed, before any one of the corrupt and murdering Juryes, which that year of 1683. furnished for my Lord Russel, Colonel Sidney, and others.

THe Conspirators, having in the begin­ning of the Year 1681, delivered themselves from the danger of Parliaments: They well knew that there then stood nothing in their way, but the old fashi­oned, abhorred way of Tryals by Juryes: Therefore, they must now (to cut off all who stood in their way) have Jury-Men, as they had already Judges, at their own Nomination and Devotion, so

In October 1681, Sr John Moore is made Lord Mayor of London; than which[Page 128](to the discerning part of Mankind) no­thing was more portentous, nor of worse Omen; and the dire effects with that foreboded were quickly felt; For now (the Lord Mayor giving himself up, intirely and implicitly, [...]o the dispose and con­duct of Sr Leoline Jenkins) all things went according to the Will of the Con­spirators.

The great care now is, how to get such Sheriffs, as would furnish proper Juryes to serve the turn; for securing this great point, the Mayor is closely plyed by their little Engines in the City; and directed to insist upon a pretended Prerogative, to elect one of the Sheriffs; This point being gained upon him, they bethink themselves of a fit Man; and incline to Sr Benjamin Newland, but at length they pitch upon Mr North (late­ly returned from Turkey, Brother to the Lord Chief Justice North) He readily embraces the Employment, and before the day for election of Sheriffs was come (a thing never before known) he seals a Bond to the Court of Aldermen, to hold Sheriff; and the Gazette proclaims it to the World, that the Lord May or had elect­ed Dudley North Esq Sheriff of London

[Page 129]The Conspirators and the Mayor, ha­ving thus acted the matter by concert, Midsummer-day, the accustomed time for Election of Sheriffs, being come; the Mayor insists to have Mr North ad­mitted as one of the Sheriffs, and his Party put up Mr Box to be joyned with him; But the Citizens withstood the Ma­yor's Usurpation upon their undoubted Rights; and proceeded according to im­memorial Custom, to Elect their She­riffs; and fixed upon those well-deser­ving and eminent Citizens, Mr Papillon, and Mr Dubois; who were chosen upon the view, by a very great majority of Voices.

Hereupon, to gain time for Consul­tation, how to trick this Election; the Accomplices of the Conspiracy, demand a Poll, that being yielded to them; the Sheriffs went upon the takeing the Poll; and it being far proceeded upon, and it appearing that there were two to one of the Electors, polled for Mr Papillon and Mr Dubois; the Mayor was sent with a Rabble, in a Tumultuous manner, to in­terrupt the finishing the Poll, by Ad­journing the Court.

The Sheriffs, Mr Pillington and [Page 130]Mr Shute, well knowing the Managment of the Election to belong to them; con­tinued for some time to proceed in take­ing the Poll, and then adjourned to the Tuesday following.

The Conspirators call this a Riot, (as in truth it was of their own side) and the Council at Whitehall, commit the Sheriffs to the Tower; and there lock them up, till, by an unlucky English Instrument, called an Habeas Corpus, the Tower Gates were forced open; they nevertheless with undaunted resolution, persisted to assert their own and the Citizens Rights; and declared Mr Papillon and Mr Dubois, to be Elected Sheriffs.

Then it was proposed and consented to, that a new Poll should be taken; which being done, it appeared, that Mr North had 170 Voices, Mr Box 1353. and Mr Papillon and Mr Dubois, upwards of 2700. and they are a second time declared to be Elected Sheriffs.

Thereupon, upon the 20th of July, divers eminent Citizens attended the Lord Mayor and Court of Aldermen; and for themselves, and on behalf of the rest of the Citizens, demanded, that they would cause Proclamation to be[Page 131]made, for Mr Papillon and Mr Dubois, to appear and seal Bonds, according to Custom; to take the Office of Sheriffs; And at the same time, they entered a Cave­at, to Mr Wagstaffe the Town-Clerk, against the swearing and admitting, Mr North and Mr Box, Sheriffs.

However, the Lord Mayor by the dire­ction of Sr L. Jenkins, and the influence of Saunders, and of Jefferies (both declared Enemies to the City Rights, and at that time, of Council with the Conspira­tors, for the overthrow of their Antient Charters) assumes the boldness to declare, both Mr North and Mr Box, Sheriffs; and so ravishes from the Citizens, the right to Elect either of the Sheriffs; But Mr Box appearing to be endued with a better stock of Discretion, than to under­take the Office, upon that Title, declined it; Whereupon 'tis resolved that Mr Rich shall be the Man, and a Common-Hall being called, a little before Michaelmas, where, tho' above ten to one were found against Rich, yet, the Common Serjeant (who was deeply engaged in the Intrigue) makes report to the Mayor; as was be­fore concerted; that Mr Rich was Elected,[Page 132]and so, without more to do, he is de­clared Mr North's Partner.

Upon the day for swearing the new Sheriffs, being Michaelmas-Eve, 1682. The Citizens went in a very great Body to Guild-hall, to present Mr Papillon and Mr Dubois to be sworn, but were with-stood by Souldiers, Armed with Pikes and Musquets, then in possession of the Hall; By these means, and in this Military, Arbitrary, and most Illegal way, were Mr North and Rich constituted Sheriffs of London and Middlesex, to the unspeak­able joy of the Conspirators, and their insipid Adherents in the City.

These new Sheriffs, to gratifie their Faction, and to oblige the World, with notice of what must be expected from them; At the publick Feast upon their entring upon the Office, They entertain their Crew with these Rhimes, Sung at their own Table,

Well, to be serious, and after a too te­dious digression, to return to the mat­ter proposed; These Sheriffs, being thus settled, and by consequence, Juryes to serve the turn, at hand; They set themselves to a vigorous prosecution of the Quo Warranto, brought against the City Charters; and of an Information ex­hibited about this notorious and horrid Riot; and to make sure work herein, they cast an Eye into Westminster-Hall, and finding Sr Francis Pemberton, Lord Chief Justice of the King's-Bench would not serve this purpose; He is thrust down into the Common-Pleas; with a Complement from the Lord Keeper North; that no Man's services were more emi­nent nor better accepted, than my Lord Chief Justice Pemberton's; And Mr Saun­ders (the Counsel against the City upon the Quo Warranto, and Adviser of the Lord Mayor's most extravagant proceed­ing [Page 134] in the matter of the Sheriffs) is upon the 23d of January 1682, promoted to be Lord Chief Justice; being then told by the Lord-Keeper; That the King's Peo­ple might not suffer in the want of so good a Magistrate as his Predecessor, his Ma­jesty had taken care in the choice of him, to succeed in that great and important Office; he being a Person of manifest Integrity and Affection to the King's service; And that his Lordship might say without flat­tery, that he came into the Seat of Lord Chief Justice, with as few Passions and personal Frailties as any that had been before him. [Methinks Sr Matthew Hale or Sr William Scroggs, might have been excepted.] That the Age was so dege­nerate, and full of Faults; ☞ Faults of Irreligi­on, Immorality, Debauchery, &c. that it re­quired more than a Man to censure them. And, his Lordship added, That the tem­per of the present Age required his Severity in cases of Sedition, Which, he said, was [...]lly grown to that height and Insolence, and managed with that Malice, that it was very near breaking out into open force.

All things being now thus well pre­pared; upon the 8th of May 1683, the matter of the Riot is brought to Tryal at[Page 135] Guild-hall before this vertuous Lord Chief Justice Saunders, upon an Information to this effect.

That upon the 24th of June 1682. in Guild-hall, there was a Common-Hall summoned by Sr John Moore Lord Ma­yor, for the Election of Sheriffs; and that on that day, the Lord Mayor in a lawful manner adjourned the Court, till Tuesday following; That after the Adjournment, the Lord Mayor made Proclamation for all persons to depart; That the Defen­dants intending to disturb the King's Peace, did unlawfully meet together, and riotously assault the Lord Mayor; And, that after the Adjournment, Mr Pil­kington and Mr Shute, by colour of their Office, as Sheriffs; and the rest of the Defendants, did continue the Poll, and affirm to the People, that Sr John Moore had no power to adjourn them; and that they continued this great Tumult three hours; to the terror of the King's Subjects, and against the Peace.

[Page 136]The Prosecution of this Information, was managed by,

• The Kings Atturney General,
• Solicitor General,
• Sr George Jefferies,
• Mr Dolben,
• Mr Jones, and
• Mr Molloy.

And defended by,

• Mr Wallop,
• Sr Francis Winning­ton,
• Mr Williams,
• Mr Thompson,
• Mr Holt,
• Mr Sommers, and
• Mr Freke.

Mr Sommers and Mr Thompson, upon calling the Jury, offered a Challenge of the Array; and pressed to have it read, which being done; Sr George Jefferies called it a Tale of a Tub, But Mr Thomp­son persisted, Ʋrging, that Sheriff North was interessed in the matter, and if Sr John Moore had not Authority to Ad­journ the Poll; Mr North was not duly chosen Sheriff; and so ought not to re­turn a Jury; the very Title, to the Of­fice of Sheriff, being in question.

This point was further pressed by Mr Williams, Sr Francis Winnington, and Mr Wallop; but opposed by the Attur­ney, and Solicitor General, and Jefferies; and over-ruled by the Lord Chief Justice, [Page 137]Then, Mr Thompson prayed the Benefit of a Bill of Exceptions; but that was al­so over-ruled; and the Jury, returned by the Sheriffs, who were forced upon the City by the true Rioters, were,

• Sr Benjamin Newland,
• Sr John Mathews,
• Sr John Buckworth,
• Sr Tho. Griffith,
• Sr Edmund Wiseman,
• Percival Gilburne,
• Henry Wagstaffe,
• Barth. Ferryman,
• Tho. Blackmore,
• Samuel Newton,
• William Watton, &
• George Villers.

Then Mr Dolben opened the Informa­tion, and Mr Atturney followed, saying, That the Information was brought for set­tling the Peace of the City, and to shew who is the Supream Magistrate there; That the Lord Mayor in all times, was the Kings Lieutenant; and no publick Assem­blies could ever meet, without his Sum­mons; That the question was about the Election of Sheriffs; That the Lord Mayor adjourned the Court; and the Sheriffs proceeded, and made Proclamation, that it was not in the power of the Mayor; and continued the Poll in a Riotous man­ner; and when the Mayor attempted to go out of the Hall; they struck him, [Page 138] struck his Hat off, and pressed several of the Aldermen; That if the others had made opposition, all had been in Con­fusion, upon this Usurpation.

To this, Mr Solicitor added; That after my Lord Mayor commanded them to depart, they continued their Assem­bly there, in a very riotous manner, and as my Lord came down, they offer­ed Insolencies to his Person.

Then comes Sr George Jefferies (the main Contriver and Abettor of the Lord Mayor's most daring and unjustifiable attempt) and tells the Jury; That the Rabble came upon my Lord Mayor; had him down upon his Knees, and if some Gentlemen had not come in, they had trod him under feet; He then called Sr William Hooker, Mr Lightfoote, Mr King, the Common Serjeant, the Com­mon Cryer, the Sword-Bearer, and Mr Bancroft; to testifie (as they did) that the Lord Mayor, did always con­vene and dismiss the Common-Hall, and, as to the matter in question, the Com­mon Cryer evidenced, that about five or six of the Clock, he adjourned the Court by my Lord Mayor's Order, to the Tuesday following.

[Page 139]Mr Weston witnessed the same, about the Adjournment; and that he saw my Lord's Hat off; and his Train bearer, was knock't down, or fell down.

The Common Serjeant evidenced, that he heard them (but could name no Person) cry out, No God Bless the King; down with the Sword; No Lord Mayor; No King. And he affirmed, that he had the sole management of Elections of Sheriffs, as the Duty of his Place.

Then Cradock, and others, witnessed that the several persons charged in the Information, continued upon the place, after the Adiournment: And Cradock said, that Mr Bethel came to him and bid him resist my Lord Mayor.

Major Kelsey declared, That he saw my Lord Mayor's Hat upon his Back. And Captain Clark, said, that he heard above a hundred hiss and cry, No King's man, upon the proclaming, God save the King, and that they also cryed, Press on, Press on.

Higgins said, that some cryed, God save the Protestant Sheriffs; down with the Sword; and that after the Lord Mayor was gone home, he saw one Freeman (whom they call the Protestant Cheesmonger) calling to Poll to Poll; And that he heard[Page 140] Alderman Cornish tell the Sheriffs, they were doing right; and you shall have all right done to you; Higgins added, that he was saying, you are all in a Riot; and Mr Swinnock said, this is no Riot—I can never meet you, but you are railing against the King's Evi­dence.

Mr Vavasor Note, This Spark Vavasor, was the malicious and impla­cable Mover and Promoter of the unjust Prosecution of honest Mr VVilmore; and said, This Dog VVilmore, this Ignoramus Dog, If I do but rout him, I shall be made the King's Atturney. Had Mr Atturney General known, that he had the Am­bitious thought of supplant­ing him, he would not have given him this lift towards the Office of Kings Atturney, by making him one of his Majesties VVitnesses. (called by Mr Atturney Gene­ral) witnessed that Sheriff Shute ordered Procla­mation to be made, and told them, where as my Lord Mayor had taken upon him to Adjourn; We the Sheriffs, being the proper Offi­cers; do Ad­journ to Tuesday at nine of the Clock; And Vavasor added, that had it not been for Trice Hammond, he believes he had been trod under foot.

Then Farrington testified, that, Mr Wickham a Scrivener said to him,[Page 141]My Lord Mayor has nothing to do here, We will not be ruled by any of your Tory Lord Mayors; and he added, that they fell about him, and he was in great dan­ger of mischief, for they trod upon his Toes.

Mr Kemp, testi­fied, that Mr Dea­gle confessed to him, that he was there about seven at night, with Alderman Cornish. It will no doubt, be a warning to Mr Deagle, to go, upon his next trans­gression, a little further than Pater Noster-Row, for a Confessor.

Mr VVilliams then urged on behalf of the Defendants; That for the Cries and Disorders, nothing was fixed upon them; and it appeared not, whether one Party, or other made the noise; That, the question here was, whether the Sheriffs did more than their Office; and he did not see the Government concerned, one way or other;—That here is nothing more proved, than the continuing the Poll, and it will be very hard to make them guilty of a Riot.

Sr Francis VVinnington added; That at this rate, They that are the greatest Number (or rather the most powerful Par­ty) may, upon every occasion, make them, against whom the Election is car­ried, to be Rioters.

[Page 142]Then Sr Robert Clayton witnessed, That when he was Lord Mayor, a Per­son whom he drank to, for Sheriff, was re­jected by the Common-Hall; and they were left to choose two Sheriffs for them­selves; That the management of the Election was left to the Sheriffs; who did grant a Poll, and managed it; which Sr Robert took to be their duty; and did not ap­prehend it to be his right. That that Poll was the most litigious he had known; and lasted five or six days, and the Sheriffs adjourned it, without consulting him, or receiving any direction from him; for he did not look upon it to be in his power.

Here, the Attorney General and Mr Jones (designing without doubt to catch this prudent and well-deserving Gentle­man; as they lately had the worthy Sr Patience Ward) did mightily labour to have him be positive in his evidence; but, he not being to be so ensnared; declar­ed, that he spoke to the best of his re­membrance, every thing he said.

Alderman Love then witnessed, that when he was Sheriff, about two & twenty Years ago, he took it for granted, that it was the Sheriffs Office, to manage the Common-Hall; as my Lord Mayor's was, to have a Sword born before him; and [Page 143] that he received it by Tradition from all be­fore him: That in his Sheriffalty, when they came to chuse Sheriffs; the Lord Mayor said to him and his Brother; Gentlemen, look to your Office; that one was put in nomination who had been drank to; and, he being a sitting Al­derman; he was chosen with another; He added, that had my Lord Mayor gone about to intermeddle; he should have de­sired him to meddle in his own Office, and let him alone with his. That he never knew or heard, that the Lord Mayor in­terposed, till of late years; but the Sheriffs managed the whole business of chusing Sheriffs.

Deputy Sibley then testified, that he had been of the Livery ever since the Year 1639. That, in all his time (except of late) the Sheriffs had the management of the Election; and the Lord Mayor ne­ver interposed; but he and the Aldermen, went off the Bench.

Mr Winstanley testified, that when Sr Samuel Starling was Mayor, Sr James Edwards, and Sr James Smyth, the Sheriffs, managed the Poll, between Mr Kyffen and Sr Robert Clayton.

Mr Wallop then put this Case; in a [Page 144]point of right; if there be a probable Cause to insist upon it; Suppose I send three or four Men to a Wood, and take a Car or Team; if they be a competent Num­ber to cut down Wood; if I am mistaken in the title, that is no Riot.

Then Mr Roe testified that he saw a Rabble, of about one hundred in the Street, with their Hats upon Sticks, cry­ing, damn the Whiggs; & they declared, that they did it, to stop the Polling for Sheriffs.

Then something in excuse for the Lord Grey's being there was offered.

Sr Simon Lewis and Sr Jonathan Ray­mond, who were Sheriffs in Sr Robert Clayton's Mayoralty, then said, That upon the first day of Election of Sheriffs, my Lord Mayor adjourned the Court; and that afterwards they only appoint­ed from day to day till the Poll was ended.

The Common Serjeant out-stripped these Gentlemen, and now declared, that upon the Poll for Mr Bethel and Mr Cornish; against Mr Box and Mr Nichol­son, in the Mayoralty of Sr Robert Clay­ton; every Adjournment was made, by my Lord Mayor's direction to him.

[This Gentleman's endearedness to [Page 145]Jeffryes did sufficiently dispose him to give his best assistance to the Conviction of these worthy Citizens, aimed at in this prosecu­tion; and it may be suspected that it would not have much displeased him, to have seen them capitally accused; for he was heard to say at Tunbridge, to some of his Confidents, soon after my Lord Russel's Death, That the Plot, at present lay amongst Lords and Country-Gentlemen, but when it came into the City, they should see what work it would make.]

The Attorney General concluded, say­ing, This matter relates immediately to the Government: here is the publick Peace of the City in da [...]ger, and if my Lord Mayor had been a person of great Spirit, and had raised others to suppress this Riot; then the City had been in a fine condition; there­fore, Gentlemen, it is hoped you will settle the City, by destroying this pretence, which has been fluttering in the Air, but hath no ground for it.

Then, the Chief Justice summing up the matter, told the Jury; That the Rioters would make the Sheriffs, the Men; and that the Lord Mayor was no body; and that it was something of the Common­wealth Seed, that was like to grow up [Page 146] among the good Corn.—That the Jury must consider, whether these Gentlemen did not in a tumultuary way, make a Riot, to set up a Magistracy, by the power of the People—That in truth, the King must be put out of his Throne; to put these two Sheriffs in it.—That it was to dethrone the King, as far as they could.—That my Lord Mayor himself, had like to have been trod under foot; his Hat was down—That, all this Flame took fire from this Spark; That the Sheriffs might do what they thought fit, about chusing Of­ficers.

Hereupon, the Jury having found the Defendants guilty: Upon the 26th of June, Justice Jones, declaring the hei­nousness of the Fact, and what an evil President it might prove, if it should pass unpunished; after a little Whisper­ing, with his Brother Wythens, awarded the following Fines to be paid (viz.)

• Mr Pilkington (to whom Royal Mercy was extended, in regard, he was a Prisoner upon Execution for 100000 l. given by a Loyal Hertfordshire-Jury, for Words about the Duke of York) only 500 l.
• Mr Shute 1000 Marks.
• Lord Grey 1000 Marks.
• [Page 147]Alderman Cornish 1000 Marks.
• Sr Tho. Player 500 Marks.
• Mr Bethel 1000 Marks.
• Mr Jenks 300 Marks.
• Mr Deagle 400 Marks. (Quere If not bestowed upon Kemp for betraying his Neighbour.)
• Mr Freeman 300 Marks.
• Mr Key 100 Marks.
• Mr Wickham 100 Marks.
• Mr Swinnock 500 Marks.
• Mr Jekil 200 Marks.
• Mr Goodenough 500 Marks.

The black Representation of the de­meanour of the Sheriffs, and many of the most valuable Persons in the City, up­on this Election of Sheriffs; as, that it was a Branch, a Limb, any thing, or every thing, of an horrid Fanatical Conspiracy against the King's Life; A deliberate de­sign to spoil the Crown, the Church and the Subject. The impetuous prosecution of the Information; The strange practi­ces to procure the Conviction of the Per­sons now named; the exorbitant Fines imposed upon them; And, to add no more, the avouching and out-facing the accession of the Tory Crew, to most of [Page 148]the extravagant and arbitrary Practices of the late Reigns; in the attempt (even in the beginning of the auspicious Reign of their present Majesties, whom God long preserve) to bring Sr John Moore a second time to the Chaire, and that at a time when the House of Commons had received Petitions, charing him with high Misdemeanours, in his Mayoralty, and were proceeding to the examination thereof; I say, the consideration of these things, may well justifie the Re­marking with some plainness, the trans­actions at Guild-hall upon the memo­rable 24th of June 1682, so that Truth may be vindicated against Calumny.

As to the Evidence of the Riot and Disorders, given by Sr John Moore's Witnesses, some things seem pritty ob­servable, as,

1st. Though the Witnesses were all forward enough; the most Splenetick, vio­lent and imbittered Tories, saw and heard most, indeed every thing, for Instance; Mr Bethel, amongst the many hundreds or thousands there Assembled, unhappily chopt upon (or rather sought out) Gra­dock, for he swore Mr B. came, to him and had him resist my Lord Mayor. [Page 149] Captaine Clarke heard above one hundred hiss and cry no King's Man, upon the pro­claiming God save the King, and yet it was not heard by one other, of more than twenty Witnesses produced on that side. The Common Sergeant went a step higher than Clark, for he, and no body else, heard them cry, No Lord Mayor, no King.

2dly, Captain Clarke heard the People cry, Press on, press on; Major Kelsey saw my Lord Mayor's Hat upon his Back; Vavasor was in danger of being trod under foot; Nay, the Roguy VVhigs trod upon Farrington's Tory Toes; but they paid dear for it, for he Swore Mr VVickham in for his 100. Marks. But, which was worst of all, there was such a Crowd, my Lord Mayor (takeing a false step) had like to have got a fall.

Now, tho' it may be thought, that but few of these Gentlemen-Witnesses do frequent thronged Churches; yet they will not deny, but when they have gone to divert themselves, with the lashing of the Whiggs, at one or other of the Lon­don Churches, upon a Set-day, they have been in such haste, to get out to the Won­der Tavern to drink their Confusion, that they have not only used this naughty[Page 150]guage now complained of, press on, press on; but have also (in a riotous manner) trode upon one anothers Toes. But if so, it may be objected, that it was a­mongst themselves; so in truth was this We are talking of, for the matter was no other than this,

Heat of the Brains, reigning at that day to an high degree, amongst many of that party; when my Lord Mayor went out of the Hall, towards the She­riffs, who were taking the Poll in the Guild-Hall-Yard; the Crowd of his own furious Followers (of whom every one strove to be foremost) press'd upon him; and by that means, and no other, did the disaster happen, of his Lordship's Hat falling from his Head.

To conclude, though the carriage of things at that time of the swearing Mr North and Mr Rich, Sheriffs (when that notorious Ʋsurpation upon the Citizens right, was justified by Bashaw Quiney and his Janazaries) did creat an apprehen­sion, that no Laws, Usages or Customs, would be regarded, when they came in competition with the designs then on foot; yet the Citizens, asserted their Rights with all modesty, and the She­riffs, [Page 151]in the whole proceeding, carried themselves, with all imaginable impar­tiality, and with the greatest regard to the Quiet and Peace of the City.

Having just touched the unheard of practice, of bringing the Military Power, to strike a Terror into the Citizens; and thereby to wrest from them their un­doubted priviledge of chusing Sheriffs; I shall take leave to subjoyn a brief account, of the Indignities & Violence then used to­wards several of the Chief Magistrates of the City; but shall by the way (though it comes not in its proper place) pre­sent the Reader with a Transcript, of the New-fashion'd Summons, issued by the Lord Mayor, upon the extraordina­ry occasion, which then appeared, to have Sheriffs of Sr L. Jenkins his Nomination.

To return to what was last propos­ed; The accustomed day for Swearing the Sheriffs being come, the Aldermen were called to Guildhall, by Summons from the Lord Mayor, as follows.

Sir, your Worship is desired to be at a Cort of Aldermen at Guildhall, on Thurs­day at nine of the Clock in the forenoon, in your Violet Gown and Cloke; it being the 28th of September.

Hereupon, at that hour, six Aldermen (viz.) Sr John Laurence, Sr Robert Clayton, Sr Patience VVard, Sr Thomas Goold, Sr John Shorter and Alderman Cornish, went, with Mr Papillon and Mr Dubois, to Guildhall; where Quiney, in a very insolent manner came to them, and told them, he [Page 153] had a command to keep the Hall clear; whereupon they demanded, whether he did not know them to be Magi­strates, of the City, and could believe his Order reach'd them; he replyed, that he knew them, and they must remove; They then said, they were summoned and attended in all peaceableness; quickly after, he accosted them again, saying, Gen­tlemen; you must withdraw, I have a com­mand to require it; They then demanded a sight of his Warrant, but (huffing) he said, he would shew none to such as they were; and then laid hold of Sr P. Ward, saying, Sr, you must remove; and in the same manner laid hold of Sr John Laurence, pulling him with such violence, that he had like to have thrown him down; and treat­ing the rest of the Aldermen in that man­ner, they were all forced to retire; in this proceeding, he was abetted and sup­ported by, Mr Wythers, Wiseman, Nichols, Steverton, &c. then present in Guildhall, (proper men to be returned to serve upon the Jury in the foregoing Cause).

The Lord Mayor being come to the Court, Mr Papillon and Mr Dubois de­clared, that they were ready, and did there tender themselves to take the Office of [Page 154]Sheriffs, and to be sworn; and hum­bly prayed the Answer of his Lordship & the Court; but without condescending thereto, the Mayor went to the Hustings, calling Mr North and Rich to follow him; and there, calling them to the Book to be sworn, Mr Papillon and Mr Dubois offered themselves to be sworn, and Mr Papillon laid his hand on the Book; but his Lordship and Sr J. E. Sr W. P. and some other Aldermen commanded them to forbear, and keep the Peace and be gone: Some of the Aldermen claimed to be heard, but the Mayor refused it, and proceeded to swear North and Rich; whereupon the duely elected Sheriffs with the six Aldermen, withdrew, pro­testing against those irregular and ar­bitrary proceedings.

UPon the Discovery of the Popish Plot, the Conspirators, finding their measures to be broken, as indeed were those of the French King all over Europe; they advised King Charles the Second, to make use of the Discovery, as a Cripple, to beg Money of the then approaching Parliament, which was immediately to sit; for the better effecting thereof, the ob­sequious Clergy were privately instructed to Preach against Popery, and to magni­fie the Discovery of the Plot; this Doctrine was thundered out from the Pulpits, till the Dissolution of that no­torious Pentionary Parliament. Having then found their hopes dash'd, new In­structions were given, and the Clergy advertised that there was some fear from the Dissenters, but yet for a time, they were to Preach against Popery, but not to talk of the Plot; this humour conti­nued till the Dissolution of the Parliament [Page 156]which met in March 1678. & was dissol­ved in May following, 1679. Then they received advice that there was a Presbyte­terian as well as a Popish plot; this made the Ecclesiastical Drums beat loudly a­gainst Dissenters, and that work was closely followed, till the breaking the Parliament at Oxford, in the beginning of the year 1681. When the Conspira­tors influenced too many of the Pulpits, to thunder against the credit of the Popish plot, and to insinuate a belief of a Pres­byterian Plot; which they were all the while hammering; and by this art, they did at length usher it into the World.

The Nobility and Gentry of England, to make bold with their own words in their Memorial for our now Gracious King and Queen, then Prince and Princess of Orange; had been, as they therein freely confessed, too slow to believe the desperate Popish Plot, and had been delu­ded with the King's Promises to protect and maintain the Protestant Religion, and the Laws and Government of England; until they saw them all undermined: But many discerning this Delusion, more early than others did, the never to be [Page 157]forgotten Duke of Monmouth, Earl of Essex, Lord Russel, and Colonel Sidney; with some other great and valuable Per­sons, who were of that well-grounded Opinion; That a free Nation, like this of England, might defend their Religion and Liberties, when Invaded and taken from them, under pretence and colour of Law; began to bethink themselves how to re­store Parliaments to their antient free­dom, and to deliver the Nation from the fury of that Torrent of Popery, which they wisely fore-saw ready to break in and carry all before it.

At this juncture the Conspirators laid hold of the Information given by Keeling, of unadvised and rash Discourses of a ve­ry small number of Men, (nine or ten at the most, all Strangers to the Persons and honest Consultations of those great Men before named) and they cunningly and maliciously, [...]atch'd and work'd it into one piece, and emitted it to the World by their Declaration, read in all Churches, under the name of a Presbyte­rian or Fanatick Plot, which they had long wanted.

Hereupon a Proclamation pursues the Duke of Monmouth, and some others[Page 158](designed for destruction) who chose to stand aside, out of the reach of the Blood-thirsty Conspirators; But the Earl of Essex, my Lord Russell, and Colonel Sidney, would not be overcome by the perswasions of those who invited them to safe retirements; and so were clap'd into the Tower, and afterwards, in dif­ferent wayes butchered.

It was resolved that my Lord Russell (the Honour of his Age) should be cut off in a seeming way of Justice; and as he was a Person of inestimable value, so the art used to destroy him was extraordi­nary; in the first place, The Conspira­tors, to introduce a belief of his Lord­ship's guilt, procure two Persons char­ged with Keeling's Plot, to be convicted just before my Lord is brought to Tryal; reserving other two of them, of whose Conviction they more doubted, to be tryed after his Lordship.

Then a well prepared Pannel of Jurors (many of them train'd and disciplin'd under L'Estrange, and some Inferiour Clergy-Men his Prostitutes) was returned by Sr John Moore's Sheriffs.

Matters being thus prepared, He is brought upon his Tryal at the Old-Bayly [Page 159]upon Friday the 13th of July 1683; At the instant of entring upon it, the Con­spirators cut the Ea [...]l Essex's Throat in the Tower; and to facilitate the dispatch of the Lord then at the Bar, they im­mediately intimate by an express to the Old-Bayly, that the Earl of Essex had murdered himself; from hence a wicked (and unquestionably a premeditated) Inference is raised, of the good Lord Rassell's guilt, and by this diabolical con­trivance, the Blood of the Earl of Essex is made a main Evidence towards the Prisoner's Conviction, that being accom­plished; upon the day ensuing, the Ver­dict of his guilt, is made an Argument to seduce and delude the Coroner's In­quest, into a belief that the Earl of Essex had destroyed himself.

The Jury being called, his Lordship was over-ruled in his Challenges, of those of them, who were not Freeholders; though the learned in the Laws, did and do say, that he was entituled to those Challenges not of Grace but Right; and the same was allowed to others by my Lord's Prosecutors, at such Seasons, when it would not disserve their turn; thus the Estate, Honour and Life of this Noble [Page 160] Lord, are put into the Hands and Power of Tradesmen and Shop-keepers.

He being charged with an Indictment for high Treason, the right of my Lord's Challenging for want of Freehold, was ar­gued and insisted upon by his Council,

• Mr Pollexfen,
• Mr Holt, and
• Mr Ward.

But was opposed by

• The Attorney General,
• The Solicitor General,
• Sr George Jeffryes, and
• Mr North.

And was over-ruled by the Judges up­on the Bench who were,

• The Lord Chief Justice Pemberton,
• The Lord Chief Baron,
• Justice Jones,
• Justice Wyndham,
• Justice Charleton,
• Justice Levins,
• Baron Streete, and
• Justice Wythens.

Then the following Jury were sworn,

• Jahn Martin,
• William Rouse,
• Gervas Seaton,
• William Fashion,
• Thomas Short,
• George Tory Ano.
• William Butler,
• James Pickering,
• Thomas Ieve,
• Hugh Noden,
• Robert Brough, and
• Thomas Oneby.

[Page 161]Then Mr North the King's Counsel, opened the Indictment to this effect, That the Prisoner stood charged with no less than conspiring the Death of the King, and that in order to it, he with other Tray­tors, the second of November, 1682, con­spired to raise War against him, and to Massacre his Subjects, and to seize his Guards and Person.

The Attorney General, (being so hot upon this bloody pursuit, that he had before positively refused to defer the Tryal till the After­nooon 'Tis probable that he might imagine that by the Afternoon the suspition of the Earl of Essex's Assassination might reach the Ears of the Jury, as it did in a few hours many about the Town, and then Mr Attorney had lost that which he made a migh­ty part of his Evidence. and impo­sed upon the Court to go instantly up­on it) did now ap­ply himself totis vi­ribus, to impress the Jury, telling them that the Prisoner was one of the Council of State (as he in a scornful way expressed himself) to give forth directions for the general Rising, that (as had appeared) was to be in the Kingdom; That the Rising was of great concern and expence, and must be managed by Persons of Interest, Pru­dence[Page 162]and Secrecy—That they con­sulted in October and November how to seize the Guards, and at several meet­ings, they received Messages from my Lord of Shaftesbury, touching the Ri­sing. That this was the great Consult, and moved all the Wheels. That there were Ʋnderlings who were to manage the Assassination—who were an inferiour Council of seven. That there was a great Council of six, who were the Pri­soner, the Earl of Essex (whom he pre­tended he was sorry to name, he having that Morning prevented the hand of Justice upon himself) Note, this was spo­ken within an hour or two after the Earl's death, before any Inqui­sition taken, or it could possibly be known how he came by his death, but, right or wrong, this Jury must now pass up­on him, and find him Felo de se, to facilitate and ju­stifie the Murder they are now to commit. and four others—That they debated how they should make the Rising, & Resolved, that be­fore they fell upon it, they would have an exact ac­count of the time & Method of the Scotch Rising; and there­upon Colonel Sidney sent Aaron Smyth on purpose to invite Scotch Commissioners to treat with these Noble Lords; that pur­suant[Page 163]to this, just before the Plot broke out, several came from Scotland, to treat how to manage the Work; They de­manded at first 30000 l. then fell to 10000 l. and at last to 5000 l. but they not coming to their terms, it broke off the Week the Plot was discovered. He concluded, that they should shew, that all the Inferiour party, still look'd upon these to be the Heads.

I shall not here trouble the Reader, with the particulars of the Evidence gi­ven against this Noble Lord, by the Lord Howard, Colonel Romsey, and Mr Shepheard; nor offer at any Remarks thereupon, much less to touch upon the many Hardships and great Injustice put upon his Lordship in this Prosecution, in point of Law; all that having been ad­mirably well done, by the Learned Pens of the right Honourable the Lord Chief Baron Atkyns, and of Mr Hawles of Lincolns Inn, My purpose, not only in extracting these Notes in my Lord Russell's Case; but also in this whole Tract; being only to present the World with some matters of History, which they did not put down, or remark upon; and (which indeed invited me to this[Page 164]work) to gather together, for publick use, Abstracts and Remarks upon some memorable Tryals in the late unhappy Reigns; upon which they never touch­ed.

I shall therefore now proceed, to repre­sent something further of the carriage and exasperating Speeches of the King's Council, &c. against his Lordship.

The Solicitor General sum'd up the E­vidence in this manner, That the Prisoner stood Indicted for High Treason in conspiring the Death of the King, That the Overt Act, laid to prove that Conspiracy by, is the assembling in Council, to raise Arms against the King, and to raise a Rebel­lion, and that they had proved that, by three Witnesses; He then proceeded to state the substance of the Evidence, which having done as he thought fit; he added, That my Lord Russell had made several Objections, and then he pretended to answer them, and in doing it, said, That their Consultation was to seize the King's Person, and bring him into their power, and, that to design to bring the King into their power, only till he had consen­ted to such things as should be moved in Par­liament, was equally Treason, as if they had [Page 165] agreed directly to Assassinate him—That therefore, the Jury were to consider no­thing, but to see that the fact be fully proved, and he saw nothing said by my Lord that doth invalidate the Evidence.

He went on thus, That the last Ob­jection (to which a great many Persons of Honour and Quality had been called) was, That my Lord Russell being a man of Honour, Vertue and so little blamable in his whole Conversation; 'twas not likely he should be guilty of any thing of this kind, This he confessed to have weight in it, but then he bad the Jury consider that he was but a man, and that Men fall by seve­ral Temptations, some out of Revenge, some by Malice fall into such Offences as these; my Lord is not of this Temper, but Gentlemen, there is another great and dangerous Temptation that attends people in his Circumstances; whether it be Pride, or Ambition, or the cruel snare of Popularity, being cryed up as a Patron of Liberty; This is the only way to tempt Persons of V [...]rtue, and the Devil knew it, when he tempted the Pattern of Ver­tue—Tho' he be a Person of Vertue, I am afraid these Temptations have prevail­ed upon my Lord, for I cannot give my [Page 166]self any colour of Objection to dis-be­lieve all these Witnesses; I see no Con­tradiction, no Correspondence, no Contri­vance at all between them, you have plain Oathes before you, and I hope you will consider the weight of them, and the great Consequence that did attend this Case, But under his favour, these celebrated VVit­nesses were at Bargain, and bought their own lives at the price of this Noble Lord's Blood. the overthrow of the best Govern­ment in the World, and the best and most un­spotted Religion, which must needs have suffered. The greatest liberty and the greatest security for Property that ever was in any Nation, bounded every way by the Rules of Law and those kept sacred, I hope you will consider ☞ the weight of this Evi­dence, and consider the Consequences such a Conspiracy might have had.

Then Jefferies, to Insinuate this Noble Lord's Guilt, argued thus, Had not my Lord of Essex been conscious of his being guilty of desperate things, he would scarcely have brought himself to that untimely End, to avoid the methods of publick Justice.—I am sorry to find that there have been so many of the Nobility of this Land, that have lived so happily under the [Page 167]benigne influence of a Gracious Prince, should make so ill returns.

Gentlemen! whereas that Noble Lord says, he hath a vertuous good Lady, he hath many Children, he hath Vertue and Honour, he puts in the Scale. I must tell you on the other side, you have Con­science, Religion, you have a Prince, and a most merciful one too; Consider the Life of your Prince, the Life of his Posterity, the Consequences that would have attended, if this Villany had taken effect, What would have become of your Lives and Religion? What would have become of that Religion we have been so fond of preserving—You have your Ʋnder­standings, your Wives and Children, let not the Greatness of any man Cor­rupt you.

Then, the Lord Chief Justice direct­ing the Jury, told them (after he had repeated the evidence) that the Que­stion before them was, whether they did believe my Lord Russell had any design upon the King's Life, to destroy the King, to take away his Life, and that that was the material part there—you have not e­vidence in this Case, as there was in the other matter, that was tryed in the[Page 178]morning, or yesterday, against the Con­spirators to kill the King at the Rye—This is an Act of contriving Rebellion and an Insurrection, and to seize the Guards; which is urged as an evidence, and surely is in it self an evidence to seize and destroy the King—If you believe the Prisoner at the Bar, to have conspired the death of the King, and in order to that, to have had these Consults, then you must find him guilty of this Treason laid to his Charge.

The Court then adjourned, and at their sitting again in the Afternoon, the Jury brought in their Verdict, that my Lord Russell, was Guilty.

I shall here, to refresh the Readers memory, subjoyn some brief Heads of the dying Speech of this great and invaluable Person, a Martyr for the true Religion and the Liberties of his Country.

He thanked God, that he found himself so composed and prepared for Death, and his thoughts so fixed on another World, that he hoped in God, he was quite weaned from setting his heart on this.

[Page 179]He blessed God for the many Blessings of his Life, That he was born of worthy good Parents, and had the advantages of a Religious Education, which he had look'd upon as an invaluable Blessing, for when he minded it least, it still hung about him, and gave him checks; and that he now, in his extremity, found such happy effects of it, that the fear of Death had not been able to discompose him.

That he had lived and now dyed of the Re­formed Religion, a true & sincere Protestant, and in the Communion of the Church of England, tho' he could never rise up to all the heights of some People. He wished the removal of all our unhappy diffe­rences, and that all sincere Protestants would consider the danger of Popery, and lay aside their Heats, and agree against the Common Enemy; That the Church-men would be less severe, and the Dissenters less scrupulous.

He declared, that he look'd upon Popery as an Idolatrous and bloody Religion; and therefore thought himself bound in his station to do all he could against it; and soresaw that he should procure such great and powerful Enemies to himself,[Page 180] that he had been for some time expecting the worst; and blessed God that he fell by the Ax, and not by the fiery Tryal.

That, yet he never had a thought of doing any thing against Popery, basely or inhumanly; but what could well consist with the Christian Religion, and the Laws and Liberties of the Kingdom.

That he had always loved his Country more than his Life, and never had any design of changing the Government, and would have ventured his Life to preserve it; and would have suffered any extremity, rather than have consented to any design to take away the King's Life; and that no Man ever had the Impudence to propose so base and barbarous a thing to him.

That he sincerely prayed for the King; that he might be happy both here and here­after.

He took God to witness, that in the prosecution of the Popish Plot, he pro­ceeded in the sincerity of his Heart—that he did still believe that Popery was breaking in upon the Nation; and that those who advance it, will stop at no­thing; and declared his sorrow that so many Protestants gave their, helping hand to it; But he declared his hope, that God would [Page 181]preserve the Protestant Religion and the Nation; though he feared it would fall un­der very great Tryals, and sharp Sufferings. That the bare-fac'd Prophaneness and Im­piety in the Nation, gave Reason to fear the worst things that could befal a People. He prayed God to prevent it, and give those, who shewed concern for the pub­lick good; and appear'd hearty for the Protestant Religion; Grace to live so that they might not cast a reproach on that which they endeavoured to advance; which he de­clared had often given him many sad thoughts.

As to his condition, he said, he had no repining in his Heart at it; and did freely forgive all the World, particu­larly those concerned in taking away his Life; and conjured his Friends to think of no Revenge, but to submit to the holy will of God.

He declared, as to his appearing in the business of the Bill of Exclusion, that he thought the Nation in such danger of Popery, and that the expectation of a Popish Successor put the King's Life in such danger, that he saw no way so effectual to secure both, as that Bill; and that he thought, his earnestness in that matter had [Page 182] no small influence in his present Sufferings.

As to his conspiring to seize the Guards, the Crime for which he was condemn­ed, and which was made a constructive Treason to take away the King's Life, to bring it within the Statute of Edward 3. His Lordship gave this account. That he never was at Shepherd's but once, and that there was no undertaking then, of securing or seizing the Guards, nor none appointed to view or examine them: Some discourse there was about the fea­sableness of it, and he heard it several times by accident in general discourse elsewhere, but never consented to it as fit to be done,—That the Duke of Mon­mouth exclaimed against it, and his Lord­ship said that he ever observed in him an ab­horrence of all base things.

He thanked God, that his part was sin­cere and well meant; he observed, that it was inferred that he was acquainted with the Heats and ill Designs of some great Men, and did not discover them, but that that was but misprision of Trea­son, at most; and so he dyed innocent of the Crime he stood condemned for; and hoped, that no body would imagine that so mean a thought could enter into him, [Page 183] as to go about to save his Life, by accusing others; The part that some had acted late­ly of that kind, had not been such, as to invite him to love Life at such a rate.

He declared; that he could not but think the sentence upon him very hard, for no­thing was sworn against him (whether true or false) but discourses about ma­king some stirs.—That by a strange fetch, the story of seizing the Guards, was construed a design of killing the King; and so he was cast in that.

He prayed God, not to lay it to the charge of the King's Counsel, the Judges, Sheriffs or Jury; That, for the Witnesses, he pittied and wished them well, and should not reckon up the particulars wherein they wronged him; but had rather their own Consciences should do that; to which, and the mercies of God, he left them.

His Lordship added, that from the time of chusing Sheriffs, he concluded, that the heat in that matter, would pro­duce something of this kind, and that he was not much surprized to find it fall upon himself, and wished that his Blood might satiate some Peoples Revenge—He wished those Gentlemen of the Law, who have great readiness in[Page 184]speaking, would make more Conscience in the use of it, and not run Men down by strains and fetches; and impose on easie and willing Juryes, to the ruin of innocent Men; for to kill by forms and subtilties of Law, is the worst sort of Murder. He further wished, that the rage of hot Men and the partiality of Juries might be stop'd with his Blood, and said, he should of­fer it up with more joy, if he thought he should be the last to suffer in such a way.

He then concluded thus, ‘The Will of the Lord be done, into whose Hands I commend my Spirit; and trust that thou, O most merciful Father, hast forgiven me all my Transgressions: The Sins of my Youth, and all the Errors of my past Life; and that thou wilt not lay my secret Sins to my Charge, but wilt graciously sup­port me, during that small part of my Life now before me; and assist me in my last Mo­ments, and not leave me then to be disorder­ed by Fear, or any other Temptation; but make the light of thy Countenance to shine upon me; For thou art my Sun and my Shield: And as thou supportest me by thy Grace, so I hope thou wilt hereafter crown me with Glory, and receive me into the[Page 185]Fellowship of Angels and Saints, in that blessed Inheritance purchased for me by my most merciful Redeemer, who is, I trust, at thy Right hand, preparing a place for me; Into whose Hands I commend my Spirit.’

THis honourable Person Colonel Sidney, having been long Imprisoned in the Tower, without any prosecution, brought his Habeas Corpus, for the ob­taining his liberty, upon which; being brought to the King's-Bench, upon the 7th of November; the Atturney General, upon the sudden, clapt an Indictment of [Page 186] Treason upon him, to which he was in­stantly compelled to plead.

Upon the 21st of November he was brought to Tryal, and this Jury, pack'd by Graham and Burton, was sworn upon him, viz.

• John Aunger, Car­penter.
• Richard White,
• William Lyn,
• Laur. Wood,
• Adam Andrews,
• Emery Arguise,
• Josiah Clerk,
• George Glisby,
• Nicolas Baxter, Horse Rider.
• William Reeves,
• William Grove, Cheesmonger, &
• John Burt.

The King's Counsel were,

• Sr Ro. Sawyer, Attorney General.
• Mr Finch, Solicitor General.
• Mr North,
• Mr Dolben, and
• Mr Jones.

The Indictment, opened by Mr Dolben was to this effect; That the Prisoner, with others, conspired the death of the King, and to levy War in the Kingdom, and sent one Aaron Smyth into Scotland, to excite some to come from thence, and to consult upon as­sistance to carry on those designs; And that [Page 187] the Prisoner to per­swade the People, that it was lawful to raise Rebellion; did cause a seditious Libel to be written, contain­ing expressions; That the power is origi­nally in the People, &c. Note, the Indictment did not charge the Pri­soner with publishing the Papers, which was ever till now done, when Libels have been made Criminal, but their proof in this case would not come up to pub­lishing.

Then the Attorney General thunders thus against him; The Prisoner is in­dicted of the highest Crimes, the conspi­ring the King's Death, and the over­throw of the Monarchy—There is no English-man but does believe, that for se­veral years a Design was laid; and to that end secret Instructions were made use of, and Libels spread, to perswade the People, that the King was introducing Arbitrary Power. (Ay, so he was, and so were his Judges, and Council at Law). that he subverted their Rights and Liber­ties, &c. (a sad truth) They endea­voured to make the World believe the King was a Papist: (So they did, and his Dear and Royal Brother, cleared up that Point soon after his Death)—And then [Page 188]there was a Design of an open Rising—This Gentleman's Head and Heart was entire in this Service; he was at this very time preparing a most Sediti­ous and Trayterous Libel To perswade the People, that it is Lawful, nay, that they have a Right, to set aside their Prince, in case it appears that he hath broken the Trust laid upon him by the People; He uses great Reason in the Case, That the Power of the Prince is Originally in the Peo­ple; and that the King's Power was derived from the People upon Trust, (most horrid Heresie) and they might assume the Original Power they had conferred, &c.

After this Harangue, to pre-possess the Jury; Mr West, Col. Romsey, and Keel­ing were called, and told long Stories of Consultations, Plots and Resolutions; without offering one Word of Evidence against Colonel Sidney.

Then the Lord Howard told his long History of the Plot; that being ended; They gave in Evidence some scraps of a Manuscript found in the Colonel's Study, and read three or four Paragraphs to the (judicious) Jury, whereof I shall here give the Reader a touch; When Pride had changed Nebuchadnezar into a Beast, what [Page 189] should perswade the Assyrians not to drive him out amongst Beasts; until God had re­stored unto him the Heart of a Man? When Tarquin had turned the Legal Mon­archy of Rome, into a most abominable Tyranny, Why should they not abolish it? And when the Protestants of the Low-Countries were so grievously oppressed by the Power of Spain, under the Proud, Cruel and Savage Conduct of the Duke of Alva; Why should they not make use of all the means that God hath put into their Hands, for their Deliverance? Let any Man who sees the present State of the Pro­vinces that then united themselves, judge; whether it is better for them to be, as they are, or in the condition into which his Fury would have reduced them, unless they had, to please him, renounced God, and their Religion: Our Author may say, They ought to have suffered; The King of Spain, by their Resistance, lost those Coun­tries; and that they ought not to have been Judges in their own Case. To which I An­swer, That by resisting, they laid the Foun­dation of many Churches, that have produ­ced multitudes of Men, Eminent in Gifts and Graces; and Established a most glori­ous and happy Common-Wealth, that hath [Page 190] been since its first beginning, the strongest Pillar of the Protestant Cause, now in the World, and a place of Refuge unto those, who in all Parts of Europe have been oppres­sed for the Name of Christ: Whereas otherwise, they had Slavishly, and I think I may say, Wickedly, as well as Foolishly; suffered themselves to be Butchered; they had left those Provinces under the Power of Anti-Christ, where the Name of God is no otherwise known, than to be Blasphem­ed.

If the King of Spain had desired to keep his Subjects, He should have Governed them with more Justice and Mercy; When con­trary to all Laws, both Humane and Divine, He seeks to destroy those, He ought to have preserved, He can blame none but himself, if they deliver them­selves from his Tyranny; And when the matter is brought to that, That he must not Reign, or they over whom he would Reign, must perish, the matter is easily decided; As if the Question had been asked in the time of Nero or Domitian, whether they should be left at Liberty to destroy the best part of the World, as they endeavoured to do; or it should be rescued, by their De­struction; And as for the Peoples being [Page 191] Judges in their own Case, it is plain, they ought to be the only Judges; because it is their own, and only concerns themselves.—The general Revolt of a Nati­on, from its own Magistrates, can ne­ver be called Rebellion.

The Papers being read, Mr Solicitor (doubting surely the Capacity of the intelligent Jury to judge of these Notions upon the first hearing) said, that no time was mis-spent to make things clear, and that the Jury might have the Words read again, if they had a mind to it; and he repeated that offer to them, but the Gentlemen better understanding the work of the day, then the Treatise; did not desire a repetition of the Words.

The Prisoner here said, They have pro­ved a Paper found in my Study of Domitian and Nero; that is compassing the death of the King, is it?—Whatever my Lord Howard is (of whom I have enough to say by and by) he is but one Witness; and there ought to be two Witnesses to the same thing—Let my Lord Howard re­concile what he has said now, with what he said at my Lord Russell's Tryal if he pleases, there he swore, he said all he could, and now he has got I know [Page 192]not how many things, that never were spoken of there.—He hath accused himself of divers Treasons, and is under the terror of punishment for them; and would get his own Indempnity by de­stroying others—He owes me a great sum of Money, and when I should take the ad­vantage, of the forfeit of his Mortgage, he finds a way to have me laid up in the Tower; this is a point of great cunning, at once to get his Pardon and save his Money. He was desirous to go further, and would have got my Servants to put my Plate and Goods into his hands.—He made affirmations in the presence of God, that I was innocent in his opinion, and he was confident of it; I know in my Lord Russell's Case, Dr Burnet testi­fied something like this; and when my Lord Howard came to answer it; he said he was to face it out: Now he did face it out bravely against God, but was very timerous of Man—I am to give an account of these Papers, which they would piece and patch to my Lord Howard's discourse, and by a strange kind of construction and imagination, make to have relation to this PLOT, as they call it (I know of none.) [Page 193]They offer no proof but similitude of Hands: Some years ago, the Lady Car was indicted of Perjury; and as evidence, some Letters of hers were produced, that were contrary to what she swore in Chancery; and it was proved to be like her hand; but Chief Justice Keeling di­rected the Jury, that this was the smal­lest and least of proofs, in Civil Causes; but in Criminal it was none at all; So that my Lord Howard's Testimony is single—As to the Consult he talks of, What could six Men do? Can my Lord Howard raise five Men by his cre­dit? By his Purse? For my part I knew not where to raise five Men. That such Men as We are, that have no Followers, should undertake so vast a design, is very unlikely; And this great design thus carried on, had neither Officers nor Soul­diers, no Place, no Time, no Money for it. This is a pritty Cabal, and a very deep maintaining of the Plot.

Then the Prisoner called the Earl of Anglesey, the Earl of Clare, Capt Philip Howard, Dr Burnet, Mr Joseph Ducas, Lord Paget, and Mr Edward Howard; who all testified that the Lord Howard had frequently with great asseverations,[Page 194]and calling God to Witness, affirmed that he knew of no Plot, and that he was confi­dent of Colonel Sidney's Innocence.

Mr Blake proved, that my Lord How­ard told him, that he could not get his Par­don, till he had past the drudgery of Swear­ing.

Mr Ducas, Grace Tracy and Elizabeth Penwick, proved, that the Lord Howard came to the Colonel's House, and being told that he was taken away to the Tower for the Plot, He took God to witness, he knew nothing of it, and be­lieved the Colonel did not; and he then desired that the Colonel's Plate and Goods might be sent to his House to be secured.

Then Mr Wharton offered to imitate those Sheets of paper, so that they should not know which was which; but the Court did not regard it.

Now Mr Solicitor, in his wonted luxuriant way of talking Men to Death, falls upon the Prisoner, and jumbles things thus together, (in his Address to the Jury) Gentlemen! We go about to prove the compassing and imagining the Death of the King, by the Prisoner's consulting how to raise Armes; and by plain matter in writing under his hand;[Page 195] where he does affirm, it is lawful to take a­way and destroy the King [A strange Suggestion, no way warranted by the reading the Papers] and he then pro­ceeds in the same way to insinuate many things against the Prisoner, which no way affected nor reached him, by the Evidence given. He then comes to the Papers, and sayes, Compassing and imagi­ning the Death of the King, is the Act of the mind, and when once there is an Overt Act, that is, a thing that manifests such intention; Then the Law takes hold of it: Now after this Evidence. [which the Reader will remember was only the Lord Howard's Swearing] I think no Man will doubt, whether it was in the heart of the Prisoner to destroy the King; here is an avowed principle of Rebellion, Esta­blisht, upon the strongest reason he has to back it—Gentlemen! [speaking to the Carpenter and his Fellows, most compe­tent Judges of such a Book] This, with the other Evidence that has been given, will be sufficient to prove his compassing the Death of the King—This Book is another, and more than two Witnesses against him; you have heard one Witness prove it positively to you, that he consulted to[Page 196]rise in Arms against the King, and here is his own Book says, it is lawful to rise in Arms, if the King break his Trust, and in effect he has said the King has broken his Trust, therefore, this will be a sufficient demonstration, what the imagina­tion of the Heart of this Man was; that it was nothing but the Destruction of the King and of the Government—Some Men, may by passion, be transported into such an offence; in them, it is less dangerous, but it is this Gentleman's principle; Gentlemen! This is the more dangerons Conspiracy in this Man, by how much the more it is rooted in him; and how deep it is you hear, when a Man shall write as his principle, that it is lawful to depose Kings, they breaking their Trust; and that the Revolt of the whole Nation cannot be called Rebellion. It will be a very sad But late Experience re­futes his Opinion, and we now see 'tis a very hap­py Case. Case, when People act this, according to their Consciences; and do all this for the good of the Peo­ple, as they would have it thought; but this is the Principle of this Man, We think We have plainly made it out, that is [Page 197] was the Imagination of his heart to Destroy the King.

Hereupon Colonel Sidney said, My Lord, We have had a long story, I de­sire Mr Solicitor would not think it his Du­ty to take away Mens Lives any how—My Lord Coke and Lord Hales, were both of Opinion, That the Overt Act of one Treason, is not an Overt Act of ano­ther; Hales saith, Compassing by bare words is not an Overt Act; Conspiring to levy VVar is no Overt Act.

Then the Chief Justice concluded, with a long Repetition, of what he pre­tended had been given in Evidence? and said, that though some Judges had been of opinion; that Words of them­selves, were not an Overt Act; yet my Lord Hales nor my Lord Coke, nor any other of the Sages of the Law, ever questioned, but that a Letter would be an Overt Act, sufficient to prove a Man guilty of Treason; for Scribere est Agere.—Gentlemen! I must tell you, that in Case there be but one Witness to prove a direct Treason, and another to prove a circumstance, that contributes to that Treason; That will make two Witnesses to prove the Treason—Here [Page 198]is a most trayterous Lybel, if you believe that Colonel Sidney writ it; No Man can doubt but it is a sufficient Evidence, that he is guilty of Compassing and Ima­gining the Death of the King—I must mind you that this Book contains all the Malice, and Revenge, and Treason, that Mankind can be guilty of.—This is made use of by him to stir up the People to Rebellion [yet by the way it was not so much as pretended that Colonel Sid­ney had published the Book, or shown it to any Mortal]—So 'tis not upon two, but upon greater Evidence then two and twenty; if you believe this Book was writ by him. Next I must tell you, upon, I think, a less Evidence, the Lord Russel was Convicted and Execu­ted, [An excellent Argument, that having then tasted Noble Blood, they must go on to drink their fill of it; 'tis to be lamented, that such Miscreants have not been dismissed the World, as the famous Scythian Queen To­myris, did the Persian Tyrant with a Satiate vos Sanguine, quem sitistis, Prodi­tores Patriae et dedecus humani generis.]

This Doctrine thus powerfully insinu­ated to the well disposed Jury, (a pack of meer Tools, to eccho back the pleasure of the [Page 199] Judge) procured a Guilty to be without difficulty brought in, upon this Great and Noble Person.

It being hereupon demanded of him, what he had to say why Judgment of Death should not be given against him, He said, that he had had no Tryal, he was to be Tryed by his Country, and he did not find his Country in the Jury that tryed him; There were some of them that were not Freeholders; and there is nei­ther Law nor President of any Man Tryed by a Jury, in a County; that were not Freeholders; So he had had no Tryal at all, and if so, there could be no Judg­ment.

To this Jefferies replyed, that he had had the Opinion of the Court in that mat­ter, and that they were unanimous in it. (And so they were in all murdering work at that day.)

Colonel Sidney then said, that there was nothing of Treason in the Words, said to be written in the Papers if the nature of the thing were examined; To which the Chief Justice retorted, There is not a line in the Book scarce, but what is Treason.

The Sentence being passed, the Pri­soner expressed himself in these Words;[Page 200] Why then, O Lord, Sanctifie I beseech thee these my Sufferings unto me, Sanctifie me through my Sufferings, Sanctifie me through thy Truth, Thy Word is Truth; Impute not my Blood unto this Nation, Impute it not un­to the grand City, through which I shall be led unto the place of Death; Let not my Soul cry, tho' it lies under the Altar; make not Inquisition for my Blood, or if innocent Blood must be expiated; let thy Vengeance fall only, upon the heads of those, who knowingly and maliciously Persecute me for Righteousness sake.

Upon the 7th of December, 1683. He was Beheaded upon Tower-Hill, when he delivered to the Sheriffs, Daniel & Dashwood, a paper, the substance where­of is here presented to the Reader.

THat there having been a Horrid Plot lately discovered, the De­fendant, to scandalize the Evidence, wrote a Letter to this effect, viz. That the return of the Duke of Monmouth and his being received into Favour with the King, had made a great alteration at Court, and that those who before spoke indecently of him, did now court and creep to him; Yesterday, being the last of the Term, all the Prisoners in the[Page 208] Tower, upon the late Sham Protestant Plot, were Bailed. The Information against Mr Bavddon (who Prosecuted the Murder of the Earl of Essex) for a Su­bornation, was not prosecuted, and his Bail was discharged, and the passing Sentence upon the Author of Julian the Apostate, and the Printer of the late Lord Russel's Speech, was passed over with silence; Great Applications are made to the King, for the pardoning Mr Sid­ney—The Lord Howard appears despicable, in the eyes of all men—The Papists and high Tories are quite down in the Mouth, Their Pride is aba­ted, and themselves and their Plot confound­ed, but their Malice is not Asswaged. Its generally said, the Earl of Essex was Murdered. The brave Lord Russel is a­fresh Lamented, The Plot is lost here, except you in the Country can find it out amongst the Addressers and Abhorrers. And that he wrote in another Letter to this effect. The King is never pleased but when the Duke of Monmouth is with him—His Pardon was Sealed and delivered to him last Wednesday; 'tis said he will be restored to be Master of the Horse, &c.—He treats all his[Page 209]old Friends with great Civility, they are all satisfied with his Integrity, and if God spare his Life, doubt not but he will be an Instrument of much good, to the King and Kingdom; he said publick­ly, that he knew my Lord Russel was as Loyal a Subject as any in England; and that his Majesty believ'd the same now; it would make you laugh, to see how strangely our high Torys and Clergy are mortified, their Countenances speak it—Sr George is grown very humble: Its said Mr Sidney is reprieved for forty days, which bodes well.

And that in a third Letter he wrote thus, The late change here in publick Affairs, is so great and strange that we are like men in a Dream, and fear we are not fit for so great a Mercy as the present Juncture seems to promise; the Sham Protestant Plot is quite lost and con­founded.

And that in a fourth Letter, there are these expressions—Contrary to all mens expectations, a Warrant is signed for beheading Colonel Sidney at Tower-Hill next Fryday; great endeavours have been used to obtain this Pardon, but the contrary party have carried it; which [Page 210]much dasheth our Hopes; but God still governs.

The King's Counsel, to prosecute this matter were,

• The Recorder of London.
• Mr Herbert (quickly after made Lord Chief Justice.)
• Mr Jones.

Counsel for Sr S. Barnardiston, were,

• Mr Williams,
• Mr Thompson, and
• Mr Blackerby.

The Jury, pick'd out to try this Cause, were,

• Thomas Vernon (Knighted soon after the Service done in this Cause, and then made Fore-man of a Jury to convict Dr Otes of Perjury.)
• Percival Gilburne (one of the Jury upon the Guildhall Riot.)
• Edward Bovery,
• William Withers senior; (A well qualified Jury-Man for this Cause.)
• James VVood,
• Robert Masters, (A principal Witness a­gainst Colledge.)
• Samuel Newton, (Another of the Riot Jury.)
• George Toriano. (One of the Lord Russell's Jury.)
• [Page 211]Kenelm Smyth,
• Thomas Goddard,
• Thomas Amy, and
• Richard Blackburne.

The Rocorder of London and Mr Her­bert, having aggravated the charge in the Information. Mr Blaithwait, Atter­bury the Messenger and Nehemiah Osland, Sr Samuel's Servant, gave evidence of the writing those Letters, and sending them by the Post, for Sr Philip Skippon, Mr Gael and Mr Cavel in Suffolk.

Then Mr Williams, Counsel for Sr Samuel, applied to the Jury, to this effect; That the question was, Whether Sr Samuel were knowingly guilty of the Writing and publishing the four Letters. That, as to his publishing them, he saw no evidence, and he put it to the Court; whether the sending them to the Post-House, could amount to the publishing a Libel: and he added, to the Jury, that he supposed they would not take it upon their Oaths, that he was guilty of what he was there accused of, many things being laid in the Infor­mation, to inhanse the Crime, of which there was no proof.

The Clamorous Chief Justice, pro­ceeding [Page 212]to dierct the Jury, expressed himself to this effect, That the Informa­tion took notice of a horrid Conspiracy lately hatcht, for the destruction of the King and subversion of the Government; and that the Lord Russell and Algernon Sidney, who were ingaged in that dam­nable Conspiracy, were convicted and ex­ecuted.

That the Defendant, being dissaffected and a man of ill Principles; to disturb the Government, did cause the four Letters to be writ and published.

That the Letters were Factious, Se­ditious and Malitious; and as base as the worst of mankind could have in­vented—That it was a work of time and thought, fixt in his very Nature; and shewed so much Venom, as would make one think the whole mass of his Blood were corrupted.

Here is malice against the King, malice against the Government, malice against both Church and State, malice against any man that bears any share in the Go­vernment, indeed malice against all man­kind, that are not of the same perswa­sion with those bloody Miscreants—Here is the sanctifying of Traytors justly [Page 213] executed—Here is the Sainting of two horrid Conspirators, the Lord Russell that blessed Martyr; my Lord Russell that good man, that excellent Protestant, he is lamented; and here is Mr Sidney Saint­ed, and what an extraordinary man was he—'tis a shame to think that such bloody Miscreants should be Sainted and lamented.

'Tis high time for all mankind that have any Christianity, or sense of Hea­ven or Hell to bestir themselves, to rid the Nation of such Caterpillars, such mon­sters of Villany, as these are.

These Letters tell you, God would be sure to raise up Instruments; but what In­struments do they mean? Instruments of Rebellion and Faction and Sedition; which they most falsly call his own Work.

The question is, whether the Defen­dant be guilty of writing these Venomous, Malicious, Seditious, Factious, Tumultuous Letters, of which you have as full and plain proof as can be made; And as to his publishing them, can you think that he would write all this Malitious Stuff, to put them in his Pocket; but you have it sworn, that the Defendant said they were sent to the Post-House.

[Page 214]Then, the Jury immediately gave in their Verdict, that the Defendant was Guilty of the Offence and Misdemea­nor, charged in the Indictment; as no doubt they resolved to do, before they heard one word of the matter.

The Judgment upon this Verdict, was, that the Defendant should pay 10000 l Fine, and be Imprisoned till paid, and to find Sureties for the good Behaviour for Life.

Accordingly, he was committed for the Fine, to the King's Bench, and con­tinued a Prisoner four or five years, which satisfied not, but Graham and Burton, those Instruments of Rapine and Oppression, broke in upon his Estate, and besides the Waste and Destruction made; they levyed to their own Use and the King's about 6000 l.

SR Thomas Armstrong, having been Out-lawed, upon an Indictment of high Treason, and betrayed, and brought from Holland; was Committed to New-gate upon the 10th of June, 1684. by the Warrant of Sidney Goldolphin Esq principal Secretary of State; And upon the 14th of June, being brought to the King's Bench Bar; Sr Robert Sawyer At­torney General, moved the Court for an award of Execution, upon the Outlawry; Whereupon he was Arraigned on the Outlawry (viz.) that he had been Indicted of high Treason for conspiring against the King's Life, and the Government; That for not appearing to plead and try that Indictment, he stood Outlawed, and there­by Attainted of the Treason; And it was demanded of him, what he had to say, [Page 216]why Execution should not be awarded against him.

Sr Thomas urged, that he was beyond Sea at the time of the Outlawry, and desired that he might be Tryed; To which the Chief Justice answered, We have nothing to do, but to award Execution.

Sr Thomas desired that the Statute 6. Edward 6. might be read, which gives the Person Outlawed for Treason, a year to re­verse it, if he were beyond Sea; and de­sired that Counsel might be assigned him.

The Chief Justice ordered the Statute to be read, to which the Attorney Gene­ral assented, but said Sr Thomas would not find it to his purpose; it was read to this effect, That all process of Outlaw­ry for Treason against Offenders, being beyond the Seas, shall be effectual in the Law, but it provides that if the Party shall within a year, yield himself to the Chief Justice, and offer to traverse the Indictment, he shall be received to traverse, and being found not Guilty, he shall be acquitted of the Outlaw­ry, and of all Penalties and Forfeitures by reason thereof.

Then, the Attorney General said, Sr Thomas, now I suppose will shew he[Page 217]yielded himself to your Lordship; and added, that before he went out of Eng­land he might have rendred himself, and been Tryed if he had pleased.

Sr Thomas Armstrong answered, I have been a Prisoner; the year is not yet out, I now render my self, and do conceive I am within the Benefit of the Statute, and do desire it.

The Chief Justice replyed, we are of another opinion, we cannot take notice of it, there is no doubt nor difficulty at all in the thing, and applying to Richardson, said, Captain Richardson, you shall have a rule for Execution on Friday next.

Then, Sr Thomas offered to the Court, that one in that place had the benefit of a Tryal offered him, and that was it that he desired, for he thanked God his Case was quite another then his. That he knew his own Innocence, (And so did They too, otherwise he had not been denyed a Tryal.) and desired to make it appear by a Tryal.

To this the Chief Justice answered, that which you speak of, was the Grace and Mercy of King, who may, if he please extend the same to you; but we are sa­tisfied, that according to Law, we must[Page 218]award Execution upon this Outlawry. Thereupon Mrs Mathews Sr Thomas's Daughter said, My Lord, I hope you will not Murder my Father; for which being Brow-beaten and checkt, she added, God Almighty's Judgments light upon you.

Then, the Attorney General said, that he would acquaint the Court with one thing, in reference to what Sr Thomas had said, That the King did indeed in­dulge Holloway so far, as to offer him a Tryal, and perhaps might have some reason for it; but affirmed, that the Prisoner deserved no sort of Indulgence or Mercy; and then, in effect went on to give Evidence against him, saying, that it appeared that after the disappointment to the meeting at the Rye, by the New-market fire, Sr Thomas was one of those, who en­gaged to destroy the King by the way, upon his hasty coming then to Town; and affirmed, that this did appear upon a full and clear Evidence; and that when he was taken beyond Sea, Letters of Communication with Foreign Ministers and other people, were found about him.

The Chief Justice (knowing a more expeditious way of murdering this[Page] Gentleman) said he would not meddle with evidence; telling the Attorney, that that was not their business (and no doubt they were both conscious that they had not evidence where with to convict him) and said, we have nothing more to do, but to award Ex­ecution.

Sr Thomas still insisted that he was within the Statute, that he was Out-lawed while he was beyond Sea, and that the twelve Moneths not being past, he ought to have the Law, and demanded no more. There­upon, the Bloody-Monster, in a most in­solent and inhumane manner, concluded thus; That you shall have, by the Grace of God; see that execution be done on Friday next, according to Law. You shall have the full benefit of the Law.

It may seem proper in this place, to note to the Reader, the reason why the Grace and Favour (as termed by the Chief Justice and Attorney General) of being admitted to Tryal, was offered to Holloway upon the one and twentieth of April before; and now denyed to Sr Thomas Armstrong; which cannot be better done, then by casting an Eye to the proceedings upon Holloway; where­by it manifestly appears, that that un­happy [Page 220]person, had been wrought upon, by the fear of Death and hope of Par­don, to be very prodigal in his Confes­sions, it being most evident, that what he had declared, was more then a thou­sand Witnesses against himself; and that he had put down a multitude of Hear-says and Reports of others; the truth whereof, never did nor will ap­pear; Hereupon, they who had before wheedled & deluded him, do now caress him; Mr Attorney told him, that at Law he was gone, but if he had any thing to say to defend himself, the King would not exclude him, but extend his Mercy so far, as to admit him to Tryal. Upon which the Chief Justice said, Mr Attorney, it is exceeding well; and told the Prisoner that the King was pleased to signifie his gratious Intention towards him, in that he was contented to wave the Out-lawry, and allow him to try the matter, if he thought he could defend himself. The Prisoner find­ing himself snared, and that this Grace would serve him, as it did all others that fell into their power at that time; did only answer, that he could not un­dertake to defend himself, he having be­fore thrown himself upon the King's mercy, [Page 221] and confessed himself guilty of many things in the Indictment. So he was sentenced, and dyed without Mercy.

At the place of Execution Sr Thomas Armstrong deported himself with Cou­rage, becoming a great man, and with the Seriousness and Piety suitable to a very good Christian.

Sheriff Daniel told him, that he had leave to say what he pleased, and should not be interrupted, unless he upbraided the Government; Sr Thomas thereupon told him, that he should not say any thing by way of Speech; but delivered him a Paper, which he said contained his mind, he then called for Dr Tennison who prayed with him, and then he prayed himself.

In his Paper he thus expressed himself, That he thanked Almighty God, he found himself prepared for Death, his thoughts set upon another World, and weaned from this; yet he could not but give so much of his little time as to answer some Calumnies, and particularly what Mr Attorney accused him of at the Bar;

That he prayed to be allowed a Tryal for his Life, according to the Laws of the Land, and urged the Statute of Edw. 6.[Page 222] which was expresly for it; but it signified nothing, and he was with an extraordinary Roughness condemned and made a precedent; tho' Holloway had it offered him, and he could not but think all the world would conclude his case very different, else why refused to him?

That Mr Attorney charged him for being one of those that was to kill the King, He took God to witness, that he ne­ver had a thought to take away the King's Life, and that no man ever had the Impu­dence to propose so barbarous and base a thing to him; and that he never was in any design to alter the Government.

That if he had been tryed, he could have proved the Lord Howard's base Re­flections upon him, to be notoriously false—He concluded, that he had li­ved and now dyed of the Reformed Re­ligion, a Protestant in the Communion of the Church of England, and he heartily wished he had lived more strictly up to the Re­ligion he believed: That he had found the great comfort of the Love and Mer­cy of God, in and through his blessed Re­deemer, in whom he only trusted, and verily hoped that he was going to par­take of that fulness of Joy which is in [Page 223]his presence, the hopes whereof infinit­ly pleased him. He thanked God he had no repining, but chearfully submitted to the punishment of his Sins; He free­ly forgave all the World, even those concerned in taking away his Life, tho' he could not but think his Sentence very hard, he being denyed the Laws of the Land.

I shall here (for the Readers more full Information in this matter) subjoyn the Sence of our Present House of Commons of this Proceeding against Sr Thomas Armstrong; and the Censure they have most justly passed upon it.

THat Mr Papillon was second to none in his zealous and undaunted op­position, to the wicked attempts of intro­ducing Popery and Arbitrary Government, is very well known; and deserves to be for ever remembred with honour; None out did him in a diligent and faithful discharge of his Trust in several Parlia­ments.

In the Year 1681, there appeared a Race of Men, fond of Vassalage and Slavery to that degree, that they made Addresses of Thanks to the King, for break­ing two Parliaments, in the compass of three Months; meerly upon the score of their steady Resolution, to extirpate the Po­pish Plot and Popery; One of these fawn­ing[Page 229] Addresses, with promise of venturing their Lives and Fortunes, to maintain this Violation of the Constitution of the Go­vernment; having been presented to the King by Sr William Pritchard, Sr George Jefferies and others; Mr Papillon, in ab­horrence of it, promoted and personally prosecuted a Petition to the Lord Mayor, Aldermen, and Common-Council; praying, that the Thanks of the City might be return­ed to Sr Robert Clayton, Sr Thomas Player, Alderman Pilkington and Al­derman Love, their worthy and well deser­ving Representatives in the Oxford Par­liament; and shewing, That as matters then stood, the Papists, being animated in their Bloody designs, by the hopes of a Popish Successor; a Declaration to have frequent Parliaments, could not attribute to the safety of the Kingdom, and the com­posing the minds of Protestants; but that it must be the sitting of a Parliament, so as to search the Plot to the bottom; to Prosecute the Conspirators, and provide suitable Laws, against the impending Evils; and that nothing else could be effectual. Further,

This Gentleman, having in the same year, 1681. greatly added to his guilt,[Page 230]by baffling the Popish designs, upon the Lives, Liberties and Estates of all Prote­stants, in the attempt upon the Earl of Shaftesbury; He exerts himself in the year 1682. in the defence of the great and undoubted Right of the Citizens, to chuse their own Sheriffs; but now, arbitrary Power being, by the aid of ill Men, become rampant and un­controulable, he must be sacrificed to their Revenge.

Mr Papillon having been duly elected one of the Sheriffs of London and Middle­sex; he brought a Writ of Mandamus out of the Court of King's-Bench, to command the Mayor & Aldermen to swear him into the Office; that being disobeyed, he is advised by his Counsel, that he is enti­tled to an Action at Law for the wrong done him; he sends in a respectful way, to the Mayor and Aldermen, re­questing them to give voluntary appear­ances to his Action; that being refused, he proceeds by a legal process to bring them to answer him at Law, whereupon Sr William Pritchard, being arrested by the Coroner of London, to whom the King's Writ was directed, and detained some hours, upon his refusal to give an [Page 231]appearance to Mr Papillon's Action; Sr William brings an Action against him for thus arresting him; and demands 10000 l. damages, wherein he committed a great over-sight, for had he ask'd 100000 l. (the usual damages given in that day) he had not failed of it, with the following Jury, which tryed the Cause.

• Bartholomew Ferryman (an old Infor­mer, one of the Jury of the Guildhall Riot.
• Thomas Blackmore (One of Dr Otes's Jury, and also of the Riot Jury)
• Thomas Symonds.
• William Whatton, (One of the Riot Jury.)
• John Greene,
• Thomas Amy, (One of Sr S. Barnardi­ston's Jury.)
• Joseph Baggs.
• Daniel Chandler.
• John Reynolds.
• John Allen.
• Joseph Caine, and
• Will. Wythers junior, (Fathers own Son.)

Mr Mundy opened the Declaration, to this effect, That the Plantiff being Lord Mayor, and to attend that Office in the diligent Government of the City; The Defendant, envying the happy E­state of the Plantiff, and contriving un­justly to disturb him, in the Execution of his Office; did, to vex him, (not ha­ving any probable Cause of Action against [Page 232] him) maliciously prosecute the King's Writ out of the Court of King's-Bench against him; directed to the Coroner of London, commanding him to take Sr William Prit­chard at Mr Papillon's suite, in an Action of Trespass; and did procure Mr John Brome, The Coroner, to arrest him, and that he was detained in custody six hours; To the disgrace and scandal of the Plantiff and of his Office; Whereas in fact, he had not any just Cause of Action against him, to his damage 10000 l.

Then, the Attorney General told the Jury, that the action was brought to vindi­cate the honour of the Chair, from such Affronts, as these, which in no Age (till our times of faction and confusion) it ever met with: and he said, We shall shew you, that there lay a further Malice in this case, and that there was a design in it against the Government; This design was laid to carry on the great Plot, against the Lives of the King and the Duke; and for subversion of the Government—The end of this business was, to have had a commotion, for the accomplishing their great Conspiracy; but Parturiunt Montes, For after this Tragical Out-cry, their own Witnesses only proved, that Mr [Page 233] Brome the Coroner, went to my Lord Mayor, and told him that he had a Writ against him, at the suite of Mr Papillon, and another at the Suite of Mr Dubois; and prayed him, that he would please to give an appearance, and that upon his refusing to do it, his Lordship went in his own Coach to the Coroner's House.

Mr Serjeant Maynard, then offered to the Jury, That my Lord Mayor, if he mistake in his Office, and doth not that which belongs to him to do, he is as much subject to the process of the Law, as any private Citizen; That, the question they were to try was, Whether Mr Papillon had probable Cause of Action a­gainst the Mayor; That the Case was thus, Ʋpon the contest about the choice of Sheriffs, the Judges of the Election, cer­tifie to the Mayor and Aldermen, that Mr Papillon had most Suffrages; thereupon he conceived himself rightly chosen; and that surely, gave him a probable cause to pro­ceed upon it; and if so, no doubt he might well take the course he did; here is no Arrest without legal Process; nay, their own Witnesses say, there was an of­fer to take an appearance, without an Ar­rest; but, that being refused, the pro­cess [Page 234] of the Law was executed—He had no other course to take, but to bring his Action against the Mayor; This course he took; here is a great deal of stir made that a Coroner of London, should Arrest my Lord Mayor; he might do it lawfully; doth this prove, that this was malitiously done? Have they proved any particular discontent and malice, that was between them? No, the quite con­trary appears; did he Violently Arrest him? That he might do, and no offence in Law; no, but he did it not, but only desired from time to time, that he would give an appearence, that would have put a Conclusion to this dispute—Be­sides, the Sheriffs having made a return of Mr Papillon's Election to the Alder­men; they being of another opinion, gave order that those who thought themselves agrieved, should take their remedy at Law; which has been pursued, in the regular course, the Law prescribes—Here is a great noise of Damage and Disrepute and Disgrace; and the Plaintiff has been pleased to reckon his own Damages at 10000 l.—We say, he has sustained no Damage—The very Court of Alder­men and the Lord Mayor, bidding them [Page 235] take their course at Law; We, sure, shall not be punished for doing it.

Mr Williams then insisted, that the Plaintiff's Action must fall, if they shew­ed, that it was not Malitious, and that Mr Papillon had a probable cause to bring his Action.

Mr Ward then observed to the Jury, that Mr Papillon had been greatly reflect­ed upon; That by way of Crimination against him, there was a most unjust reflection, as if he were privy to an in­tended Insurrection and Conspiracy against the King's Life; and procured the Mayor to be Arrested, to promote an Insur­rection; That this was only insinuated for Reflection sake, and not one word of any such thing proved; He then added, that the Case before them depended up­on this point; Whether Mr Papillon had a reasonable cause or probable ground to bring an Action against Sr William Pritchard; If so, all that was desired, was only an Appearance, but that would not be given.—That the Jury had been told, of the great dangers in the Case, as to the Infringment of the Peace, &c. but had Sr William Pritchard complyed, with the reasonable and oft repeated re­quest,[Page 236]of ordering an Appearence, the Peace of the Kingdom had been in no peril from such a design as this Arrest.

Here, the Chief Justice told Mr Ward, (a Person never esteemed to come short of Sr George Jefferies, in any thing but Insolence and Impudence) That he had made a long Speech, and nothing at all to the purpose; and that he did not un­derstand what he was about; and that made him ramble in his Discourse; and did then, in a raving and most impetuous manner, repeat his expression six or seven times, that Mr Ward did not understand the Business.

Mr Brome the Coroner (being called to give an account of the manner of his Arresting my Lord Mayor) testified; That he had a former Writ in Hillary Term, and went to my Lord Mayor, and desired him that he would appear to it, but he said, he would give no Appearance; That he gave his Lordship a week or ten days to consider of it; and then waited upon him at the Court of Aldermen, and had his answer, that he had considered of it, and would give no appearance.

That, a little before Easter Term, the Attorney brought him another VVrit, and[Page 237]threatned to complain to the Court of him, for neglecting the Execution of two of the King's VVrits; That thereupon he went again to my Lord, and told him that the VVrit was renewed, and he was pressed to make a return; and desired, that his Lordship would please to give an Appearance; and that he told him that he was ready to submit to the King's Writ, but would not give an Appearance; and thereupon the Officers named in the Warrant, Arrested him by his Com­mand.

Then, Mr Crisp the common Serjeant, (aiming at Alderman Cornish) falls to in­terrogating Mr Brome, who were pre­sent at the meeting, when the Arresting the Mayor was agreed upon; he having named two or three, the Common Serje­ant further pressed him to name others; and then, the Chief Justice explained the Common Serjeant's meaning, by demand­ing whether Mr Cornish was there?

Alderman Cornish and Mr Serjeant testified, That Mr Papillon and Mr Du­boi [...], being at the Alderman's House; their At orney came to them, and told them, that he had addressed himself from time to time to my Lord Mayor, to[Page 238]get him to give an Appearance, but he would not; and that thereupon they told him, it was fit the matter should be brought to an Issue; and ordered him to get an Appearance if he could, and to remember that the Lord Mayor was the Chief Magistrate of the City; and that he should carry it with all imaginable respect and regard to him.

Here, the Chief Justice and Attorney General, made long and extravagant excursions, running upon Alderman Cor­nish, with abundance of Questions, whol­ly foreign to the matter in Question; and Jefferies told him, that he had as much cause as any Man to remember the manner of his own being chosen Sheriff, for several reasons that he knew. [A pl [...] Indication of what he designed a­gainst this honest Gentleman.] And then his Lordship added; that he only asked things by the by, to satisfie the World what sort of Men these are, that pre­tend to Saintship; and with his wonted blustering Impudence, said, Do you think the Government will ever suffer it self, to be snivelled at, and overthrown by a Company of such Whining Fellows?—Do you think to sham People into [Page 239]Offices? No, I tell you, Villany was the Foundation of it, and Knavery the Super­structure—Neither Bethel, nor that very Fellow that stands there, Cornish, would have taken the Oaths and Sacrament, till they found it would contribute to the design of sub­verting the Government, then these Rascals could qualifie themselves for an Office, only to put the Kingdom into a Flame.

Mr Gilbert Nelson then testified, That upon the holdling up of the Hands, at the Election of Sheriffs the 24th of June 1682. there were upon the view, most for Mr Papillon and Mr Dubois; and that upon the casting up the Poll Books, there was the greatest number for Mr Papillon. Mr Wightman added, that in the Poll-Books, there were 2400. and odd, for Mr Papillon and Mr Dubois.

Mr Leonard Robinson added, that by the Hands, the majority was much more for Mr P. and Mr D. than for the other two; and the Sheriffs did so declare their opinion; and a Poll being demand­ed, and granted, after it was closed in the Evening; the Sheriffs declared the Numbers upon the Hustings; Mr P. and Mr D. had above two thousand, and Mr North and Mr Box some hundreds un­der two thousand.

[Page 240]Mr Baker testified, that the Action was brought by the advice of Mr Wallop, Mr Pollexfen and Mr Thompson.

Then, the Chief Justice comes to sum up the Evidence, and after a most tedi­ous Introduction proceeds to discharge his Spleene thus; Come, Gentlemen, it is best to be plain; Tho' it is true, a Man may lawfully sue for such an Office, and it is no offence, yet it looks somewhat extraordinary, 'tis for some strange purpose or other—It is notoriously known, that for several Years the Go­vernment has been beset, and, which is a baser thing than ever was thought of, or acted in the highest times of Villany; the very Methods of Justice have been cor­rupted; and all to serve the main design of subverting the Government.

Gentlemen, this is so black a Wicked­ness, that no honest Man, that has any sense of Loyalty, Religion, or common Justice; but must tremble at the very thoughts of it: When we see such Fellows as are com­mon Reproaches to the Government; shall get into Office, to make Ignoramus Juryes—When men begin to take Oathes to sanctifie Villany, what shall we say? And all this you, all of you, Gentlemen, know[Page 241]to be true—Was it not more safe to conspire the death of the King & his Bro­ther, than to give the least frown upon one of these snivelling Saints? Did not we know, that Men were sanctified to be Jury-men, that before, were never thought fit to be trusted, with the com­mon Society of honest Men?

Mr Papillon knows all this to be true emi­nently: When pack'd Jurys were grown to that heighth, that when seven or eight Witnesses swore down-right Trea­son, The Traytor could not by these Men so much as be accused by an Indictment; To that stupidity in Villany, were things brought by these Fellows; So far were the proceedings in Courts of Justice tainted, that cropp'd Hair and a demure Look, were the best signs of a good Evidence.

Gentlemen! There was not a pursuit of right in this case, It was a designed piece of Villany, on purpose to affront the Go­vernment, nay, to destroy it; and if he were ten thousand times Mr Papillon, I would tell him so.

It is plain, Gentlemen, that the de­sign, from the beginning to the end, was to cause a tumult and confusion in the City; in order to put that damned hellish [Page 242] Conspiracy, for destroying the King and his Brother, and every man, that was honest and loyal, in execution; This Gentlemen, is plain English.

We all know Mr Papillon to be a wealthy Man; one that had rather have minded his Affairs, than the expensive Office of Sheriff; but, that something was to be done, to wreak a damned Malice and Revenge upon the Government—This I tell him openly, and let him and his party make their Remarks upon it as they please—There was questionless, a devilish Malice, fixed in his heart and mind; and he wanted an opportunity to effect it, and he thought it best for his own security, to take this course, and nothing else was in it.—Alack-a-day (as Mr Pilkington said) I am for the preservation of the Liberties and Properties of the Subject; but I find the City is strangely run down, in their Rights and Priviledges, I will rather take a troublesome Office, than let all run thus, and immediately sets himself a Cock-a-hoop, as if there were none to take care of the City, but himself—He, and Mr Bethel and Mr Cornish for­sooth, are the only Men of the times,[Page 243]the Men; Men for the Liberties of the Subject, and the Rights of the City.

Gentlemen, the Government is infinitely concerned in this Case; that puts a weight upon your enquiry into the damages; your severity in this Case, will deter all Peo­ple from entring into Clans and Cabals to affront the Government.

That I may not further nauseat the Rea­der with the foul Language & venomous Malice of this Insolent, arrogant and in­tolerable Slanderer, I shall transcribe no more of his virulent discourse, though he run on to a strange length, at a most wicked and infamous rate of Falshoods and Defamations, against the best Men of the City, without any manner of co­lour for the truth of what he said.

The Jury thus directed, found for the Plantiff, and assessed Damages to 10000 l.

The Chief Justice said, Gentlemen, you seem to be Persons that have some sense upon you, and consideration for the Govern­ment, and I think have given a good Ver­dict, and are to be greatly commended for it.

By this extravagant and most unrighte­ous Verdict, was this upright and Wise Ci­tizen, Mr Papillon, drove into Exile, till Heaven vouchsafed him, with the Nation, [Page 244] a most Miraculous and happy deliverance, by the glorious Ʋndertaking of our now So­veraign then Prince of Orange.

That it may not be forgotten, how this Plantiff Sr William Pritchard, came to be Lord Mayor; I shall subjoyn the Account of the Poll, taken, when he was brought on.

• Sr Thomas Goold had 2257 Votes.
• Alderman Cornish had 2227.
• Sr William Pritchard had but 2144.
• Sr Henry Tulse had 236.

Being conscious, that in the fore­going Account of the Tryal of the pre­tended Guildhall Riot; I forgot to intimate to the Reader, that Lieutenant Colonel Quiney had a Warrant, for what he did, tho' he did not condescend to show it to such Men as Sr Robert Clayton and the other Aldermen, upon whom he put the Indignity before mentioned; to do him right (and to shew that though he might act too headily, 'twas not upon his own Head) I shall in this place insert the Names of those who ordered him, and the Forces he then commanded, to that Post; They were,

• The Lord Mayor (Sr John Moore.)
• [Page 245]Sr George Waterman,
• Sr James Edwards,
• Sr Will. Pritchard,
• Sr Hen. Tulse,
• Sr James Smith,
• Sr John Peak,
• Sr John Chapman,
• Sr Sym. Lewis,
• Sr John Mathews,
• Sr Benj. Newland,
• Sr William Dodson,
• Sr John Buckworth,
• Lt. Colonel John Steventon,
• Thomas Cowden,
• Edward Beaker,
• John Wallis,
• John Nicolls,
• William Parker,
• Henry Loads,
• Peter Aylworth,
• John Short,
• Richard Aily,
• Benj. Skut,
• Humphrey Stroud, &
• William Carpenter,

WHen the Reader remembers what part this Eminent and Worthy Citizen acted, in the mighty Struglings[Page 246]between Christianity and Popery; English Liberties and Tyranny; he will not be surprised to see him overwheml'd; when by the Aid of the worst of men; the Banks of our Security were broken down, and the Torrent of Popery and Arbitrary Power carried all before it.

That from the time of the discovery of the Popish Plot, the Conspirators, did, with indefatigable Industry, apply them­selves to shift it off to the Protestants; is most undoubtedly and beyond con­tradiction true. This alarming the City, and it being well known, that the Lives, Liberties & Estates of English-men, against Arbitrary Attempts upon them; Lay in Tryals by Juryes; The Citizens, in the Year 1680, rouz'd out of the Lethargy in which they had long lain, and bethink themselves how to secure substantial, ho­nest Juryes; knowing, that that could only be accomplished by proper Sheriffs; They pitched upon and elected, Mr Bethel and Mr Cornish, to serve in that Office; By so doing, and by a like Ele­ction of Mr Pilkington (now deservedly Lord Mayor) and Mr Shute, in the suc­ceeding Year 1681, the Popish design, of murdering Protestants under colour of Law, [Page 247] was Post-poned; until the Ancient Right of Electing Sheriffs, was ravish'd from the City in the year 1682.

However, the Conspirators, impatient of delay, made their attempt in the Sheriff­alty of Mr Bethel & Mr Cornish; The Earl of Shaftesbury, and divers others are now clapt up, upon pretence of a Plot; and an experiment is made upon Mr Stephen Colledge, a Man of great Honesty and who wanted nothing but a Figure to make him every way valuable; But these Sheriffs not furnishing a Jury to cut him off; The Earl of Shaftesbury, and the rest who were imprisoned, are reserved for the next Sheriffalty; When they hoped (tho' as Heaven would have it, without ground) to get Sheriffs and by them Juryes, for their purpose: And the Conspirators being enraged at the dis­appointment and baffle put upon them by an honest City-Jury, in the Case of Mr Colledge, They hurry that poor man to Oxford, and there, by most unpre­sidented illegal Practices, basely murder him.

Further, it cannot be forgotten, that the honest endeavour of these worthy Sheriffs (Mr Bethel and Mr Cor­nish)[Page 248]to have the Sham-Plot of Fitz. Harris, throughly searched into, did greatly contribute to their future Suf­ferings.

The mentioning this Wretch, forces a Remembrance of the Stratagems then used, to present his discovery of the Authors of his Trayterous Libel, and of the design for which it was framed; That that matter might not be pryed into by the Magistrates of London, he is removed from Newgate, to a most close Confinement in the Tower; Then, he be­ing Impeached in the Oxford Parliament, in March 1680, to hinder the Exami­nation of it there, that Parliament is dis­solved: Quickly after, he is tryed and condemned in the Court of Kings-Bench; Then, tho' a Papist, he is left solely to the management of Dr H. of the Tower, and without controversie, was held to the last Moment of his Life, under the hope and expectation of a Pardon, if he would confess, (or to speak more properly say) as he was directed; But being de­luded, and his Mouth stop'd; The Doctor in his Name emits to the World, a Mock Confession, inconsistent in it self, and most notoriously void of truth;[Page 249]but most wickedly contrived to render these Sheriffs, and also those worthy Gentlemen, Sr Robert Clayton, (an Alder­man) and Sr George Tr [...]by (Recorder of Lon­don) infamous and odious to the highest degree; and all this with design to create a belief of a Protestant Plot; par­ticularly, the Doctor's Paper charged the Sheriffs, that they came to Pitz. Harris in Newgate, with a Token from the Lord Howard, which he knew to be true, and told him, nothing would save his Life, but discovering the Popish Plot; and gave him great encourage­ment from the Lord Howard; that if he would declare that he believed so much of the Popish Plot, as amounted to the introducing the Roman Catholicks; or if he would find out any that would crimi­nate the Queen, or the Duke; or make so much as a plausible story to confirm the Plot; that the Parliament would restore him to his Father's estate, with the profits thereof, since his Majesty's Restoration. How idle false, groundles and villan­ous soever this Story was; it highly irritated the Conspirators against these Gentlemen.

About this time, God for the Scourge[Page 250]of the Nation, had sent into the City, that common Nusance to Mankind; a Race of blind sensless Creatures, who hardly deserved to be called Men, and therefore took to themselves, the Name of Tories; These Animals, seeming to delight in Fetters of Iron, rather than Chains of Gold, were the Champions for Arbitrary and Despotick Power; They set themselves to be­tray the Rights and Liberties of the City; and to bring all Free-born Englishmen, to live at the Will of an Absolute Prince; These, by Addresses of Thanks for the Violation of the Laws; and of Abhor­rence of those who endeavoured to main­tain them; invited the Conspirators to attempt the overthrow of the Anti­ent Priviledges and Government of Lon­don; Nay, their Solicitation (Backt with as­surance of a Surrender) procured the bringing a Quo Warranto against the City Charters; But the Wretches failing their Principals herein; as they ever did in all things, but Noisy Huzza's; and a Com­mittee of Aldermen and Commoners (true English-Men) being appointed to guard the City Franchises against the Quo War­ranto Attack; New Measures must be taken; hereupon,

[Page 251]The Tories, (now perceiving that their Quo Warranto, must pass the Formali­ties of Westminster-Hall) witb bended Knees, supplicate the aid of that Tool of State, Secretary Jenkins; He readily espouses them, and having the Ascendant of Sr John Moor, at this time most un­luckily Lord Mayor; directs him to con­stitute Mr North and Mr Rich, Sheriffs of the City; which he as obsequiously as daringly undertakes.

Many worthy Citizens (whose names deserve eternal remembrance) boldly withstood these Arbitrary & Illegal At­tempts; Amongst them Mr Bethel and Mr Cornish were not the last; and they felt with the first, the rage of the Con­spirators and their Adherents; Their honest, innocent and peacable appear­ing, to Vote for the Election of Sh [...]riffs in 1682. according to the undoubted right of the Citizens; was termed a Riot, and (in Mr Cornish's Tryal, now before us) a Branch of the Plot. (and most cer­tainly is was the greatest Plot and Treason, in which these most deserving Gentlemen ever engaged themselves) For this imagi­nary Riot, they were, with others, brought to Tryal; The Sheriffs made by [Page 252] Riot, Force and Arms, returned upon them some of the true Rioters for Jury-Men: Others of them were made the Witnesses, and so they were found guilty, and most extravagantly Fined.

Mr Bethel, after about two years Im­prisonment, for non-payment of the Fine, against all Law and Reason impo­sed upon him, Obtained his Liberty, by payment of his Fine; he having wisely observed, that the Juries of that day, did Kill as sure as Death, every Man whom the Conspirators marked out to them; and being thus at Liberty, and also at leisure, resolved for a time to take his leave of England, as he did; and so ve­ry happily lives at this day, to be fur­ther servicable to this famous City, and his Generation; But

Mr Cornish's Family and great Occasi­ons, having detained him, within the reach of the Conspirators; The wise dis­poser of all things, now permits him to be made a Sacrifice to the Tories Rage.

They charge him with an Indictment of High Treason, for Conspiring the death of King Charles the second, and the rai­sing a Rebellion:

[Page 253]The Jury sworn upon him were,

• Thomas Rawlinson,
• Thomas Langham,
• Ambross Isted (of Fleetstreet.)
• Thomas Pendelton,
• John Grice,
• Thomas Oneby, (of Aldermanbury.)
• William Clowdesly, (of Fishstreet, of whom it is generally and very credibly report­ed, that he was killed about three years after, with a piece of Wood called the Cornish of an House, upon the blowing up some Houses at the Fire at Paul's-VVharfe.)
• Richard Holford, (of Breadstreet-Hill, Cheesemonger)
• VVilliam Long-boat,
• Stephen Colman, (of Leadenhall-street, at the Corner of Limestreet)
• Robert Clavel, (Book-seller in St Pauls Church-yard) and
• VVilliam Long.

The King's Council, were,

• The Attorney General,
• The Solicitor General,
• Mr North, and
• Mr Phipps.

The Attorney General, aggravated the matter charged in the Indictment, thus,

[Page 254] Gentlemen of the Jury; the Prisoner stands Indicted for Conspiring the death of the late King; and for raising Rebelli­on; and consenting to be assisting to the Rebellion then designed—I need not tell you what part he acted when he was Sheriff, that that was the ground-work of the Rebellion, setting the Commonality against the Government of the City.

Hereupon Mr Cornish said, that he was as Innocent as any Man in the Court, and the Attorney ironically replyed; So was my Lord Russel to his Death, Mr Cor­nish; do you remember that?

Then Colonel Romsey (who to the certain knowledge of the Judges and King's Coun­cil, had perjured himself in the Tryal of my Lord Russel) testified, that about Octo­ber or November, 1682. he went to Mr Shepherd's House, to the Duke of Monmouth, my Lord Russel, Lord Gray, Sr Thomas Armstrong and Mr Ferguson; That they were just going away when he came; That before they went, Alder­man Cornish was brought in by Shepherd, and made his Excuse that he did not come sooner, and said he could not stay with them: That thereupon Mr Fergu­son opened his Bosome, and pull'd out a [Page 255]Paper, and read it to him, Mr Shepherd holding the Candle; and after it was read he said he liked it well; That he the said Romsey, did not hear all the the Pa­per read, but it was a Declaration to have been dispersed when the Rising was to have been.

That there were, as he well remem­bred, two points in it, One was Liberty of Conscience, and the other, That all, who would assist in the Insurrection, that had any Lands of the King's or Churches, in the late War, should have them re­stored.

Mr Goodenough, (who to capacitate him to be a Witness, brought a Pardon for one Treason, for which he had been Outlawed, and stood awed with the guilt of another) He testified, that being with Alderman Cornish in the beginning of the year, 1683. He said to him, Now the Law won't defend us, tho' we be never so inno­cent, some other way is to be thought on and that upon this, the Alderman said, he wondered the City was so unready, and the Country so ready; That he there­upon told him, that something was thought of to be done here, but in the first place the Tower ought to be seized;[Page 256]That the Alderman, after a little pause, said, I will do what I can, or what good I can.

That some time after, the Alderman met him upon the Exchange; and asked him how Affairs went; which he under­stood to relatc to what they had discoursed; and that he answered him, Well; But he acknowledged that he had other matters with him, about the defence of the Riot.

Upon this mention of the Riot, Justice Wythens reflected, saying, Mr. Cornish, I tell you that was a branch of the Plot, take that from me; and quickly after he told him something as true, (viz) Mr Cor­nish, you have this Happiness, that you will be Tryed by your Fellow Citizens, of very good Quality and Understand­ing, I must tell you.

On behalf of Alderman Cornish, there appeared Sr VVilliam Turner, Alderman Love, Mr Jekil, and Mr Gosfright who testified, that the Prisoner had great a­version to Goodenough, and did oppose his being made Ʋnder-Sheriff; but the Chief Justice slighted their Evidence; and Wythens, said Mr Jekyl was in a Limb of the Plot, [Page 257] one of the greatest of the Rioters. Note, a Person under the guilt of Treason is allow­ed for a good Witness, but this Learned Judge seems to doubt in the Case of a Rioter.

Then Sr Thomas Lane testified, that in my Lord Russel's Tryal, Romsey swore that he did not hear the Declaration read, it being done before he came.

Dr Calamy Mr Carlton Mr Cooke Mr Knap and Mr Smart, then spoke to the Life, Reputation and Loyalty of the Pri­soner.

It deserves to be noted, that after the Evidence given, Mr Solicitor did here omit the drudgery (which in all other Cases of this nature he underwent) by a long florid Speech, to impress the Jury in the matter: here it sufficed that Judge Wythens had just before passed his word, that this Jury was composed of Citizens of very good quality and understanding; therefore they might be trusted, well enough; knowing what they had to do.

The Lord Chief Justice Jones, who had in the whole proceeding of the Tryal, discovered sufficient tartness; sumed up the Evidence to the Jury. Then,

The Jury being withdrawn, the Pri­soner informed the Court, that he had omitted to call one material Witness, [Page 258]whereupon the Jury being returned,

Mr Shepherd testified, That Mr Cor­nish came into his House to speak with the Duke of Monmouth, or some other per­son, he could not positively, after so many Years, say whom; and did not stay half a quarter of an Hour; That Shepherd went up Staires, and came out of the Room with him; and that there was not one Word read, or Paper seen while Mr Cornish was there; That he was not look'd upon to be one of the Company; But before he came, Mr Ferguson had pull'd off his Shooe, and took the Declaration out there, and read it; and Mr Cornish knew nothing of it.

[Note, This evidence to a tittle stands with what Romsey swore at my Lord Russel's Tryal, which was, that about the latter end of October, or the beginning of November, my Lord of Shaftesbury told him of the meeting of the Duke, Lord Russell, Lord Grey, Sr Thomas Arm­strong, and Mr Ferguson at Shepherd's and sent him to them; which evinces that Mr Cornish was not lookt upon, to be one of the Company, for if he had, the Earl of Shaftesbury would undoubtedly have na­med him also: Romsey then also swore po­suively that he was not there above a quar­ter [Page 259] of an hour, and that he was not at the reading of the Declaration, for it was done before he came.]

However, the Solicitor General, and also the Recorder affirmed this evidence of Mr Shepherd's had cleared the matter against the Prisoner, which before seemed dark; if so, what need now (the Soli­citor having before left it without any Ad­dress to the Jury) of varnishing the mat­ter? But 'tis evident, they were now pinch'd, and therefore Mr Solicitor's Rhe­torick was found requisit to secure a Ver­dict, and he thus uttered it;

Gentlemen, there has been a very great Indulgence given to the Prisoner; After a full evidence, you were again sent for, to hear what he had to offer to you; I cannot but observe, this looks like a subtile contrivance on the Prisoner's part; when you are with-drawn, Shep­herd sends intelligence to him, that he had something to say, that might ex­cuse him; Truely I am very glad Mr Shepherd has been here, he is so far from in validating any part of the Testimo­ny, that by all the Circumstances you can collect from this Evidence, it is a Corroboration of it: It hereby appears that Mr Cornish was in that Company,[Page 260]and came when they were met in pri­vate—No Man almost but must be­lieve that he was privy to the Conspira­cy; therefore, tho' this Witness seems to forget some part of the Evidence, the reading the Declaration, and holding the Candle; yet these are such Circum­stances, that in themselves do carry a proof of the Charge, and do confirm (He should have said contradict) all the rest that Colonel Romsey hath said; and this must be a great satisfaction to you, that he was there present and privy to that Design.

Then the Jury with-drew for a short time, and returning, brought the Pri­soner in Guilty. Thereupon the Recorder Jenner (a Person made up of Malice, Noise and Nonsence) spoke in this manner;

Mr Cornish, your Crime is for Trea­son committed in the time of his late Majesty; being one of those notorious Conspirators, that designed to raise Rebel­lion; and it was carr [...]ed on sometime, it may be a year or more, under colour and pretence of Law; for so they did in­vade the Government, first of all by pack­ing Juries; there was the foundation laid, to bring on that business, which they had at last designed, when they could bring it to a ripe head—I must tell you, what­ever[Page 261]apprehensions you have to the con­trary, and may please your self in: I am sorry to see such a sort of Just as good sense as one handful of Grief and the other of Sorrow. pleasure in your Countenance, as if you had had no Favour shewed you.

I am glad Shepherd was called, for I think it hath That which puts out some Mens Eyes, must here be thought to enlighten others. cleared the thing, beyond all manner of contradic­tion; before it look­ed something dark for want of Shepherd, and so it is an Happiness that the Man was called. (It would have proved so, before consciencious Judges and Jury-Men.)

Thus, having told him the true Rea­son why he must dye (viz.) his having been Sheriff, and returned Juryes to the disservice of the Conspiracy; He pro­nounced Sentence of Death upon him.

Upon the 4th day following (the 23d of October) to terrifie all Citizens, from asserting their Rights, and to put it out of doubt for what Treason he dyed, Whe­ther for being at Shepherd's, or at the Election of Sheriffs, in 1682, He was executed in Cheapside; & was fixed upon Guild-hall, There being now a Vacancy, 'tis pit­ty another Head is not found to sup­ply that place. in ken of the place, where Sr John Moore committed that[Page 262] Riot, from whence the Death of this good Citizen, and many other accursed and nefarious Mischiefs sprung.

There wanted not a sort of Men at this time, who would have perswaded the World, that Murder was a Royal Sport; for one Hindmarsh, a Book-seller, print­ed a Ballad, which he called, Advice to the City, sung to the King at Windsor; wherein are these entertaining Lines.

The Instruments of sheding this Blood, may do well to reflect upon the fate of Clowdesly, one of the Jury-men; And also to con­sider, whether the Judgment of Heaven was not proclaimed against that dayes work, by the violent & most impetuous Tempest of Wind, Rain, Thunder and Lightning; which was sent upon the sudden, and most surpri­ [...]ingly, to close that Fatal Day.