A compendious history of the most remarkable passages of the last fourteen years with an account of the plot, as it was carried on both before and after the fire of London, to this present time.

THE high zeal of those that are of the Roman Catholic profession proceeds either from Policy or Devotion. The Politic zeal is counterfeited by the Priests and Rulers of the Church: but the zeal of Devotion is imposed by them upon the People. The one is Active, the other Passive; and though the Passive are sometimes seduced by the Active to Action, yet doth that Action seem to be a passion, in regard they suffer themselves to be overpersuaded to do it. Of these two sorts of zeal doth the Roman Catholic Religion consist; Which because they are both made use of for the propagation of their pretended Faith, or ra∣ther for the enlargement of their Tyrannical Do∣minion, and the satisfaction of their insatiate Avarice, they are therefore founded upon all the Maxims of Cruelty and Barbarism imagina∣ble. Nay their very mercies are inhumanities, while their Absolutions and Dispensations do but encourage the perpetration of all manner of Im∣piety, and by that means maintain a perpetual War against all mankind, and destroy the neces∣sary Converse of humane Society. Thus while

they seek to subjugate the World to themselves, where they find themselves too weak, they fall to contrivance. Hence those Effusions of Blood, and dismal Massacres licensed by the Pope, and encouraged and applauded in their public haran∣gues by the Jesuites and Priests, his Godly Emis∣saries and holy Instruments: Hence those Trea∣sons against Queen Elizabeth, those Horrid Ma∣chinations against King James; hence this Villa∣nous Plot, that has been so long hatching against the Person of the best of Kings, of which we are now to make a short but a Methodical Hi∣story, to remain as a public Record, fil'd to Per∣petuity, of their inhuman Butcheries and foul Contrivances so bloodily and so prophanely. in∣tended.

The Design was laid home and smartly; the Conspirators aimed at no small things, no less than the Murther of a Great Monarch, the sub∣version of his Laws and Government, and the to∣tal Perdition of three Kingdoms under his Sove∣raign care.

The Chief Actors upon this bloody Stage were the whole Body of the Roman Catholic Clergy, even from the Triple Crown to the poor self∣denying Dominican and Innocence - pretending Benedictine. For his Holiness in a General Coun∣cil for the propagation of the Faith, held in De∣cember 1677. had adjudg'd the King of Great Britain to be certainly a Heretic, and for that very reason had vainly deposed him, and as im∣pudently confiscated his Dominions, as being St. Peter's Patrimony forfeited to him for the Heresie of the King and People; To which pur∣pose

he also appointed Cardinal Howard to take possession of England, as his Legate, in his Name. He had moreover in his fond imagination displa∣ced all the Archbishops, Bishops, &c. from their Ecclesiastical Employments; and all others from their Secular Dignities, and constituted his own Minions in their places. What Jesuite or Priest, upon so free and authentic Donation as the Pope thus made them of his new Forfeitures, but would have ventur'd a Caper at Tyburn, for an Archbishopric of York, or a Bishopric of Win∣chester, or the fat Glebes belonging to many a reassumed Abbey and Monastery? Nor can we doubt but that they had been many Years broo∣ding over such a Magnificent design, which they had so nearly hatch'd and matur'd to perfection. Especially considering how long ago it was that we felt the dreadful Effects of their Treason, before the happy discovery of their impious Con∣jurations.

It was in the Year 1666. upon the 2d of Sep∣tember, that the greatest fire brake forth, hardly to be parallell'd in Story, which sacrific'd to the fury and Ambition of the Jesuites and Po∣pish Priests the fairest and largest part of one of the Richest and most populous Cities in the World.

As to this fatal and destructive Fire, which de∣stroy'd 373 Acres within, and 63 Acres and three Roods without the Walls of the City, it appears to have been under Consultation long before the fact was put in Execution. For when they had once, after several Debates and Communications of Letters, unanimously resolv'd, That it was ab∣solutely

necessary to ruin the City, and impove∣rish her Inhabitants, before they could possibly be able to bring any of their Contrivances to ma∣turity, Richard Strange, once Provincial of the Jesuites, took the care of a Fact, so worthy the Order of Jesus upon himself. To which purpose having made Gray, Pennington, Barton, all three Jesuites, and others, privy to his Criminal In∣tentions, they all met together at a public House, call'd the Green Dragon, near Puddle Dock, kept by one West, a Taylor. There after several Consultations, they agreed to have done their work in February 1664. but not having assistance sufficient, nor materials enow ready for Execu∣tion, they desisted for that time. In January 1666. they again renewed their meetings at the same West's House, and under the pretence of being Fifth Monarchy Men, they first inveagled one Green into their Society, and with a bait of 30 l. wherewith they furnish'd him for his present Necessities, soon caught the hungry Fish. Green, thus deluded by their Charity and their Can∣ting, joyn'd with them in their design, both for Firing the City, and Murdering the King; and in farther gratitude for their kindness, brought into their acquaintance eight more of the same Gang; who as they were a hotheaded and in∣considerate sort of Cattel, soon closed with a Combination so sutable to their own Natures, and were no less zealous in the business then the Jesuites themselves. Upon this they were all eager to have gone to work in February follow∣ing, before the Return of the Inhabitants to London. But Green opposed that Resolution,

representing to the Jesuites, that then they should be the sooner discover'd, in regard that the greater the Uproar was the safer they should be. More then this, he put them in mind, That the King would not then be much in Town, if at all, who as Green at that time adviz'd, was to be cut off, when the people were all in Consternation and hurrey by reason of the Fire. This advice pleased the subitle Je∣suites well, and for those reasons the business was delay'd. Soon after Green, and the rest of the Cabal were suspected by their Host, the forenamed West, and forwarn'd his House. Up∣on this the wary Jesuites like Foxes fled imme∣diately to their Holes and Earth'd themselves at St. Omers, leaving their poor deluded Fifth Mo∣narchy Brethren to suffer the deserved Punish∣ment of their rash Zeal. For those Fifth Mo∣narchy Bigots being all taken, the next Sessions were indicted at the Old Baily, by the Names of John Rathbones, William Saunders, Henry Tuc∣ker, Thomas Flint, Thomas Evans, John Miles, William Westcott, and John Cole, for Conspiring the Death of his Majesty, and the overthrow of the Government; having lay'd their Plot for surprizal of the Tower, killing the Lord Gene∣ral Monk, Sir John Robinson, and Sir Richard Brown, and then to have declar'd for an equal division of Lands. The better to effect which the City was to have been fir'd, the Portcul∣lices to have been let down to keep out assi∣stance, and the Horse guards to have been sur∣priz'd, several Officers having been gain'd for that purpose. Of all this they were found guil∣ty,

and soon after Executed, all but Green, who dy'd in prison, before he came to his Tryal. All which nothing grieved the Jesuites, belie∣ving that now, whatever mischief happn'd after∣wards, the burthen of the Crime would be laid upon the Fanaticks. As to the Fathers that brought them into those noozes, the poor con∣demned Hotspurs never mentioned a word con∣cerning them; neither knowing their Names, nor suspecting them to have been Jesuites, but of their own Faction, and therefore the more chary of detecting them. Upon notice there∣fore given to Strange, by Fitzgerald, an Irish Jesuite, and one Neal of White- happel, that the Fifth Monarchy Cullies were all safe out of this World, without the least Information gi∣ven or notice taken of their Names or Persons, Strange and his Companions returned in June following, and fell again to their employment, which had been in some measure managed by their Associates in their absence. To be short, they got fifty or sixty Irish to ply the Work, and were also in fee with several French Men, who were faithful in the business, to speak the Phrase of Strange himself. All things being ready, and the places pitch'd upon, Strange in August 1666. removed his Quarters, and lay at a House in Fenchurch Street by the Name of W••lker; Pennington and Barton lodg'd at an Apo∣thecaries in Shoo Lane, Gray and Fitzgerard took up their Querters in White Chappel at the House of Neal beforenamed, who was to ma∣nage the Fire from Thames Street to the Tow∣er. Just at the Time prefix'd one Pie-de-loup

and Hubert, both French Men and Companions, came to an Alehouse in Pudding Lane, adjoy∣ning to Farriner the Baker's, and observing their opportunity, convey'd, at the end of two long poles, three Fire-balls, first lighted with Matches, through a hole in the Wall, in∣to Farriner's House, not stirring till the Room was in a Flame. This was the Confession of Hubert himself, and what moreover he acknow∣ledged at his Execution: For he was sometime after Try'd, Condemn'd, and Executed for this very fact.

And now the Fire being thus begun, while Night and Consternation bred a general confusi∣on, the Devils Agents were no less busie in employing their Masters own Element, at their several stations, till it grew to such a height, that I need not repeat the dismal havock which it made, as being yet too fresh in Me∣mory.

But as if this had not been Impietie enough for the Order of Jesus to boast of, they had a sort of unsanctified Villains and Jades, to the number of fourscore or fourscore and six, who made it their business to Plunder, Steal, and carry away the Goods of the Miserable, in the height of their distraction; for which purpose the Holy Order had their Warehouses, and re∣ceptacles of Stollen Goods in Wild Street, be∣sides what they concealed in Somerset House; so that they got by the Fire of London above 14000 l. Among the rest they carried off a Casquet of Diamond Stones, which was sold by the same Jesuites in Flanders for 3500 l. Ster∣ling.

It is also ascertain'd from the Mouth of Strange himself, that there were spent in this Destruction of theirs, above Seven hundred of those little Hand Granado's, which they flung into Houses, and call'd by way of Joke, and Secrecy, Tewksbury Mustard-Balls, now better known by the name of Jesuites Fire-Balls.

The next considerable Fire was that in South∣wark, which happened in the Year 1676. This Fire was begun by one John Groves, who had several Fire Works made for that purpose, and three Irish Men, that were his Assistants; so prosperous in their Villany, that they set an Oyl shop near Saint Margarets Hill on Fire. For which noble Act the said Groves had 400 l. and the three Irish Men 200 l. a piece paid them by the Jesuites here in London that set them on Work. However the Jesuites were no losers by the Bargain: for by the Dex∣terity of their plundering Emissaries they got no less then 2000 l. Sterling by that Desola∣tion.

In the Year 1676. a great Cabal was held in the English Covent of Benedictine Monks at Paris, for the carrying on the great Work of subverting the Protestant Religion and introdu∣cing Popery into England.

For the accomplishing of which Design, they could not imagin any means more probable, then by continual Fires, to weak'n, if not utterly de∣molish the remaining Splendor of the City and Suburbs of London; Affirming withall, that they would never leave that heritic Heap, till they

had brought down her Pride by Fire and Py racy.

These Results being transmitted to their Cor∣respondents in England, were here with no less fervency debated, and no less sedulous endeavours us'd to satisfie as well their own Cruelty, as the longing Expectations of their Brethren in ini∣quity beyond Sea. Of these Consultations the real Effects were those Fires near Limehouse, Sept. 18. 1678. at Wapping, where Blundell the Jesuit was the Master Engineer, and St. Katherines, design'd likewise for the burning of the Ships in the River, as also in several other places; which though they had not that success which they desir'd, however shew'd the heat of their Zeal, and their Kindness to the Kingdom. The same Fate was destin'd for Westminster, and that ancient Monu∣nument of our Ancestors Magnificence, who never intended that Noble Sructure for the spoil of Loyo∣la's caitif brood. This Fire was to have begun its progress near the Palsgrave's-head, without Temple-Bar, and having baited at the Savoy, was to have been driven on again by the Benedictins on both sides of the way to White-hall, from whence, near the end of the Stone Gallery, it was to have been convey'd by fresh Company to Westminster. All which grand Contrivance was to have been put in execution in the time of the great Frost, in the year 1676. But then it seems they were not well assur'd of the Assistance of the French King; of which they were afterwards fully ascertain'd by Le Cheise, Con∣fessor to the said King, and his Correspondent, Mr. Coleman.

No wonder such hellish Designs were laid by men whose confidence almost exceeded Admiration. For though the Plot were in some part at that time discover'd, yet did they venture to carry on their Design, and kindled a Fire near Limehouse, the 18th of Sept. 1678, as is already mention'd, which in three or four hours time consum'd and laid level with the ground between forty and fifty Houses, and had questionless made a greater devastation, had not the active Courage, and unwearied Toil of the Seamen put a stop to the fury of the Flames. Whence we may be well assur'd that they had reso∣lutely intended the utter desolation of this Antient and Potent City (in nothing more unhappy then in the largeness of her Extent) had not the disco∣very of their Treasons and villanous Impieties warm'd them with such another kind of miraculous heat, as melted their Cabals, yet cool'd the vio∣lence of their fiery proceedings.

The Jesuits had soon the scent, which only the smother made, in their Noses; having a smart Intel∣ligence that Dr. Oates had been in company with a Protestant Minister. This startl'd the Provincial, Monsieur Whitebread; and yet he had the confi∣dence to write to Mr. Bedingfield, not to take notice of what Keins, (it seems the whisperer of the un∣welcom News) had told him; but to proceed in the business of the King, and in the whole Affair, as before. Nay, he was so Cocksure, as to come to London the third of September. The next day the Doctor went to visit him, or rather to wait on him by order of his Superiors. But then the Scene was alter'd: the incens'd and sow'r Provincial chang'd both his Countenance and Behaviour. For

he not only revil'd the Doctor in words, asking him, With what face he could look on him, that had plaid him such a treacherous trick? but entertain'd him with blows and a courteous box o' the Ear, (for St. Peter may strike, as well as teach) as being charg'd for having been with the King, and a Mi∣nister with him.

However, that the Jesuits Trade might still go forward, I mean Murder, the good natur'd Pro∣vincial was willing to be reconcil'd to the Doctor, on condition he would discover the Minister's Name, and his place of abode, to the end they might make him sure, for they resolv'd to have kill'd him.

In the mean time the Doctor was order'd to march, and within fourteen days to return to St. Omers; and that he might not delude them with a slippery cheat, they took upon them to pay for his Coach-hire and Provision upon the Road to Dover, and at Calice order'd the Master of the Feathers to pay for his passage to St. Omers; unwil∣ling to trust him with so much Money at his own disposal. There he was also to stay till farther Order from the Provincial; and an excellent Of∣fice, which was to be Surveyor of the firing of Wapping, tak'n out of his hands and committed to the charge and industry of the more trusty Father Blundel.

But upon the sixth of September at night, the Doctor attending at the Provincial's Chamber dore, and just ready to go in, overheard Monsieur White, and some others, whom by their voices he con∣jectur'd to be Mico, and one Poole, consulting how to dispose of a certain person, whom he ve∣hemently

suspected to be himself. The words, not to be omitted, were these:

This man has betraid us, and therefore we will give a Coachman Twenty Pound to take him up, and carry him directly to Rochester, to Esquire Lee's house, who lives near the Town; and from thence to Dover, by some by-way, because he is acquainted at Sittin∣born. Adding withal, That if they could but get him on the other side the Water, they would torment him, till he had confess'd to them, who it was that had been with the King, and had inform'd him of the Business.

These Words begat in the Doctor a rati∣onal fear; so that he made all the hast he could down Stairs, to avoid the danger, and for his better security, shifted his Lodging that night.

The next night, as he was returning to his own Lodging, for some Necessaries which he wanted the day following, he met with one Grigson, a Pa∣pist; who inform'd him, That the Jesuits were highly incens'd against him, because he had not an∣swer'd their Expectations, in being true to them: that they were dangerous persons, and would ruin him, if they could. To which he added, That he had known their Roguery these twelve or fourteen years.

The Doctor surpriz'd with this Caution went no further, but staid with the said Grigson, and lay that night at his Lodging: where he had no sooner compos'd himself to rest, but one Stafford, a Son of Papistical Zeal, whom he never knew, nor

ever in his life provok'd, attempted to force open his Lodging, but was constrain'd to retreat, when he found himself discover'd by the Servants of the House: so that from that time forward he grew more jealous of them, and careful of him∣self.

Thus much for the Preliminaries, which give a fair insight into the Age and Series of this detestable Contrivance. It will now be re∣quisite to embody the Design, and to display the whole Mystery, that thereby the Crimes of every Malefactor (for I cannot in Con∣science call them Martyrs) that has hither∣to been justly Executed, may more clearly ap∣pear.

The grand and general Design then of the Pope, the Pious and Zealous Society of Je∣suits, and their Accomplices and Associates in this as disingenious, and raskally, as unchristi∣an Conspiracy was to have reduc'd the flouri∣shing Kingdoms of Great Britain and Ireland to the Romish Religion, and under the Papal Juris∣diction.

To accomplish this, the Pope had Entitl'd him∣self by way of Confiscation and Forfeiture to the Kingdoms of England and Ireland. He had sent the Bishop of Casal, in Italy, into Ireland, to make out his Title to that Kingdom, and to take Posses∣sion in his behalf; and had constituted Cardinal Howard his True and Lawful Attorney, for the same intent and purpose in England. But these fair Vineyards could not be enjoy'd, so long as the right owner liv'd, and had pow'r to defend his own Inheritance. Therefore was the King him∣self

by his Holiness impiously condemn'd, and by the Consults of the Jesuits and Priests at London, applauded and encourag'd by the Birds of the same Feather abroad, dispos'd and destin'd to a lewd Assassination. And to make good the Attempt, the Papal Force in both Nations was to be Armed, and that under Officers and Commanders com∣missionated by St. Peter's Authority, given to the General of the Jesuits at Rome, and by him con∣vey'd to the Provincial of the same Order in Eng∣land. In this, somewhat mannerly, that the King was not to fall alone, but to be attended by some of his nearest Relations, and choicest Peers, of which number was his own Brother, if he did not fully answer their Expectations, the Prince of Orange, the Duke of Ormond, and the Earl of Shaftsbury.

Into Scotland twelve Scotch Jesuits were sent by Order from the General of the Society, and had a Thousand Pound given them by Le Cheese, the French King's Confessor, to keep up the Com∣motions in Scotland, and had Instructions given them to carry themselves like Nonconformists among the Presbyterians, the better to drive on their De∣sign.

The Conquest and Subduing of Ireland was con∣triv'd and design'd by a general Rebellion and Massacre of the Protestants in that Kingdom, for which the Actors had a late Precedent to go by. For the carrying on whereof the Pope had been so liberal, as to disburse Eight Hundred Thousand Crowns out of his own Treasury. And for fear their own Power might not be sufficient, there was a French Plot cunningly and a-la-modely interwoven

with their English Conspiracies to bring in Foreign Assistance, and Correspondencies, held for that purpose between them and the King of France's Confessor at Paris.

But Heaven, that saw and with indignation beheld the dark and infernal Practices of them, that by acting contrary to all Piety and Virtue, were bringing a Reproach and Scandal upon Hea∣ven and Christianity it self, would no longer suffer them to proceed in such an Execrable Tragedy. A Crime that had it come to Execution, Hell would have blush'd, and the Devils in union among themselves, might have had a prospect of some pro∣bability of Mercy, beholding men more wicked then they.

The Discovery then being fully resolv'd upon in the Breast of Dr. Oates, he makes his first Applications to Dr. Tongue, both for his Ad∣vice and Assistance. Who upon Monday the 13th of August, 1678, acquainted Mr. Christopher Kirkby with the detection of a Popish Conspiracy against the King's Sacred Person and the Prote∣stant Religion, shewing him withall the Three and Forty Articles, as he had receiv'd them in Wri∣ting from Dr. Oates, and requesting him not to make the business known at first to any other per∣son then the King himself. Many difficulties shew'd themselves in the Management of this Af∣fair, which requir'd the more wariness in pro∣ceeding. So that Mr. Kirkby, not finding an Opportunity to speak in private with the King that Afternoon, prepar'd a certain Paper to put into his hands the next Morning, as he went to walk in the Park. His Majesty having receiv'd

and read it, call'd Mr. Kirkby to Him, who then only gave him this short Account, That his Ene∣mies had a design against his Life, and therefore besought him to have a care of his Person, for that he knew not but that he might be in danger in that very Walk which he was about to take; desiring withall, a more private place for a more particular Account. Thereupon his Majesty com∣manded him to wait his return out of the Park: At what time calling Mr. Kirkby into his Bed∣chamber, he commanded him to declare what he knew.

Mr. Kirkby thereupon inform'd the King, that there were two persons that were set to watch an opportunity to Pistol him. That his Friend was at hand, and ready with his Papers to be brought before him, when his Majesty should command.

In answer to this, his Majesty appointed be∣tween the hours of Eight and Nine in the Even∣ing: at which time Mr. Kirkby and Dr. Tongue attended, and being commanded into the Red Room, deliver'd the Forty Three Articles, or rather Heads of the Discovery to his Majesty, who being to go to Windsor the next Morning, was pleas'd to promise that he would transmit the Papers into the hands of the Earl of Danby, then Lord Treasurer, upon whom they were likewise order'd to attend the next day after. That day, about four of the Clock in the Afternoon, they were admitted into the Treasurer's Closet, who read the Papers, and found them to be of the grea∣test Concern imaginable.

The third of September, Mr. Kirkby went to Dr. Oates, and having receiv'd from him what he had to communicate, appointed to meet him the next morning.

Accordingly, the next morning, being the fourth of September, Mr. Kirkby and Dr. Oates met, at what time the latter told the former, that Whitebread, Provintial of the Jesuites, was come to Town, and had strucken him, and charg'd him with having been with the King, and with the discovery of the Plot, which he deny'd, it being true that he had not seen the King. Upon this, it was concluded, that seeing the discovery was smoak'd, Dr. Oates's Infor∣mation should be sworn before some Justice of the Peace, which was accordingly the first time done before Sir Edmund-Bury Godfrey the sixth of September; who nevertheless was not permit∣ted to read the particulars of the Information; it being alledged that his Majesty had alrea∣dy had a true Copy thereof; and that it was not convenient that the business should be com∣municated to any body else as yet: So that Sir Edmund-Bury Godfrey was satisfied without reading them, and only underwrit Dr. Oates's Affidavit, That the Matters therein contain'd were true; Dr. Tong at the same time making Oath, that they had been made known to the King.

In the mean time Mr. Kirkby goes to Wind∣sor, and shews himself to the King, but his Majesty was not pleas'd to speak to him either that day, or the next; whereby it was con∣jectured

that some persons had made it their bu∣ness to dispossess the King of the belief of any such thing as a Plot.

Wherefore upon the seventh of September he went to the Treasurer's Lodgings, and mee∣ting with Mr. Lloyd, he told him that the person who had given the Information was dis∣covered and had been abus'd and beaten by the Conspirators, and therefore desired my Lord Treasurer's farther directions; but though he waited all that day and the next, my Lord was not to be spoken with. Thereupon he retur∣ned, and meeting with Doctor Tong and Oates, at the place which before they had appointed, he carried them to his Lodgings at Fox-hall, for their better security.

Nevertheless the business was not so far neglected, but that upon the twenty seventh, Mr. Lloyd before mentioned, was sent to Fox-hall to signifie to Mr. Kirkby, that he had Orders to bring Doctor Tong before the Council; but the Lords being risen, ere the Doctor could be brought, he was Order'd to attend the next Morning.

In the mean while they went all three again to Sir Edmund-Bury Godfrey, carrying the first Depositions sworn the sixth of Septem∣ber, and two Copies more written by Doctor Oates, to have them also sworn, which being done, Doctor Oates was sent back to Fox-hall, and Mr. Kirkby and Doctor Tong attended the Council according to Order; who being call'd in were Order'd to bring Doctor Oates

thither, which was soon after done. And then it was, that Doctor Oates, being the first time examin'd, and also sworn again at the Council board to the Heads of his Discovery, both he and Doctor Tong were Ordered Lodgings at Whitehall.

Being thus secure of the Discovery, and the Discoverer as well secured, the main business now lay all in good proof and fair Testi∣mony. Which as on our side there was all care taken to find out, so on the Conspirators behalf, there was no stone left unturn'd, no Labour of imagination omitted to vilifie, and enervate, and to reproach and scandalize what ever witnesses appear'd.

And therefore before we go any farther, it will be requisite to say something in Justifica∣tion of his person, who was the First and main Discoverer, and to whom the Nation is most chiefly beholding.

All the World cannot but be very apprehen∣sive, that it is the Interest of the Roman Ca∣tholics to vindicate their reputation if they can; which there is no way under Heaven to do, but by fixing those Imputations upon Doctor Oates, which may render him ridiculous, per∣jur'd, and consequently unfit to be believ'd.

In the first place the Papists accuse him of debauchery, and for being turn'd out of the Colledge at Saint Omers, and that he does all this out of Revenge.

Then they suggest that his Information must needs be fictitious, because it is a thing unlikely

that he should come to such a distinct know∣ledge of so many particulars in so short a time. Or if he had heard or seen them, that he should so perfectly remember them: and then again if he were so conversant among the Con∣spirators, why he should not do it sooner.

In the last place, they alledge, that it is not probable, that they who so chearfully blended their Blood with that of his Majesties most faith∣ful Protestant Subjects in the late Wars, should so strangely alter their minds, as with such an unheard of Unanimity to combine to murder the King, for whose Father they had so Re∣ligiously fought, and destroy the Liberty of a Nation which they had endeavoured to main∣tain with their Lives. Plausible insinuations in∣deed, but of no moment, when judiciously weigh∣ed and considered.

For as to the Education of Doctor Titus Oates, he was bred a Student in Saint John's Colledge in Cambridge; neither is it probable that he for∣got his Learning, but rather highly improved it, by his going out Doctor in Divinity at Sala∣manca in Spain; where he did all his Exercises, more difficult than what are performed among us here. He was also for some time a Minister at Chichester, and at length Chaplain to the Duke of Norfolk.

In all these Stations the sobriety of his Life and Conversation was such, as freed him alto∣gether from the stain of Debauchery. In which respect he may well appeal to the Jesuites them∣selves, who would never have esteemed him as

they did, by conferring their Order upon him, and trusting him so far, had they not found him a sober person and fit for their pur∣pose.

When he was Chaplain to the Duke of Nor∣folk, he overheard some whisperings among the Priests, by which he collected, that there were some great designs on Foot, though he could not find out what they were. This and some other dark Intimations which he received from his Protestant friends, bred in him an earnest de∣sire to sound the depth of the Intrigue, and if it were possible to Countermine it. To which end he pretended himself to certain Priests dissa∣tisfied in some points relating to the Discipline of the Church of England, desiring withal, for the Solution of his doubts, to confer with some of their Jesuites, which the Priests procured, on condition he would not betray them. After se∣veral disputes, wherein he suffer'd himself to be overcome, he was seemingly reconcil'd to the Church of Rome, and then desir'd of the Fathers that they would admit him into their Order, which they did after a debate of three days. To this Grant of theirs they also added this farther kindness, that because he was past the Years of Pupillage, as being in the 28th Year of his Age, they would not employ him, as they usually did their Novices, in drudgery for the first two Years, but advance him to be a Messenger for the Society. Nothing could more exactly have fitted his purpose. So that being forthwith sent with Letters into Spain, he ope∣ned

them, and thereby began to have some in∣sight into the contrivance: from which time he carried himself with that discretion and reserved∣ness, that after a little time he was admitted to their Consultations; by which means he had not onely the opportunity to observe the present carriage of Affairs, but also liberty to enquire into their former Proceedings. By this means he came to understand how the City was Fir'd by the Contrivance of the Jesuites, was infor∣med how the Design was carried on, and who were the Actors in the several Scenes of the Tragedy. Which he might well believe when he himself was a Witness how they had Fir'd Southwark, and were designing to have utterly laid wast both the Temple, Westminster, and the rest of the Suburbs.

He also kept short Memorandums of all pas∣sages of consequence that happen'd from the time of his first admission. Of all which he has given such an exact Account, confirmed by other Circumstances and collateral Evidence, that a∣mong such a number of particular occurrences, no one thing has contradicted another, nor in∣terfer'd with those papers that have been found elsewhere, or with those Informations that have been separately given in by other Persons. Nor was it possible that the Grand Assembly of the Nation consisting of so many perspicacious Judgments, and by whom he was fully exami∣ned should be so imposed upon by one Man, as to Vote upon his Information that there was a Plot to Murder the King, alter the Govern∣ment,

and subvert the Religion established by Law, had they not been highly satisfied in the Credit and soundness of the Evidence.

As to the time of his Discovery, had he made it upon his first knowledge, he had acted with less prudence, and the Opposition he has met with plainly shews, that the Kingdom might probably have lost the advantage of his delay, had he come unprovided to attest those things which he could not so well have proved. Nor was he at his own disposal, when first he en∣ter'd into their Society. So that had he moved or acted either without or contrary to their Or∣der, he had presently been suspected, watched and found out; but as soon as he had enough to convince the World, or at least the Rational part, and that he was sent from Saint Omers into England, he shewed his real intentions to preserve his Majesties Person and his Native Country from the bloody Contrivances of a bo∣som Enemy.

But what needs all this Justification? Hea∣ven it self assisted the Discovery, and so dire∣cted their infatuated Councils, that contrary to all the dictates of common Sence and Reason, the Politic Jesuites rang that bloody peal them∣selves which wakened the drowsie unbelief of those that scarce gave credit to the Story; and by closing the Eyes of one unfortunate Gentleman, opened the Eyes of the whole Na∣tion.

For understanding that Sir Edmund-Bury God∣frey, one of his Majesties Justices of the Peace

for the County of Middlesex, had taken the Dis∣coverers Oath and Affidavit, and presuming that much of the Plot might be confess'd and made known to him, thinking to stifle his report in the Birth, they concluded to commit a Murther that Villany laugh'd at, and was Ridiculous to Folly it self.

The chief Instruments, for there were several others unknown to the Discoverer, set on and encouraged to act this fatal Tragedy were Father Girald, and Father Kelly two Priests, Robert Green, Cushion-Man to the Chappel of Somerset-House, Lawrence Hill servant to Dr. God∣din, Treasurer of the Chappel, Henry Berry, Por∣ter, Lewson a Priest, Philip Vernatti, once belon∣ging to my Lord Bellasis, and Mr. Miles Prance, by them deluded in to be an Assistant; though soon after, the Detector of the Fact and Persons.

These Men did not assign any particular rea∣son for their malice, but onely in general that Sir Edmund-Bury Godfrey was a busie Person, and going about to ruin all the Catholics in England, and that it was necessary to destroy him or else they should be all undone.

This being their undoubted Maxim, they laid several distinct Plots, and employ'd divers sepa∣rate Agents unknown to each other, to accomplish their design.

Several Consultations they had at the Plow▪ near Somerset-House, and in other places, but the ultimate Result of all their Debates was this, That Sir Edmund-Bury Godfrey should be dogg'd as he walk'd the Streets, and that whoever of the

Confederates should first lodge him in a convenient place should give the rest notice.

In pursuance of this Resolution, having watch∣ed him several days, and finding no opportunity, at length upon Saturday the 12 of October 1678. in the Morning, Hill, Girald, and Green, went forth to observe his Motion, and Kelley, know∣ing what they were gone about, went to Mr. Prance's House to acquaint him therewith, and to charge him to be in a Readiness. The first three went near to Sir Edmund-Bury's, and while two stay'd at a distance, Hill went up to the House and understanding he was within, spake with him upon some pretended Story and so retur∣ned.

About ten or eleven a Clock Sir Edmund-Bu∣ry came forth all alone; and his unknown Atten∣dants dogg'd him with great diligence all the rest of the day to several places, as his occasions led him, till about six a Clock at night, at what time he went into a great House in St. Clements, where 'tis thought he supp'd. Then did Green leave the other two, came to Mr. Prance, and in∣form'd him, that they had now set Sir Edmund-Bu∣ry Godfrey in a House in St. Clements, and bid him make all the hast down to the Water Gate be∣longing to Somerset-House, where he should find Kelley the Priest and Berry the Porter. There∣upon Prance went thither, and found them wal∣king in the Yard, where they continued some∣times walking, sometimes sitting till toward nine of the Clock. About which time Sir Edmund-Bury, coming out of the House aforesaid, Hill

ran before to give Notice that he was coming along; and to wheedle him in, he order'd that two should pretend to be a quarrelling. Which done, Hill returns to the Water Gate to expect his coming and entice him in. In the mean time Kelly and Berry began a seeming quarrel, but made no great Noise, and Sir Edmund-Bury co∣ming along, just as he was passing by the said Water Gate, Hill steps to him in a great deal of hast, crying, For God's sake Sir Edmund-Bury Godfrey be pleas'd to come in, for here are two Men quarrelling, and I fear there will be Bloodshed between them. Pugh-pugh, said Sir Edmund-Bury, refusing at first to trouble him∣self; but Hill still urging and insisting that he was afraid there might be a great deal of mis∣chief done, and how glad he was to meet so opportunely with his Worship; Sir Edmund Bu∣ry, not suspecting any harm, but desirous to prevent any mischance that might be occasion'd by a quarrel, was persuaded to follow him.

Hill enter'd the Gate first, Sir Edmund-Bury follow'd, and behind him immediately clapp'd Girald and Green. These all making down in this order toward the Rails near the Queens Stables, where Kelley and Berry were pretending a quarrel, Prance, who stood close by the wall conceal'd, goes up to secure the Water Gate, while Berry slipp'd to secure the Stairs and Passage by the Chappel.

And now having got him safe, Green, who kept close behind, and had a large twisted Handkerchief in readiness, on a suddain threw

it about his Neck, and immediately Girald, Kelly, Green and Hill fell upon him, secur'd his Sword, threw him down, and throtl'd him, so that he could neither call out, nor speak; then drew him behind the Rail, and gave him many violent punches on the Breast with their Knees.

After they had thus manifestly bereaved him of his breath, Girald the Priest, fearing he was not quite dead, would have run him through with his Sword. But the rest would not yield to that, for fear of being disco∣vered by the Blood. However to make sure work, Green got upon him, and punching him with his Knee upon the Breast with all his force, wrung his Neck quite round. Thus fell this unfortunate Gentleman, a needless Victime to their stupid Fury, to prevent the Sacrifice of three whole Nations, and save the Offering of Royal Blood to their cruel Idolatry.

After the business was fully done, Prance and Berry came from their Posts, and then they all set to work to remove the Body, which they carried in at a door right against the place where he was murthered, and so into a little Room in Doctor Goddin's Lodgings, where Hill lived; and where they placed the Corps with the back leaning against a bed.

There the Body lay all Saturday Night, Sunday all Day and Night, till Munday at Night; but then they carried it into another Room cross the upper Court of Somerset House.

There it continued all Monday and Tuesday till nine a Clock; and then Girald, Kelly, Green, Hill and Berry took him out of that Room, and removed him into another opposite to Do∣ctor Goddin's door, supposed to belong to Sir John Arundel's Lodgings.

There the Body lay from Tuesday Night till Wednesday about nine a Clock at Night, and then the five forementioned persons remo∣ved it again to the Room in Doctor Goddin's Lodgings, where it first lay. In this removal they were frighted by Mr. Prance's coming, so that they ran away and left the Body for a while, but being call'd to by Mr. Prance, and knowing his Voice, they return'd to their Labour.

Having thus several times removed the Body they entered into a deep debate, how and where to dispose of it for their best security. The result of which was, that he should be carried into the fields and laid in some obscure place, in such a manner, that when ever he should be found, it might be supposed that he had Murdered himself. And this they thought would be much for the Interest of the Church, when it should come to be known, that he who was so busie in charging the Catholics with a Plot, had been afterwards so troubled in mind, as to kill himself; and therefore it was agreed that none of his Money or other things should be meddled with.

This result being well approved of, they resolved to carry away the Body that Night,

being the sixteenth of October. To which pur∣pose Hill procured a Sedan late in the Night, into which they forced in the Body, by ben∣ding it into a fit posture. When they had got the Body in, they carried it over the Court∣yard toward the Lodge, and then giving a Hem, which was the sign, Berry came forth and opened the Gate, and so with Heart and good. Will away went Prance and Girald first with their burthen, as far as Covent-Garden, where they were relieved by two more, who Footed it on as far as Long-Acre; then Gi∣rald and Prance took up their load again, and carried it to the Grecian Church near Soho. When they had the Murdered Cavalier there, having a Horse ready, they forced open his Legs, and mounted him astride, and then set up Hill behind to hold him up steady, at which time Girald spoke these words, I wish we had a hundered such Rogues as secure as this. Then Hill, Girald, Kelly, and Green attended upon him in such manner, that he seemed to ride in great State, one leading the Horse, and the other two walking on each side; and so they conveyed the Body to a field near Primrose Hill, where they laid it in a Ditch, first run through with his own Sword, and left his Scabbard and Gloves at a distance not far off.

The next Morning the Murderers met and gave an account of it to Mr. Prance who went no farther than Soho: and in a paper set down a Narrative of their Heroic Act. Nor is it un∣likely but that it was sent to Rome, where it

found as great Approbation, and caused as great joy, as some other Acts of theirs of the same nature have formerly done.

Sometime also after the fact committed they had a meeting at the Queens Head at Bow, where the forementioned Narrative was produced and read, which made them very merry, and so jo∣cundly loud they were in reading it, that they were over heard by some, who gave evidence at their Tryal, that there was a paper their read which concern'd Sir Edmund-Bury Godfrey.

On Thursday in the afternoon the Body was found in a Ditch with his Sword run through him, two handfuls out of his Back, with his Neck dislocated and his Breast very much beaten and bruised. In that condition after the Coro∣ners Jury had given in their Verdict that he was Murdered by a Confederacy of Assassinates the Corps was carried home, and afterwards solemnly buried in the Church of St. Martins Parish in the fields, his Funeral Sermon being Preached by the Learned and Reverend Dr. Lloyd Dean of Bangor the Minister of the Place.

The confused Rumour of the Plot, and the loud noise of this Murder, strangely Alarm'd the whole Nation; but who did it, or upon what motives or provocations, was a Mystery long concealed, and all people groped only in the dark of Conjecture. Some there were that suspected the Papists, but they would by no means hear of any such accusation, and there∣fore threw out various reports that his own Re∣lations had murdered him to get his Estate; that

he was mad, and that he had married beneath himself and therefore lay conceal'd.

However the King both for his own and the satisfaction of his people, was pleased to issue forth his Royal Proclamation, wherein he pro∣mised a very considerable reward to them that should first discover the Authors and Contrivers of so horrid a Murder. Yet all the Confede∣rates being at that time either Priests or zealous Bigots, whose Consciences were overpowred by the persuasive exasperations of their diabolical Confessors, they firmly kept the Grand Secret, till Mr. William Bedloe aw'd at first by the strong obligation of the Sacrament of the Altar twice aweek Administred to him to keep him steddy, at length by a secret impulse of Heaven, and convinced by the wicked designs wherein he had been so oft engaged by Men pretending Sanctity, return'd from Bristol, where his rest∣less mind had carried him, and of his own ac∣cord came in, and began the Discovery. After which, by the accidental knowledge of Mr. Prance in the Lobby of the House of Commons, he opened a way to the full displaying of the Mystery.

But leaving this subject for a while we must take notice that three or four days before this, on the twenty first of October 1678. the Parlia∣ment in pursuance of his Majesties last Prorogati∣on met at Westminster, and the next day Doctor Oates was examined before the Commons, as he was also before the House of Lords the day following. Upon which his Majesty was pleas'd

to issue forth several Proclamations one after ano∣ther, as well in reference to the Plot discovered, as also for the future security of his Royal Person and Government.

The first was a Proclamation for a General Fast, appointed to be kept the 13th of November following.

The next was a Proclamation commanding all Popish Recusants to depart ten miles from the Ci∣ty of London.

And the third was a Proclamation that no Offi∣cers or Souldiers of his Majesties Guards should be a Papist.

His Majesty also observing the affection of both His Houses towards His Royal Person, and their zeal for the security of the Nation, was pleased to make them a most Gratious Speech, where∣in he gave them thanks for the care which they took of his Government and Person, pro∣mising to pass all Acts which they should make for preservation of the Protestant Reli∣gion.

During these Proceedings of Parliament and Council, one Staley having out of the abundance of his Heart, on the fourteenth of November 1678. spoken most desperate treasonable words against the King, and being the next day ap∣prehended for the same, was brought publicly to his Tryal at the King's Bench Bar in West∣minster Hall, upon the twenty first of the same Month.

This Staley was a Goldsmith in Covent-Garden, and the reason of his inveteracy against the King, is said to be, for that being a Papist and a Gold∣smith that dealt in money, he found his Trade decay; because the Catholicks, with whom his chiefest dealings were, call'd in their money faster than he desir'd, upon the discovery of the Plot.

The Treason urged against him was this, that being at the Black Lyon in King-street in the new Buildings between High Holborn and Long-acre with one Fromante his Friend: the said Fromante, among other discourse, was saying, That the King of England was a great Tormentor of the peo∣ple of God. Upon which, the said Staley flew out into a violent Passion, and made answer, with the addition of other irreverent words, That the King was a great Heretick, there's the heart, and here's the hand, I would kill him my self.

These words being spoken in French, were di∣stinctly understood by two English Gentlemen, that over-heard and saw the said Staley when he spoke them, the door of the Room being open. And this also in the presence of another that did not understand French, to whom the others immediately interpreted the words.

He was endited for Imagining and Contriving the Death of the King.

The Jury were,

• Sr. Philip Matthews,
• Sr. Reginald Foster,
• Sr. John Kirk,
• Sr. John Cutler,
• Sr. Richard Blake,
• John Bifield, Esq
• Simon Middleton, Esq
• Thomas Cross, Esq
• Henry Johnson, Esq
• Charles Umphrevil, Esq
• Thomas Egglesfield, Esq
• William Bohee, Esq

The Witnesses swore the words positively upon him; and the Statute of this Kings Reign making desperate words to be Treason, was read and urged against him. But his defence was weak, while he only endeavoured to evade the Crime, by alledging a mistake of the Expression; as if he had said, I will kill my self, instead of, I will kill him my self. But that shift would not serve; for the Jury soon brought him in Guilty: whereupon he was condemn'd to be hang'd, drawn and quarter'd: which Sentence was upon the 26th of the same month executed according∣ly. So that he had this honour, to be the Popes first Martyr for the Plot. It was his Majesties pleasure, that his Relations should have the di∣sposal of his Quarters, to give them a decent and private burial; but they abusing his graci∣ous favour, with a publick, and more than ordi∣nary funeral Pomp, his buried Quarters were ordered to be taken up, and to be disposed by the Common Executioner upon the Gates of the City.

1678. Next to him, Coleman became the pub∣lick spectacle of his own conceit and Ambition.

He had been committed to Newgate by the Coun∣cil upon the 30th of September, which was the next day after Dr. Oates's first Examination.

He was brought to his Tryal upon the 27th of November, before the Judges of the Kings Bench.

The Jury were,

• Sr. Reginald Foster,
• Sr. Charles Lee,
• Edward Wilford, Esq
• John Bathurst, Esq
• Joshua Galliard, Esq
• John Bifield, Esq
• Simon Middleton, Esq
• Henry Johnson,
• Charles Umphrevile,
• Thomas Johnson,
• Thomas Egglesfield,
• William Bohee.

The general Charge of the Enditement, was for an intention and endeavour to murder the King; for an endeavour and attempt to change the Government of the Nation; for an endeavour to alter the Protestant Religion, and instead thereof to introduce the Romish Superstition and Popery.

The particular Charges were, one or two Letters written to Monsieur Le Chaise, Confessor to the King of France, to excite and stir him up to procure aid and assistance from a Forreign Prince, Arms and Levies of Men. That this Let∣ter was delivered, and an Answer by him received, with a promise that he should have Assistance. That he wrote other Letters to Sr. William Throckmorton, who traiterously conspired with him, and had intelligence from time to time from him.

The main things insisted upon for the Evi∣dence to prove, were first, That there had been a more than ordinary design to bring in the Po∣pish, and extirpate the Protestant Religion.

That the first On-set was to be made by a whole Troop of Jesuites and Priests, who were sent into England from the Seminaries, where they had been train'd up in all the Arts of delu∣ding the people.

That there was a Summons of the principal Jesuits, the most able for their head-pieces, who were to meet in the April or May before, to con∣sult of things of no less weight, than how to take away the Life of the King.

That there was an Oath of Secrecy taken, and that upon the Sacrament. That there were two Villains among them, who undertook that execra∣ble work, for the rewards that were promised them: Money, in case they succeeded; and Masses for their souls, if they perished.

That if the first fail'd, there were also four Irish men recommended to the Caball, men of mean and desperate Fortunes, to make the same attempt, when the King was the last Summer at Windsor.

That Forces, Aids and Assistances were prepa∣red to be ready both at home and abroad, to second the Design.

That Mr. Coleman knew of all this, and encou∣raged a Messenger to carry money down as a re∣ward of those Murderers that were at Windsor.

That there were Negotiations to be maintain'd with publick persons abroad, money to be pro∣cured, partly from friends at home, and partly

beyond Seas, from those that wish'd them well; in all which Negotiations, Mr. Coleman had a busie hand.

That this Conspiracy went so far, that Gene∣ral Officers were named and appointed; and ma∣ny engaged, if not listed: and this not only in England, but in Ireland likewise.

That the great Civil Offices and Dignities of the Kingdom were also to be disposed of, and that Coleman was to have been Secretary of State, and had a Commission from the Superiours of the Jesuits, to act in that Quality. That he had treated, by vertue thereof, with Father Ferrier, and La Chaise, Confessors of the King of France, for the Dissolution of the Parliament, and Extir∣pation of the Protestant Religion: to which purpose, he had penned a Declaration with his own hand, to justifie the Action, when the Parlia∣ment was dissolved.

That he kept intelligence with Cardinal Nor∣folk, with Father Sheldon, and the Popes Inter∣nuntio at Brussels. Lastly, that he kept a Corre∣spondence with Sr. William Throckmorton, to the destruction of the King and Kingdom.

Being arraign'd for these crimes, he insisted to have had Council allowed him; which was deny'd for this reason, for that the proof lay all on the other side; which if it were plain, there would be no need of Council.

As to the proofs of these Crimes by the two Witnesses, Dr. Oates, and Mr. Bedlow, it was first proved by Dr. Oates alone, That there was a ge∣neral Consult or meeting of the Jesuits in April Old Stile, and May New Stile, at the White

Horse Tavern in the Strand, and afterwards they divided into Companies; and in those Consults they conspired the death of the King, and con∣triv'd how to effect it. That to that purpose Grove and Pickering were actually imployed to murder the King, and to pistoll him in St. James's Park. For which Grove was to have 1500 l. in money, and Pickering, being a Priest, thirty thou∣sand Masses, which was computed to be equal to 1500 l. That to this Contrivance and Conspi∣racy, Coleman was privy, and did well approve of the same.

It was also farther prov'd by the same Wit∣nesses, that four Irish men were provided by Dr. Fogarthy, and sent to Windsor, there to make a farther attempt upon the Royal Person of the King: and fourscore Guinneys were provided by Harcourt to maintain the Assassinates at Windsor; and that while this Conspiracy was in Agitation, Coleman went to visit Harcourt at his Lodging; but not finding him there, and being inform'd he was at Wild House, that he went and found him out there: at which time, Coleman asking what provision Harcourt had made for the Gentlemen at Windsor? Harcourt reply'd, that the fourscore Guinneys which lay upon the Table, were for them; and added, that the person in the Room was to carry the money. Upon which, it was farther proved, that Coleman should reply, That he lik'd it very well; and that he gave a Guinney out of his pocket to the Messenger, who was to carry the money to Windsor, to encourage him to expedite the business. It was further sworn by Dr. Oates, That in July last one Ashby a Jesuit,

brought instructions from Flanders to London, that in case Pickering and Grove could not kill the King at London, nor the four Irish men assassinate him at Windsor, that then the sum of ten thousand pounds should be propos'd to Sir George Wake∣man, to poyson the King. In this conspiracy Mr. Coleman was prov'd to be so far concern'd, that by the Letters which pass'd between White∣bread and Ashby, it appear'd that he should say, he thought ten thousand pound was too little, and that he thought it necessary to offer five thou∣sand pound more: which upon his admonition and advice was assented to by the Jesuites. It was also further sworn by Dr. Oates, that he saw Letters from the Provincial at London, to the Jesuites at St. Omers, that Sir George had accepted the Propo∣sition.

The second witness was Mr. Bedlow, who swore, that he was imployed by Harcourt, the Jesuite, to carry Pacquets of Letters to Monsieur Le Chaise, the French Kings Confessor, and that he was at a Consult in France, where the Plot was discours'd on for killing the King; and that he brought back an answer from Le Chaise to Harcourt in London; and that particularly on the 24th. or 25th. of May, 1677. he was at Colemans house with father Har∣court, and some other persons, where Mr. Cole∣man, falling into discourse concerning the design in hand, said these words, That if he had a Sea of blood, and a hundred lives, he would lose them all to carry on the design; and if to this end it were requisite to destroy a hundred Heretick Kings, he would do it. The other part of the evidence consisted of Pa∣pers and Letters, generally relating to prove the

latter part of the Enditement, viz. the extirpa∣tion of the Protestant Religion, introducing Po∣pery, and subverting the Government.

This was plainly proved by a long Letter written by Mr. Coleman, dated Sept. 29. 1675. and sent to Monsieur Le Chaise before named: wherein he gave him an accompt of the transacti∣ons of several years before, and of his correspon∣dence with Monsieur Ferrier, predecessour to the said Le Chaise; wherein he asserted that the true way to carry on the interest of France, and to promote the Catholick Religion in England, was to get the Parliament dissolv'd: which he said, had been long since effected, if three hundred thousand pounds could have been obtained from the French King: and that things were yet in such a posture, that if he had but twenty thousand pound sent him from France, he would be content to be a sacrifice to the utmost malice of his ene∣mies, if the Protestant Religion did not receive such a blow that it could not possibly subsist. The receipt of which Letter was acknowledged by Monsieur Le Chaise, in an answer which he wrote to Mr. Coleman, dated from Paris, Octob. 23. 75. wherein he gave him thanks for his good service in order to the promotion of the Catho∣lick Religion.

Another Letter was produced, dated August 21. 74. written by the prisoner Coleman to the Popes Internuncio at Brussels, wherein he said that the design prospered well, and that he doubted not but that in a little while the business would be managed to the utter ruine of the Protestant party.

Other Letters were brought in Evidence, where∣in he wrote to the King of France's Confessor, that the assistance of his most Christian Majesty was necessary, and desir'd money from the French King to carry on the design.

But there was another without a date, more material than all the rest, written to Monsieur Le Chaise in a short time after his long Letter, da∣ted Sept. 29. 1675. wherein among other things, the Prisoner thus express'd himself. We have a mighty work upon our hands, no less than the Conversion of three Kingdomes, and the utter subduing of a pestilent Heresie, which has for some time domineer'd over this Northern part of the World; and we never had so great hopes of it since Queen Maries days. In the close of which Letter he implor'd Monsieur Le Chaise to get all the aid and assistance he could from France, and that next to God Almighty, they did rely upon the mighty mind of his most Christian Ma∣jesty, and therefore hop'd that he would procure both money and assistance from him. And thus was the latter part of the Enditement fully prov'd up∣on him.

There was another Letter produced against him, which he wrote to Monsieur Le Chaise in French, in the Dukes name, but without his pri∣vity or knowledge, so that when he had the bold∣ness to shew it to the Duke, he was both angry and rejected it. It contain'd several invectives against my Lord Arlington, as being a great op∣poser of the Duke's designs, and the chief pro∣moter of the match between the Prince of Orange and the Dukes eldest daughter the Lady Mary.

As for the long Declaration which he wrote as if he had been an actual Secretary of State, and employ'd by some certain King his Master, to justifie the Dissolution of his Parlament, it was produc'd rather to shew his good intentions to his true Soveraign, and as a circumstance to confirm the rest, than otherwise. To all this Mr. Cole∣man made the slenderest defence imaginable. On∣ly being charg'd that he was at a Consult with the Jesuites and Benedictine Monks in August, at the Savoy, he endeavour'd to prove that he was all that Month in Warwickshire; but his witness, which was but single, not being able to make any positive answer to the questions demanded by the Court, his testimony nothing avail'd him, no more than his cavil with Doctor Oates, that he did not charge him at the Council, with all the matters in the Inditement. For it was fairly prov'd by one of the Clerks of the Council that he charg'd him severely enough to have him com∣mitted to Newgate. And that was sufficient for the Prosecutor to do, till he came to give his full evidence at the Tryal.

As to the Letters, he said they were only in∣tended for the making the King and the Duke as great as could be, as far as he thought it in his power: to which end he desired the Court to con∣sider the contexture and connexion of the things therein contain'd.

After this the Court took notice to the Jury of the Accusation it self, and of the Evidence, which was of two sorts, Letters under his own hand, and witnesses viva voce.

That as to the Letters, he rather made his de∣fence by expounding what the meaning was, than by denying that he wrote them. So that they were to examine what those Letters did import of themselves, and what consequences were na∣turally to be deduc'd from them. However it was the opinion and direction of the Court, that the substance of the long Letter amounted to this; that is so say, to bring in the Romish Catho∣lick Religion, and to establish it here, and to ad∣vance an interest for the French King, be that what it would. That his last Letters did more plainly expound his meaning and intention, that when our Religion was to be subverted, the nati∣on was also to be subverted and destroy'd: In re∣gard there could be no hope of subverting or de∣stroying the protestant Religion, but by the sub∣version, not the conversion of the three King∣domes.

As to the Witnesses viva voce, because the Ju∣ry had heard their evidence, the Court did not insist upon it: only directed the Jury to consider what the Letters did prove the prisoner guilty of directly, and of what by Consequence; what the prisoner plainly would have done, and how he would have done it.

Upon this the Jury withdrew, and after a short stay returning gave up their Verdict, which was Guilty; and so Mr. Coleman was for that day re∣manded back to the prison, with order to the Keeper to bring him the next morning again to the Bar to receive Sentence.

The next day, being the 28th. of November, the Prisoner was again brought to the Bar according

to Order, where being ask'd what he had to say for himself, he insisted as to his Papers upon the Act of Grace. As to the evidence viva voce, he made the same exceptions he had done before, only added that he wanted a book of accompts which had been seiz'd on among his Papers, by which he could invalidate Dr. Oates's testimony, by making it appear he was out of Town all Au∣gust.

To the first it was answer'd that he could have no benefit of the Act of Grace, in regard his Pa∣pers bore date in 74. and 75. since which time there had been no Act made. And as for what he said concerning Mr. Oates, it was urg'd in vain, in regard the Jury had given their Ver∣dict.

The Exhortations which the Court gave him were in short, That whereas he was found guilty of conspiring the death of the King, of endea∣vouring to subvert the Protestant Religion, and to bring in Popery, and this by the aid and as∣sistance of foraign powers, though he seem'd to disavow the matter of the death of the King, he should not therefore think himself an innocent man. For that it was apparent by his own hand, that he was guilty of contriving and conspiring the destruction of the protestant Religion, and the introduction of Popery, by the aid and as∣sistance of foreign powers, from which no man could free him in the least. And though it should be true, that he would disavow that he had not an actual hand in the contrivance of the Kings death, which however two witnesses positively swore against him; yet he was to know, that

he that would subvert the Protestant religion here, and consequentially bring in a foreign au∣thority, did an act in derogation of the Crown, and in diminution of the Kings Title and sove∣raign Power: and made it his endeavours to bring a foreign Dominion both over our Consciences and Estates. So that if any man should endeavour to subvert our Religion, to bring in that, though he did not actually contrive to do it by the death of the King; yet that he was guilty of whatso∣ever follow'd upon that contrivance. He was further exhorted to repentance, which was the only thing that remain'd. And that if he could not with our Church have Contrition, which is a sorrow proceeding from Love, he would at least make use of Attrition, which is a sorrow proceed∣ing from fear. For that he might assure himself, there were but a few minutes betwixt him, and a vast Eternity, where would be no dallying, no arts us'd. And therefore that he should think upon all the good he could do in that little space of time that was left him; which was all little enough to wipe off, besides his private and secret, even his publick offences. He was admonished that Confession was very much practis'd in the Religion which he profess'd, and that he would do well to exercise it; but yet, that as his offence was publick, so should his Confession be. Per∣chance, said the Court, he might be deluded with the fond hopes of having his sentence respited. But he was exhorted not to trust to it, for that he might be flatter'd to stop his mouth till his breath were stopp'd, which it was fear'd he would find by the event.

These friendly and Christian-like Exhorta∣tions being concluded by the Judge, he then proceeded to the final sentence of the Law, which was, that he should be Hang'd, Drawn, and Quarter'd.

The fatal sentence being past, Mr. Coleman offer'd some few things to the Court, the sum of which was this, That he did admire the Charity of the Court, and whereas the Court advised him to Confession, he besought their Lordships to hear him some few words. The Court indeed had the patience to hear him: but what did all his fine words signifie? They contain'd nothing but a florid justification of his own innocency, in opposition to the verdict of his Countrey. A vanity excusable in him whose vanity had been his ruine, and commonly practicable among offend∣ers conceited of their Eloquence, that pride themselves to be accompted Swans, and the sweet singers of their own Epitaphs.

By the Conviction of Staly the malice of the Pa∣pists hearts appear'd, though they conceal'd it with better discretion. By the Conviction of Coleman, the whole nation, and they that doubted most were convinced of the truth of the design. So that upon the 28th. of Novemb. his Majesty was pleas'd toissue forth his Royal Proclamation, wherein he promis'd pardon and 200 l. to any person con∣cern'd in the Plot, that would come in and disco∣ver before the 25. of December. And within two days after his Majesty was also pleas'd to give his Royal assent to an Act, to disable Papists to sit in either Houses of Parliament.

December. All this while Colemans Execution was respited. For as it was verily thought that he could discover much, all endeavours were used to have brought him to a further Confession. But he believing himself sure of a pardon from other hands, would by no means give ear to those, who he had more reason to think had his life at their disposal. And therefore finding that he was ob∣stinate to all propositions of grace and favour, at length order was given for his Execution. It was his misfortune to believe he should have his par∣don to the last moment of his life, even after he was tyed up. But, whoever they were, those whom he thought his best friends deceiv'd him, although to please them, he gave thanks to hea∣ven that he dyed a Roman Catholick, and absolute∣ly renounc'd the knowledge of Sir Edmundbury Godfrey's death: with which asseverations the Executioner did his office, the third of this month. An unhappy Martyr for his cause, if he so thought himself, in this, that he dy'd for those that less pity'd him than those he had so deeply wrong∣ed; and were, as it is verily presum'd, the chief rejoycers, that they were so fairly rid of him.

Had Justice been ready with her prosecution he had not gone alone perhaps, but might have had company to have attended him to his imagi∣nary Paradise. For upon the 15th. of this month, John Grove, William Ireland, and Tho. Pickering, apprehended sometime before by the diligent pur∣suit of the discoverer, were also brought to their Tryals at the Sessions in the Old-Baily.

The Names of the Jury were,

• Sr. William Roberts, Bar.
• Sr. Philip Matthews, Bar.
• Sr. Charles Lee, Knight.
• Edward Wilford, Esq
• John Foster, Esq
• Joshua Galliard, Esq
• John Byfield, Esq
• Thomas Egglesfield, Esq
• Thomas Johnson, Esq
• John Pulford, Esq
• Tho. Ernsby, Esq
• Richard Wheeler, Gent.

The substance of the Indictment, was for con∣spiring and attempting the death of his Sacred Majesty; as also for endeavouring and contriving to alter the Religion established in the Nation, and to introduce Popery in its room.

The particular Charges consisted in the parti∣cular proofs, how every one of these Offenders was particularly concerned for the carrying on, and effecting these designs.

To this purpose it was sworn by Dr. Oates, That Whitebread received a Patent from the Ge∣neral of the Jesuites at Rome, to be Provincial of the Order in these parts, and by vertue of that Commission, sent to St. Omers for several of the Society to make their appearance at London, to the end they might be personally there at a Consult, which was to be held the 24th of April Stilo Veteri. That upon the receipt of the said Summons, the 5th of April Nine of them, of which the Discoverer was one, did come to Lon∣don. That upon the said 24th of April the Con∣sult was held at the White Horse Tavern accor∣dingly; and that the Prisoners at the Bar were there.

That it was there resolved, that Pickering and Grove should go on in their attempt upon the King; for which Grove was to have 1500 l. and Pickering the reward of 30000. Masses. Which Result was also sign'd by the Prisoner Ireland.

That there was an Oath of Secrecy admini∣ster'd at the said Consult by Whitebread, which Ireland took among the rest.

Mr. Bedlow swore, That either in August, or the beginning of September he was at Harcourt's Chamber, where it was resolv'd, that since the Ruffians had miss'd Killing of the King at Wind∣sor, Grove and Pickering should go on; and that one Conyers should be joyn'd with them to assassi∣nate the King in his morning walks at New-mar∣ket, and that Ireland was there also, heard all, and gave his consent.

Against Grove and Pickering it was sworn by Dr. Oates that he saw them several times walking together in the Park, with their screw'd Pistols, which were longer than ordinary Pistols, but shorter than a Carbine.

That they had Silver Bullets, and that Grove would have had the Bullets chew'd, lest the wound should not have prov'd mortal.

That Pickering had once a fair opportunity, but that the flint of his Pistol being loose, he durst not venture to give fire; and that for that negli∣gence of his, he was forc'd to undergo penance, and to receive twenty or thirty strokes of Dis∣cipline.

That Grove did go about with one Smith to ga∣ther Peter-pence.

That Grove confess'd to him, that he with three Irish-men did fire Southwark, for which Grove had 400 l. and the three Irish-men 200 l. a∣piece.

Mr. Bedlow swore against Grove in particular, that in the business of killing the King, he was more forward than the rest, and that he should say, Since it could not be done clandestinely, it should be openly attempted.

As to the reward, he swore it to be the same with Dr. Oates before.

The defence which the Prisoners made, was no∣thing but a bare denyal of the matter of Fact. Only Ireland, being charg'd in Aug. labour'd very much to prove that he was out of Town all that time, though it were re-prov'd by very good circum∣stances, and upon oath for the King, that he was seen in London upon the 12. or 13th. of the same month.

His next defence was a weak reflection upon Dr. Oates's credit, to which purpose an Indict∣ment for perjury never prosecuted, was urg'd against him; but the Attorney General made slight of it, as of a thing that had nothing in it. Neither was that which Sir Dennis Ashbornham said, of greater force, seeing that the irregularities of Children, are no impediment, but that they may prove good men. So that the Endictment being ful∣ly prov'd against them by good witnesses, and the concurrence of the Evidence in every particular, the Jury made no long stay before they return'd, and brought them in all Guilty.

After this the Court adjourn'd till the after∣noon, and then the Prisoners being again brought

to the Bar, were all three condemn'd to be Hang'd, Drawn, and Quarter'd.

While Humane Justice was thus employ'd up∣on Earth, Divine Vengeance was no less active above. No longer could it suffer innocent blood to clamour unreveng'd. And therefore where Bedlow fail'd, much about this time, by a strange accident was Praunce disclos'd, to make out all the rest.

For at what time Fenwick, Ireland, and some others were first apprehended, Mr. Praunce, hap∣pening to be at a Coffee-house, where some Gen∣tlemen were talking somewhat severely against the said Prisoners, zealously and officiously began to speak so favourably in their defence that notice was taken of his words, and as he was told, some in∣formation given against him. To avoid therefore both charge and trouble, he absented himself from his house the next three nights together. After which time, understanding the business was over, he return'd home again and continu'd there as he was wont to do. This happen'd about a fortnight before Sir Edmundbury was murther'd. Yet upon this occasion, so providence order'd it, was he twelve weeks after apprehended and call'd in question. For it chanc'd that one of his neigh∣bours and he fell out, who having got some intima∣tion that Mr. Praunce lay out of his house three nights one after another, began to question whe∣ther those three nights might not be the night that Sir Edmundbury Godfrey was kill'd, and those that follow'd: And upon this bare surmise or presumpti∣on, that had no ground or bottom in the world, that either he or any that he knew, were guilty

or any way concern'd in the fact, a warrant was obtain'd from the Lords of the Council, to ap∣prehend Mr. Praunce, and to take him into a strict examination. Being thus taken by vertue of the warrant, he was first carry'd into the Lobby of the House of Commons, where Mr. Bedlow, whom he knew not, as being a person that had seen him but once before, that is to say, between the Murther and the carrying forth of the Corpse, but then taking some little notice of him, knew his face again, and positively charg'd him to have been concern'd in the murther, whereupon he was examin'd and committed to Newgate the 21st. of this month. Within two days after, he made a full discovery upon Oath, impeaching Fits-Girald, Kelly, Hill, Berry and Green. Green was before in the Gate-house for refusing the oaths. Hill and Berry were presently apprehended. But the cun∣ning Priests got away.

Upon the 24th. he was carried before the King and Council, to whom he gave a faithful and par∣ticular accompt of all the circumstances of the Murther. Which because it contain'd so many descriptions of benches, doors, entries and rooms, his Majesty was pleas'd to order the Duke of Mon∣mouth, the Earl of Ossory, the Earl of Clarendon, and Sir Robert Southwell to go with the prisoner, and take his Examination upon the place. At which time he gave such an exact accompt of the places which he had mention'd before, viz. the very spot upon which the murther was commit∣ted: where he himself, where Berry stood, as also the door, stairs, dark entry, &c. menti∣on'd in the Narrative, that his Majesties Com∣missioners

return'd very well satisfy'd with the truth of his Relation and Confession.

True it is that Mr. Praunce did afterwards seem to retract by a bare affirmative, what he had for∣merly confess'd upon Oath, saying before the King and Council, That he was innocent, and the rest whom he had accus'd were also innocent. But these words were extorted from his own fears and con∣sternation, that set before his eyes the danger of his life, and the undoing of his wife and family. For he had no sooner done it, but his Conscience troubling him above all those considerations, he recoyl'd from those false assertions, and so stre∣nuously and regularly maintain'd the Truth to which he had sworn, by an addition of farther discoveries, that the King was pleas'd with his own Lips to assure him of his Pardon, which was afterwards delivered to him in due form under the Great Seal.

Kelly was afterwards taken up by the name of Daniel Edmunds, in some place in Surrey, and sent to the Marshalsea for refusing the Oaths; but be∣ing deeply sensible of the danger he was in, he so wrought upon the Poverty of that place, that he procur'd bail for ten shillings apiece, and got away this very Month, before his true name of Kelly was known.

Much about this time the Parliament took into their serious consideration certain transactions of the Earl of Danby, then Lord High Treasurer, and after a strict Scrutiny into the business, upon the 19th. of this Month, resolved, that there was sufficient matter of Impeachment against him, and order'd a Committee to draw up the Articles,

and to receive any further Informations or Evi∣dence that should come in.

Within two days after several Articles of Im∣peachment were brought into the House, seve∣rally put to the Question and agreed upon; the same day they were order'd to be engross'd; and votes further pass'd that the said Earl should be sequester'd from Parliament, and com∣mitted to safe Custody. Which that it might be the sooner effected, they sent up Sir Henry Capell with the Articles to the Lords, who accor∣dingly went and deliver'd them to the Chancel∣lour in a full assembly of that house, but the house being prorogued at the latter end of the Month till the 4th. of February, nothing more was done for that Sessions.

However before they were prorogu'd they pass'd several resolves for impeaching the five Lords in the Tower, of Treason and other high Crimes and Misdemeanors; and the same day, which was the 5th. of this month, the five seve∣ral Impeachments were carry'd up to the Lords, and a Committee appointed to draw up Articles against the parties impeach'd; to which purpose the said Committee was impowr'd to inspect the Journals, and consider of Presidents for Impeach∣ments.

In the Lords House, so soon as the Articles against the Earl of Danby were exhibited, he him∣self desir'd copies of all papers and proceedings; nevertheless it was then resolv'd, that at that time he should not withdraw. Thereupon the said Earl, toward the latter end of the month, having still his liberty, mov'd again in the Lords

House, that he might have a copy of his charge, and that he might not long lye under it. Upon which a Motion follow'd, that the House would consider of the desire of the House of Commons, touching his confinement. Thereupon it was the next day resolv'd, that he should not be confin'd as then: and that he should have a copy of the Articles, to which he was appointed to bring in his answer before the third of January.

And as to the Lords concern'd in the Conspira∣cy, it was referr'd to the Lords of the Committee for priviledges, to consider the state of the Im∣peachments, and of all the incidents thereunto relating, and to make their report; which is the sum of what was done in reference to these matters, till the sitting of the new Parliament, of which more in due place.

As yet the stress of the discovery lay upon Dr. Oates, and Mr. Bedlow, but this month came in the substantial assistance of Mr. Dugdale, who up∣on the twenty fourth of this month submitted himself to the examination of Mr. Lane, and Mr. Vernon, two of his Majesties Justices of the Peace for the County of Stafford.

Nor is it to be omitted that among the rest of the Discoveries about this time made, Lower Comes in Herefordshire was detected to be a Col∣ledge of Jesuites; and was let them at a low rent by one Hutton of St. Giles's, Merchant, for one and twenty years, which lease was witness'd by William Ireland, Fenwick and Groves.

The House was contriv'd for the purpose, with lodging Chambers and Studies, and seated with all the privacy imaginable, at the bottom of a

rocky and woody Hill. There were found in the house several Popish Books, a Box of white Wa∣fers stamp'd, several Popish Pictures and Cruci∣fixes, some Reliques, a little Saints-bell, and an Incense pot. Soon after one Father Lewis was taken near the same place and sent to Monmouth Jail. He had couzen'd a poor maid of all the Money she had in the world, to the value of 30 l. and made her give him a bond and confess a judge∣ment to him for payment of the said money up∣on a pretence of praying her Fathers Soul out of Purgatory.

January 1678. Toward the beginning of this month the Earls of Salisbury and Clarendon were sworn of his Majesties Privy Council. Nei∣ther do we find the beginning of it signaliz'd with any transaction of remark, till the Executi∣on of Ireland and Grove, for Pickering had a fur∣ther reprieve till May, 1679. The other two were both hang'd, drawn, and quarter'd, accor∣ding to the Sentence pronounc'd against them, up∣on the 24th. of this Month.

The last words of Ireland were mainly taken notice of, and there were some whose Charity was almost deluded to believe him, hearing those imprecations of Damnation which he made to impose upon the world that he was not in Town all August, and consequently that the witnesses had sworn falsly against him. Yet after all these solemn Imprecations to advance his own and de∣press the credit of the Kings witnesses; as if his Salvation depended upon his giving a meritori∣ous sparring blow to the Kings Evidence at his departure, after all these Imprecations I say,

that he was absent in Staffordshire from the fifth of August till the fourteenth of September, in comes one Mr. Jenison, a person of worth, and credit, and positively deposes upon oath that he saw Mr. Ireland at his Chamber at the Hart in Russel street upon the nineteenth day of August, being then newly return'd from Windsor. He further depos'd, that after a short salute, Mr. Ire∣land ask'd him what news at Windsor, and how the King spent his time? To which when Mr. Jenison answer'd, that the King spent his time in Hawking and Fishing, & went very thinly and meanly guard∣ed, the Old Priest reply'd, that then it would be an easie thing to take him off. A circumstance so re∣markable, and consequently so convincingly appa∣rent, that many doubters were very well satisfy'd to see it, finding the credit of the traduc'd wit∣nesses so well supported, and such a slur put upon all the vows and protestations of a sufferer so desperately engaging heaven in the defence of his untruths.

Much about this time his Majesties Forces that had been recall'd out of Flanders, began to return again into England. But that which was the nine days wonder of the whole Nation was the disso∣lution of the second long Parliament, which had been continu'd by Prorogations and Adjourn∣ments from the eighth day of May, in the 13th. year of his Majesties reign, and was lastly pro∣rogu'd till the fourth of February, in the twenty fourth year of his Majesties Government, with an intention to have met again.

By this Proclamation his Majesty did publish and declare his Royal will and pleasure to dissolve

the present Parliament, and that he did dissolve the same accordingly. However to the intent his Majesties Loyal Subjects might perceive his confidence in their good affections, and how de∣sirous his Majesty was to meet his people, and have their advice by their representatives in Par∣liament, His Majesty was also pleas'd to declare, that he would forthwith issue out his Writs for calling a new Parliament, to be holden at West∣minster on Thursday the sixth of March, 1678/9. And thus if it might be thought to be a wound, he that gave it, at the same time heal'd it; and stopp'd as well the Insinuations as the Clamours of disaffected male-contents.

Toward the latter end of this month the middle Temple happen'd to be fir'd, though whether on purpose or by accident is yet undetermin'd: this is certain, that had it gone on, it had destroy'd one of the most stately Piles of Law in the whole world.

February, 1678. January having thus made its Exit, February succeeds, remarkable in the first place, for the change of the Secretaries of State. For Sir Joseph Williamson having resigned the Seals of the Secretaryship into his Majesties hands, the right honourable Robert Earl of Sunderland, was sworn into his room.

Not long after several Queries were presented to his Majesty in Council by the Justices of the Peace for the County of Middlesex, in order to their proceeding as to Papists, and Popish Recusants.

1. Whether Foreigners, Popish Recusants, that are and have long been settl'd House-Keep∣ers, following employments for their own advan∣tage, as Chirurgions, Taylors, Perriwig-ma∣kers,

&c. but not otherwise Merchants, though certifi'd to be Merchant strangers, shall be excus'd from taking the Oaths, or giving sureties?

2. Whether such Foreigners being certifi'd by Embassadours, or other foreign Ministers to be their Servants, should be excus'd?

3. Whether Foreigners, Popish Recusants, settl'd as House-keepers, but neither Tradesmen, Travellers, or Foreign Ministers Servants, shall be excus'd?

4. Whether Native subjects of our Soveraign Lord the King, that are Menial servants of Fo∣raign Ministers, shall be excus'd?

5. Whether married women, being Popish Recusants, but their Husbands Protestants, shall be excus'd?

6. Whether Popish Recusants that have taken the Oaths, found Sureties, have appear'd, and are convict, shall find Sureties, or be continu'd over?

These Queries were by his Majesty referr'd to the Judges, who return'd an answer in writing that they had met and consider'd of the Questions propos'd, and gave it for their Opinions:

1. That Foreigners, being Popish Recusants, and exercising ordinary Trades, but not Mer∣chants, were not excus'd from taking the Oaths, or finding Security.

2. That Foreigners, though certifi'd by Em∣bassadors to be their servants, except they were their menial servants, were not excusable.

3. That Foreigners, though settl'd House∣keepers, being no Travellers, or Foreign Mini∣sters servants, were not to be excus'd.

4. That the Kings native Subjects were not excus'd from taking the Oath, by being menial servants to Foreign Ministers.

5. That they found no Law to excuse a Feme covert, being a Papist, from taking the Oaths, though her Husband were a Protestant.

6. That a Popish Recusant, having taken the Oaths, was not bound to find new Sureties, un∣less, upon a new tender of the Oaths, he should refuse to take them.

This report and opinion of the Judges his Ma∣jesty was graciously pleas'd to approve, and there∣upon an Order was made, That the Justices of the Peace in their several precincts, should in the execution of their duties, touching these parti∣culars, take notice of the Judges opinions, and conform themselves thereto.

And whereas his Majesty had receiv'd a com∣plaint in Council, that several Justices of the Peace in several Counties, Cities and Liberties, notwithstanding the many Proclamations issu'd forth for the security of his Majesties person against the Plots of the Papists, did refuse and neglect to put the same in execution; It was there∣fore about this time order'd in Council, That all his Majesties said Justices of the peace should with all care and diligence pursue his Majesties com∣mands in the execution of the premises; with further directions also to the Lord Chancellor, forthwith to put out of Commission all such as should refuse or neglect their duty, as persons disaffected to his Majesties Government, and the Protestant Religion.

Yet notwithstanding all this publick diligence, the Papists were still in the very face of counter∣manding Authority, no less active to under∣mine the very Plot it self, and utterly to extir∣pate the very proofs and evidence of the dis∣covery.

For one James Nettervile, formerly a Clerk in the Court of Claims in Dublin, being at this time a prisoner in the Marshalsea, sent for an acquain∣tance of his, one Captain John Bury, an Irish Gentleman, and there communicated to him a great design of the Papists, to turn the Plot ano∣ther way, that is to say, to turn the Plot upon the Protestants for the destruction of the Papists. To effect this, the said Nettervile propos'd to the Captain, that he would swear to such and such heads as should be drawn up for him, to discredit and invalidate the testimony of Dr. Oates, in refe∣rence to the Plot, and that for his reward he should have 500 l. to be deposited in a third hand by one Russel, for better security, to be paid him imme∣diately upon his doing the business. This design was manag'd by the same Russel, a rank Papist, and an Irish man. But it seems they made their addresses wrong; For such was the fidelity and loyalty of the Captain to his Prince, that he made a timely discovery of the contrivance, and so spoyl'd the Market of those Traders in Subor∣nation.

What this piece of subtilty meant, may be easily conjectur'd; but this was more observable, that a little before this discovery, several persons by these very people appointed, were at the houses of certain eminent Presbyterians in London, to

pray their charitable Contributions toward the maintenance of Mr. Oates and Mr. Bedlow, falsly pretending that the Kings allowance was not suf∣ficient for their support. But the parties to whom they made their application, smelling the cheat, slighted their charitable diligence, and sent them away empty. And indeed who knows what use they might have made of it, had those persons encourag'd their design?

In the mean time, that is to say, upon the fifth of this month, Robert Green, Henry Berry, and Lawrence Hill, were brought to their Tryals at the Kings Bench Bar, for the Murther of Sir Ed∣mundbury Godfrey.

The names of the Jury were,

• Sir William Roberts,
• Sir Richard Fisher,
• Sir Michael Heneage,
• Sir Thomas Bridges,
• William Avery,
• Charles Umphrevile,
• John Bathurst,
• Richard Gowre,
• Thomas Hensloe,
• John Sharp,
• John Haynes,
• Walter Moyle, Esquires.

The general Indictment was for the murther of Sir Edmundbury Godfrey, one of his Majesties Justices of the Peace for the County of Middle∣sex, the manner of which Murther has been al∣ready related, as also the reasons for which they did it.

The stress of the Evidence lay upon Mr. Praunce, who swore in general, that he met the Murtherers, in reference to the carrying on their work, several times at the Plough Ale-house near Somerset-house; that Girald and Kelley seduc'd him

and inveigled him into the Conspiracy. That Hill, Girald and Green dogg'd him all Saturday from his first going out. That at night they lodg'd him in a house in St. Clements. That at his coming out from thence, Hill ran before and gave the rest notice; and then went and stay'd for his coming by. That it was Hill that perswaded him to follow him into the yard, under pretence of a quarrel. That it was Green who threw the twist∣ed Handkerchief about his neck; and that then Hill, Girald and Kelley came in to Green's assi∣stance, pull'd the Gentleman down, and help'd to throttle him, while Berry and Praunce watch'd the avenues into the yard. And that Green after∣wards for the more sure dispatch, wrung his neck round.

That after the Murther was done, all the six actors carried the body into Hills Lodgings. That when the body was to be remov'd from Somerset-house, which was on the Wedsnesday night following, Praunce and Girald were the first that carry'd the Sedan, and were reliev'd by Green and Kelley. That at Soho, Hill met them with the horse; that there they all mounted the dead body, by forcing the leggs open, upon the said horse; that Hill rode behind, and that Green, Kelley and Girald walk'd by, till they came to the place where the body was thrown.

It was farther sworn by Mr. Praunce, that after all this, Girald met several persons at Bow, name∣ly, Luson, Vernatti, Dethick, and one more, and there rejoyc'd together for the cleverness of the Murther committed, and the good fortune they had had for the disposal of the Body.

Mr. Bedlow swore, That after the said Sir Ed∣mundbury Godfrey was murther'd, he met one Le Faire a Priest, in the Cloysters of Somerset∣house by appointment, and that the said Le Faire carry'd him into a Room, where were several per∣sons looking upon the body, by the help of a Candle and Lanthorn, and that at that time, he also among the rest saw Sir Edmundbury Godfrey lye dead, and that he knew him as he lay.

This Evidence was also fortifi'd by several other circumstances. By the Constable who found the body in the same posture they themselves re∣ported they had left it. By the master of the Plough and his servant, who confirm'd the several meet∣ings of the Murtherers at the same house. And by Sir Edmundbury's maid, who sware to the enqui∣ries made for her Master at his house by Green and Hill.

In answer to these facts, thus made out, Hill defended himself, by affirming that Mr. Praunce had perjur'd himself, by denying or recanting what he had sworn before the King; but that was over-ruled by the Court, for that Mr. Praunce's first Impeachment of the Conspirators was done upon oath, and his recantation but on∣ly a bare denyal.

Green brought his witnesses to prove that he was constantly at home by nine of the clock at night, and never stirr'd after that out of the house, and that such a thing could not be done in the house but they must know of it: but because they did not exactly make out what they averr'd, there was no credit given them.

The most considerable testimony was that which Berry produc'd, which was that of the Sen∣tinels who kept the Guard; one of which stand∣ing at the Gate from ten to one at night, averr'd that he saw no Sedan let forth. But in regard the Sentinels could not be so positive but that they might be mistaken by reason of the darkness of the night, and privacy of the conveighance, their Evidence was not thought substantial.

It was further urg'd by Hill, that Mr. Praunce had been tortur'd to make him confess what he did. But Mr. Praunce, upon his oath, ut∣terly deny'd any such thing, affirming that the Keeper had us'd him with all civility, from his first commitment. So that the evidence for the Prisoners, being so far from overpowring the testimony for the King, that it was in no measure able to ballance it, the Jury soon found them all guilty; upon which they severally re∣ceiv'd sentence to be hang'd. The execution of which sentence follow'd upon the twenty first en∣suing.

March. 1678/9. But now the time of the new Parliaments sitting drawing near; toward the beginning of this month, his Majesty, that he might remove all fears and jealousies out of the minds of his subjects, thought meet to com∣mand his Royal Highness to absent himself for a time.

Who thereupon in obedience to his Majesties pleasure, together with his Dutchess, took leave of his Majesty upon the third of March, and after a short visit to his Daughter, the Princess of Orange in Holland, retired to Bruxells in Flanders.

He was no sooner departed, but the Parlia∣ment, which had been so lately summon'd before, met according to the time appointed at Westmin∣ster. So soon as they were ready, the King went in his Barge to Westminster, and there in a Graci∣ous Speech, upon which the Chancellour after∣wards enlarg'd, His Majesty acquainted both Houses what he himself expected, and what the Countrey stood in need of, from their Unanimous and Prudent Consultations.

The Speeches being ended, the Commons re∣turn to their House, and choose again the Speak∣er of the last Parliament, Mr. Edward Sey∣mour.

This choice occasion'd their Prorogation from the twelfth to the fifteenth of the same month, at what time, being met, again they chose Sergeant Gregory, and caus'd him to take the Chair.

Before they fell upon business, the members were all severally sworn and took the Test, and being so cemented together, they fell first upon the further prosecution of the Plot, already dis∣cover'd to the Parliament, not long before dis∣solv'd.

In reference to which affair, Dr. Tong, Dr. Oates, and Mr. Bedlow were summon'd to attend them, and to give their Informations. Upon their appearing Dr. Tong gave a long Narraton, which because it was tedious, they further desir'd in writing. Dr. Oates read his own depositions, and when he had done, made a complaint of some discouragements which he had receiv'd from some of the Members. The complaint fell more severe∣ly upon one of them, who having spoken some

words in contempt of the Truth of the Plot, was sent to the Tower and expell'd the House, but soon after upon his modest Petition discharg'd from his imprisonment.

But whatever particular persons thought of the Plot, the House of Commons were so well satis∣fy'd, that they appointed a Committee of Secre∣sie to take Informations, prepare Evidences; and draw up Articles against the Lords, suspect∣ed to be therein concern'd.

By way of further prosecution also, it was re∣solv'd, that an humble address should be made to his Majesty, that all the papers and writings relating to the discovery of the Plot, and parti∣cularly such papers and writings which had been taken since the prorogation of the last Parliament, might be deliver'd to the Committee of Secresie appointed to draw up Articles against the said Lords. To which his Majesty was pleas'd to return for Answer, that those papers and examinations were deliver'd to the Committee of the Lords, from whence they should be sent to their Com∣mittee so soon as the Lords had done perusing them.

In the midst of these transactions, they forgot not the Earl of Danby. For upon the twentieth of this month, they sent to the Lords to put them in mind of the Impeachment of High Treason ex∣hibited against him, in the name of the Commons, and to desire that he might be forthwith commit∣ted to safe custody.

In answer to which, at a Conference of both Houses, the Duke of Monmouth, acquainted them in the behalf of the Lords, That their Lordships

having taken into consideration matters rela∣ting to the Earl of Danby, together with what his Majesty was pleas'd to say upon that Subject, had order'd that a Bill should be brought in, by which the said Earl should be made for ever inca∣pable of coming into his Majesties presence; and of all Offices and Employments; and of receiving any gifts or grants from the Crown, and of sitting in the House of Peers.

In the mean time the Commons having appoin∣ted a Committee, to enquire into the manner of the suing forth the said Pardon, made their re∣port, that they could not find the entry of any such Pardon in either of the Secretaries Offices, nor in the Offices of the Signet or Privy Seal, but that they found it to be a Pardon by Crea∣tion.

Thereupon the Commons send another Mes∣sage to the Lords to demand Justice, in the name of the Commons of England, against the said Earl, and that he might be immediately se∣quester'd from Parliament, and committed to safe custody.

To which the Lords return'd, that they had order'd, before the coming of their last message, the Gentleman Usher of the Black Rod forthwith to take the said Earl into custody.

Soon after the Lords sent another Message to acquaint the Commons, that they had sent both to Wimbleton, and to his house in Town, to ap∣prehend the said Earl, but that the Gentle∣man Usher of the Black Rod could not find him.

April. 1679. Thereupon the Commons order'd a Bill to be brought in, to summon the said Earl to render himself to Justice by a day to be therein limited, or in default thereof to attaint him. Which Bill, having pass'd the House, was sent up to the Lords for their concurrence.

In the mean time the Lords had prepar'd a milder act of their own for the banishing and dis∣abling the Earl of Danby; which being rejected by the Commons, the Lords desir'd a conference, at which they deliver'd back the Bill of attainder, choosing so to do by conference, rather than by message, to preserve a good understanding, and to prevent Controversie between the two Houses. And to shew the reason why they insisted upon their own amendments of the Bill for attainder, it was urg'd, that in regard the King had always in his reign been inclin'd to mercy and clemency to all his subjects, the first interruption of his cle∣mency ought not to proceed from his two houses.

This being reported, an humble address to his Majesty was presently resolv'd upon, to issue out his Royal Proclamation for the apprehending the Earl of Danby, with the usual penalties upon those that should conceal him, and that his Maje∣sty would be also pleas'd further to give or∣der to the Officers of his Houshold, that they should take care that the said Earl should not be permitted to reside within any of his Maje∣sties Palaces of White-hall, Somerset-house or St. James's.

While this address was preparing, the Com∣mons consider'd of the amendments made by the

Lords to the Bill of attainder; to some of which they agreed, but to others they refus'd to give their consent, finding a bill of attainder converted into a Bill of banishment. For it was alledg'd in point of reason, that Banishment was not the Legal Judgement in case of High Treason. And that not being so, the Earl might make use of the Remission of his Sentence as an Argument, that either the Commons were distrustful of their Proofs, or else that the crimes were not in them∣selves of so high a nature as Treason. Besides, that the example of this would be an encou∣ragement to all persons that should be hereafter impeach'd by the Commons, to withdraw them∣selves from Justice, hoping thereby to obtain a more favourable sentence in a Legislative way, than the Lords would be oblig'd to pass upon them in their judicial capacity.

The same day in the afternoon, which was the 8th. of the present month, both Houses had another conference upon the same Bill, which the Lords assur'd the Commons they had desir'd not so much to argue and dispute, as to mitigate and re∣concile, having observ'd that the debates of this Bill, had already given too great obstru∣ctions to publick business. To this end the Lords propounded, That if there might be a way found to satisfie and secure the publick fears, by doing less than what was propos'd in the Bill, they did not think it advisable to insist upon the most rigorous satisfaction that publick Justice could demand.

To induce them to this complyance, the Lords acknowledg'd, that Banishment was so far from

being the Legal Judgement, in case of High Treason, that it was not the Legal Judgement in any case whatsoever; as not being ever to be inflicted, but by the Legislative Authority. How∣ever they saw no reason, why the Legislative Authority should always be bound to act to the utmost extent of its power, in regard there might be a prudential necessity sometimes of making abatements, and might prove of fatal consequence, should it not be so.

Therefore the Lords, to remove all jealousies of Presidents of this kind, did declare that no∣thing done in the Earl of Danby's case should be drawn into consequence for the time to come, and that they would so enter it upon their journal Book.

Nevertheless the Commons would not agree, but sent to the Lords for a free Conference, up∣on the subject matter of the last. Which be∣ing had, and the members that manag'd the same, being order'd to draw up the substance of the matters which were fit to be enter'd, that pass'd at the said free Conference; the Lords de∣sir'd, the same day, a present free Conference up∣on the subject matter of the last free Confe∣rence.

In this Conference the Lord Privy Seal that manag'd it, declar'd that the Reasons of the Commons for passing the Bill as they propos'd, were unanswerable, and that therefore the Lords were content to make the Bill absolute, without giving the Earl of Danby any day to appear, and the penalties to continue.

Further it was by him observ'd, that the Lord impeach'd, would not only be ruin'd by the pas∣sing of this Bill, together with his family, but those acquisitions also, which he got by marri∣age into a Noble Family, would be all lost.

Neither did he forget to intimate, That if the House of Commons would have any other Penal∣ties added to the Bill, the Lords would leave it to them, so that they did not run to the abso∣lute obstruction of the Lord Impeach'd.

Taking notice withal, that though all the reason and justice were of the Commons side, yet in a Legislative Capacity, they were to consi∣der of Circumstances in relation to the pub∣lick good. And then proceeding, he told the House of Commons, that in the transactions of this affair, they had gain'd two great points.

That Impeachments made by the Commons in one Parliament, continu'd from Session to Ses∣sion, and from Parliament to Parliament, not∣withstanding Prorogations or Dissolutions.

And Secondly, In cases of Impeachment, up∣on special matter shewn, if the modesty of the party impeach'd did not direct him to withdraw, the Lords did admit that of right they ought to order him to with∣draw, and that afterwards he must be com∣mitted.

Another Observation was made by his Lord∣ship, that a Member of the House of Commons made mention of the Earl of Clarendons case, but in regard that case was general, and no special matter shown, it was not like this. So that he did not understand that the Lords intended to

extend the point of Withdrawing and Commitment to General Impeachments without special matter alledg'd. For that if it should be otherwise, many of the Lords might be pick'd out of their House of a sudden.

To this the Earl of Shaftsbury reply'd, that they were as willing to be rid of the Earl of Danby as the Commons; and first, as to the right of the Commons, the Lords did agree that it was their right, and well warranted by Presidents of former ages. And as to the distinction made, where the Impeachments were General, and spe∣cial matter alledg'd, there was no order given to make any such distinction, for that General Im∣peachments were not in the case. The same was affirm'd by the Duke of Monmouth, and the Lord Falconbridge, and that the Earl of Shaftsbury was in the right, and deliver'd the true sense of the Lords. And as to that expression, That the Lords would not draw into example the proceed∣ings of the Earl of Danby, but would vacate them, the Lords intended that only to the points of not∣withdrawing and not-committing.

The said Earl likewise insisted that the way then propos'd, would be a means to have the Bill pass, for that the Commons might have other penalties, if they pleas'd, as Confiscation of Estate. And notwithstanding they had no particular order to mention Honours, yet by the general words he thought them included: So that if they were insisted on by the Commons, he knew not but that they might be agreed to be in∣serted in the Bill.

Therefore the Commons were desir'd to consi∣der, that there were more weighty reasons, bet∣ter understood than express'd, that prov'd it ne∣cessary for the good of the publick, that the Bill should pass.

The Commons made this reply, that they hop'd the Lords did not think they took it as if they had then gain'd any point; for that the points mention'd by the Lords as gain'd, were nothing but what was agreeable to the ancient methods of Parliaments.

After this a free Conference being desir'd up∣on the subject matter of the last free Conference, the Bill was left with the amendments in the Lords hands.

Whereupon the Lords desiring another free Conference upon the subject matter of the last, the Lords declar'd, that they hop'd that would be the concluding Conference, having agreed to the Bill without further amendments, and therefore desir'd the concurrence of the Com∣mons.

Thus at length the Commons agreed to the amendments made by the Lords, and sent a message to acquaint the Lords therewith. This was done upon the fourteenth day of this month. But upon the sixteenth a Message was sent by the Lords to acquaint the Commons, that the night before, the Earl of Danby had render'd himself to the Gentleman Usher of the Black Rod, and that being call'd to the Bar, they had sent him to the Tower.

Thereupon a Committee was appointed to prepare and draw up further Evidence against

him, and such further Articles as they should see cause.

Soon after his Majesty was pleas'd to dissolve his Privy Council, and to make another, consist∣ing of no more than thirty persons. And for the management of the Treasury, and Navy, five Commissiones were appointed for the Trea∣sury, and seven for the Admiralty.

Then the Commons took into consideration the disbanding of the Army; and having voted a supply of 264602 l. 17 s. 3 d. to that intent, they then voted, that Sr. Gilbert Gerrard, Sr. Thomas Player, Coll. Birch, and Coll. Whitley, should be Commissioners to pay the disbanded forces off.

But now to return to the Earl of Danby: upon the 25th. of this month, a message was sent by the Lords to acquaint the Commons, that the said Earl had that same day personally appear'd at the Bar of their House, and had put in his plea to the Articles of Impeachment against him. The Articles were these, as they were de∣liver'd into the House of Lords in the name of the Commons of England, by Sir Henry Capel, Decem∣ber 23. 1678.

I.

That he had traiterously encroacht to himself Regal Power, by treating in matters of Peace and War with Foreign Ministers and Embassa∣dors, and giving instructions to his Majesties Em∣bassadors abroad, without communicating the same to the Secretaries of State, and the rest of his Majesties Council; against the express Declara∣tion

of his Majesty in Parliament, thereby in∣tending to defeat and overthrow the provision that has been deliberately made by his Maje∣sty and his Parliament, for the safety and pre∣servation of his Majesties Kingdoms and Domi∣nions.

II.

That he had traiterously endeavour'd to sub∣vert the ancient and well-establish'd form of Go∣vernment of this Kingdom, and instead thereof to introduce an Arbitrary and Tyrannical form of Government; and the better to effect this his purpose, he did design the raising of an Army, upon pretence of a war against the French King, and to continue the same as a standing Army within this Kingdom: and an Army so rais'd, and no war ensuing, an Act of Parliament having past to disband the same, and a great sum of money being granted for that end, he did conti∣nue the same, contrary to the said Act, and mis-imploy'd the said money given for the dis∣banding to the continuance thereof, and is∣sued out of his Majesties Revenues great sums of money for the said purpose, and wilful∣ly neglected to take security of the Pay-ma∣ster of the Army, as the said Act required, whereby the said Law is eluded, and the Army yet continued, to the great danger and unne∣cessary charge of his Majesty and the whole Kingdome.

III.

That he, trayterously intending and designing to alienate the hearts and affections of his Maje∣sties good Subjects from his Royal Person and Government, and to hinder the meeting of Par∣liaments, and to deprive his Sacred Majesty of their safe and wholsom counsel, and thereby to alter the constitution of the Government of this Kingdom, did propose and negotiate a peace for the French King, upon terms disadvantagious to the Interest of his Majesty and Kingdom. For the doing whereof he did procure a great sum of mo∣ney from the French King, for enabling him to maintain and carry on his said traiterous designs and purposes, to the hazard of his Majesties Per∣son and Government.

IV.

That he is Popishly affected, and hath traite∣rously concealed, after he had notice, the late horrid and bloody Plot and Conspiracy contriv'd by the Papists against his Majesties Person and Government, and hath suppress'd the Evidence, and reproachfully discountenanc'd the Kings Witnesses in the Discovery of it, in favour of Popery, immediately tending to the destruction of the Kings Sacred Person, and the subversion of the Protestant Religion.

V.

That he hath wasted the Kings Treasure, by issuing out of his Majesties Exchequer, several branches of his Revenue, for unnecessary Pensi∣ons and secret services, to the value of 〈…〉〈…〉 within two years, and that he hath wholly diver∣ted out of the known method and Government of the Exchequer one whole branch of his Ma∣jesties Revenue to private Uses, without any ac∣compt to be made of it to his Majesty in his Ex∣chequer, contrary to an express Act of Parlia∣ment which granted the same. And he hath re∣moved two of his Majesties Commissioners of that part of the Revenue for refusing to consent to such his unwarrantable actings therein, and to ad∣vance money upon that branch of the Revenue for private uses.

VI.

That he hath by indirect means procured from his Majesty to himself divers considerable gifts and Grants of Inheritances of the ancient Reve∣nues of the Crown, contrary to Acts of Parlia∣ment.

For which matters and things the Knights, Citizens and Burgesses of the Commons in Parlia∣ment, do in the name of themselves, and of all the Commons of England, impeach the said Tho∣mas Earl of Danby, Lord High Treasurer of En∣gland, of High Treason, and other high Crimes,

Misdemeanors and Offences, in the said Articles contained. And the said Commons, by Prote∣station saving to themselves the liberty of exhibi∣ting at any time hereafter any other accusation or Impeachment against the said Earl, and also of replying to the answers of which the said Tho∣mas Earl of Danby shall make to the Premises, or any of them, or any Impeachment or Accusation which shall be by them exhibited, as the cause ac∣cording to proceedings of Parliament shall re∣quire, Do pray that the said Thomas Earl of Danby may be put to answer all and every the Premises, that such proceedings, Tryals, Exa∣minations and Judgements, may be upon them, and every one of them had and used, as shall be agreeable to Law and Justice, and that he may be sequester'd from Parliament, and forthwith committed to custody.

To these Articles the Earl of Danby soon after put in his Plea, as follows.

The Plea of the Earl of Danby, late Lord high Treasurer of England, to the Articles of Impeachment, and other High Crimes, Misdemeanors and Offences, Ex∣hibited against him by the name of Thomas Earl of Danby, Lord High Treasurer of England.

THE said Earl for Plea saith, and humbly of∣fers to your Lordships, as to all and every the Treasons, Crimes, Misdemeanors and Of∣fences contained or mention'd in the said Articles, That after the said Articles exhibited, namely the first of March now last past, the Kings most excellent Majesty, by his most gracious Letters of Pardon under his great Seal of England, bear∣ing date at Westminster the said first day of March, in the one and thirtieth year of his Majesties reign, and here into this most High and Honourable Court produc'd under the said great Seal, of his special Grace, certain Knowledge, and meer Moti∣on, hath pardon'd, remised, & released to him the said Earl of Danby all and all manner of Treasons, Misprisions of Treasons, Confederacies, Insur∣rections, Rebellions, Felonies, Exactions, Op∣pressions, publications of words, Misprisions, Confederacies, Concealments, Negligences, Omissions, Offences, Crimes, Contempts, Mis∣demeanors and Trespasses whatsoever, by himself done, or with any other person or persons: or by

any other, by the command, advice, assent, consent or procurement of him the said Thomas E. of Dan∣by, advis'd, committed, attempted, made, perpe∣trated, conceal'd, committed, or omitted before the 27th. day of Feb. then and now last past, being also after the time of the said Articles exhibited, although the said Premises, or any of them, did or should touch or concern the person of his said Majesty, or any of his publick Negotiations what∣soever, and also his Majesties affairs with foreign Embassadors sent to his said Majesty; or by not rightly prosecuting his Majesties Instructions and Commands to his Embassadors residing on his Majesties behalf in foreign parts. And as to all and singular accessories to the said premises or any of the indicted, impeached, appealed, accu∣sed, convicted, adjudged, out lawed, condem∣ned or attainted, and all and singular Indictments, Impeachments, Inquisitions, Informations, Exi∣gents, Judgements, Attainders, Outlaries, Con∣victions, pains of Death, Corporal punishments, Imprisonments, Forfeitures, Punishments, and all other pains and penalties whatsoever, for the same or any of them; and all and all manner of suits, Complaints, Impeachments and demands whatsoever. Which his said Majesty by reason of the Premises or any of them then had, or for the future should have, or his heirs or successors any way could have afterwards against him the said Thomas Earl of Danby. And also suit of his Majesties peace; and whatever to his Majesty, his heirs or successors, against him the said Earl did or could belong by reason or occasion of the Premises, or any of them.

And his Majesty hath thereby granted his firm Peace to the said Tho. E. of Danby. And further his Majesty willed and granted, that the said Letters-Patents, and the said Pardon and Release therein contain'd, as to all the things Pardon'd and Re∣leas'd should be good and effectual in the law, though the Treasons, Misprisions of Treasons, Insurrections, Rebellions, Felonies, Exactions, Oppressions, Publications of words, Misprisions of Confederacies, Concealments, Negligencies, Omissions, Offences, Crimes, Contempts, Mis∣demeanors and Trespasses, were not certainly specified. And notwithstanding the Statute by the Parliament of King Ed. 3. in the 14th. year of his reign, made and provided, or any other Statute, Act or Ordinance to the contrary thereof made and provided. And moreover his said now Majesty, by his said Letters Patents, of his farther Grace did firmly command all and singular Judges, Justices, Officers, and others whatsoever, That the said Free and General Par∣don of his said Maj. and the general words, clauses and sentences abovesaid should be construed, and expounded, and adjudged in all his Majesties Courts, and elsewhere in the most beneficial, am∣ple, and benign sense.

And for the better, and more firm discharge of the said Earl, of and from the crimes and of∣fences aforesaid, according to the true intents of his Majesty, and in such beneficial manner and form, to all intents and purposes whatsoever, as if the said Treasons, Crimes, Offences, Conceal∣ments, Negligencies, Omissions, Contempts, and Trespasses aforesaid, and other the said Pre∣mises,

by apt, express, and special words had been remitted, released and pardoned; and that the said Letters Patents of Pardon, and the Re∣lease and Pardon therein contain'd, shall be pleaded and allowed in all and every his Majesties Courts, and before all his Justices whatsoever, without any Writ of allowance, any matter, cause or thing whatsoever in any wise notwithstanding, as by the said Letters Patents themselves more at large appeareth; which said Letters Patents fol∣low in these words.

Carolus Dei Gratia Angliae, Scotia, Franciae & Hibernae Rex, Fidei defensor, &c. Omnibus ad quos prasentes Literae nostrae pervenerint, Salutem. Sciatis, quod nos pro diversis bonis causis & conside∣rationibus, Nos ad hoc specialiter moventibus, de Gra∣tia Nostra speciali & mero motu Nostris Pardonavi∣mus & Relaxavimus, &c.

And the said Earl doth averr, that he the said Thomas Earl of Danby, in the said Articles named, is the said Thomas Earl of Danby in the said Letters of Pardon, here produced, likewise named.

Which Pardon the said Earl doth rely upon, and pleaded the same in Bar of the said Im∣peachment, and in discharge of all the Trea∣sons, Crimes, Misdemeanors and Offences contained or mentioned in the said Articles of Impeachment, and every of them: And this the said Earl is ready to averr.

Whereupon he humbly prays the judgement of your Lordships, and that his Majesties most Gracious Pardon aforesaid may be allowed:

And that he the said Earl, by vertue hereof may be from all the said Articles of Impeach∣ment, and all and every of the Treasons and Crimes therein alledg'd against him ac∣quitted and discharg'd.

The Earl of Danby having thus put in his Plea to the Articles of Impeachment, the Commons referr'd it to the Committee of Secresie to exa∣mine the matter of the Plea of the Earl of Dan∣by, and to enquire how Presidents stood in rela∣tion to the Pardon and in what manner and by what means the same was obtained. Who there∣upon made their Report, That they could find no President that ever any Pardon was granted to any Person impeach'd by the Commons of High Treason, and depending the Impeachment. So that they presently order'd that a Message should be sent to the Lords to desire their Lord∣ships to demand of the Earl of Danby whether he would rely upon, and abide by his Plea or not.

In the midst of these disputes a business of ano∣ther Nature intervenes. For one Mr. Reading having been accus'd to the Commons for going about to corrupt the Kings Evidence in the behalf of the five Lords in the Tower, they presently order'd him to be secur'd, and made an Address to his Majesty that he would be pleas'd to is∣sue forth a Commission of Oyer and Terminer for the Tryal of the said Mr. Reading, where∣in they made the more hast, to the end his Tryal might be over, before that of the Lords, which it was then thought, was near at

hand. Hereupon the Commission was expedited; and upon the 24th. of this Month, the Commissi∣oners met at Westminster-Hall in the Court of Kings Bench.

The Commissioners were the twelve Judges of England, Sir James Butler, Sir Philip Matthews, Sir Thomas Orby, Sir Thomas Byde, Sir William Bowles, Sir Thomas Stringer, Sir Charles Pitfeld, Thomas Robinson, Humfrey Wirley, Thomas Haryot and Richard Gower, Esquires.

The Prisoner was endicted by the name of Nathaniel Reading, for soliciting, suborning, and endeavouring to perswade Mr. William Bedlow, to lessen, stifle, and omit to give in evidence the full truth according to his knowledge, against the Lord Powis, Lord Stafford, Lord Peter and Sir Henry Tichborn, but to give such evidence as he the said Reading should direct; as also for giving the said Mr. Bedlow fifty Guineys in hand, and promising him greater rewards, for the ends and purposes aforesaid.

The Jury were,

• Sir John Cutler,
• Joshuah Galliard,
• Edward Wilford,
• Thomas Henslow,
• Thomas Earsby,
• John Searle, Esquires.
• Thomas Casse,
• Rainsford Waterhouse,
• Matthew Bateman,
• Walter Moyle,
• Richard Paget and
• John Haynes, Esquires.

Mr. Reading at first challeng'd Sir John Cutler, as being in the Commission of Peace, and la∣bour'd very much to have his challenge made good.

But his Challenge was over-rul'd by the Court, first in regard that Sir John was not in the par∣ticular Commission then sitting; and secondly, for that he could not challenge him peremptori∣ly, the Indictment not endangering his life, as it might have been laid, but only for a Misde∣meanour. Thereupon the Court proceeded; and

First, in point of Evidence Mr. Bedlow swore, that he began with him as a friendly adviser, ad∣monishing him to be cautious, and not to run at the whole Herd of Men. That he would make the Parliament his friends by proving the Plot; the King his friend, in not charging all the Lords, and the Lords his friends, by being kind to them. That the persons he most sollicited for were the Lords Powis, Petre and Stafford, Sir Hen∣ry Tichborn, Mr. Roper, Mr. Caryl, and Corker, a Jesuite. That he should have Money and an

Estate, by the negotiation of the Prisoner at the Bar, to shorten the Evidence, and bring them off from the charge of High Treason. That he and Mr. Reading had several Consultations about this mat∣ter. That the Prisoner in assurance of his reward, told him he had order to draw blank deeds to be sign'd in ten days after the discharge of those for whom the sollicitation was made. That Reading & Mr. Bedlow had a private Consultation, at what time Mr. Bedlow was to pen his Testimony as Mr. Reading should direct him for the mitigation of the Evidence. That when that Paper was finish'd, the Prisoner carry'd it to the Lords to consider of it: and that after they had consider'd of it, and mended it, as they pleas'd, Reading return'd with the emendations written with his own hand; and deliver'd them to Mr. Bedlow in the Painted Chamber, who held them so behind him, that Mr. Speake, as it was agreed, walking after him, came and took them out of his hand. And that two Witnesses more being privately conceal'd by Mr. Bedlow in his own chamber, overheard the main of the Consultation and overture of Mr. Reading.

After this the Paper was produc'd which con∣tain'd the short and tender Evidence that Mr. Bedlow was to give, according to the Correction of the Lords, and read in open Court, all under Readings own hand.

Which done, Mr. Speake was sworn, and de∣pos'd that being privately conceal'd in Mr. Bed∣low's Chamber, he over-heard Mr. Bedlow's and Mr. Reading's Negotiation together. That Mr. Bedlow ask'd Mr. Reading what the Lords said

to the business, and what my Lord Stafford said to the Estate in Glocestershire. To which Mr. Reading made answer, that the Lord Stafford had faithfully promis'd him to settle that Estate upon Mr. Bedlow, and that he had Orders from that Lord to draw up a blank Deed in order to the set∣tlement, which the said Lord had engag'd to sign and seal within ten days after he should be dis∣charg'd by Mr. Bedlow's contracting of his Evi∣dence. That Mr. Reading added, That the Lords Powis and Peter, and Sir Henry Tichborn, had faithfully engag'd and promis'd to give Mr. Bedlow a very fair and noble reward which should be suitable to the service he should do them, in bringing them off from the Charge of High Treason. To which when Mr. Bedlow re∣ply'd, that he would not rely upon their pro∣mises only, but expected to have something un∣der their hands:

Mr. Reading reply'd, That they did not think it convenient so to do as yet, but that Mr. Bedlow might take his word, as he had done theirs, ad∣ding withal for a further confirmation, That he would engage his life for the performance. With much other discourse, all tending to the same effect.

The third Evidence which was Mr. Bedlows man, and was conceal'd in the Chamber to the same intent as the former witness was, gave the same Evidence upon oath, as to what had been discours'd of in the Chamber between his Master and the Prisoner, without any thing of material alteration of the words themselves, which there∣fore need no repetition.

The defence of the Prisoner was very weak, more especially considering that he was a man of the Gown. No more indeed than what after a te∣dious multiplying of words, amounted to the Con∣fession of the whole Charge. For he could not deny but that he did carry the Kings Evidence to the Lords in the Tower; but that it was purely out of Conscience to prevent the shedding of in∣nocent blood. The other part of his Evi∣dence consisted in bespattering the witnesses, for which he was so often corrected by the Court, that it betrayed in him more of presumption than Law.

Therefore the Jury so little believ'd him, that after a very short absence from the Bar, they brought him in Guilty; upon which the Court proceeded to Sentence, which was, That he should be fin'd a thousand pound, That he should be imprison'd for the space of one whole year; and be set in the Pillory for the space of one hour in the Palace-yard at West∣minster.

Thereupon in order to the Judgement of the Court he was set in the Pillory on the Mun∣day after his Tryal. And as the Court were so kind as not to endite him for his life, so they were careful to give the Sheriff a par∣ticular Charge of his Person, lest the rage of the People understanding his Crime, should have depriv'd him of what the mercy of the Law had granted him with so much fa∣vour.

May 1679. If Doctor Oates may be be∣liev'd, whom we have not found yet to fail, he tells us that the Jesuites had sent seve∣ral Emissaries of their own to foment the discontents and rebellious fermentations of the people of Scotland. The mischief was laid upon the Presbyterians; whether it were so or no God knows; but the effect and consequence was dire, nothing but Pa∣pistical murther, which it is to be fear'd will come to be the Character of that Re∣ligion. In England no less a sacrifice would serve them than a King, though Heaven detested their oblation. In Scotland there was no King, and therefore they resolv'd to cut off the Primate of the Church.

A strange doctrine to preach, that there could be no greater gift made to Jesus Christ, than to send the Arch-bishop of St. Andrews head in a Silver Box to the King. And yet this doctrine prevail'd with one James Mitchel to attempt the killing of the same Prelate in the chief street of Eden∣burgh, in the face of the Sun and of all the multitude. Who dying for the fact, and with an obdurate and sear'd zeal, owning and justifying the fact, led others so far a∣stray into the violation of the Law of Na∣ture, that upon the third of this month, de∣luded Devotion adventur'd to murther the Arch-bishop in the ensuing manner.

The Arch-bishop it seems was returning in his Coach from a Village in Fife, called Kennoway, toward the City of St. Andrews it self, and was got within two miles of the place, near to ano∣ther small village called Magus. There it was that the Coachman, having spy'd several Horse∣men, gave his Lord notice of them, and ask'd him, whether he should not drive faster? But the Arch-bishop, not dreading any harm, thought it not convenient to mend his pace. When they drew near, the Arch-bishops daughter look'd out, and seeing them with Pistols in their hands, cry'd out to the Coach-man to drive on. And he had certainly out-driven them, had not one Bal∣four of Kinlock▪ being mounted upon a very fleet horse, cunningly got before the Coach, into which they had already discharg'd several shot in vain. This Balfour, finding he could not wound the Coachman, because the Coach-mans whip frighted his Horse, wounded the Postillian, and disabled the fore horses. Upon which the rest coming up, one of them shot the Arch-bishop with a Blunderbuss as he sate in the Coach, while others reproachfully call'd to him in these words, Come forth, vile Dog, who hast betray'd Christ and his Church, and receive what thou hast deserv'd for thy wickedness against the Kirk of Scotland. While he was in the Coach one ran him through with a Sword under the shoulder, the rest pulling him violently out of the Coach. His daughter went out, fell upon her knees and beg'd for mercy to her father, but they beat her and trampl'd upon her. The Primate with an ex∣traordinary

calmness of spirit, said to 'em, Gen∣tlemen, I know not that I ever injur'd any of you, and if I did I promise ye I will make you what reparation you can propose.

To which they return'd no better Language than this, Villain and Judas, Enemy to God and his people, thou shalt now have the reward of thy enmity to Gods people: which words were fol∣low'd with many mortal wounds, of which one was a deep one above his eye. He la∣bour'd to make them apprehensive that he was a Minister, and pulling off his Cap shew'd them his grey hairs; intreating them withal, that if they would not spare his life, yet that they would at least allow him some little time for prayer.

But their barbarous and inhumane answer was, That God would not hear so base a Dog as he was; and as to the desire of Quarter, they told him, That the strokes they were then about to give, were those which he was to expect. Notwithstanding all which inhumane usage, and a shot that pierc'd his body above his right Pap, and several blows that cut his hands, while he was holding them up to Heaven in prayer, he rais'd himself upon his knees, and utter'd these few words, God forgive you all. After which, by rea∣son of many gashes that cut his scull in pieces, he fell down dead. At which time some of the Murtherers, believing that they heard him groan, return'd, saying, he was of the nature of a Cat, and therefore they would go back, and hack him a little better for the Glory of God.

And so having stirr'd about his brains with the points of their Swords, they took an oath of the servants not to reveal their names; and then bidding them take up their Priest, they rode back to Magus, crying out aloud, That Judas was kill'd; and from thence made their escape.

All this while at London the Parliament con∣tinue their prosecution of the Earl of Dan∣by; and in order thereunto the lower House resolve that the Pardon of the Earl of Dan∣by was illegal and void, and not to be allow'd in Bar of the Impeachment of the Com∣mons of England. Thereupon the whole House with the Speaker went up to the Lords, to whom the Speaker made this following Address;

My Lords,

The Knights, Citizens and Burgesses, in Par∣liament assembled, are come up to demand Judgement in their own names, and in the names of all the Commons of England, against Thomas Earl of Danby, who stands by them impeach'd before your Lordships of High Trea∣son, and diverse high Crimes and Misdemeanors. To which he has pleaded a Pardon, which Par∣don the Commons conceive to be illegal and void, and therefore they do demand Judgement ac∣cordingly.

Thereupon the Lords appointed a short day for hearing the Earl what he could say to make good the plea of his Pardon.

Nor was his Majesty himself less careful of the safety of the Nation, who finding or at least fore-seeing the ill consequences of these continu'd debates, thereupon sent a Message to the Commons, wherein he desir'd them to se∣cure the Fleet, to proceed in the discovery of the Plot, the Tryal of the Lords in the Tow∣er, and the Bill for securing the Protestant Re∣ligion.

For all which they appointed a certain day of consideration, but before they proceeded, they made an Address to his Majesty against the Duke of Lauderdale, as a person who being in high trusts and employments about his Majesty, had by his arbitrary and destructive Counsels, tending to the subversion the rights, and liberty of of the subject, endeavour'd to alienate the hearts of his Majesties good subjects from his Majesty and Government; and more particularly had contriv'd and endeavour'd to raise jealousies and misunderstandings between England and Scot∣land. And therefore they most humbly besought his Majesty to remove him from his Counsels both in Scotland and England, from all Offices, Imploy∣ments, and places of Trust, and from his Maje∣sties presence for ever.

And to shew that they did not this out of dis∣obedience, but affection, presently after they declar'd in a full house, That in defence of his Majesties person, and the Protestant Reli∣gion,

they would stand by his Majesty with their lives and fortunes; and that if his Majesty should come to any untimely end, which God forbid, they would revenge it to the utmost up∣on the Papists.

And now the Bill for the disbanding of the Army being compleated, and having pass'd both Houses, was confirm'd, and receiv'd its last consummation by the Kings Royal Assent: So that the Commissioners appointed by the house for that purpose had liberty to attend that particular service.

In the mean time the Commons perceiving that there was a day appointed for the Earl of Danby to make good the plea of his Par∣don by Council, order'd that no Commoner should presume to maintain the validity of the Pardon pleaded by the said Earl, without the consent of the House; and that the per∣son so doing should be accompted a betray∣er of the liberty of the Commons of En∣gland.

Next day the Earl appear'd; and put in his Petition into the House of Lords, wherein he set forth, that he was then attending their Lordships according to Order; and expect∣ed to have met the Council assign'd him by their Lordships; but that he had receiv'd a Message from every one of them, that they durst not appear to argue for him, by rea∣son of a Vote which the house pass'd yester∣day.

Who thereupon order'd that the Petition should be communicated to the House at the next Conference, to know of them whether any such Vote were by them made or no.

But here arose a new debate concerning the Bishops, which much entangled the interest of the Earl of Danby, and the other five Lords in the Tower, in reference to their Tryals; for the Commons would not prosecute the latter before the first, nor the first before such and such things were concluded. So that it will be necessa∣ry to relate the proceedings of both Houses a∣gainst the Lords, which at length happen'd to be the occasion that neither the one nor the other came to their Tryals, as was expected.

The House having pass'd five resolves for the Impeaching Henry Lord Arundell of Warder, Willi∣am Earl of Pomis, John Lord Bellasis, William Vis∣count Stafford, and William Lord Peter, of Treason, and several other Misdemeanors, the same day five several Impeachments were accordingly car∣ried up to the Lords, but they did not desire they should be sequester'd from Parliament, and com∣mitted to custody, because they were at the same time under restraint in the Tower.

The Impeachments were first in general, That for many years last past there had been contriv'd & carried on a trayterous & execrable Conspiracy and Plot within this Kingdom of England, & other places, to alter, change and subvert the ancient Government & Laws of this Kingdom & Nation, & to suppress the true religion therein establish'd, & to extirpate & destroy the professors thereof;

which said Plot and Conspiracie was Contrived and carried on in divers places and by several ways and means, and by a great number of Persons of several Qualities and Degrees who acted therein, and intended to execute and accomplish the afore∣said wicked and traiterous designs and purposes.

That the said five Lords together with Philip Howard, commonly called Cardinal of Norfolk, and divers others, Jesuits, Priests and Friers, and other Persons as false Traitors to his Majesty and this Kingdom, within the time aforesaid, had traiterously consulted, contriv'd and acted to and for the accomplishing of the said wicked, pernici∣ous and traiterous Designs; and for that end did most wickedly and traiterously agree, conspire and resolve to imprison, depose and murther his sacred Majesty, to deprive him of his Royal State, Crown and Dignity, and by malicious and unadvised Speaking, Writing, and otherwise declared such their purposes and intentions,

To subject this Kingdom and Nation to the Pope and his Tyrannical Government.

To seize and share among themselves the Estates of his Majesties Protestant Subjects.

To erect and restore Abbeys, Monasteries, and other Convents and Societies, which have been long since by the Laws of this Kingdom supprest, for their Superstition and Idolatry, to deliver up and restore to them, the Lands and possessions now invested in his Majesty, and his Subjects by the Laws and Statutes of this Realm.

That the said Conspirators, their Accomplices and Confederates, had and held several Meetings, Assemblies and Consultations, wherein it was con∣triv'd

and design'd among them, what means should be used, and what Persons and Instruments im∣ployed to murder his Majesty, and did then and there resolve to effect it by Poysoning, Shooting, Stobbing, or some such like ways and means; of∣fer'd rewards and promises of advantage to several Persons to execute the same, and hir'd and em∣ployed several wicked Persons to Windsor and other places, where his Majesty did reside, to de∣stroy and murther his Majesty; which said Per∣sons accepted such rewards, and undertook the perpetrating thereof, and did actually go to the said places for that end and purpose. That the said Conspirators had procur'd, accepted and de∣liver'd out several Instruments, Commissions and Powers, made and granted by or under the Pope, or other unlawful and usurping Authority, to raise Mony, Men and Arms, and other things necessary for their wicked and traiterous Designs, namely to the said Henry Lord Arundel of Warder to be Lord High Chancellor of England, to the said William Lord Powis to be Lord Treasurer of England, to the Lord Bellasis to be General, to the Lord Petre to be Lieutenant General, to the Lord Stafford to be Paymaster of the Army.

That in order to encourage themselves in prose∣cuting their said wicked Plots, Conspiracies and Treasons, and to hide and hinder the discovery of the same, and to secure themselves from Justice and Punishment, the Conspirators and Confede∣rates aforesaid did cause their Priests to administer an Oath of Secrecy together with the Sacrament, and upon Confessions to give them Absolutions upon condition that they did conceal the Conspira∣cy.

That the better to compass their traiterous De∣signs, they had consulted to raise and had procur'd and rais'd Men, Money, Horse, Arms and Am∣munitions; and had made applications to, and treated and corresponded with the Pope, his Cardinals, Nuncio's and Agents, and with other forreign Ministers and Persons, to raise tumults within the Kingdom, and invade the same with forraign Forces; to surprize, seize and destroy his Majesties Navy, Forts, Magazines and Places of Strength to the ruine and destruction of the Nation.

That when Sir Edmund-Bury Godfrey, a Justice of Peace, had according to the duty of his Oath and Office, taken several Examinations, and Infor∣mations concerning the said Conspiracy and Plot, the said Conspirators or some of them, by the ad∣vice, councel and instigation of the rest, did incite and procure divers persons to lye in wait and pur∣sue the said Sir Edmund-Bury several days with in∣tent to Murder him, which at last was prepetra∣ted and effected by them.

That after the said Murther and before the body was found, or the Murther known to any but the Accomplices, the said Persons falsly gave out that he was a-live and privately Married; and after the Body was found, dispersed a false and malicious report, that he had Murthered himself. Which said Murther was committed with a design to stifle and suppress the Evidence he had taken, and had knowledge of, and to discourage and deter Magi∣strates and others, from acting in the farther disco∣very of the said Plot and Conspiracy.

That of their farther malice they had wickedly continued by many false suggestions to lay the guilt and imputation of the aforesaid Horrid and Detestable Crimes upon the Protestants, that so they might escape the punishments they had justly merited, and expose the Protestants to great scandal, and subject them to Persecution and Op∣pression in all Kingdoms and Countries where the Roman Religion is receiv'd and professed.

All which Treasons, Crimes and Offences were contriv'd, committed, perpetrated, acted and done by the said Lords, and every of them, and others the Conspirators against our Soveraign Lord the King, his Crown and Dignity, and against the Laws and Statutes of the Kingdom.

Of all which Treasons, Crimes and Offences, the Knights, Citizens and Burgesses in Parliament As∣sembled, did in the Name of themselves and of the Commons of England impeach the said William Earl of Powis, William Viscount Stafford, Henry Lord Arundel of Warder, William Lord Petre, and John Lord Bellasis, and every of them.

And the said Commons, saving to themselves the Liberty of Exhibiting at any time hereafter against other Accusations or Impeachments against the said Lords, and every of them, and also of Replying to the Answers, which they and every of them should make to the premises, or any of them, or to any other Accusation or Impeachment which should be by them exhibited (as the cause according to course and proceedings of Parlia∣ment should require) did pray that the said Lords and every of them should be put to Answer all and every the Premises, and that such Proceedings,

Examinations, Tryals and Judgments might be up∣on them and every of them, had and used, as should be agreeable to Law and Justice, and course of Parliament.

The Articles of Impeachment being drawn up and finish'd and carri'd up to the Lords House, the Lieutenant of the Tower was ordered to bring up the Prisoners to the Bar, where after they had kneeled awhile, they were order'd to stand up and hear their Charge; which when they had heard, the Lord Chancellor ask'd them what they had to say for themselves, letting them know withal that his Majesty would appoint a Lord High Steward for their Tryals. There∣upon the Lords impeach'd made several requests in order to their several Defences upon their Try∣als and then withdrew for a time. After the House had taken their requests into consideration, they were called in again, and the Lord Chancellor gave them to understand, that the several Endict∣ments found against them by the Grand Jury, should be brought into that Court by Writ of Certiorari; and that they might have Copies of the Articles of Impeachment, and should have con∣venient time given them to send in their respective Answers thereunto.

All this while the Lord Bellasis had not appea∣red at the Bar; it being sworn that he was so ill that he could not stir out of his bed: which rea∣sonable excuse was allow'd for the time. Not long after a Message was sent from the Lords to acquaint the Commons, that the Lords impeach'd had all, except the Lord Bellasis, brought up their Answers to the Charge exhibited against them,

and that their Lordships had sent them the Origi∣nals, desiring to have them return'd.

Soon after it was found, that the Lord Bellasis had sent in his Answer without Appearance, which occasion'd a great Debate, Whether by his not ap∣pearance he had been Arraign'd, or no, and whe∣ther his Answer were legal? The consideration of which business was referr'd to the Committee of Se∣crecy; as also to look into the Answers of the five Lords; to consider of the Methods of Proceed∣ings upon Impeachments, and to Report their Opi∣nions. Which were, That the Lord Bellasis be∣ing Impeach'd of High Treason by the Commons could not make any Answer, but in person. And that the several Writings put in by the other Lords, which they call'd their Pleas and An∣swers, were not Pleas or Answers, but Argu∣mentative and Evasive, to which the Commons neither could nor ought to reply.

That though the Answers of the other four Lords were sufficient, yet that there ought not to be any Proceedings against them, until the Lord Bellasis had put in a sufficient Answer in person.

That the Commons should demand of the Lords, that their Lordships would forthwith order and re∣quire the said Lords to put in their perfect Answers, or in default thereof, that the Commons might have Justice against them.

Thereupon it was order'd by the Commons, That a Conference should be desir'd with the Lords touching the Answers of the five Lords in the Tower; and that the Managers thereof should acquaint their Lordships, that they intended to

make use of no other Evidence against the five Lords, then for matter done within seven years last past; desiring their Lordships withal, to appoint a short day for the said five Lords to put in their effectual Pleas and Answers to the Articles of Im∣peachment.

But e're this Conference could be had, a Mes∣sage came from the Lords to acquaint the House, That John Lord Bellasis had that day appear'd in person at the Bar of the House, and had put in his Answer to the Articles of Impeachment, which they had accordingly sent them.

The next day came another Message from the Lords, to acquaint them, That the Lords Powis, Stafford, and Arundel, had appear'd likewise at the Bar, and had retracted their former Pleas, and had put in their Answers, which they had also sent for them to view and consider. All which Answers were by the Commons referr'd to the Se∣cret Committee.

What these Answers were may be easily seen by that of the Lord Petre's here inserted. For as their Crimes were the same, so their Defences could not vary much either in sence or matter.

The Lord Petre's Answer to the Articles of Impeachment.

THE said Lord in the first place, and before all other protesting his Innocency, &c.

The said Lord doth with all humility submit himself, desiring above all things the Tryal of his Cause by this most Honourable House, so that he may be provided to make his just Defence, for the clearing of his Innocency from the Great and Hainous Crimes charged against him by the said Impeachment. This being prayed, as also liber∣ty to Correct, Amend, and Explain any thing in the said Plea contained, which may any ways give this Honourable House any occasion of Of∣fence, which he hopes will be granted.

The said Lord as to that part of the Impeach∣ment that concerns the matter following: Name∣ly, That for divers years last past, there had been contrived and carryed on by the Papists a most traiterous and execrable Conspiracy and Plot within this Kingdom of England and other places, to alter and subvert the Antient Government and Laws of this Kingdom and Nation, and to suppress the true Religion therein Establisht, and to extirpate and destroy the Professors there∣of; and that the said Plot and Conspiracy was contrived and carryed on in divers places, and by several ways and means, and by a great number

of several Persons of Qualities and Degrees who acted therein, and intended thereby to execute and accomplish their aforesaid wicked and traite∣rous Designs and Purposes.

That the said William Lord Petre, and other Lords therein named, together with several other persons therein likewise named and men∣tioned as false Traitors to his Majesty and King∣dom within the time aforesaid, have traiterously acted and consulted to and for the accomplishing of the said wicked, pernicious and traiterous De∣signs, and to that end did most wickedly and trai∣terously Agree, Consult, Conspire, and Resolve to Imprison, Depose, and Murther His Sacred Majesty, and deprive him of his Royal Estate, Crown and Dignity, and by malitious and advi∣sed Speaking and otherways declaring their said Purposes and Intentions; As also to subject this Kingdom and Nation to the Pope and his Tyran∣nical Government, and to Seize and Share among themselves the Estates and Inheritance of His Majesty's Protestant Subjects, and to Erect and Restore Abbies, Monasteries, and other Con∣vents and Societies, which have been long since by the Laws of this Kingdom supprest for their Su∣perstition and Idolatry, and to Deliver up and Restore to them the Lands and Possessions now Vested in his Majesty and his Subjects, by the Laws and Statutes of this Realm. And also to Found and Erect new Monasteries and Convents, and to remove and deprive all Protestant Bishops and other Ecclesiastical Persons from their Li∣vings, Benefices and Preferments, and by this means to destroy his Majesty's Person, and extir∣pate

the Protestant Religion, overthrow the Rights, Liberties and Propertys of all his Ma∣jesty's good Subjects, subvert the Laws and Go∣vernment of this Kingdom, and subject the same to the Tyranny of the See of Rome; And the said Conspirators, Complices and Confederates traiterously had and held several Meetings, Assem∣blies and Consultations, wherein it was contrived and designed amongst them what ways should be used, and the Persons and Instruments should be imployed to Murther his Majesty, and did then and there resolve to effect it, by Poysoning, Shooting, Stabbing, or by some such like ways and means.

And to that part of the Impeachment named, The better to compass their traiterous Designs, Have Consulted to raise Money, Men, Horses, Arms and Ammunition, &c.

The said Lord, saving to himself (and which he humbly prays may be reserved to him) the li∣berty of answering over, and denying all and singular the said Crimes and Offences charged on him, saith, and humbly offereth to this Honou∣rable House, That the Charge of those Crimes and Offences so imposed on him by the said Im∣peachment, are so general and incertain, that he cannot possibly Answer thereto, or make any just or lawful Defence upon his Tryal: For that the said Charge hath no manner of certainty, in point of time, it being laid only for many years last past, which may be for 5, 10, 20, 30, or more years, whereby, tho' the said Lord know∣eth himself to be altogether innocent of any such horrid or detestable Crimes, as by the said Im∣peachment

are objected against him. Yet 'tis impossible for him upon any Tryal thereof to be prepared with his just and lawful Defence by Witness, to prove himself absent or in any other place at the same time of such Meetings or Con∣sultations, to or for any of the wicked Designs and Purposes in the said Impeachment mention'd, as on his Tryal may be suddenly objected against him, when he cannot by any care or foresight whatever, have such Witness ready as would disprove them if they were certainly charged for any traiterous Design, Act, or Crime, at any time certainly alledged by the said Impeachment. Nor is the said Charge in the said Impeachment more certain, as to the place of any such Meet∣ing or Consultation laid down in the said Im∣peachment, being only alledged, to be in divers places within this Realm of England, and else∣where: Which, for the Cause aforesaid, is so utterly incertain, that it deprives the said Lord of his Defence upon his Tryal. The incertain∣ties likewise of the number of Meetings and Con∣sultations to the wicked Purposes in the Impeach∣ment mentioned, and the not shewing how many times the Lords met and consulted, and with whom in particular, doth likewise deprive him of all possibility of making his Defence in producing Witnesses. For the said Lord being wholly inno∣cent cannot suppose or imagin what Meetings or Consultations, either to raise Money or Men for carrying on a Traiterous Design, or to any other wicked Intent or Purpose in the said Im∣peachment mentioned, shall or may be objected against him upon the Tryal. And 'tis as impos∣sible

for him to bring Witnesses to prove all the Meetings and Consultations may upon his Tryal be objected against him, as a traiterous Meeting or Consultation.

And where it is in the said Impeachment charged upon the said Lord, That he hath ut∣tered Treason by malitious and advised Speaking, and other ways declaring the same. The said Lord saith, That never any traiterous thought entred into his heart, and therefore he cannot know any Words or Writing he ever spoke or declared, which are now charged upon him as Treason, there being no Word or Writing at all specified in the Impeachment, whereby the Lord may know how to prepare his Defence against them, or this most Honourable Court may judge whether the said Words or Writing are in truth Treasonable, or not?

All which Incertainties, eminent and apparent Dangers of the said Lord being thereupon sur∣prized in a Cause of this Consequence, wherein his Life (and Honour, more dear to him than his Life, and all else that is dear to him in this World, are immediately concerned) being seriously weigh∣ed and considered by your Lordships, He humbly prayeth, (as by his Counsel he is advised) That your Lordships would not put him to Answer the said Impeachment herein above recited, till the same be reduc'd to such a compleat certainty, that the said Lord may know how to Answer unto, and thereby be enabled to make his just Defence accordingly.

All which, notwithstanding he humbly submit∣teth to whatsoever your Lordships in Justice shall

order and think fit; And to all other Treasons, Crimes and Offences contained, mentioned or specified in the said Impeachment, the said Lord protesting his Innocency in the great Wisdom and Sentence of this Honourable Court shall al∣ways acquiesce.

Soon after the Lords desir'd to know of the Com∣mons, Whether they were ready to joyn Issue? who return'd in a short time for answer, That they were ready to make good their Charge against the five Lords.

Thereupon a Message was sent from the Lords to acquaint the Commons, That they had made an Order, That the five Lords in the Tower should be brought to their Tryals upon the Impeach∣ments against them by that day seven night, the Message being deliver'd on the sixth of May: and that they had also appointed an Address to be presented to his Majesty, for the naming a Lord High Steward, as well in the Case of the Earl of Danby, as of the other five Lords, and that the same should be in Westminster-Hall.

Upon this, the Commons appointed a Committee to search Precedents relating to the Message sent them from the Lords; upon whose Report it was found, That on the like occasion, the Com∣mons had appointed a select Committee to joyn with a Committee of the Lords, to consider of the Methods and Circumstances to be observ'd in the Tryal. This occasion'd a Message to the Lords, to desire a Conference upon the Subject Matter of the last Message relating to the Tryal of the Lords in the Tower.

There it was urg'd by the Commons, that they suppos'd that their Lordships did intend in all their proceedings upon Impeachments depending at that time before their Lordships, to follow the usual course and methods of Parliament; and therefore the Commons could not apprehend what should induce their Lordships to address to his Majesty for a Lord High Steward, in order to the deter∣mining the validity of the Pardon, which had been pleaded by the Earl of Danby to the Impeachment of the Commons; as also for the Tryal of the other five Lords; for that they conceiv'd the Constituting of a High Steward was not necessary; in regard that judgment might be given in Parlia∣ment without a High Steward. For which rea∣sons, and for that there were several other mat∣ters contain'd in their Lordships Message, touch∣ing the Tryals of the Lords impeach'd, which if not settled, might occasion several Interruptions and Delays in the Proceedings.

Therefore the House of Commons did propose to their Lordships, that a Committee of both Houses might be appointed to consider of the most pro∣per ways and methods of proceedings upon Im∣peachments by the House of Commons, according to the usage of Parliament, that those Inconveni∣ences might be avoided.

The Reasons of the Commons being thus de∣liver'd, the Lords desir'd another upon the Con∣ference before going, wherein they declar'd, that they could not agree to a Committee of both Houses, because they did not think it conforma∣ble to the Rules and Orders of Proceedings of that Court, which always was, ever ought to

be tender in matters relating to their Judica∣ture.

Upon the report of this Answer, the Commons voted, that it tended to the Interruption of the good Correspondency between the two Houses, and therefore desir'd another Conference with the Lords.

There the Commons declar'd their care to pre∣vent all interruptions of a good Correspondence between the two Houses; which as they were desirous at all times to preserve, so was it more especially necessary at such a conjuncture, when the most heinous Delinquents were to be brought to Justice, that the Enemies of the King and Kingdom might have no hopes left them, to see it obstructed by any difficulties arising in the way of proceeding. And therefore in Answer to the last Conference it was urg'd, That their Lord∣ships did not offer any Answer or satisfaction to the Commons in their necessary Proposals amica∣bly propounded by way of supposition, that they might have been confirm'd therein by their Lord∣ships. That their Lordships did intend in all their Proceedings upon the Impeachments now depending before their Lordships to follow the usual course and methods of Parliament.

And further, their Lordships had not given the least Answer or satisfaction to the Commons con∣cerning their Lordships addressing to the King for a Lord High Steward, though the Commons propos'd their design of satisfaction, in as cauti∣ous terms as could be, on purpose to avoid all disputes about Judicature.

Thereupon the sence of the Commons was thus summ'd up, that They, to avoid all Interruptions and Delays in the proceedings against the Lords impeach'd, and the inconveniencies that should arise thereby, having propos'd to their Lordships, that a Committee of both Houses might be nomi∣nated, to consider of the most proper means and methods of proceedings upon Impeachments, and receiving no other Answer from the Lords, save onely That they did not think it conformable to the Rules and Orders of the Proceeding of their Court, without any Reason assign'd, judg'd the said Answer to be a refusal of them to agree with the Commons in appointing such a Committee, though heretofore not deny'd when ask'd upon the like occasion; and at that time desir'd pur∣posly to avoid disputes and delays.

So that in fine the sence of the House being thus deliver'd by Mr. Hambden, at length he told the Lords that he had commands to acquaint them that things standing so upon their Answer, the Commons could not proceed in the Tryal of the Lords before the Method of proceedings were ad∣justed between the two Houses.

However this difference was soon passed over had not a large debate interven'd. For soon af∣ter the Lords sent down a Message to acquaint the Commons, That they had appointed a Com∣mittee of twelve Lords to meet a Committee of the House of Commons in the inner Court of Wards to consider of propositions and circum∣stances relating to the Tryal of the Lords in the Tower.

In the midd'st of these Debates his Majesty was pleas'd to send a Message to the House by Mr. Powle, to the following purport. That His Ma∣jesty had already at the first meeting of Parliament, and since, by a word or two, mention'd the Neces∣sity of having a Fleet out at Sea that Summer, yet the season for preparing being advanc'd, and our neighbors before us in preparation, He could not hold himself discharg'd towards His people, if He did not then with more earnestness, Commend the same to their present Care and Consideration, and the rather from the dayly expectation of the return of the Fleet from the Streights, to which a great Arrear was due, and did hereby acquit Himself of all the evil Conse∣quences which the want of a Fleet in such a juncture might produce. Neither had He done this without considering that their Entring upon the work present∣ly could be no hindrance to the great Affairs upon the House, but rather a security in the dispatch there∣of.

However it were, the Consideration of this Message was Adjourned for a Week, and their former Debates resum'd, if they were at all in∣terrupted.

For now the Committees of Lords and Com∣mons having met, two Propositions were made by the Commoners; to see the Commission of Lord High Steward, and other Commissions.

In the second place, they desired to know what Resolutions had been taken touching the Lords Spiritual, whither they should be absent or pre∣sent.

As to the first, the Lords acquainted them with an Order which they had made, that the Office

of a High Chamberlain upon the Tryal of Peers upon Impeachment, was not necessary to the House of Peers, but that the Lords might proceed upon such Tryals, though a High Steward were not appointed.

The Lords also farther declar'd that a Lord High Steward was made hac vice onely, that not∣withstanding the making of a Lord High Steward, the Court remain'd the same, and was not there∣by alter'd, but still remain'd the Court of Peers in Parliament.

As to the second Proposition, the Lords com∣municated the Resolution of the Peers, which was this, that the Lords Spiritual had a right to stay in Court in Capital Causes, till such time as judgment of Death comes to be pronounced; or rather, as by a farther explanation of the said Resolution the Lords made it out, till the Court proceeded to the Vote of Guilty or not Guil∣ty

In the first place, the Commons took excepti∣on at the words in the Commission of the Lord High Steward for Tryal of the Earl of Danby, which were these, Ac pro eo quod Officium Senes∣challi Angliae, (cujus praesentia in hac parte requi∣ritur) ut acceptimus jam vacat. These the Com∣mons desir'd might be left out, as implying that the continuing a Lord High Steward was neces∣sary; and thereupon propos'd these words to be inserted,

Ac pro eo quod Proceres & Magnates in Parlia∣mento Nostro Assemblato nobis humiliter supplicave∣runt, ut Seneschallum Angliae hac vice constituere dig∣naremur. These Amendments were soon consented

to by the Lords, and it was farther agreed that the Commission under Seal for Constituting a Lord High Steward for the Tryal of the Earl of Danby should be recall'd, and another new Com∣mission according to the Amendments issu'd forth, bearing date after the said Resolve; and that the like Commission should be issu'd forth for Tryal of the other Lords.

As to the Lords Answer to the second Proposi∣tion, the Commons gave their Committee order to insist, That the Lords Spiritual ought not to have any Vote in any proceedings against the Lords in the Tower; and that when that matter should be settled, and the methods of Proceedings ad∣justed, that then the House would be ready to pro∣ceed upon the Tryal of the Earl of Danby, against whom the House had already demanded Judg∣ment, and afterwards to the Tryal of the other five Lords.

Upon the 16th of May, after several Debates and Reports of both Committees, the Lords came to this Resolution, that the Thursday following should be appointed to begin the Tryal of the five Lords.

Upon which the Lords Spiritual desired leave of the House, that they might withdraw them∣selves from the Tryal of the said Lords, with Liberty of Entring their usual protestations. This Resolution and the desire of the Bishops being com∣municated to the Commons. It was by them resol∣v'd, That the Vote of their House extended aswell to the Earl of Danby, as the rest, and that if the Bishops might have leave to withdraw, it im∣ply'd a right, which if they had, it was a new

Court; a thing the Commons could not admit of. The Lords made Answer that there was no day ap∣pointed for the Tryal of the Earl of Danby, and that the Lords Spiritual would be absent at all the parts of the Tryals of the five Lords; and that the Protestation they desired to enter would be the same as in the Earl of Stafford's case.

To which the Commons reply'd that they could not proceed to treat of any other proposal till such time as the business about the Court should be settl'd.

But the Lords insisting still upon their first Reso∣lutions, the Commons thought fit to draw up their Reasons in writing, which they did, and deliver'd them to the Committee of Lords upon the 26th of May. Which was the day before their Prorogation. Which because they are matter of History as well as debate, may not be unfitly in∣serted.

They alleadged that the Commons had always desir'd, that a good Correspondence might be pre∣serv'd between the two Houses.

That there was then depending between their Lordships and the Commons a matter of the greatest weight; In the transactions of which their Lordships did seem to apprehend some difficulty in the Matters propos'd by the Commons. To clear the same the Commons had desir'd that Confer∣ence; by which, they hop'd to manifest to their Lordships that the Propositions of the House of Commons, made by their Committe, in relation to the Tryal of the Lords in the Tower, were on∣ly such as were well warranted by the Laws of the Parliament, and Constitution of Government,

and in no sort intrenched upon the Judicature of the Peers, but were most necessary to be insisted upon, that the Ancient Rights of Judicature in Parliament might be maintain'd.

The Commons readily acknowledg'd that the Crimes charged upon the Earl of Powis, Vis∣count Stafford, Lord Arundel of Wardour, and Lord Bellasis were of deep Guilt, and call'd for speedy Justice: But withal, they held, that any change in Judicature in Parliament, made without consent in full Parliament, was of pernicious Con∣sequence both to his Majesty and his Subjects; and conceived themselves obliged to transmit to their Posterity all the Rights which of that kind they had receiv'd from their Ancestors, by put∣ting their Lordships in mind of the progress that had already been between the two Houses in re∣lation to the Propositions made by the Commons, and the reasonableness of the Propositions them∣selves. So that they doubted not but to make it appear, that their Aimes had been no other, then to avoid such Consequences, and to preserve that Right; and that there was no delay of Justice on their part. And to that purpose they offer'd to their Lordships the ensuing Reasons and Nar∣rative. That the Commons in bringing the Earl of Danby to Justice, and in discovery of that exe∣crable and traiterous Conspiracy, (of which the five Popish Lords stood impeached, and for which some of their wicked Accomplices had already undergone the sentence of the Law, as Traytors and Murtherers) had labour'd under many great difficulties was not unknown to their Lordships.

Nor was it less known to their Lordships, That upon the Impeachment of the House of Com∣mons against the Earl of Danby for High Trea∣son, and other high Crimes, Misdemeanors and Offences, even the common Justice of sequestring him from Parliament, and forthwith committing him to safe Custody was then requir'd by the Commons, and deny'd by the Peers, though he then sate in their House. Of which their Lord∣ships had been so sensible, that at a free Con∣ference, the 10th of April last, their Lordships declar'd, That it was the Right of the Commons, and well warranted in former Ages, That upon an Im∣peachment of the Commons, a Peer so impeach'd, ought of right to be order'd to withdraw, and then to be Committed. And had not that Justice been deny'd to the Commons, a great part of the Sessi∣ons of Parliament, which had been spent in fra∣ming and adjusting a Bill, for causing the Earl of Danby to appear and answer that Justice, from which he was fled, had been sav'd, and employ'd for the preservation of his Majesties Person, the security of the Nation, and in prosecution of the other five Lords, Neither had he had the Op∣portunity for procuring for himself that illegal Pardon, which bore date the first of March, and which he pleaded in Bar of his Impeachment; nor of wasting so great a proportion of the Trea∣sure of the Kingdom, as he had done, after the Commons had exhibited their Articles of Im∣peachment against him.

After which time so lost, by reason of the de∣nyal of that Justice which of right belonged to the Commons upon their Impeachment, the said

Bill being ready for the Royal Assent, the said Earl then rendred himself, and by their Lordships Order of the 16th of April last, was committed to the Tower. After which he pleaded the said Par∣don, and being prest, did at length declare, that he would rely upon and abide by that Plea. Which Pardon so Pleaded, being illegal and void ought not to Barr or preclude the Commons from having Justice upon the Impeachment. They did there∣upon with their Speaker, on the Fifth of May, in the name of themselves and all the Commons of England demand Judgment against the said Earl upon their Impeachment; not doubting but that their Lordships did intend in all their proceedings upon the Impeachment, to have follow'd the usual Course and Method of Parliament.

But the Commons were not a little surpriz'd by the Message sent from their Lordships, deliver'd them on the seventh of May, thereby acquainting them, that as well the Lords Spiritual as Tempe∣ral had order'd that the 10th of May, should be the day for hearing the Earl of Danby, to make good his plea of Pardon. And that on the thir∣teenth of May, the other Five Lords should be brought to their Trial; and that their Lordships had addressed to His Majesty for naming of a Lord High Steward, as well in the Case of the Earl of Danby, as of the other Five Lords.

Upon Consideration of this Message, the Com∣mons found, that the admitting of the Lords Spiri∣tual to exercise Jurisdiction in these Cases, was an alteration of the Judicature in Parliament, and which extended as well to the proceeding against the Five Lords, as the Earl of Danby. And that

if a Lord High Steward should be necessary upon Trial on Impeachments of the Commons, the power of Judicature in Parliament, upon Impeach∣ments might be defeated by suspending or denying a Commission to Constitute a Lord High Steward. And that the said days of Trial appointed by their Lordships were so near to the time of their said Message, that those Matters, and the Method of Proceeding upon the Trial could not be adjusted by conference between the two Houses, before the day so nominated. And consequently the Commons could not then proceed to Trial, unless the zeal which they had for speedy Judgment against the Earl of Danby, (that so they might proceed to Trial of the other Five Lords) should induce them at that juncture, both admit the En∣largment of their Lordships Jurisdiction, and to sit down under those or any hardships (though with the hazard of all the Commons Power of impeaching for time to come) rather then that the Trial of the said Five Lords should be deferr'd for some short time, while those Matters might be agreed on and Settl'd.

For reconciling differences in these great and weighty Matters, and for saving that time which would necessarily have been spent in Debates and Conferences betwixt the two Houses, and for expediting the Trials, without giving up the power of Impeachments, or rendring them effectual.

The Commons thought fit to propose to their Lordships, that a Committee of both Houses might be appointed for that purpose. At which Committee, when agreed to by their Lordships it was first proposed; That the time of Trial of

the Lords in the Tower should be put off till the other Matters were adjusted; and it was then agreed, That the Proposition as to the time of Trial should be the last thing Considered: The effect of which agreement stands reported in their Lordships Books.

After which, the Commons Communicated to their Lordships, by their Committee, a Vote of theirs, that the Committee of the Commons should insist upon the former Vote of the House, that the Lords Spiritual ought not to have any Vote in any proceeding against the Lords in the Tower and that when that Matter should be settled, and the method of proceedings adjusted, the Commons would then be ready to proceed upon the Trial of the Pardon of the Earl of Danby, against whom they had before demanded Judgment, and afterwards to the Trial of the other Five Lords in the Tower. Which Vote extended as well to the Earl of Danby, as to the other Five Lords. But the Commons had as yet received nothing from their Lordships towards an Answer of that Vote, save that their Lordships had acquainted them, that the Bishops had ask'd leave of the House of Peers, that they might with∣draw themselves from the Trial of the Five Lords, with Libertie of entring their usual Protestati∣ons.

And though the Commons Committee had almost daily declar'd to their Lordships Committee, That that was a necessary point to be settled before the Trial, and offer'd to debate the same, their Committee still answer'd that they had not power from their Lordships, either to confer upon or give any Answer concerning that Matter.

And yet their Lordships, without having given the Commons any Satisfactory Answer to the said Vote, or permitting any Conference or debate thereupon, did on Thursday the second of May, send a Message to the Commons, declaring that the Lords Spiritual as well as Temporal had order'd the 27th of May for the Trial of the Five Lords.

So that the Commons could not but apprehend, that their Lordships had not only departed from what was agreed on, and in effect lay'd aside by that Committee which was constituted for pre∣serving a good understanding betwixt the two Houses, and better dispatch of the weighty affairs depending in Parliament, but also must needs con∣clude from the Message and Votes of their Lord∣ships of the 7th of May, That the Lords Spiritual had a right to stay and sit in Court, till the Court proceeded to the Vote of Guilty or not Guilty. And from the Bishops asking leave that they might with∣draw themselves from the Trial of the said Lords, with Libertie of entring their usual Protestations, and by their persisting to go on, and giving their Votes in proceedings upon Impeachments, that their desire of leave to withdraw at the Trials was only an evasive answer to the before mentioned Vote of the Commons, and chiefly intended as an argu∣ment for a right of Judicature in Proceedings upon Impeachment, and as a reserve to judge upon the Earl of Danby's plea of Pardon: and upon those and other like Impeachments, though no such power was ever claim'd by their Predecessors, and was utterly deny'd by the Commons. And the Com∣mons were the rather induc'd to beleive it so intended, because the very asking leave to with∣draw,

seem'd to imply a right to be there, and that they could not absent without it.

The Commons therefore did not think them∣selves oblig'd to proceed to the Tryal of the Lords on the seventh of May, but to adhere to their Vote. And for their so doing, besides what had been al∣ready and formerly said to their Lordships they of∣fer'd these Reasons following.

I.

Because your Lordships have receiv'd the Earl of Danby's Plea of Pardon, with a very long and unusual Protestation, wherein he has aspers'd His Majesty by false suggestions, as if His Ma∣jesty had commanded or countenanc'd the Crimes he stands charg'd with, and particularly the sup∣pressing and discouraging the Discovery of the Plot, and endeavouring to Introduce an Arbitra∣ry and Tirannical way of Government; Which remains as a scandal to His Majesty, tending to render His Person and His Government odious to His People, against which it ought to be the principal care of both Houses to Vindicate His Majesty by doing justice upon the said Earl.

II.

The setting up a Pardon to be a Bar against an Impeachment defeats the whole use and effect of Impeachments; and should this point be admitted, or stand doubted, it would totally discourage the exhibiting any for the future. Whereby the chief Institution for the preservation of the Go∣vernment,

and consequently the Government it self would be destroy'd. And therefore the case of the said Earl, which in consequence concerns all Impeachments whatsoever, ought to be deter∣min'd before that of the five Lords, which is but their particular case.

And without resorting to many Authorities of greater Antiquity, The Commons desire your Lord∣ships to take Notice, with the same regard they do, of the Declaration which that Excellent Prince, King Charles the I. of blessed Memory, made in this behalf, in his Answer to the nineteen Pro∣positions of both Houses of Parliament. Where∣in stating the several parts of this Regulated Monarchy, He says, The King, the House of Lords, and the House of Commons have each their particular Priviledges. And among those which belong to the King he reckons Power of pardoning. After the Ennumerating of which, and other his Preaoga∣tives, His said Majesty adds thus; Again that the Prince may not make use of this High and perpetual Power to the hurt of those for whose good he hath it, and make use of the Name of public Necessity, for the Gain of his private Favourites and Followers, to the Detriment of the People, the House of Com∣mons (an excellent preservative of Liberty, &c.) is solely entrusted with the first Propositions concer∣ning the Levying of Mony, and the Impeaching of those, who for their own ends, though countenanc'd by any Surreptitiously gotten Command of the King, have violated the Law, when he knows it, which he is bound to protect, and to the protection of which they are bound to advise him, at least not to serve him to the contrary. And the Lords being entrusted

with a Judiciary power, are an excellent Skreen and Bank between the Prince and People, to assist each against any encroachments of the other, and by just Judgment to preserve the Law, which ought to be the Rule of every one of the three, &c. Therefore the Power plac'd in both Houses is more then sufficient to prevent and restrain the Power of Tyranny, &c.

III.

Untill the House of Commons have right done them against this Plea of Pardon, they may just∣ly apprehend, that the whole Justice of the King∣dom in the Case of the five Lords may be ob∣structed and defeated by Pardons of the like na∣ture.

IV.

And Impeachments are virtually the voice of every particular Subject of this Kingdom, cry∣ing out against Oppression, by which every mem∣ber of that Body is equally wounded. And it will prove a matter of ill consequence, that the Universality of the People should have occasion minister'd and continu'd to them to be apprehen∣sive of utmost danger from the Crown, from whence they of right expect Protection.

V.

The Commons exhibited Articles of Impeach∣ment against the said Earl, before any against the

five other Lords; and demanded Judgment upon those Articles. Whereupon your Lordships ha∣ving appointed the Tryal of the said Earl to be before that of the other five Lords, and now having inverted the said Order, gives a great cause of doubt to the House of Commons, and raises a jealousie in the Hearts of all the Com∣mons of England, That if they should proceed to the Tryal of the said five Lords in the first place, not only Justice will be obstructed in the case of those Lords, but that they shall never have right done them in the matter of this Plea of Pardon, which is of so fatal Consequence to the whole Kingdom, and a new device to fru∣strate the public Justice in Parliament.

Which Reasons and Matters being duly weigh'd by your Lordships, the Commons doubt not but your Lordships will receive satisfaction, concer∣ning their Propositions and Proceedings. And will agree, That the Commons neither ought nor can, without deserting their Trust, depart from their former Vote communicated to your Lordships; That the Lords Spiritual ought not to have any Vote in any proceedings against the Lords in the Tower, &c.

This Narrative and the Reasons being deliver'd, as is already mention'd, were the next day read and debated; and then the Lords read their own Vote of the 13th of May, and their Explanation thereupon, and the Question being put, whether to insist upon those Votes concerning the Lords Spiritual, it was Resolv'd in the Affirmative; Eight and twenty of the Lords dissenting.

What the issue of the dispute would have been, is not here to be disputed: but this is certain, that while both Houses were thus contesting, His Majesty himself put an end to their Debates. For that very day being come in His Royal Robes into the House of Lords, and seated in His Throne, the Commons also attending, His Majesty was pleas'd to give His Royal Assent to

A Bill for the better securing the Liberty of the Subject.

A Bill for reingrossing of Fines burn'd in the late Fire in the Temple. And

A Private Bill concerning Charles Dale of Rut∣landshire Esq

And then having intimated His Resolution to the two Houses to Prorogue them till the 14th of August, The Lord Chancellor Prorogu'd them accordingly by His Majesties Command.

Little else of moment was done this Sessions; onely the House of Commons having order'd a Committee to inspect the Miscarriages of the Navy, upon their report of the Heads of an In∣formation against Sir Anthony Deane and Mr. Pepys Members of the House, they were both by Or∣der of the House committed to the Tower: by virtue of which commitment they still remain un∣der Bail.

Presently after the Prorogation of the Parlia∣ment came the News of the Rebellion that was broken out in the West of Scotland, where they Proclaim'd the Covenant, and set up a Declara∣tion of which the substance was, That

AS it was not unknown to a great part of the World how happy the Church of Scotland had been, while they enjoy'd the Ordinances of Jesus Christ in their Purity and Power, of which we had been de∣plorably depriv'd by the reestablishment of Prelacy; So it was evident, not only to impartial Persons, but to profess'd Enemies, with what unparallell'd Pati∣ence and Constancy, the People of God had endur'd all the Cruelty and Oppression that Prelates and Ma∣lignants could invent or exercise. And that being most unwilling to act any thing that might import Opposition to lawful Authority, though they had all along been groaning under Corruptions of Doctrine, slighting of Worship, despising Ordinances, Confining, Imprisoning, Exiling their faithful Ministers; Fi∣ning, Confining, Imprisoning, Torturing, Tormen∣ting the poor People, Plundering their Houses and Selling their Persons to Forraign Plantations; where∣by great Numbers in every Corner of the Land were forc'd to leave their Dwellings, Wives and Children, and to wander as Pilgrims, none daring to Supply or Relieve them, nor so much as to speak with them upon their Death-beds, for fear of ma∣king themselves obnoxious to the same Punishments. And not only so, but that they had been forc'd also to stoop under the Yoak of Oppression in their Civil In∣terests, their Bodies, Liberties and Estates: So that all manner of Outrages had been exercis'd up∣on them through a tract of several Years past; par∣ticularly in the Year 1678. by sending among them an Armed host of Barbarous Savages contrary to all Law and Humanity; and by laying upon them se∣veral Impositions and Taxes by a prelimited and

over-awed Convention of Estates in July 1678. for keeping up an armed Force entrusted for the most part into the Hands of avow'd Papist, or their Fa∣vourers: by whom sundry invasions had been made upon them, and incredible Insolencies committed against them: their Ministers and People being by them frequently hunted after and apprehended, while meeting in Houses for Divine Worship. So that be∣ing necessitated to attend the Lord's Ordinances in fields and desert places, there they had also been hunted out and Assaulted to the Effusion of their Blood, whereby they were inevitably constrain'd ei∣ther to defend themselves by Arms at these Meetings, or to be altogether depriv'd of the Gospel preach'd by their faithful Ministers. That upon the first day of June last, being the Lord's Day, Captain Graham of Clover-House, being Warranted by Proclamati∣on to kill whom soever he found in Arms at field-Conventicles, and making Resistance, furiously assaul∣ted the People there assembled, and further to pro∣voke them, bound a Minister, with some others whom he had found in Houses that Morning; so that they were forc'd to stand to their own-Defence, where∣by it happen'd that several were slain on both sides. Being therefore thus inevitably forc'd to betake them∣selves to the last Remedy, in regard the Magistrates had shut the door of the Law against their Appli∣cations, They thought themselves bound to declare, That these with many other horrid Grievances both in Church and State, were the true Cause of this their Lawful and Innocent Self-defence. And they did most solemnly in the presence of God, declare, that the true Reasons of their continuing in Arms were candidly and simply,

I. The defence and security of the true Pro∣testant Religion, and Presbyterian Government, founded upon the Word, and summarily compre∣hended in the Confessions of Faith, and establi∣shed by the Laws of the Land; to which King, Nobles and People were solemnly engag'd by the National Solemn League and Covenant. More particularly the defending and maintaining the Kingly Authority of Christ over his Church, against all sinful Supremacy, derogatory there∣to.

II. The defence and preservation of his Maje∣sty, his Person and Authority, in the preserva∣tion and defence of that true Religion, and Li∣berties of the Kingdom. That the World might bear witness of their Loyalty, and that they had no thought, or intention, to diminish his just Power and Greatness.

III. To obtain a free and unlimited Parlia∣ment, and a free general Assembly, in order to the redressing of their Grievances, to prevent Popery, and to extirpate Prelacy from among them.

This therefore being the Cause they appear'd for and resolv'd to own, They humbly requested the King's Majesty to restore all things as he found them, when God brought him home to his Kingdom. Or if that could not be obtain'd, then they heartily invited, in∣treated, besought and obtested in the bowels of Jesus Christ, all who were under the same Bonds with them, to meet in the Defence of the Common Cause and Interest. And they requested their Country-men,

the standing Forces of the Kingdom, of whom many were their Friends and Relations, not to Fight against them, lest in so doing they should be found Fighting against the Lord, whose Cause and Quarrel they were sure he would own, seeing they fought under his Banner, who was the Lord of Hosts.

Upon the publishing of this Declaration, the Numbers of the Rebels increas'd, and they be∣gan to embody themselves to maintain their zea∣lous Madness. Insomuch that at the latter end of this Month, about four-score of their Number, well mounted and arm'd, went to a place call'd Rugland, and there Proclaim'd the Covenant, and burn'd several Acts of the Scotish Parliament, as the Act concerning the King's Supremacy: the Recissory Act; and the Act appointing the An∣niversary of the twenty ninth of May. And that being done, they affix'd a certain Scanda∣lous and Traiterous Paper or Declaration, on the Market-Cross of the same Town, different from what has been already repeated, and in the following scurrilous Terms.

The Declaration of the Rebels in the very words as it was design'd to have been put up by them at Glasgow, and actu∣ally set up at Rugland.

AS the Lord had been pleas'd still to preserve and keep his Interest in the Land, by the Testimony of some faithful Witnesses from the beginning, so in our days some have not been wanting, who through the greatest of hazards, had added their Testimonies to those who have gone before them, by suffering Death, Banish∣ment, Torturings, Finings, Forfeitures, Im∣prisonments, &c. flowing from cruel and per∣fidious Adversaries to the Church and Kingdom of our Lord Jesus Christ in the Land. There∣fore We, owning the Interest of Christ, accor∣ding to the Word of the Lord; and the Natio∣nal, and Solemn League and Covenant, desire to add our Testimony to the Testimony of the Worthies that have gone before (though un∣worthy, yet hoping as true Members of the Church of Scotland) and that, against all things that have been done prejudicial to his Interest, from the beginning of the Work of Reformati∣on in Scotland, especially from the Year 1648. to the Year 1660. against these following Acts. As

1. The Act of Supremacy.

2. The Declaration whereby the Covenants are condemned.

3. The Act for the Eversion of the Establi∣shed Government of the Church, and for Esta∣blishing of Prelacy, and for outing of Christ's Ministers, who could not conform thereto by an Act Recissory of all Acts of Parliament, and As∣semblies, for the Establishment of the Govern∣ment of the Church of Scotland according to the Word.

As likewise that Act of Council at Glasgow, putting that Act Recissory in Execution, where∣by at one time, were violently cast out above three hundred Ministers, without Legal Proce∣dures.

Likewise the Act, appointing a holy Anni∣versary, to be kept upon the twenty ninth day of May, for the giving thanks for the upsetting of a Usurping Power, destroying the Interest of the Church in the Land, which is to set up the Creature to be worshipp'd, in the Room of our great Redeemer, and to consent to the assuming the Power, that is proper to the Lord alone, for the appointing of Ordinances in his Church. As particularly the Government thereof, and the keeping of a Holiday, and all other sinful and unlawful Acts committed by them.

And for confirmation of this our Testimony, we do hereby this day, being the twenty ninth of May 1679. publicly burn them at the Cross of Glasgow most justly, as they Perfidiously and Blasphemously had burnt our holy Covenant through several Cities of the Covenanted King∣doms.

We judge none will take exceptions at our not subscribing this our Testimony being so solemnly gone about: for we are ready always to do it, if judg'd necessary, with all the faithful suffering Brethren of the Land.

June 1679.

This Declaration they intended to have put up at Glasgow; but the Neighbouring Parts being hotly alarum'd by these' proceedings, Captain Graham of Clover-House upon intelligence of a great number of Men, being gather'd together upon Loundoun Hill, march'd thither with his Troop, and a Company of Dragoons, and there found a Body of Fourteen or Fifteen hundred Men, well arm'd and in good Order. The Foot were Commanded by one Weir; the Horse by Robert Hamilton, and three more, whose names were, Patton, Balfour and Haxton; of which the two last were deep in the Murder of the Archbishop of St. Andrews.

The Rebels, upon the approach of Captain Gra∣ham, sent out two Parties to skirmish with him, which he beat into their main Body. Upon which they advanc'd upon him with their whole Force. Yet notwithstanding all their Number, and though his own Horse were kill'd under him, being soon mounted upon another, he made good his ground, till at last being overpower'd by Number, after a great slaughter of the Rebels, with the loss of his Cornet, two Brigadeers, eight Horse, and twenty Dragoons, he was for∣ced to retreat toward Glasgow; being after all this, constrain'd to Fight his way thorow the

Townsmen of Strevin, who were got together to oppose him, of whom he left ten or twelve dead upon the place.

The Rebels, thus finding themselves superior in Force, had the confidence, the next day, to at∣tack the City of Glasgow at two several times. But all the Streets were so well barricado'd by the Lord Ross, and the Souldiers there put into so good and advantagious posture of Defence, that the Rebels were beat off with a conside∣rable loss, besides many Prisoners that were ta∣ken. Whereupon the Horse and Foot in the Town sally'd out upon them, and forc'd them to retire.

But now to leave Scotland for a while, let us return to London, to which place Transactions no less signal call us back. For upon the se∣venth of this Month, the Marquis d'Auronches, Embassador extraordinary from the Crown of Portugal made his public Entry, having been receiv'd at Greenwich by the Earl of Kent, and Sir Charles Cotterell, Master of the Ceremonies, and from thence brought by Water in the King's Barge, with several others of his re∣tinue, to Tower-Hill. Where when he Landed he was saluted with a discharge of several pieces of Cannon, put into his Majesties Coach of State and conducted to Westminster. His Equipage was very splendid, consisting of six Pages, who with the Gentleman of his Horse, rod on Horsback, and twenty Foot-men; And his three Coaches, one of which was more remarkable for its rich∣ness, were follow'd by a numerous train of others with six Horses a piece. Being come to his

Lodging, he was complimented from the King, by the Lord Berkley of Stratton, and from the Queen, by Sir William Killegrew, her Majesties Vice-Cham∣berlain.

The next day, but one, he was conducted to his Audience of their Majesties, in the Banquet∣ting-House, by the Earl of Shrewsbury and Sir Charles Cotterell, being splendidly attended from Westminster in the King's Coach of State.

As for the Papists, they were still as great mis∣believers as ever, cry'd up the innocency of their own pretended Martyrs, exclaim'd against the Injustice of their Condemnation, and labour'd by all means imaginable to persuade the World into a concurrence with their pretended suggestions. As that Religion seldom wants weak and impro∣bable Arguments among the Wise, to stumble mean and Vulgar Capacities. Therefore it was now thought convenient to bring the rest of the crue, that were in hold, before the face of Ju∣stice, that by their Tryals and Condemnations, they might silence the folly of vain Insinuation, and confirm the Impiety of those that had prece∣ded them in Punishment.

To which purpose, toward the middle of this month, Thomas White, aliàs Whitebread, Provin∣cial of the Jesuits in England, William Harcourt the pretended Rector of London, John Fenwick Procurator for the Jesuits in England, John Ga∣ven, aliàs Gawen, Anthony Turner, and James Corker, were brought to the Bar of the Session's-House in the Old-Baily.

As for Corker, he presented a Petition to the Court, setting forth that he was absolutely sur∣priz'd,

and unprepar'd for his Tryal, and therefore besought the Court that he might not be try'd till the next Sessions.

To this the Court seem'd inclinable enough, nor did the Attorney General gain-say it, upon condi∣tion that he could really make it out, that he wan∣ted Witnesses, without which he could not make his Defence. However it was thought fitting that he should hear the Charge that was against him read; to the end he might be able to give the Court an accompt what witnesses he had, that might avail him in reference to his defence against it. Which being done, the former question was put to him again; and then he nam'd a witness to prove that he was not in Town upon the 24th of April; So that being respited till the next day, the Court said nothing farther to him that sit∣ting.

The other five stood charg'd of High Trea∣son; the particulars whereof were,

That upon the twenty fourth of April, in the thirtieth Year of the King's reign, they with others did Conspire to raise up Sedition and Rebellion: to cause a most bloody Massacre of the King's Subjects; to depose the King of his Govern∣ment, and bring him to an untimely Death, to alter the Government and Religion establish'd by Law, and to levy War against the King.

It was further lay'd to their Charge in the In∣dictment,

That in pursuance of their evil In∣tentions, and the better to accomplish their Designs, They met together, held Consultati∣ons, and agreed to murther the King; and upon that bloody foundation to build the

progress of their Villany; which was to in∣troduce the Superstition of the Church of Rome instead of the Religion establish'd by Law. It was concluded that Grove and Pickering should commit the Murther, for which White∣bread and the other persons Indicted, Contra∣cted, with the one for such a number of Mas∣ses, and with the other for a certain sum of Money. That they did also make diligent en∣quiry for four other Persons unknown, and when they came to them, did both animate and embold'n, encourage and abet them to kill the King at Windsor. And all this advisedly, and out of a Traiterous Malice and Hatred against the King, and the National Government and Religion.

The Indictment being read, Whitebread repre∣sented to the Court, that in regard he had been try'd upon the 17th of December before, upon the same Indictment, at what time the Jury be∣ing impannell'd, and the Evidence found insuf∣ficient which came in against him, the Jury was discharged without a Verdict, he was inform'd that no man could be try'd, and consequently be put in jeopardy of his life twice for the same cause. For which reason he made it his humble suit, that he might have Counsel to direct him upon that point in the matter of the Law. He urg'd that his life was in danger, as being deli∣ver'd over in Charge to the Jury: and to make it out, he alleg'd the Case of Sayer, in the 31 Eliz. who having pleaded to a former Indict∣ment for a Burglary, was Indicted a second time; upon which it was the Opinion of the Judges, that

he could not be Indicted twice for the same fact. He likewise desir'd a sight of the Record, and that he might be inform'd, Whether, or no, when a per∣son comes upon his Tryal, he ought not either to be Condemn'd or Acquitted?

Upon the whole matter and his motion together, the Court declar'd to him, That the Jury being discharg'd of him, his Life was in no danger. For that the Jury being Sworn to make a true delive∣rance of the Prisoners in their Charge, their Charge could not be full, till the last Charge of the Court, after Evidence. Moreover, he was told, That such a Plea, as he produc'd, could not be supported without a Record: but that it was cer∣tain, that there was no such Record of the 17th of December, for that there was no Verdict; and be∣sides, it was not the same Indictment, in regard it contain'd new Matter.

Fenwick offer'd the same Plea, enlarging himself upon it. That both of them were then in the same danger with the other three that had suffer'd; in regard that if Mr. Bedloe had giv'n the same Evi∣dence against Him and Whitebread, as he gave against the rest, they two should have been like∣wise condemn'd. So that the Evidence falling short, he suppos'd, that they ought to have been discharg'd.

But the Court returning the same Answer to him, as to the former, they both submitted, and so all of them Pleaded severally not Guilty to the In∣dictment.

When the Jury came to be Impannell'd, they ex∣cepted unanimously, without naming them, against all those Persons that had serv'd before as Jury∣men

in the same Cause: which the Court allowed them, as but reason; and gave order to the Clark of the Arraignments, not to Impannel any that were upon the former Jury.

When the King's Counsel had open'd the Indict∣ment, Dr. Oates was the first Witness sworn, who Depos'd against Whitebread,

That he was made Provincial the last December was Twelve∣month, and by Virtue of his Authority, order'd one Conyers to Preach in the English Seminary, upon St. Thomas of Becket's day, That the Oaths of Allegiance and Supremacy were Anti∣christian, Heretical, and Devilish: which ac∣cordingly was done.

That he wrote Letters in January or February to St. Omers, relating what Talbot had written to him about the State and Condition of Ire∣land: the purport whereof was, That thousands would be ready to Rise so soon as the Blow was given. By which word Blow they usually meant the Murther of the King, as those of the Society had Instructions to understand. And this Blow, Whitebread wrote in his Letter, That he hop'd it would not be long before it should be given.

That he was at the Consult at the White Horse-Tavern, upon the 24th of April, and there a∣greed upon the Resolve; That he sign'd the Resolve at Wild-House. That the Resolve was, That Grove and Pickering should proceed in their Business to dispatch the King, as a good Ex∣pedient.

That he saw Whitebread Administer the Oath of Secrecy to all that were then present at the

Consult, Mico holding the Book, which was a Mass-Book.

That he was Authoriz'd to Seal Military Com∣missions, of which he had Seal'd some Hun∣dreds.

That in June he went over into Flanders, to look to his Charge, as being Provincial; and there, in Discourse with some of the Fathers, us'd this Expression, That he hop'd to see the—at Whitehall laid fast enough, and if the Brother should appear to follow his steps, his Passport should be made too.

That upon Sir George Wakeman's refusing to Poison the King for 10000 l. He advis'd the ad∣ding of 5000 l. more, and was highly pleas'd that he had accepted it.

Mr. Dugdale being Sworn, Depos'd against White∣bread,

That in a Letter from Mr. Groves to Mr. Ewers, he saw one of Mr. Whitebread's, to take none but stout desperate Fellows, not matter∣ing whether they were Gentlemen, or no; and that they were to take away the King's Life.

That he had seen Whitebread at Harcourt's Chamber with Le Faire, Pritchard and others; where they fell into discourse concerning Sir Geo. Wakeman's bogling at 10000 l. and so agreed to make it up 15000 l. to which Whitebread rea∣dily consented.

Mr. Bedloe being Sworn, charg'd it upon White∣bread,

That he gave Coleman an Account of send∣ing the four Irish-men to Windsor.

As to Fenwick, it was sworn against him, by Dr. Oates,

That he came with him from Dover to Lon∣don

in June was Twelvemonth, and that he, and one Ashby, or rather Thimbleby, brought over In∣structions from Whitebread, to offer Sir George Wakeman a Summ for poisoning the King, and for the filling up a Blank Commission to Sir John Gage, to be an Officer in the Army.

That Ashby being to go to the Bath; Fenwick advis'd him, upon his leaving that place, to take a turn about Somerset-shire, and to possess the people there with the Matter, not doubting but that the Gentleman at Whitehall would be dispatch'd before he came back.

That Fenwick was with others at Wild House, upon 21 of August, at what time there was Four∣score Pound before them, upon a Table: which Money was for those that were to kill the King at Windsor; and was present when the Money was paid to the Messenger.

That the said Fenwick being at a Consult at the Benedictins, receiv'd advice from Talbot, out of Ireland, of a Design to kill the Duke of Ormond, desiring Commissions and Money for advancing the Design. Upon which the said Fenwick sent Commissions to Chester by an Express, and other Letters by the Post: and moreover, deliver'd the Witness Money for his necessary Expences, charging him to procure some Masses to be said, for a prosperous Success of the Enterprize.

Mr. Praunce being sworn, Depos'd,

That Fen∣wick being in discourse with others at Ireland's Chamber, was there saying, That there would be 50000 Men in readiness so set up the Catholick Re∣ligion: and that he asking Fenwick what would become of Tradesmen, if the business should come

to a War? the said Fenwick bid him never to fear a Trade, for that there would be Church-work e∣nough for him, as Crucifixes, Images, and the like.

Mr. Bedloe being sworn, Depos'd,

That he had seen Fenwick both at Whitebread's and Harcourt's Chambers, when the Murther of the King was dis∣coursed of, and that he agreed with the rest, and consented to it.

As to Harcourt, Dr. Oates Depos'd,

That he was one of those that were at the great Consult, and Sign'd the Resolve.

That he was present at the filling up of a Blank Commission to Sir John Gage, to be one of the Of∣ficers of the Army.

That he paid the Messenger the Fourscore Pound, which was for the four Assassinates at Windsor, in his own Chamber.

Mr. Dugdale Depos'd against him, That he be∣ing

pitch'd upon to be one of the King's Murde∣rers, was by Harcourt chosen to be dispos'd of at London for that purpose, under the Tuition of one Mr. Parsons.

That there was a Letter written from Paris, which pass'd through Harcourt's hands, wherein Advice was given to the Conspirators in Eng∣land, so to order the Business, that the Death of the King might be accounted a Presbyterian Plot, and in case of his Miscarriage, to engage the Protestants in a Revenge upon the Presbyterian Party, as guilty of the Fact. And after that, to go on to a Massacre; and those that escap'd it, to be afterwards totally cut off by the Army.

That he had seen several Treasonable Let∣ters, striking at the Life of the King, and the Protestant Religion, which the Witness had in∣tercepted and read, at least a hundred of them, all sent from Harcourt to Ewers, under a Cover from Groves.

That the first Intelligence of the Murther of Sir Edmundbury Godfrey, which they had in the Country was sent from Harcourt, which Letter came to Harcourt on Monday, and bore date on Saturday, upon the night of which day the said Murther was committed, with these particular words, This Night Sir Edmundbury Godfrey is dispatch'd.

Mr. Praunce being sworn, Depos'd,

That Har∣court had told him above a year before, as he was paying him for an Image of the Virgin Mary, that there was a Plot upon the Life of the King.

Mr. Bedloe being sworn, Depos'd,

That he saw Harcourt take the Fourscore Pound out of a Cabinet, and pay the Money to the Mes∣senger that was to carry it to the Ruffians at Windsor, giving the said Messenger at the same time, for Expedition, a Guiney, as from Coleman, to drink his Health.

That the Summ of 1500 l. which was to have been Groves Reward for killing the King, was agreed upon and appointed in Harcourt's Chamber.

That he was one of those that agreed and consented to the addition of 5000 l. to the first 10000 l. to be given to Sir George Wakeman.

That he was very well acquainted with the Witnesses bringing over divers Pacquets and Portmantles from beyond the Seas, of which he had brought over several for himself.

That he had brought him several Letters from Wotton, St. Omers, Bruges, Paris, Valladolid, and Salamanca, all of them for carrying on the Plot of changing the Religion of England, and overturning the Government, what Men, what Money in readiness, and what more expected. That the Contributions and Account lay generally in Harcourt's hands, and that he had carri'd se∣veral Papers from Harcourt to Langhorn concern∣ing the same matter.

The said Witness farther Depos'd,

That he car∣ri'd a Consult to St. Omers from Mr. Coleman, to whom Harcourt went with him, and that in that Consult was the main of the Design; and lastly, That he saw Harcourt give Sir George Wakeman a Bill upon some certain Citizen for 2000 l. telling him at the same time, that it was in part of a greater Sum.

As to Gavan, Doctor Oates Depos'd,

That he saw his Name to the Resolve, though he could not Swear he was at the Consult of the 24th of April.

That he gave an account from time to time of the Affairs of Stafford-shire and Shrop-shire, relating to the Plot; and that coming to London, he gave the same account to Ireland in his own Chamber, and talk'd of Two or Three Thousand Pound that would be ready for the Design.

Mr. Dugdale Depos'd against Gavan,

That it was he who engag'd the Witness in the Plot upon the Life of the King, and often persuaded and en∣courag'd him to it.

That at Ewers's and the Witnesses Chamber, at Boscobell and other places, several Consul∣tations had been had about the Death of the King, and bringing in of Popery. Wherein Mr. Gavan was always a great Man, ha∣ving a good Tongue and the Faculty of mo∣ving the People.

That at the same Consultations he had heard the Massacre often discours'd of. And that Ga∣van should say, That though they were but in a low Condition themselves, yet they would have Men and Money enough to spare for such a Design.

That the said Gavan had many times en∣deavour'd to convince the Witness of the Law∣fulness, if not the Merit of killing any per∣son whatsoever for the advancement of their Re∣ligion.

As to Turner, it was sworn by Dr. Oates,

That he was at the Consult at Fenwick's Chamber, and Sign'd the Resolve.

Mr. Dugdale also Depos'd,

That Ewers had told him by word of mouth, That Turner was to carry on the Design in Worcester-shire.

That the said Turner had met with Ewers, Le∣veson and others in several places, and had in every one of them given his consent to, and assisted with his Counsel in the carrying on of the Grand Design of killing the King and Introducing of Popery.

This was the main of the Evidence for the King.

The main Defence of the Prisoners lay in seek∣ing to invalidate the Testimoney of the Witnes∣ses. And indeed they thought they had done their business, by calling over to their assistance a cluster of Birds of their own Feather; a crue of young Seminarians, nurtur'd up at St. Omers in all their own Principles, and Lessons of Equi∣vocation, and Jesuitical Tongue-Jugling, and Religious Velitation. These were the Emets of Tunquin, that were in one hour to eat down the Pillars of the King's Evidence, by pro∣ving, That Doctor Oates was at St. Omers upon the 24th of April; and so not being ubi∣quitary he could not be at the same time at the White Horse in the Strand: and then the Plot had vanish'd, the Witnesses had been meer Accusers, that is to say, Diaboli indeed, and they had been as Innocent as the Children unborn.

This flexible Flock were very punctual to their time, and laid their Allegations home e∣nough; nay some of them were so positive, that they affirm'd, That Dr. Oates never lay but two Nights out of the Colledge, from December till the middle of June. So that when the Cloud that rain'd upon the King's Evidence came to be dis∣sipated by the warm Testimony of Sir Richard Barker, Mr. Walker, and Mr. Smith, all Scho∣lars and Men of unbyass'd Repute, and seve∣ral others, though of meaner Quality, yet of honest Reputation; it was a thing that could not be a little admir'd, to see the

Effects of blind Popish Education: that so many young Declaimers should make such an early venture of their Credit, as to out-brazen Truth it self, in a matter, which upon the mani∣fest Contradictions of their Affirmatives, it ap∣pear'd, could not be unknown to themselves. There is but one Consideration that pleads for them, That as they were under Disci∣pline, they durst not but Swear in verba Ma∣gistri: well knowing what Entertainment they were to expect at their return, if they did not stand fast to their tackling. Their Ma∣sters knew no better means then to oppose blind Zeal against blind Justice. Having arm'd delu∣ded Youth with all the promis'd Rewards, that could on their supporting attend the weak Cause of their Ghostly Fathers in the Clutches of the Law, by any irregularity of mis-guided Con∣science whatsoever.

Thus then stood the Ballance of the Evi∣dence, as to the Defence of the Prisoners on both sides. Some affirm'd, That they were not in Town, but in such and such places in the Country at the times they were sworn to be in London, and consequently could not be guil∣ty of Crimes said to be committed in the place where they were not at that time, as the home-Friends of the Prisoners alledged. Others, and those the St. Omer's Youths, affirm'd, That Doctor Oates was at the Colledge of St. Omers all April and May, and in all that time they saw him constantly there, saving onely one Night that he lay forth. And that Sir John Warner and Sir Thomas Preston did not come into

England with the Doctor, as he had sworn, for that they were daily seen in or near the places of their Residence all April and May, whereby they surely thought they had subverted the Do∣ctor's Evidence.

On the other side, the Witnesses for the King positively swore, That they did see the Doctor in Town either in the beginning of May, or the latter end of April, and that they knew him and spake with him in his Disguises.

Whitebread's Plea was, That having urg'd Do∣ctor Oates at the last Tryal, to name any one that he had seen in Town, he could name no body. And so likewise afterwards, at the Committee he averr'd, That the Prisoner lay privately at Groves's, when he never lay there at all: and then again, he had been positive, that he staid here but six days, and saw little Company. Another Contradiction, for that the Evidence had affirm'd, That in the end of March, or the middle of April, he saw him here, whereas Doctor Oates himself had declar'd, that he cross'd the Sea with Hilsley the 17th of April. So then if he landed in England the 17th of April, and continu'd here good part of May, how could it be that he staid in England but six days. But to this the Court gave answer, That the precise day was not so punctually sworn to; so that Doctor Oates might be seen here the latter end of April and the beginning of May, and yet his Testimony stand good.

Fenwick desir'd the Court and the Jury to scan the Evidence on both sides: and to consider that the one spake to the whole time, upon a daily Conversation, and the other onely to this or that day; or of seeing Doctor Oates in a Disguise. On the one side, so many young Gentlemen vir∣tuously Educated; on the other, a needy sort of people that sought to mend their Fortunes by their Swearing. So that his Testimony was false as to Sir John Warner, Williams, and Sir Thomas Preston. Or if the Evidence might be conclu∣ded equal, what was the main support of his Evidence? several Letters, as he pretended from Mr. Whitebread; which, if it were true, the Prisoners deserv'd to be hang'd for Fools, as well as for Knaves, for trusting a person they ne∣ver had any esteem for, and one whom the Col∣ledge had expell'd.

As for the Commissions and Letters he spoke of, it was a wonder, that almost a year after the making of the Discovery, and thousands of Let∣ters seiz'd, not one Commission should yet ap∣pear; not one Penny of Money, nor any Order for it; no Arms found, nor out of all those Letters, any thing discover'd toward the De∣sign. And for all the Writings Sign'd, which he had sworn to be hundreds, not one single Pa∣per to be produc'd in confirmation of it. Upon which he concluded, There was no ratio∣nal Proof among them all, but Saying and Swearing; and that was that he would stand by.

Harcourt declar'd, That he was then in the Seventieth Year of his Age, yet never in

his whole Life had been accus'd before a Ma∣gistrate before. But that it was impossible to prove a Negative; and that there was no other Evidence against him, but downright Swearing.

Gawen offer'd to the Court, That it was nei∣ther prov'd that he was at the Consult, neither was he capable of it; appealing to Harcourt, and the rest, Whether he were there, or no? and denying it upon the words of a dying man.

As to his Name being to the Resolve, which was laid in July, he had prov'd himself to be in Stafford-shire the last week of that Month.

He farther mov'd, Whether being accus'd by one Witness for a Fact committed in London, and by another, for a Crime in Stafford-shire, those two Witnesses could go for two Wit∣nesses in Law? But as to that he was over∣rul'd, as being a Question already resolv'd in the Case of Sir Henry Vane, against whom distinct Witnesses prov'd distinct Facts commit∣ted in several Countries, yet being all overt Acts of one and the same Treason, the Evidence was adjudg'd to be good.

His second Plea was grounded upon the Circumstances of credible Witnesses, and clear Evidence, but that in his Case there was nei∣ther the one nor the other; and therefore he ought not to be Convicted by such Witnesses, nor such Evidence. In Answer to which, the Court inform'd him, That they were lawful Wit∣nesses, because not convict of any Crime that might destroy their Testimony: And for their

Credit, that was in the breast of the Jury to judge of.

Turner's Plea was only a bare Question, Whe∣ther it were reasonable to admit those people to an Oath in Evidence, who for Scandal had been de∣barr'd the Sacrament, as he undertook to prove by one Hastings, but he being call'd, and not appear∣ing, the Court proceeded to give Directions to the Jury, wherein the Evidence was so fully justifi'd, and all their Objections so clearly answer'd, that the Jury, after they had withdrawn, made no long stay to satisfie themselves, but after a quarter of an hour's consideration, brought them in all Guilty of the High Treason whereof they stood indicted. Upon which they were remanded to Newgate.

The Names of the Jury, not to be omitted for their sober and judicious Verdict, were,

• Tho. Harriot,
• Will. Gulston,
• Allen Garroway,
• Rich. Cheney,
• John Roberts,
• Tho. Cash,
• Rainsford Waterhouse,
• Matthew Bateman,
• John Kaine,
• Rich. White,
• Rich. Bull, and
• Tho. Cox, Gent.

This White, alias Whitebread, had been former∣ly a strange Proteus in Religion, and had ram∣bled about the World in several Metamorpho∣ses, in search of a good Establishment for this World. For about twenty years since, he went to Oxford, under the pretence of being a Jew, converted by some Eminent Divine of the Presby∣terian way in London. But there he pretended

a farther Light, by joyning with, and at se∣veral Churches hearing the Sermons of Dr. Thomas Goodwin, Dr. Owen, and some others, the Heads of the Independent or Congregational way. After that, as being stedfast to nothing, or rather missing his chief aim, Emolument, he fell to the Anabaptists, and from them to the Quakers, a proper Sect for them that have the true Art of Dissimulation, among whom he challeng'd Dr. Owen, and some others, in a Let∣ter written in several Languages, and that so learnedly, that it was deem'd worthy the Con∣sideration of the Convocation, by whom he was censur'd as a Jesuit, or some other of the best sort of Popish Education, and thereupon im∣prison'd in the Castle Prison in Oxford, where he pretended distraction, and acted the Madman so rarely to the life, that in few days some Friends of his procur'd his liberty. He was seen several times running up and down the Streets, with his Hat under his Arm, full of Stones, throwing at every small Bird he saw. But e're long he was met by a Minister of the Church of England, at the House of a Roman Catholick, who there heard him Discourse so gravely, learnedly, and discreetly, that he got not onely into an acquaintance but familiarity with him; insomuch that this Gentleman being of Maudlin Colledge, he there gave him several Visits in several Disguises. But at length, be∣ing again suspected, and in danger of being apprehended, he stole away privately for Lon∣don. To which place business calling the same

Gentleman, about six Months after, he was no sooner come to Town, but he had notice of a famous Preacher among the Quakers, near Cha∣ring-Cross; and the same day he met White∣bread, the great man of Fame, going to speak in an old fashion pink'd Fustian Jerkin, clouted Shoes, his Breeches fac'd with Leather, and a Carter's Whip in his hand, in that Garb alto∣gether disguiz'd from his knowledge: howe∣ver he knew the Gentleman, and spake to him, and so they renew'd their acquaintance. For that time however they took leave, and he went forward upon his intended work, but the next day he came to the Gentleman's Quarters in the neat habit of a London Minister, and carried him to his own Lodging within the Precincts of the Middle-Temple, where he gave the Gentle∣man a handsom Entertainment, and a sight of the several odd Habits in which he dis∣guiz'd himself to the several sorts of people into whose good Opinion he had insinuated himself. There the Gentleman saw his Or∣ders from Rome, and an Instrument wherein he was assur'd of, and had Orders to receive of certain Merchants in Town, a Hundred Pound per Annum, besides a yearly Pension of Eighty Pound from his Father. He pre∣tended to this Gentleman, that he was born at Wittenbergh, and that his Father's Name was John White, and in the Writing he him∣self was stil'd Johannes de Albis by the Court of Rome. He was both Jesuit and Priest in Orders, for that to the same Gentleman's know∣ledge

he celebrated Mass in one House in South∣wark to more then Forty; after which, upon the same day he visited several Presbyterians and others. The same Gentleman continu'd in his Company for about a Month, till he was appre∣hended, and by special Order from the Prote∣ctor imprison'd in the Tower of London, where he lay above six Months. No wonder then, that he stook closest to the Romish Church, for she it seems was his best friend, and gave him the fairest Allowance: what signifi'd a little Impri∣sonment for her sake, who gave him a hun∣dred pound a year to support him in his tribu∣lation?

The next day Mr. Langhorn was brought to his Tryal at the same Bar. A Councellor at Law, and one who got his bread by that very Law which he was plotting to subvert. An imprudent piece of Ingratitude, to forego the Law of his Country, which afforded him a sub∣stantial Employment, to catch at the shadow of a Judge Advocate Generals place in treasonable Hopes.

The general sum of his Charge was High Trea∣son, for conspiring the Death of the King, and endeavouring an Alteration both in Church and State. The particular Charge against him was,

That in order to the accomplishing, as much as in him lay, these designs of his, he had wrote two Letters to be sent to Rome, and St. Omers, to procure aid from the Pope and the French King, on purpose to introduce a change of the Religi∣on by Law establish'd in the Kingdom, and to set up the Romish Religion in the stead thereof.

That he had wrote two other Letters to one Anderton, Rector of the English Colledge of Je∣suites at Rome, and two others to be sent to St. Omers, wherein he undertook to advise the means and ways by which the success of those Treasons might be made to answer their expe∣ctations.

That he had received several Commissions in writing, transmitted to him by an Authority that deriv'd it self from the See of Rome; which Commissions were for constituting Military Of∣ficers to command in an Army which was to ef∣fect their Treasons by force.

That he was privy to all the Consultations of the rest of the Conspirators for carrying on the grand design, and that he had sollicited the Be∣nedictine Monks for 6000 l. for the same purpose, and had notice from time to time of the Treasons and Conspiracy's of the Confederates.

To make Good this Charge Mr. Dugdall and Mr. Praunce were both sworn to give a short evi∣dence of the reality of the Design in general. Which being done Dr. Oates was sworn to particu∣lars, who thereupon depos'd,

That upon his re∣turn out of Spain in November 1677. he brought Letters from Mr. Langhorn's sons, the one in the Jesuites Colledge at Madrid, the other at Valla∣dolid, and that when the Witness told him that he believ'd his Sons would both enter into the Society, Mr. Langhorn shew'd himself not a lit∣tle pleas'd, saying that by so doing they might quickly come to preferment in England, for that matters would not hold long in England as they were.

That upon his return to St. Omers he carry'd two Letters written by Mr. Langhorn, one to the Fathers, another to Mr. Le Cheese the King of France's Confessor, as Mr. Langhorn expres∣sed himself, in order to our Affairs in England, and to the same effect as Mr. Coleman had wrote to him before.

That not long after he wrote another Letter to the Fathers, expressing his wonderful zeal for the Catholic Design, declaring moreover that the Parliament began to cool in the business of the Protestant Religion, and that therefore, spea∣king of the present Opportunity, Now was the time to give the Blow.

That though he were not at the Consults, yet that the Witness was order'd to give him an ac∣count from time to time; and that upon a plea∣sing report made by the Witness, Mr. Langhorn, with Hands and Eyes lifted up to Heaven, Pray'd God to prosper them.

That the Report of the Witness was, That the Death of the King was resolv'd upon, and that Grove and Pickering were chosen out for the Execu∣tion of the Result.

That at the same time several Parchments were lying upon Mr. Langhorn's Study-Table, which he found to be Commissions for the Lords, Arun∣del of Wardour, Powis, Bellasis, and Petre, to be Chancellor, Treasurer, General and Lieutenant General. Another for Coleman to be Secretary of State, and another for himself to be Judge Advocate of the Army; all which had the Je∣suites Cross upon them, and were sign'd Paulus D'Oliva.

That he saw the Answer of Le Cheese and An∣derton to Mr. Langhorns Letters, wherein they assur'd the Fathers of their firmness to the Eng∣lish Society, and that the French King would certainly assist them for carrying on the work.

That Mr. Langhorn, being the Jesuites Sollici∣tor, went with Harcourt, Fenwick, Keines, and Langworth, to the Benedictine Monks, to desire their Aid toward the Work.

That being told that Sir George Wakeman re∣fus'd 10000 l. for poysoning the King, he made Answer, That it was a public work, and a Body would have done it for nothing, but that he was a Covetous and narrow Soul'd Man.

Mr. Bedlow being sworn, deposed,

That he was entrusted with certain Letters from Mr. Cole∣man to Le Cheese; but that first Mr. Coleman car∣ry'd the Witness to Mr. Langhorn's Chamber, who there enter'd the said Letters; the scope of which, was to inform Le Cheese, that he wanted nothing but Money to accomplish the Work, and to learn what supplies they might expect from France.

That at another time he carry'd to Mr. Lang∣horn another Pacquet containing several Letters to be by him register'd, being sent to him for that purpose by Mr. Harcourt.

That he transcrib'd three Letters, one to Fa∣ther Anderton, the other to the Pope's Nuntio, and a third to Le Cheese, wherein were these expres∣sions; That the Arms and Hearts of the Catholics were all ready, and that considering the Easiness of the King of England, and the Strength of the Power of France, the Opportunity was by no means to be neglected.

Mr. Langhorn offer'd to the Court that the two Witnesses against him were Parties to the Crime which was laid to his Charge, and therefore he desir'd to know whither they had their pardons or no? Which though it were sufficiently made out, yet the Court for the prisoners further satisfaction declar'd, that whether they had or had not, they were nevertheless good Witnes∣ses, or else they should not have been admit∣ted.

Upon which another Question was started by the Prisoner, Whether having had their pardons they might not fall under the same prospect in Law with an Approver, not as being approvers, but as under some Equivalence of reason with them. From whence he would have drawn this Consequence, That if the Approver be pardon'd, the Appellee ought to be dis∣charg'd.

To this the Court made Answer, That an Approver was ever allow'd maintenance, and that there ought to be a proof of Corrupt, Con∣tract or Subornation, to invalidate a Testimo∣ny.

This failing he desir'd to know, whether they had ever receiv'd, or whether they did not ex∣pect Gratifications, and Rewards, for their dis∣coveries.

In Answer to which Dr. Oates declar'd, That he was so far from having receiv'd a Reward, that he was a very large sum of Money out of pocket, which he knew not whether he should ever receive again or no.

The Prisoner urg'd that Mr. Reading had told him that Mr. Bedlow had receiv'd Five hundred pound. But the Court inform'd him that that was not upon account of the Plot, but for the discovery of the Murtherers of Sir Edmund-Bury Godfrey.

These little passes being all put by, and fin∣ding himself ready to sink, he catches hold of the Saint Omers twigs, and flyes to the allega∣tions of a shoal of young boys already baffl'd by the Verdict of a former Jury. The Court however, since he depended upon it, and desir'd it, could not avoid the trouble of a reexaminati∣on of the same testimonies which had been heard the day before.

For the Prisoners satifaction therefore they were all examin'd over again, and the same Evidence oppos'd against them on the King's be∣half as had been at first. But this second at∣tempt of those forward striplings, rather made a farther display of the severe injunctions of their Superiors then otherwise, and prov'd ra∣ther to the prejudice of him that call'd them then to his advantage. For their Testimony still con∣tinu'd so starch'd, so straight lac'd, so fix'd to the Months of April and May, that when they were demanded any Questions concerning any other Months, they seem'd as if they had not re∣ceiv'd Instructions to Answer them. Nay some of them were so confident as to say that April and May were onely the Months in dispute, and that they were not to Answer any farther. Which so clearly evinc'd both the Court and the Jury that they came from School with a conn'd Les∣son

in their Mouths, that some persons of judgment did believe their Superiors might have spar'd them so much loss of time.

This scene being over, and the Prisoner being call'd upon to speak for himself, he did nothing else, but like a bad Logician, petere Principium; and taking it for granted that the young Lads of St. Omers had spoken Truth, which was never granted, but rather credibly evinc'd by several Oaths to the contrary, would have thence infer'd, that Dr. Oate's had given in a false Evidence, and for that reason was not to be regarded.

As to Mr. Bedlows Evidence, he offer'd that it ought to be consider'd, That there was no pro∣ving a Negative; Secondly, That he never had had any acquaintance with him, nor could say that ever he saw him before that day in his life. And therefore that it was not probable, had he been guilty, that he would ever have trusted him with a privacy of such a nature.

Having made so weak a defence, he could expect no other then to be found guilty, which was done after a very short consideration of the Jury.

Thereupon, the five Prisoners cast the day be∣fore, were all brought to the Bar, and receiv'd Sentence all together, To be Drawn, Hang'd and Quarter'd.

Upon the 21 of this Month Whitebread, Har∣court, Fenwick, Gawen and Turner, were Drawn on three several Sledges from Newgate to Tyburn, and there Hang'd, Drawn and Quarter'd according to their Sentence. Langhorn being repriev'd for longer time.

How they liv'd appears by the Crimes for which

they dy'd: how they dy'd may appear by their blasphemous Justifications of those Crimes, for which they were so fairly Condemn'd. Of which that the World may be convinc'd, let all impartial judges but compare their Speeches with the Obser∣vations that have been made upon them.