An exact abridgment of all the trials (not omitting any material passage therein) which have been published since the year 1678: relating to the popish, and pretended Protestant-plots in the reigns of King Charles the 2d, and King James the 2d.

The Trial of John Fernley, Barber, at the Old-Baily, on Monday October the 19th, 1685.

THE Prisoner then and there appearing was arraign'd upon an Indictment of High-Treason, for harbouring, concealing and re∣lieving one James Burton, whom he knew to be a Traitor, &c. to which he pleaded Not Guilty; and the same Jury, that was for Ring continued.

To whom the Indictment being read, it was opened by Mr. Phips, and Mr. Soliciter Gene∣ral, and then the Record of the Outlawry of James Burton was produced; and the said James Burton being sworn, deposed, That he came to London, out of Monmouth's Army in the West, on Wednesday about three Weeks after the Rout; that he lodged two Nights with his Wife; and then she being acquainted, procured him a Lodging at Fernley's, where he lodg'd two Nights more, and was took there on Sunday Night. That he had been gone two Years be∣fore, being in the Proclamation for being with Rumbold at the Mitre-Tavern within Aldgate. That he saw not Fernley till Sunday at dinner, and then they discoursed of the Rout of Mon∣mouth's Army.

Mrs. Mary Burton then swore, how she being acquainted with Mrs. Fernley procured a Lodg∣ing for her Husband there, not thinking him safe at home.

Then Mr. Reynolds deposed, that he took Bur∣ton the beginning of August last, at Mr. Fernley's House, on a Sunday about eight a Clock at Night, up one pair of Stairs, who was got into the Chimney, and tumbled down, while he was there with the Soot about him; and one pair of Stairs higher, he took Fernley for harbouring him, who then said he knew not who Burton was. After this Burton's Pardon was produced and read, whereby he was rendred a Legal Witness.

Then the Prisoner said, he knew nothing of Burton till Sunday at dinner, and then he dis∣coursed him about his Escape in the VVest; and that after dinner one Mr. Gaunt came to him, and told Burton he should get him a Passage in a day or two's time, and that he should take no care for Clothes or Money. That he designed to have acquainted a Magistrate with his being at his House the next morning, and because Gaunt said he would come again, he delayed (though he himself was a Constable) with a design to apprehend them both.—And to testify his Con∣versation, he called one Mr. William Rush a Di∣stiller, who appearing; an Officer presently in∣form'd the Court he was a great Whigg; Nay, (said Mr. Justice Withers) if he be a Whigg, he cannot be a little one. Mr. Rush said, Mr. Fern∣ley always demeaned himself well among his Neighbours, and was a good sober Man. Mr. Justice Withins again reply'd in Scorn, A Wap∣ping Man, A sober Wapping Man. Then Cap∣tain Haddock, and Mr. Dove were called, but refused to come in. But Mr. Whittal came in, a Plumber, who being ask'd if he went to

Church, answer'd he did constantly: Yes (said Mr. Justice Withins) there were a parcel of them that went constantly to Church Trimingly. Mr. Whittal testify'd to Mr. Fernley's sober Con∣versation, and that he went always to Church, and he never heard him speak against the Go∣vernment.—The Prisoner then added that he was a poor Man, and owed Money, and he knew there was 100 l. for securing Burton, and there was no Gain by concealing him; which shew'd he had no design. After the Lord Chief Justice then had summ'd up the Evidence, the Jury withdrawing, brought the Prisoner in Guilty.