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 Henry Care, Gent. at the Guild-hall in London, before the Ld. Ch. Justice Scroggs, on Thursday, July the 2d. 1680.

THen and there the Defendant appeared; against whom ah Information in Hillary-Term, the 11th of February, had been brought in the Crown-Office, charging him to be Author of the weekly Packet of Advice from Rome, or the History of Popery; particularly for that of the 1st of August, 1679. and to which by his Attor∣ney, he pleaded then Not Guilty.

His Jury were,

• ...Nicholas Bondy,
• ...Leonard Bates,
• ...Henry Avarie,
• ...Randal Dod,
• ...Nicholas Caplin,
• ...Richard Cawtham,
• ...Arthur Young,
• ...VVilliam Yap,
• ...James VVood,
• ...Thomas Gilby,
• ...John Odensel,
• ...Emanuel Coniers.

Mr. Recorder having opened the Information, Mr. Stevens, Printer, deposed that he printed the Pacquet, and had several from Mr. Care, and knew of none that ever was printed, but by him or his order; that he had treated with Mr. Care, as if he were the Author, which he al∣ways supposed; and that his Boy had brought several of them to be printed.

The Printer's Servant deposed, That he had fetch'd some of these Papers from Mr. Care's own Hands; and that sometimes his Boy brought them; and that none came, as he knew of, from any Body else.

Then the Paper of Aug. 1. 1679. was read by the Clerk, which was as followeth:

There is lately found out, by an experien∣ced Physician, an incomparable Medicament, called, The Wonder-working Plaister; truly Ca∣tholick in Operation, somewhat of kin to the Jesuits Ponder, but more effectual. The Vir∣tues of it are strange and various: It makes Justice deaf, as well as blind, and takes out Spots of the deepest Treason, more cleverly than Castle-Soap does common Stains. It al∣ters a Man's Constitution in two or three days, more than the Virtuoso's transfusion of Blood in seven Years. 'Tis a great Alexipharmiek, and helps Poisons, and those that use them. It miraculously exalts and purifies the Eye-sight, and makes People behold nothing but Inno∣cency in the blackest Malefactors. 'Tis a mighty Cordial for a declining Cause; it stifles a Plot as certainly as the Itch is destroyed by Butter and Brimstone. In a word; It makes Fools wise Men, and wise Men Fools, and both of them Knaves. The Colour of this preci∣ous Balm is bright and dazling; and being ap∣plied privately to the Fist, in decent manner, and a competent Dose, infallibly performs all the said Cures, and many others, not fit here to be mentioned. Probatum est.

Then Sir Francis Winnington (of Counsel for the Defendant) pleaded, That it was not pro∣ved that this particular Paragraph was writ by Mr. Care, but it might be a Sham put upon him by some Papists that might have an ill will to him, who had been no Friend to them, by this means to have Justice come upon him. And that however indiscreetly he might do it, yet no Ma∣lice was proved therein. Mr. Williams (ano∣ther of his Counsel) pleaded, That it could not be supposed that a good Man, and a good Sub∣ject, should do an ill Action:

And to prove him such, Mr. Sutton deposed, That Mr. Care had been with him at Church; and that by the Conversation be had had with him, he apprehended he might be the Author of the Pacquet.

Mr. Ambler only testified, that Mr. Care had been at Church with him, and that the common Report was, that he was the Author of the Pacquet of Advice.

Mr. Ayliffe also testified, that he had seen him at Church, and Divine Service, but that he ne∣ver asked him whether or no he writ this.

After which Mr. Recorder reply'd, upon the Defendant's Counsel, That it was unlikely that the Papists did write this particular Paper, be∣cause Mr. Care writ a Weekly Intelligence, and no other Intelligence came out that Week but this, &c.

The Ld. Ch. Justice then directed the Jury in a long Speech, taking notice of the Noise and Shouts which had attended this Trial; and which had quite altered the Case from Mr. Care's,

to a Publick Concern; telling the Court, how they did the like in the Case of Harris, whom yet they had forsaken as soon as he was in Goal, for 500 l. which 5 s. apiece would have dischar∣ged him from, if they were as free of their Purses, as they were of their Noises and Accla∣mations: So that in Truth they are only violent against the Government, whilst they can make Shouts and Noises; but if it come once to deli∣ver a Man from a Penal Sum, they will let him rot in Goal; this being the Complaint of Har∣ris, and the Disparagement of all these Hum∣mers, and brave Fellows that seem to espouse the Cause, and affront the Government. And that hereby they had now ruin'd and undone Care, if so be he were found Guilty, whom otherwise he should have thought a more favou∣rable Sentence might have serv'd.—

The Jury then withdrawing for about an hour, brought the Defendant in Guilty, and the Ld. Ch. Justice, and Mr. Recorder told them, They had done like honest Men.

The Trial of Elizabeth Cellier, at the King's-Bench Bar, on Friday, June the 11th, 1680.

THen and there the Prisoner appearing, and the usual Formalities being passed, and the Jury sworn, (but their Names not inserted in the printed Trial) the Indictment was read;

which was for High-Treason, for conspiring the Death of the King, and subversion of the Government and Protestant Religion: And to this end expending divers Sums of Mony to se∣veral Persons to procure them to kill the King, and to impose the said Treasons upon the Pres∣byterians, &c.—

For the Proof whereof, Mr. John Gadbury de∣posed, That he knew nothing of this Plot, nor of any Contrivance of Mrs. Cellier's to kill the King, but rather the contrary, she being con∣cern'd to bring Sir Robert Peyton over to the King's Interest; and told him, that one Smith and Phillips were willing to tell some Stories of Mr. Oates and Mr. Bedloe, and that he had heard Mr. Dangerfield talk of a Nonconformist's Plot that would take off the Popish Plot. That upon the going over of one Clay, she said she heard there were several Priests and Jesuits coming over. That she fear'd the Nation would be destroy'd before the Popish Plotters were, because abun∣dance of the best of the Nation went into other Nations, and spent their Mony abroad, which weakened the Nation. That meeting him in Westminster-Abbey, she in discourse said, that place had been filled with Benedictine Monks, as the Temple had with Fryers; and, said she, what if it should be so again? That he had been ac∣quainted with her 10 or 12 Years; and when the King was ill at Windsor, she did move some Questions to him about the Life of the King, but he refused to tell her any thing; and then she said she would consult some other Astrologer; at the same time discoursing him about Danger∣field, how to get him out of Prison.

Then Mr. Dangerfield came forth as a Witness against her; whom she excepted against, for that he had been Whipp'd, Transported, Pil∣loried, and Perjured; and by a Witness proved his Conviction of Felony; &c.

To which he pleading the King's Pardon, was sent away to fetch it; and in the mean time Tho∣mas Williamson deposed, That Mrs. Gellien em∣ployed him to get Dangerfield out of Prison, who∣soever staid behind.

Margaret Jenkins swore, She never saw Mrs. Cellier and Dangerfield together but twice, and it was a Year ago, at the Lady Powis's House; and she never heard any Discourse about the Plot.

Susan Edwards swore, That she had oft seen them together, and had heard her say, That the Popish Plot would turn to a Presbyterian Plot.

Bennet Dowdal swore, That he had oft seen them together, but never heard them talk of the Plot.

Then the Court expected Mr. Dangerfield's re∣turn; and in the mean time a Copy of a Re∣cord from Salisbury was read, of his standing in the Pillory for uttering false Guinies; as also a Copy of a Record of an Outlawry for Felony. —After about half an hours stay, Mr. Danger∣field returned and brought his Pardon, which was read, and the word Felony omitted; and his Pardon being thereby judged defective, his Evi∣dence was laid aside: And so there being but one Witness, the Jury return'd her Not Guilty; so she was acquitted, and Dangerfield, for want of present Bail, was committed.

The Trial of Roger Earl of Castlemain, before the Ld. Ch. Justice Scroggs, at the King's-Bench Bar at Westminster, on Wednesday, June 23. 1680.

ROger Palmer Esq Earl of Castlemain in the Kingdom of Ireland, having been Arraign∣ed at the King's Bench Bar, June 16. 1680. for High-Treason, in conspiring the Death of the King, the subversion of the Government, and introducing of Popery and Arbitrary Power, &c. To which he pleaded Not Guilty. He was now brought again by the Lieutenant of the Tower to the Bar, to receive his Trial. And his Jury were;

• Sir John Cutler Kt. Bar.
• Sir Reginald Foster Bar.
• Henry Herriott Esq
• Richard Cheney Esq
• Thomas Johnson Esq
• John Roberts Esq
• Francis Dorrington Esq
• Hugh Squire Esq
• Charles Good Esq
• John Pulford Esq
• Edward Claxton Esq
• Francis Mayhew Gent.

To whom the Indictment being read, Mr. Bo∣nithon, of Counsel for the King in this Cause, and Mr. Attorney General, opened the same.

Then Dr. Oates was sworn, who deposed, That when he returned out of Spain, in Novemb. 1677. he brought a Letter thence from the Fa∣thers to the Prisoner, wherein was expressed, That the Fathers in Spain were very zealous to concur with the Fathers here in England in the

Design; the Letter being shewn him before it was sealed. Which Letter he delivered to Strange, the then Provincial, to give to the Pri∣soner. And that in December following the saw a Letter at St. Omers from the Prisoner to the Fathers, wherein he gave them an account of his Letter from Spain, and was glad the Fathers there had so good an Opinion of his Integrity in the Cause.—That in March he saw another Letter of the Prisoners to the Fathers at St. O∣mers, importing his dislike that the Secular Clergy should be trusted with the Design.—That in April he came over into England to the Con∣sult; soon after which he saw the Prisoner come, and enquire about the Copies of some Letters to be sent up into Germany, and did desire that an Agreement between them (the Jesuits) and the Monks might be made up, that so they might have the Assistance of that Order to carry on the Design.—That afterwards he heard the Prisoner, and Mr. Langworth, and Mr. Fenwick, talking in Fenwick's Chamber about the Trans∣actions of the Consult, and how unanimous the Fathers were in signing of it; and the Prisoner then said, That now he should be reveng'd for the Injuries done to him.—That he saw in Strange's Hand an Account of a Divorce that was between the Prisoner, and Barbara Dutchess of Cleve∣land: And that he heard the Prisoner say, he had been at great Expence about a Divorce; and a Priest's Chamber being searched, there was a Paper found wherein the whole Case was sta∣ted.

Then the Prisoner, and the Ld. Ch. Justice

cross-examin'd Dr. Oates a long time to have catch'd him, but were not able.

Then Mr. Dangerfield was called; but the Prisoner opposed his being sworn, because he had been Out-lawed for Felony, and burnt in the Hand for Felony; and the Records were produced. But Mr. Attorney General shewed, his Pardon, by which he was restored. But this the Prisoner desired his Counsel might speak to, Whether a Man branded, and burnt in the Hand for Felony, and afterwards pardoned, can be a good Witness? Which being granted him, he named Mr. Jones, Mr. Saunders, and Mr. Darnel for his Counsel. But Mr. Saunders was not in Court, and Mr. Jones said he was not prepared to speak. But Mr. Darnal gave his Opinion in the Nega∣tive alledging for it, 11. Henry 4.41. and 9. Jac. and the Lord Cook, p. 154. To which the Attorn. General, and Mr. Justice Jones as∣serted the constant Custom and Practice of the Court; the same did Mr. Sol. General, and Mr. Recorder.—Then Mr. Justice Raymond went down to the Court of Common-Pleas to know their Opinion; who brought word, that it was the Opinion of their Brethren, That a Man convicted of Felony, and not burnt in the Hand, a Pardon could not set him Upright; but being convicted, and burnt in the Hand, they suppose he is a Witness.

Then Mr. Dangerfield was sworn, who depo∣sed, That about 12 Months ago, the Lady Powis sent him with a Letter to the Prisoner; who writ back an Answer, which the Lady Powis read to him and Mrs. Cellier, the Contents of which

were; This Person I like well, and though he be no Scholar, he will serve to instruct the Youths as he shall be directed. By the Youths, he said, was meant the St. Omers Witnesses, whom the Pri∣soner was employed to instruct what to say be∣fore the Trial.—That his Lordship employed him to get Lane out of the Gate-house.—That his Lordship was concern'd also in those Letters which related to the promoting of the Sham-Plot, and were to be conveyed into the Houses of several Persons of Quality; and sent 40 s. for his part to pay for copying them.—That the next day after he had been treated with in the Tower to kill the King, which he refused; he waiting upon the Prisoner, his Lordship ask'd him why he would refuse to kill the King? it being that for which he was took out of Prison, and was violently angry with him; upon which he left him.

After this the Prisoner began his Defence; and against Oates produced a Record (which was read in Court) of his prosecuting a Man of Buggery at Hastings, whom the Jury Ac∣quitted; After which, coming to London he was converted to be a Papist, by one Hutchinson, whom since Oates hath converted to be a Pro∣testant; which Mr. Hutchinson then appearing testifyed; but talking extravagantly, the Court was informed he was a distracted Man.

Then one Armstrong appeared to testify that Mr. Oates was only a Common Scholar at Val∣lidolid; and one Mr. Palmer, that he was but the same at St. Omers.

Then Hilsley affirm'd, That he left Oates at St. Omers in April, and did not come over with him; and to corroborate his Testimony, one Osborn affirmed, that Mr. Hilsley told him so about the latter end of April.

Then one Mr. Gregson, at whose House Dr. Oates Iodged, appeared only to testify to the Poverty of Oates, and that he had nothing but what the Jesuits allowed him.

Then Mr. Littcot testified, that he knew no∣thing of the Divorce; but the Court refused to hear such Evidence, as not being to the Pur∣pose.

Then the Records were produced against Dangerfield, of his being burnt in the Hand, Outlawed for Felony, and twice Pilloryed for putting away false Guineys, and a gilt Shil∣ling.

Then Mrs. Cellier testified, that Dangerfield told her of the Prisoner's Anger this time 12 month (which Dangerfield said was in August last) and that she would have sent him with a Letter, but he refused to go near his Lordship.

And Bennet Dowdal said, That Dangerfield told him in June of the Prisoner's Anger, and that it was because he went to the Tower, and his Lordships Name unknown to him.

The Lady Powis affirmed also, That she never sent a Letter by Dangerfield, nor never read one to him in her Life; and Mrs. Cellier affirm'd the same.

Sir Richard Barker then deposed of his seeing Oates in June, and that his Servants told him, they saw him in May, (78)

Then one Turner deposed, That he saw Dangerfield with the Prisoner, as he believes, in July—And one Woodman deposed that car∣ried a Letter from Mrs. Cellier to the Prisoner, and brought back 30 s. or 3 l. but for whom he knows not.

Then the Prisoner would have cleared his Reputation, about instructing the Youths, but the Court judg'd it needless. Therefore Mr. Attorney General summ'd briefly up the Evidence, and the Ld. Ch. Justice did the same; both taking Notice of the Exceptions made against Dangerfield's Evidence; leaving it to the Jury, whether he ought to be believed or no; and if not, that then there would be but one Credible witness.

After which the Jury withdrawing for a while, brought in their Verdict, Not Guilty.

The Trial of John Giles Gent. at the Ses∣sions-House in the Old-Baily, on Wed∣nesday, July 14. 1680.

THE Prisoner then and there appeared, ha∣ving been before Arraigned, and pleaded not Guilty to an Indictment, for a Barbarous and Inhumane, Attempt, to Assassinate and Murther John Arnold Esq one of his Majesty's Justices of Peace for the County of Monmouth and now a Member of the Honourable House of Commons. The Jury sworn, were

• ...Christopher Plucknet.
• ...William Dodd.
• ...Anthony Nurse.
• ...John Burton,
• ...Nathan Goodwin.
• ...George VVood.
• ...James Partridge.
• ...Laurance VVood.
• ...John Bradshaw.
• ...VVilliam Withers.
• ...Edward Proby.
• ...Richard Bromfield.

To whom the Indictment being read, Mr. Gibbs, Mr. Holt, and Mr. Thompson, being of Coun∣sel in this Cause for the King, opened the same. After which Mr. Arnold himself was sworn, and deposed, That upon April 15. (being Thursday in Easter-Week) last, he was with some Company at the Devil-Tavern, till 10 or past, and recollect∣ing he had Business with Mr. Phillip's, a Coun∣sellor at Law, in Bell-yard that Night, he left his Company, and his own Servants being out of the way, he went to the Room where several of his Neighbour's Servants were, and called to some of them to go with him; but it happen'd he went away without them; And as he went cross Fleet-street, he saw two Men in Campaign-Cloaks follow him, whom he thought to be Ser∣vants belonging to some of his Company, who had followed him on his calling. But as he went into Bell-yard, one of them got before him, and turned, and looked earnestly in his Face, whom passing by, when a Woman stood in a Door about the middle of Bell-yard with a Candle in her hand, he saw to be this Prisoner at the Bar; to whom when his Companion came up, he heard them laugh aloud. He took no Notice, but went on; and at the Kennel, at the end of

Jackanapes-Lane, he looking down to find the Kennel, a Cloak was thrown over his Head, and then he found very rough Hands about his Shoulders, and they can him into Jackanapes-Lane just cross the Lane, against the opposite Wall, and run his Head so hard, that he thinks they broke it, and then struck him, and at the second blow he fell, running him through his side into the Belly; Then recovering, he made what Defence he could; but with a broad Sword he was run through his Arms, and with a small Weapon he was run through in another place of his Arm. He had several other Wounds; and one of them setting his Foot hard upon his Breast, and keeping him down, he believes was run into the Leg, by one of his Companions; for he heard him say, Dam-me thou hast spoyl'd my Leg. They laughed all the while, and were exceeding merry. He had then on a pair of Bodice of Whale-Bone, notwithstanding which he had four or five Wounds in his Body through them, for they were not proof; but they imagin'd they were, finding their Swords double sometimes; and one of them said, Dam-me he has Armour on, Cut his Throat. Immediately one kneeled down, and gave him several Cuts in the lower part of his Face; he did what he could to defend himself, but they gave him some indellible Marks. By a Candle in a Window, in Sir Timothy Baldwin's House as he supposed, and some Women in his Yard, giving them the first disturbance, and a Boy coming by with a Link the same time, he both saw the Face of Giles, and remembred it was he whom he had

seen in the Lane just before. They then pulled the Cloak from off him, and he seeing the Light, and being eased of the Weight, he strain'd all his strength, and cried out; and then Company came in, and carried him into the Sugar-Loaf, and from thence to his Lodging, where his Friends came to him, and a Chirur∣gion was sent for. And that as the Assassinates went away from him, they clapt their Swords close to their Bodies, and went away laughing aloud; one of them saying these Words: Now you Dog pray for, [or pray again for] the Soul of Captain Evans (who was a Jesuit, taken by him in Monmouth, and Executed at Cardiffe for being a Priest; Who when the Under Sheriff came to give him notice, that he had a Warrant for his speedy Execution, the said Evans being in a Game at Tennis, said, God Dam-me I will play out my set first.)— To all which Giles only said that Mr. Arnold knew him very well, and that his Wife was a near Relation of his.

Then Mr. Stephen Phillips deposed, That the next day in the Evening, about 8 or 9 a Clock, he was drinking with Giles at the Crown-Tavern in New-street in Covent-Garden, and discoursing about Mr. Arnold's Misfortune among the rest, Mr. Giles talking of it, said, God dam him, or God Rot him, he had Armour on, they say.

Then Mr. Walter Watkins deposed, That on May 5. he being at the stating some Accounts between Mr. Giles and Mr. Richmond, at Ʋske in Monmouth-shire: He asked Giles for some Horse-Hair to make a Fishing-Line, Giles replied, That he had left very good Hair for him at a

Farriers in Glocester, but he and Mr. Herbert Jones made such haste through Glocester that they did not call for the Horse-Hair; and ask∣ing the occasion of his Haste, he answered, it was for fear they should be stopt in their Jour∣ney, as suspected to be concerned in Mr. Ar∣nold's Business.

Mr. George Richmond then (with whom Giles stated the Accounts) deposed the very same; adding, That he could not say whether Giles, called him Esq Arnold, or Mr. Arnold, or what; he seldom used to give him so good words.

Then Mr. Walter Powel swore, That he being at one Peter Darcy's House, a Sword-Cutlers in Ʋske; Giles came to him to have his Sword mended; and Darcy said to him, Where have you been, you have been hot at it: What have you been fighting with the Devil? No, said Giles, with Damn'd Arnold. Upon this, Darcy said he must not speak such words; and Giles's Wife pluck'd him by the Coat, and bid him hold his Tongue. This was on May 5. and there were by, the Prisoner at the Bar, and his Wife, and Darcy and his Apprentice.

Then Mr. William Richmond deposed, That Giles asked him in the Afternoon before Mr. Arnold was hurt, Where he might buy a good Rapier? And that he had then a good Back-Sword in the House. That he endeavour'd to have prevented the Execution of Father Lewis; and when he was executed, was very active a dipping Cloaths in his Blood. That the day of the Assault, he and Giles went into Long-lane

together, to inquire after their Friends, and after∣wards to the Artillery to see the Exercise, then to Long-lane again, from thence to Whetstones-Park, and afterwards to Drury-lane: and about 9 at Night they came to their Inn, being the Kings-Arms in St. Martins-lane, and he left Giles taking a Pipe of Tobacco in the Kitchin, and went up into his Chamber, with some other Company, and drunk till nigh One; and about 12 seeing the Maid making up another Bed, he stept to her, and asked her who it was for? she said, for a Man that was not willing to lie with any Body; After this, about one a Clock, as he was going to Bed, he heard Giles com up stairs, and bid him Good-night, just as he was pulling off his Breeches.

Then one Mr. Bridges deposed, That about a Year ago, he heard Giles say, That the Papists were the best Religion, and that those that were not of that Religion, were Damn'd; and that he that says there is a Plot, is a Rogue, and a Thief.

One Walter Moor also swore, that he had heard him say, That if the Lords in the Tower were Executed, there would be a greater War than ever was in England; and it would cost more Blood than ever was spilt, which he swore, saying, The Lords deserved not Death, for that there was no Plot at all.

Mr. Reynold deposed that on May 2 at Lan∣goone in Monmouth-shire, he heard Giles say, That he could not think but that Mr. Arnold wounded himself; says his wife, How could he wound himself in his Arms? said he, It was himself, or some of his Friends.

Then Mr. Hobbs the Chyrurgeon deposed, That he found Mr. Arnold bleeding, with two Wounds through his Arm, one Wound and se∣veral Bruises in his Head, two Cuts on his Face, another upon his Throat, which bled very much; two upon his Breast, and one in the Bel∣ly six Inches and an half deep. — Which he be∣lieved he could not give himself.

[Fifteen or sixteen Witnesses more for the King, that were attending in the Court, were not examin'd, the Court being in some haste, and the King's Counsel not pressing it, there being so full Evidence.]

Then Mr. Darnall, being of Counsel for the Prisoner, began a Defence, and called Mr. Phil∣pot, who said, He was at the Crown-Tavern with Mr. Giles when Mr. Phillips was; and he heard no such Saying; but that Giles said, if any thing should be upon Mr. Arnold, it was a very strange thing;—and was sorry for it.

Mr. Herbert Jones, Mayor of Monmouth, then deposed, That he went with Giles from London, and came with him to Glocester, and inn'd at the Old-Bear; and after Dinner went to the New-Bear and drank Sider, and staid several hours in Town; and being the quarterly Sessions, seve∣ral came to them to ask News; and they told of Mr. Arnold's Hurt, and were as sorry for it as any Persons could be, and confess'd it a very ill thing. — That he supposed Mr. Arnold must needs be acquainted with Giles, he having been head-Constable, and always a Protestant.

Then John Jones the Cutler's Apprentice swore, That his Master asking the Prisoner,

Mr. Giles, Have you been in some Battel? Have you been fighting with the Devil? No, said he, for I never met with Arnold. And that he did not hear his Wife bid him hold his Tongue.

Then John Howel, Mr. William Richmond's Man, deposed, That he came to Town with Giles that Day about 12; and that he heard him call to his Master about 11 or 12 a Clock that Night.

Then Ann Beron being sworn, she deposed, That Giles was in her Company most part of that Day, and that she was at Dinner with him, and till 9 a Clock at Night, when she left him in the Kitching, and went to Bed.

Elizabeth Crook, the Maid of the Inn, she swore she made his Bed about 10, and before 11 asked him, if she should take away his Can∣dle? He bid her lock the Door, and he would put out his Candle; but she went away, and did not, and left the Candle: She denied that Mr. Richmond came to her, or that she saw him, till he refresh'd her Memory, by remembring her how he courted her, to make himself merry; which then she acknowledged, much to the cre∣dit of Mr. Richmond's Testimony, and dispa∣ragement of her own.

Then one Edward James did swear, That he drank with Giles at the King's-Arms in St. Mar∣tin's-Lane, from 9 to 12 at Night, and then left him in the Kitchen, the same Night the Maid had sworn otherwise just before him.

Then Robin Gibbon, John Chadwick, Eliz. — Peter Powel, and Roger How, all swore they saw him about 9; but that was not material.

To these Witnesses the King's Counsel thought it needless to answer, they being all either frivolous, or contradictory.

Therefore Sir George Jefferies the Recorder summ'd up the Evidence, and directed the Jury, who withdrew, and after about half an hours debate, brought the Prisoner in Guilty. Which done, the Court adjourn'd till the Saturday fol∣lowing, when the Recorder passed the Sentence of the Court upon him, which was, To stand from 12 to one in the Pillory, one day at the place where the Fact was committed, another day over against Greys-Inn in Holborn, and another at the May-pole in the Strand, with a Paper on his Hat signifying his Offence, and then to pay to the King 500 l. and be committed in Execution till paid, and then to find Sureties for his Good-Behaviour during Life.

The Trial of Elizabeth Cellier, at the Old-Baily on Saturday Sept. 11, 1680.

THen and there the Defendant appeared up∣on an Information for Writing, Printing, and Publishing a scandalous Libel, called Malice defeated, &c. to which she had pleaded Not Guilty.

The Jury were,

• ...John Ainger,
• ...Richard Boys,
• ...John Stephens,
• ...Thomas Phelps,
• ...Gilbert Ʋrwin,
• ...Edward Allanson,
• ...Richard Living,
• ...John Coggs,
• ...Henry Hodgsden,
• ...John Barnard,
• Edward Low, and
• ...James Southern.

To whom the Information being read, Ro∣bert Dormer, Esq opened the same, and then Mr. John Penny depos'd, that he bought that Book (the Libel being shewn him) of Mrs. Cellier, who own'd it for hers, and said she could, if there were occasion, put a great deal more in.

Mr. William Downing deposed, that he printed part of that Book by her direction, to fol. 22. and then the Messenger found it, and some body else printed the rest.

Mr. Robert Stephens depos'd, that he saw the Book a printing at Mr. Downings, and heard Mrs. Cellier own it for hers, and say that she kept a Man in the House to write it, and she dictated to him; and that he saw her sell seve∣ral of them.

Then Mr. Matthias Fowler deposed, that he bought two of them Books of Mrs. Cellier for 4 s. hearing that his Name was mention'd there∣in, tho very falsly, as he had made Oath before the Lord Mayor; all that he knew being only this, That on the Tuesday seven-night after the Murder of Sir Edmondbury Godfrey, one Corral a Coachman waiting to carry some Gen∣tlemen that were in his House, begg'd a Pipe of Tobacco of his Wife in the Bar; Ay, said she,

thou lookst like an honest Fellow, and I believe thou hast no hand in the Plot (a casual word that was passant at that time); thereupon he be∣gan to tell her how he had escaped that danger, for that four met him against St. Clemens Church-wall, and swore he should stand and do as they would have him, when he saw Sir Edm. Godfrey's Body in a Sedan, whom he sham'd upon, and told them he could not carry him, for that the Axle-Tree of his Coach was broke. That this he over-heard and came out, which the Fellow repeated over again to him; but then percei∣ving he had been too lavish in his Discourse, he run out in haste, pretending to see whether the Seats of his Coach were not stolen out, whom he followed and found him driving away, tho he had left his Whip behind: He took the num∣ber of his Coach, which the next day giving to Captain Richardson, he secured the Man, and he was brought with him to Wallingford-house and examin'd by the Duke of Buckingham, the Earl of Shaftsbury, the Marquess of Winchester, two other Lords, and Major Wildman, where he confessed the whole matter, that he said so at his House, but would have sham'd it off himself, that he only heard it from others; and being nothing could be got out of him, he was re∣ordered to Newgate where he continued several Months, but that he never was with him there, as the Libel charged him. Whereupon the Libel was then produced, and the several Clauses re∣cited in the Indictment were read, which were to this purpose. It was intituled,

Malice de∣feated, or a brief Relation of the Accusation

and Deliverance of Elizabeth Cellier, wherein her Proceedings both before and during her Confinement, are particularly related, and the Mystery of the Meal-Tub fully discovered; together with an Abstract of her Arraign∣ment and Trial. Written by her self for the Satisfaction of all Lovers of undisguised Truth.

In the Book she gives an Account how she

turn'd from Protestanism to Popery upon the occasion of King Charles I. Murther, ascribing the Preservation of King Charles II. at Wor∣cester wholly to the Papists; and from her Observation of the chiefest Sticklers for the Plot, being those, or the Sons of those that acted the principal Parts in the last Tragedy, she doubted of its Truth, and therefore thought it her Duty through all sorts of ha∣zards, to relieve the poor imprisoned Catho∣licks, which she had done some Months, before ever she saw the Countess of Powis, &c. That on Thursday Jan. 9, 1678, she being in New∣gate, with five Women, of which three were Protestants; about four in the Afternoon they all heard terrible Groans and Squeeks which came out of the Dungeon, called the con∣demned Hole. She asked Harris the Turn∣key what doleful Cry it was, who said it was a Woman in Labour; she desired they might go to her and help her, but he drove them away rudely; but listning they soon found it was the Voice of a strong Man in Torture, and heard as they thought between his Groans the winding up of some Engine. These Cries

stopt the Passengers under the Gate, and they six went to a Turners Shop without the Gate, and stood there amazed, when one of the Offi∣cers of the Prison came out in great haste, seeming to run from the Noise, whom catch∣ing hold of, they asked him what the Noise meant? and whether it was not Prance upon the Rack? he said he durst not tell them, but was not able to hear any longer, running a∣way towards Holborn as fast as he could. They heard these Groans perfectly to the end of the Old-Baily, and they continued till near seven, and then a Person in the Habit of a Minister, of middle Stature, Grey-hair'd, accompanied with two other Men, went into the Lodg: The Prisoners were lock'd up, and the out∣ward Door of the Lodg also, at which she set a Person to stand, and observe what she could, and a Prisoner loaded with Irons was brought into the Lodg and examined a long time; and the Prisoners that came down as low as they could, heard the Person examined with great Vehemency, say often, I know no∣thing of it, I am innocent, he forced me to be-lie my self: What would you have me say? Will you murder me because I will not be-lie my self and others? The Prisoners heard again the same Cry about four of the Clock the next Morning, and on Saturday-Morning again, and that Morning a Person emplyed to spy, seeing the Turn-key carry a Bed into the Dungeon, asked who it was for? he told her it was for Prance; who was gone mad, and had torn his Bed in pieces. That

Night the Examiners came again, and after an hours Conference, Prance was led away to the Press-yard. Soon after this Francis Corral, a Coach-Man, that had been put into Newgate upon suspicion of carrying away Sir Edmond-bury Godfrey's Body, and lay there thirteen weeks and three days in great Misery, got out, whom she went to see, and found him a sad Spectacle, having the Flesh worn away, and great holes in both his Legs by the weight of his Irons, and having been chained so long double, that he could not stand upright, who told her of his hard usage, how he had been squeez'd and hasped into a thing like a Trough in a Dungeon under ground, insomuch that he swoonded; and that a Person in the Ha∣bit of a Minister stood by all the while. That a Duke beat him, pull'd him by the Hair, and set his drawn Sword to his Breast three times, and swore he would run him through; and another great Lord laid down an heap of Gold, and told him it was 500 l. and that he should have it all, and be taken into the aforesaid Dukes House, if he would confess what they would have him, and one F. a Vintner at the Half-Moon in Cheapside, by whose contrivance he was accused, took him aside, and bid him name some Person, and say, they imployed him to take up the dead Body in Somerset-yard, and gave him Mony for so doing, that if he would do this, both F. and he should have Mony enough: And he also told her, that he was kept from Thursday till Sunday without Victuals or Drink, having his Hands every

Night chained behind him, and being all his time lock'd to a Staple driven into the Floor with a Chain not above a Yard long; that he was forced to drink his own Water, and the Jaylor beat his Wife because she brought Vic∣tuals, and pray'd he might have it.

In another place of the Libel were these words read,

My Arraignment (which in confidence of my own Innocency I continually pressed for) not but that I knew the danger, as to this Life, of encountring the Devil in the worst of his Instruments, which are Perjurors, encoura∣ged to that degree as that profligated Wretch Thomas Dangerfield was, and has been since his being exposed to the World in his true Co∣lours, both at mine, and anothers Trial.

And in another place of the Libel.

Nor have I since received any thing towards my Losses, or the least Civility from any of them, whilst Dangerfield, when made a Prisoner for apparent Recorded Rogueries, was visited by, and from Persons of considerable Quality, with great Sums of Gold and Silver, to encourage him in the new Villanies he had undertaken, not against me alone, but Persons in whose Safety all good Men, as well Protestants as o∣thers, in the three Kingdoms are concerned.

And in the Postscript are these words,

And whensoever his Majesty pleases to make it as safe and honourable, as it is apparent it hath been gainful and meritorious to do the contra∣ry, there will not want Witnesses to testify the Truth of more than I have written, and Per∣sons that are above being made the Hangman's

Hounds for weekly Pensions, or any other Con∣siderations whatsoever, &c. —

After thus much was read, Mr. Baron Weston made some smart Reflections thereon, and then Mr. Prance deposed, that he was used very civily in Prison, and never saw any thing of Torture while he was in Newgate, and that Dr. Lloyd was with him many times, and if any such thing had been, he would have seen it.

Then Francis Coral was called, but appeared not, and Captain Richardson informed the Court that they had got him away, but that his Wife was there, who being sworn, deposed that she was not suffer'd to see her Husband in Prison, and that she heard that he was like to be starved, and saw him with Irons on at length, and after∣wards holes in his Legs, but deny'd that ever she was beat for bringing Victuals to him, and the Lord Mayor, Sir Robert Clayton declared that her Husband had denyed all upon Oath be∣fore him.

Then Mrs. Cellier called two or three Wit∣nesses to prove that she sent about for her Wit∣nesses in order to make her Defence, but that they could not be had in so short time, and there∣fore desired more time, and desired the Court to confider she was but a Woman, and that she had suffered much for his Majesty, and begged therefore Mercy in Justice. Then Mr. Baron Weston summ'd up the Evidence, and the Jury returned her Guilty (at which there was a great shout) and so the Keeper carried her back to Newgate, from whence on Monday Sept. 13. she was brought to the Bar, and Mr. Recorder gave

the Judgment of the Court; which was that a 1000 l. Fine should be put upon her, and she be committed in Execution till it be paid. And that she should stand in the Pillory three several days in three several places, between the hours of twelve and one. The first place at the May-Pole in the Strand, the second in Covent-Garden, and the third at Charing-cross; and in every place some Parcels of her Books to be burnt by the Common Hangman before her Face; and a Paper of the cause to be upon the Pillory; and she to find Sureties for her good Behaviour du∣ring Life.

The Trials of Thomas Thwing, and Mary Pressicks, at the Assizes at York, on Thursday July the 29th, 1680.

THen and there the Prisoners appeared, ha∣ving been arraigned, and pleaded Not Guilty to an Indictment of High-Treason, for conspiring the Death of the King, and Subver∣sion of the Government. The Jury (after 25 challenged by Thwing) sworn were,

• Sir George Cook, Bar.
• Thomas Worsley, Esq
• William Caley, Esq
• Roger Lee, Gent.
• John Dixon, Gent.
• George Wray, Gent.
• Henry Pinckney, Gent.
• John Blackston, Gent.
• William Hardcastle, Gent.
• Nicholas Stone, Gent.
• George VVesterby, Gent.
• Charles Tucker, Gent.

To these the Indictment was read, and after∣wards opened, and the Treasons therein aggra∣vated by the King's Counsel.

Then Mr. Robert Bolron, being sworn, deposed, that in 1674. he came to live with Sir Thomas Gascoyne, and was Steward of his Colepits; and in 1675. he turned Papist; and about Ja∣nuary 1676. Mr. Thwing, Father Rushton and several others came to his House at Shippon, and did there examine him how he stood affected to the Roman Catholick Religion, and whether he was resolved to venture his Life and Estate in it, if there were any occasion? to which he agreed, and resoved to obey his Ghostly Father in all things; and Father Rushton (his Confessor) gave him the Oath of Secresy. — That in 1677. there was a Consult at Barnborow-Hall, Sir Thomas Gas∣coyne's House, in the old Dining-Room, Sir Miles Stapleton, Sir Thomas Gascoyne, the Lady Tempest, Thwing, Rushton and others, being present; wherein it was agreed, that the King should be killed; and Thwing said, that if they mist this opportunity of doing it, they should never have the like again; and the effecting of it would be very beneficial to the Church of Rome. And in hopes this would succeed, they agreed, they would erect a Nun∣nery at Dolebank, but their real Intention was to have it at Heworth (within a Mile of York) after the King was killed; and to avoid Suspicion, the Lady Tempest promised them Broughton for the present, and Thwing was to be Confessor of the Nunnery for the present.—That he paid 10 l. to Rushton in Thwing's presence towards killing the King, and saw a List in Rushton and Thwing's

Hands of Money raised for that purpose. He paid 5 l. also to have his Soul prayed for. And Thwing told him afterwards, that in Yorkshire, Lancashire and Derbyshire, 30000 l. was raised for the killing of the King, and that the List was sent beyond Sea.

Against Mrs. Pressicks he deposed, That in 1678. she told him, that she being in London did hear a Woman cry after her, Stop the Papist, stop the Plotter, but she got away, and afterwards durst not appear publickly. That discoursing with her about the Plot, she said, Father Harcourt was her Confessor, and first engaged her in it; and that Pickering told her, he was to have killed the King; saying, she was sorry he did not; and that Oates and Bedloe were two Rogues, & had it not been for them, the Plot had not been discovered. Telling him the Gun which was to have shot the King, was found with Pickering, which she believed was the cause of his Death. And that she said the King was an Asse, and not fit to govern; that what Mony the Parliament gave him, he spent on Whores and Concubines.

Then Mr. Lawrence Mowbray deposed, That about Michaelmas 1676. there was an Assembly of divers Priests in Rushton's Chamber at Barn∣borow-hall, whereat he was admitted, (he being one that waited upon Rushton at the Altar, and having took the Oath of Secrecy from him) and Thwing was there; he and Rushton manag'd the Conference, wherein they declared the King was an Heretick, and excommunicated by the Pope, and that he should be killed, because he had broke his Promise made to the Jesuits, when he

was beyond Sea; and that it was not only law∣ful, but meritorious to kill him. That there was a List of those engaged in the design.—That he did not accuse Mr. Thwing till his 2d. Exami∣nation before Justice VVarcup; and that he knew nothing against Mrs. Pressicks.

Then Mrs. Bolron deposed the same against Mrs. Pressicks, of what she had said at Mr. Bol∣ron's House as before; adding, that she said there would never be quiet in England, till the Papists had got the upper hand, and not left a Protestant; and she hoped an Army of Catho∣licks would be raised to set up Popery.

Mrs. Bolron jun. deposed the same, being then also present.

One John Hutchinson was present too, and de∣posed the same; adding that she said likewise, that we should never be quiet till the D. of York was made King.

Then Thwing urged in his defence, that all this was only out of Malice to Sir Thomas Gas∣coyne's Family, to which he was related, and called Witnesses.

Nathaniel VVilson said, that about last Michael∣mas Mr. Bolron asked him if he could tell any thing of Father Rushton? and he told him no; then he bid him keep his Secrets, and he would give him more than he could earn in seven Years, but that unless he could shed the Blood of some of them, he should get nothing▪

Then Mr. Lowther, the Justice who took Mr. Bolron's Examination the 24th or 25th of June, 1679. testified, that he did not then mention Thwing.

Obediah Moor said, that about last Candlemas was 12 Months, Mr. Bolron told him, that Sir Tho. Gascoyne, nor none of his Family were con∣cerned in the Plot, and that he believed there was no Plot. — But in August after, he told him he had but equivocated with him in what he said before, and that there was a real Plot, and if he had sworn a thousand Lies he could have been forgiven them.

Stephen Tompson testified that Bolron was arrest∣ed by Sir Tho. Gascoyne for Debt, to whom he was bound with him. When the Plot came out, he asked Bolron if Sir Thomas was concerned? he said no, he was as innocent as the Child un∣born; but afterwards he said, if Sir Thomas did sue him, he would do him a greater Mischief; and that while he intreated Sir Thomas's For∣bearance for three Weeks, Bolron came up to London, and swore Treason against him; and as to Mrs. Pressicks, Bolron's Grandmother told him, she could say nothing against her, but Bol∣ron said she must say so and so.

Then Zachary Thorpe testified that he meeting Bolron in Long-Acre, before the last Assizes, he told him Sir Tho. Gascoyne was cleared, but swore the Jury were Rogues.—And that he was now going down to the Assizes at York against the Lady Tempest, and swore he would ruin them; if one thing would not do, another should do it. — And that Bolron would have had him been evidence against Shipton last Assizes. But Mr. Justice Dolben knowing this Witness, thought his Testimony very improbable.

William Hardwick testified, that he being to carry Mrs. Pressicks before Justice Lowther, Bol∣ron's Wife said she was sorry for it, for she be∣lieved her to be an honest Woman, and had been a good Neighbour amongst them.

Mary Walker, Servant-maid to Mrs. Lassels, Thwing's Sister, testified, that Bolron proffer'd her 10 l. to swear Thwing was a Priest.

Then William Bacchus said that when he served a Warrant on the two Mrs. Bolron's to go before Mr. Lowther, they said they could say nothing against Six Tho. Gascoyne, nor any of the Fa∣mily.

Cuthbert Hamsworth said, that fie heard Bol∣ron swear Revenge against the Lady Tempest for prosecuting a Suit against him.

Then the Prisoner endeavoured to prove he was not at Barnborow-hall in 1677. by George Twis∣ley, Groom to Sir Tho. Gascoyne, who could only say that he used to come there but a night or two in a Year.

Joseph Cooper said, that about a Year ago he heard Mowbray say he knew nothing of the Plot, and that he believed Sir Tho. Gascoyne was guilty of no such thing, for if he had, he should have known it as soon as Bolron, and he was a Rogue and a Knave for saying any such thing.

Edward Cooper sen. said he then heard Mow∣bray say he thought Sir Thomas Gascoyne was not guilty of the Plot.

Isabel Heyward, a Girle that lived with Bolron as a Servant, testified that her Master and Mi∣strifs falling out, she said she would not go to

London, and if he made her go, she would swear that what he had sworn against Mrs. Pres∣sicks was out of Malice.

Alice Dawson testified, that the day after New-years-day was twelve-month, Mrs. Bolron said she was sorry for nothing, but that her Hus∣band had meddled with Mrs. Tressicks.

One or two Witnesses more were called, but nothing to the purpose. Therefore Mr. Justice Dolben summ'd up the Evidence, and Mr. Baron Atkins proceeded to do the same. And the Jury withdrawing for a while, brought in Thomas Thwing Guilty, and Mary Pressicks not Guilty. And on the Monday following Mr. Justice Dolben sentenced him to be Drawn, Hang'd and Quar∣ter'd.

The Trials of William Viscount Stafford in Westminster-hall from November the 30th, to December the 7th, 1680. be∣fore the House of Peers.

ON Tuesday Nov. the 30th. the Right Ho∣nourable Henege Lord Finch, Baton of Daventry, Lord High Chancellor of England, being constituted Lord High Steward for the pre∣sent occasion, and all things fitted for the pur∣pose in VVestminster-hall, and both Houses being seated, and the Commons all bare, VVilliam Viscount Stafford was brought to the Bar; kneel∣ing till the Lord High Steward bid him rise, and

a Chair set for him. After which making a short Speech to him, concerning the occasion of his appearing there, the Articles of Impeach∣ment High Treason against him, and the other Lords in the Tower, by the Commons of England were read, which consisted of seven Heads. The 1st. That there hath for many Years a Plot been contrived, &c. 2ly. Naming the Persons concerned therein, and particularly the Noble Lord at the Bar. 3ly. That consults had been held, and the Murder of the King re∣solved on therein, &c. 4ly. That consultations have been, for the raising of Men, Mony, Arms, &c. 5ly. That Commissions had been given and received; and particularly a Commission for the Lord Stafford to be Pay-master of the Army. 6ly. That to hide and hinder a Disco∣very, an Oath of Secresy and the Sacrament had been given, and taken, and Sir Edm. God∣frey murdered. 7ly. That the Guilt of that Murder was endeavoured to be put upon Pro∣testants, &c.—The Lord Stafford's Answer, to which was then also read, wherein he put himself upon his Peers for Trial, affirming him∣self Not Guilty.

After this Serjeant Maynard, Sir Francis VVin∣nington, and Mr. Treby (being of the Committee appointed for the Management of the Evidence) opened the Charge and Evidence in very excel∣lent Speeches. And proposed to prove first the Plot in general, and the Guilt of this Lord therein in particular, And therefore, as to the first:

Mr. Smith being sworn, gave a full relation of his Travels and Perversion, and of what he had heard beyond Sea, and in England concern∣ing this Plot. How Abbot Montague and Fa∣ther Gascoyne in France, and other Priests and Jesuits told him, that if he would turn Catho∣lick he should have Employment among them there, and afterwards England, for that they doubted not but the Popish Religion would come in very soon; and that because (as the Abbot said) they doubted not to procure a Toleration of Religion; and because the Gentry that went abroad did observe the Novelty of their own Religion, and the Antiquity of theirs, and the Advantages that were to be had by it. But one Father Bennet and others said, they doubted it not, because their party was very strong in Eng∣land, and in a few Years they would bring it in right or wrong.

That it was Cardinal Crimaldi who per∣verted him about 1671 to the Romish Religion at Provence; and that afterwards he lived seve∣ral Years in the English Jesuits Colledg at Rome, where he hath often heard it disputed, and preached and exhorted, that the King of Eng∣land was an Heretick, and that there was no King really reigning, and whoever took him out of the way would do a meritorious Action, particularly by Father Anderton, Mumford Cam∣pion, but chiefly Southwel, one of the chief of the Jesuits. That when he came away thence for England, these Fathers for a whole Month, were exhorting that the King of England was not to be obeyed, and that in all private Con∣fessions,

all Persons, who might be thought capa∣ble of any design, were to be instructed, that they should use all their Endeavours for pro∣moting Popery.—That while he was at Rome, he read Coleman's Letters of Intelligence once a Month; and therein how the Duke, and the Queen, and the chief of the Nobility were of their side; how they carried matters several times; the ways the Lord Clifford, and Sir VVilliam Godolphin did use to effect the work; and that they question'd not to get the Lord Danby on their side too.—That when he re∣turn'd into England, he found all the Popish Clergy in great hopes of Popery coining shortly in.— That he knew of Money gathered in the North, but refused to joyn therein.—That as to the Lord Stafford he knew nothing, but that Sir Henry Calverley was turned out of Commissi∣on of the Peace, through Complaint made to my Lord Stafford of his being active against Po∣pery. And that he writ to one Smith, that he would not make over his Estate as others did, for that he expected some sudden Change or Al∣teration.

That the Cardinal, who perverted him, at the same time spoke of great Assurances that Popery, would prevail in England; that there was but one in the way, and tho that Man was a good natured Man, yet they could not so far prevail upon him, but that to accomplish their designs they must take him out of the way. —That now he had been a Protestant two Years, and was always bred so till he travelled towards Rome.

After him Mr. Dugdale was sworn, and de∣posed, That he had been acquainted with a Design of introducing Popery about 15 or 16 Years; and that he had seen several Letters from beyond-Sea, of Mony, Men and Arms being ready to Assist. That Collections of Mony were made in the Country, and 500 l. paid to him so collected, which he paid to Mr. Evers to return to London, to discharge an Ac∣count count of Arms and Things received from be∣yond-Sea, and for carrying on this Design.— That he himself had given them an Estate of 400 l. Value, and (because he knew Mony would be wanting) had promis'd an 100 l. more, as soon as the Lord Aston and he had accounted for this Design, and the praying for his Soul.—That the King of France had pro∣mised his Assistance, and the Pope allowed some part of his Revenue for the same purpose.— That of late he had been at several Consulta∣tions; wherein the Death of the King was dis∣coursed, which was intended to be about Novem∣ber, December, or January, 1678. and saw Letters from Paris which advised that it should be thrown upon the Presbyterians, who had killed the old King, and were likeliest to be thought to have done this, and so they might easily get the Protestants of the Church of England, to join with the Papists against them, to the weak∣ning of Protestantism, and accomplishment of their Design.—That it was agreed, that the Lord Aston, Sir James Symons, and others, should go in October 1678. to dispose of Arms, to the value he heard of 30000. l.—That after the

King had been killed, an Army was to have ap∣peared, to have cut off all that should escape the Massacre, which also was designed.—That he bad been put upon to make Foot-Races to draw People together, that they might the bet∣ter have Discourses together without suspicion. —That he saw a Letter from the Lord Stafford to Mr. Ewers, to shew, that things went on well beyond-Sea, and hoped they did so here: and that particularly the Lord Stafford was by at a Consult, about September 1678. with Mr. Heve∣ningham, Sir James Symonds, Mr. Vavasor, Mr. Petre, Mr. Howard, and the Lord Aston, about the Death of the King; and that Mr. Hevening∣ham, Sit James Symons, the Lord Aston, Mr. Draycott, Mr. Howard, and Mr. Gerard did, of his knowledge contribute Mony for carrying on the Plot. That he saw a Letter from Whitebread, to give Mr. Ewers a Caution, to trust only stout and trusty Fellows (no matter whether they were Gentlemen or no,) for killing of the King; and another Letter from Harcourt to Ewers, dated Octob. 12. and received the 14th, 1678, wherein it was said, This night Sir Edmondbury Godfrey is dispatched; the reason whereof was, Ewer's said, because he had shewn himself too eager upon Oates's Examination before him; and that therefore the Duke of York sending to Coleman to desire him not to reveal what be knew of the Plot; Coleman mistrusting Sir Edmonbury, sent word back, that it would be never the nearer, because he had been so foolish as to reveal all to Sir E. Godfrey, who had promised to keep it all as a Secret, but that now he feared he would

witness against him. Whereupon the Duke sent word back again, That if he would but take care to conceal, he should not come in against him; And upon this he was quickly dispatched. —That be had oft been brought to the Oath of Secresy, and the Sacrament, and particularly, when he withdrew, on a Monday, about the 18th or 19th of November, 1678, from the Lord Aston's, when he carried all his Papers, and burnt them at a Neighbouring-house, because he knew they would discover him and others concerned in the Plot; But afterwards under∣standing such his Promises of Secrecy were better broke than kept, he came in to make his Disco∣very.

Then Mr. Prance deposed, That in 1678, he went to one Singleton, a Priest, at one Hall's, a Cook in Ivy-Lane, who told him; That he did not fear, but in a little time to be a Priest in a Parish-Church; and that he would make no more to stab 40 Parliament-Men, than to eat his Dinner; which at that very time he was a doing.

Then Dr. Oates was sworn, and told, how in the Year 1676, he was admitted Domestick Chaplain to the Duke of Norfolk, being then a Minister of the Church of England; Where he became accquainted with some Popish Priests, and was told from one Singleton, That the Pro∣testant Religion was upon it's last Legs; and it would become him, and all Men of his Coat, to hasten betimes home to the Church of Rome. Having a strong suspicion some Years before, of the apparent growth of Popery, to satisfy his

Curiosity, he pretended some Doubts, and at last a Conviction by she Jesuits (because he observed them, most able to inform him) and accordingly was reconciled on Ashwensday, 1676/7. Soon after, Strange (the then Provincial) told him, his Ordination was invalid, and he must become a Lay-man; then he desiring to be of their Order, the Fathers, upon a Consultation at Wild-House, admitted him; and because his Years were not suitable to be a novice, they proposed travelling to him, to go beyond-Sea, and do their Business. This he accepted, and accordingly went April 1677, into Spain, to Validolid, having their Letters of Recommen∣dation; where he found Letters come from England before him, and dated in May, wherein was expressed, That the King was dispatched, which caused great joy to the Fathers; but afterwards Letters dated the latter end of May came to certify their Mistake, and to desire the Fathers to stifle the News. Some Letters he opened also by the way, wherein was an Ac∣count of a Disturbance designed in Scotland, and of the Hopes they had for carrying on the Catholick Cause in England. That in June Letters came thither, expressing, That Bed∣dingfield was made Confessor to the Duke of York, whom they hoped would prevail much with him, in order to this Design; and that Letters from St. Omers dated the same Month, gave account, That Father Beddingfield had assured them of the Dukes willingness to comply with them.— That travelling through this Country, he found that Mony had been, there raised and sent to

England, and particularly that the Provincial of the Jesuits of Castile had advanced 10000 l. promised to be paid in June following. That upon some Missioners arriving there in December, one Mumford, alias Armstrong, preach'd, That the Oaths of Allegiance and Sumpremacy were Antichristian, Heretical, and Devilish, vilifying and abusing the King's Legitimacy; saying, That his Religion intitled him to nothing but sudden Death and Destruction.—In November he return'd for England, and coming into Strange's Chamber, there was Father Keins lying ill upon Strange's Bed, and Keins was saying, He was mighty sorry for honest William (so they called Grove that was to kill the King) for missing in his Enterprize. They being more zealous for killing the King, after he had refused Coleman the Dissolution of the Long Parliament. He came to St. Omers, December 9th or 10th N. S. and carried Letters from the Provincial, and other Fathers, wherein Strange told them, he had great hopes of effecting their Design next Year, but as yet they could not. That they had Letters from their New Provincial VVhite-bread, the same Year, to order Conyers to preach on St. Thomas of Canterbury's day, saying he would be as zealous for carrying on of their Design as his Predecessor had been: In that Sermon Conyers, after he had commended the Saint, and declared how unworthily he was sacrificed, did inveigh against the Tyranny (as he called it) of Temporal Prince, and particu∣larly of the King of England;—Declaring that the Oaths of Allegiance and Supremacy were

Antichristian and Devilish, and that it was fit to destroy all such as would countenance them. In January they had Letters from Ireland, of the Resolution of the Papists there to let in the French King, provided the Parliament should urge the King, to break with France, and of their Zeal to vindicate their Freedom and their Religion from the oppression, of the English, as they called it. In March Letters from Eng∣land gave account, That there had been a very shrewd Attempt made upon the Person of the King, and that the flint of Pickering's Gun was loose, and his Hand shaking the King did then escape, for which Pickering received a Discipline, and Grove, a Chiding. At the latter end of the same Months, 1678, came a Summons to a Consutt, to which eight or nine came over, whereof the Witness was one. It began at the VVhite-Horse Tavern, where they consulted about some things of the Society, and after∣ward adjourned into particular Societies, where they did debate and resolve the Death of the King, and that Grove should have 1500 l. for his pains; and Pickering, a Religious Man, 30000 Masses.—Presently after he returns to St. Omers, and after him the New Provincial, who ordered him back again to England, where he arrived at Dover, June 14, meeting there with Fenwick, with whom he came to London the 17th. Letters arriving just after them, wherein were Proposals to be made to Sir Geo. VVakeman for poisoning of the King, and that the 10000 l. promised by the Spaniards, and received accord∣ingly at the time in London, should be offered

him. Coleman thought it too little, Langhorn too much, saying he was a narrow-spirited Soul, and that he ought to do so great a piece of Service for nothing. There was 5000 l. of it paid him, as he saw entred in the Books; and Fa∣ther Ashby in July renewed the Proposal of 15000 l. and Fenwick, in August gave an ac∣count to the Provincial of it's being accepted of. In July, Strange coming to Town, informed him in discourse, how the City was fired, and how many of those concerned in it were taken, and that they were released by the Duke of York's Guard, and that all the Order they had for it, they pretended was from the Duke. In July he discover'd to Dr. Tongue, of which the King had Notice 13th or 14th of August, and by the 3d of September he was betray'd, and exposed to the Vengeance of the Papists, whose Plot he had thus Discovered.

Then to fortify Dr. Oates's Evidence, Mr. Den∣nis was called, who deposed, That he saw Dr. Oates at Vallidolid in Spain, and related what Discourse they had together, and how they came acquainted; and how the Doctor lent him Mony to defray the Expence of his Journey, and sent a Letter by him to Madrid, which he heard read, and related the Contents of it.—That he had both heard of, and seen Mony collected in Ireland, naming the Collectors thereof, in the Year, 1668, for the encouragement of the French King to bring in an Army thither; ac∣knowledging himself to be now a Dominican Fryer, and a Papist.

Mr. Jennison being sworn, deposed, That in 1678, he had heard Mr. Ireland, and Mr. Tho∣mas Jennison, his Brother, both Jesuits, speak of a Design to get a Toleration, by bribing the then Parliament, by a great Sum of Mony pro∣cured from their Party: And of securing the Duke of York's Succession, by getting Commis∣sions to be granted out to the Papists to be ready to rise upon the Death of the King; saying al∣so, their Religion could never flourish, till the Government was altered to the French Model. In June 1678, he heard Mr. Ireland say, in his own Chamber, That Popery was like to come into England, and there was but one stood in the way; that it was an easy thing to poison the King, and that Sir George Wakeman might easily and opportunely do it. In August after, be al∣so was at his Chamber, and found Mr. Ireland newly come out of Staffordshire, being then draw∣ing off his Boots; and discoursing of the sud∣denness of Popery coming into England, he tempted the Witness to be one to go to Windsor to take off the King; which he refusing, Ireland asked him, if he knew any Irish Men that were flout and couragious? and upon his naming some, he took their Names; asking him for 20 l. which the Witness owed him, saying, he should need 80 l.—That he had heard his Brother, Thomas Jennison, in Discourse, use that Expres∣sion which Dr. Oates hath in his Narrative; If C. R. would not be R. C. he should not be long R. C. Interpreting it thus in Latin; Si Carolus Rex non esset Rex Catholicus, non foret diu Carolus Rex. Asserting further, That if the King

were excommunicated, he were no longer King, and it were no Sin to take him off; and if it were discover'd who did it, two or three might suffer; but denying the Fact, the Matter soon would be blown over.—That about two Months after the Mustering upon Hounslow-Heath, about the latter end of July, and before the Discove∣ry, his Brother told him of a Design, in which the Queen and the Duke, and several Lords were concerned; and that a new Army would be rai∣sed to bring in Popery, but he would not tell him more Particulars till he had received the Sa∣crament of Secresy.—He told him, that one Mr. Oates also, a Person newly come over to them, was in this Design; which, Oates he saw, the latter end of April, or beginning of May, in Mr. Ireland's Chamber.—About the time of Coleman's Trial, he heard also one Mr. Cuffil a Jesuit say, at his Sister Hall's in Berk-shire, in Shinfield-Parish, That he thought Mr. Coleman was infatuated, upon the Discovery of the Plot, to give notice to Harcourt, Ireland, and Fenwick, and the other Jesuits, to burn or, secture their Papers, and yet not to secure his own.—Then saying also that Bellarmine did draw this Sen∣tence out of the Scripture, to favour the Pope's Authority of Excommunicating, Depriving, and Deposing Temporal Princes, Quod Papa habeat eandem potestatem super Reges, quam Jehojads habuit super Athaliam; and that there were other corroborating Testimonies among the Fathers for it.

After tins the Records of the Attainder of Coleman, Ireland, and the other Conspirators,

were produced; and the Convictions of Read∣ing, Lane, Knox, and others, were deliver∣ed in.—And the Record of the Attainder of Coleman was read in Latin by the Clerk.—Which concluding the Evidences in general of the Plot, the Court thought fit not to enter upon parti∣cular Evidences against the Prisoner till another day. Whereupon the Lord High Steward ad∣joun'd the Lords into the House of Lords, and the Commons returned to their House, where Mr. Speaker reassuming the Chair, the House adjourned to Eight of the Clock the next Morn∣ing.

The Second Day.

Wednesday,Decemb. 1. 1680, about 10 of the Clock, the Court being sat, and the Prisonet appearing, Mr. Dugdale (being sworn again) appeared to Evidence as to the Particu∣lars against the Lord Stafford; who accordingly deposed, That he had been some Years acquain∣ted with the Lord Staffordy, while he was a Ser∣vant to the Lord Aston. That in August or Sep∣tember, 1678, there was a Consult at the Lord Aston's at Tixal; at which the Lord Stafford was, and with the rest did consent to a Resolve, That it was the best way to take away the Life of the King, as the speediest Means to introduce Pope∣ry. That on a Sunday Morning the Lord; Staf∣ford coming to the Lord Aston's to hear Mass, as he alight off his Horse, he said to the Wit∣ness, It was a sad thing they could not say their Prayers, but in an hidden manner, but e're

long they should have the Romish Religion esta∣blished. That about Septemb. 20, or 21, the Lord Stafford sent for him to his Chamber, and proffer'd him 500 l. to be concern'd in taking away the Life of the King; wherein, he said, he was concern'd himself; and that he should go in October to London with him, and be under the Care of him, and Mr. Ireland in London, and in the Country of one Mr. Parson's that knew of the Design: And that he should have a Reward in London, and he understood that the Duke of York, the Lord Arundel, Lord Bellasis and others, were to give it him; and that he should have his Pardon from the Pope, and be Sainted. That also he saw a Letter from the Lord Stafford to Mr. Ewers, expressing that things went all well beyond-Sea, and so he hoped they did here, for the carrying on of their Design.

Then Dr. Oates being also sworn again, de∣posed, That he had seen several Letters in Spain, and at St. Omers, singned Stafford, wherein were assurances of his Zeal for the promoting of Po∣pery in England. That in June 1678, he saw the Lord Stafford at Fenwick's Lodging, receive a Commission, as he believes, to be Pay-master General to the Army which promised to effect; and going then into the Country, he said, he did not doubt but at his return, Grove should do the Business. And, speaking of the King, he said there, He had deceived them a great while, and they could bear no longer.—But the Lord Stafford denied that he either knew Fenwick or Oates.

After him Mr. Edward Turbervile deposed, That he being under some displeasure with his Relations, for not entring himself of the So∣ciety, he betook himself to his Brother, a Bene∣dictine Monk in France, where staying a while, and refusing to be admitted into that Society al∣so, her resolved for England, and to that end was recommended to the Acquaintance of the Lord Stafford, then at Paris; who after some time understanding his Condition, and imagi∣ning him a fit Instrument, he proposed to him a way, whereby (as he said) he might not only retrieve his Reputation with his Relations, but also make himself a very happy Man: And af∣ter having obliged him to Secresy, he told him, in direct terms; it was to take away the Life of the King of England, who was an Heretick, and consequently a Rebel against God Almighty: But he desiring time to consider it, avoided the seeing my Lord any more, and so came to Lon∣don; and by Applications to: the Duke of Mon∣mouth, he got into the French Service.—This was in Novemb. 1675.—My Lord then charg'd him with running from his Colours, and therefore unfit for such a Service; and that he never saw him before. —

And here the Evidence ceasing, the Lord Staf∣ford began his Defence: complaining of his close Imprisonment for two Years and of his abhorrence of those two great Sins, Treason and Murder, owning and condemning the Gunpowder Plot, and the King-killing Doctrine, protesting his own Loyalty and Innocency; Not doubting to prove these Witnesses perjured,

and therefore requesting the use of the Lord's Journal-Book, and the Depositions of Dugdale, Oates, and Turbervile, without which he could not make his Defence. Hereupon arose some Debate in the Court, after which the Lords withdrew, and after an hour and an halfs space, returned; and then the Lord High Steward did tell the Lord Stafford, that what-ever Evidence there is before the Court of Peers, he was to have; but for the others they could not help him thereto; and in regard he had complained of his Faintness, the Lords intended not to put him upon it, to go on to make his Defence, but would give him time till to Morrow. For which the Lord Stafford thanked the Lords; but insi∣sted to, request moreover the Depositions of Dugdale; but he was told they were in the Jour∣nal-Book, which he was allowed the use of Then the Prisoner desired he might not appear till ten of the Clock next day, because he wan∣ted Sleep, writing late;—or that one, days re∣spite might be allowed him; which the Lord High Steward seemed inclinable for, but was opposed by the Managers for the Commons: then Court adjourned into the Parliament-Chamber, and the Commons went to their House; to whom the Lords soon after, sent a Message, That they had ordered the Prisoner to the Bar at Ten of the Clock next Morning. And then the Commons adjourned so Eight the next Morning.

The Third Day.

THursday, Decemb. 2. 1680. at Ten the Court being sate, the Prisoner was set to Bar, and required to go on with his Defence; For which end he called Turbervile, and asked him, when he last saw him? who said, in No∣vemb. 1675. Whence he made his Plea, that he was not within the time limited for prosecu∣tion; but was informed of his Mastake, lesser Crimes being limited to six Months, but Trea∣son to no time at all.

Then Dugdale being called again, was by him charged, That He had sworn at Sir George Wake∣man's Trial, that he (the Lord Stafford) was at a Consult at Tixal, in August 1678, and pro∣ved it by the Testimony of the Lady Marchio∣ness of Winchester, and one Mrs. Howard, who affirm'd they heard him (though Dugdale de∣nied it); and then proved that he was all that Month at the Bath; and at the Marquess of Wor∣cester's House, by Thomas Bonny Clerk of the Kitchen to the Lord Marquess, of Worcester, Tho∣mas White his Coachman, Richard Bevan his Groom, and the Lord Marquess himself; and that he came not to Tixal till Septemb. 12. and then had no Converse alone with Dugdale, nor could ever endure him; reviling him, as having been a poor Boy found at the Door, then a Thresher, then a Baily, and now a Witness for the King. To this end, he acknowledged that he spoke to Dugdale on the 20th of September in his Chamber, but not alone, nor about any thing

but a Race to be run that day on Etching-Hill; which he proved by the Testimony of his own Servants, Nicholas Furness a Dutch-man, (whose Blunder in his Evidence, made the Auditory laugh) and George Leigh. He produced also Thomas Sawyer, a Servant to the Lord Aston, and Mr. Phillips Parson of Tixal, as to the Reputati∣of Dugdale, who said little more to disparage him, than that he ran away from the Lord As∣ton, and was apprehended, and would then have been own'd by my Lord as his Servant, which was refused; and Six Walter Bagot, Mr. Thomas Kinnersley, and Sir Thomas Whitgrave, be∣ing the Justices before whom he was brought, af∣firmed, That then he took the Oaths of Alle∣giance, &c. and protested he knew nothing of the Plot.

Then the Lord Stafford offered to prove fur∣ther against Dugdale, that he had offered Mony to some to swear falsly against his Lordship; to this end William Robinson, a Worcestershire-man, affirmed, That about Midsummer was twelve∣month, Dugdale offered him Mony in London to swear against the Lord Stafford; and John Mor∣ral a Barber in Ridgley in Staffordshire, that he proffer'd him 50 l. in Hand, and 50 l. more when the thing was done, to swear against Mr. Howard, Sir James Symonds, Mr. Herbert Aston, and several others, as concern'd in the Plot: And Samuel Holt a Black-smith at Tixal, that he proffered him 40 l. to swear that Walter Moor carried Ewers away.

Then the Lord Stafford proceeded to prove, that Dugdale deposed, at the Trial of the five

Jesuits, That he communicated the News of Sir E. Godfrey's Death, which was on Saturday, to Mr. Sambidge the Tuesday following; which Mr. Sambidge denies. That he so swore Mr. John-Lydcott (a Fellow of King's-Colledg in Cambridg), and one Charles Gifford (who were present at that Trial; and took Notes) did te∣stify. And Mr. Sambidge denied that he heard of the News till Friday or Saturday, or that he was at the Ale-house with Dugdale at all; but that he was an ill Man, and very abusive, espe∣cially to the Clergy.

Then the Lord Stafford proceeded against Dr. Oates; objecting against him, That when he was examin'd before the Council, having named many, and not naming the Prisoner, he said, he had no more to accuse; and for the proof of this he call'd Sir Philip Lloyd, who remembred nothing of it, and appealed to the Lords then present, but none could speak to it; till at length the Earl of Berkley did say, That he re∣membred, in the House of Lords, when Dr. Oates was asked, If he could accuse any other Person of what Quality soever? Oates answer∣ed, That he had no more in relation to Eng∣land to accuse, but in relation to Ireland he had; which was after he had accused the Lord Staf∣ford, though before he had accused the Queen.

Then he called for Mr. Dugdale again, and objected further against him, That he did de∣pose before Tho. Lane and J. Vernon, two Justi∣ces in Staffordshire, Decemb. 24. 1678. That presently after one Howard, Almoner to the Queen, went beyond-Seas, he was told by Geo. Hobson,

(Servant to the Lord Aston) that there was a Design, &c. Whereas this Hobson was not a Servant to the Lord Aston of three Years after the Almoner went, and yet here he says presently. But Dugdale explained, that his meaning was, that Hobson told him there was a Design presently after the Almoner went, &c. Which was contested, but at last submitted to.

Then Mr. Turbervile was called again; and the Prisoner objected against him his deposing to the Year 1673 one day, and to 1672 the next; whence he concluded him to be necessarily per∣jured: But Sir William Poultney, who took his Affidavit, related the whole Story, which shew∣ed him to be mistaken in the Year; which he finding out that Night, by a Paper he found, came and corrected it himself the next Morn∣ing. And whereas the Lord Stafford had char∣ged him for a Coward, and for running away from his Colours, he produced his Discharge from his Captain, which certified otherwise. Then whereas Turbervile had before deposed, that his Lordship was lame of the Gout, when he waited upon him in France, he declared he had not been lame these forty Years, and ne∣ver had the Gout in his Life; and his two Ser∣vants, Furness and Leigh, testified the same for the time they had lived with him, and who were with him then in France, but denied that ever they saw Turbervile with him. And whereas Turbervile deposed, That he came to England by Calice, he said, he came by Diep, and pro∣duced one Mr. Wyborne who testified the same,

together with his aforesaid two Servants. A∣gain, whereas Turbervil deposed, That when he came from. Doway, his Relations were an∣gry with him, and the Lord Powis and his Lady; he affirmed, that he was upon his return, re∣ceived courteously at the Lord Powis's House, and by his Relations; which was testified by John Minhead, one that belonged to the Lord Powis, and a French-Man. And whereas Tur∣bervile said he was disinherited; his elder Bro∣ther, by another Mother, testified the kindness of his Relations towards him, and that there was no Estate likely ever to come to him, there being so many Heirs before him. Finally, whereas Turbervile also, in his Affidavit had said, the Lord Castlemain was at the Lord Powis's at such a time, which must be either in the Years 1672, 1673, or 1674, he called Mr. Lydcott a∣gain, to testify he was not in Wales in any of those Years, who by his Notes, which he con∣fessed he had transcribed out of another Book, spoke very particularly to the times; only the beginning of 1672, he could not tell how to account for; nor did Turbervile ever say posi∣tively to a Year.

So the Lord Stafford being asked if he had any more Witnesses? and answering he had three or four, the Peers thought it too late to proceed, and so adjourned into the Parliament-Chamber, and the Commons went back to their House; to whom the Lords sent a Message, that they had ordered the Prisoner again to the Bar at Ten next Morning.

The Fourth Day.

FRiday Decemb. 3, 1680. about Ten the Court being sat, and the Prisoner at the Bar, the Ld. High Steward reminding him how far he had gone, and where he left off in his Defence, desired him to go on: Who called therefore John Porter, Butler to the Lord Powis, who said, That about a Year ago, in several places in London, he heard Turbervil say, that he believed neither the Lord Powis, nor the rest of the Lords were in the Plot, and the Witnesses that swore against him he believed were perjured, and he could not believe any thing of it; and that as he hoped for Salvation, he knew nothing of it neither directly nor indirectly; and altho he was a little low at present, and his Friends would not look on him, yet he hoped God would never leave him so much, as to let him swear against innocent Persons, and forswear and damn himself. Mr. John Yalden, a young Barrister of Greys-Inn also affirmed, that as he walked with Turbervil in February or March last in Greys-Inn-Walks, he heard him say, God damn me, now, there is no Trade good but that of a Discoverer, but the Devil take the D. of York, Monmouth, Plot and all, for I know nothing of it. Afterwards Yalden being gone, words passing be∣tween Turbervile and him, they both complain'd of one another to the Court — The Ld. Staf∣ford then call'd for Oates again, objecting against him, his swearing before the Council, that he saw in Spain Don John of Austria, but the Lord

Privy-Seal affirm'd that he only then said, that he saw one whom he was told was that Person, and that he did not know him of himself. The Prisoner further objected that none of his Let∣ters, nor no Commission was produced; that he knew neither Oates nor Fenwick, nor ever saw Oates either at Fenwick's or Dr. Perrot's (tho Oates in∣stanced in a Circumstance at Dr. Perrot's, how he offer'd him half a Crown to call Perrot home to him, which he refused, saying, he was no Porter) and that he was not to be look'd on as a credible Witness, because he dissembled with God, in as much as he deposed that he never was but seem∣ingly a Papist. — Saying also, that but last night he called the Lieutenant of the Tower, Jaylor, and Rascal, which became not a Man of his Coat. He charged then Dugdale again, that he was a Prisoner for Debt in Stafford when he made his first Affidavit, and Dugdale acknowledge'd he was then under the Serjeants hands. He ob∣jected moreover Oates Poverty, and that he said in a former Trial, that he was. 700 l. out of Purse: Whereupon Dr. Oates confess'd his Po∣verty, and offer'd to prove how he had dis∣burss'd so much Mony, relating how he had so much given him, and got so much by printing some Copies. And here the Prisoner ending his Defence, the Managers offer'd, before they summ'd up the Evidence, to produce their Wit∣nesses to fortify their Evidence, and to discover what kind of Witnesses have been made use of against it, and to falsify what the Prisoner's Witnesses have said in some Particulars.

And first of all, Mr. William Hanson of Wil∣nal in Staffordshire, deposed, that he had seen Dugdale alone with the Prisoner in the Lord Aston's Parlour.

Then Mr. James Ansell of Heywood in Stafford∣shire deposed also, that being of Tixal, he saw the Prisoner and Dugdale walking alone together in the Court, and that after the Plot was disco∣vered, that Dugdale was fearful of coming into Company. That also he and Mr. Hanson was at Eld's the Ale-house, Oct. 14. on Monday Mor∣ning, and heard Mr. Dugdale tell of the Murther of a Justice of Peace of Westminster, in the pre∣sence of Mr. Phillips, and Mr. Sambidg, who be∣fore have denied it, and Hanson being called again, deposed the same.

Mr. Birch also deposed, that it was all about those parts by Tuesday and Wednesday, Octob. 15, and 16. that a Justice of Peace of Middlesex was killed.

John Turton Esq deposed that he was told of the Rumor on Tuesday, Octob. 15. and that it was Sir Edm. Godfrey that was murthered, and as it was supposed, by the Papists.

Then against the Testimony of William Ro∣binson, Mr. Booth, a Member of the House of Commons, deposed that he heard him in Cheshire talk the most atheistically as ever he heard any Man in his Life, ridiculing the Sabbath, it being on a Sunday, and that from others he had heard how he went about the Country to cheat.

The Earl of Macclesfield deposed, much to the same purpose, and that he had heard him confess himself a Rogue, and false Dice were

found about him, being before a Justice of Peace.

Against Samuel Holt, another of the Prisoner's Witnesses, Sampson Rawlins, deposed, that he was a Man of a very ill Report where he lived, a lewd drunken Fellow, and said to keep ano∣ther Man's Wife, and that he said none but Rogues would take Mr. Dugdale's part and be cause the Witness did so, he would have mur∣der'd him, and that he broke the Lord Aston's Wine-Celler, and my Lord bid Mr. Dugdale send him to Goal, but he begg'd him his Pardon; that he had known Mr. Dugdale this 14 or 15 Years in good Repute and an honest Man.

Thomas Launder deposed much to the same purpose against Holt, adding that he was, by a Consult of them at Tixal, proffer'd Mony to have sworn Anselm a perjured Rogue at the Lord Aston's Trial.

Against John Morrall, Thomas Thorne deposed, that he was a poor needy Fellow, that wandred about the Country, and but of an indifferent Reputation.

Then Simon VVright deposed, that one Ples∣sington had proffer'd him 700 l. to own himself perjured at Mrs. Price's Trial, and to swear that Dugdale would have given him Money to swear against Sir James Simons and Mr. Gerard, and they made him write Letters to this purpose; this Plessington was the Lord Bellasis's Steward.

Then Elizabeth Eld deposed, that she and her Sister help'd to burn Mr. Dugdale's Papers that Morning he went away from the Lord Aston's, and one little Book he said had no Treason in

it, and needed not therefore to be burnt; Why, said the Witness, is there Treason in any of the other Papers? to which he only answered, Do you think there is?

Ann Eld, her Sister, deposed also the very same things.

Then one Mr. Michael Noble, deposed that he had help'd him to make up his Accounts, and been with Mr. Dugdale at the Tower, to account with the Lord Aston twice, and one time the Lord Aston would not be spoke with, and another time they spake with him with great difficulty, but he would not produce the Book wherein Mr. Dugdale said the Discharges were.

Then Mr. Stephen Colledge, deposed he was with Mr. Dugdale at the Tower, when he went to make up his Accounts with him, but they could not be admitted; and that then he heard one of the Lord Aston's Men say, that Mr. Dugdale was as honest a Gentleman as ever lived in their Fa∣mily.

Then Mr. Nich. Boson, who was with Mr. Dug∣dale at the same time with Mr. Noble and Mr. Colledge, deposed to the same purpose.

Then for the Vindication of Dugdale's Cre∣dit, Thomas Whitby, Esq deposed that he had known Mr. Dugdale nine or ten Years in the Ld. Aston's Service, and that he was his Steward, and all the Servants under him, and was en∣trusted with all his Estate, and counted faith∣ful to his Master's Interest, only he hath heard some Tradesmen say that he hath put them off without Mony.

Then Mr. William Southall, a Coroner of Staffordshire, was sworn, who testified to the Re∣putation of Dugdale, having known him eight Years, and gave a large account of his first Discovery of the Plot, being then present, how that on December 23, 1678. he meeting Mr. Dug∣dale at Stafford upon business, he perswaded him to discover, and got him examin'd that day, and afterwards more fully the next day.

After him one Mr. Thomas Mort, who had been Page to the Lord Powis, deposed that he saw Turbervile at Paris, and knew he convers'd with the Lord Stafford whom he knew not, and came with him to Diep, to go over with him and my Lord, for whom they waited a fort∣night, much to their Inconveniency; and there∣fore he or some of the Company said, Cursed is he that relies on a broken Staff, alluding to the Lord Stafford's Name. That Turbervile then told him, if he went to Calice, he might go o∣ver with my Lord, but how he came to know that, he knew not; but he got another opportu∣nity, and so came over.

Then Mr. Powel, a Gentleman of Greys-Inn, deposed, that he heard him mention his know∣ledg about the Plot about a Year ago, but that he did not think fit then to reveal it, for fear of his Brother's Anger, and because some of the Witnesses had been discouraged, and he was afraid he should be so too.

Then Mr. Arnold (one of the Members of the House of Commons) deposed that he knew Mr. Turbervile to be a very civil honest Gentle∣man, and that the reason he discover'd no

sooner was, he told him, because the Witnesses that were come in were in danger of their Lives, and were discouraged, and as long as the D. of York had so great a Power in the Council, and the Lady Powis's Brother in those Parts he lived (which his Lordship usually calls his Pro∣vince) he durst not for his Life.

Then Mr. Hobby being sworn, gave a very good Character also of Mr. Turbervile, whom he had known four Years.

Mr. Matthews, a Divine, being sworn, gave him likewise a good Character, and that he had often discoursed with him, and found him incli∣nable to come off from the Roman Religion, and that he had known him four Years.

Mr. William Seys being sworn, said, he never heard nor knew any ill by Mr. Turbervile, whom he had known two Years.

Captain Scudamore deposed much the same as to Mr. Turbervile's Credit.

Then whereas the Lord Stafford had brought his Servants to prove he had not been lame of so long a time; the Lords Stamford and Lovelace deposed that they had observed him lame with∣in less than seven Years, which his Lordship ex∣cused, saying it was only his Wearines.

And here the Managers resolving to call no more Witnesses, urged the Prisoner to sum up his Defence, that the Process might be closed. But he called Mr. Whitby again, asking him if he had not once complained of Dugdale to the Lord Aston, telling him he was a Knave? Mr. Whitby confessed he told the Lord Aston that Dugdale was a Dishonour to his Family, in not paying

People their Mony, when they came for it. But he was told afterwards, it signified nothing, for that the present Ld. Aston would hear nothing against him.

Then the Ld. Stafford gave into the Court Wright's Letter; who being called, owned his hand, saying, That was one which he was hired to write; which intimated as if Dugdale had suborned him to swear false, &c. Then the Prisoner being urged to conclude, he protested his Unreadiness and Weakness; whereupon the Court broke up, and the Lords sent a Message to the Commons, that to morrow morning at 10, they had ordered the Prisoner again to the Bar.

The fifth Day.

SAturday December the 4th, 1680. About 10, the Court being sat, and the Prisoner call'd upon to sum up his Defence, he prayed leave to call a few Witnesses more, which after some De∣bate, and his Lordships Weeping, was admit∣ted. And then the Lord Ferrers was called up∣on to speak his Knowledg of Southall; who said he could only speak by hear-say, that he had been an active Man in the late times against the King, and is counted a pernicious Man against the Government.

The Lieutenant of the Tower also was called, and testify'd that Dugdale coming to make up his Accounts, the Lord Aston desired the Lieute∣nant to be present, who said he did not under∣stand Accounts, but would get one that did; whereupon Dugdale said he would come another

time, but never did that he saw or heard of.

The Prisoner began to sum up his Defence; and ended with proposing these five Points of Law. 1st. That there is no precedent for cri∣minal Proceedings to be continued from Parlia∣ment to Parliament, as this had been to three. 2ly. Whether in capital Cases, they can proceed upon Impeachment, and by Indictment first found by the Grand Jury. 3ly. There is a de∣fect in the Impeachment, there being no overt Act alledged. 4ly. The Witnesses by Law are not competent, because they swear for Mony. And not having proved him a Papist, whether he can be concern'd as to the Plot in general. 5ly. That there ought to be two Witnesses to every point. Thus concluding, the Managers vindicated Mr. Southall's Credit sufficiently, by the Depositions of the Lord Brook, and Mr. Wil∣liam Leveson-Gower, who knew him very well to be an honest able good Man, and of the Church of England, and an eager Prosecutor of Papists. Then Sir William Jones, one of the Managers, summ'd up the Evidence very largely, and Mr. Powle another of them, proceeded, and Serjeant Maynard answered his matters in Law shewing to the third several Overt Acts, as receiving a Com∣mission, being at Consults, and hiring Persons to kill the King. To the 2d, That an Impeach∣ment of the House of Commons is more than an Indictment. To the 1st, That what is once upon Record in Parliament, may at any time be proceeded upon. And then Sir William Jones spoke again: And to the 5th, said, there needed but one Witness to one Act, and another to ano∣ther,

where the several Acts as here, fall under the same head of Treason. And to the 4th, that he had not proved, and however that what Mony the Witnesses had, was for their Maintenance only. Sir Francis Winnington spoke also to the same heads. And then the Prisoner urged that his Counsel might be heard as to those Points; who were Mr. VVallop, Mr. Saun∣ders and Mr. Hunt, and the first proposed to be handled, being the last; Mr. VVallop excused himself from speaking to it, because it lately had been determin'd in the inferiour Courts, — Then the Lords adjourned into the Parlia∣ment Chamber to consider the Points, the Com∣mons staying, and returning after about an hour, the Lord High Steward, declared that it was the Lords Will that all the Judges present should give their Opinions, whether the 5th Point was doubtful and disputable or no. Then all the Judges consulted privately together, and after∣ward gave their Opinions (in the Negative) Seriatim; first the Ld. Ch. Justice North, (the Ld. Ch. Baron Montague, Mr. Justice VVyndham, Mr. Just. Jones, Mr. Just. Dolben, Mr. Just. Ray∣mond, Mr. Baron Atkins, Mr. Baron Gregory, Mr. Baron VVeston, and Mr. Just. Charlton.—After which the Court adjourned, and the Lords sent a Message to the Commons, that they had or∣dered the Prisoner to the Bar again on Monday morning at 10 a Clock.

The sixth Day.

MOnday, December 6. 1680. about 11 the Court being sat, and the Prisoner at the Bar, his Petition was read, which was for leave to offer a few things more to clear himself, and which the Ld. H. Steward told him the Lords had granted. He then said, that seeing he had received their Order that his Counsel should not be heard touching the continuance of Impeach∣ments from Parliament to Parliament, he desired that he might offer them his own Conceptions concerning that; urging that they had not yet declared their own Judgments either as to that, or whether they did acquiesce in the Judges Opi∣nions; praying that his Counsel might be heard as to the other points: protesting his own In∣nocency and Abhorrency of Treason: reading then his Case, and repeating his Defence, &c. After which the Lords adjourned into the Parlia∣ment Chamber, and the Commons returned to their House, and received a Message from the Lords, that they had ordered the Prisoner to the Bar to receive Judgment to morrow at 10.

The seventh Day.

TUesday December 7, 1680. About 11 the Court being sat, the Ld. H. Steward took the Votes of the Peers upon the Evidence, be∣ginning at the Puisne Baron, and so upwards in order, the Lord Stafford being (as the Law re∣quired) absent. The Ld. H. Steward began

then, saying, My Lord Butler of VVeston, Is VVilliam Lord Viscount Stafford Guilty of the Treason whereof he stands impeached, or not Guilty?

Lord Butler; Not Guilty upon my Honour.

The same Question was put to the rest, whose Names and Votes follow.

• Ld. Arundel of Trerice; Not Guilty upon my Honour.
• Ld. Crewe; Guilty upon my Honour.
• Ld. Cornwallis; Guilty upon my Honour.
• Ld. Holles; Not Guilty upon my Honour.
• Ld. VVootton; Not Guilty upon my Honour.
• Ld. Rockingham; Guilty upon my Honour.
• Ld. Lucas; Not Guilty upon my Honour.
• Ld. Astley; Guilty upon my Honour.
• Ld. VVard; Not Guilty upon my Honour.
• Ld. Byron; Not Guilty upon my Honour.
• Ld. Hatton; Not Guilty upon my Honour.
• Ld. Leigh; Guilty upon my Honour.
• Ld. Herbert of Cherbury; Guilty upon my Honour.
• Ld. Howard of Escrick; Guilty upon my Honour.
• Ld. Maynard; Guilty upon my Honour.
• Ld. Lovelace; Guilty upon my Honour.
• Ld. Deincourt; Not guilty upon my Honour.
• Ld. Grey of Wark; Guilty upon my honour.
• Ld. Brook, Guilty upon my honour.
• Ld. Norreys, Not guilty upon my honour.
• Ld. Chandos, Guilty upon my honour.
• Ld. North and Grey, Guilty upon my honour.
• Ld. Paget, Guilty upon my honour.
• Ld. Wharton, Guilty upon my honour.

• Ld. Eure, Guilty upon my honour.
• Ld. Cromwel, Guilty upon my honour.
• Ld. VVindsor, Not guilty upon my honour.
• Ld. Conyers, Guilty upon my honour.
• Ld. Ferrers, Not guilty upon my honour.
• Ld. Morley, Not guilty upon my honour.
• Ld. Mowbray, Not guilty upon my honour.
• Ld. Viscount Newport, Guilty upon my ho∣nour.
• Ld. Visc. Faulconberg, Guilty upon my honour.
• Earl of Conway; Guilty upon my honour.
• E. of Berkley; Not guilty upon my honour.
• E. of Maclesfield; Guilty upon my honour.
• E. of Hallifax; Not guilty upon my honour.
• E. of Feversham; Not guilty upon my honour.
• E. of Sussex; Guilty upon my honour.
• E. of Guilford; Guilty upon my honour.
• E. of Shaftesbury; Guilty upon my honour.
• E. of Burlington; Guilty upon my honour.
• E. of Ailesbury; Not guilty upon my honour.
• E. of Craven; Not guilty upon my honour.
• E. of Carlisle; Guilty upon my honour.
• E. of Bath; Not guilty upon my honour.
• E. of Essex; Guilty upon my honour.
• E. of Clarendon; Not guilty upon my honour.
• E. of St. Albans; Not guilty upon my honour.
• E. of Scarsdale; Guilty upon my honour.
• E. of Sunderland; Guilty upon my honour.
• E. of Thanet; Not guilty upon my honour.
• E. of Chesterfield; Not guilty upon my honour.
• E. of Carnarvan; Not guilty upon my honour.
• E. of Winchelsea; Guilty upon my honour.
• E. of Stamford; Guilty upon my honour.
• E. of Peterborough; Not guilty upon my ho∣nour.

• E. of Rivers; Guilty upon my honour.
• E. of Mulgrave; Guilty upon my honour.
• E. of Barkshire; Guilty upon my honour.
• E. of Manchester; Guilty upon my honour.
• E. of Westmoreland; Guilty upon my honour.
• E. of Clare; Guilty upon my honour.
• Earl of Bristol; Guilty upon my honour.
• E. of Denbeigh; Not guilty upon my honour.
• E. of Northampton; Guilty upon my honour.
• E. of Leicester; Guilty upon my honour.
• E. of Bridgwater; Guilty upon my honour.
• E. of Salisbury; Guilty upon my honour.
• E. of Suffolk; Guilty upon my honour.
• E. of Bedford, Guilty upon my honour.
• E. of Huntington; Guilty upon my honour.
• E. of Rutland; Not guilty upon my honour.
• E. of Kent; Guilty upon my honour.
• E. of Oxford; Guilty upon my honour.
• Ld. Chamberlain, Not guilty upon my honour.
• Marquess of Worcester; Not guilty upon my honour.
• D. of Newcastle; Not guilty upon my honour.
• D. of Monmouth; Guilty upon my honour.
• D. of Albemarle; Guilty upon my honour.
• D. of Buckingham; Guilty upon my honour.
• Ld. Privy-Seal; Guilty upon my honour.
• Ld. President; Guilty upon my honour.
• Ld. H. Steward; Guilty upon my Honour.

Prince Rupert Duke of Cumberland; Guilty upon my Honour.

The Ld. H. Steward then declared, that up∣on telling the Votes, he found there were 31 that think the Prisoner Not Guilty, and 55 that have found him Guilty. Whereupon the Priso∣ner

was brought to the Bar; and the Ld. High Steward informing him, the Lords had found him Guilty: He said, God's Holy Name be praised for it! —confessing it surpriz'd him, for he did not expect it; and that he had only this to say for suspending of Judgment, That he did not hold up his Hand at the Bar, which he conceived he ought to have done; and that though he was tried upon the Act of 25. Edw. 3. yet there be∣ing nothing more in that Act, than what is in∣cluded in the Act of the 13th of this King, he ought only to lose his Seat in Parliament, which was the Punishment there put down for a Peer; submitting to their Lordships, and desiring their Judgments in these Points.

Then the Lords Adjourned into the Parlia∣ment-Chamber, and the Committee of Commons returned to their own House; and the Speaker having re-assumed the Chair, the whole Body of the House went, with their Speaker, to the Bar of the House of Lords, to demand Judg∣ment of High-Treason against William Viscount Stafford, upon the Impeachment of the Com∣mons of England in Parliament, in the Name of the Commons in Parliament, and of all the Commons of England.

Then the Commons, with their Speaker, went back to their House. Then the Lords took into Consideration what Judgment was to be given, and it was moved that he might be be∣headed. After some Debate the Judges were asked, Whether if any other Judgment than the usual Judgment for High-Treason were given upon him, it would attaint his Blood?

The Judges were of Opinion, that the Judg∣ment for High-Treason appointed by Law, is to be Drawn, Hang'd, and Quartered; and in the Courts and proceedings below, they can take no notice of any Judgment for High-Treason, but that.

Then Sir Creswell Levinz, desired for the King (being his Attorney-General) to have that Judgment; because if any other were given, it would be prejudicial to his Majesty, and be a Question in the inferior Courts as to his Attainder of High-Treason.

So it was ordered, that the ordinary Judg∣ment should be pronounc'd upon him; Which (their Lordships and the Commons being re∣turned, and the Court, sate) was accordingly by the Lord High Steward; he premising a short pithy Speech, wherein he acquainted him, that what he had said in Arrest of Judgment had been found by the Lords, to be of no moment at all: speaking to the certainty of the Plot, and of his share therein, advising now to consider how God had left him, and that he never leaves any but who leave him first. To think what kind of Religion it is, wherein he had been led to this; And to consider that true Repentance was never too late, moving him to give God the Glory, by a free Confession, &c.

After Sentence pronounc'd, the Prisoner, desired his Relations and Friends might come to him. And the Lord H. Steward inform'd him that the Lords intended to become humble Suitors to his Majesty to remit all the Punishment but the taking off his Head. The Prisoner

weeping, answered, That their Justice did not make him cry, but their Goodness.

Then the Lord High Steward broke his Staff, and the Lords Adjourned into the Parliament-Chamber, and the Commons returned to their House, and the Prisoner, with the Ax born before him, with the Edg towards him (it being carried contrarily during his Trial) was sent back to the Tower.

On Wednesday, December 29. 1680. About 10 in the Morning, he was brought to the Scaffold on Tower-Hill. And pulling off his Hat, he pulled a Paper out of his Pocket and read it, as his Speech (which the very same day, before two a Clock, came out in Print, as his Speech) and he delivered divers Copies, signed by himself, to Mr. Sheriff Cornish, and other Gentlemen about him. He then desired he might have liberty to pray in his own Way; which being granted, he kneeled down by the Block, and taking out of his Pocket another Paper, he read a Latin Prayer; which done, he gave the Paper to Mr. Sheriff Bethel; and then spoke to the People about the Scaffold to this effect: God bless you all, Gentlemen; God preserve his Majesty, He is as good a Prince as ever govern'd you; Obey him as faithfully as I have done; and God bless you all Gentlemen. Then he strip's himself to his Wastcoat, and after some few short private Discourses with his Friends, he laid down his Neck on the Block, and stretched himself. The Executioner being de∣manded by the Sheriffs, whether he had any Sign? he answered, No. Then the Prisoner

raised up his Head, and said, He had no Sign to give, but the Executioner might take his op∣portunity; and laid his Neck on the Block again. After which, in a short time, the Exe∣cutioner did his Office, by severing his Head from his Body, and holding up the Head in his Hand, carried it about the Scaffold, shewing it to the People and saying Here is the Head of a Traitor. The Body was put into a Coffin, and conveyed to the Tower.