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COMPLETE COLLECTION 

OF 

State Trials 

AND 

PROCEEDINGS FOR HIGH TREASON AND OTHER 

CRIMES AND MISDEMEANORS 

FROM THE 

EARLIEST PERIOD TO THE YEAR 1783, 
WITH NOTES AND OTHER ILLUSTRATIONS: 

COMPILID BY 

T. B. HOWELL, Esq. F.R.S. F.S.A 

-— • INCLUDING, 

IN ADDITION TO TflE WHOLE OF THE MATTER CONTAINED IN THE 

FOLIO EDITION OF HARGRAVE, 

UPWARDS OP TWO HUNDRED CASES NEVER BEFORE COLLECTED; 

TO WHICH IS SUBJOINED 

A Table of Parallel Reference, 

RENDERING THIS EDITION APPLICABLE TO THOSE BOOKS OF AUTHORITY IN 
WHICH REFERENCES ARE MADE TO THE FOLIO EDITION. 



IN TWENTY-ONE VOLUMES. 

VOL. VII. 

30—32 CHARLES II 1678—1680. 



LONDON: 

Printed by T. C. Hansard, Peterborough-Court, Fleet-Street ; 

FOR LONGMAN, HURST, REES, ORME, and BROWN ,• J. M. RICHARDSON ; 
BLACK, PARBURY, and ALLEN; BALDWIN, CRADOCK, and JOY; 
E. JEFFERY; J. HATCHARD; R. H. EVANS; J. BOOKER ) E. LLOYD; 
J. BOOTH; BUDD a*d CALKIN; AND T. C. HANSARD. 

1816. 



. 



UBMRYOFTHE 
LELMO ftTAiVFOfiO ;:'.i\!\<ER8ITY. 

0..M-3ISJ" 
Ms 27 WOO 



- 






TABLE OF CONTENTS. 



TO 



VOLUME VII. 



■ IMIM ^umiii Ml-** 



STATE TRIALS IN THE REIGN OF 
KING CHARLES THE SECOND. 

\* Vk* new Matter * mqriked JN.] 
■**• THE Trial of Bbwam> Colmah, at the KrogVBench, for High Treason, 

A* &• 1678 (MIMHINMIIHItlM^IIMHMIUMHHMUMMIHMtflMlflltlMMI,!!! | 

945. The TVial of William Irrlan©, Thomas Pickering, and John Grove, at 

the Old Barley, for High Treason, a. d. 1678 , 79 

34G. The Trial of the Lord Cornwall™, before the Lords at Westminster, for 

the Murder of Robert Clerk, a. d. 1678 lit 

947. The Trial of Robert Green, Henry Berry, and Lawrence Hill, at the 

KingVBench, for the Murder of Srr Edmundbury Godfrey, a. d. 1 679 1 59 

348. The Trial of Mr. Samuel Atkins, at the Ktng's-Bench, for being acces- 
sary to the Murder of Sir Edmundbury Godfrey, a. d. 1679 ... 231 

949. The Trial of David Lewis, a Jesuit (pretended Bishop of LlandafF), at 

Monmouth Assizes, for High Treason, a. d. 1<?79 ,. 250 

* « » 

250. The Trial of Nathan ael Reading, esq. for a Trespass and Misdemeanor, 

a. d. 1679 *....♦. .;.- 259 

251. The Trial of Thomas White, alias Whitebread, Provincial of the Jesuits 

m England, William Harcourt, pretended Rector of London, John 
Fbnwick, Procurator foe the Jesuits in England, Joan Gavan, alias 
Gawbn, and Anthony Turner, all Jesuits and Priests, at the Old 
Bailey, for High Treason, a. d. 1679 ; « 311 



TABLE OF CONTENTS. 

Page 
$ 53 , The Trial of Ricbabb Laxghobn, esq. at the Old Bailey, for High Trem- 

son, a. d. 1679 ••••• • • h„, m . 41S 

An Answer to the Rejections on the Five Jesuits Speeches; or, 
General Bales of Christian Charity. Together with the Speech 
of Henry IV. King of France in behalf of the Jesuits [N.] 564 

Animadversions on the last Speeches of the five Jesuits, Tin. Thomas 
Whitb alias Whitbbbbad, Provincial of the Jesuits in England; 
WIluam Habgoubt, pretended Rector of London; John Fbn- 
wick, Procurator for the Jesuits in England ; John Gay an alias 
Gawbn, and Anthony Tubnbb ; who were all e x ecuted at Ty- 
burn for High Treason in conspiring the Death of the King, &c 
June 20, 1679 [N.] 543 

An Account of the Behaviour of the Fourteen late Popish Malefec- 
tors whilst in Newgate. And their Discourses with the Ordinary, 
viz. Messrs. Stalby, Colbman, Gboyb, Ibbland, Pickbbimg, 
Gbbbn,Hibb, Bbbby, Whitbbbbad, Habcoubt, Fbnwick, Gawbn, 
Tubnbb, and Lbhohobn. Also a Confutation of their Appeals, 
Courage, and Cheerfulness, at Execution. By Samuel Smith, 
Ordinary of Newgate, and Minister of the Gospel [N.] 570 

tiS. The Trial of Sir Gbobob Waxbman, hart William Mabsmal, William 
Rumlby, and Jambs Cobjlbb, Benedictine Monks, at the Old Bailey, 
for High Treason, a. n. 1679 ,.... 591 

Some Observations upon the late Trials of Sir Gbobob Wakbmav, 
Cobkbb, and Marshal, &c By Tom Ticklefbot, the Tahourer, 
late Clerk to Justice Clodpate 687 

The Ticbxbb Ticklbd ; or, the Ohservator upon the late Trials of 
Sir Gbobob Waxbman, Jtc. observed. By Mabobby Mason, 
Spinster . . 695 

The Lord Chief Justice Scaoocs's Speech in the King VBencb, the 
first Day of this present Mithaelmas-Term, 1679, occasioned by 
many libellous Pamphlets which are published against Law, to 
the Scandal of the Government, and Public Justice. Together 
with what was declared at the same time on the same Occasion, in 
open Court, by Mr. Justice Jombs, and Mr. Justice Dolbbn 70S 

954. The Trial of Chablbs Kbbmb, at Hereford Assises, for High- Treason, 

being a Bomish Priest, a. p. 1679 •-•• 707 

25*. The Trial of Anbbbw Bbommich, at Stafford Assises, for High Treason, 

being a Komish Priest, a. t>. 1679 ««..* 715 



TABLE OF CONTENTS. 

P*ge 
936. The Trial of William Atkins, at Stafford Am^ for High Treason; 

being a Romish Priest, a* d. 1670....... , ..* 726 

257. The Trial of Francis Johnson, a Franciscan, at Worcester, for High 

i,.a,d~ 1639 [N.}..~. .. 4.*.....,. 750 



• * « . 



358. The Trial of Thomas box and John Lane, at the KingVBench, for a 

- Misdemeanor, a. d. 1679* .» . • * ~ 769 

99. Th^ TrftUi 6f LioNiL Anderson alias Munson, William Bussel alias 
Napfer, Charles P arris alias Paebt, Henrt Staekbt, James Corker, 
William Marshal, and Alexander Lumsden, with the Arraignment 
of Dayid Joseph Kemish, at the Old Bailey, for High Treason, being 
Uomish Priests, a.d. 1680 811 

900. The Trial of John T? asborough and Anne Price, at the KingVBench, 

for Subornation of Perjury, a. d. 1680 882 

161. The Trial of Benjamin Haeris, Bookseller, at Guildhall, for causing to 
be printed, and sold, a libel, entitled, " An Appeal from the Country 
" to the City, for the Preservation of his Majesty's Person, Liberty, 
" Property, and the Protestant Religion/' a. d. 1680 996 

999. The Trial of Francis Smith, Bookseller, at the Guildhall of Loudon, for 

publishing a Libel, a. d. 1680 ♦ ......r. 051 

968. The Trial of Jane Curtis, at Guildhall, for publishing the same Libel, 

a. n. 1680 «. ~ . 959 

964. The Trial of Sir Thomas Gascoignb, bart. at the KingVBench, for High 

Treason, a. i>. 1680. 959 



965. The Trial of Elizabeth Cellibe, at the King's-Bcnch, for High Treason, 

A. D. 1680 1041 

906. The Trial of Roger Palmrr, esq. Earl of Castlemaine, in the Kingdom of 

Ireland, at the King's-Bcnch, for High Treason, a. d. 1680 1067 

967. The Trial of Henrt Carr, or Care, at the Guildhall of London, for a 

libel, a.d. 1680 ..' Ull 

968. The Trial of John Giles, at the Old Bailey, for assaulting and attempt- 

ing to murder John Arnold, esq. a.d. 1680 1130 

969. The Trial of Thomas Thwinc and Mart Prbssicks, at York Assises, for 

High Treason, a. d. 1680 .. 1169 

97a The Trial of Elizabeth Ceixibr, at the Old Bailey, for writing and 

publishing a libel, September 11th and 13th, a. d. 1680 1 183 



TABLE OF COtfTfcNlS. 

171. Proceedings against the Fire Popish Lords, vix. the Sari of Powis, Lord 
- Viscount Staffobd, Lord Pbtke, Lord Aruhdel of WaHOoub, and 
Lord Bbllasvss, for High Treason : Together with the Trial of Lord 
Viscount Stafford, a.d, 1678 — l6ft£.„„ «•••••«•»••••»••••••••• 121S 

The Trial of William Viscount Staftoio, before the Lords At 
Westminster, upon an Impeachment for High Treason, November 

30, A.D. 1<380mMMMMM.MMMM.MMM ... #MM MM.Mt.MM. 1294 



COBBETTS 



i 
k 



COBBETT'S 

COMPLETE COLLECTION 



OF 



State Trials. 



.. i* .- i ... 



3SS 



3»=rS 



r , ' _ 

844. The Trial* of Edward Coleman,^ at the Kings-Bench, for 

High Treason ; 30 Charles I J. a. d. 1678. 



ON Wednesday the *Trh of November, 1078, 
Mr. Coleman, having been arraigned the Sa- 
turday before for High-Treason, was brought 
to the KiDg's^bencb par, to receive his trial, 
and the Court proceeded thereupon, as fol- 
lowed!: 

CI. qfCr. Crier, make proclamation. . 

Crier. O yes ! Our sovereign lord the king 
does strictly charge and command all manner 
of persons to keep silence upon pain of impri- 
sonment. If any one can inform our sovereign 
lord the king, the kin£s serjeant, or the king's 
attorney-general, or this inquest now to be ta- 
ken, of any treason, murder, felony, or any 
other misdemeanour committed or done by the 



H^i 



• » From a pamphlet, entitled; « The Trial 
of Edward Coleman, gent* for conspiring the 
Death of the King, and the Subversion of the 
Government of England, and the Protestant 
Religion : who upon full evidence was found 
Goilty of High Treason, and received Sentence 
accordingly, on Thursday, November 38, 1678. 
London, printed for Robert Pawlet at the 
Bible in Chancery-lane near Fleetttreet, 1678. 

* November 28, 1678. I do appoint Robert 

* Pawlet to print: the Trial of Edward Cole- 

* man : And that no other person presume to 
' print the same. Wm. Scrogcs.' " 

f See the Introduction to the Trials for 
ito Popish Plot, vol. 6, p. 1401. Burnet's 
Hist, of his Own Time, vol* 1, p. 393, thus 
introduces Coleman t " The duchess of York 
had one pot about her to* be her secretary, 
Coleman ; who became so active in the affairs 
of the party, and ended his life so unfortunate- 
ly, that since I bad much conversation with 
him, las circumstances may deserve that his 
character should be given, though bis person 
did not,- I was told, mt was a clergyman's son : 
Bat be was early catebed by the Jesuits, and 

He understood 



YOU Til. 



prisoner at. the bar, let them come forth, and 
they shall be heard, for the prisoner stands at 
the bar upon his deliverance. 

CI, cfCr. Crier, make an O yes. 

Crier. O yes ! You good. men that are im- 

GoelJed to enquire between our sovereign 
the king, and Edward Coleman prisoner 
at the bar, answer to your names. 

CI. cf Cr. Edward Coleman, hold up thy 
hand. These good men that are now called, 
and here appear, are those which are to pass 
between you and our sovereign lord the king, 
upon your life or death ; if you challenge any 
of them, you must speak as they come to the 
book to' be sworn, and before they are sworn. 

the art of managing controversies, chiefly that 
great one of the authority of the church, better 
than any of their priests. He was a bold man, 
resolved to raise himself, which he did by de- 
dicating himself wholly to the Jesuits : And so" 
be was raised by them. He had a great east* 
nets in writing in several languages ; and writ 
many long letters, and was the chief corres- 
pondent the party bad in England. He lived 
at a vast ex pence. And talked in so positive 
a manner, that it looked like one who knew he 
was well supported. I soon saw into his tem- 

1>er ; and I warned the duke of it t For I 
ooked on him as a man much liker co spoil 
business, than to carry it on dexterously. He 
got into tbe confidence of P. Ferrier the king 
of France's confessor ; and tried to get into 
tlje same pitch of confidence with P. de la 
Chaise, who succeeded him in that post. He 
went about every where, even to the jails 
among the criminals,' to make proselytes. He 
dealt much both in the giving and taking of 
bribes." See more of him, p. 892, et seq. of 
the same volume. His name occurs in the 
Pieces Historiques, annexed to the (Euvres de 
Louts xiv. 
B 



«] 



STATE TRIALS, SO CiutLE* II. mt<—Tritl tf Edward Cokman, 



t* 



lilt prisoner challenging none, the Court 
proceeded, and the Jury were sworn, vis. sir 
Reginald Forster,.bart. ; sir Charles Lee; Ed- 
ward Wilford, esq.; Jobn : Bathurst, esn.; 
Joshua Galliard, esq. ; John Bif§eld, esq. ; Si- 
mon Middleeon, esq. ; Henry Johnson, esq. ; 
Charles Umfrevile, esq.; Thomas Johnson, 
esq. ; Thomas Eagtesfield, esq. ; Win. Bohee, 
esq* 

CI. qfCr. Crier, make an O yes. 

Crier. O yes ! Our sovereign lord the king 
dues strictly charge and command all manner 
of persons to keep silence upon pain of impri- 
sonment. 

CI. cf Cr. Edward Coleman, hold np thy 
hand. You Gentlemen of the, Jury that are 
now sworn, look upon the prisoner, and hearken 
to his charge. You shall understand, that the 
prisoner stands indicted by the name of Ed- 
WnrdColeuTan, late of the" parish of St .^Marga- 
ret's Westminster in the county of Middlesex, 
gent, for that be as a false traitor against our 
most illustrious, serene, and most excellent 

£rince Charles, by the grace of God of Eng- 
ind, Scotland, France, and Ireland king, de- 
fender of the faith, 6(c. and his natural lord ; 
having not the fear of God in bis heart, nor, 
duly weighing bis allegiance, but being moved 
and seduced ny the instigation of the devil, his 
cordial love and true duty, and natural obedi- 
ence, (which true and lawful subjects of our 
said lord the king ought to bear towards him, 
and by law ought to have) altogether withdraw- 
ing, and with all his strength intending, the 
peace aud common tranquillity of this kingdom 
of England to disturb, and the true worship of 
God within the kingdom of England practised, 
and by law established, to overthrow, and se- 
dition and rebellion within this realm of Eng- 
land to move, stir up and procure ; and the 
cordial love and true duty and allegiance, 
which true and lawful subjects of our sovereign 
lord the king towards their sovereign bear, and 
by law ought to have, altogether to withdraw, 
forsake, and extinguish ; aodour said sovereign, 
lord the king to death and final destruction to 
bring and pat, the 99th day of September, in 
the, 37th year of the reign of our said sovereign 
lord Charles the Sod, of England, Scotland, 
Franca and Ireland king, defender of the faith, 
&c. at the pariah of St. Margaret's Westminster 
aforesaid, in the count? aforesaid, falsely, ma* 
lktou Jy and traitorously proposed, compassed, 
imagined and intended, to stir up, and raise se- 
dition and rebellion within the kingdom of 
England, and to procure and cause a miserable 
destruction among the subjects of our said lord 
the king, and wholly to deprive, depose, dejject 
and disinherit our said sovereign lord the suae;, 
of his royal state, title, power, and rule of his 
kingdom of England, and u> bring and put our 
said sovereign lord the king to final death and 
destruction, and to overthrow and change the 
government of the kingdom of England, and to 
alter the sincere and true religion, of God, in 
Miis kingdom by law established ; and wholly 
to subvert and destroy the state of tbf whole 



kingdom, being in the universal parts thereof, 
well established and ordained, and to levy war 
against our said sovereign lord the king, witbin 
hits realm of England t And to accomplish and 
fulfil these his most wicked treasons, and trai- 
torous designs and imaginations aforesaid, the 
said Edward Coleman afterwards, that is to 
say, the t9th day of September, in tip 27th 
year of the reign 6f our said lord the king, at 
the parish of St. Margaret's Westminster afore- 
said, in the county of Middlesex aforesaid, 
falsely, deceitfully and traitorously composed, 
contrived, and writ two letters, to be sent to 
one M. La Chaise, then servant and eonfessor 
of Lewis the French king, to desire, procure, 
and obtain, for the said Edward Coleman, and 
other raise traitors agaitist our said sovereign 
lord the king, the aid, assistance, and adherence 
of the said French king, to alter the true reli- 
■" gion in this kingdom established, to the soper^ 
stitton of the Church of Rome, and to subvert 
the government of this kingdom of England c 
And afterwards, that is to say, the said 89th 
dsw of September in the year aforesaid, at the 
parish of St. Margaret's Westminster, in the 
county of Middlesex aforesaid, the snid Edward 
Coleman falsely, traitorously and maliciously, 
composed and writ two other letters, to be 
sent to the said M. La Chaise, then servant and 
confessor to the said French king, to the in* 
tent that he the said M. La Chaise should in- 
treat, procure, and obtain for the said Edward 
Coleman and other false traitors against our 
sovereign lord the king, aid, assistance, and 
adherence of the said French king, to alter the 
true religion in this kingdom of Eogland estah* 
lished, to the superstition of the Church of 
Rome, and to subvert the government of this 
kingdom of England : And that the said Ed* 
ward Coleman, in further prosecution of his 
treason and traitorous imaginations and inten* 
tions, as aforesaid, afterwards, vis. the 89tb 
day of September, in the 87th year of the reign* 
of our said sovereign lord king Charles, of Ent> 
land, Ate. the said several letjers, from the said 
parish of St. Margaret's Westminster, in the 
county of Middlesex aforesaid, falsely, malici- 
ously and traitorously, did send to the said M. 
La Chaise, into parts beyond the seas, there te 
be delivered so turn : And that the said Ed- 
ward Coleman, afterwards, vis. the 1st day of 
December, in the 87 th year of our said sovsv* 
reign lord the king, at the said perish : of fitv - 
Margaret's Westminster, in thfcotmty of Mid* 
dlesex aforesaid, did receive from the said M. 
La Chaise one letter, in answer to one of die 
said letters first mentioned, and written by him 
the said Edward Coleman to the said M. La 
Chaise ; which said tatter ia answer as afore* 
said, falsely, isudscwavJy, and traitorously re- 
oeived, the day and year aforesaid, at the 
parish of Se. Margaret's Westm taster, atmeseift, 
the said Edward Coleman did falsely, traitor* 
oosly, and maliciously read over and pesoses 
And that the said Edward Cofeman,tbe letfce* 
so as. aforesaid, by him m answer so the said 
letter received into his custody and possession, 



ii * 



8TATfcTftlAUS, 30 Ciuauu II. \Q1t<-Jar jg%* IWe**. 



tk> 4^ sad j«* lam m€DtV>tMd| »C tb« pwriab 
of St, Msesjuvt's Westnunsier aforesaid, « 
throoenty *f Middlesex aforesaid, did falsely, 
imfii ssuuiy> and traitorously detain, conceal 
•ad keep. By which letter the and M. La 
Canoe, the day and year last Motioned, at the 
parish of St. Margaret's Westminster, in the 
earner of Middlesex aforesaid, did signify and 
swoonae* to the said Edward Coleman, to ob- 
tain lor the said Edward Coleman, and other 
false traitors against oar sovereign lord the 
king, aid, a s s ista n ce and adherence from ihe 
said French king: And that the said Edward 
Coleman afterwards, vis. the 10th day of De- 
iber, in the 37th year of the reign of our 
1 sovereign lord the king, at the parish of St. 
gam's Westminster, in the county of Mid- 
dlesex aibreemid, bis wicked treasons and trai- 
torous designs and proposals as aforesaid did 
tail and declare to one M. Ravigni, envoy-ex- 
traordioary from the French king to oar "most 
serene and sovereigQ lord king Charles, &c. in 
the county aforesaid residing, and did falsely, 
snaociously/, and traitorously move and excite 
the said envoy-extraordinary to partake in his 
treason ; and the sooner to fulfil and complete 
Ins traitorous designs, and wicked knagioations 
and intentions, the said Edward Coleman af- 
terwards, to. the 10th day of December in the 
2?tb year of ihe reign of oar sovereign lord 
king Chudes the second of England, fee* afore- 
said, at the parish of St. Margaret's Westmin- 
ster, in the couaty of Middlesex aforesaid, did 
advisedly, maliciously, deceitfully, and traitor- 
ously compose and write three other letters to 
he sent to one sir William Throckmorton, kt. 
then a subject of our said sovereign lord the 
king of this kingdom of England, and residing 
in France, in. parts beyond the seas, viz. at the 
parish of St. Margaret's Westminster, in the 
coeoty of Middlesex aforesaid, to solicit the 
said M. La Chaise to procure and obtain of the 
said French king, aid,- assistance and adherence 
as afureaaid, and the said letters last mention- 
ed, afterwards, via. the day and year last 
as aforesaid, from' the said parish of St. 
V Westminster, in the county of Mid- 
foresaid, did falsely and traitorously 
send, and cause to be delivered to the said sir 
William Throckmorton in France aforesaid, 
his true allegiance, and against the 
o£ our sovereign lord the king that 
j ht» crown and dignity, and against the 
form of 'the statute in that case made and pro- 



CL of Cr. Upon this Indictment he hath 
-Jan arraigned, and hath pleaded thereunto 
Not Guilty ; and for his trial he puts himself 
anon God and his country : which country you 
Your charge is to enquire, whether lie be 
of the high-treason whereof be stands 
ad, or net feisty. If you find him guil- 
ts', you are to inquire what good* and chattels, 
lands and tenements he had at the time when 
the high-treason was committed, or at any 



, *,See East's Pleas of .the Crown, x. 2, s. 68. 



time since : If you 6od him not jpvty, you are 
to say so, and no more, and near your evi- 
dence. . 

Crier. If any one will give evidence on the 
behalf of our sovereign lord the king, against 
Edward Coleman the prisoner at the bar, lee 
him come forth, and he shall be beard ; for the 
prisoner now stands at the bar upon hit deli- 
verance. 

Mr. Recorder, (Sir Georre Jefferies.) May 
it please you, my Lord, and you gentlemen of 
the jury; Mr. Edward Coleman, now the pri- 
soner at the bar, stands iodicted for high trea- 
son, and the indictment sets forth that the said 
Edward Coleman, endeavouring to subvert the 
protestant religion, and to change and alter 
the same y and likewise to stir up rebellion and 
sedition amongst the king's liege people, and 
also to kill the king; did on the 29th of Sep* 
tember in the 27th year of the reign of our so- 
vereign lord the king, at the parish of St. 
Margaret's, Westmioster, in this county, com- 
pose and write two several letters to one M.La 
Chaise, that was then servant and oontesso* 
to the French king, and this was to procure 
the French king's aid and assistance to htm 
and other traitors, to alter the religion practis- 
ed, and by law established here hi England, 
to the Romish superstition. The Indictment 
sets forth likewise, That on the same day he 
did write and compose two other letters to the 
same gentleman, that was servant and con- 
fessor to the said king, to prevail with him to 
procure the French sint/s assistance to alter 
the religion in this kingdom established to the 
Romish religion. The indictment sets farther 
forth, that he caused these twe letters to be 
sent beyond seas. And it also sets forth, that 
on the 10th of December, the tame month, he 
did receive a letter from the gentleman that 
was the confessor, in answer to one of the 
former letters, and iu that letter aid and assist* 
ance from the French king was promised ; and 
that he did traitorously conceal that letter. 
My Lord, the Indictment sets out further, that 
on the 10th day of the same month, he did re* 
veal his treasons and traitorous conspiracies to 
one Monsieur Ravigni, who was envoy from 
the French king to his majesty of Great-Bri- 
tain. And his Indictment declares, he after* 
wards did write three letters more to sir William 
Throckmorton, then residing in France, to 
procure the French king's assistance to the al- 
teration of the religion practised here in Eng- 
laud. Of these several offences he stands here 
indicted. 

To this he hath pleaded Not Guilty. If we 
prove these, or eitner of them in the Indict- 
ment, you oogbt to find him guilty. 

Serj. Maytutrd. May it please .your lord- 
ship, and yoo gentlemen of toeiury : This is n 
case of great concernment. Gentlemen, the 
prisoner at the bar stands indicted for no lest 
than an intention and endeavour to murder 
the king; Jbr an endeavour and attempt te 
change the government ef the nation, so wall 
settled and instituted, and to bring us nil to 



VMM 






71 



STATE TWAIA so Cuiut U. ltfs~*ftM tf&mtri <Mma», 



[* 



ruio and slaughter of one -another ; and lac m 
endeavour to alter the Protectant religion, and 
to introduce instead of it the Romish supersti- 
tion, and Popery. 

This is the charge in general, of the Indict- 
ment. We will proceed anto particular*) 
whereby it may appear, and whereupon be 
endenvooreth to accomplish his ends. One or 
two letters -written to M. La Chaise (he is a 
foreigner, and we bate nothing to say to him, 
being confessor to the French king) it was to 
eicite and stir him up to procure aid and as- 
sistance (and you know what aid and assistance 
■leans) from a foreign prince, arms, and other 
levies. We charge bin with it, that he did re- 
ceive this letter, ay, and received an answer 
with a promise, that he shoe Id have assistance. 
He writ other letters to sir William Throck- 
morton, who traitorously conspired with him, 
*nd had intelligence from time to time from 
him. .This is the charge in the Indictment 3 
To which he bath pleaded, Not Guilty. We 
will go. on in onr evidence : J shall, but mora 
generally, open our method, that we intend to 
take. For it may seem strange, and is not rea- 
sonably to he imagined, that a private gentle- 
man, as the prisoner at the bar is, should have 
such vast and great designs as this, to alter, 
religion, destroy the government, ay, and de- 
stroy the subjects too in a great measure. 
But it is not himself alone, but he employs 
himself for foreign assistance, great eonJedera- 
, cies and combinations with the subjects of that 
king, many of whom he did pervert. 

In the course of the Evidence I shall not 
open the particulars : (Mr. Attorney, I think, 
wall do thatjby and by) those that we have oc- 
casion to sneak of, and shall in proof mention 
CO you, will be these : La Chaise, the French 
king's present confessor, we have mentioned : 
before him there was one Father Ferryer, with 
whom be held correspondence. That Ferryer 
being removed by death, the prisoner had an 
employment here amongst us, by which he 
gave La Chaise instructions bow to proceed. 
This gentleman is the peat contriver and 
plotter* which gives him instructions how to 
proceed. He doth give him an account by 
way of narrative, how all tilings had stood 
una* former treaties and negotiations, how bu- 
sinesses were contrived, and how far they were 
gone; this he diligently and accurately gives an 
account of. This (my lord) doth discover and 
delineate, what hath been done before until 
1674. My lord, there was likewise sir Wm. 
Throckmorton and some others, that are Eng* 
lisbmen too, there are none of them but what 
were first Protestants ; but when they once re- 
nounced their religion, no wonder they should 
renounce their nation* and their prince too. 
He was gone beyond the seas, several letters 



past between them, and all to promote, and en- 

desien. 1 



courage, end aocomphob this design. My lord, 
there is likewise a consult of Jesuits used too, 
where, in .express words, they designed to mur- 
der the king* or cootrsred and advised upon it. 
Mj L^&m+**fmln*hnm(l open 



bug the beads of things) sent a» Windsor ts> 
murder the king ; this gentleman Mocked end • 
disbursed money about this basinets, and on*) 
Asbby a Jesuit here bad instructions mam Mm * 
to prosecute the design, and to treat with a • 
physician to poison the king. This the pri- 
soner approved of, and contributed to is* 
There were communions, as I take it, delivered 
from Ferryer, or by bis hand, that came from 
foreign powers. Sir Henry Titchooume waa 
another that received and delivered com* 
missions. Pompone the French gentleman, he 
maintains intelligence with him about this bin • 
siness, die titular archbishop of Dublin. 

There is Cardinal Norfolk, by him be had 
accession to the Pope. There was likewise) 
the Pope's Nuncio (I do not open the trene- 
actions of these instructions); these parti* 
cnlars will be made oat, not only by witness 
vtva voce* and not single only, but by letters of 
this Mr. Coleman's own writing. But I oner 
that to the consideration of the jury. 

Mr. Oates was the first man, that we hear 
of, that discovered this treason; he was the, 
single man that discovered so many active 
agents in so great a treason as this was, and it 
needed to be well seconded ; but he being 
found to be but single, the boldness and eos> 
rage of. these complotters in it grew great 
thereupon. We know what followed; the 
damnable murder of that gentleman, in exe- 
cution of his office, so hellishly contrived, and 
the endeavours that were used to hide it, every- 
body knows : how many stories were told to 
bide that abominable murder, how many lias 
there were about it, but it could not be sup* 
pressed. The nation is awakened out of sleepy 
and it concerns us now to look about us. But 
all this while Mr. Coleman thought himself 
safe, walked in the fields, goes shroud, jea- 
loesv increasing, and he himself stilt secure. 

The letters that are produced go but to some 
part of the year 1675 : from 1675 unto 167S 
all lies in the dark, we have no certain proof of 
it; but we apprehend he had intelligence until 
1678 ; that there were the same persons cos* 
tinuing here, and bis company increasing here: 
but this I speak but as probable, (hot very e» 
ceeding probable) that there was other pasv 
tares of intelligence between this person nod 
other confederates. 

It seems, my ford, that this Coleman waa 
aware that he was concerned : but God blinded 
and intonated him, and took away his reason. 
It is no question bat he carried away some of 
those papers ; those that were left behind, and 
are produced, he fosgot and ne gl e cte d; and 
by that (my lord) those which are produced, 
are evidence against him at this time. Surety 
he thought we were in such a condition, that 
had eyes and could not see, and ears that cos ed 
not hear, and understandings without undsr- 
standing : for he was bold, and walked abroad, 
and that until this prosecution was made upon 
him, he endeavoured so murder the king, 



change the government, make an al t er at ion of 
rehjpooi im f dm tr H C tion of Protestants, as Y*fH 



STATB TOALS, *» Charuu II. IrJTeWbr jU%n Trt**m. 



i will be 
they wet* **■ 
t them in the 
wilK doubt 



Jones.) Muy it 



as tks 

paean ey 

jenes by the date, tbnt 

date's uame. And by 

feet he m a greet traitor. 

itl0m.Oes. (8tr 
phase roar lovuahip, and you gentlemen of the 
jury, the king's serjcamt bathopened the ge- 
neral parte of enr evidence ; and we have 
renee to fc e ese a task our evidence will be eery 

S,aud will take ep much of yoor time; 
l atio nio 1 shall spend no mere time in 
oaeaing of it than it just necessary; And 
isdeau, my lord, Mr. Coleman himself bath 
jawed me orach of the labour, which otherwise 
I atoeieiMT* bestowed; for he hath left such 
elegant end copious narratives of the whole 
etuge under his own hand, that the reeding 
ef them will be better then any new one 1 con 



(10 



but, my lord, some short account I shall 
fite joe, such as may shew you the course of 
ear £ridence, nod will make our evidence, 
ante it coaeee to be given, to be more inteW 

%hie. 
My lord, It wiil appear, that there hath been 

far awny years last past a more than ordinary 
eVuga and industry to brio*, in the Popish, and 
emurpate the Protestant reKpon. I doubt not 
bet uns design, in some measure, hath been 
eo ntir t i eg ever suce the* reformation, t<y the 
J c j s s t s, or some of their emissaries, but hath 
•ten received interruption ; so that they have 
proceeded sometimes more coldly, sometimes 
nwre hotly : and I do think, at no time since 
lbs n&nnetion, that ever this design was car- 
ried en with greater industry, nor with fairer 
bopsa of success, then for these last years. 

sty lord. You will hear from oor witnesses, 
that the eist onset, which was to be made 
aeon as, was by whole troops of Jesuits and 
priests, who were sent hither from the semina- 
ries abroad, where they had been trained up in 
all the sanctity nnd skill that was fit to work 
anon the people. 

Ifylevd, yon will hear how active they have 
been, and what msmoations they used for the 
perverting of particular persons. After some 
lane spent in such attempts, they quickly grew 
weary of that course ; though they got some 
Proselytes, they were but few. Some bodies, 
in whom there was a predisposition of humours, 
ware isdectjpd, but their numbers were not 
great. They at last resolve to take a more 
espeditieun way ; for in troth, my lord, they 
ceuM not far prevail by the former. And I 

" ' with all »ny heart, that the bodies of Pro- 
tuny be 'as much out of danger of the 
. of their hands, as their understandings 
wiH be of the force of their arguments, But, 
are lord, arisen this way wonM not take, they 
began eisen to consider they must throw It aU 
at ewbe. No doubt but they would have been 
glad, thnt the people of England had had but 
one neck ; but they knew the people of England 
baa) hot owe head, and therefore they were rev 
sq^w) sterile at that. 



My lord, yen will find, that there 
moos of the principal Jesuits, of the meet able 
head-pieces, who were to meet m April or May 
last, to consult of very great things, of a molt 
diabolical nature, no less than how to take 
away the life of the king oar sovereign. 

My lord, you will find (as is usually practised 
hi such horrid conspiracies, to make aM secure, 
that there was an oath of secrecy taken, and 
that upon the Sacrament. You will find agree* 
menu made, that this most wicked and hor- 
rible design should be attempted. You wtt 
find two villains were found among them, who 
undertook to do this execrable work; and yon 
will hear of the rewards they were to have: 
money in case they did succeed, and masses 
good store in case they perished; so that their 
bodies were provided lor in case they survived, 
and their souls if they died. My lord, What 
was the reason they did not effect their design, 
hot either that these villains wanted oppor- 
tunity, or their hearts failed them when thev 
came to put in execution this wicked design ? 
Or, perhaps (which is most probable) it was 
the Providence of God, which over-ruled them, 
that this bloody design did not take its effect. 

But these gentlemen were not content with 
one essay, they quickly thought of another ; 
and there ware four Irish-men prepared (men 
of very mean fort ones, and desperate condV 
tions), and they were to make the attempt no 
longer since, than when the king was last at 
Windsor. 

My lord, I perceive by the Proofs, that these 
last assassinates went down thither ; but it 
came to pass (for some of the reasons afore* 
said) that that attempt failed likewise. 

My lord, These gentlemen, those wise 
heads, who had met here in consultation, did 
then, and long before, consider with themselves, 
that so mat a cause as this was not to be put 
upon the hazard of some few hands ; tney 
therefore proposed forces, aids, and assistances, 
both at home and abroad, to second this 
wicked design, if it had succeeded as to the 
person of the king ; and if that failed, then by 
their foreign and domestic aids and assistances, 
to begin and accomplish the whole work of 
subverting our government and religion. And 
here we must needs confess, as to the former 
part of tbw Plot, which we have mentioned, I 
mean the attempt upon the king's person, Mr. 
Coleman was not the contriver, nor to he the 
executioner; hut yet your lordship knows, m 
all treasons there is no accessary, hot ever} 
man is a princtpnl. And thus much we have) 
against him, even as to this part of the deuign, 
which will involve him in the whole eoih of it, 
that Mr. Coleman consented to it, though his 
band were not to do it Mr. Coleman encou- 
raged a mrssenger to carry money down as a 
reward of these murderers, that were at Wind- 
sot; of this we have ntoof amrinst him, which 
is sufficient. My lorn, Mr. Coleman, as a man 
of greater abilities, is i c scr v e d for gseater em* 
ployments, and such wherein, I confess, sil his 
wese httleeaough* There ware oego- 



U] STATE TRIALS, *0 Charu* U W$^~ Trial qf&kWrd CoU*an, [\p 

tiations lo be made with men abroad, money 
|» be procured, partly at borne from friend* 
here, and partly abroad from those that wished 
them well : and ia all these negotiations Mr. 
Coleman bad a mighty hand; and yon will 
perceire by and by what a great progress he 
made in them. This conspiracy went so far, 
as you will bear it proved, that there were ge- 
neral officers named and appointed, that should 
command their new Catholic army, and many 
were engaged, if not listed. Thee e were not 
Only in England, but in Ireland likewise, 
where arms and all other necessaries were pro- 
vided, and whither great sums of money were 
retained to serve upon occasion. But one 
.thing there is, my lord, that comes nearest Mr. 
Coleman : as there were military officers 
named, so likewise the great civil places and 
offices of the kingdom were to be disposed of; 
I will not name to whom at this time, more 
than what is pertinent to the present business. 
This gentleman, such were his great abilities, 
'the trust and reliance that his party had upon 
him, that no less an office would serve his turn 
than that of principal secretary of state ; and he 
had a commission, that came to him from the 
superiors of the Jesuits, to enable him to exe- 
cute that great office. My lord, it seems 
strange, that so great an office should be con- 
ferred by no greater a man than, the superior 
Of the Jesuit*. But if the pope can depose 
kings, and dispose of kiugdoros, no wonder if 
the superior of the Jesuits can by a power de- 
legated from him make secretaries. It is not 
certain what the date of this commission was, 
nor the very time when be received it : but I 
believe he was so earnest and forward in this 
Plot, that he began to execute his office lone 
before be had his commission for it ; for I find 
by his letters, which are of a more early date, 
that be had proceeded so far as to treat, with 
father Ferryer, who was the French king's con- 
fessor,, before he had actually received this 
commission* You will understand by the let- 
ters/ which we shall produce, what he bad to 
do with him, and what with the other con- 
fessor that succeeded, Father La Chaise. 
There were two small matters they treated of, 
no less than the dissolving the parliament ; and 
the extirpation of the Protestant religion. Nay, 
you will find, and you, will bear enough, when 
the letters come to be read, that Mr. Coleman 
made many strokes at the parliament, be bad 
no good opinion of them. And we cannot 
blame him; for without all perad venture they 
bad made, and I hope ever will make, strong 
resistance agaiust such designs as these. But 
« great mind he had to be rid of tbem ; and 
be bad hopes of great sums of money from 
abroad, if it had been to be done that way. 
And it is very remarkable (and shews the 
vanity of the man,) he had such an opinion of 
the success of these negotiations, that be had 
penned a declaration prepared by him, and 
writ with his own hand, to be published in 
print, upon tbe dissolution of the parliament, 
to justify that action with rospy specious and 



plausible reasons. As he did this without any - 
direction, so he take* upon bun tn write a de- 
claration, as in the name of thw king, without 
the least shadow of any command to do it, so 
he prepares a letter also in the name of the - 
duke : and I would not affirm, unless I could 
prove it, and that from his own confession, 
(being examined before the lords upon oath) 
that he had no manner of authority from the 
duke to prepare such a letter ; and when it 
was writteo and brought to the duke, it was) . 
rejected, *»d the writer justly blamed for hie •■ 
presumption. By this you will perceive the * 
forwardness of this man. Aud you must of 
necessity take notice, that in his letters he took* 
upon himself to manage afiairs, as authorised 
by the greatest persons in the kingdom, yet 
without the least shadow of proof that be was 
by them impowered to do it. 

My lord, you shall find, Mr. Coleman * 
thought himself above all; and each was bis 
own over-weening opinion of his wit and po- 
licy, that he thought himself the sole and su- 
preme director of all the affairs of the Catho- 
lics. You will likewise perceive that he held, 
intelligence with cardinal Norfolk,* with Fa- 
ther Sheldon, and the pope's internuncio at 
Brussels. And I cannot but observe out of 
the proofs, that as we shall find Mr. Coleman, 
very ambitious and forward in .all great affairs, 
so be had a little too much eye to the reward p 
he looked too much a-equint upon the matter 
of money: his great endeavours were not so* 
much out of conscience, or out of seal to hi* 
religion, as out of temporal interest ; to him 
gain was instead of godliness. And by me let- 
ters to the French confessor M. La Chaise, it ' 
will be proved, that he got much money from. 
the Catholics here, and some from abroad, but 
still be wanted money. What to do i (I do 
not mean the greater sum of 200,000/. to pron 
cure the dissolution of the parliament, but 
some SOyOOO/. only) to be expended by him 
in secret service, I do not know what ac-. 
count he would have given of it, if he had 
been intrusted with it. But that he earnestly 
thirsted after money, appeareth by most of ma 
letters. t 

My lord, you will observe, besides his in- 
telligences, that be bad with father La Chaise, 
and several others, one that deserves to bo 
named, and that is his negotiation with sir 
William Frogmorton, who was sent over into 
France, and there resided a long time to pro- 
mote these designs. He is dead; therefore 
I will not say much of him, as I would say 
against him, if lie was here to be tried. But, 
my lord, I find in bis letters such treasonable^ 
such impious expressions against the king, sucn 
undtttiful characters of him, that no good sub- 
ject would write, and no good subject would 
receive and conceal, as Mr. Coleman hath 
done. My lord, it may pass for a wonder, 
how we came to be masters of aU these pa- 
pers ; it has in part been (old you already. 

There was an information given of the ge- 
neral design^nay of some of the particular* 



tt) tfTATE TRIALS SO Charles 

against the bag's life. And without al) petad- 
veatare, Mr. Coleman knew of this di sc o ve ry; 
aed lie kaaw that he had papers that could 
speak too attach, and he had time and oppor* 
teaky enough to nave made them away; and I 
make no question bat he did make many 
•way. We are not able' to prove the conti- 
naanoe of hie correspondence, so as to mate it 
dearly out ; hot we suppose that continued 
eetift urn day he was seised. And there is 
this to be proved, that letters came for Mm, 
ibongh we cannot say any were deHVefed to 
aha, after lie was in prison. Bat without all 
a e r a dtentare the man had too much to do, too 
©any papers to conceal : then, you'll say, he 
might have bornt them all (for many would 
tarn as well as a few :) But then he had lost 
aiucfa of the honour of a great statesman ; 
many a line sentence, and many n deep in- 
trigue bad been lost to alt posterity. I believe 
that weowe~this discovery tosomethint of Mr. 
Coalman's vanity : he would not lose the (dory 
of managing these important negotiations about 
to great a design : Hf thought it was no small 
fcpatatioo to be intrusted with the secrets of 
foreign ministers. If this was not his reason, 
God (I believe) took away from him that clear- 
aess of jodgtnent, and strength of memory, 
which he had upon other occasions. * 

My lord, I shall no longer detain yon from 
reading the papers themselves. But I cannot 
hot account tins kingdom happy, that these 
p apsis are preserved. For (my lord) we are to 
deal with a sort of men, that have that prodi- 
gians confidence, that their words and deeds 
(though proved by never so unsuspected testi- 
mony) they will still deny. Bat (my lord) no 
denial of this plot will prevail, for Mr. Cole- 
man himself bath, with his own band, recorded 
ths conspiracy: nad ve can prove bis hand, 
noc oafy by Ins own servants, and relations, but 
by Ins own confession. So that (my Lord) I 
dnabt not, that if there be any of their own 
nasty that hear this trial, they themselves will 
be satisfied with the truth of these things. And 
I believe we have an advantage in this case, 
witch they will not allow us, in another 
saatner ; namely, that we shall be for this once 
permitted to believe our own senses. Our 
Evidence coosssfeth of two parts : one is, wit* 
i ftfoi, which we desire (with the fa- 
ce* the oeurt) to begin with ; and' when 
s 4kme, we shall read several letters or 
negotiations, in writing, and so -submit the 
to josjt lornShip^a direction. 




Aa>. I bag leave that a poor ignorant man, • 

o heavily charged. Atk it seems a 1 ittte 

to consider the reason, why a prisoner, 

s case as this is, is not allowed counsel ; 

yomr lordship is supposed to be counsel for 

Butt 1 think it very hand I cannot be 

naV counsel; and I humbly hope your 

krdabrp will not sotier ma to he lost by things 
that myself cannot answer. I deny the con- 
but the nrsaa fl tes are too strong and 



It. \61B —for High Treason. [H 

Sir WiU&m -Scrogg* LsC. J. i* on cannot 
the premises, but that yon have done 
these things: but you deny the conclusion, 
that you are a traitor 4 

Prit. I can safety and honestly. ' ' * 

L. C. J. You would make a better Secre- 
tary of State, than a logician ; for they neter 
deny the conclusion. 

JVit. I grant it year Lordship : yob *See 
the advantage great men have of me, that do 
not pretend to Logic. 

£. C. J. The labour lies upon their 
hands ; the proof belongs to them to make our 
these intrigues of yours ; therefore von need! 
not have counsel, because the proof must be 
plain upon you,f and then it wnl be in vain to 
deny the conclusion. 

Pro. I hope, my lord, if there be any point 
of law tbttt I am not skilled in, that your lord- 
ship will be pleased not to take the advantage 
over me. Another thing seems most dreadful, 
tba\ is, the violent prejudice that seems to be 
against every man in England, that is confessed 
to be a Jtanan Catholic. It is possible that a 
Roman Catholic may be very innocent of these 
crimes. If one 6f those innocent Roman Ca* 
tbolics should come to this bar, he lies under 
such disadvantages already, and hb nrejodices 
so greatly bfasseth human nature, tnat unless 
your' lordship will lean extremely much on the 
other side, justice will hardly stand upright; 
and lie upon a level. But to satisfy your lord- 
ship, I do not think it any service to destroy 
any of the king's subjects, unless it be in a very 
plain case. 

L. C. J. You need not make any prepara- 
tions for us in this matter, you shall have a fair,' 
just, and legal trial : if condemned, it will be 
apparent you ought to be so ; and without a 
fair proof, there shall be no condemnation. 
Therefore you shall find, we will not do to you, 
as you do to us; blow up at adventure, kill peo- - 
pie because they are not of your persuasion ; 
our religion teacheth us another doctrine, and 
you shall find it clearly to your advantage. We 
seek no man's blood but our own safety. Put 
you are brought here from the necessity of 
things, which yourselves have made ; and from 
your own actions you shall be condemned or 
acouitted. 

Frit. It is supposed upon Evidence, that' 
the Examinations that have been of me in piv* 
son, are like to be evidence against me how j I 
have nothing to say against it : but give me 
leave to say at this time, that when! was in 

prison, I was upon my ingenuity charged ; I 

----- — * 

* See the character of this Chief -Justice as 
drawn by Burnet, ante vol. 6, p. 1495. And 
what opinion the House of Commons had of 
him by their votes Dec. 25, 1680. See Cob- 
hetr/s Pari. Hist. vol. 4. And see more of him 
in a note to the trial of Mrs. Cellier for High 
Treason, Jpne 81, 1680, infra. 

t See the Note to Don Pauraleon Se'sCase, 
ante, vol. 4, p. 466, and that fee Twyn's Cese^ 
eat*, vol. 6, p. frlS. 



f 



1J] STATE TRIALS* 30 Cju»l»s II. l6?«.-~4Ko! qf Edward Caiman, [16 



premised I would confess all I knew. And I 
only say tbis, That what t said in prison is true, 
and am ready at any time to swear and evi- 
dence, that that is all thejrutb. 

L. C.J. It is all true thai you say ; but did 
you tell all that was true? 
- Pri$* I know no more, than what I declared 
. to the two Houses. 

£. C. J. Mr. Coleman, t will tell you when 
you will be apt to gain credit in this matter : 
you say, that too told all things that you knew, 
the truth, and the whole truth. Can mankind 
he persuaded* that you, that bad tbis negotiation 
in 167* and 1675, left off just then, at that 
time whea tout letters were found according to 
their dates r do you believe, there was no ne- 
gociation after 1675, because we have not found 
them? have you spoke one word to that } have 
yea confessed, or produced those papers and 
weekly imellisjrace r when you answer that, you 
may have credit ; without that, it is impossible : 
for I cannot £ive credit to one word you sap 
unless you give an account of the subsequent 
qesjpcaation. 

Prix. After that time (as I said to the House 
of Commons) 1 did give over corresponding. 
t did offer to take aH oaths and torts in the 
world, that I never bad one letter for at least f 
two years ; yea, (that I may keep myself within 
compass) I tbiak it was for three or tour. Now 
I have acknowledged to the House of Com- 
mons, I have bad a cursory correspondence, 
which 1 never regarded or valued ; but as the 
letters. came, I burnt them, or made use of them 
as common paper. I say, that for the general 
correspondence I have had for two or three 
years, they have bad every one of them letters 
that I know of. 

Alt. 0<n. Whether you bad or no, you shall 
have the fairest trial that can be. And we 
cannot blame the gentleman, for he is more 
used to greater affairs, than these matters or 
form* of law. Bui my lord, I desire to go 
unto evidence, and when that is done, he shall 
be heard, as long as he pleasetb, without any 
interruption. It he desire it, before I give my 
evidence, let him have Pea, Xok, and Paper 
with your lordship's leave. 

JL. Q. /. Help him to pen, ink, and paper* 

Hccord. Then we desire tojp on in our evi- 
dence. Wr desire tbat Mr. Qates may not be 
interrupted* 

. Court. He shall not be interrupted. 
. Ati. Qtm* The Jfirst thing we will inquire, 
what account he can give of the prisoner at tbe 
bar, whether he was any way privy to the mur- 
der of the king f 

JL C- /• Afr. Qetes, we leave it to yourself 
to take your own way, and your own method : 
only this we say, here's a gentleman stands ait 
the bar, fur his/tie ; and on the other side, Abe 
king is concerned for his life :. you are to speak 
the truth mid the whoje truth; for there as no 
reason in the world thajt you should add any 
oae thing that is false* I would not have a lit- 
tle added for tffcy advantage, or consequences 
that may fall, when a man'i Inood and life Ucth 



at stake: let him be condemned by troth 5 yoer 
have taken an oath, and you being a minister 
know the great ragaad you ought to have of the 
sacrednessot an oath ; and tbat to take a man's* 
life away by a false oath is murder, I need 00c 
teach you that. But that Mr. Coleman may 
be satisfied in the trial, and all •eople else hi 
satisfied, there is nothing required or expected, 
bat downright plain truth, and without any arte 
either to conceal, or expatiate, to make thtnge 
larger tha»i in truth they are : he must be con- 
demned by plain evidence of /act. 

OaU$. My Lord, Mr. Coleman, in the month 
of November last, did eatertaio in his own 
houte John Keins, which John Keins was a. 
Father-Confessor to certain persons that were 
converted, asaoneat which I was one. My 
Lord, I went and visited this John Keins at 
Mr. Coleman's bouse then in 6table-yard. Mr. 
Coleman inquiring of John Keius who I was ? He' 
said I was one that designed to go over upon 
b u s in es s to St. Omen. My Lord, Mr. Coleman* 
told me then he should trouble me with a letter 
or two to St. Omers, bu| he told me he would 
leave them with one Fenwick, that was procu- 
rator for the society of Jesuits in London. I 
went en Monday morning and took coach, went 
to Dover, and bad his packet with me, which 
packet when I came to St. Omers I opened. 
The outside sheet of ibis paper was a letter of 
news which was called Mr. Coleman's letter, 
and at tbe bottom of this letter there was this 
recommendation, Pray recommend me to my 
kinsman Plavford. In this letter of news there 
were expressions of the king, calling him tyrant, 
and that the marriage between the prince .of 
Orange and the lady Mary tlie duke of York's 
eldest daughter would prove the traitor's and 
tyrant's ruin. 

JL C. J. In what language was it written ? 

Oate$. In plain English words at length. 

L. C. J. Pirected to whom ? 

QalCf. It was directed fc> the Rector of St. • 
Omers, to give him intelligence how affairs went 
in England. 

L. C. J. Did yon break it open ? > 

Oate*. I was at the opening of it, and saw k, 
and read it. There was a letter to Father La 
Chaise, which was superscribed by the same 
hand that the treasonable letter of news was 
written, and the same hand that the recmnnseaoV 
ation. to Playrord was wr ittcu . in. When this 
letter was open there was .a seal fiat, a iying 
seal, and no man's name to it. 

JL C. J. What was the contents of that let- 
ter to La Chaise? 

Gate. My Lord, to.give,you an account, of 
the import of this letter, k was autt in Latin, 
aad in Jt there were shanks given to Father La> 
Chaise for the 10,000/ which was jpven for the 
propagation of the Catholic Religion, and that 
it should he employed for no other intent And 
purpose hex that for whichrt jvas sent, now that 
was to cut off tbe king of .England ; those worda 
were not in that letter;- bet. La Chaise letter, 
to which tbis was tbe answer, I snw mii'd read. 
It was dated the month of August, and as near 



STATE TRIALS, 30 Charles II. \#7$—fbr High Treason. 



17] 

a* I remember there was this instruction in it, 
That the 10,000/. should be employed far no 
other latent and purpose bat to cot off the king 
of England ; I do not swear the words, but that 
is the sense and substance; I believe I may 
swear the words. 

X. C. J. To whom was that directed ? 

Oofcs. To one Strange, that was then pro- 
vincial of the society in London, which Mr. 
Coleman answered. 

L. C J. How came Mr. Coleman to an- 
swer it ? 

Oates. Strange having run a reed into his 
finger, bad wounded his hand, and secretary 
Mico was ill, so he got Mr. Coleman to write 
an answer unto it. 

L. C. J. Did be write it as from himself? 

Gates. Yes, by order of the provincial. 

L. C. J. What was the substance ef that 
answer ? 

Oates. That thanks was giren to him in the 
name of the whole society for the 10,000/. 
which was paid aod received here, and that 
it should be employed to the intent for which 
it was received. It was superscribed from 
Mr. Coleman. 

L. C. J. Was it subscribed Coleman ? 

Gate*. It was not subscribed ; I did not 
see him write it, but I really believe it was by. 
the tame hand. I went and delivered this 



[id 



I* C.J. 1 understood you because of the 
accident of his hand he had employed Mr. 
Coleman to write this for him. 

Oates. lie did write this letter then, the 
body of the letter was written by Mr. Coleman. 
I ail not see him write it, but I shall gi ve'an 
account how I can prove be wrote it. I deli- 
vered this Letter to La Chaise his own band. 
When I opened the letter he asked me how 
a gentleman (naming a French name) did 
no. 

L. C. J. When you carried this letter, 
Too carried it to La Chaise and delivered it to 
aim : then he asked you of the gentleman 
ef the French name, whom meant he by t liat 



Oates. I understood it to be Mr. Cole- 
man. 

L. C. J. Did he know him by some French 
name ? What said you ? 

Dales. I could say little to this. 

L* C. /. Could you guess whom he 
meant? 

Oates. He told me he was sometime secre- 
tary to the dutchess pf York, which I under- 
stood to be Mr. Coleman. m I stuck at it, and 
when he said he was sometime secretary to 
the dutchess of York, I spoke in Latin to him, 
and asked whether he meant Mr. Coleman, and 
his answer T cannot remember. He sends an 
answer to this letter. I brought it to St. Omers 
and there it was inclosed in the letter from the 
society to Coleman ; wherein the society 
expressly told him this letter was. delivered 
tad acknowledged. 1 saw the. letter at St. 
Oners, and §** letter was sent to him. 

tol. yiL 



Mr. Coleman did acknowledge the receipt of 
this letter from La Chaise in the same hand 
with that of the newsletter, and so it was un- 
derstood by all. I saw it. 

L. C. J. How came you to see it ? 

Oates. I by a patent from them was of 
the consult. 

L. C. J. You saw the letter of the same 
hand which the news letter was of with Mr. 
Coleman's name subscribed ? 

Oates. The contents of the letter did own 
the letter from La Chaise was received ; this' 
letter whs presumed to be the hand-writing of 
Mr. Coleman, aod it was understood to be Mr. % 
Coleman's letter. 

L. C. J. You say the letter was thanks for 
the 10,000/. what was the other contents ? 

Oates. That all endeavours should he used 1 
to cut off- the Protestant Religion root aud 
branch. 

L. C. J. You say you delivered this letter, 
from whom had you it ? 

Oates. From Fen wick, it was left m hi* 
hand, and he accompanied me from Groves to 
the coach, and gave it to me. 

L. C. J. Did you bear him speak to Mr. 
Coleman to write for him? 

Oates. Strange told me he bad spoke to 
him. 

L. C. J. He doth suppose it was Mr. Cole- 
man's hand because it was just the same hand 
that the news letter was. Are you sure the 
letter was of his hand ? 

Gates. It was taken for his hand. 

Justice Wild. Had he such a kinsman 
there? 

Oates. Yes, he hath confessed it. 

Att. Gen. We desire your lordship he may 
give an account of the consult here in May 
last, and how far Mr. Coleman was privy to 
the murdering of the king. 

Oates. In the month of April old style 
in the month of May new stile, there was ' 
a consult held, it was begun at the White- 
Horse Tavern, it did not continue there. Al- 
ter that there they liad consulted to send one 
Father Cary to be agent and procurator to 
Rome, they did adjourn themselves to several 
clubs in companies ; some met at Wild-House, 
and some at Harcourt's lodging in Duke-street 
some met at Ireland's lodging in Russel-street ; 
and some in Feu wick's lodging in Drury-Lane. 
They were ordered to meei by virtue of a brief 
from Rome, sent by the Father general of the 
society : They went on to these resolves, that 
Pickering and Groves should go on and con- 
tinue in attempting to assassinate the king's 
person by shooting, or other means. Groves 
was to have 1,500/. Pickering being a religi- 
ous man was to have 30,000 Masses, which at 
1 %d. a mass amounted much w hat to that money.. 
This resolve of the Jesuits was communicated 
to Mr. Coleman in my hearing at Wild-House. 
My Lord, this was not only so, hut in several 
letrers he did mention it ; and in one letter (I 
think I was gone a few miles out of London) 
he sent to me by a messenger, and did desire 
C 



I»J 



STATE TRIALS, 30Cj*ar*es II. 1678 — Triat qf Edward Coleman, [«* 



the duke might be trepanned into this Plot to 
murder the king. 

L. C. J. IIow did he desire it ? 
Oatet. In a letter, that all means should be 
ased for the drawing in the duke. This letter 
was written to one Ireland. I saw the Letter 
and read it. 

L. C. J. How do you know k was his 
letter ? 

Oatet. Because of the instructions, which 
I saw Mr. Coleman take a copy of and write, 
which was the same hand with the news Utter, 
and what else I have mentioned, the subscription 
was, ' Recommend me to Father La Chaise ?' 
and it was the same hand whereof I now 
speak. 

L. C. J. What was the substance of the 
Letter ? 

Oatet. Nothing but compliment, and re- 
commendation, and that all means might be 
used for the trepanning the duke of York (as 
near as I can remember thnt was the word). 

Just. Wild. You did say positively that Mr. 
Coleman did consent and agree to what was 
consulted by the Jesuits, which was to kill the 
king, and Jrickeung and Groves were the two 
persons designed to do it. Did you hear him 
consent to it? 

Oates. I heard him say at 'Wild-House, he 
thought it was well contrived. 
, Recorder. Do the gentlemen of the jury 
henr what he saith ? 

L. C. J. Gentlemen of the j ury , do you hear 
what he saith ? 
Jury* Yes. 

Alt. Gen. What do yon know of any re- 
WUioji to have been raised in Ireland ? and 
what was to be done with the duke of Or- 
mond? 

„ Oates. In the month of August tliere was 
a consult with the Jesuits, and with the Bene- 
dictine monks at the Savoy. In this month of 
August there was a letter writ from archbishop 
Talbot, the titular archbishop of Dublin ; 
wherein he gave au account of a legate from 
the pope, an Italian bishop, (the bishop of Cas- 
tay I think) who asserted the pope's right to the 
kingdom of Ireland. In this letter (to men- 
tion in special) there were four Jesuits bad con- 
trived to dispatch the duke of Ormond, these 
were his words, * To 6nd the most expedient 
way for his death/ and Fogarthy was to he sent 
to do it by poison, if these four good Fathers 
did not hit of their design. Myl^rd, Fogarthy 
was preseut. And when the consult was 
almost at a period, Mr. Coleman came to the 
Savoy to the consult, and was mighty forward 
to have Father Fogarthy sent to Ireland to dis- 
patch the Duke by poison. This letter did 
specify they were there ready to rise in rebel- 
lion against the king for the pope. 
Alt. Gen, Do you know any thing of arms ? 
Oates. There were 40,000 black bills, I am 
not so skilful in arms to know what they meant 
(military men know what they are) that were 
provided to be sent into Ireland ; but they 
ware ready, for the use of the catholic party. 



L. C. J. Who were tbey provided by ? 
Oates. I do not know, 
L. C. J. IIow do you know they were pre* 
vided ? 

Oatet. That letter doth not mention who 
they were provided by, but another letter men- 
tioned they were provided by those that were 
commission officers for the aid and help of the 
pope ; the popish commissioners tbey were pro* 
vided by, and they had them ready in Ire* 
laud. 

L. C. J. Who wrote this letter ? 
Oatet. It came from Talbot, I might forget 
the day of the month because my information 
is so large, but it was the former part of the 
year, I think either January or February, 1667-8* 
last January or February. 

L. C. J. Was this consult but in August 
last ? . 

Oatet. I am forced to run back from that 
consult to this ; Mr. Coleman was privy, and 
was the main agent, and did in the month of 
August last past say to Fenwick, he hadfooud a 
way to transmit the 200,000/. for the carrying 
on of this rebellion in Ireland. 
L. C.J. Did you bear him say so t 
Oatet. I did, a week before. 
L. C. J. You say be was very forward to 
send Fogarthy into Ireland to kill the duke of 
Ormond ? 

Oatet. Yes, that I say ; and that he bad 
found a way to transmit 200,000/. to carry on 
the rebellion in Ireland. 

Court. Who was by besides Fenwick I 
Oatet. Myself and nobody else. 
Court. Where was it said? 
OaUs. In Fenwick's chamber in Dairy- 
lane. 

AU. Gen. Do you know any thing of trans- 
mitting the money to Windsor, or persuading 
any to be sent thither, and the time when ? 

Oatet. In the month of August there were* 
four ruffians procured by Dr. Fogarthy. These 
four were not nominated in the consult with 
the Benedictine Convent, but, my Lord, these 
four ruffians without names were accepted of by 
them. 
Court. Who proposed them ? 
Oatet. Fogarthy. These four Irishmen were 
sent that night Jo Windsor. How they went I 
know not, but the next day tliere was a pro- 
vision of 80/. ordered to them by the rector of 
London, which is a Jesuit, one William Har- 
court, in the name of the provincial, because 
he acted in his name and authority, the pro* 
vincial being then beyond the seas, visiting hie 
colleges in Flanders. 

L. C. J. Did he order the 80/. 
Oates. Mr. Coleman came to this Har* 
court's house, then lying in Duke street, and 
Harcourt was not within ; but he was directed 
to come to Wild-bouse, and at Wild-house he 
found Harcourt. 
L. C. J. How do you know that ? 
Oates. He said be had been at his house* 
and was not within ; finding bun at Wild-bouse, 
be asked what care was take* for those tour 



*l] 



STATS TRIALS, 30 Chaklbs II. 1078.— ^br HigA TWa*m. 



Sntlemen that went lost night to Windsor ? 
e said there was BO/, ordered. 

JL C. J. Who said so ? 

Oales. Harcourt. And there was the mes- 
senger that was to carry it J think the most 
part of this 80/. was in guineas : Mi*. Coleman 
gave the messenger a guinea to be nimble, and 
to expedite hisjourney. 

L. C. J. How know you they were guineas ? 

Octet. I saw die money upon the table be- 
fore Harcourt, not in his hand. 

I*. C. J. Were the four Irishmen there ? 

Oates. No, they were gone before I came. 

L. C. J. Who was to carry it after them, 
what was his name f 

Onto. I never saw him befoie or since. 
The money was upon the table when Mr. 
Coleman came in, he gave the messenger a 
guinea to expedite the business. 

Recorder. You say Mr. Coleman enquired 
.what care was taken for those ruffians that 
were to assassinate the king ; pray, Mr. Oates, 
tell my Lord, and the jury, what you can say 
concerning Mr. Coteman*s discourse with one 
Ashby. 

Oates. In the month of July, one Ash by, 
who was sometime Hector of St. Omers, being 
31 of the govt was ordered to go to the bath ; 
this Ash by being in London, Mr. Coleman 
came to attend him ; this Ash by brought with 
him treasonable instructions, in order to dis- 
patch the king by poison, provided Pickering 
and Groves did not do the work: 10,000/. 
should he proposed to sir George Wakeman to 
poison the king, in case pistol and stab did not 
take effect, and opportunity was to be taken 
at the king's taking physic. T could give other, 
evidence, bnt will not, because of other things 
which are not fit to be known yet. 

L. C. J. Who wrote this letter ? 

Oates, ft was under hand of White the pro- 
vincial beyond the seas, whom Ashby left ; it 
was m the name of memorials to impower 
Ashby and the rest of the consumers at London 
to propound 10,000/. to sir George Wakeman 
to take the opportunity to poison the king. 
These instructions were seen and read by Mr. 
Coleman, by him copied out, and transmitted 
to several conspirators of the king's death, in 
this kingdom of England, that were privy to 
dm plot. 

Recorder. Know vou of any commission? 
We hare hitherto spoken altogether of the work 
of others ; now we come to his own work a lit- 
tle nearer. 

L.C. J. Who saw Mr. Coleman read these 
Instructions? What said he? 

Oates. He said he thought it was too little, I 

sard him say so. 

JL C J. Did yoo see him take a copy of 

e»e instructions f 

Oates. Yes, and he said he did believe sir 
George Wakeman wonld scarce take it, and 
thought it necessary the other 5,000/. should 
be added to it, that they might be sure to have 

L.C.J. Where was it he said this ? 

i 



Oates. It was in the provincial's chamber, 
which Ashby had taken for his convenience at 
London, ontil he went down tp the hath ; it 
was at Wild- house, at Mr. Sanderson's house. 

L. C J. Ashby waseinpl >yed by his instruc- 
tions to acquaint the consult of the Jesuits, that 
there should be 10,000/. advanced, if Dr. 
Wakeman would poison the king, now Ashby 
comes and acquaints him with it. Why should 
Coleman take copies ? 

Oates. Because he was to send copies to 
several conspirators in the kingdom of England. 

L. C. J. To what purpose should Mr. Cole- 
man take a copy of U>ese instructions ? 

Oates. *The reason is plain ; they were then 
a gathering a contribution about the kingdom, 
and these instructions were sent that they might 
he encouraged, because they saw there was en- 
couragement from beyond seas to assist them. 
And another reason was, because now they 
were assured ^>y this, their business would 
quickly he dispatched, and by this means soma 
thousands of pounds were gathered in the king- 
dom of England. 

L. C. J. To whom was Mr. Coleman to send 
them? 

Oates. I know not of any persons, but Mr. 
Coleman did say he had sent his suffrages 
(which was a canting word for instructions) to 
the principal gentry of the catholics of the 
kingdom of England. 

JL. C. J. How know you this, that Mr. Cola- 
man did take a copy of these instructions for 
that purpose, as you say? 

Oates. Because he said so. 

L. C. J. Did any body ask him why he took 
them? 

Oates. Saith A$hby, You bad best make haste 
and communicate these things. Mr. Coleman 
answered, I will make haste with my copies, 
that I may dispatch them away this night. 

Recorder. Was he not to he one of the prin* 
cipal secretaries of state ? 

Oates. In the month of May last New'Stile, 
April Old Stile, I think within a day after our 
consult, I was at Mr. Langhorn's chamber, be 
had several commissions, which he called pa- 
tents : Among his commissions, I saw one from 
the general of the society of Jesus Joannes 
Paulus D'Oliva, by virtue of a brief from the 
pope, by whom he was enabled. 

L. €. J, Did you know his hand ? 

Oates. I believe I have seen it forty times, I 
have seen forty tilings under his hand, and this 
agreed with them, hut I never did see him write 
in my life ; we all took it to be his hand and 
we ail knew the hand and seal. 

L. C. J. What inscription was upon the 
seal ? 

Oates. I.H.S. with a cross, in English it 
had the characters of I. H. S. This com- 
mission to Mr. Coleman in the month of July, 
I saw in Fen wick's presence, and at his cham- 
ber in Drury-lane, where then Mr. Coleman 
did acknowledge the receipt of this patent, 
opened it, and said; It was a very good ax- 
change. 



33] STATE TRIALS, 30 Chaules II. lG7B^ r frial qfEdvard Coleman, [24 



X. C* J. What was the ooinmission for ? 

Oates. It war to be secretary of state. I 
saw the commission, and heard him own the 
receipt of it. 

Justice Wild. What other commissions were 
there at Mr. Langhorn's chamber ? 

Oates. A great many, I cannot remember, 
there wns a commission for my lord Arundel of 
Warder, the lord Powis, and several other per- 
sons. But this belongs not to the prisoner 
at the bar : I mention bis commission. 

X. C J. Were you acquainted with Mr. 
Langhorn? 

Oalet. Yes, I will tell yonr lordship how I 
was acquainted. I was in Spain, he had there 
two sons; to shew them special favour and 
kindness (being mere straugers at the College) I 
did use to transmit some letters for them to the 
kingdom of England in my pnequet. When 1 
came out of Spain, I did receive recommenda- 
tions from them to their father, and in great 
^civility he received me. This was in Novem- 
ber that I came to his house. He lived in Shear- 
Jane, or thereabouts. I understood that his 
wife was a zealous protectant; therefore he de- 
tired me not to come any more to his bouse, 
hut for the futuie to come to his chamber in 
the Temple. 

X. C. J. Had you ever seen Mr. Langhorn in 
London before ? 

Oates. I never saw him till Nov. 1677 to my 
knowledge. I was several times in bis com- 
pany at his chamber, and be brought me there to 
shew me some kindness upon the account of 
his sons. It was at the Temple) for his wife 
being a protestant, was not willing any Jesuits 
should come to the house. I was to carry him 
a summary of all the results and particulars of 
the consult at the White-horse and Wild-bouse. 
The provincial ordered me to do it, he know- 
ing me, being in that affair often employed. 

a X/ C. J. Was it the second time you saw 
him, that you saw the commissions ? 

Gates. I saw him several times in the month 
of November. 

X. C. J. When did you see the commissions? 

Oates. In the month of April, Old Stile ; 
May, New Stile. 

X. C. J. How came he to shew you the 
commissions? 

Oates. I I tearing of their being come, had a 
curiosity to see them, and be knew me to be 
privy to the concerns. 

X. C. J. How did you know he had the 
commissions?— Oates. By letters. 

X. C. /. From whom ? 

Oates. From those of the society at Rome, 
wherein one Harcourt, one of the fathers, was 
certified, that the commissions were come to 
Langhorn, and were in his hand ; I saw the 
letters at St Oners, before they came to Har- 
court, we read the letters there before they 
came to England. I had power to open them. 

X. C. J. Did you open the letters ? 

Oates. Yes. 

L.C.J, When saw yoo the letters at St. 
Omen? 



Oates. I saw the letters at St. Omers in the 
month of January ; then they came from Rome, 
and after I received summons to be at this con- 
sult in the mouth of April; and accordingly we? 
came over. 

X. C. J. What time did you come over ? 

Oatei. In the month of April. 

X. C. J. What time went you to Langhorn's 
chamber? I cannot reconcile the months toge- 
ther. 

Jutt. Dolben. Did you not say you came to 
Langhorn in November ? 

Oates. Yes, before I went to St. Omers. 

Just. Wild. How many came over with you? 

Oates. I cannot tell how many came over 
together; there wete nine of us, all Jesuits. 

X. C. J. Did not you say you went to Lang- 
horn in November? 

Oates. That was before I went to St. Omers. 

Att. Gen. Tell bow many priests or Jesuits 
were lately in England, that you know af x at 
one time ? 

Oates. There was, and have been to my 
knowledge in the kingdom of England, secular 
priests eightscore, and Jesuits fourscore, and by 
name in the catalogue, I think 300 and odd. 

X. C. J, How long had you been in Eng- 
land before you were at Mr. Langhorn's cham- 
ber? 

Oates. Not long ; because I had letters in 
my packet from his sons, as soon as 1 had rested 
a little, I went to him. 

L. C. J. What said Mr. Langhorn to you 
about the commissions in bis chamber ? 

Oates. Not a word; but seemed glad. 

X. C J. Did you see them open upon his 
table? or did yoo ask to see them? 

Oates. They did not lie open upon the ta- 
ble, but the commissions were before him ; I 
asked to see them. Mr. Langhorn (said 1) I 
hear you have received the commissions from 
Home ; he said, he bad. Shall I have the ho- 
nour to see some of them ? He said I might : 
he thought he might trust me; and so he might, 
because that very day I gave him an account 
of the consult. 

X. C. J. When was it you gave him an ac- 
count of the consult? 

Oates. In the morning. 

X. C. J. You say you were twice there that 
day. — Oates. I was there the whole forenoon. 

X. C. J. That day you saw the commissions? 

Oates. I had been there several times the 
same day, and meeting him at last, be asked 
me how often I was there before, I said twice 
or thrice; but that day was the last time I ever 
saw him ; I bave not seen him since, to my 
knowledge. 

X. C. J. Was that the first time that you 
saw him after you came from Spain? 

Oates. I saw bim thrice in November, then 
I went to St. Omers, the first time I saw him 
after I came from thence, I saw the commis- 
sions. 

Att. Gen. What were the names of ihose 
men that came over from St. Omers besides 
yourself? 



w\ 



STATE TRIALS, 50 Cham.es II. 1678.— /or High Treason. 



[26 



Ofcto. Am near as I can remember, the rec- 
tor of Liege was one; Father Warren ; sirTho- 
nnPwsum ; the rector of Walton ; one Fran- 
cs Williams; air John Warner, bart.; one Fa- 
ther Charges ; one Pool, a monk ; I think I 
made the ninth. 

Alt. Gea. If the prisoner at tbe bar be 
aiadsd, be may ask him any question. 

Pris. I am mighty glad to see that gentle- 
wan sir Thomas Dolman in the Court, for I 
think he was upon my Examination before tbe 
council, and this man that gives now in evidence 
against me, there told the king, he never saw 
me before ; and he is extremely well acquainted 
»iih me now, and hath a world of intimacy. 
Mr. Oates at that time gave such an account of 
ray concern in this matter, that I had orders to 
go to Newgate, I never saw Mr. Oates since I 
was born, but at that time. 

L- C. J. You shall have as fair a search and 
examination in this matter for your life as can 
be, therefore, Mr. Oates, answer to what Mr. 
Coleman saith. 

Oaf ex. My lord, when Mr. Coleman was 
upon bis examination before the council board, 
he saith, I said there that I never saw him be- 
fore in my life, I then said I would not swear 
mat I had seen him before in my life, because 
my sight was bad by candle-light, and candle- 
light alters the sight much, but when 1 heard 
bun speak I could have sworn it was he, but 
it was not then my business. I cannot see a 
great way bycaodle- light. 

L. C. J. The stress of the objection lieth not 
opon seeing so mud), but how come you that 
yon laid no more to Mr. Coleman's charge at 
that time? 

Oates, I did design to lay no more to his 
charge then, than was matter for information. 
Por prisoners may supplant evidence when they 
know it, and bring persons to such circum- 
stances, as time and place. My lord, I was 
not bound to give in more than a general infor- 
mation against Mr. Coleman ; Mr. Coleman 
aid deny he had correspondence with Father 
La Chaise at any time, I did then say he had 
given him an account of several transactions. 
And (my Lord) then was I so weak, being up 
two nights, and having been taking prisoners, 
opon my salvation, I could scarce stand upon 
jny legs." 

L. C. J. What was the information you gave at 
that time to the council against Mr. Coleman? 
Oates. The information I gave at that time 
(as near as I can remember, but I would not 
trust to my memory) was for writing of news- 
letters, in which I did then excuse tbe treasona- 
ble reflections, and called them 1 base reflections 
at the Coondf-Board ; the king was sensible, 
aud so was tbe council. I was so wearied and 
tired (being all that afternoon before tbe coun- 
cil, and Sunday night, and sitting up nigbt after 
night) that the king was willing to discharge me. 
But if I had been urged J should have made a 
larger information. 

Z. C. J. The thing you accused him of was 
ton own letter, 



Pris. 'He doth not believe it was ray letter. 

L. C. J. Von here charge Mr. Coleman to 
be the man that gave a guinea to expedite the 
business at Windsor, 6cc. At the time when 
you were examined at the council- table, you 
gave a particular account of attempting to take 
away the kind's life at Windsor, and raising 
80,000/. and ail those great transactions; why 
did you not charge Mr. Coleman to be the man 
that gave the guinea to tbe messenger to expe- 
dite the business, when the 80/. was sent ? That 
he found out a way of transmitting 800,000/., 
to carry on the design ? He consulted the kill- 
ing the king, and appro? ed of- it very well. 
And of the instructions for 10,000/., be said it 
was too little for to poison the kiog. When 
you were to give an account to the council of 
the particular contrivance of the murder of the 
king at Windsor, with a reward, you did men- 
tion one reward of 10,000/. to Dr. Wakemari, 
and would you omit the guinea to expedite tbe 
messenger, and that he said that 10,000/. was 
too little; would you omit all this? 

Oates. I being so tired nnd weak that I was 
not able to stand upon my legs, and I remem- 
ber tbe council apprehended me to be so weak 
that one of the lords of the council said, that if 
there were any occasion further to examine Mr. 
Coleman, that Mr. Oates should be ready 
again, and bid me retire. 

L. C. J. You was by when the council were 
ready to let Mr. Coleman go almost at large? 

Oates. No ; I never apprehended that, for if 
I did, I should have given a further account. 

L. C. J. What was done to Mr. Coleman 
at that time ? Was be sent away prisoner ? 

Oates. Yes, at that time to the messenger's • 
house, and within two days after be was sent to 
Newgate, nnd his papers were seized. 

L. C. J. Why did you not name Coleman 
at that time ? 

Oates. Because I had spent a great deal of 
time in accusing other Jesuits. 

Just. Wild. What time was there betwixt the 
first time you were at the -council, before you 
told of this matter concerning tbe king ? 

Oates. When I was first at the board (which 
was on Saturday night) I made information, 
which began between 6 and 7, and lasted al- 
most to 10. I did then give a general account 
of the affairs to the council without the king. 
Then I went and took prisoners, and before 
Sunday night, I said, I thought if Mr. Cole- 
man's Papers were searched into, they would 
find matter enough against him in those papers 
to hang him : I spake those words, or words to 
the like purpose. After that Mr. Coleman's 
Papers were searched, Mr. Coleman was not 
to be found ; but he surrendered himself the 
next day. So that on Sunday I was com- 
manded to give his majesty a general informa- 
tion, as I had given to the council on Saturday ; 
and the next day again, I took prisoners that 
night 5, and next night 4. 

Just. Wild. How long was it betwixt the 
time that you were examined, and spoke only 
as to the letteis, to that 1 time you told to th« 



*7J 



STATE TRIALS, SO Charles U. 1678 — Ttid o/ Edward Cdeman, 



[28 



Icing nnd council, or both of them, concerning 
this matter you swear now ? 

Oates. My Lord, 1 never told it to the king 
and council, but I told it to the houses of par- 
liament. 

X. C. J. How long was it between the one 
«nd the other? 

Oatet. I cannot tell exactly the time; k was 
when the parliament first sat. 

X. C. /. How came, you (Mr. Coleman being 
so desperate a man as he was, endeavouring 
the killing of the king) to omit your informa- 
tion of it to the council and to the king at both 
times? 

Oates. I spoke little of the persons till the 
persons came face to race. 

X. C. X Why did you not accuse all those 
Jesuits by name? 

Gates. We took a catalogue of their names, 
but those I did accuse positively and expressly 
we took up. 

L. C.J. Did you not accuse sir George 
Wakeraan by name, and that he accepted his 
reward ? 

Oatet, Yes, then I did accuse him by name. 

X. C. X Why did you not accuse Mr. Cole- 
man by name ? 

- Otitis. For want of memory ; being disturb- 
ed and wearied in sitting up two nights, I could 
not give that good account of Mr. Coleman, 
which I did afterwards, when I consulted my 
Papers; and when I saw Mr. Coleman was* 
secured, I had no need to give a farther ac- 
count. 

X. C. J. How long was it between the first 
charging Mr. Coleman, and your acquainting 
the parliament with it ? 

Oates. From Monday the SOth of Septem- 
ber, until the parliament sat. 

X. C. X Mr. Coleman, will yon ask him any 
thing? 

Pris. Pray ask Mr. Oates, whether he *as 
not as near to me as this gentleman is, because 
vie spetiks of his eyes being bad? 

Oates. I had tho disadvantage of a candle 
upon my eyes; Mr. Coleman stood more in 
the dark. 

Pris. He names several times that he met 
with me ; in this place and that place, a third 
*nd fourth place about business. 

Oates, He was altered much by his periwig 
«n several meetings, and had several periwigs, 
•and n periwig doth disguise a man very much ; 
tat when I heard him speak, then I knew him 
to be Mr. Coleman. 

X. C. X Did you hear him speak ? How 
were the questions asked? Were they thus? 
Was that the person ? Or, how often had you 
•een Mr. Coleman ? 

Oatm. Whan the question was asked by my 
lord chancellor, Mr. Coleman, when where you 
last in France? He said, At such a time. Did 
yott tee father La Chaise? He said he gave him 
an accidental visit. My lord chancellor asked 
trim whether or no be had a pass ? He said, 
No. Then be told him, that was a fauh for 
going ovttfthekiojptaa without epm. Have 



you a kinsman whose name is Playford, at St. 
Orners? He said he had one teo years old, 
(who is in truth sixteen) Thai question I desired 
might be asked. Then the king hade me go on. 

X. C. X Did Hie king, or council, or lord 
chancellor ask you whether you knew Mr. 
Coleman, or no? 

Oates* They did not ask me. 

X. C. J. Mr. Oates, Answer the question 
in short and without confounding it with length. 
Were you demanded if you knew Mr. Coleman ? 

Oates. Not to my knowledge. 

X. C. X Did you ever see him, or how often ? 

Pris. He said, he did not know me. 

X. C. X" You seemed, when I asked you 
before, to admit, as if you had been asked this 
question, how often you had seen him, und gave 
me no answer, because you were doubtful 
whether it was the man, by reason of the in- 
convenience of the light, and your bad sight. 

Oates. I must leave it to the king what an- 
swer I made Mr. Coleman; he wonders I 
should give an account of so many intimacies, 
when I said 1 did not know him at the council- 
table. 

Pris. It is very strange Mr. Oates should 
swear now, that he was so well acquainted with 
me, and had been so often in my company, 
when upon his accusation at the council-table, 
he said nothing of me more than the sending of 
one letter, which he thought was my hand. 

Oates. I did not say that. 

Pris. And he did seem to saynhere, he 
never saw me before in his life. 

X. C. X Was he asked whether be was ac- 
quainted with you ? (for those words are to the 
same purpose.) 

Pris. I cannot answer directly, I do not 
say lie was asked, if he was acquainted with 
me, but I say this, that he did declare he did 
not know me! 

X. C. J. Can you prove that? 

Pris. I appeal to sir Tho. Dolman, who is 
now in Court, and was then present at the 
Council- table. 

X. C. J. Sir Thomas, yon are not upon 
your oath, but are to speak on the behalf of 
the prisoner : What did he say ? 

Sir Tho. Dolman. That he did not well 
know him. 

X. C. X Did he add, that he did not well 
know hhn by the candle-light ? But Mr. Oates, 
when you heard hit voice, you said yon knew 
him ; why did you not come then, and say you 
did well know him ? 

Oates. Because I was not asked. 

X. C.J.,, But, sir Thomas, did he say he did 
not well know him after Mr. Coleman spake? 
Was Mr. Coleman examined before Mr. Oates 
spake?— Sir T. Dolman. Yes. 

X. C. X Mr. Oates, you say yon were with 
him at the* Savoy and Wild House, pray, sir 
Thomas, did he say he did not know hm% or 
had seen Mr, Coleman there ? 

Sir T. Dolman. He did not know him at 
he stood there. 

X. C. X ' Knowing, or not knowing, is not 



*] 



STATE TRIALS, SO Charles II 1073.— Jot High Treason. 



[*> 



tW present question ; but did he make an an- 
swer to the knowing or not knowing him ? 

Just. Doffrtn. Did he say he did not well 
know Mr. Coleman, or that he did not well 
know that man ? 

Sir T. Dolman. He said he bad no ac- 
quaintance with that nao (to the- best of my 
remembrance). 

L, C. J. Sir Robert Southwell, you were 
present at Mr. Oates bis examination before 
the Council ; in what manner did he accuse 
Mr. Coleman then? 

Sir R. Southwell. The question is so parti- 
cular, I cannot give the Court satisfaction ; but 
other material things then said are now omitted 
bj Mr. Oates ; for he did declare against sir 
Geonse Wakeman, that 5,000/. was added, in 
all 15,000/1, and that Mr. Coleman paid five 
of the fifteen to sir George in hand. 

L. C. J. This answers much of the objection 
■poo him. The Court has asked Mr. Oates 
bow be should come now to charge you with 
all these matters of poisoning and killing the 
kiag, and yet he mentioned yon so slightly at 
the Council- tabic ; but it is said by sir Robert 
Southwell he did charge you with 5,000/. (for 
poisoning the king) to be added to the 10,000/., 
and be charged you expressly with it at the 
Council- table. 

Pris. The charge was so slight against me 
by Mr. Oates, that the council were not of his 
opinion : For the first order was to go to New- 
gate, and sir R. Southwell came with directions 
to the messenger not to execute the order. I 
humbly ask whether it was a reasonable thing 
to conceive that the council should extenuate 
the punishment, if Mr. Oates came with such 
an amazing account to the council. 

Sir Jfc. South. Mr. Oates gave so large and 
general an information to the council, that it 
could not easily be fixed. Mr. Coleman came 
voluntarily in upon Monday morning. The 
warrant was sent out on Sunday night for Mr. 
Coleman and his papers; His papers were 
found and seized, but Mr. Coleman was not 
found at that time nor all night, but came on 
Monday morning voluntarily, and offered him- 
self at sir Joseph Williamson's bouse, hearing 
there was a warrant against him ; By reason 
of so many prisoners that were then under 
examination, he was not heard till the after- 
noon, and then he did with great indignation 
and contempt hear these vile things, at thinking 
himself innocent. 

Pris. U I thought myself guilty, I should 
have charged myself: I hope his majesty, upon 
what hath been said, will be so far satisfied as 
to discharge me. 

Sir R. South. Mr. Coleman then made so 
good a discourse for himself, that though the 
lords bad filled up a blank warrant to send him 
to Newgate, that was respited, and he was 
only committed to a messenger. I did say to 
the messenger, Be very eivil to Mr. Coleman, 
for things are under examination, but you must 
leep barn safety. Seith the messenger, Pray 
let me have a special warrant, that deth dis- 



pense «ith the warrant J had to carry him to 
Newgate, and such a warrant be had. The 
king went away on Tuesday morning to New- 
market, and appointed a particular committee 
to examine the papers brought of Mr. Coleman 
and others. His papers were found in a deal 
box, and several of these papers and declara- 
tions souuded so strange to the lords, that they 
v\f re amased; and presently they signed a war- 
rant for Mr. Coleman's going to Newgate. 

L. C. J. Did Mr. Oates give a roaad charge 
against Mr. Coleman? % 

Sir R. South. He had a great deal to do, 
he was to repeat in the afternoon on Sunday 
when the king was present, all he had said to 
the lords on Saturday. He did say of Mr. 
Coleman, that he had corresponded very wick- 
edly and basely with the French king's Coufessor f 
and did believe if Mr. Coleman's papers were 
searched, there would be found in them that 
which would cost him his neck. And did de- 
clare that the 15,000/. was accepted for the 
murder of the king, and that. 5,000/. was actu- 
ally paid by Mr. Coleman to sir George Wake* 
man. But Mr. Oates at the same time did 
also declare that he did not aee the money 
paid, he did not see this particular action of sir 
George Wakemaa, because at that time he had 
the stone, and could not be present. 

Oates. I was not present at that consult 
where tlie 15,000/. was accepted, but I had an 
account of it from those that were present; 

L. C. J. It appears plainly by this testi- 
mony, that he did charge you Mr. Coleman 
home, that 15,000/. was to be paid for poison- 
iug the king ; and that it was generally said 
among them (though he did not see it paid) 
that it came by your hands, viz. 5,000/. of it ; 
which answers your objection as if he had not 
charged you, when you see he did charge yon 
home then for being one of the conspirators, in 
having a hand in paying of money for poisoning 
the king: he charges you now no otherwise 
than in that manner : he doth not charge you 
now as if there were new things started, but 
with the very conspiracy of having a hand in 
paying the money for murdering the king. 
What consultation was. that vou had at the 
Savoy, in the month of August? 

Oale*. It was about the business of the four 
Irish ruffians proposed to the consult. 
The End of Mr. Oates's Examination. 

Mr. Bedlotfs* Examination. 

Sir Francis Winningioii, (Sol. Gen.) We 
will call him to give an account what he knows 
of the prisoner's being privy to the conspiracy 
of murdering the king (particularly to that). 
Mr. Bedlow, pray acquaint my lord and the 
jury what you know, I desire to know parti* 
cularly as it concerns Mr. Coleman, and no- 
thing but Mr. Coleman. 



»« I I.IU 



* See the Examinations of this witaees taken 
before a Committee of the House of Lords, and 
in his last sickness before Chief Justice North, 
vol 6, p. 1403. 



Si] STATE TRIALS, 30 Charles II. 1678.— Trial of Edward Coleman, [J» 



L. C. J. Mr. Attorney, pray keep to that 
question close. 

Att. Gen. I have two short questions to ask 
bim : the first is, what he bath beeo or heard 
touching any commission, to Mr. Coleman, 
what sav you ? 

Mr. ikdlow. In particular I know not of 
any commission directed to Mr. Coleman, I 
do not know any thing of it but what sir Henry 
Tichbourn told mc, that Ire had a commission, 
and he brought* commission for Mr. Coleman 
and the rest of the lords, from the principal 
Jesuits at Rome, by order of the pope. 

Att: Gen. A commission for what ? 

Bcdlow. To be principal secretary of state : 
the title of it I do not know because I did not 
see it, but to be principal secretary of state, 
that was the effect. 

Att. Gen. I desire to know what discourse 
you had with Mr. Coleman about that design. 
• Bedlam. If your lordship please, I shall be 
short in the narrative. 

L. C. J. Make use of your notes to help 
your memory, but let not your testimony be 
leerely to read them. 

Bedlom. I carried over to M. La Chaise (the 
French king's confessor) a large pacquet of 
letters, April 1675, from Mr. Coleman, which 
letters I saw Mr. Coleman deliver to Father 
liarcourt, at his house in Duke-Street. 

Council. And Harcourt gave them to you ? 

Bed tow. Yes ; which letters were directed to 
be delivered to M. La Chaise, and I did carry 
them to La Chaise, and brought him an answer 
from La Chnise, and other English monks at ■ 
Paris : I did ,uot understand what was in it, 
because it was a language 1 do not well under- 
stand ; it was about carrying on the Plot ; at 
a consultation there were present two French 
abbots and several English monks at Paris ; 
what I heard them say, was about carrying on 
the Plot to subvert the government of England, 
to destroy the king aud the lords of the coun- 
cil. The king was principally to be destroyed, 
aud.the government subverted as well as the 
Protestant religion. 

Court. When was this ? when you were to 
receive the answer? 

Bedlom. It was upon the consultation : there 
was a pacquet of Jetters from Mr. Coleman, 
they did not know I understood French, or if 
they did, they had tried me so long I believe 
they would have trusted me. 

L. C. J. The letter that La Chaise wrote, to 
whom was it directed ? * 

"Bedlam. It was directed to Mr. Coleman, 
the pacquet was directed to Harcourt, and 
within that La Chaise wrote an answer and 
directed it to Mr. Coleman, particularly to 
Mr. Coleman. 

L. C. J. How do you know? 

Bedltm. The Superscription was this [in 
French, A M. Coleman]. To Mr. Coleman ; 
with other letters directed to Father Harcourt. 

X. C. J. He saith plainly the letter was 
Tours. You gave Harcourt a pacquet of 
letters to be delivered to La Chaise, liarcourt 

3 



delivered them to him, and he did carry them 
to La Chaise, aud heard them talk about this 
Plot : that La Chaise wrote a letter to you (par- 
ticularly by oame) inclosed in a letter to liar- 
court ; that answer he brought back. 

Recorder. Do you know any thing concern- 
ing any money Mr. Coleman said lie had re- 
ceived ? the sums, and for what ? 

Bcdlow. It was to carry on the design to 
subvert the government of England, to free 
Eugland from damnation and ignorance, and 
free all Catholics /rom hard tyranny and op- 
pression of Heretics. 

Att. Gen. What words did you hear Mr. 
Coleman express, what he would do lor the 
Catholic cause? 

Bcdlow. May J4, or 25, 1677, 1 was at Mr. 
Coleman's with Mr. Harcourt, and received 
another pacquet from Mr. Harcourt, and he 
had it from Mr. Coleman. 

L. C. /. You say, Mr. Coleman did give 
this pacquet to Harcourt ? 

Bcdlow. Yes, and Harcourt delivered it to 
me to carry it to Paris to the English monks. 
I was to go by Doway to see if they were not 
gone to Paris before me. 

L. C. J. And what did they say- when you 
delivered the letters to the English monks ? 

Bcdlow. They told me how much reward I 
deserved from the pope and the church, both 
here and in. the world to come. I overtook 
three, and that night I went to Paris with 
them ; aod upon the consultation, 1677, 1 be- 
lieve they sent the bishop of Tomes the sub- 
stance of those letters ; and not having a final 
Answer what assistance the Catholic party in 
England might expect from them, they were 
resolved to neglect their design no longer thaa 
that summer, having ail things ready to begin 
in England. 

Recorder. What did you bear Mr. Cole- 
man say? 

Bcdlow. That he would adventure any thing 
to bring in the Popish religion : afier tue con- 
sultation, I delivered the letters to La Faire, 
and be brought them to Harcourt, he delivered 
the pacquet of letters to Harcourt, who was not 
well, but yet went and delivered them to Mr. 
Coleman, and I went as far as Mr. Coleman's 
house, but did not go in, but stayed over the 
way ; but Harcourt went in, and after he had 
spoke with Mr. Coleman, he gave me a beck 
to come to bim ; and I heard Mr. Coleman 
say, If be had a hundred lives, and a sea of 
blood to carry on the cause, he would spend it 
all to further the cause of the Church of Rome, 
aod to establish the Church of Rome in Eng- 
land : and if there was an hundred Heretical 
kings to he deposed, he would see them all de- 
stroyed. 

£. C. J. Where was this ? 

Bcdlow. At his own house. 

L.C.J. Where? 

Bedim*. Behind Westminster Abbey. 

X. C. /. In what room ? 

Bedlam. At the foot of the stair-case* 

L. C. /. Where were you then ? 



«1 



STATE TWAiS, SO Chaiu.es I(. 1078.-: far High Tmsan. 



[*> 



tto present question ; but did be make an an- 
sae* to rbe knowing or not knowing him? 

Just. Dotyn. Did he say he did not well 
know Mr. Coleman, or that he did not well 
know that man ? 

Sir T. Dolman. He said he bad no ac- 
quaintance with that nan (to the beat of my 
remembrance). 

L C. J. Sir Robert Southwell, you were 
present at Mr. Oates hit examination before 
the Council; in what manner did he accuse 
Mr. Coleman then? 
Sir R. Southwell. The question is so parti- 
* eolar, I cannot gire the Court satisfaction ; but 
other material things then said are now omitted 
bj Mr. Oates ; for he did declare against sir 
George Wakeman, that 5,000/. was added, in 
all 15,000/., and that Mr. Coleman paid five 
of i he fifteen to sir George in hand. 

L C. J. This answers much of the objection 
■poo him. The Court has asked Mr. Oates 
bow be should come now to charge you with 
ail these matters of poisoning and killing the 
king, and yet be mentioned you so slightly at 
the Council-table ; but it is said by sir Robert 
Southwell he did charge you with 5,000/. (for 
poisoning tlte king) to be added to the 10,000/., 
sod be charged you expressly with it at the 
' Council- table. 

! Pris. The charge was so slight against me 
by Mr. Oates, that the council were not of his 
opinion : For the first order was to go to New- 
gate, and sir R. Southwell came with directions 
to the messenger not to execute the order. I 
humbly ask whether it was a reasonable thing 
to conceive that the council should extenuate 
the punishment, if Mr. Oates came with such 
so amtsug account to the council. 

Sir R, South. Mr. Oates gave so large and 
general an information to the council, that it 
tooid not easily be fixed. Mr. Coleman came 
Yolontarily in upon Monday morning. The 
warrant was sent out on Sunday night for Mr. 
CoJenaa and his papers; His papers were 
found and seized, but Mr. Coleman was not 
found at that time nor all night, but came on 
MoodBj morning voluntarily, and offered him- 
self at sir Joseph Williamson's bouse, hearing 
there was a warrant against him : By reason 
of so many prisoners that were then under 
examination, he was not heard till the after- 
noon, and then be did with great indignation 
sad contempt hear these vile Uungs, as thinking 
bisnself innocent. 

Pris. If I thought myself guilty, I should 

bswj charged myself: I hope his majesty, upon 

•hat hath been said, will be so far satisfied as 

to discharge me, 

Sir R. South. Mr. Coleman then made so 

Ka discourse for himself, that though the 
had filled op a blank warrant to send him 
to Newgate, that was respited, and he was 
oaly committed to a messenger. I did say to 
the messenger, Be very eivil to Mr. Coleman, 
for things are under examination, but you must 
leep bssm safely. Saith the messenger, Pray 
let me hate a special variant, that deth dis- 



pense with the warrant I had to carry him to 
Newgate, and such a warrant he had. The 
king went away on Tuesday morning to New- 
market, aud appointed a particular committee 
to examine the papers brought of Mr. Coleman 
aud others. His papers were found in a deal 
box, and several of these papers and declara- 
tions souuded so strange to the lords, that they 
wtre ainased; and presently they signed a war- 
rant for Mr. Coleman's going to Newgate. 

L. C. J. Did Mr. Oates give a round charge 
against Mr. Coleman? * 

Sir R. South, lie had a great deal to do, 
he was to repeat in tlie afternoon on Sunday 
when the king was present, all he had said to 
the lords on Saturday. He did say of Mr. 
Coleman, that he bad corresponded very wick- 
edly and basely with the French king's confessor, 
and did believe if Mr. Coleman's papers were 
searched, there would be found in them that 
which would cost him his neck. And did de- 
clare that the 15,000/. was accepted for the 
murder of the king, and that -5,000/. was actu- 
ally paid by Mr. Coleman to sir George Wake- 
man. Hut Mr. Oates at the same time did 
also declare that he did not see the money 
paid, he did not see this particular action of air 
George Wakemaa, because at that time he had 
the stone, and could not be present. 

Gate*. I was not present at that consult 
where the 15,000/. was accepted, but I had an 
account of it from those that were present 

X. C. J. It appears plainly by this testi- 
mony, thai be did charge you Mr. Coleman 
liome, that 15,000/. was to be paid for poison- 
ing the king ; and that it was generally said 
among them (though he did not see it paid) 
that it came by your hands, via. 5,000/. of it ; 
which answers your objection as if he had not 
charged you, when you see he did charge yon 
home then for being one of the conspirators, m 
having a hand in paying of money for poisoning 
the king: he charges you now no otherwise 
than in that manner : he doth not charge you 
now us if there were new things started, but 
with the very conspiracy of having a hand in 
paying the money for murdering the king. 
What consultation was. that you had at the 
Savoy, in the month of August? 

Oa(e$. It was about the business of the four 
Irish ruffians proposed to the consult. 
The End of Mr. Oates's Examination. 

Mr. Bedlam's* Examination. 

Sir Francis Wianingtoit, (Sol. Gen.) We 
will call him to give an account what he knows 
of the prisoner's beiug privy to the conspiracy 
of murdering the king (particularly to that). 
Mr. Bedlow, pray acquaint my lord and the 
jury what you know, I desire to know parti- 
cularly as it concerns Mr. Coleman, and no- 
thing but Mr. Coleman. 

* See the Examinations of this witness taken 
before a Committee of the House of Lords, and 
in his last sickness before Chief Justice North, 
voL 6, p. 1403. 



MB 



35J STATE TRIALS, tfO Charles II. 

Att. Xren. Inform the court whether he 
kept any book, to make entry of letters he sent 
or received ? . 

Boatman. Yes, there was a large book my 
master did enter his letters in, and bis news. 

Att. Gen. What is become of that book i 

Boatman, I know not. 

Att. Gen. When did you see that book 
last, upon your oath ? 

Boatman. On Saturday. 

Att. Gen. How long before he was sent to 
pri&on ? 

Boatman. Two days, because the «eit day 
was Sunday, when he di4 not make use of it : 
On Monday my master was in prison, and I 
did not mind the book. 

L. C. J. Were there any entries of letters 
in that book within two years last past r* 

Boatman. I cannot- be positive. 

Ait. Gen. Did he not usually write and re- 
ceive letters from beyond sea? Till that time 
had be not negociation as usually ? 

Boatman. He had usually news every post 
from beyond the seas. 

Pro. There is letters from the Hague, 
Brussels, France and Rome ; they are all with 
the council, which were all the letters I re- 
ceived. ' 

Att. Gen. We hare another witness : Cat- 
taway, are you acquainted with Mr. Coleman's 
hand writing ? Do you believe it to be his hand 
writing ? 

Witneu. I believe it is, they are his hand- 
writing. 

Att. Gen. It will appear, if there were no 
no other proof in this cause, his own papers 
are as good as an hundred witnesses to con- 
demn him : Therefore I desire to prove them 
fully by his own confession. 

Sir Phil. Lloyd, a witness. These are the 
papers I received from sir Thomas Dolman ; 
I found thorn (as he saith) in a deal box;. 
Among his papers I found this letter. . Mr. 
Coleman hath owned tUia was his hand- writing ; 
it is all one letter. 

Alt. Gen. It is all the same hand, and he 
acknowledged it to be his. 

Mr. Recorder. I desire Mr. Astrey may read 
it so that the Jury may bear it. 

Mr. Astrey, Clerk of the Crown, reads toe 
letter. 

The 99th' of September (1675.) It is sub- 
scribed thus; " Your most humble and most 
obedient Servant," but no name. 

Mr. Coleman's Long Letter. 

" Since Father St. German has been so 
kind to me, as to recommend me to your re- 
verence so advantageously, as to, encourage 
you to accept of my correspondency ; I, will 
own to him that be has dune me a favour without 
consult! ok me, greater than I could have been 
capable of if he had advised with me ; because 
I could not then have had the confidence 
to have permitted him to ask it on my be- 
lialf. And I am so sensible of the honour 
you are pleased to do me, that though I cannot 

7 



1078. — Ttial of Edward Coleman, 



186 



deserve it, yet to shew at least- the sense I 
have of it, I will deal its freely and. openly with 
you this first time, as if I had had the honour 
of your acquaintance all my life; and shall 
make no apology for so doing, but only tell 
you that I know your character perfectly well, 
though I am not so happy as to kuow your per- 
son; and that I have an opportunity of putting 
this letter iota the hands of Father St. Ger- 
man's nephew (for whose integrity and pru- 
dence he has undertaken) without any sort of 
hazard. 

" In order then, sir, to the jilaionessl pro- 
fess, I will tell you what «4*jus formerly passed 
between your reverence's predecessor, Father 
Ferrier, and myself. About three years ago, 
when the king ray master pent a troop of horse* 
guards into his most Christian .majesty's ser- 
vice, under the command of my lord Dura**, 
he sent with it an officer called sir William 
Throckmorton, with whom I had a particular 
intimacy, and who bad then very newly em- 
braced the Catholic religion : to him did 1 con- 
stantly write, and by him address myself to 
Father Ferrier. The first thing of great im- 
portance I presumed to offer him (not to 
trouble you with lesser matters, or what passed 
here before, and immediately after the fatal 
revocation of the king's declaration for liberty 
of conscience, to which we owe all our miseries 
and hazards,) was in July, August, and Sep- 
tember 1673, when I constantly inculcated the* 
great danger Catholic religion and his most 
Christian majesty's interest would be in a tour 
next sessions of parliament, which was then to 
be in October following ; at which I plain J y 
foresaw that the king my master would be 
forced to something in, prejudice to his alliance 
with France, which I saw so evidently and 
particularly that we should make peace with 
Holland ; that £ urged all the arguments I 
could, which to me were demonstrations, to 
convince your court of {hat mischief; and 
pressed all I could to persuade his most Chris- 
tian majesty to use his utmost endeavour to pre- 
vent that session of our parliament, and proposed 
expedients how to doit: but I was answered so 
often and so positively, that his most Christian 
majesty was so well assured by his ambassador 
here, our ambassador there., the lord Arlington* 
and even the kiug himself; that he had no suck 
apprehensions at ail, but was fully satisfied of 
the contrary, and looked upon what I offered 
as a very zealous mistake, that I was fosced to 
give over arguing, though not believing as I 
did ; but conndeutly appealed to time and suc- 
cess to prove who took their measures rightest. 
When it happened what I foresaw came to 
pass, the good Father was a little surprised, to 
see all the great. men mistaken, and a little one 
in the riaht; .and was pleased by sir William 
Throckmorton to desire the continuance of 
' my correspondence, which I was mighty witl- 
ing to comply with, knowing the interest of our 
king, and in a more particular manner of my 
more immediate master the duke, and bis moat 
Christian majesty, to be so inseparably unitea* 



3T] 



STATE TRIALS, 30 Charles II. 1678.— /or High Treason. 



[» 



that it was impossible to divide them, without 
dauojing them all : upon this I shewed that 
ov parliament io the circumstances it was 
nonaged, by the timorous counsels of our mi- 
nisters, who then governed, would never be 
ssefnl either to England, France, or Catholic 
itiigiof), but that we should as certainly be 
forced from our neutrality at their next meet- 
ing, as we bad been from our active alliance 
ftitli France the last year : that a pence in the 
circumstances we were in, was much more to 
be desired than the continuance oi' the war ; 
and tint the dissolution of our parliament 
W9»W certainly procure a pe*ce ; for that the 
confederate! -did more depend upon the power 
they had in our parliament, than upon any 
thing else in the world ; and were more en- 
counted from them to the continuing of the 
war; so chat if they were dissolved, their mea- 
sures would be all broken, and they conse- 
quent!? in a manner necessitated to a peace. 
"The good rather minding this discourse iome- 
%hat more than the court of France thought fit 
to do my former, urged it so home to the king, 
that his majesty was pleased to give him orders 
to signify to his royal highness my master, 
that his majesty was fully satisfied of his royal 
aigimess'sgood intention towards him, and that 
he esteemed both theft interests but as one 
tnd the same; that my lord Arliugton and 
at parliament were both to be looked upon as 
very onusefut /o their interest : That if his royal 
highness would endeavour to dissolve this par- 
liament, his most christian majesty would as- 
sist him with his power and purse, to have 
anew one as should he for their purpose. This, 
tad a {rreat many more expressions of kindness 
sad confidence, Father Ferrier was pleased to 
comtDooicate to sir William Throckmorton, and 
oovfnanded him to send them to his royal 
highness, and withal to beg his royal 
jugnoess to propose to his most christian ma- 
jesty, what be thought necessary for his own 
concern, and the advantage of religion, and his 
majesty would certainly do all he could to ad- 
nnce both or either of them. This sir William 
Throckmorton sent to me by an express, who 
left Paris the 2d of June 1674, Stiio novo: 1 no 
sooner had it, but I communicated it to bis 
Bt H. To which his R. H. commanded me 
to answer, as I did on the 29th of the same 
Booth : That his fi. H. was very sensible of 
as most christian majesty's friendship, and that 
nevoold labour to cultivate it with all the good 
offices be was capable of doing for his majesty ; 
tatt he was fully convinced that their interests 
n«e both one, that my lord Arlington and the 
parliament were not only unuseful, but very 
dsngerous both to England and France : that 
therefore it was necessary that they should do 
*U theycould to dissolve it. And that his royal 
kighneWa opinion was, that if bis most christian 
majesty would write bit thought* freely to the 
«ng of Eogland upon this subject and make 
aSe same proffer to his majesty of bis purse to 
fmolre this parliament, which, he had made to 
us rojal highness to call another, he did believe 



it very possible for him to succeed, with the as- 
sistance we should be able to give him here ; 
and that if this parliament were dissolved, 
there would be no great dilticulty of getting a 
new one, which would be more useful : the con- 
stitutions of our parliaments being such, that a 
new one can never hurt the crown, nor an old 
one do it good. 

44 His royal highness being pleased to own 
these propositions, which were but only ge- 
neral, I thought it reasonable to be more par* 
(iculnr, and come closer to the point, that we 
might go the faster about the work, and come 
to some resolution before the time was too far 
spent. 

" I laid this for my maxim : the dissolution 
of our parliament will certainly procure a peace; 
which proposition was granted by. every body I 
conversed withal, even by M. Rouvigny him- 
self, with whom I took liberty of discoursing so 
far, but durst not say any thing of the intelli- 
gence I had with father Fenier. Next ; that 
a sum of money certain, would certainly pro- 
cure a dissolution ; this some doubted, but I 
am sure I never did ; for I knew perfectly well 
that the king had frequent disputes with him- 
self at that time, whether he should dissolve or 
continue them ; and he several times declared 
that the arguments were so strong on both sides, 
that he could not tell to which to incline, but 
was carried at last to the continuance of i hem 
by this one argument ; if I try them once mure, 
they may possibly give me money ; if they do 
I have gaiued my point, if tliey do not, 1 can 
dissolve them then, and be where I am now : so 
that I have a possibility at least of getting mo- 
ney for their continuance, against nothing on 
the other side : but' if we could have turned 
this argument, and said ; Sir, their dissolution 
will certainly procure you money, when you 
hare only a bare possibility of getting any by 
their continuance, and have shewn Iujw far that 
bare possibility was from being a fouitdntton to 
build any reasonable hope upon, which I am 
sure his majesty was sensible of: and how 
much 300,000/. sterling certain (which was the 
sum we proposed) wa» better than a bare pos- 
sibility (without any reason to hope that that 
could ever be compassed) of having half no. 
much more (which watthe most he designed to 
ask,) upon some vile dishonourable terms, a«4 
a thousand other hazards, which he had great 
reason to be afraid of: if, I say, we had power 
to have argued this,, I am ino»t confine ntly as- 
sured we could have compassed it, for Logic 
in our court built upon moirey, has more pow- 
erful charm** than any other sort of reasoning. 
But to secure bi» most christian majesty from 
any hazard as to that p<»n»t, 1 proposed hi* ma- 
jesty should offer that sum upoii that condition; 
and if the condition were not performed, tin? mo- 
ney should. never be due; if it were and tnat a 
ptace would certainly follow thereupon, (which 
nobody doubted) his maj» sty would g J «in hi* Mids 
and save all the vn«texpeocesof the nest cam* 
paign, by which he could not hope to oerei h«s 
condition, or put hiifisetl into more advantageous 



90} STATE TRIALS, 30 Cham-bs IL 1676. — Trial ofEdwmrd CoUtmm, [W 

circumstance* of Treaty than be was then in ; hot 
mig bt very probably be in a much worse, con- 
sidering the mighty opposition be was like to 
meet with, and the uncertain chances of war. 
Bat admitting that his majesty could by his 
treat strength and conduct maintain himself 
in as good a condition to treat the next year as 
he was then in ; (which was as much as could 
then reasonably be hoped for) he should have 
saved by thib proposal as much as all the men 
be must needs lo»e, and all the charges he 
should be at in a year, would be valued to 
amount to more than 300.000i. sterling, and so 
much more in case his condition should decay, 
as it should be worse than it was when this 
was made ; and the condition of his royal high- 
ness and of the Catholic religion here (which 
depends very much upon the success of bis 
most christian majesty,) delivered from a great 
many frights and real ^azartts. F. Ferrier 
seemed to be very sensible of the benefit all 
parties would gain by this proposal ; but yet it 
was unfortunately delayed by an unhappy and 
tedious fit of sickness, which kept him so long 
from the king in the FrancbeCompte, and 
made him so unable to wait on mVtnajesty 
after be did return to Pahs : but so soon as he 
oouid compass it, he was pleased to acquaint 
his majesty with it, and wrote to the Duke him- 
self; and dad me the honour to write unto me 
also on the 15th of September 1674, and sent 
his letter by sir William Throckmorton, who 
came upon express that errand *. in these let- 
ters he gave his royal highness fresh assurance of 
his most christian majesty's friendship, and of 
his zeal and readiness to comply with every 
thing his royal highness had, or should think fit 
to propose in favour of religion, or the business 
of money: and that he had commanded M. 
Houvigny as to the latter, to treat and deal 
with his royal highness and to receive and ob- 
serve his orders and directions; hut desired 
that he might not at all be concerned as to the 
farmer, but that his royal (ugliness would cause 
what proposition he should think fit to be made 
shout religion, to be offered either to Father 
Ferrier, or Mi Pompone. 

" These letters came to us about the middle 
of September, and his royal highness espected 
daily wheo M. Rouvigny should* speak to bim 
shoot the subject of that letter ; but he took 
no notice at all of anv thing till the 99th of 
September, the evening before the king and 
dose, went to Newmarket for a fortnight, and 
then only said, that be had commands from 
his master to give his royal highness the most 
firm assurance of his friendship imaginable, or 
t a me r hing to that purpose, making his royal 
highness a general compliment, but made no 
mention of any particular orders relating to 
Father Ferrier*8 letter. The duke wondering 
at this proceeding, and beinit obliged to stay a 
good part of October at Newmarket ; and soon 
aster his coming back, hearing of the death of 
Father Ferrier, he gave over all further prose- 
csting of the former project. But I believe I 
•ssv M. Rsavignye policy all along, whs was 



willing to save his master's money* upon 
suranoe that we would do all we coeld to stave- 
off the parliament for our own takes, that we 
would struggle as hard without mooey as with - 
it; and we having by that lime, upon our* 
own interest, prevailed to get the parliament' 
prorogued to the 13th of April, he thought that- 
prorogation being to a day so high in the- 
spring, would put the confederates so far be- 
yond their measures, as that it might procure a 
peace, and be as useful to France as a disso- 
lution *. upan these reasons I suppose be went; 
I bad several discourses with ntm ; and dsnV 
open myself fo far to bim as to say, 1 could 
wish liis master would give us leave to offer to 
our master 300,000/. for the dissolution of the 
parliament; and shewed bim that a peace- 
would most certainly follow a dissolution 
(which be agreed with me in,) and that we de- 
sired not the money from his master to excite* 
our wills, or to make us more industrious to 
use our utmost powers to procure a dissolution , 
bat to strenghten our power and credit with 
the king, and to render us more capable to 
succeed with his majesty, as most certainly we* 
should have done, had we been fortified with 
such an argument. 

" To this purpose I pressed M. Pompone- 
frequently hy sir William Throckmnrtcn, w bo- 
returned hence again into France on the 10th- 
of November, the day our parliament- should^ 
have met, but was prorogued. t M, Pompone/ 
(as I was informed by sir William) did teen* to 
approve the thing ; but yet bad two objections^ 
against it: First, that the sum we proposed, 
was great ;, end could be very ill spared in the* 
circumstances his most Christian majesty was* 
in. To wLicli we answered, that if bv his ex- 
pending that sum, he could procure a diseolu* 
tion of our parliament, and thereby a peace, 
winch every body agreeed would necessarily- 
follow ; his most Christian majesty would gain 
his ends, and save five or ten times a greater 
sum, and so be a good husband by rmvexpence ; 
and if we did not procure a dissolution, ho 
should not be at that es pence at all ; for that 
we desired him only to promise upon that 
condition, which we were content to be ob- 
liged to perform first. The second Objection 
was. The duke did not move, nor appear in it 
himself. To that we answered, That he did' 
not indeed to M. Pompone, because he bad 
found so ill an effect of the neeociation with 
Father Ferrier, when it came into M. Ron- 
vieoy s hands ; but that be hud concerned htm* 
self in it to Father Ferrier. 

" Yet r continued to prosecute and pre*? 
the dissolution of the par hart* en t, detesting all 
prorogations as only so much* lo*s of time, and 
a means of strengthening all those who depend 
up«>n it in opposition to the crown, the interest 
of France and Catholic religion, in the opinion 
they had taken. That our king durst not pert 
with bis parliament; apprehending that ano- 
ther would be much worse. Second rr, That 
he could not livelong without a parrmment,* 
therefore they aunt suddenly meet; and the 



*\ 



STATETTretlAIA 30 Champs II HUB*—/* High TVrtubm 



[4# 



loafer he kept them ©»€£ tbe greater his neces- 
sity wvaW grow » and consequently their 
power 10 m»ke Him do what they listed, would* 
increase accordingly '- trod" therefore, if they 
awM but maintain themselves a while, the 
day would certainty come in a short time, in 
wtieh they thould be oble to work" their wills. 
9och discourses as these Kept the Confederates 
and our Male- contents in heart, and made them 
•either on the war in spite of all our proroga- 
tion*: therefore I pressed (as I hare said) a 
dMsolbrinn until 'February last, when our cir- 
cumstances were so totally changed, that we 
were forced to change our counsels too; and he 
as orach for the parliament's sitting, as we 
were before against it. 

** Our Change was thus : Before that' time, 
the lord Arlington was the only minister in 
credit, who thought himself out of aft danger 
of the parliament ; he having been accused be- 
fore them and justified, and therefore was 
zealous for their sitting; and to increase his 
reputation with ihem, and to become a perfect 
favourite, he sets himself all he coord to perse- 
cute the Catholic religion, and to oppose tbe 
■Reach : To shew his zeal against the first, he 
irrrved some old dormant Orders for prohibit- 
ing Roman Catholics to appear before the 
ktnz, and put th'em in execution at his first 
coming into Ids office of Lord Cham her Iain : 
Abd to make snre work with the second, as he 
thought ; prevailed with the king to give him 
and the eail of Ossory, (who married two sis- 
ters of Mytie Hfcere Odvke's) leave to go over 
a>ro Holland with the said Heere, to make a 
yisi?, as they pretended, to their relations; hut 
indeed, and in troth, to propose the lady Mary, 
eldest daughter of his royal highness, as a match 
foe the prince of Orange ; not only wirhout the 
consent, hut against the good liking of his 
royal h\«hness : Insomuch, that the lord Ar-, 
lingtotrs creatures were forced to excuse 
him, with a distinction, thaf the said lady 
was not to he looked upon as the duke's daugh- 
ter, hot as the king's, and a child of the state 
was, and so the duke's consent not much to be 
considered in the diswsal of her, but only the- 
interest of state. By this he intended to ren- 
der himself the darling of parliament and Pro- 
tcscmnts, who looked upon themselves as se- 
ared in their religion by such an alliance, and 
designed further to draw us into a close con- 
jwaerjou with Holland, and the enemies of 
France. The'lord Arlington set forth upon this 
errand the lOlh of* November. 1674, and re- 
*Or»ied not till the 6th of'Jannarv following? 
XTdrntg hrs absence, the Lord Treasurer, Lord 
Keeper, and the duke of Lauderdale, who were 
the only mini»t*»r* of any considerable credit 
with the king, and who all pretended to be en- 
tirely omted to the Duke, declaimed loudly 
aad with great violence, against the said lord, 
•od bis actions in Holland ; and did hope, in 
n% absence, to bare totally supplanted him, 
**«* to have rooted bim out of the king's fa- 
lOtfr; and after that, thought they might easily 
«0ogh^}ave ddoli with' tbe parliament. But 



none of them had courage enough td speak 
against the' parliament, till they could get rid 
of him*; for fear they should not succeed, and' 1 
that the parliament would 1 sit in spite of tbetn, 
and come to hear that they bad used their em ' 
deavoors against it : which would have been 
so unpardonable a* crime with our Omnipotent/' 
Parliament, that no power could have been 
able- to have saved tbem from punishment: * 
But they finding at bis return, that they could' 
not prevail agatust Irim by such means and arts' ' 
as they had then tried, resolved upon near 
enamels; which were to outrun hid* in hrs 
own course ; which accordingly they under- 
took, and became as fierce apostles, and as' 
zealous for Protestant religion, and against 
Popery, as ever my lord Arlington had been 
before them ; and' in pursuance thereof, per- 
suaded the king to issue out those severe Or- 
ders and Proclamations against* Catholics, ' 
wrfrch came out in February last; by which 
they did as much as iir them lay to, extirpate" 
all Catholics, and Catholic religion; out of the* 
kingdom ; which counsels were in my poor opi- 
nion so detestable, being levelled, as they must 1 
needs be, so directly agaimt the D6ke, by peo- 
ple which lie had Advanced, and who had pro* 
fessed so much doty and service to him, thajtf 
we were put upon new thoughts* how to save* 
bry royal highness now from the deceits aud 
snares of those men upon whom we formerly 
depended. We saw well ertoujjli,. that their 
design "*ns to nrrake themselves -as gratefal as' 
they could* to the parliament; if it must sit;, 
they thinking nothing so acceptable to tbem, 
as the persecution of Popery-; and vet they 
were so obnoxious to the parliament's displea- 
sure in general, that they wo»old have ft>eea 
glad of any expedient to hare kept it oft*;, 
though they durst not engage 'against it openly 
themselves, but thought this device of theirs* 
tmiaht serte for their purposes, hoping the 
Duke would be so alarmed at' their proceed- 
ings, and by his being left bjr every body, that . 
he would be much more afraid of the parlia- 
ment than ever, and ' would use bis utmost 
power to prevent its sitting* which they 
doubted not but he' would endeavour; and 
,they were ready enough to work- underhand too 
for him (for their own sakes; not his), in order' 
■thereunto; but durst not appear openly ; and 
to encourage the Duke the more to endeavour 
the dissolution of the parliament, their crea- 
tures used to say up and d(Wn, That this rigor 
'against the Catholics was in favour of thav 
Duke, and to make a dissolution of the parlia- 
ment more easy, (which they knew he coveted) 
by obviating one great ' objection which was 
commonly made against it, wh.\ch was, That if 
the parliament should be dissolved, it would bo 
said, That it was done in favourr of Popery;, 
which clamour they had prevented beforehand' 
by the severity they had used agai.*ist it. . 
! " As soon as we saw these tricks put upoa 
jii9 we plainly saw, what men we toad to deal' 
withal, and what we had to trust to, if wo 
.were wholly at their mercy : But yet durst nofc 



43] STATE TRIADS, 30 Charles II. 161$.— Trial of Edxoard Coleman, [44 



seem so dissatisfied as we really were, but. 
rather magnified the contrivance, as a device 
of great cunning and skill : All this we did 
purely to hold them in a belief, that we would 
endeavour to dissolve the parliament, and that 
they might rely upon his royal highness for that 
.which we knew tbey longed for, and were 
afraid they might do some other way, if they 
discovered that we were resolved we would not : 
At length when we saw the sessions secured, we 
declared, that we were for the parliament's 
meeting ; as indeed we were, from the moment 
we saw ourselves handled by all the king's 
ministers at such a rate that we had reason to 
believe they would sacrifice France, religion, 
and his royal highness too, to their own interest, 
if occasion served ; and that they w ere led to 
believe, that that was the only way they had to 
save themselves at that time : For we saw no 
expedient fit to stop them in their career of 
persecution, and those other destructive coun- 
sels, but the parliament ; which had set itself 
a long time to dislike every thing the ministers 
had done, and had appeared violently against 
popery, whilst the court seemed to favour it ; 
and therefore we were confident, that the mi- 
nisters having turned their faces, the parliament 
would do so too, and still be against them ; and 
be,as little for persecution then, as they had been 
for popery before. This I undertook to manage 
for the Duke and the king of France's interest; 
and assured M. Rouvigny, which I am sure he 
will testify, if occasion serves, that jhar sessions 
should do neither of them any hurt ; for that 
I was sure I had power enough to prevent mis- 
chief, though I durst not engage for any good 
tbey would do; because I had but very few 
assistances to carry on the work, and wanted 
those' helps which others had, of making friends : 
The Dutch and Spaniard spared no pains or 
expence of money to animate as many as they 
could against France ; our Lord Treasurer, 
Lord Keeper, all the bishops, and such as 
called themselves Old Cavaliers, (who were all 
then as one man) were not less industrious 
against popery, ana had the purse at their girdle 
too ; which is an excellent instrument to gain 
friends with ; and all united against the Duke, 
as patron both of France and catholic religion. 
To deal with all this force, we had no money, 
but what came from a few private bands ; and 
those so mean ones too, that I dare venture to 
say, that I spent more my particular self out of 
my own fortune, and upon my own single 
credit, than all the whole body of catholics in 
England besides ; which was so inconsiderable, 
in comparison of what our adversaries com- 
manded, and we verily believe did bestow in 
making their party, that it is not worth men- 
tioning : Yet notwithstanding all this, we saw 
that by the h?lp of the Nonconformists, as 
Presbyterians, Iudependants, and other sects, 
(who were a<j much afraid of persecution as 
ourselves) and of the enemies of the ministers, 
a&d particularly of the Treasurer ; who by 
that time had supplanted the earl of Arlington, 
and was grown sole manager of all affairs him- 



self, we should be very able to prevent what 
they designed agaiiist us, and so render the 
sessions ineffectual to their ends, though we 
might not be able to compass our own ; which 
were, to make some brisk step in favour of his 
royal highness, to shew the king, that his ma- 
jesty's affairs in parliament were not obstructed, 
by reason of any aver- ion they had to his royal 
highness's person, or apprehensions they had 
of him, or his religion ; but from faction and 
ambition in some, and from a real dissatisfac- 
tion in others, that ue have not had buch fruits 
and good effects of those great sums of money 
which hare been formerly given, as was expect- 
ed. If we could then have made hut one such 
step, the king would certainly have restored 
his royal highness to all his commissions ; 
upon which he would have been much greater 
than ever yet he was in his whole life, or could 
probably ever have been by any other course 
in the world, than what he had taken of be- 
coming catholic, &c. And we were so very 
near gaining this point, that I did humbly beg 
his royal highness to give me leave to put the 
parliament upon making an Address to the 
king, that his majesty would be pleased to put 
the fleet into the hands of his royal highness, 
as the only person likely to have a good account 
of so important a charge as that was to the 
kingdom ; and shewed his royal highness such, 
reasons to persuade him that we could carry it, 
that he agreed iviib roe in it, that he believed we 
could. Yet others telling him how great a 
damage it would be to him, if he should miss 
in such an undertaking (which for my part I 
could not then see, nor do I yet)," he was pre- 
vailed upon not to venture, though he was per- 
suaded he could carry it. I did communicate 
this design of mine to M. Rouvigny, who agreed 
with me, that it would be the greatest advantage 
imaginable to his master, to have the Duke's 
power and credit so far advanced as this would 
certainly do, if we could compass it : I shewed 
him all the difficulty we were like to meet with, 
and what helps we should have ; but that we 
should want one very material one, money, to 
carry on tbe work as we ought ; and therefore 
I do confess, I did shamefully beg his master's 
help, and would willingly have been in ever* 
lasting disgrace with all the world, if I had uot 
with that assistance of 20,000/. sterling, which 
perhaps is not tbe tenth part of what was spent 
on the other side, made it evident to tbe Duke, 
that he could not have missed it. M. Rou* 
vigny used to tell me, That if he could be sure 
of succeeding in that design, his master would 
give a very much larger sum, but that he was 
not in a condition to throw away money upon 
uncertainties. I answered, That nothing of 
that nature could be so infallibly sure, as not 
to be subject to some possibilities of failing ; 
but that I durst venture to undertake to make 
it evident, that there was as great an assurance 
of succeeding in it, as any husbandman can 
have of a crop in harvest who sows his ground, 
in its due seasoo ; and yet it would be counted a. 
very imprudent piece of wariness in any body, 



45] 



STATE TRIALS, 30Charlb* II. 1678— /or High Treaton. 



[46 



to scrapie Che venturing of so ranch seed in its 
proper time, because it is possible it may be 
totally lost; and no benefit of it found in har- 
vest : he that minds the winds and the rains at 
that rate, shall neither sow nor reap* I take 
oar case to be much the same as it was the last 
sessions : If we can advance the Duke's inte- 
rest one step forward, we shall put him oat of 
the reach of chance for ever ; for he makes 
such a figure already, that cautious men 
do not care to act against him, nor always with- 
out him, because they do not see that he is 
much outpowered by his enemies; yet is he not 
at such a pitch, as to be quite out of danger, or 
free from opposition : But if he could gain any 
considerable new addition of power, all would 
come over to him as the only steady center of 
oar government, and nobody would contend 
with hhn farther. Then would catholics be 
at rest, and his most Christian majesty's inte- 
rest secured with as in England beyond all ap- 
prehensions whatsoever. 

" In order to this* we have two great Designs 
to attempt this nest sessions. First, tWt which 
we were about before, viz. To put the parlia- 
ment upon making it their humble request to 
the king, that the Fleet may be put into his 
royal bigbuess's care. Secondly, to get an Act 
for general Liberty of Conscience. I f we carry 
these two, or either of them, we shall in effect 
do what we list afterwards; and truly, we think 
we do not undertake these great points very un- 
reasonably, but that we have good cards for our 
game ; not bat that we expect great opposition, 
and have -great reason to beg all the assistance , 
we can possibly get ; and therefore, if his most 
Christian majesty would stand by us a. Ihtle in 
this conjuncture, and help us with such a- sum 
as 20,000/. sterling (which is no very great mat- 
ter to venture npon such an undertaking as this), 
I would be content to be sacrificed to the ut- 
most malice of my enemies, if I did not succeed. 
I have proposed this several times to M. Rou- 
vigny, who seemed always of my opinion ; and 
has often told me, that he has writ into France 
upon this subject, and has desired me to do the 
fake: bet I know no.t whether he will be as zea- 
lous in that point <fs a Catholic would be ; be- 
cause our prevailing in these things would give 
the greatest blow to the Protestant religion 
here, that ever it received since its birth ; which 
perhaps" he would not be very glad to see; espe- 
cially when he believes there is another way of 
doing his master's business well enough without 
k; which is by a dissolution of the parliament; 
upon which I know he mightily depends, and 
concludes, tbat if that come to be dissolved, it 
will be as much as he needs care for ; proceed - 
hit perhaps upon the same manner of discourse 
which we had this time 12 months. But with 
submission to bis better judgment, I do think 
that oar case is extremely much altered to what 
k was, in relation to a dissolution ; for then the 
body of oor governine ministers (all but the earl 
at Arlington) were entirely united to the duke ; 
aad woatd have governed his way, if they had 
been free from all fear and controul, as they 



had been, if, the parliament had been removed* 
But they having siuce tbat time engaged in 
quite different counsels, and .embarked them* 
selves and interests upon other bottoms, having 
declared themselves against popery, &c. To 
dissolve the parliament simply, and without any 
other step made, will be to leave them to go- 
vern what way they list, which we have reason 
to suspect will be to the prejudice of Franca 
and Catholic religion. And their late declarsv* 
tions and actions nave demonstrated to us^ tbat 
they take that for the most popular way for 
themselves, and likeliest to keep them in abso- 
lute power ; whereas, if the duke should once 
get above them (after the tricks they have play* 
ed with him) they are not sure he will totally 
forget the usage he has had at their hands : 
therefore it imports us now to advauco our in- 
terest a little further, by some such project as I 
have named, before we dissolve the parliament; 
or else, perhaps, we shall but change masters (a 
parliament for ministers), and continue still in 
the same slavery and bondage as before. Bot 
one such step as I have proposed, being well 
made, we may safely see them dissolved, and 
not fear the ministers ; but shall be established, 
and stand firm without any opposition ; for 
every bod v will then come over to us, and wor- 
ship the rising sun. 

■ " I have here given you the history of three 
years, as short as I could, though I am afraid it 
will seem very long and troublesome to your 
reverence, among the multitude of affairs you 
are concerned in : I have also shewn you the 
present state of our case, which may (by God's 
providence, and good conduct) be made of such 
advantage to God's church ; that for my part. I 
can scarce believe myself awake, or the thing 
real, when I think on a prince in such an age 
as we live in, converted to such a degree of zeal 
and piety, as not to regard any thing in the 
world in comparison of God Almighty's glory, 
the salvation of his own soul, and the conver- 
sion of our poor kingdom ; which has been a 
long time oppressed, and miserably harassed 
with heresy and schism. I doubt not but yoar 
reverence will consider our case, and'take it to 
heart, and afford us what help you can; both 
with the king of heaven, by your holy prayers-, 
and with his most Christian majesty, by that 
great credit which you most justly have with 
him. And if ever his majesty's affairs (or your 
own) can want the service of so inconsiderable 
a creature as myself, you shall never find any 
body readier to obey your commands, or faith- 
fuller in the execution of them, to the best of 
his power, than your most humble and obedient 
servant." ' 

Att. Gen. That I may make things clear, 
as much as possible ; you see, here is a letter 
prepared to be sent, writ with Mr. Coleman's 
own hand, to M. la Chaise: This letter bears 
date the 29th of September. We have an An- 
swer to it from Paris, October 23, whereby M. 
la Chaise owns the receipt of this: and, in this 
Answer is expressed thanks to Mr. Coleman for 
his long Jetter. Sir Robert, Fray tell how you 
came by this Letter. 



fltfj STATE TRIAI& 30 OuitftES II. l&l$.-~Trial tf Edward Cokman, £48 

which we have given most signal testimonies, 
even' to the stripping ourseif of many royal pre- 
rogatives which our predecessors enjoyed, and 
were our undoubted due; as the court of 
wards, purveyances, and other things of -great 
value; and denying to ourseif many ndvnn* 
tages, which we might reasonably and legally 
ha«e taken by the forfeitures made in the times 
of rebellion, and the great revenues doe to the 
Church at our return, which no particular pen* 
son had any right to; instead of which, we 
consented to nn act of oblivion of all those 
barbarous usages which our > royal father and 
ourseif had met withal, much more full and 
gracious than almost any of our subjects, who 
were generally become in some measure or 
other obnoxious to the laws, had confidence t* 
ask ; and freely renounced all our title to the 
profit which we might have made by the church 
lands, in favour of our bishops and otlier ec- 
clesiastical ministers, out of our zeal to the 
glory of our Protestant Church; which cle- 
mency towards all, and some even high offen- 
ders, and zeal for religion, we have to this day 
constantly contioued to exercise. Considering 
all this, we cannot but be sensibly afflicted to 
see, that the frowaidoess of some few tumul- 
tuous heads should be able to infect our loyal 
and good people with apprehensions destructive 
of their own, and the general quiet of our king- 
dom; and more especially, tlieir ptrversneat 
should be powerful enough to distract our very 
parliament, and such a parliament, as has given 
us such testimonies of its loyalty, wj»dt>oi, and 
bounty, and to which we have given as mans; 
marks of our affection and esteem, so as to 
make them misconstrue ail our endeavours for 
to preserve our people in ease and prosperity, 
and against all reason and evidence to repre- 
sent them to our subjects as arguments of fear 
aud disquiet; and under these specious pre- 
tences of securing property and religion, to de- 
mand unreasonable tilings, manifestly destruc- 
tive of what they would be thought Co arm at ; 
and from our frequent condescensions, out ef 
our mere grace, to grant them what we con- 
ceived might give them satisfactian, though tt> 
the actual prejudice vf our .royal prerogative, 
to make tlietu presume to propose to advance 
such extravagancies into laws, as they them- 
selves have formerly declared detestable ; of 
which we cannot forbear to give our truly loyal 
subjects some instances, to undeceive our 
innocent and well- minded people, who have 
many of them of late been too easily misled, 
by the -factious endeavours of gome turbulent • 
spirits. For example, We having judged it 
necessary to declare war against the States of 
Holland, during a recess of parliament, which 
we could not defer longer, without losing an 
advantage which then presented itself, nor bane 
done sooner, without exposing our honour to -a 
potent enemy without due pfeparati'tn, we 
thought it prudent to unite all our mbjeets at 
home, and did believe a general indulgence «f 
tender consciences* the most proper expedient 
to effect it; *nd tberefoiedid by oar authoriry 



Sir 'Bon. tioutJiamlL I found this Letter in 
Air. Coleman's .canvas hag; ailer .we had once 
-looked over the letters, we found it: -sir Philip 
Xloyd examined it; and we looked over those 
.papers very exactly. Because the House of 
^Commons wire very much concerned, and 
thought those papers were not thoroughly exa- 
. mined, I reviewed tbem again. This Letter 
.was found on Sunday following after the papers 
avere seized 

AM. Gen. Sir Robert Southwell, I pray lead 
•the Letter in French first to the court. Sir 
Robert having read the letter in French, Mr. 
Attorney desired him to read it in English. Sir 
•Robert read it in English : The letter was dated 
Paris, Oct. 23, 1675. And subscribed, " Your 
most humble and obedient Servant, D. L. C." 
at the bottom. 

The Letter. 

" Sir ; " From Paris, Get. *3, 1675. 

€i The letter which you gave yourself the 
trouble to write to me, came to my hands but 
the last night, I read it with great satisfac- 
tion ; -and I aisure you, that its length did not 
make it seem tedious. I should be very glad 
on my part to assist in seconding your good 
intentions; I will consider of the means to 
effect it ; and wheu I am better informed than 
I am as yet, I will give you an account : to the 
end I may hold intelligence with you, as you 
did with my predecessor. I desire you to be- 
lieve that I will never- fail as to my good will, 
for the service of your master, whom I honour 
as much as he deserves ; and that it is with 
great truth that I am your most humble and 
most obedient Servant, " D. L. C." 

Att. Gen. We made mention of a Decla- 
ration : By his long narrative it plainly ap- 
pears, that Mr. Coleman would have had ano- 
ther parliament. And the reason why he was 
' pleased to publish a Declaration, was, thereby 
to shew the reasons for its dissolution. Sir 
Philip Lloyd, did you find this writing among 
Mr. Coleman's papers ? 

Sir P. X. 1 did find ft among his papers. 

Att. Gen. Pray read the Declaration. 

Clerk of the Crown reads the Declaration. 

The Declaration which Mr. Coleman pre- 
pared, thereby shewing his lieasons for 
the Dissolution of the Parliament. 

" We having taken into our serious consi- 
deration the heats and animosities which have 
of late appeared among many .of our ^ery loyal 
and laving subjects of this kingdom, end the 
many fears and jealousies which some of them 
aeem to lie under, of having their .liberties and 
properties invaded, or their seugion altered; 
and withal, carefully 'reflecting upon our own 
government since our .happy fteatoratiiui, and 
.the end and aim of it, which has aUrays been 
the ease and security of our people in all their 
eights, and advancement of ike beauty and 
etuender of the true Protestant religion esta- 
hhshfd in lh* Churob x>f £nglaad; of both 



«\ 



STATS TRIALS, SO Chaju.es IL 1678.^/br H$k Treaton. 



f30 



want we 



*rh*nh 

did, 




thought sufficient to 
Buepeud penal laws 
tnatt dissenter* in religion, upon conditions 
ssstcntd in oar Declaration* out of reason of 
late, as well aa to gratify our owa nature, 
abrcb always, we confess, abhorred rigor, espe* 
dally in tengpou, when tenderness might be as 
nefui. After we hod engaged in the war, we 
p ro rogue d one parliament front April to Octo- 
ber, being cooudent we should be able by that 
to shew our people such success of our 
as should make them cheerfully contri* 
bote to oar charge. At October we could 
sate shewn them success even beyond our own 
James, or what they could poasiUy expect ; our 
enemies having lost by that time, near 100 
strong towns and forts, taken in effect by us, 
we holding them busy at sea, whilst our allies 

Ives? of their land*, with little 
and of which, (he great ad* 
rould most visibly have been ours, had 
•at the sends we now complain of, which have 
since unhappily started, and factiously 
by some few, disunited our people, 
oor councils, and rendered our late 
ivoonV vain- and fruitless ; so that we had 
in to doubt of our people's ready and 
roncarrence to our assistance in that 
ooajttactore. Yet our enemies proposing to ns 
at that time a treaty for peace, which we were 
ahvays ready to accept upon honourable terms ; 
esd considering with oiirseif, that in case that 
tieaty succeeded, a for less sum of money 
would serve our occasions, than otherwise 
woeJd he necessary : We, out- of oor tender 
segprd to the ease of oar people, prorogued our 
it again to February, to attend the 
of oax treaty, rather than to demand 
in October, as would be fit to 
carry aa rise war. But we soon finding that 
did not intend us any just satis- 
a necessity of prosecuting the war, 
w desi gned to do most vigorously ; and 
ta aider to it, resolved to press our parliament 
co ■■paly no as speedily as may be, to enable 
aa to pat our fleet to sea early in the spring, 
wnicei would after, their meeting grow on apace. 
And being informed that many members were 
dead daring the long recess, we issued out our 
writ* lor new elections, that oar House of Com- 
be full at the first opening of the 
_ to prevent any. delay in our public at- 
or dislike in pur people, as might possibly 
riteo from the want of so great a number 
of their representatives, if any thing of moment 
aJseaid be concluded before it had been supplied. 
saariae; governed our actions all along with snch 
caretaT respect to the ease of our subjects, we 
at rJse meeting of our parliament in February 
!£?£, expected from them some suitable. ex- 
of their sense of our favours ; btft 
r, found ourself alarmed with cto- 
complaints from several cabals against 
sfl om* procexdiagt, frightim* tattia of oor good 
■■sytMjta kuoatzana* a*aceii» brwhiuvthey. roust 
Jstksnr, by th«t> «euidoas and faJse construe* 
oaue/what we bwrf?S* candwlry aaai'«0ccssty 

?Ol» T1U 






done for their good; and surprised wit* a vote? 
of our House of Commons, against our writs* 
of ejections, which we intended for their satis- 
faction*, against many precedents of ours, or 
without any colour of law of their side^ denying 
our power to issue out such writs addressing to 
us to i*sue out oihers : which we consented to do 
at their request, choosing rather to yield to our 
subjects in that point, than to be forced to sub- 
mit to our enemies in others ; hoping that our 
parliament being sensibly touclied with that oar 
extraordi nary condescension, wo uldgo on to con* 
sider the public concern of the kingdom, with* 
out any further, to do: but we found another use 
of our so easy compliance, which served to en- 
courage them to ask more ; soi hat 8900 aftferwe 
found our declaration for indulging tender con- 
sciences arraigned and voted illegal; though wo 
cannot to this day understand the coosisteaeiee 
of that vote, with our undoubted supremacy id ait 
ecclesiastics, recognized by so many acts ofnar- 
liament, and required to be sworn to by oil our 
subjects* and addresses made to 0s one al tier aso* 
titer to recal it, which we condescended to also; 
from hence they proceeded to us to weaken 
ourself in an actual war, and to render many* 
of our subjects, of whose loyally and ability wn 
were well satisfied, incapable to $erve ns, whets 
we wanted officers and soldiers, and had reason 
to invite as' many experienced men as we eouM 
to engage in our arms, rather than to ittcepa* 
citate or discourage any ; 'yet this also we gra- 
tified them in, to gain tlieir assistance against 
our enemies, who grew high by these our dif- 
ferences, rather than expose our country, to 
their power and fury; hoping that in thneioor 
people would be confounded to see our coades* 
sions, and be ashamed of their errors in making 
such demands. But finding the unfortunate 
effects of our divisions the following summer, 
we found our parliament more extravagant at 
the next meeting than erer, addressing to us to 
binder the consummation of our dear brother's 
marriage, contrary to the law of God, waiob 
forbiddeth any to separate any whom he hath 
j oined* against our faith and honour engaged in 
the solemn Treaty, obstinately persisting in that 
Address, after we had acquainted then), that 
the marriage was then actually ratified, and that 
we had acted in it by our ambassador ; so that 
we were forced to separate them for a while, 
hoping they would bethink themselves better 
at their meeting in January. Instead of being 
more moderate, or ready to consider our want*, 
towards the war ; they voted, as they had done 
before, not to assist us still, until their religion- 
were effectually secured against popery, ag*. 
grievances redressed, and all obnoxroas men 
removed from us ; which we bad reason to take 
for an absolute denial of all aid; considering the* 
indent] iteness of what was to proceed*, and the 
moral impossibility of effecting it in their senses > 
for when will they say their religion isefiboteally 
secured from popery, if it were in danger then^ 
by reason of the insolency of papists ; when 
our House of Commons, which is made np 06 
members from every corner of our kingdom* 
E 



51) STATE TRIALS, 30 Charles II 1678.-7™/ qf Edward Coleman, [52 



with invitations publicly posted up to all men 
to accuse theui, has not yet in so tnanj years 
as they have complained of them, been able to 
charge one single member of that communion, 
' with so much as a misdemeanor? Or what se- 
curity could they possibly expect against that 
body of men, or their religion, more then we 
had given them ? or how can we hope to live 
so perfectly, that study and pains may not make 
a collection of grievances, as considerable as 
that which was lately presented to us, than 
which we could not have wished for a better 
vindication of our government? or when shall 
we be sure that all obnoxious men are re- 
moved from us, when common fame thinks fit 
to call them so ; which is to every body, with- 
out any proof, sufficient to render any man ob- 
noxious, who is popishly affected, or any thing 
else that is ill, though tliey have never so often 
or lately complied with their own tests, and 
marks of distinction and discriminations? find- 
ing our people thus unhappily disordered, we 
taw it impossible to prosecute the war any 
longer; and therefore did by their advice make 
a peace upon such conditions as we could get ; 
hoping that being gratified in that darling point 
they would at least have paid our debts, and 
enabled us to have built some ships for the fu- 
ture security of our honour, and their own pro- 
perties ; but they being transported with tlieir 
success in asking, were resolved to go on still 
that way) and would needs have us put upon 
the removing of our judges from those charges, 
which they have always hitherto held at the 
will and pleasure of the crown, out of our pow- 
er to alter the ancient laws of trying of peers, 
and to make it a premunire in our subjects (in 
a case supposed) not to fight against ourself; 
nay, some had the heart to ask, that the here- 
ditary succession of our crown (which is the 
foundation of all our laws) should be changed 
into a sort of election, they requiring the 
heir to be qualified with certain conditions 
to make him capable of succeeding; and 
outdoing that Popish doctrine, which we 
have so long and so loodly with good reason 
decried, that heresy incapacitates kings to 
reign. They would have had, that the heir of 
the crown, marrying a papist, though he con- 
tinued never so orthodox himself, should forfeit 
his right of inheritance ; not understanding this 
paradoxical way of securing religion by destroy- 
ing it, as this would have done that of the 
church of England, which always taught obe- 
dience to their natural kings, as an indispen- 
sable duty in all good christians, let the reli- 
gion or deportment of their prince be wliat it 
wjU ; and not knowing how soon that impe- 
diment, which was supposed as sufficient to 
keep out an heir, might be thought as lit to 
removo a possessor: And comparing that bill 
which woukl have it a premunire in a sheriff 
not to raise the Pone Comitatui, against our 
commission in a case there supposed, though 
we ourself should assist that our commission in 
oar person : For not being excepted is implied 
w ith the other made by this very parliament in 



the 14th year of our reign, which all our sub- 
jects, or at least many ofthem, were oWliged to 
swear (vis. That the doctrine of taking up arms 
by the king's authority, agaiust bis person, was) 
detestable) ; and we soon found that the design 
was levelled against the good Protestant reii* 
gion of our good church, which its eoemies had 
a mind to blemish, by sliding in slily those 
damnable doctrines, by such an authority as 
that of our parliament, into the profession of 
our faith or practices, and so expose our -whole 
religion to the scoru and reproach of them* 
selves, and ail the world : We therefore thought 
it our duty to be so watchful as to prevent the 
enemies sowing such mischievous tares as these, 
in the x wholesome field of our church of Bng* 
land, and to guard the unspotted spouse of oar 
blessed Lord from that foul accusation with 
which she justly charges other churches, of 
teaching their children loyalty, with so many 
reserves and conditions, that they shall never 
want a distinction to justify rebellion ; nor a 
text of scripture, a» good as Curse ye Meroc, 
to encourage them to be traitors : Whereas oar 
truly reformed church knows no such sub tH ties; 
but teaches according to the simplicity of Chris- 
tianity, to submit to every ordinance of man for 
God's sake, according to the natural signification 
of the words, without equivocation or artificial 
turns. In order to which, having thought to 
dissolve that body, which we have these many 
years so tenderly cherished, and which we are 
sure consists generally of most dutiful and loyal 
members, we were forced to prorogue our par- 
liament till November next, hoping thereby to 
cure those disorders, which have been sown 
among the best and loyalest subjects by a lew 
malicious incendiaries. But understanding 
since, that such who have sowed that seditions 
seed, are as industriously careful to water it by 
their cabals, and emissaries, instructed on 
purpose to poison our people with discourses in 
public places, in hopes of a great crop of con* 
fusion, their beloved fruit, the next sessions; 
we have found it absolutely necessary to dis- 
solve our parliament, though with great retuct- 
ancy and violence to our inclination : But re- 
membering the days of our royal father, and 
the progress of affairs then, how from a cry 
against popery the people went on to complain 
of grievances, and against evil counsellors and 
his majesty's prerogative; until they advanced 
into a formal rebellion, which brought forth the 
most direful and fatal effects that ever were yet 
heard of amongst any men, christians or others ; 
and withal, finding so great a resemblance 
between the proceedings thenand now, that they 
seem both broth of the same brains i And being 
confirmed in that conceit,, by observing the ac- 
tions of many now, who bad a great share in 
the former rebellion, and their seal for religion 
who by their lives gave as too much reason to 
suspect they have none at all ; we thought it 
not sale to dally too long, as our Uoyal Father 
did, with submissions and condescensions, en* 
deavouring to cure men infected, without re- 
moving them from the air where they got the 



*J 



STATE TttlALS, 50 Chari.es II. itfTS.-^br High Treason. 



M 



disease, and io which it still rages and increases 
daily. For fear of meeting with no better 
success than be found io suffering bis parlia- 
ment to challenge power they bad nothing to do 
with, till they bad bewitched the people into 
sond desires of such things as quickly destroyed 
both kins* and country, which in us would [be] 
an intolerable error, having been warned so late- 
ly by the most execrable murder of our Royal 
Father, and the inhuman usage which we our 
self in our royal person and family have suffer- 
ed, and our loyal subjects have endured, by 
soch practices ; and Jest this our great care of 
this oar kingdom's quiet, and our own honour 
and safety, should, as our best actions hi then o 
have been, be wrested to some sinister sense 
and arguments be made frum it to scare our 
tpod people into any apprehensions of an ar- 
bitrary government either in church or state: 
We do hereby solemnly declare and faithfully 
engage our royal word, that we will in no case 
either ecclesiastical or civil, violate or alter the 
known la«s of our kiogdom, or invade any 
sun's property or liberty without due course 
of a\w : But that we will with our utmost en- 
deavours preserve the true Protestant Religion, 
sad redress all such things as shall indifferently, 
and without passion, be judged grievances by 
our next parliament, which we do by God's 
blessing intend to call before the end of Fe- 
bruary next. Io the mean time we do strictly 
charge and command all manner of persons 
whatsoever, to forbear to talk seditiously , 
shgbdj or irreverently of our dissolving of the 
parliament, of this our declaration, or of bur 
person or government, as they will answer it 
at their perils ; we being resolved to prosecute 
all offenders in that kind with the utmost rigour 
aad severity of the law. And to the end that 
soch licentious persons, if any shall be so im- 
nodent and obstinate as to disobey this our 
royal command, may be detected and brought 
to doe punishment, we have ordered our Lord 
Treasurer to make speedy payment of twenty 
poaads to any person or persons who shall dis- 
cover or bring any such seditious, slight or 
irreverent talker before any of our principal 
secretaries of £tate.' f 

Recorder. I would have the jury should 
know the Declaration ends, "To one of his 
majesty's principal secretaries of state;' where- 
of be hoped to be one. 

Ait. Gen. This is written in the name of 
the king; for Mr. Coleman thought himself 
now secretary of state, and he pens the Decla- 
ration, for. the king to give an account why the 
parliament was dissolved. 

Serj. Mnynard. The long letter, it appears, 
was to dissolve the parliament ; and to make 
it cock-sure, be provides a Declaration to shew 
the reason of it : it was done in order to bring 
jb popery ; that may appear by the subsequent 
proof. 

Ait. Gen. I have other evidence to offer to 

soar lordship, which is, That Mr. Coleman was 

'sot only to bold as to prepare a Declaration for 



the king, but also out of his own further inge* 
nuity, prepares a Letter (contrary to the duke a 
knowledge; for the duke, which before several 
Lords he confessed ; and sir Philip Floyd is 
here ready tojustify it. 

Sir PhHip Floyd. I did attend a Committee 
of the House of Lords to Newgate, who exa- 
mined Mr. Coleman, and told him of the letter 
Mr. Attorney mentioneth ; he then confessed, 
that it was prepared without the order and pri- 
vity of the duke ; and when he was so bold. as 
to shew it the duke, the duke was very angry 
and rejected it. 

L. C. J. He hath been a very forward un- 
dertaker on the behalf of the duke. 

Att. Gen. I desire the Letter may he read. 

The Copy of the Letter written to M. La Chaise 
the French kings Confessor; which Mr, 
Coleman confessed he himself wrote and 
counterfeited in the duke's name. 

Clerk of the Crown reads the Letter. 

" The 2d of June last past, his most christian 
majesty offered me most generously his friend- 
ship, and the use of his purse, to the assist- 
ance against the designs of my enemies and 
his; and protested unto me, that his interest 
and mine were so clearly linked together, that 
those that opposed the one, should be looked 
upon as enemies to the other ; and told me 
moreover his opinion of my lord Arlingtou, 
and the parliament ; which is, That he is of 
opinion that neither the one nor the other is 
in his interest or mine : And thereupon he de- 
sired me to make such propositions as I should 
think fit in this conjuncture. 

" All was transacted by the means of Fa- 
ther Ferrier, who made use of Sir William 
Throckmorton, who is an honest man, and of 
truth, who was then at Paris, and had held cor- 
respondence with Coleman, one of my family, 
in whom I have great confidence. 

" I was much satisfied to see his most chris- 
tian majesty altogether of my opinion, sol made 
him answer the 29th of June, by the same 
means he made use of to write to me, that is, 
by Coleman, who addressed himself to Father 
Ferrier (by the forementioned knight), and en- 
tirely agreed to his most christian majesty, as 
well to what had respect to the union of oar 
interests, as the unusefulness of my lord Arling- 
ton, and the parliament, in order to the ser- 
vice of the king my brother, and his most chris- 
tian majesty ; and that it was necessary to 
make use of our joint and utmost credits, te 
prevent the success of those evil designs, re- 
solved on by trie lord Arlington and the pas* 
liament, against his most christian majesty 
and myself; which, of my side, I promise 
really to perform : of which, since that time, 
I have given reasonable good proof. 

" Moreover I made some proposals, which I 
thought necessary to bring to pass what we 
were obliged to undertake, assuring him, That 
nothing could so firmly establish our iu^rcst 
with the king my brother, as that very tame 



iS) STATE TRIALS, 36 Chakles II. 1676 — Trial tfEdxoord Coleman, (J5G 

Offer of the help of his purse; by" which 1 
*neans-I had ranch reason to hope I should he 
enabled to persuade to the dissolving of the 
parliament, and to make void the designs of 
my lord Arlington, who works incessantly to 
advance the interest of the prince of Orange 
and the Hollanders; and to lessen that of the 
khig your master, notwithstanding all the pro- 
testations he bath made to this hour to render 
him service. 

" Bnt as that, which was proposed, was at a 
stand by reason of the sickness of Father Fer- 
rier, so our affairs suceeried not according to 
Onr designs ; only Father Ferrier wrote to roe, 
the 15th of the hit tnonth, That he had com- 
municated those propositions to his most chris- 
tian majesty, and that they had been very well 
liked or; bat as they contained things that had 
regard to the catholic religion, and to the offer 
and use of his purse, he g:ue me to understand 
he did not desire 1 should treat with M. Riu- 
▼igny upon the first, but c* %o the last, and had 
the same time acquainted me, that M. Kouvigny 
had order to grant mc whatsoever the conjunc- 
ture of our affairs did require ; and have ex- 
pected the effects of it to this very hour: But 
nothing being done in if, and seeing, on the 
other hand, that my lord Arlington and seve- 
ral others endeavoured by a thousand deceits 
to break the good intelligence which is between 
the king my brother, his most christian majesty, 
and myself, to the end they might deceive us all 
three-; i have thought fit to advertise you of 
all that is past, and desire of you your assist- 
ance and friendship to prevent the rogueries 
of those, who have no other desim than to be- 
tray the concerns of France and England al*o, 
and who by their pretended service are the oc- 
casion they succeed not. 

" As to any thing more, I refer you to u'r 
William Throckmorton, and Coleman, whom I 
have commanded to give an account of the 
whole state of our affair, and of the true con- 
dition of England, with many others, and prin- 
cipally my lord Arlington's endeavours, to re- 
present to you quite otherwise than it is. 

" The two fi-st I mention to you are firm to 
rav interest, so that you may treat with them 
without any apprehension." 

Serj. Maynard. Gentlemen of the Jury, pray 
observe that he takes upon him to prepare a 
letter, and that in the duke's name, but con- 
trary to the duke's knowledge or privacy ; for 
When he had so much boldness as to tell him of 
it, the duke was angry, and rejected it. But m 
it we may see what kind of passages there are, 
he takes very much upon him in this matter. 
And Mr. Coleman must keep the secret too. 

Att. Gen. My Lord, I liare but one paper 
more to read, and I have kept it till the la:* ; 
fceeause if we had proved nothing by witnes- 
ses, or not read any thing but thib, this one let- 
ter is sufficient to maintain the charge against 
tifm : It plainly appears to whom it was directed 
and at what time. It begins thus (I sent Your 
reverence a tedious long letter on our 49th of 
fpptember), I paly mention this, to shew 



about what time it was sent. There are som£ 
elauses hrit will speak better than I can. Sir 
Thomas Doleman and air Philip Floyd' swear 
he hath confessed and owned it to be his hand- 
writing. 1 desire the letter may be read. 

Clerk of the Crown reads the JUtter. 

" Sir; I sent jour reverence a tedious long 
letter on our 29th Sept. to inform you of the 
progress of affairs for these two or three last 
years; I having now again the opportunity of A 
very sure hand to convey this by, T have sent 
you a cypher, because our parliament now) 
drawing on, I may possibly nave occasion to 
send you something which you may be willing 
enough to know, and may be necessary for us 
that you should, when wc may want the co ri- 
ven iency of a messenger. When any thing 
occurs of more concern, other than which may 
not be fit to be trusted even to a cypher alone, 
I will, to make such a thing more secure, write 
in lemon between the lines of a letter, which 
shall have nothing in it viable, but what I care 
not who sees, but dried by a warm fire, shaft 
discover what is written ; so that if the letter 
comes to your hand*, and upon drying it any 
thing appears more than did before, you may 
be sure no body has seen it hy the way. I will 
not trouble you with that way of writing, bu£ 
upon special occasions, and then I will give 
you a hint to direct you to look for it, by con- 
cluding my visible letter with something of fire^ 
or burning, by which mark you may please t<» 
know, that there is something underneath, and 
how my letter is to be used to find it out. 

" Wc have here a mighty work upon our 
hands, no less than the conversion of three 
kingdoms, and by that perhaps the utter sub- 
duing af a pestilent heresy, which has domi- 
neered over great part of this Not them world 
a long time; there were never such hopes of 
( success since the death of our queen Mary, as 
now in our days: When God has given us .a 
prince, who is become (may I say a miracle) 
zealous of being the author and instrument of 
so glorious a. work; but the opposition we are 
sure to «nert v. ith, is aUo like to he great : So 
that it imports us to get all the aid and assist- 
ance we can, for the harvest is great, and the 
labourers but few. That which we rely upon 
most, next to God Almighty's providence, and 
the favour of my master the Duke, is the mighty 
mind of his most Christian majesty, whose ge- 
nerous soul inclines him to great undertakings, 
which being managed by your reverences 
exemplary piety and prudence, will certainly 
make him .look upon this as most suitable to 
himself, and best becoming his power and 
thoughts ; so that I hope you will pardon me, 
if I be very troublesome to you upon this occa- 
sion, from whom I expect the greatest help we 
can hope for. I must confess I think his Chris- 
tian majesty's temporal interest is so much at- 
tracted to that of his royal highness (which 
can never be considerable, hut upon the growth 
and advancement of the catholic religiou) that 
his ministers cannot give him better advice, 



m 



STATE TRTAUg, 30 



II. I67%.~jkr Higlk Trea*M. 



(» 



even in a politic seme, sfestrectmsz from the 
cowideratrons of the next world, that of oar 
blessed Lord, ' to seek first the kingdom of 
* beaveo, and the righteousness tbeieo^that all 
' other things may be added onto him/ That 
{know his most Christian majesty has mora 
powerfhl motives suggested to him by his own 
devotioo, and your reverence's seal tbr God's 
dory, to engage htm to afford os the best help 
be can m our present circumstances. But we 
are a little unhappy in this, that we cannot press 
his majesty by his present minister here upon 
these Utter arguments (which are most strong), 
hat only upon the first, Mr. Rouvigny's sense 
sad ours differing very much upon them, 
though we agree perfectly upon the rest : And, 
indeed, though be be a very able man, as to hit 
master's service, in things where religion is not 
concerned ; yet I believe it were much more 
happy (considering the posture he is now in), 
that his temper were of such a sort, that we 
might deal defer! y with him throughout, and 
not be forced to stop short in a discourse of 
csBteqaeace, and leave the most material part 
oat, because we know it would shock his par- 
ticular opinion, and so perhaps meet with dis- 
fte and opposition, though never so necessary 
to the main concern. I am afraid we shall find 
too much reason for this cam plaint in this neat 
session of parliament ; For had we had one 
here from his most Christian majesty, who had 
taken the whole business to heart, and who 
wouM have represented the state of our case 
truly, as it is, to his master, 1 do not doubt but 
ha most Christian majesty would have engaged 
bboseif farther iu the affair than at present I 
fear be has done, and by bis approbation have 
pea such coons*- 1* as have been offered to his 
TDjal highness bj those few catholics who 
have access to him, and who are bent to serve 
fcua tad advancer the catholic religion with all 
$eir miglit, and might have more credit with 
fen royal highness than i fear they have 
fcood, and have assisted them also with his 
parse as far as 10,000 crown9, or some such 
Mm (which to him is very inconsiderable, but 
would have been to them of greater use than 
can be imagined), towards gaining others to 
help them, or at least not to oppose them. If 
*e bad been so happy as to have had his most 
Christian majesty wtth us to this degree, I would 
bare answered with my life for such success 
thn ttsuons, as would have put the interest of 
the catholic religion, his royal highness and 
bniaost Christian majesty, out of all danger for 
the time to come. Bat wanting those helps of 
nxonunending those necessary counsels, which 
bate been given his royal highness in such 
manner as to make him think them worth his 
accepting, and fit to govern himself by; and of 
those airvantaces, which a little money, well 
managed, would have gained us; I am afraid 
*e shall not be much better at the end of this 
sessions than we are now. I pray God we do 
tot lose ground. By my next, which will be 
ere long,%sball be able to tell your reverence 
•ore particularly, what we are like to expect. 



In the mean tine i most humbly beg «oer holy 
prayers for ell our undertakings, and that you 
will be pleased to honour me so far an to utter m 
me what I am entirely, and without any reeetee* 
Mon tres Reverend Pert, de votre JL 
Le plus humble, plus obeisaMsevaiteur.? 

[Several other Letters were read, but because 
of prolixity they are omitted, these feeing m/>st 
material,] 

dtt. Gen. I have done with my evidence | 
we need no more eroof against ham. 

Pris. My Lord, I would, if your lordship 
please, very Cain ask of Mr. Oates (because be 
was pleased to say he was present with me i* 
May or April), whether he knows the particular 
days of the months. 

[Here Mr. Oates (who being tired, withdrew 
to rest himself) was called, and tbe prisoner 
was asked, whether he would speak wtth Bed* 
loe, but he desired not to speak with him.] 

Oates. The consult that was held in May 
New-stile, is April Old-stile ; it was within a 
day, or two, or three of the consult } 

Pris. Where was the consult ? 

Oates. It was begun at the Whtte-Uore* 
Taveru ; then they did adjourn it to several 
clubs and companies, and yon came two or 
three days after the consult to the ProviaoiaJV 
chamber, we (hen desiring to go out of town, 

Pris. Was you there, and who else ? 

Oates. Thera was the provincial, and Micho 
and Strange the old provincial, and Keiaeyour 
companion. 

Pris. What day of August was that at the 
Savoy ? 

Oates. I cannot swear the particular day ef 
the month, I cannot so far charge my memory 1 . 

The result at the consult in May **», that 
Pickering and Groves should go on in their at- 
tempt to assassinate the person of hts majesty 
by (hooting or otherwise. Mr. Coleman kaew 
of this, and said, it was a goad design. 

L. C. J. Who was there } Was Mr. Cot* 
man with them at the consultation J 

Oates. No, my lord ; but two or three day* 
after the consultation, he was at Wild-House, 
and there he expressed that he approved of it. 

L. C. J. Did he consent to it ? 

Oates. He did consent to it. ' 

Just. Wild. Did he use no words about it? 

Octet. He did shew his approbation of it. 
But in those instructions, that weae brought to 
Ashby, lie did say it was a very good pro position, 
hut he thougltt the reward was too little. 

L. C. J. Djd he use any words to declare 
his assent ? 

Oates. Two things lieeooehed in the 'ques- 
tion, whether your lordship means the consul^ 
or the instructions he did approve of. 

L. C. J. How long after the consultation 
wo* it that he approved of it ? 

Oates. It was two or three days before fee 
did give his approbation. ' 

Just. Wild. What words did he say * 

Oates. ' He did express his consent ; feutte 
say the very words, I cannot tell. 



59] STATE TRIALS, SO. Cjiasles II. 1678.— Trial tf Edward Coleman, [(* 

authority and power upon us, which must be 
the necessary consequence: How can this be 
proved plainer than by your letter, to press the 
French king that he would use bis power ? 

Pris. Consider the contexture and connec- 
tion of things, whether the whole series be not 
to make the king and the duke (as far as I 
thought in my power) as great as could be. 

L. C.J. How well or ill you excuse the 
fault, that is not the question ; they relate to 
the duke most of them, little to the king. You 
were carrying on such a design that you in- 
tended to put the duke in the head of, in suich 
method and ways as the duke himself would 
uot approve, but rejected, 

Pris. Do not think I would throw any 
thing upon the duke. Though I might (in the 
begioning of it) possibly make use of the duke's 
name, it is possible (they say I did) , but can 
any imagine the people will lay down money 
200,000/. or 20,000/. with me upon the duke's 
name, and not know whether the duke be in it? 
And consequently nobody will imagine the 
duke would ever employ any sum to tins king's 
prejudice or disservice while be lived. 1 take 
it for granted (which sure none in the world will 
deny), that the law was ever made imme- 
diately subject to the king or duke : and conse- 
quently to the duke, I cannot think this will 
ever be expounded by the law of England, or 
die jury, to be treason. 

L. C. J. What a kind of way and talking is 
ibis? You have such a swimming way of 
melting words, that it is a troublesome thing for 
a man to collect matter out of them. You 
give yourself up to be a great negotiator in the 
altering of kingdoms, you would be great with 
mighty men for that purpose; and your long 
discourses and great abilities might have been 
spared. The ibing these letters do seem to im- 
port, is this, That your design was to bring in 
popery into England, and to promote die inter- 
est or the French king in this place, for which 
you hoped to have a pension (that is plain}. 
The duke's name is often mentioned, that u 
true; sometimes it appears it is against his 
will, and sometimes he might know of it, 
and be told that the consequence was not 
great. Now say you these sums of money and 
alt that was done, it did relate to the king or 
duke, and it was to advance their interest, 
and you thought it was the way to do it. How 
can this advance them, unless it were done to 
do them service ? And if they do not consent 
10 it, and how can this be treason, what kiud 
of stuff is tins? You do seem to be a mighty 
aiient, might not you for a colour use the duke 
of York's name to drive on the Catholic 
cause, which you was driven to by the priests 
mightily, and think to get 200,000/. advance 
money, and a pension fur your»elf, and make 
yourself somebody for the present, and secre- 
tary of state for the future? If you will make 
any defence for yourself, or call in witnesses, 
we will hear them; Say what you can; for 
these vaiu inconsequential discourses signify 
nothing. : 



. L.C.J. Will you ask biro any more? 

Prti. I would know the day in, August? 

L. C J. He aaith he doth not remember 
Jheday. 

Oates. I believe, I will not be positive in 
ft, it was about the 81st day of August. 

Just. Wild, and Just. Jones. Was it in Au- 
gust Old-stile ?^ 
' Oates. Yes. 

Pris. I can prove I was in Warwickshire at 
that time. That day ' be guesseth, the 91st 
of August, I can make it appear I was fourscore 
aulas off. 

X. C. J. You will do well to prove you was 
there when the guinea was given. Will you 
ask any more? 

Prii. No. 
- L> C. J.' You may say as you will, but Mr. 
Oates doth charge, that expressly in August 
(according. to the English stile) you were at this 
Wild-House, and that lie saw fourscore pounds 
prepared. You, Mr. Coleman, asked the 
question, what preparations were made for the 
men going to Windsor? It was answered, 
fourscore pounds are prepared: and yourself 
fare a guinea for expedition. It is a hard mat- 
ter to press a man to tell the precise day of the 
Inontb, but positively he doth say it was in 
August 

* Prii. I was two and twenty or three and 
twenty days in August in Warwickshire. 

L.C. J What have you now more to say? 

Prss. My Lord,! never saw Mr. Oates hut 
in the council- chamber, I never saw him in 
Borne, in other parts I never saw the face of 
kirn, or knew him in my whole life ; nor did 
I see the other till now in court, as I hope to 
be saved. And then, my lord, us to their tes- 
timopy, neither of them swear the self same 
tact. 

L. C.J. No man shall be guilty if denial 
shall make him innocent : they swear to the 
fact of killing the king, both of them, aud that's 
.enough. If one saith you have a plot to poitou, 
that is killing the king ; and the other swears 
a plot to shoot, or stab him, that is to the 
killing of the king also : then there is your own 
undertaking, in your letter, under your hand. 

Prig, For treason (with submission to your 
lordship), I hope there is none in that, though 
there are very extravagant expressions in it. I 
hope some expressions explain it, that it was 
not ray dt sign to kill the king. 

JL C. J. No, your design was for the con- 
version of three kingdoms, and. subduing of that 
heresy that had reigned so long in this northern 
part of the world : ' and/or ejecting whereof, 

* there were never more hopes since our queen 

* Mary's time till now, aud therefore pressing 
1 the king of France,' to use his power ? aid 
and assistance ? and does this signify nothing ? 

Pris. Doth aid and assistance signify more 
than, money ? the word aid in French is power, 
they are promiscuous words. 

L. C. J. You are cliarged to have had a 
{Correspondency and agency with foreign power 
to subvert our religion, and bring in foreign 



«l] 



STATE TRIALS, 30 Chaelks IL l078.-^r High Ttauftr. 



[09 



Pro, I have witnesses to prove I was in 
Warwickshire. . 

LC.J. (to Boatman a witness): Where was 
Ms. Coleman io August last ? 
- Roatnmn. In Warwickshire. 

L. C. J. How long? 

am. Ail August, to my best remem- 



L. C. J. Can you say that he was in War- 
wickshire all August? that he was not at 
London? 

Boatman. I am not certain what time of 
the month Lie was in London. 

L. C. J. That he was there in August, may 
be very true; I do not ask how long he was in 
Warwickshire, but was he no where else ? (To 
which the witness could make no positive 
answer.) 

Prig, I was at lord Denby'i, and at Mr. 
Francis Fisher's ; I was there at least SO days, 
X. C. J. Have yon any more witnesses ? 
Pri*. None. 

L. C* J. If yon have a mind to say any 
thing more, say what you can. 

fru. I can say nothing more than what I 
have said. Positively I say, and upon my sal- 
vation, I never saw these witnesses, Oates but 
once, and Bedlow never before. 

Mr. Solicitor General, (Sir Francis Win- 
aington): 

May it please your Lordship, and 'you Gen- 
tlemen of the Jury; The cause before you (I 
dare adventure to say) is a cause of as great a 
nature, and includes as great crimes, as ever 
came to this bar. 

It is not a cause of a particular treason, but 
it is a treason that runs to the whole; the king, 
the government, and the Protestant religion, 
all are comprehended in it. 

The defence the prisoner has made is so very 
short and of so slight a nature, that I shall con- 
tract myself very much in what I had to say, 
and onlv state to the Court, and Jury, the 
principal things I rely upon. 

The first crime laid in the indictment, is the 
design of killing and destroying the royal per- 
son of his majesty. The second, the subvert- 
ing of the government,»and io doing that, the 
destruction of the protestant religion. 

And these treasons have been punctually 
proved, as well by two witnesses, as by letters 
under Mr. Coleman's own hand, whereby he 
corresponded with M. . La Chaise, the French 
king's confessor, as also by the answers which 
were sent by M. La Chaise to Mr. Coleman. 
As to the proofs made by the witnesses, the 
substance of them is this: Mr. Oates swears, 
that in April last O. $., and May N. 8., there 
was a peneral consult or meeting of the Jesuits, 
at the White-Horse tavern in the Strand ; and 
aft e rwa rds they divided themselves foto several 
companies, or dubs; and in those consults 
they conspired the death of the king ; and con- 
trived bow to effect it. > The manner of it was 
thus (as Mr. Oates positively swears): That 
Grove ao4 Pickering were employed to murder 
me king; tod their design was to pistol him in 



St. James's Park. Grove was to have 1,500? 
in money,' and Pickering (being a priest) was to 
have 80,000 masses, which was computed to 
be of eaual value to 1,500/. according to the 
usual price in the church of Rome. And this 
conspiracy and contrivance Mr. Coleman was 
privy to, and did well approve of the same, as 
Mr. Oates affirmetb upon his oath. So that 
here is a plain treason proved upon the prn 
soner, by his assemiug to the fact to be done, 
the law not allowing any accessaries ia treason. 
And this, in law makes the prisoner as guilty 
as auy of the assassinates, who designed to kill 
the kuig with their own bands. 

If this design should fail, Mr. Oates swears, 
that the conspirators intended, a further. at* 
tempt upon the royal person of the king, when 
he should be at Windsor; and four Irish at* 
sassinates were provided . by Dr. Fogerthy, 
whose names he would not tell, and fourscore 
guineas were provided by Father Harcourt, a 
Jesuit, to maintain the assassinates at Windsor, 
till they should have effected their wicked design. 

While the conspiracy was thus in agitetipn, 
Mr. Coleman, the prisoner, went to visit Har- 
court the Jesuit at his house in town ; bat 
finding him not at home, and. being informed 
that be was at Wild-House, Mr. Coleman went 
thither and found him there ; and Mr. Cole* 
man asking what provision Harcourt had made 
for the gentlemen at Wiudsor; Haroottrt re> 
plied, that there were fourscore guineas, which 
then lay upon the table, which were to be sent 
to them ; and said, that the person who was sat 
the room was to carry them ; to which /Mr, 
Coleman replied, he liked it very well; and 
gave a guinea out of bis own pocket to thai 
messenger who was to carry the money to 
Windsor, to encourage him to expedite tlie 
business. But in case the design of killing bis 
majesty at Windsor should be any ways pre- 
veuted, then there was a further conspiracy to 
destroy the king by poison. Mr. Oates swears, 
that in July last, Ashby (a Jesuit]) brought in- 
structions to London from Flanders, that in 
case Pickering and Grove could not kjll the 
king at London, nor the four Irish assassinates 
at Windsor, that 10,000/. was to be proposed 
to sir George' Wakeman to poison the king. 
But it did appear by the letters that passed be- 
tween White the provincial (here in London) 
and Ashby, that Mr. Coleman said, he thought 
10,000/. was too little; and therefore thought 
it necessary to offer 5,000/. more, which after- 
wards was assented to by the Jesuits abroad. 
And Mr. Oates swears, he saw letters from the 
provincial at London to % the Jesuits at St 
Omers, signifying, that sir George Wakeman 
had accepted of the proposition, and received 
5,000/. of the money. By which testimony of 
Mr. Oates, it plainly appears, that Mr. Cole- 
man, the prisoner at the bar, was privy to the 
conspiracy, and aiding and abetting to the 
wicked and damnable design of murdering the 
king. 

- The second Witness is Mr. Bedlow, who 
swears that he was employed by Harcourt, the 



«1 



STATE TRIALS, 30 CfutaiBt II. I678.-/OI 1 High Trcaton. 



Jettety td daffy pacqtfets of letters to M, La 
Chaise, rhe French king's confessor ; and fur- 
tttetseys, he wartta consult in France* where 
the* Plot was discoursed on for killing the king; 
end did bring back an answer from La Chime 
19 Hnreourt in London ; and swears particu- 
larly* that on the 24th or 95th of May, 1677, 
he was at Coleman's house with Father Har- 
eourt «nd some other persons, where Mr. Cole- 
man, discoursing of the great design in hand, 
raid these w»nh following : u That if he had a 
sen of blood, and an hondred lives, he would 
lose (hem all to carry on the design ; and if to 
effect this it were necessary to destroy an hon- 
dred heretic kmgs he would do it." So that 
here is another positive oath to an act of trea- 
son, committed by Mr. Coleman, in relation 
te the murdering the king. 
t The other pari of the Evidence consists of 
Papers and Letters, which generally relate to 
prove the latter part of the Indictment, to wit, 
ttoeentif potion of the protectant religion, and 
introducing of Popery, and the subvening of 
the government. And this appears by a Let- 
ter written by Mr. Coleman) dated 29 Sept. 
1*3*5, and sent to M. La Chaise, the French 
king's confessor; wherein he gives him an ac- 
eoeat ef the transactions of several years be- 
fove, and of the correspondence between Mr. 
C okeriaaj and M: Ferner predecessor of La 
Cbaise; wherein be does also assert, that the 
trite way to carry on the interest of France 
and the* promoting of the Popish religion here 
m England, was to get this parliament dissolv- 
ed; which (says be) had been longsioce effected, 
If 9QQ,0O0lx could have been obtained from 
thai French king; and that things yet were in 
iUCh a posture, that if he had but 90,000/. 
( sent hmV from France, he would be content to 
be 1 *- sacrifice to the utmost malice of. his ene- 
mies, if the Protestant religion did not receive 
stfch st blow us it could not subsist. And the 
recerat-of this Letter was acknowledged by M. 
Lsj Gluts*, in an Answer which be wrote to Mr. 
Colesnan, dated from Paris October *3, 1675, 
in which he give* him thanks for bis good ser- 
vice, in-order to the promoting the Popish re- 



SeVeral either letters hive* been produced 
seel -reed, which were written bv Mr. Cole- 
nttA'to M. Fetti'er and •others, And more parti* 
cnJavty one letter dated August SI, 1671, 
written by Mr. Coleman to the pope's inter- 
nuncio- at Brussels; wherein he says, the Da- 
slim prospered so well, that he doubted not 
but in a little time the business would be ma- 
itifeefr, to the utter rain of the Protestant 
pa*?. 

And by other letters he writes to the Frdnch 
kht^s confessor, that the assistance of his Most 
Gbrsltiein majesty is necessary, smd desires 
ssferfey from the French king to carry on the 



But there is one letbr without date, more 
bloody than all the rest, which was written td 
IftVLar Chaise in some short time after the 
hshg letter of Sept. 4», 1675/ wherein among 



[04 

many other things, Coleman expresses himself: 
" We have a mighty work upon our hands, no 
less than the conversion of three kingdoms, and 
the utter subduing of a pestilent heresy, which 
hath for some time domineered over this 
Northern part of the world; and we never had 
*i great hopes of it since our queen Mary's 
days." And in the conclusion of the letter he 
implores M. La Chaise to get aU the aid and 
assistance he can from France, and that next 
to God Almighty tbey did rely upon the mighty 
mind of his most Christian majesty, and there- 
fore did hope La Chaise would procure money: 
and assistance from him. 

Now, any man that considers the contents 
of these Letters, must needs agree that the 
latter part of the Indictment, to wit, the tree* 
son of endeavouring the subverting the govern* 
ment and the Protestant religion, is fully proved 
upon Mr. Coleman, the prisoner at the bar ; 
and that these letters were written by bins, and 
the answers received, he does not deny. . But 
ail he has to say for himself, is, that it w&4 to 
make the king of England great ; whereat thfe 
contrary is most manifest, because the Jesuits 
who love force and tyranny, always adhere to 
those princes that are greatest in strength and 
power. For it appears in history, that whets 
the house of. Austria were in their greatness, 
and like to arrive to the universal monarchy 
in these parts of the world* the Jesuits all ad- 
hered to that house : but since the French king 
hath grown more mighty in power and great** 
nets, they declined the interest of the Austrian 
family, and do now promote • the counsels of 
France, thinking that now that king will be- 
come the universal monarch. 

I shall therefore now* conclude the Evidence, 
only observing to the jury, that the several 
treasons in the indictment ere fully proved. 
Tlie first, as to the destruction of the royal 
person of the king, by two witnesses, Mr* 
Oatesand Mr. Qedlow; the other -pert of it* 
viz. the subversion of the government, and ex- 
tirpation of the Protestant religion, by the se- 
veral letters which have been before remem* 
beTed, which have not been denied by the pri- 
soner to be his. Therefore I hope, gentle- 
men, that when you meet with offenders that 
are guilty of such stupendous crimes, you will 
do justice upon them, which will be great com- 
fort and satisfaction to the king and aM hie 
good Protestant subjects. 

Serj. Pembertak. Gentlemen, you bear the 
crime is of the highest nature, it is the subver- 
sion of three kingdoms, and the subduingof that 
religion which he defames by the name of 
* PeWeht Heresy/ It concerns us aU to look 
about us, and all the kingdom, when there 
Shall he a design managed in this manner, to 
destroy our king, and to take away our reli- 
gion, and to enslave' us ell' te the pope, end 
make us all truckle to tlie priests. 

It is wonderful k is capable (at ibis day) of* 
so great evidence, there is DigHus Dei in it, 
or else it would be impossible such a thing 
sbooM be made tomam&st: aU the rest the* 



€5] 



STATE TRIALS, 30Chahi.es II. \6l$.—jbr High Treason. 



[<K> 



» aid in the Indict me Dt are bat circumstances 
that declare it : there is a strong evidence of 
many matters of fact in this design, which de- 
clare the intention hatched in his breast for 
Buoy years together: here hath been a design 
to kill the king, and he doth not only consent 
to it, bat commend it ; what can be said to his 
giving the money to him that was to pay itie 
Jourscore pieces of gold to those ruffians sent 
to Windsor ? and adding 5,000/. to the 10,000/. 
for the doctor that was to poison the king? 
He denies all. 

No question bat a man that hath had a 
heart to design »uch contrivances, will have 
the Jace to deuy it publicly : it is a thing to be 
acted in the dark. But there is both* Mr. 
Oatesand Mr. Bedlow plainly prore it upon 
him, that he consented to the acting the king's 
death. What is the sense of his letters, but to 
shew his design, and to beg the assistance of 
France to them in their necessities r* The whole 
correct is- to destroy our religion, I think you, 
gentlemen of the jury, have bad such evidence 
as win satisfy any man. 

Proaaer. I deny all Mr. Oates's testimony, 
for his saying to the council he did not know 
me because he could not see me, when I was as 
near as the next gentleman but one, but knew 
me when I spake, and I spoke to almost all the 
matters asked. He ace u set h me of a thing in 
August, but names not the day : now if there 
be one error in bis testimony, it weakens all 
the rest. 1 went out of town on the 10th of 
August, it was the latter end I came home, 
about the middle of Bartholomew fair, the las* 
bay of August. 

L C. J. Have you any witness to prove that ? 

Prig. I cannot say I have a witness. 

2*. C. J. Then you say nothing. 

Pris. People cannot speak to a day, to a 
thing they neither imagined or thought of. 

L. C. /. I ask your servant, do you know 
when sir. Coleman went out of town ? | 

CoiemnitSero. Jn August ; I cannot say par- 
ticularly the day. 

L. C. J. Do you know when he came home ? 

Serv. I cannot remember. 

Just. Wyld. Where was you the last Bar- 
thojomew-day ? 

Serv. I was in town. 

Jest. Wyld. Where was your master ? 

Sere. I do not remember. 

L. C. J. You say yon went out of town tbe 
10th, and came home the last of August ; you 
say k is impossible that he should say right, 
bat yet you do not prove it. 

Pru. Tinrre no more to say bat I entered 
down all my expences every day in a book, 
which boot will shew where I was. 

X. C J. Where is your book ? 

Prat. At my lodgings in Vere-Street by 
Ceteat-Oarden ; in a trunk that came by the 
carrier, that will shew when they were sent. 

L. C. J. If the cause did turn upon that 
natter, I would be well content to sit until 
the book was brought; bat I doubt the cause 
vfltaot stand upon that foot ) but if that wene 

T0UTD. 



the case it would do you little good. Observe 
what I say to the jury. 

My Lord Chief Justice his Speech to the Jury 
upon bis summing up of the Evidence. 

Gentlemen of tbe jury; my care at this time 
shall be to contract this very long evidence, 
and to bring it within a short compass, that you 
may have nothing before you to consider of, 
as near as I can, but what is really material 
to the acquitting or condemning of Mr. Cole* 
man. 

The tilings he is accused of are two sorts ; 
the one is, to subvert the Protestant religion 
and to introduce Popery : the other was to de- 
stroy and kill the king. The evidence likewise 
was of two sorts; the one by letters of his 
own hand-writing, and the other by Witnesses 
viva voce. The former he seems to confess, 
the other totally to deny. 

For that he cf mfetseth, he does not seem to 
insist upon it, that the letters were not his, he 
seems to admit they were ; and he rather 
makes his defence by expounding what the 
meaning of these letters were, than by denying 
himself to be the author. 

I would have you take me right, when I say ' 
he doth adroit; he doth not admit tbe con- 
struction, that the king's counsel here makes 
upon them ; but he admits that these letters 
were his. He admits it so far, that he does 
not deny them. So that you are to examine 
what these letters import in themselves, and 
what consequences are naturally to be deduced 
from them. 

That which is plainly intended, is to bring 
in the Roman Catholic, and to subvert the 
Protestant Religion. That which is by conse- 
quence intended, was the killing the king, as 
being the most likely means to introduce that, * 
which, as it is apparent by his letters, was de- , 
signed to be brought in. 

For the first part of the Evidence. All his 
great long letter that he wrote, was to give 
the present confessor of the French king an 
account of what had passed between him and 
his predecessor; by which agency, you may. 
see that Mr. Coleman was in with the former 
confessor. 

And when he comes to give an account of . 
the three years transactions to this present 
confessor, and to begin a correspondence with 
him, about what is it? Why, the substance of 
the heads of the long Letter comes to this. It 
was to bring in the Catholic as he called it, 
(that is) the Romish Catholic religion, and to , 
establish that here ; and to advance an interest 
for the French king, be that interest what it 
will. 

It is true bis letters do not express what sort , 
of interest, neither will I determine : but they 
say it was to promote the French king's in* , 
terest, which Mr. Coleman woejt) expound in 
some such sort, as may consist with tbe king of 
England's and the duke of York's interest. 
But this is certain, it was to subvert our reli- 
gion, as it is now by law established. This 

F 



6T) STATE TRIALS, SO Charles II. 1678.— Trial qfEdicard Coleman, 



[•« 



was the great end thereof, it cannot be denied : 
Co promote the interest, I say, of the French 
king, and to gain to himself a pension as a 
reward of his service, is the contents of his first 
long letter, and one or two more concerning 
that pension. 

His last letters expound more plainly what 
was meant by the Frencli king's interest. 
u We are" (saith be) " about a great work, no 
less than the conversion of three kingdoms, 
and the total and titter subversion and sub- 
duing of that pestilent heiesy " (that is the Pro* 
testant Religion) " which hath reigned so long 
in this Northern part of the world ; and for the 
doing of which, there never was such great 
hopes since our queen Mary's days, as at this 
Itmer 

' Now this plainly shews, thai our religion was 
to be subverted, Popery established, and the 
three kingdoms to be converted ; that is, in- 
deed, to be brought to confusion. For I say, , 
that when our religion is to be subverted, the' 
nation is to be tab verted and destroyed, that is 
most apparent : for there could be no hope of 
subverting or destroying the Protestant reli- 
gion, but by a subversion not conversion of the 
three kingdoms. How was it to be done other- 
wise t Why, I would have brought this reli- 
gion in (says he} by dissolving of the parlia- 
ment, I would nave brought it in by an edict 
and proclamation of Liberty of Conscience. In 
tfcese ways I would have brought it in. 

Mr. Coleman knows it is not fit for him to 
own the introducing of his religion by the mur- 
der of the king, or by a foreign force. The one 
'was too black and the other too bloody, to be 
owned. And lew people (especially the Eng- 
lish) will be brought to save their lives (as he 
may do bis) by confession of so bloody and bar* 
tarous a thing, as an intention to kill the king, 
or of levying 'a war ; which, though it be not a 
particular, is a general murder. I say, it was 
not convenient for Mr. Coleman, when he seems 
to speak something for himself, to give such an 
account, how he would have done it ; There- 
fore he tells us, be would have done it by the 
dissolving of the parliament and by toleration 
of religion. Now I would very fain know of 
any roan in the world, whether this was not a 
very fine and artificial covering of his design for 
the subversion of our religion ? 

Pray, how can any man think, that the dis- 
solving of the parliament could have such a 
mighty influence to that purpose ? it is true, he 
might imagine it might in some sort contribute 
Cowards it : yet it is so doubtful, that he him- 
self mistrusts it. For he h sometimes for the 
dissolving of the parliament, and other times 
not, as appears by his own papers: for which 
we are not beholden to him, so much as for 
any one, more than what were found by acci- 
dent, and produced to the kin;* and council. 
But in truth, why should Mr. Coleman believe 
that another parliament (if this parliament 
were dissolved) should, com ply with Popery; 
that is to say, That there should be great hopes 
of bringing in of Popery by a new parliament ? 



unless he can give me a good reason for tins, f 
shall hold it as insignificant and as unlikely to 
have that effect, as his other way by a general 
toleration. ' 

And therefore next, Upon what gronnd does 
he 'presume this ? I do assure you, that man 
does not understand the inclinations of the 
English people, or knows rheir tempers, that 
thinks, if they were left to themselves and had 
their liberty, they would turn Papists. It is 
true, there are some amongst us that hnve so 
little wit as to turn Fanatics, but there is hardly 
any, but have much more wit than to turn 
Papists. These are therefore the counterfeit 
pretensions of Air. Coleman. 

Now, if not by these means, in what way 
truly did he intend to bring in Popery ? why, 
his own letters plainly convict him of one step 
towards it, in endeavouring with foreign powers 
to bring in that religion, and to subvert ours. 
And for tlie other way of doing it, by killing 
the king ; I leave it to you whether there were 
any more probable way than that indeed to 
do it. 

And could he think, that the French king 
would not have thought himself cozened of hi* 
money, if he had not given him hopes that he 
would use the most probable methods that be 
could, to effect his design ? 

Therefore, there mus-t be more in it : for be 
that was so earnest for Unit religion, would not 
have stuck at any violence to bring it in; he 
would not have stuck at blood. For we know 
their doctrines and their practices, and we 
know well, with what zeal the priests push 
them forward to venture their own lives, and 
to take away other mens, that differ from theni, 
to bring in their religion, and to set up them- 
selves. For indeed in the kingdoms and coun- 
tries where Popery reigns, the priests have do- 
minion oier men's consciences, and power 
over their purses. And they use all arts ima- 
ginable of making proselytes, and take special 
care, that those in their communion shall 
know no more than the priests shall give them 
leave to understand. And for this reason they 
prohibit the use of all books without their li- 
cence. This blind obedience begets blind ig- 
norance, and this is a great subtilty of theirs 
to keep, them in it, that they may perfectly 
submit to tbem. 

What, cannot they command, when they 
have made others slaves in their understand- 
ings, and that they must know no more, than 
what; they give them leave to know ? but irv 
Borland it is not so, RTr. Coleman ; and 
therein yon would have found a great disap- 
pointment. For if liberty of conscience had 
been tolerated here, that the consequence of it 
would have been Popery, I deuy. 

Nothing is more unlikely ; for though in the 
short reign of queen Mary, Popery came in 
for some time, which was but for a 'little- time. 
and then the people wcie not so well grounded 
in the Protestant religion, nor in the principle* 
of it t but now they are, insomuch, that scarce 
a colter but u able to oaffle any Komaa 



»3 



STATE TRIALS, 30 Charles il. l67bWfr High 'IrraKm, 



tm 



prist feat ever I saw or met with. And thanks 
be tr* God we have a preaching ministry, and 
the free use of the Scriptures allowed amongst 
os, which they are not permitted to have. 

And alter this I wonder, that a man, who hath 
been bred up in the Protestant religion (as I 
ba\e reason to believe that you Mr. Coleman 
h i\-e been,) for (if I am not misinformed; your 
iuhcr » as a minister in Suffolk; for such an 
r*ne to depart from it, is an evidence Against 
you, to t prove the Indictment. I must make a 
duT^reace between us, and those who hate 
been always educated that way, and so are 
under the prepasbessiou of their education, 
which is a d.Sicak thing to he overcome. 

And I do assure you, there are hut two 
things, that I know of, can make one do it, 
iorerest, or gross ignorance. No roan of uu- 
cier&taDdicg, but for by-ends, would have led 
Lis religion to he a Papist. And for you, Mr. 
Coleman, who are a man of reason and sub- 
lilt?, I must tell you (to bring this to your- 
sell*) upon this account, that it could not be 
cos^cietice, I cannot thiuk it to be conscience. 
Yccr pension was your conscience, and your 
Secretary's place your bait. 

For such men (Isav) as have been bred up 
in the Protestant religion, and left it, I can 
lordly presume that they do it out of con- 
science, unless they do it upon a mighty search, 
not leaning upon their own understanding and 
abilities, not hearing of one side alone. Con- 
science ii a tender thing, conscience will trem- 
ble when it leaves the religion it has been bred 
is, and its sincerity is shown by being fearful, 
lest it &hould be in the wrong. No man may 
pretend to conscience truly, that takes not all 
cowses imaginable to know the right, before 
be lets Lis religion slip from him. 

Have we so soon forgot our reverence to the 
late king, and the pious advice he left us ? A 
king chat was truly a Defender of the Faith, not 
only by his title, but by his abilities and writings. 
A king, who understood the Protestant religion 
so well, that be was able to defend it against 
any of the cardinals of Rome. And when he 
knew it so thoroughly, and died so eminently 
for it, I will leave this characteristic*! note, 
That whosoever after that departs from liis judg- 
ment, had need have a very good one of his 
own, to boar him out. 

I do acknowledge, many of the popish 
priests formerly were learned men, and may he 
so soil, beyond the seat : but I could never 
yet meet with any here, that bad other learning 
er ability bat artificial only, to delude weak 
women, and weaker men. They have, indeed, 
ways of conversion, and conviction, by en- 
lightening our understandings with a raggot, 
and by the powerful and irresistible arguments 
ef a daggers But these are such wicked sole- 
cisms in their religion, that they seem to have 
left them neither natural sense, nor natural 
conscience, not natural sense, by their ab- 
asrdtty, in so unreasonable a belief, as of the' 
wine turned into blood: Not natural con* 
tnence, be their cruelty, who make the Pfcotes- 



tanls blood as wine, and these priests (hirst 
after it ; ' Tantum religio pctuit suadere luulo- 
' rum ?' 

Mr. Coleman, in one of his letters, speaks of 
routing out ' our religion and party ;' And lie 
is in the right, for they can never root out the 
Protestant religion, but they must kill the Pro- 
testants. But let him and them know, if ever 
they shall endeavour to bring popery in, by de* 
stroking of the kine, they shall find, that the 
papists will thereby bring destruction upon 
themselves, so that not a man of them would 
escape—' Ne Catulus quidem relinquendus.' 
Our execution shall be as quick as their gun- 
powder, but more effectual. And so, gentle- 
men, I khall leave it to you, to consider, what 
his Letters prove him guilty of directly, and 
what by consequence ; What he plainly would 
have done, and then, how he would have done 
it; And whether you think his fiery seal had 
so much cold blood in jt, as to spare any 
others? For the other part of the Evidence, 
which is by the testimony of the present wit- 
nesses, yoj have heard them. I will not de» 
tain you longer now, the day is going out. 

Mr. J. Jones. You must find the prisoner 
guilty, or bring in two persons perjured. - 

L. C. J. - Gentlemen, If your consultation * 
shall be long, then you must lie by it all night, 
and we will take your verdict to-morrow 
morning. If it will not be long, I am content 
to stay a while. 

Jury. My lord, we shall be short* x 

J. Wyld. We do not speak to you to make 
more haste, or less, but to take a lull consulta- 
tion, and your own time; There is the death 
of a man at the stake, and make not too much 
haste. We do not s^peak it on that account. 

The Jury went from the bar, and returned. 

Court. Are you all agreed of your verdict? 

Jury. Yes. 

Court, Who shall speak for you? 

Jury. The foreman. 

Court. Edward Coleman, hold up thy band r 

Court. Is Edward Coleman Guilty of the 
high-treason whereof be stands indicted, or 
Not Guilty }—Jury. Guilty, my lord. 

Court. What goods, chattels, fee. 

Prisoner. You were pleased to say to the jury, 
that they must either bring me in Guilty, or 
two persons perjured ; I am a dying man, and 
upon my death, and expectation of salvation, 
declare, That I never saw these two gentlemen, 
excepting Mr. Oates, but once in all my life, 
and that was at the council table. 

L. C. J. Mr. Coleman, your own papers 
are enough to condemn you. 

Court. Cant. Richardson, you must bring 
Mr. Coleman hither again to-morrow morning 
to receive his Sentence. 

The Day following being November the 98th, 
Mr. Coleman was brought to the Bar, to 
receive his Sentence, and the Court pro- 
ceeded thereupon as followeth : 

L. C. J. Ask him what he can say for him* 
self; Make silence, crier* 



71 ] STATE TRIAU5, SO Charles II. 1 07 8.— Trial of Edward Coleman, ' [73 



CI. ofCr. Edward Coleman, hold up thy 
hand. Thou hast been indicted of high trea- 
son, thou hast thereunto pleaded Not Guilty ; 
thou hast put thyself upon God and thy coun- 
try, which country hath found thee Guilty ; 
What canst thou . say for thyself, wherefore 
judgment of death should not be given against 
thee, and an execution awarded according to 
law? 

Mr. Coleman, May it please you, my lord, 
I have this to say for inyseli ; As for my papers, 
I humbly hope, (setting aside Oral Testimony) 
that I should not have been found guilty of 
any crime in them, but what the act of grace 
would have pardoned, and I hope I shall have 
the benefit of that; The evidence against me, 
namely Oral, I do humbly beg that you would 
he pleased to give me a little time to shew you, 
how impossible it is that those testimonies 
should be true ; For that testimony of Mr. 
Oates io August, my man, that is now either in 
the court or hall, hath gotten a book that is 
able to make it appear, that I was out of town 
from the 15th of August to the 3 1st of August 
late at night. 

L. C. J. That will not do, Mr. Coleman. 

Coleman. I p!o humbly offer this, for this 
reason ; because Mr. Oates, in all hit other evi- 
dences, was so punctual, as to distinguish be- 
tween Old Stile and New, he ntver missed tlie 
month, hardly the week, and oftentimes put the 
very day ; for his testimony that he gave against 
me, was, that it was the 21st of August. 

L. C. J. He thought so, but he was not po- 
sitive, but only as to the month. 

Coleman. He was certain it was the latter 
end of August, and that about Bartholomew- 
tide. 

L. C. J. He conceived so, he thought so. 

Coleman. Now if I was always out of town 
from the 15th day of August, to the 31st late at 
night, it is then impossible, my lord, that should 
he a true testimony. Your lordship was pleased 
to observe, that it would much enervate any 
man's testimony, to the whole, if he could be 
proved false in any one thing. I have further 
in this matter to say, besides my tuan's testi- 
mony, the- king hatb, since I have been seized 
on, seized on my papers and my book of ac- 
counts, where I used punctually to set down 
where I spent my money ; and if it doth not 
appear by that book that I was all those days 
and times, and several other days in August, 
to he out of town, I desire no favour. You 
cannot suppose, my lord, nor the world be- 
lieve, that 1 prepared that book for this purpose 
in this matter ; and I can make it appear by 
others, if I had time ; but I only offer this to 
your lordship, that seeing Mr. Oates did name 
so many particulars and circumstances, it is 
very strange, that lie should fail in a particular 
of such importance as about killing the king; 
and no map living of common sense would think 
or believe that I should speak about such a 
thing in company that 1 did not well know, and 
this to he done frequently and oftentimes, as he 
asserts it; when Gates seemed u> the king and 



council (and I believe the king himself remem- 
ber* it) when I was examined, that he did not 
know me, that he knew nothing of me, so that 
here is two things againn this witness that can 
hardly happen again. — My circumstances aro 
extraordinary, and it is a great providence, and 
I think your lordship and the whole world will 
look upon it as such, if <for any crimes that are 
in my papers, if there be any mercy to be shew- 
ed me by the king's gracious act of pardon, I 
humbly beg that I may have it. 

L. C. J. None. 

Colanan. If none, I do humbly submit ; but 
I do humbly hope with submission, that those 
papers would not have uecn found treasonable 
papers. 

L. C. J. Those letters of yours, Mr. Cole- 
man, were since the act of pardon ; yolir papers 
bear date 1674, 1675, and thpre hath been no 
act since. But as for what you say concerning 
Mr. Oates, you say it in vain now, Mr. Cole- 
man, for the jury hath given in their verdict, 
and it is not now to be said, for after that rate 
we shall have no end of any man's trial ; but 
for your satisfaction, Mr. Coleman, to the best 
of my remembrance, Mr. Oates was positive 
only as to the month of August, he thought it 
might be about the 21st day, or about Bartholo- 
mew fair time ; but he was absolute iu nothing 
but the month. 

Colt man. He was punctual in all his other 
evidences, but in this he was not ; and when I 
was examined at the council table, he said he 
knew little of me. 

L. C. J. He charged you positively for hav- 
ing held conspiracy to poison the king ; and 
that there was 10,000/. to be paid for ir, and 
afterwards there was 5,000/. more to be added ; 
and he positively charges you to be the person 
that amongst all the conspirators was reputed 
to pay the 5,000/. 

Coleman. He said it after such a fashion. 

L. C. J. He said it after such a fashion that 
sir Robert Southwell and sir Thomas Doleman 
satisfied us that he did the thing, and that 
plainly to his understanding; and what say yon 
he said r - > 

Coleman. That he did not know me. 

L. C. J. Neither of them say so, that be 
said he did not know you, they deny it. 

Coleman. lie said so, upon my death. 

L. C. J. It is in vain to dispute it further, 
there must be an end. 

Crier, make O Yes ! Our sovereign lord the 
king doth straitly charge and command all per- 
sons to keep stleuce while Judgment is given 
upon the prisoner convict, upon pain of impri- 
sonment. 

L. C. J. You are found guilty, Mr. Cole- 
man, of high treason, and .the crimes are seve- 
ral that you are found guilty of. You are found 
guilty of conspiring the death of the king ; you 
are likewise found guilty of endeavouring to 
Subvert the Protestant religion as it is by law 
established, and to bring in popery, and this by 
the aid and assistance of foreign powers. And 
I would not have you, Mr. Coleman, in your 



«1 



STATE TRIALS, 50 Charles II. 1678.— /or High Treason. 



[74 



list apprehension of things, to go out of the 
-world with a mistake, if I could help it ; that is, 
I would oot have you think, that though you 
only seem to disavow the matter of the death 
of the king, that therefore you should think 
yourself an innocent man. You are not ieno- 
cent, I am sure; for it is apparent by that 
which cannot deceive, that you are guilty of 
contriving and conspiring the destruction of the 
Protestant religion, and to bring in Popery, and 
that by the aid and assistance of foreign powers, 
and this no man can free you in the least from. 
And know, that if it should he true, that you 
woeld disavow, that you had not an actual hand 
» the contrivance of the king's death (which 
two witnesses have sworn positively against 
yoO: Yet be that will subvert the Protestant 
rdi^'on here, and bring in consequently a fo- 
reign authority, does an act in derogation of the 
cro*r., and in diminution of the king's title and 
f-'.erci^n j>ov*er, and endeavours to bring a fo- 
reign dominion both over our consciences and 
estates. And is any man shall Endeavour to 
subvert our region to bring in that, though he 
did not actoallv contrive to do it l>v the death 



of the king, or it may be not by the death of any 
oce man, yet whatsoever follows upon that 
contrivance, be is guilty of; insomuch it is 
greatly t> be feared, that though you meant 
oniv to bring it iu by the way of dissolving of 
pari taments, or by liberty of conscience, and 
»ch ki.:d or innocent ways as you thought; 
yet if so I c those means should not have proved 
effectual, and worse should have been taken 
(though by others of your confederates) for to 
go through with the work, as we have great 
reason to believe there would, you are guilty 
of all that blood that would have followed. 
But still yoa say you did not design that 
thing ; but to tell you, he that doth a 
sinfafc and unlawful act, must answer, and is 
liable butti to God and man, for all the con- 
sequences that attend it, therefore I say you 
ought not to think yourself innocent. It is 
pucnbJe yoa may be penitent, and nothing re- 
mams bit that. And as I think in your church 
you allow of a thing called attrition, if yon can- 
not with our church have contrition, which is 
a sorrow proceeding from love, pray make use 
of attrition, which is a sorrow arising from fear. 
For yoa may assure yourself, there are hut a 
few moments betwixt you and a vast eternity 
where will be no dallying, no arts to be used, 
therefore tfeinfc on all the good you can do in 
tins little apace of time that is left you ; all is 
little enough to wipe off (besides your private 
aod secret offences) even your public pues. 1 
do know that confession is very much owned in 
your church, and you do well in it ; but as your 
offence is public, so should your confession be; 
md it will do you more service than all your 
aoricoJar confessions. Were I in your case, 
there should be nothing at the bottom of my 
heart that I would not disclose. Perchance 
yau may be deluded with the fond hopes of 
baring your sentence respited. Trust not to 
it, Mr. Coleman. You may be flattered to 



stop your mouth, till they have stopped your 
breath, and I doubt you will find that to be the 
event. I think it becomes yo«i as a man, and as 
a christian, to do all that is now in your power, 
since you cannot be white, to make yourself as 
clean as you can, and to fit yourself for another 
world, where you will see how vain all resolu- 
tions of obstinacy, of concealment, and all that 
sort of bravery which perhaps may be instilled 
by some men, will prove. They will not then 
serve to lessen, hut they will add to your fault. 
It concerns us no farther than for your own good, 
and do as God shall direct yon ; for the truth is, 
there are persuasions and inducements in your 
church to such kind of resolutions and such kind 
of actious, which you are Jed into by false 
principles and false doctrines (and so you will 
find when you come once to experiment it, as 
shortly you will) that hardly the religion of a 
Turk would own. But when Christians by any 
violent bloody act attempt to propagate religion, 
they abuse both their disciples and religion too, 
aod change that way that Christ himself taught 
us to follow him by. It was not by blood or 
violence; by no single man's undertaking to dis- 
turb and to alter governments ; to make hurly- 
burhes, and all the mischiefs that attend soch 
things as these are. 

For a church to persuade men even to the 
committing of the highest violences under a 
pretence of doing God good service, looks not 
(in my opinion) like religion, but design ; like 
an engine, not a holy institution; artificial as 
a clock, which follows not the sun but the set* 
ter ; goes not according to the bible, but the 
priest, whose interpretations serve their par- 
ticular ends, and those private advantages 
which true religion, would scorn, and natural 
religion itself would not endure. I have, Mr. 
Coleman, said thus much to you as you are a 
christian, and as 1 am one, and I do it out of 
great charity and compassion, nnd with great 
sense and sorrow that you should be misled to 
these great offences under pretence of religion. 
But seeing you have but a little time, 1 would 
have you make use of it to your best advan- 
tage ; for I tell you, that though death may be 
talked of at a distance in a brave heroic way, 
yet when a man once comes*, to the minute, 
death is a very serious thing; then you will 
consider how trifling all plots and contrivances 
are, and to how little purpose is all your con- 
cealments. I only oner these things to your 
thoughts, and perhaps they may better godown 
at such n time as this is than at another ; and 
if they have no effect upon you, I hope they 
will have some as to my own paiticular, iu that 
I have done my good will. I do remember 
you once more, that in this mutter you be out 
deluded with any fantastic hopes and expecta- 
tions of a pardorf, for the truth is, Mr. Cole- 
man, you will be deceived ; therefore set yoor 
heart at rest, for we are at this time in such dis- 
orders, and the people so continually alarmed 
either with secret m orders, or some outrages 
and violences that are this day on foot, that 
though the king, who is foil of mercy almost 



75] STATE T&iALS, 30 Charles 1L 

to a Aiuit, yet if lie should be inclined that way 
I ?eri!y believe both Houses would interpose 
between that and you. I speak cliis to shake 
off all vain hopes from you ; for I tell you, I 
verily believe they would not you should have 
any twig to hold by to deceive you : so that now 
you may look upon it, there is nothing will 
save you, for you will assuredly die as now you 
Kve, and that very suddenly. ^ In which I hav- 
ing discharged my conscience to you as a 
christian, I will now proceed lo pronounce Sen- 
tence against you, and do my duty as a judge. 

You shall return to prison, from theuce to 
be drawn to the place of execution, where you 
shall he hanged by the neck, and be cut down 
alive, your bowels burnt before your face, and 
your quarters severed, and your body disposed 
of as the king thinks fit ; and so the Lord have 
mercy upon your soul. 

Coleman. My lord, I humbly thank your 
lordship, and I do admire your charity, that 
you would be pleased to give me this admirable 
counsel, and I will follow it as well as I can, 
and £ beg your lordship to hear me what I am 
going to say: Your lordship, most chiibUun- 
like, hatb observed wisdv, that concession is 
extremely necessary to a dying man, and I do 
so too; but that confession your lordship I 
suppose means, is of a guilty evil conscience 
in any of these points that I am condemned 
for, ' Of* maliciously contriving/ &c. If I 
thought I had any such guilt, I should as- 
suredly think myself damned now I am going 
out of the world by concealing them, in spite of 
all pardons or indulgences, or any act that the 
Pope or the Church of Home could do for me, 
as I believe any one article of faith. Therefore 
pray hear the words of a dying man; I have 
made a resolution, I thank God, not to tell a 
lie, no not a single lie, not to save my life. I 
hope God will not so far leave me as to let me 
do it ; and I do renounce all manner of mercy 
teat God can shew me, if I have not told the 
House of Commons, or offered it to the House 
of Commons, nil that I know in my whole heart 
toward this business ; and I never in all my life 
either made any proposition, or received any 
proposition, or knew or beard directly or in* 
directly of any proposition towards the sup- 
planting or invading the king's life, crown or 
dignity, or to make any invasion or disturbance 
to introduce any new government, or to bring 
in popery by any violence or force in the world; 
if I have, my lord, been mistaken in my me- 
thod, as I will not say but I might have been ; 
for if two men differ, one must be mistaken ; 
therefore possibly I might be of an opinion, 
that popery might come in if liberty of con- 
science had been granted; and perhaps all 
Christians are bound to wish all people of chat 
religion that they profess themselves, if they 
are in earnest : 1 will not dispute those ills that 
your lordship may imagiue to be in the Church 
of Rome; if I thought there was any in them, I 
would be sure to be none of it. I have no de- 
sign, my lord, at all in religion but to be saved; 
and I had do manner of invitation to invite me 

7 



167S.— TYial qf Edward Coleman, 



[76 



| to the Church of Rome, no not one, but to be 
saved ; ii I am out of tne way, I am out of the 
way, as to the next world as well as this; I have 
nothing but a sincere conscience, and I desire 
to follow it as I ought. I do confess I am 
guilty of many crime*, and I am afraid all of 
us arc guilty in some measure, of some failings 
and infirmities ; but in matters of this nature 
that 1 now stand condemned for, though I do 
not at all complain of the court; for I do con- 
fess I have had all the fair play imaginable, and 
I have nothing at all to say against it; but I 
say as to any one act of mine, so far as acts 
require intention to make them acts, as all hu- 
man acts do, I am as innocent of any crime 
that I now stand charged as guilty of, as vtfien 
I was first born. 

L. C. J. That is not possible. 

Coleman. With submission, I do not say in- 
nocent as to any drime in going against any 
act of parliament, then it is a crime to hear 
mass, or to do any act that they prohibit; but 
for ii.t£ndiu;i aud endeavouring to bring in that 
religion by the aid and assistance of the king 
of France, I never intended nor meant by that 
aid and assistance, any force in the world, bat 
such aids and assistances as might procure us 
liberty of conscience. My lord, if in what I 
have said nobody believes, me, I must be con* 
tent ; if any do believe me, then I have wiped 
off those scandalous thoughts and abominable 
crimes, that, &c and then I have paid a little 
debt to truth. 

L. C. J. One word more, and I have done. 
I am sorry, Mr. Coleman, that I have not 
charity enough to believe the words of a dying 
man ; for I will tell you what sticks with me 
very much : I cannot be persuaded, and no- 
body can, but that your Correspondence and 
Negociations did continue longer than the Let* 
ters that we have found, that is, after 1675. 
Now if you had come and shown us your Books 
and Letters, which would have spoke for them- 
selves, .1 should have tliought then that yon 
had dealt plainly and sincerely, and it would 
have been a mighty motive to have believed 
the rest; for certainly your correspondence 
held even to the time of your appreliensioss, 
and yon have not discovered so much as one 
paper, but what was found unknown to you, 
and against your will. 

Coleman. Upon the words of a dying man, 
and upon the expectation 1 have of salvation, 
I tell your lordship, that there is not a book nor 
a paper in the world that I have laid aside 
voluntarily. 

X. C. X- No, prrhaos you have burnt them. 

Coleman. Not by tne living God. 

L. C. J. I hope, Mr. Coleman, you will not 
say no maimer of way. 

Colzman. For my correspondence these two 
last years past, I have given an (account of 
every letter ; but those that were common let* 
ters, and those books that were in my house, 
what became of them I know not ; they were 
common letters that I used to write every day, 
a common journal what put at home and 



STATE TRIALS, 30 Charles II. 1078.— /or High Treason. 



abroad. My men they writ there out of that 
book. 
L.CJ. What became of those letters ? 
Coleman. I h-H no letters about this bosi- 
aess, but wbatl have declared to the House of 
Commons, that is, letters from St. Germans, 
which I owned to the Hoose of Commons; and 
I had no methodical correspondence, and I 
sever valued them nor regarded them, but as. 
they came 1 destroyed tbem. 

L.C.J. I remember the last letter that is 
ptea is evidence against you, discovers what 
mighty hopes there was, tbat tbe time was now 
come wherein that pestilent heresy, that bath 
domineered in this northern part of the world, 
should be extirpated ; and that there never was 
greater hopes o£ it since our queen Mary's 
icigs. Pray, Mr. Coleman, was that the con- 
doling letter in this affair ? 

Coimnn. Give me leave to say it upon the 
word of a dying man, I have not one letter, &c 
JL C.J. What though you burnt your let- 
tea, you may recollect the contents. 
Cocoa*. I had none since — 
X. C J. Between God and your conscience 
be it, I have other apprehensions; and you 
deserve your Sentence upon you for your of- 
feaoes, that visibly appear out of your own 
papers, that you do not, and cannot deny. 
Coleman. ' I as ftatisfied. But seeing my 
b hot sliort v may I npt be permitted to 
some immediate friends, and my poor 
wife to have her freedom to speak with me, 
aad stay with me that little time that I have, 
that I might speak something to her in order 
to her living and my dying ? 

L. C. J. You say well, and it is a hard case 
to deny it; but I tell you what hardens, my 
heart, the insolencics of your party (tbe Roman 
Catholics I mean) that they every day offer, 
which » indeed a proof of their Plot, that they 
are so bold and impudent, and such secret 
sunders committed by them, as would harden 
any man's heart to do the common favours of 
justice and charity, that to mankind are usually 
done : they are so hold and insolent, that I 
think it is not to be endured in a Protestant 
kingdom ; but for my own particular, I think 
it a a very bard thing for to deny a man the 
of hi* wife, and his friends, so it be 



done with caution and prudence. Remember 
that the Plot is on foot, and I do not know 
what arts the priests have, and what tricks 
thty use ; and therefore have a care that no 
papers, nor any such thing, be sent from him. 

Coleman. I do not design it, I am sure. 

X. C. J. But for the company of his wife 
and his near friends; or any thing in that kind, 
that may be for his eternal good, and as much 
for bis present satisfaction that he can receive 
now in the condition that he is in, let him have 
it; but do it with care and caution. 

Capt. Richardson. What, for them to be 
private alone ? 

L. C. J. His wife, only she, God forbid else. 
Nor shall you he denied any Protestant minister. 

Coleman. But shall not my cousin Coleman 
have liberty to come to me? 

X. C. J. Yes, with Mr. Richardson. 

Coleman. Or his servant; because' it is a 
great trouble for him to attend always. 

X. C J. If it be his servant, or any he shall 
appoint, it is all one. Mr. Richardson, use 
bim as reasonably as may be, considering the 
condition he is in. 

Cler. Cr. Have a care of your prisoner. 

On Tuesday the 3d of December following, 
Edward Coleman was drawn on a sledge frpm 
Newgate to Tyburn ; and being come thither, 
he declared that he had been a Roman Catho- 
lic for many years, and that he thanked God 
he died in that religion, and he did not think 
that religion at all prejudicial to the king and 
government. 

The Sheriff told him, if he had any thing to 
say by way of confession or contrition, he might 
proceed, otherwise it was not seasonable for 
aim to go on with such like expressions. Being 
asked if he kpew any thing of the murder of 
sir Edmund. Godfrey, he declared upon the 
words of a dying man, he knew not arty thing 
of it, for that he was a prisoner at that time. 
Then after some private prayers and ejacula- 
tions to himself, the sentence was executed. 

He had been made to believe, that he should 
have a pardon, which he depended on with so 
much assurance, that a little before lie was 
turned off, finding himself deceived, he was 
heard to say, ' There is no faith in man/ 



79] STATE TRIALS, 30 Charles II. 1 678.^7>w/ of Ireland, Pickering, [80 



245. The Trial of William Ireland, Thomas Pickering, 
and John Grove, at the Old Bailey, for High Treason: 
30 Charles II. a.d. 1678* 



ON Tuesday the 17th day of December, 1678, 
Thomas White alias Whitebread, Win. Ireland, 
John Fen wick, Thomas Pickering and John 
Grove, were brought from his majesty's gaol of 
Newgate to the Sessions-house at Justice-Hall 
in the Old Bailey, being there indicted for High 
Treason, for contriving and conspiring to mur- 
der the king, to receive their trial ; and the 
Court proceeded thereupon as fulloweth: 

The Court being sat, proclamation was made 
for attendance, thus : 

Clerk of Crown, Crier, make proclamation. 

(frier. O yes, O yes, O yes ! All manner of 
persons that have any thing to do at this gene- 
ral sessions of the peace, sessions of Oyer and 
Terminer holden for the city of London, and 
gaol-delivery of Newgate, holden for the city of 
London and county of Middlesex, draw near 
and give your attendauce, for now the Court 
will proceed to the pleas of the crown for the 
same city and county. God save the king. 

Cl.ofCr. Crier, make proclamation. 

Crier. O yes ! All manner of persons are 
commanded to keep silence upon pain of impri- 
sonment. Peace about the Court. 

CLofCr. Crier, make proclamation. 

Crier. O yes ! You good men of the county 
of Middlesex that are summoned to appear 
here this day, to enquire between our sovereign 
lord the king and the prisoners that are and 
shall be at the bar, answer to your names as you 
shall be called, every one at the first call, and 
save your issues. 

The Jurors being called and the defaulters 
recorded, the Clerk of the Crown called for the 
prisoners to the bar, viz. Thomas White alias 
Whitebread, William Ireland, John Fen wick, 
Tho. Pickering and John Grove, and arraigned 
them thus : 

CI. of Cr. Thomas White alias White- 
bread, hold up thy hand : Which he did. Wil- 
liam Ireland, hold up tby hand : Which he did. 
John Fenwick, hold up thy hand : Which he 

* From a pamphlet, intitled : " The Trials 
of William Ireland, Thomas Pickering, and 
John Grove; for conspiring to Murder the 
King: who upon full evidence were found 
Guilty of High Treason, at the Sessions-House 
in the Old Bailey, December 17, 1678. And 
received Sentence accordingly. London, print- 
ed for Robert Pawlet at the Bible in Chancery- 
lane, near Fleet-street, 1678. ' December 17, 

* 1678. I do appoint Robert Pawlet to print 
< the Trials of William Ireland, Thomas Picker- 

* iog, and John Grove : And that no other 
' person presume to print the same. William 
•Scrooos.'" 

* See the Introduction to the Trials for the 
Popish Plot; ante, vol. 6, p* J430. 



did. Thomas Pickering, hold up thy hand : 
Which he did/ John Grove, hold up thy hand : 
Which he did. 

You stand indicted by the names of Thomas 
White alias Whitebread, hue of the parish of 
St. Giles in the fields, in the county of Middle- 
sex, clerk : William Ireland, late of the same 
parish and county, clerk : John Fenwick, late 
of rhe same parish and county, clerk : Thomas 
Pickering, late of the same parish aud county, 
clerk : and John Grove, late of the same parish 
and county, gent. For that you five, as false 
traitors, &c. against the peace of our sovereign 
lord the king, his crown and dignity, and 
against the form of the statute in that case 
made and provided. How sayest thou, Thomas 
White alias Whitebread, art thou Guilty of this 
High Treason whereof thou standest indicted, 
or Not Guilty ? 

Whitebread. Not Guilty. 

CI. of Cr. Culprit, how wilt thou be tried ? 

Whitebread. By God and ray Country. 

CL of Cr. God send thee a good delirer- 
ance. How sayest thou, William Ireland, art 
thou Guilty of the same High Treason, or Not 
Guilty ? 

Ireland. Not Guilty. 

CL of Cr. Culprit, how wilt thou be tried ? 

Ireland. By God and my Country. 

CI. of Cr. God seud thee a good deliver- 
ance. How sayest thou, John Fen wick, art 
thou Guilty of the same High Treason, or Not 
Guilty ? 

Fenwick. Not Guilty. 

Cl.ofCr. Culprit, how wilt thou he trie'd ? 

Fenwick. By God and my Country. 

CI. of Cr. God send thee a good deliver- 
ance. How sayest thou, Thomas Pickering, art 
thou Guilty of the same High Treason, or Not 
Guilty ? 

Pickering. Not Guilty. 

CL ofCr. Culprit, how wilt thou be tried ? 

Pickering. By God and my Country. 

CL of Cr. God send thee a good deliver- 
ance. How sayest thou, John Grove, art 
thou Guilty of the same High Treason, or Not 
Guilty? 

Grove. Not Guilty. 

CL of Cr. Culprit, how wilt thou be tried ? 

Grove. By God aud my Country. 

CL of Cr. God send thee a good deliver- 
ance. You the prisoners at the bar, those men 
that you shall hear called and do personally 
appear, are to pass between our sovereign lord 
the king and you, upon trial of your several 
lives and deaths ; if therefore you or any of 
you will challenge them or any of them, your 
time is to speak unto them as they come to the 
book Co be sworn, before they be sworn. Sir- 
Philip Matthews to the book. 



SI] STATE TRIALS; SO CaUium II. 107*— earf Grim, Jot High 7V*n*s*. [Si 



Sir Phim Mmltktm*. I desire shr William 
Boberts may be called first. Which was 



CL if Cr. Sir William Roberts to the 
look. Look -upon the prisoners. Yoo shall 
well and truly try, and true deliverance make 
bet wee n oar sovereigu lord the king and the 
prisoners at the bar, whom yoo shall have in 
toot coarse* according to your evidence. So 
help you Dud. 

The same oath was administered to the rest, 
the prisoners challenging node, and their names 
in order were thus : Sir William Roberts, hf. ; 
sir Philip Matthews, bt. ; sir Charles Lee, kt. ; 
Edward Wiltord, esq.; John Foster, esq.; 
Joshua Gailiard, esq. ; John Byfield, esq. ; 
Thomas Erieaeeld, esq. ; Too. Johnson, esq. ; 
John Putford, esq.; Thomas Earnesby, esq. ; 
Richard Wheeler, gent. 

CL tf Cr 9 Crier, count these. Sir William 



Crier. One, otc. 

CL •/ Cr. Richard Wheeler. 

Crier. Twelve good men and true, stand 
together and hear your evidence. - 

CL ofCr. Crier, make proclamation. 

Crier. O yes ! If any one can inform my 
Lords the king's Justices, the king's Serjeant, 
the king's Attorney, or this Inqnest now to be 
taken between oor sovereign lord the king and 
the prisoners at the bar, let -them come forth 
and they shall be heard, for now the prisoners 
stand at the bar upon their deliverance : and 
all others that are bound by recognizance to 
give evidence against any of the prisoners at 
the bar, let them come forth and give their 
evidence, or else they forfeit their recognis- 
ance. And all jurymen of Middlesex that 
have been summoned and have -appeared, and 
, may depart the court and lake 



CL a/ Cr. Make proclamation of silence. 
Crier. O yes ! All manner of persons are 
' to keep silence, upon pain of im- 



CL <f Cr. Thomas White alias Whitebread, 
hold eptby band: Which he did, and so of the 
You that are sworn, look upon the pri- 
aod hearken to their cause. 

Yoo shall understand, that they stand in* 
by the names of Thomas White other- 
Whitebread, late of the parish of St. 
Goes in the Fields m the county of Middlesex, 
dark; William Ireland, late of the same pa- 
risk in the county aforesaid, clerk ; John 
Fenwick, fete of the same parish in the coun- 
ty aastetaid, clerk; Thomas Pickering, late of 
thoseine Parish in the county aforesaid, clerk ; 
sad John Grove, late of the tame parish in the 
county aforesaid, gentleman : For tliat they as 
fosse traitors of the most illustrious, serene, and 
most excellent prince, our sovereign lord 
Charles 3, by the grace of God of England, 
Scotland, France, and Ireland, king, defender 
af the faith, Sic. theirs supreme and natural 
lord, not having the fear of God in their hearts, 
tor the duty of their allegiance any ways 

tot. Til, 



weighing, but being moved and seduced by 
the Mitigation of the devil, the cordial love, 
and tree, due, and natural obedience, which 
true and faithful subjects of our said sovereign 
lord the king towards our said sovereign lord 
the king should and of right ought to bear,, al- 
together withdrawing, and endeavouring, and 
with their whole strength intending, Che peace 
and common tranquillity of this kingdom of 
England to disturb, and the true worship of 
God within this kingdom of England used, and 
by law established; to overthrow ; and to move, 
stir up, and procure rebellion .within this king- 
dom of England, and the cordial love, and true 
and due obedience, which true and faithful 
•objects of our said sovereign lard the king 
toward our said sovereign lord the king should 
and of right ought to bear, wholly to. withdraw, 
vanquish, and extinguish, and our said sove- 
reign lord the king to death and final destruc- 
tion to bring and put, the 24th day of April, in 
the year of the reign of our said sovereign ford 
Charles «, by the grace of God of England, Scot- 
land, France, and Ireland, king, defender of the 
Faith, etc. the 30th, at the parish of St. Giles 
in the Fields aforesaid, in the county of Mid- 
dlesex aforesaid, falsely, maliciously, deceit- 
folly, advisedly, and traitorously, they did 
propose, compass, imagine, and iotend to stir 
up, move, and procure sedition and rebellion 
within this kingdom of England, and -to procure 
and cause a miserable slaughter among the sub* 
jects of our said sovereign lord the king, and 
wholly to deprive, depose, throw down, and 
disinherit our said sovereign lord the king from 
his royal state, title, power, and government 
of this his kingdom of England, and him our 
said sovereign lord the king to put to death, and 
utterly to destroy, and the government of this 
kingdom of England, and the sincere religion 
and worship of God in the same kingdom, 
rightly and by the laws of the same kingdom 
established, for their will and pleasure to 
change and alter, and wholly to subvert and 
destroy the state of the whole kingdom, being 
in all parts thereof well instituted and ordered, 
^and to levy war against oor said sovereign lord 
the king within this bis realm of England: And 
' to fulfil and bring to pass these their most wick- 
ed treasons and traitorous designs and pur- 
poses aforesaid, they the said Thomas White 
otherwise Whitebread, William Ireland, John 
Fen wick, Thomas Pickering, and John Grove, 
and other faUe traitors unknown, the said 34th 
day of April, in the said 30th year of the reign' 
of our said lord the kins;, with force and arms, 
etc. at the parish of St. Giles in the Fields 
aforesaid, in the county of Middlesex afore- 
said, falsly, maliciously, deceitfully, advisedly,* 
devilishly, and traitorously did assemble, unite,' 
and gather themselves together, and then and 
there falsly, maliciously, deceitfully, advisedly, 
devilishly, and traitorously they did consult and 
agree to put and bring our said sovereign lord 
the king to death and final destruction, and to 
alter and change the religion rightly and by the 
laws of the ssme kingdom established, to the 

G 



88] STATE TRIALS, SO Cnaaxw IL \6n~Trml tf Ircl**L Pickering. [tt 

superstition of die ebureb of Bom« ;, and the 
sooner to .bring to pass and accomplish tho 
tame their moat wicked treasons ami traitorous 
imaginations and purposes aforesaid, they the 
said Thomas White otherwise Whitebread, 
William Ireland, John Fen wick, Thomas 
Pickering, John Grove, and other fake trait 
tors of oar said sovereign lord the king un- 
known, afterwards (to wit) the said 24th day of 
April, in the said 30th year of the roign of out 
said sovereign lord the king, at the said parish 
of St. Giles in the Fields, in the county ot Mid* 
dleaex aforesaid, falsely, deceitfully, advisedly, 
maliciously, devilishly, and traitorously they did 
consult and agree, that they the said Thomas 
Pickering and John Grove should kill and mur- 
der our said sovereign lord the king : And that 
they the said Thomas White otherwise White- 
bread, William Ireland, John Feowick, and 
other false traitors unknown, should therefore 
say, celebrate, and perform a certain number 
of masses (then and there agreed on among 
them) for the good of the soul of the said Tho- 
mas Pickering, and should therefore -pay to the 
said John Grove a certain sum of money (then 
and there also agreed on among them) : And 
furthers that the said Thomas Pickering and 
John Grove upon the agreement aforesaid, then 
and there falsely, deceitfully, advisedly, mali- 
ciously, devilishly, and traitorously -did under- 
take, and to the said Thomas White otherwise 
Whitebread, WiHiam Ireland, John Fen wick, 
and other false traitors of our said sovereign 
bard the king unknown, then and there falsely, 
deceitfully, advisedly, maliciously, devilishly, 
and traitorously tbey did then and there pro- 
mise, that they, the said Thomas Pickering and 
John Grove our said sovereign lord the king 
would, kill and murder : And further, that 
tbey . the said Thomas White otherwise 
Whitebread, William Ireland, John Fen wick, 
Tliomas Pickering, and John Grove, and other 
faketraitors of oar said sovereign lord the king un- 
known, afterwards to wit the .said 24th day of 
April,iu the said 30th year of the reign of our said 
sovereign lord the king, at the said parish of 
St. Giles in the fields in the county of Middle- 
sex aforesaid, falsely, decei til oily, advisedly, 
maliciously, devilishly, and traitorously, did 
severally plight their faith every one to 
other ,of them, and did tlwu and there swear 
and promise upon the Sacrament, to conceal 
and not to divulge their said most wicked trea- 
sons, and traitorous compassings, consultations, 
and purposes aforesaid, so among them had, 
traitorously to kill and murder our said so- 
vereign lord the king, and to introduce the 
Roman religion, to be used within this king- 
dom of England, and to alter and change the 
true reformed religion, rightly and by the laws 
of this kingdom of England in this same kingdom, 
of England established ; And further, that tbey 
the said Thomas Pickering and John Grove, in 
execution of their said traitorous agreement, 
afterwards, to wit, the said 84th day of April, 
in the said 30th year of toe reign of our said 
sovereign lprd the king, and divers other days 



and times afterwards at the said pariah of St. 
Giles in the fields and in the said county of 
Middlesex, falsely, deceitfully, advisedly, s»« 
liciousiy, devilishly, and traitorously, tbey did 
prepare and obtain to themselves, and bad and 
did keep musquets, pistols, swords* daggers, 
and other offensive and cruel weapons and in* 
strumenrs, to kill and murder our said sovereign 
lord the king ? And that they the said Thomas 
Pickering and John Grove afterwards^ to wit, 
the said 24th day of April, in the said 86th 
year of the reign of our said sovereign lord the 
king> and divers days and times afterwards with 
force and arms, &c. at the said parish of St.: 
Giles in the Fields iu the county of Middlesex 
aforesaid, and in other places within the said 
county of Middlesex, falsely, deceitfully, ad* 
yisedly, maliciously, and traitorously, did lie 
in wait, and endeavour to kill and murder ou* 
said sovereign lord the king ; and further, that 
they the said Thomas White otherwise Wnite-i 
bread, William Ireland, John Fenwick, and 
other false traitors unknown, afterwards, to wit, 
the said «4th dajr of April, in the said 30th 
year of tire reign of our said sovereign lord the 
king, at the said parish of St. Giles in the Fields,' 
in the county ot Middlesex aforesaid, falsely, 
deceitfully, advitedly, maliciously, devihahry, 
and traitorously, did prepare, persuade, excise, 
abet, comfort and counsel four other persona 
unknown, and subjects of oar said sovereign- 
lord the king, traitorously to- kill and murder 
our said sovereign lord the king, against the 
duty of their allegiance, against tha peace of our 
said sovereign lord the king, bis crown and dig- 
nity, and against the form of the etatute in that 
behalf made and provided. 

Upon this Indictment they hare been arraign- 
ed, and thereunto have severally pleaded, Not 
Guilty, and for their trisl have put themselves 
upon God and their country, which country 
you are. 

Your charge therefore is to enquire, whether 
they or any of them be Guilty of the High-* 
Treason whereof they stand indicted, or Not 
Guilty. If you find them or any of them 
Guilty, yon are to enquire what goods or chat- 
tels, lands or tenements, those you find guilty 
had at the time of the High-Treason commit- 
ted, or at any time since, if you and them or 
any of them Not Guilty, you are to enquire 
whether they did fly for it : If you find that 
they or any of them fled • for it, you ape to en- 
quire of their goods and chattels, as if yon bed 
found them Guilty. If you find them or any 
of them Not Guilty, nor that they nor any of 
them fled for it ; say so, and no more, and hear ^ 
yon r evidence. 

Make Proclamation of Silence on bothsidW 
Which was done. 

Then sir Creswell Levinz, one of the king** 
learned counsel in the law, opened the Indict-, 
ment thus : 

Sir CrtsmtU Levins. May it please your, 
lordship, and you gentlemen of the jurjr : 
These prisoners at the bar, Thomas White alms 



tt] STATE TRIALS* JO CsmiiulUL mt.-+**d Grew, fir High 7W*mw. (M 

Whitehead, Witbanv Ireland, John Ftnwiek. 
Tnsssns Pk&essog, and John Grove, do ail 
stand ■dieted of High-Treason; for that 
whereas they, as raise traitors, ateaniag aad 
sVn ga ing to disturb the peace of the kingdom, 
to levy war within the km g dom, to make mi- 
serable slaughter against tie king's subjects, to 
subvert the religion established by (he lap of 
die bad, to introduce (he superstition of- the 
caercbof Rope, and to bring (a death aad 
final destruction, and to awarder and assnsaiaate 
ear sovereign lord the king, thai did, to effect 
these things, the £4th of April last assemble 
themselves together, with niaay other false 
Crartosa jet unknown, in the parish of St 
Giles to toe Fields in the county of Middles**, 
sad there, being so assembled, the better to 
enVct these designs did make agreements and 
conspire together ; first, that Picketing and 
Grose should kill the king, end that White and 
the rest of the persons that stand indicted* with 
■any other traitors, should say a great num- 
ber ot Meases tor the soul of the said Picker* 
iog,I think 3O.000 ; and they did further agree 
there, that Grove should have a great sum ef 
money ; and upon this agre em ent Grove and 
Pieserrog did ondertake and promise the? 
would do this tact, and did then and there take 
the Sacrament and an oath to one another upon 
sfe Sacrament, that they would conceal these 
their treasons, that they might the better effect 
these; and that in pursuance ef this, Grove 
and Pickering did divers times lie ia wait to 
naveer the king, and did provide arms to do it : 
And the Indictment further sets forth, that 
White and Ireland, aad Feawick, and many 
other traitors .yet unknown, did procure four 
other persons yet also unknot n, lor to kill the 
king, against the peace of our sovereign lord 
the long, his crown and dignity, and against the 

ef the statute. These are the heads ef 

facts for which they stand indicted . They 

all pleaded Not Guilt? : If we prove 

or any of them Guilty of these or any of 

sects, according to the evidence you shall 
hope you will find it. 



Sir Samuel Baldwin, one of bis majesty's 
Serjeants at law, opened the Charge as tot- 
Wweth: 

Sir Samuel Bsldsri*. May it please your 
lordship, aad you gentlemen of the jury, the 
asrione bare before you stand indicted of High* 
Tic mm ; they are five in number, three of them 
are Jesuits, one is a priest, the fifth is a lar- 
ssan, persons fitly prepared for the work in 



Gentlemen, it is not unknown to most per- 
nay to every one amongst us that bath 
the least observed the former times, how that 
since the reformation there bath been a 
carried on to subvert the government, 
/destroy the Protestant religion established 
herein England; for during all the reign of 
snsen Flfff-*'** 11 several attempts were made 
ay several Priests, and Jesuits, that came 
feus* beyond the eejmi>bougk . tie* Jawt were 



then sevett against thesn), to destroy the queen 
and alter the religion established here ia Eng- 
land, and so introduce Popery aad die super- 
stition of the Church of Home. 

But the conspirators from time to time, dor* 
ingall the queen's reign were disappointed, as 
Edmund Campion, * and several other Jesuits, 
who came over in that time, and were executed, 
and did suffer for their treasons according to 
law : At length, about the latter end of the 
queen's time, a Seminary for the English Je- 
suits was founded at VaJiadolid in Spain, and 
you know the employment such persons have. 

And scon after the queen's death, ia the >be» 
ginning of the reign of king James several per* 
seas came over into England from this very se* 
miliary, who together with one Henry Garnet, i 
Superior of the Jesuits then ia England, and 
divers others English papists, hatched that hel- 
lish Gunpowder* Plot ; whereby what was de- 
signed yon all know ; but as it fell out, these 
persons, as well as those m queen Elisabeth's 
time, were likewise disappointed, and for their 
execrable treasons in the 3d veer of king James 
were executed at Tyburn and other places. 

This is evideat by the very act of parliament 
in 3 Jacohi, in the preamble whereof mention 
is made that Creswell and Tesmond, Jetuits, 
came from Valladolid in Spain to execute this 
Gunpowder*Treason with the popish party here 
in England. 

And, gentlemen, after this treason, so mira- 
culously discovered, was punished, one would 
not have thought that any future age would 
have been guilty of the like conspiracy, ; but it 
so foils out, that .the mysterv of Iniquity and 
Jesuitism still worketh, for there hath of rate 
been a sort of cruel and bloody-minded persons 
who, ia hopes to have better success than they 
bed in former limes, during the reigns of queen 
Elisabeth end king James, have set on foot as 
horrid a design as that of the Genpowdarw trea- 
son ; I can resemble it to no oilier Plot, or 
design, or treason in any other time, and trulv 
it does resemble that in many particulars s l 
may any, it doth at the least equal k, if not ex- 
ceed it. 

I shall mention two or three particulars 
in which ibis Plot doth resemble that. 

1. That horrid design was to take away the 
life of the then king, to subvert the government, 
to introduce the popish religion, and to destroy 
the established Protestant religion in England ; 
and so gentlemen, we think our proofs wil 
make it out that ia each of these particulars 
this design is the same that that was. 

9. The great actors in that design worn 
Priests and Jesuits that came from Vaiindolid 
in 6pain, and other places beyond the seas. 
And the great actors in this Plot are priests and 
Jesuits, that are come from St. Oroere and 
other places beyond the seas nearer home than 
Spain. 

3. That plot was chiefly guided and mansged 



T»- 



* See vol. 1, p. 1040, of this Collection, 
t See voL 3, p. Sin. . 



ft7] STATE TR1AIS, SO CiurUs U. ie7ft.~7ml 0/ IreUmd, Pickering, [89 



by Henry Garnet superior find provincial of 
the Jesuits then in England ; and the great 
actor in this design is Mr. Whitebread, snperior 
and provincial of the Jesuits now in England ; 
so that I say ia the«e several particulars it does 
resemMe the Gunpowder-Plot. 

Gentlemen, In this plot, of which the pri- 
soners now stand indicted, several persons have 
several parts : Some of these persons are era- 
ployed to keep correspondence beyond the 
seas (of which en ore hath been said in another 
place, and so I shall uot speak of it here) : others 
were to procure and prepare aid and asistance 
hare in England who were to be ready when 
there should be occasion to use it. But the 
great part that these persons (the prisoners at 
the bar) were to act in this conspiracy, was, to 
take away the life of our sovereigo lord the 
King, on whose preservation the safety and 
welfare of three nations (and millions of men) 
doth depend. Now the facts for which the five 
prisoners stand indicted, I shall open thus c 

1. They are here indicted for conspiring the 
death of his sacred majesty : they did agree 
to take away the king's life ; and entering into 
such an agreement, they hired some persons 
amongst them to. do it ; and this agreement was 
made the 84th of April last 1/J78. 

2. There is another fact they likewise stand 
indicted for: 'That they did ' endeavour and 
contrive to change and alter the religion esta- 
blished in the nation, and iutroduce popery in 
tlie room of it.' The manner how to effect this t 
was thus, if my information be right ; you shall 
hear that from the evidence. Mr. Whitebread 
being resident here in England, and Superior of 
the Jesuits, did in February last think fit (being 
lmnowered by authority from Rome) to give 
summons to the Jesuits abroad, at St. Omers, 
and other places beyond the seas, that they 
should come over here into England, to be ready 
at London, on the 94th of April, the day laid 
in the Indictment, and which ia the day after 
6t George's day ; and their design was (as will 
appear by the proof) to contrive now they may 
take away the life of the king : for if that were 
once done, they thought, in all other things, 
•heir design would easily be accomplished. 
After the Summons were out, they were so offi- 
cious for the accomplishing of this great end, 
jthat between 40 and 60 Jesuits did appear here 
at London at the time (for thither they were 
summoned), and there the meeting was ap- 
pointed to be. At the White Horse Tavern in 
the Strand they were to meet first; but being 
so great a number that they were likely to be 
taken notice of, if they came all together, it 
was so ordered, they should come but a few 
at a time and go off in small numbers and 
others should succeed them, till the whale 
number had been there. And there were 
directions, given, and a count taken, that 
there should be some person to tell them whi- 
ther they should go from thence. After they 
had met there at several times in the same day, 
they were appointed, and adjourned to be at 
several other places; some of them were ap- 



pointed, to be at Mr. Whitehead's lodging, and 
that was in Wild<6treet, at one Mr .Sanders'* 
house ; others were appointed to go to Mr. Ire- 
lands*s lodging, which was in Russel-Street (and 
this Mr. Ireland was treasurer of the Society) : 
and others were to meet at Mr. FenwicVs 
chamber in Drury-Lone ; and he was at that 
time Procurator and Agent for that Society. 
Others were appointed to meet at Harcourt's 
lodging ; and others at other places. 

When they came there, they all agreed to the 
general design of the first meeting, which waa 
To kill the king. Then there was a Paper, or 
some instrument to be subscribed. This was 
done, and the Sacrament was taken for the con- 
cealment of it After that, Whitebread, Ire- 
land, Fen wick, and others did agree that Mr. 
Grove and Mr. Pickering should be employed 
to assassinate the king. One of them (Mr. 
Grove) being a lay brother, was to have 1,500/. 
a great sum ; the other, as a more suitable re- 
ward for his pains, was to have 30,000 masses 
said for his soul. Mr. Whitebread, Mr. Ire- 
land, and Mr. Fenwick, were all privy to this 
design; and this was the 94th of April. Ia 
August after (they being appointed to kill the 
king, but it not taking effect, either their hearts 
misgave them, or they wanted opportunity) 
there was another meeting at the Savoy, where 
the witnesses will tell you, four Irish persons 
were hired for to kill the king. And this was 
ordered, in case the other design took not effect. 
There was fourscore pounds sent down to them 
to Windsor, where they were to have done the 
met. After this, other persons were appointed 
to do the eiecntion, and they were to take 
the king at his morning walk at New-Market. 

These persons were all disappointed in their 
design. But you shall hear what was the 
Agreement how it was carried on, and what 
rewards were given to carry it on. We shall 
acquaint you likewise, that for the bottom of 
this design (when so many Jesuits should come 
over, when they should have so many consulta- 
tions, and when they should resolve to kill the 
king) there could be no less than the altering 
of Religion, and introduction of Popery here 
in England. And that time, at the first meet- 
ing, they had ordered, That Mr. Cary a Jesuit, 
as their procurator and ageftt, should go to 
Rome, to act their concerns there. All which 
things and more will be made out to you by 
witnesses produced. There are likewise some 
other circumstances that will be material to 
confirm those witnesses. We shall produce to 
you a Letter written in- February last, aboat 
that time that Mr. Whitebread sent over his 
summons for the Jesuits to appear here. This 
Letter was written by one Mr. Peters, a Jesuit 
now in custody ; and now it is written to one 
Tunstal, a Jesuit, to give ssjn notice, That be 
should be in London about the 91st of April, 
and be ready on the 24th of April : That be 
knew what the business was ; but he did advise 
him, that he sliould conceal himself, lest the 
Plot (by observation) should be discovered. 
We shall titans* produce several other cvw 



tt] STATE TRIALS, 30 Charles II. 1 67 $-r-uxd Gr<m, fir Bigh Tr 



fences, to strengthen and confirm the* wit* 
newest we shall first call oar witnesses, and 
enter upon the proof. 

Mr. Finch opened the Evidence thus : 

Mr. Watch. May it please your- lordship, 
and job gentlemen of the jury ; before we call 
oar Witnesses, I would beg leave once more to 
remind yoo of wbattiatb already been opened 
aoto you : the onality of the offenders them- 
selves, and the' natare of the offence they stand 
i ndict ed of. For the offenders they are most 
of them Priests and Jesaits ; three of them at 
the lease are so ; the other two are the accursed 
instruments of this design : For the offence, 
itself, 'tis High Treason. 

And though it be High-Treason by the 4 
statute of 27 Eiiz. for men of that profession to 
come into England ; yet these men are not 
indicted upon that law, nor for that treaton : 
I take notice of to you, for the prisoners 
►, that they should not fancy to tiiemseives 
~ Martyrdom for their Religion, as 
of them have vainly imagined in their 
and for your sakes too, that as at first, it 
treason, repeated acts of treason in these 
ssen; and those proceeding from a principle 
of religion too* that justly occasioned the making 
that-iaw : so here you might observe a preg- 
nant instance of it in the prisoners at the bar, 
That whenever they had an opportunity, as now 
they thought they had, they have never failed 
to put those principles into practice. 

So now, Gentlemen, as they are not iodicted 
for being priests, I most desire you to lay that 
quite of the case, and only consider that they 
stand here accused for treaton ; such treason, 
*§ were they laymen only, they ought to die 
fork; thoogh I cannot but observe, they were 
the sooner traitors for' being priests. 

The treason therefore they stand indicted of, 
is of the highest nature: It is a conspiracy to 
kill the kin£, and that too with circumstances 
so aggravating (if any thing can aggravate that 
efience which is the highest,) that nothing less 
than the total subversion of the government, 
and otter destruction of the Protestant Religion 
wonld serve their tarns. And really, when 
yen consider the root from whence this treason 
springs yon will cease wondering that all this 
should be attempted and rather wonder that it 
was not done. 

Mischiefs have often miscarried for want of 
*s ckedne s» enough; the horror of conscience 
or eke the malice of the aggressor not being 
eanal to the attempt, has sometimes prevented 
the execution of it. Here is no room for any 
tbiee; of this kind : this treason proceeds from 
a principle of religion, from a sense that it is 
lawful ; nay that they ought to do these things ; 
and every neglect here is looked on as a piece 
of irreiigion, a want of seal ; for which one of 
the prisoners did penance, as in the course of 
ear evidence we shall prove unto you. 

And when we consider, too, that this is 
carried oo, not by the fury of two or three 
nosy men orer- zealous in the cause, but by 



the deliberate and steady ronnssit efthe whole 
order, and that too under the obligations of se- 
crecy, as high as Christian Bnngjnn can lay on 
them ; yoo have great reason to wonder that it 
did not succeed. And yet after all this they 
have not been able to prevail. Not that we can 
brag of any human policy that did prevent it t 
No ; all that the wit of man could do, these 
men bad done : but it was the providence of 
God, it was bis revelation: that providence , 
that first enlightened his church, and has nee- 
served it against all opposition heretofore, baa 
once more disappointed their counsel*, and 
preserved the king and this nation in the pro- 
fession of that true religion these men have 
vainly attempted to destroy. 

Gentlemen, I wall not open to you the parts* 
cnlars of our Evidence; that I hud rather should 
come from the witnesses themselves . I shall 
only in general tell you what will be the course 
of it. vVe shall prove unto you, That there 
was a summons for a consultation to be held 
by these men the 94th of April Inst, from the 
provincial Mr. Whitebread : That they had a • 
caution given them, not to come too soon, nor 
appear much about town, till the consultation 
were over, lest occasion should be given to sus- 
pect the design > That accordingly a consulta- 
tion w.;s held, as they say, to send Cary, their 
procurator, to Roiu» ; though we shall prove to 
you it was for other purposes: That they ad- 
journed from their general assembly into lesser 
companies ; where several persons d»d attend 
them to carry intelligence of their several re- 
solutions t That at these several consults they 
did resolve the king was to be killed : That 
Pickering and Grove should do it ; for which 
the one was to have 90,000 masses said for his 
soul ; the other was to have 1,500/. That in 
prosecution of this design, they made several 
attempts to execute it: That they lay in wait 
for the king several times in St. James's Park, 
and other places : And that once in particular 
it had been done by Pickering, if it had not 
pleased God to have prevented it by an acci- 
dent unforeseen : The font of his pistol being 
loose, he durst not then attempt it, though be 
had an opportunity : For which neglect, we 
shall prove to you, he underwent the penance 
of 90 or SO strokes. That when these men had 
failed, we shall prove to you they hired f<»ur 
ruffians to murder the king at Windsor, and 
after that at New-market. Thus they way- 
laid him in all his .privacies and retirements* 
wherever they could think it most convenient to 
% execute their design. 

And this we shall prove by two witnesses; 
who though they should not speak to the same 
consultations, nor the same times, yet tljey are 
still two witnesses in Isw. For several wit- 
nesses of several overt-acts are so many wit- 
nesses to the treason : because the treason con- 
sists in the intention of the man, in the com- 
passing and imagining the death of the king. 
The several overt-acts which declare that inten- 
tion, are but as so many evidences of the trea- 
son. We will call our witnesses, and make out 
what has been opened to you. 



91} «ATE THALS, 30 Chaklks II 

CI ofCr. lin Oates, Lay your hand upon 
the- book. The evidence 5011 shall give for oar 
sovereign lord the king, against Thomas White 
alias Whitebread, William Ireland, John Fen- 
wrick, Thomas Pickeriag, aad John Grove, the 
psisouers at the bar, shaU be the truth, tlte 
whole truth, awl nothing but the truth. So help 
^euGod. 

Mr. Serj. BaUwyn. Pray, Mr. Oates, will 
yea declare to the court and the jury, what 
design there was for the killing of his majesty, 
and by whom. 

• Mr. Oates. My lord, in the month of De- 
cember last, Mr. Thomas Whitebread did re- 
ceive a patent from the general of the Jesuits 
at Rome to be proviucial of the Order : alter 
he bad received ibis patent, be sent order to 
one George Convert, a Jesuit at St. Omers, to 
preach upon St. Thomas of Canterbury's day; 
and by virtue of this order, George Conyers did 
preach against oaths of allegiance and supre- 
macy, and did in his doctrine call them anti- 
christ! an and devilish. My lord, in the month 
of January, (his Mr. Whitebread did send se- < , 
veral letters to St. Omers; in which letters 
there was contained intimation of his intent to 
proceed against the king's person to as sa ssin a t e 
him; which letters were written to Richard 
Aehby. My lord*, in the month of February, 
there comes an order from htm as provincial, 
for several of the Jesuits to make their ap- 
pearance at London, to be there at a consult 
to be held the 94th of April O. S. 
' L. C. J. (sir William Scroggs.) Where was 
Whitebread then? 

Mr. Oatet. He was then in London, my 
lord, as I suppose by the dating of his letters. 
My lord, from Mr. Whitebread after this sum- 
mons, we received a second summon*, which 
came the 5th of April, N. 8., and upon the 
summon* there were nine did appear at Lon- 
don, the Rector of Liege, sir Thomas Pres- 
ton, the Rector of Ghent, whose name is 
Marsh, the Rector of Wotton, whose name 
is Williams, and one sir John Warner, 
and two or three more from St, Omers; and 
there was a special order given us, my lord, 
to keep onrselves close, lest we should be sua* 
pected, and so our design di»clo*ed. My load, 
upon the 94th of April, O. S. we did appear in 
the consult. The consult was begun at the 
White-horse tavern in the Strand*, ond there 



,•.— »«•*- 



* This was the perjury assigned in the In- 
dictment on which, upon May 8th, 1685, 
Oates was convicted of perjury, See the Trial, 
infra. " I waited on the king [James Sd] in his 
barge from Whitehall to Somerset-bouse, where 
he went to visit the Queen Dowager. It was. 
upon this day that the noted Dr. Gates was 
convicted of Perjury ; it being proved that he 
was at St. Omers the 94th. of April, 1678, when 
he swore be was at the White-horse tavern in the 
Stntod, where Pickering, Graven, Ireland, and 
other Jesuit* signed the death of bine, Charles 
the Secood. This was a grateful heanng to the 
ling, who thereupon observed, that indeed 



1 G78.~.7to/ qf IrsUmd, Pickrimg. l» 

tliey met in several rooms; they came in by de- 
grees ; aad ae the new ones came on, the old ones, 
those that bad been there before them, fell off. 
And there was one John Cary appointed to go 

Crocurntor for Rome, and he was so appointed 
y the suffrages of the three prisoners at the 
bar, Whitebread, Ireland, and Fenwick. It 
was afterwards adjourned into several collo- 
quies, or little meetings ; one meeting was at 
Mrs. Sander* a house, that huts upon Wild- 
house; a second was at Mr. Ireland's ; a third 
was at Mr. Harcourt's ; a fourth was at Mr. 
Grove ; and other meeting or meetings there 
were, but F cannot give a good account ef them. 
My lord, after they had thus met, and debated 
the state of religion, and the life of the king, 
they drew up this resolve; it was drawn up by 
oneMico, who was secretary to the society, and 
Socius, or companion to the provincial. 

L. J. C. When was that done ? 

Mr. Octet. That day, my lord.' The Re- 
solve, my lord, was thia, as near as I can re- 
member the words : It is resolved. That Tho- 
mas Pickering and John Grove shall go on in 
their attempt to assassinate the king (whether 
they used the word assassinate, I cannot re* 
member, but the. meaning was, they should 
make an attempt upon bis person), and that 
tiie reward of tlte one, that is Grove's, should 
be 1,500/., and that Pickering's rewaid should 
be 30,000 masses. My lord, after this resolu- 
tion was signed by Whitebread, it was signed 
by Fen wick and Ireland, and by all the four 
clubs : I saw them sign it, for I carried the in- 
strument from one to another. 

L. C J. What was it they signed ? 

fate*. Tlte resolve of the consul L 

L, C. J, What, that which was drawn op by 
Mice ? 

Oates. Yes, my Lord, that which was drawn 
up by Mice. 

Whitebread. Doth he say that he saw them 
sign it?— 'Gales. Yes, I did see them sign it. 

Jury. We desire he may be asked where he 
saw 1 hero sign it. 

(Jutes. Mr. Whitebread signed it at that 
part of the consult that was at bis chamber, 
Ireland did sign it at that part of the consult 
that was at his chamber, Feu*ick signed it at 
that part of the consult that was at bis cham- 
ber. 

there had been a meeting of the Jesuits that 
day, and that all the scholars of St. Genera 
knew of it ; but that it was weU Dr. Gates 
knew no better where it was to be, for, aaya 
his majesty, they met in Sl James's,- where I 
theo lived ; which if Oates bad but known, he 
would have cut out a fine spot of work fo/me. 
The king then subjoined, that Oates being 
thus convicted, the Popish Plot was now dead t 
to which I answering, that it had been long 
sine* dead, and that now it would be buried, 
his majesty so well approved of the turn, that 
going with him afterwarti* to the Princess of 
Denmark's, I heard him repeat it to her. 1 ' Sis 
John Reresby's Memoirs, p. 19*> 



13] STATE TRIALS, 50 Caailes II. 16?8.~wd Crow, /far A%/< Treasm. [<K 



Wkiu&rtad. Were yea at ell these places? 

(hta. I went with k from place to piece; 
bet 1 sscotion no more now, bet only these. 

Whitebread* You were not at ell these places, * 
aeo* saw them sign k there, were you? 

(fates. Yes, I did see them sign it at all those 
places. My Lard, ia the month of May, Mr. 
Whtcebreod came over as provincial from Eng- 
land to St. Omers, to begiu his provincial visita- 
tion, and wkh him came Gary and his com* 
pankra Mice. Cary left St. Omers to begin 
his journey to Rone: Wbftebread, after he 
had given an account of what proceedings the 
catholics of Englaad had made in order to dis- 
turb die peace of the kingdom, what moneys 
had been gathered, what suffrages dispersed, 
what means bad been used, what noblemen 
bad joined in this execrable plot; he did tjien 
(ar Lord) order me to come for England. 

L.C.J. Whitebread did? 

Goltf*. Yes, iny Lord, Whkebread did. 
And, my Lord, the business I was to come into 
rjngjand for, was to nrarder one Dr. Tongue, a 
Doctor io I>frinity, who had written a fioek 
catted «* The Jesuits Morals;" that is to say, 
translated tbem out of French into English. 
My lord, I came over into England on the 23rd 
of Jane, N. S. ; I came out of Sr. Omers, that 
is, the 13th in the stile of England ; oa the 
34th N.S., I took the packet-boat at Calais; 
the 25th N. S., I met with Mr. Fenwick at 
Dover; be was come down with certain youths, 
to send them to St. Omers, and had ordered 
their passage. — My lord, with Mr. Fenwick, 
aad some other persons, we came to London in 
a coach ; and sis miles (as near as I remember 
it) on this side Canterbury, at a place called 
Bolton, oor coach was stopped by the search- 
ers, and there they did examine a box that was 
ia the coach directed for the hon. Richard 
BtundeU, esq. This box, when they opened it, 
xbey found full of beads, crucifixes, images, and 
other sorts of trumpery, that I cannot give a 
good account of; it is be can give the best : 
Mr. Fenwick went by the name of one Thomp- 
son), and did personate one Thompson, as living 
acar the Fountain-Tavern, at Charing-Cruss ; 
aad did order the searchers to write' to bhn 
there, as by the name of Thompson. When 
the bos was seised, they being prohibited goods, 
Mr. Fenwick did say, that if they had searched 
his pockets, they had found such letters about 
baa as might have cost htm his life ; but his 
Setters did escape starching. We came that 
night fo SitcJaburgb, and lay there on Sunday 
the 36th, N. &, as near as 1 remember : and t 
think we stayed there till the afternoon: We 
took coach io the afternoon, and came as far as 
Dstftastd. Ob Monday msrning we came into 
London ; aad (my lord) 'When we came into 
Landow, and had continued there some days 
(I sow lernrn to Mr. Wbitebread), there came 
ase Asbby to town ; he had been some time 
■sttor of St* Otoer*, and -was come to England 
*ek of the goat, and was to go to the Bath to 
fe cored. And he brooght instructions with 
** frtMU vVhitobroad; and the instructions 



in them these particulars: instruc- 
tions or Memorials, or what else they called 
them. I. That 10,000/. should be propased 
to sir George Wakeoteo for the killing of the 
king. 8, That care should be taken ibr the 
murder of the bishop <»f Hereford. &. That 
care should be taken for the murder of Dr» 
Stilliogfleet. 4. That though this proposal 
was made to sir George Wakeman of 10,0004. 
yet Pickering and Grove, should go on still in 
their attempts. My lord, afterwards these 
were taken and copied out, and dispersed to 
the several conspirators in the kingdom, whose 
names I cannot call to mind. Hut Coleman 
made several copies, and dispersed tbem about : 
Then the 10,000/. was proposed to sir George 
Wakeman, but it was refused. 

L. C. J. What, it was too -little ? 

Gate*. Yes, my lord, it was too Jit tie. Then 
Whitebread be writ from St. Omers, that ia 
case 10,0001. would not do, fifteen should be 
proposed, and after that he had that proposed; 
lie accepted of that. 

L. C. J, Were you by when he accepted it? 

Oate$. No, my load, I was not: But it ap- 
peared upon their entry-books, aad it appeared 
by a letter from this gentleman, Mr. White- 
bread, wherein he did shew a e/eat deal of joy 
far sir George Wakeman's accepting of the 
lSyOOOs*. My lord, after this it was agreed 
apon, that sir George Wakemaa should have 
15,000*., and 5,000*7 of it was paid by Oolemma 
or his order* Thus the state of afairs steed 
till August. Theu one Fogarthy, who is dead, 
came to a consult of the Jesuits with the Bene- 
dictines : Now at tins consult the prisoner at 
the bar Fenwick was, he was one, and Har- 
court was another. And in this consult there 
were four ruffians recommended io them. 

L. C. /. By whom? 

Oatet. By Fogarthy they were recommend^ 
ed, but accepted of by these consalrors, aad 
consented to by Fenwick. They were seat 
away, end the next day after fourscore peeed* 
was sent them, the most part of it was gold* 
and Coleman was there and -gave the messenger 
a guinea to expedite his errand. My lord, » 
the month of August there came ether letters 
from Whitebread, wherein be did give an ac- 
count of what care be had taken of the Scotch 
business ; and he ordered one Moor and one 
Senders, ahas Brown, to 'go down to .Scotland, 
and he did order the teeter of London, thee 
William Hatcourt, to teed them ; and he did 
jo send them the 6th of August, in the name of 
the provincial. 

Whitebread, From whence, { pray? 

Oat ft. From London, end they went to pro- 
secute and carry on the design which Fenwick. 
and Ireland had plotted, of a rebellion amongst 
the disaffected Scots against the governor} an* 
pointed them by the king; and thev sent down 
ministers to preach under the notion of Pres- 
byterian ministers, in order to get the dtsawest* 
ea Scots to rise, by insinuating the tad condi* 
tion they were likely to be in, by reason of epis- 
copal tyranny (as they termed it.) ^nd ehat 



M] STATE TRIALS, JO Ouklb* II. N578.— 7Wei 0/ In&stf, Pickering, [96 



they were resolved to dispose of the king, and 
they -did intend to dispute of the Duke too, in 
ease he did not appear vigorous in promoting 
the catholic religion (I speak, their, own words*) 
• L.C. J. Have von done with your evi- 
dence? What do yon know of the prisoners at 
the bar? Name them all. 

Oatet. There is Whitebread, Ireland, Fen- 
wick, Pickering, and Grove. 

X. C. J. Are you sore dickering and Grove 
accepted of the terms ? 

Oatet. Yes, my lord, I was there. 

X. C. J. Where was it? 

Gates. At Mr. Whitehead's lodgings at 
Mrs. Saunders's house. As for Grove, indeed, 
he did attend at that time upon Fenwick at his 
chamber; but after the consult was over he 
came to Whttebread's lodging*, and did take 
the sacrament and the oaths of secrecy upon it, 
and did accept it, and agree to it. 

X. C. J. Were yon there when be took the 
'sacrament? 

Oatet. Yes, my lord, I was. 

X. C. X Who gave you the sacrament ? 

Oates. It was , a Jesuit! that goes by the 
name of one Barton. 

Whitebread. My lord before I forget if, I 
desire to say this. lie says that at such and 
such consults in April and May he was present, 
and curried the resolutions from one to another. 
There are above a hundred and a hundred, that 
can testify he was all that while at St. Omers, 
Pray teU me when I received the sacrament? 

Gates. Ac the same time. 

Whitebread. What day was that? 

Out*. The 24th of A pril. 

WhUebread. Was I there? 

Oatet. You were there. 

Whitebread. I take God to witness I was not. 

X. C. J. Mr. Whitebread, you shall have 
time to make your answer. But. pray Mr. 
Oaies, when was Mr. Carey dispatched away 
to Rome, and what was Ins errand ? 

Gates. My lord, 111 teU you ; he ,waa ap* 
proved of to go to Rome the 24th of April ; 
mi the month of May or June, Whitebread 
brings Cary over to St: Omers, and one.Mko 
bis secretary or companion with bim, 

X. C. J. When was it? 

Oatet. In the mouth of May. or June he 
was brought over by the provincial ; then he 
went away on bis journey, and at Paris receiv- 
ed 90/. to bear his charges. 

Finch. What do you know of any attempts 
so till the king at $t. James's Park? 

Oatet. I saw Pickering and Grove several 
times walking in. the* Park together with their 
acsewed pistols, which were longer than ordi- 
nary pistols, and shorter than some carbines* 
They had silver bullets to shoot with, and 
Grove would have had the bullets to be chamfrt, 
for fear that if be should shoot, if tlte bullets 
were round*, the wound that might be given 
might be cured. 

X. C. J. Did Grove intend to champ them?' 

Gets*. He did say so. 

X. C. J. Did be shew you the bullets ? 



Gates. I did see them; 

Grave, When was ihis? 

Oatet* I saw the bullets in the month of 
May, and in the month of June. 

Whitebread. Pray, where did you see them f 

Gates. In Grove's possession. 

Whitebread. At what time ? 

Oatet. In the month of May. 

Whitebread. Then was he actually himself 
at St. Omen. Was it in May or June ? 

Gates. The latter end of May and June. I 
saw them then twice, if not thrice. But PicE- 
ering's I saw it) August. 

Sir Cr. Levins. Do you know, any thing of 
Pickering's doing penance, and for what ? 

Oatet. Yes, my lord, in the month of March 
last (for these persons have followed the king 
several years); but he at that time had not 
looked to the flint of his pistol, but it was 
loose, and he durst not venture to give fire. He 
had a fair opportunity, as Whitebread said; 
and because he mist it through his own neg- 
ligence, he underwent penance, and had 80 or 
30 strokes of discipline, and Grove was chid- 
den for his carelessness. 

X. C. J. That was in March last ? 

Oalet. Yes, my lord. 

X. C. J. How do you know that ? • 

Gates. By letters that I have seen from Mr. 
Whitebread ; these I saw and read, and I anew 
Whitehead's band. 

Mr. Serj. Baldmyn. What do yon know of 
the ruffians that went down to Windsor? What 
success had they? 

Gates. I can give no account of that, be- 
cause in the beginning of September this 'gen-* 
tleman that had been in England some time 
before, was come to London and the business 
had taken air, and one Beddingfield had written 
to him, that the thing was discovered, and that 
none but such a one cpuld do it, naming me 
by a name that be knew I went* by. 

Whitebread. When was that, sir? 

Oatet. In the month of September last, I 
came to the provincial's chamber the 3rd of 
September; when I came t could not speak 
with him, for he was at supper ; but when he 
had supped I was admitted in, and there he 
shewed me the letter that he had received front 
Beddingfield. 

Whitebread. Where did you see it? 

Oatet. You read it to me <when you chid 
me, and beat me, and abused me. 

JL C. J. What did he chide you for ? 

Gates. He did charge me with very high 
language of being with the king, and with a 
minister, and discovering the matter. I was so 
unfortunate, that the gentleman who was with 
the king did wear the same coloured % clothes 
that I did then wear t And he having given an 
account that the party wore such clothes, the 
suspicion was laid upon met Now, my lord,. 
I had not then been with the king, but another 
gentleman had been with him from me with 
the draughts of some papers concerning this, 
business, which 1 had drawn up, and I Was 
ready to- appear when I should be culled to> 

■ • 4 



ST) STATE TRIALS, 30 Charles II. 1678.— and Grate, ft* High Treason. [98 

justify them, only I did not think fit to appear 
uaniediately : And my lord, this Beddinsheld, 
he had gotten into it that it was discorered, and 
writ the provincial word be thought it was by 
me; * tor/ said he, ' he hath been drawn in by 
* some of bis old acquaintance :' When he had 
received this letter, be asked me with what face 
I could look upon him, since I hail betrayed 
them : So, my lord, I did profess a great deal 
of moocency, because I had not then been 
with the king ; but he gave me very ill language 
and abused me, and I was afraid of a worse 
mischief from them ; for I could not but con- 
dude, that if they dealt so cruelly with those 
that only writ against them, I could scarce 
escape, of whom they had that jealousy, that t 
had betrayed them: And, my lord, though they 
could not prove that I hod - discovered it, yet 
upon the hare suspicion I was beateu, and af- 
fronted, and reviled, and commanded to go be- 
yond sea again ; nay, my lord, I had my lodg- 
iag assaulted, to have murdered me if they could. 

Whitebread. By whom ? 

Gates. By Mr. Wbitebread, and some of 



Wkittbread. Who beat you ? 

(tees. Mr. Wbitebread did. 

Mr. Serj. Baldwin. Was it Pickering or 
Grove that had the flint of his pistol loose ? 

Gates. Pickering. 

Pickering. My lord, I never shot off a pistol 
mall my Hie. 

JL C. J. What say you as to the fourscore 
pounds ? 

Gate*. My lord, I will speak to that ; that 
was given to the four ruffians that were to kill 
the king at Windsor : now, my lord, that 
money I saw 

JL C. J. Where did you see it ? 

Gates. At Harcourt's chamber. 

JLC. J. Where is that? 

Gates. In Duke Street, near the arch. 

X. C. J. Who was it given by ? 

Gates. William Harcourt 

JL C. J. Did you see the four fellows ? 

Oatet. No, my lord, I never did, nor never 
knew their names. 

JL C. J. Who was the money given to? 

Gates. A messenger that- was to carry it 
down to diem. 

X. C. J, Who was that messenger? 

Oatet, One of theirs that I do not know ; 
and I durst not be too inquisitive, my lord, for 
fear of beingsuspected. 

£• C. X Who was by when the money was 

Gates. Coleman, that is executed; and, my 
lord, there was this Mr. Fenwick by, that is 
the prisoner at the bar. 

Fenwick. When was this ? 

Qmtet. In the month of August. 

Fenwick. Where? 

Gate*. At Harcourt's chamber. 

Fenwick. I never saw you there in all my 
fife : are you sura I was by when the money 
here? 

(fate*. Yes, you were. 

TOU'toV 



X. C. J. Mr. Fenwick, you shall have your 
time by and by to ask him any question : Mr. 
Gates,* let me ask you once again, When there 
was the appointment made for Grove and 
Pickering to kill the king, who signed it ? 

Oatet. At least forty signed it. 

X. C. J. Did the other three sign it ? 

Oatet. Yes, my lord, all of them. 

X. C. J. Name tbem. 

Oatet. There was Whitebread, Fenwick, and 
Ireland. 

X. C. J. And you say you went from place 
to place, and saw it signed r 

Oatet. Yes, my lord, I did. 

X. C. J. Were you attendant upon them ? 

Oatet. My lord, I ever was since the year 
1666. 

L. C. J. At whose lodgings did you use to 
attend upon the consultation ? 

Oatet. At the Provincial's chamber, Mr. 
Whitebread. 

X. C. J. Where was it first signed ? 
* Oatet. At the Provincial's chamber. 

Sir Cr. Levinz. Who carried it from lodging 
to lodging? 

Oatet. I did. 

X. C.J. When was it? 

Oatet. The 24th of April. • - 

Mr. Just. Bertue. You say you carried the* 
result from place to place, pray tell us what 
that result was? 

Oatet. They knew what it was, for they rend 
it before they signed it. 

Mr. Just. Atkins. But tell us the contents 
of it. 

Oatet. The contents of that resolve was 
this (I will tell you the substance, though I 
cannot tell you exactly the words) : That 
Pickering and Grove should go on in their 
attempts to assassinate the person of the king ; 
as near as I can remember it was so ; that the 
former should have 30,000 masses and the 
latter 1,500/. ; and the whole consult did conv 
sent to it, and signed the agreement that was 
made with them, and did resolve upon the 
king's death all in one resolve. 

X. C. J. Where was this agreed upon ? at 
the White-Hone tavern f 

Oatet. No, my lord. After they had agreed: 
at the White-Horse, that Mr. Cary should go 
procurator to Rome, and some other small 
particulars, which I cannot now remember, 
they did adjourn from the White-Horse tavern, 
and met at several chambers, some at one 
place, and some at another* 

X. C. J. But you say Mico did: draw up the 
resolution, where was that ? 

Oatet. At Mr. Whitehead's chamber, for 
he was Socius, and secretary to the Provincial. 

X. C. J. Were Ireland and Fenwick pre- > 
sent when Mico drew it np ? 

Oatet. No, my lord, but they were at their 
own chambers ; after it was drawn up there, 
and figned by Mr. Whitebread, and those of 
the consult in his chamber, it was carried to 
the several consults. 

X. C. J, What, all the same day 7 

H 



99) STATE TRIALS, 30 Charles II. 1GT8 — Ikud */ Ireland, Pickering, [TOO 



Oates. Yes, my lord. 
X. C. J. And yoo went along with it I 
Oates. Yes, my tore*, I did. 
Mr. Just. Bertne. I only ask yen* were all 
the five prisoners privy to it ? or do yee distin- 
guish any or them, and which f 
Gate*. They were all privy te it. 

Whit. My lord, we can prove 

X. C. J. You shall have time sufficient (o 
snake what defence you can, you shall be sure 
to have a fair trial, and be stopt of nothing that 
yoo will think fit to say for yourselves. Mr. 
Oates, were Pickering and Grove present ? 

Oates. Yes, ray lord, Grove at Feo wick's 
chamber, and Pickering at the Provincial's 
chamber.' 

X. C. J. But (hey were not required to sign 
this, w<ere they ? 

Oates. After tjiat the whole consult had 
signed it, and Mass was preparing to be said 
for it, before Mass, they did sign and accept 
of it. 

X. C. J. Where dad they two do it ? 

Oates. At the Provincial's chamber. 

X. C. J. What day was it f 

Oates. That day, "for they met all together 
at the Provincial's chamber to receive the Sa- 
crament, and when Mass was going to be said, 
one said it was too late, for it was after twelve 
o'clock ; but Mr. Whitebread said it was not 
afternoon till we had dined ; and you know, 
Mr. Whitebread, that Masses have been said at 
one or two o'clock in the afternoon. 

Mr. Just. Atkins. II ow many persons did 
meet at that consult ? 

Oates. My lord, there were about forty or 
fifty, and after they had adjourned into several 
lesser companies, they met all together at Mr. 
Whitebread's chamber. ' 

X. C. J. Where was that, and when ? 

Oates. That day, at Wild-Home* 

X. C. J. Where was it that they gave the 
Sacrament ? 

Oates. At a little chapel at Wild-House, 
Mrs. Sanders's. 

X. C. J. Did they accept it before they took 
the 8acrament ? 

Oates . Yes, Pickering and Grove did sign it 
before they took the Sacrament. 

Mr. Justice Atkins. Yoo tell us of an Oath 
•of Secrecy that was taken, what was that Otth? 

Oates. I cannot give an account of the 
form of the Oath, but it was an obligation of 
secrecy. 

Mr. Justice Atkins. Did you see the Oath 
administered?— Oates. Yes, niy lord, I did. 

X. C. J. W ho administered it ? 

Octet. Mr. Whitebread, he did give it unto 
tne and to all the rest that were there, and Mico 
held tlie book ; it was a mass-book, but they 
were words of his own invention, h believe, 
they were not written down. 

X. C. £ Cannot you tell what they were f 

Mr. Oates. No, my lord, I cannot teU, be- 
cause I did not see them written down. 

X. C. J. If yon will ask this gentleman any 
thing more, yourmay. 



Whitebread. My lord, 1 an* m a very weak 
and doubtful condition as to my health, and 
therefore I slioakl be very lota to speak airy 
thing bat what is trne : we are to prove a ne- 
gattvo, and I know it is much harder to prove 
a negative, than to a«sert an affirmative ; it is 
not a very Itard thing for a man to swear any 
tbrog, if he will venture his soul for it; but 
truly, I amy boldly say, m tlie sight of Ar- 
miglitv God before whom i an. to appear, 
there k\v«? not been three ttroe words spoken by 

this nittii-v. 

L. C J. Ooyou bear, if yon cottld but satisfy 
us, that }i>u have no dispensation to call God 
to witness a lie 

Whitebreud. My lord, I do affirm it with aH 
the protestations imaginable. 

X. C. J. But if you have a religion that 
can give a dispensation for oaths, sacraments, 
protestations and falsehoods that are in the 
world, how can you expect we should believe 
you? 

Whitebread. I know no such thing. 
X. C. J. We shall see chat presently, before 
we have done. 

Oates. I have one thing more to say, my 
lord, that comes into my mind. This White- 
bread received power from the see of Rome to 
grant out cominissioae to officers military. 
And, my lord, here are the seals of the office 
in court, which he hath sealed some hundreds 
of commissions with, which they call patents. 

X. C. J. What were those commissions for } 
For an army ? 

Oates. Yes, my lord, for an army. 
Whitebread. When were those commissions 
signed ? ' 

Oates. My lord, several of them were signed 
in the formerproviiici&l's time. 

X. C. J. What, I warrant you, you are not 
provincial of the Jesuits, are you ? 

Whitebread. I cannot deny that, my lord. 
X. C. J. Then there are more than three 
words he hath spoken are true. 

Mr. Justice Atkins. I believe, Mr. Oates, 
that that army was intended for something, pray 
what was it for ? 

Oates. My lord, they were to rise upon the 
death of the king, and let the French king in> 
upon us, and they had made it their business 
to prepare Ireland and Scotland for the receiv- 
ing of a foreign invasion. 

X. C. J. Who were those comi ms s io ns sealed 
by? 

Oates. My lord, the commissions of the 
great officers were sealed with the general's seel. 
X. C. J. Who was that ? 
Oates. His name is Johannes Paulas de 
Oiiva : His seal sealed the Commissions for the 
generals, major- generals and great persons; 
but tbose seals that sealed the several commis- 
sions to several inferior officers, were in the 
custody of the provincial. 

X. V. J. .Can you name any one person 
that he hath sealed a commission to? 

Oates. I can name one : To sir John Gage* 
which commission I delivered myself. 



101] STATE TRIALS, 30 Cham.es II. 1 078.— and Grove, for High Treason. £10$ 



L.C.J. What, of Sussex? 

Oalcs. Yes, of Sussex. 

Mr. Justice A iking. Who did you receive the 
commission frunv? 

Oates. ffy lord, when "he went over, he left 
a great many blank patents to be filled up, and 
he left one ready sealed for a commission to sir 
John Gage. This was delivered into my hands 
when be was absent, but it was signed by him, 
mad delivered to me while he was in Jus visita- 
tion beyond the seas, but I dare swear it was 
fats hand, as I shall answer it before God and 
the king. 

Mr. Justice Atkins. Who had it you from ? 

GaZes. From Mr. Ashby,but by Whitehead's 
appointment in his instructions, which I saw 
and read. 

X. C. J. What was the commission for ? 

Gates, To be an officer in the army. 

X. C.J. Did you see lb e instructions left 
for Asoby ? 

Onteu I did see them, and read them, and 
I did then, as I always did, gi\e it as my judg- 
ment, that it was more safe to poison the king, 
than to pistol or srab him. 

Mr. Justice Bertue. Was the commission 
which you delivered to sir John Gage, from 
Ashby or from Whitebread ? 

Oates. I had it from Ashby, but White- 
bread, who was then beyond sea, had signed 
this commission btfore be went. My lord, I 
hare soraerhing more yet to say, and that is as 
to Mr. Grove, That he did go about with one 
Smith to gather Pel er -pence, which was 
either to carry on the design, or to send them 
to Rome. I saw the book wherein it was en- 
tered, and I beard him say that he bad been 
gathering of ii. 

Grave. Wliere was this ? 

Oates. Io Cockpit-alley, where you knew I 
lodged. 

Grove. Did I ever see you at yoor 1< >dging ? 

Oates. You saw me at roy own door. 

JL C. J. Why, don't you know Mr. Oates ? 

Drove. My lord, I have seen him before. 

X. C /. Why this it is, ask a Papist a 
question, and you shall have a Jesuitical an- 
swer. 

Oates. I will convince the Court that he does 
knew ine by some circumstances. My lord, in 
the month of Dec last, by the provincial's or- 
der 

X- C. /. I would ask him first, whether he 
does know you or no. Do you know Mr. 
Oaiea? 

Grove. I have seen him before. 

X. C. J. Have you been often in his com- 
pear? 

Grove. No, my lord. 

L. C. J. What do yon call often ? Have 

Ebeen in his conii>aov seven or eight times ? 
we most deal suotilly with such as you are) 
e you been in his company ten times? 
Grove. No. 

X. C. J. What say you to three times ? 
Grose* Yes,; J bc)ieve I have seen him twice 
or thrice* 



X. C. J. Where ? did you never see him at 
Whitehead's ? 

Grove. As I hope to be saved, and "before 
the eternal God. I did never. 

Oates. I will convince him and the court, 
that he does know me, and is well acquainted 
with me; In the mouth of December last I 
went to Si. Omers, I went first to the then pro- 
vincial's ho u«e, to take my leave of hiiin,' and 
there I met Mr. Grove, and he appointed to 
come to my lodging the next morning, near the 
Red Lion in Drury lane, at one Grigson's- 
house, x and he was so well acquainted with me 
then, that he had lent me eight shillings to hire 
the coach. 

L. C. J. Did you lend him eight shillings ? 

Grove. I did, my lord, I do not deny it. 

X. C. J. How came yon to do it, when it 
seems, if you say true, he was a st ran get to 
you? 

Grove. I thought I should have it again. 

X. C.J. What, of him? 

Grove. Yes. 

X. C. J. Did he desire you to lend him the 
eight shillings? 

Grove. Yes, he did, my lord. 

Oates. Then there is one time that be con* 
fesses he saw me. 

L. C. J. Did yon not know him before ? 

Grove. I had no acquaintance with him, f 
had seen him. 

X. C. J. Mow came you then to lend money 
to one you had no more acquaintance with ? 

Grove. I knew I should go along with him 
to the coacb, then I thought I should have it 
again. 

X. C. J. Mr. Oate?, were you going beyond 
sea then ? 

Oates. Yes, my lord, I was. 

X. C. J. Mr. Gate •, did you pay him that 
money f 

Oates. No, my lord, I did not: 

X. C. X Did ycu ask him for the money, end 
had you it ? 

Grove. He did not pay it me. 

X. C. J How then were you sure you 
should have it ? 

Grove. He did order me to go to such -a* 
one for it. 

X C. J. Who was that ? 

Grove. Mr. Fen wick, I think. 

X. C. J. Then Mr. Oates Was known to 
you all, he was no such stranger to you as you 
would make us believe. 

Oates. Thus be confesses three tidies he 
had seen me, once before he lent me the money, 
another time when he lent it, and the tbiro 
time the neit day. And I will put him in 
mind of another time, when he and I were in 
company, wliere one brought us a note of what 
was done in tbe House of Commons, turned 
into burlesque, for they used to turn alt that 
was done at tbe council, or at the parliament, 
or at the courts in Westminster-haH, into bur- 
lesque, and then translated it into the French, 
and sent it to the French king, for him. to 
laugh at too. But that by the way. twice 



103] STATE TRIALS, 30 Charles II. 1678.— Trial tf Ireland, Pickering, [104 

turn again, and betake myself to the ministry 
to get bread, for I have eaten nothing these two 
days : and I then gave him five shillings to re- 
lieve his present necessity. 

Vales. My Lord, I will answer to that ; I 
was never in any such straits, I was ordered by 
i he provincial to be taken care of by the Pro- 
curator. 

Fenw. You brought no such order to me. 
Oates. Yes, Mr. Fen wick, you know there 
was such an order, and I never received so little 
in my life as five shillings from you : I have re- 
ceived 20 and 30 and 40*. at a time, but never 
so little as five. 

X. C. J. You are more charitable than you 
thought for. ' 

Fenw. He told me he had not eaten a bit in 
two days. 

Oates. I have indeed gone a whole day with- 
out eating, when I have been hurried about 
your trash ; but I assure you, my lord, I never 
wanted for any thing among them. 
L. C. J. Perhaps it was tasting-day. 
X. C. Baron. My Lord, their fasting-days 
are none of the worst. 

Oates. No, we commonly eat best of those 
days. 

X. C. J. Have you any thing to ask him, any 
of you ? 

Whitebread. My Lord, will you be pleased 
to give me leave to speak for myself. 

Just. Atkins. It is not your time yet to make 
your full defence, but if you will ask him any 
questions, you may. 

Whitebread. I crave your mercy my Lord. 
X. C. J. Will you ask him any questions ? 
Fenw. Did not you say that you were at my 
chamber the 24th of April, with the resolve of 
the consult ? 

Oatet. That resolve I did then carry to your 
chamber. 

Fenw. Then was he himself at St. Omers. 
X. C. J. The difference of old stile, and hew 
stile may perhaps make some alteration in that 
circumstance. 

Whitebread. But, my Lord, he hath sworn he 
was present at several consultations in April 
and May, but from November till June he was 
constantly at St. Omers. 

X. C. J. If you can make it out that he- was 
at St. Omers all April and May, then what he 
bath said cannot be true. 

Ireland. He himself hath confessed it that ha 
was at St* Omers. 

X. C. J. If you mean by confession, what 
stands upon the evidence he hath given, I will 
remember you what that was. He says he came 
to St. Omer s 

Oates. Will your lordship give me leave to 
satisfy the court : in the month of December, 
or November, I went to St. Omers : I remain- 
ed there all January, February, March, and^ 
some part of April : then I came over with the 
Fathers to the consult that was appointed the 
34th of that month. 
Fenw. Did you go back again? Ottes. Yea, 
Fenw. When was that ? 



more he drank in my company, at the Red { 
Posts in Wild- street, and once more when he 
owned to me, that he fired South wark. 

X. C. J. Now by the oath that you have 
taken, did he own to you that- be had fired 
South wark ? ■ 

Oates. My lord, he did tell me that he with 
three Irishmen did fire Southwark, and that 
they had 1,000/. given them for it, whereof he 
had 400/. and the other 200/. a piece. 

X. C. J. Now for Mr. Feuwick. Do you 
know Mr. Oates? 

Fenwick. Yes, my lord, I do. 

X. C. J. Were you well acquainted with 
liim ? speak plain. 

Oates. He was my father-confessor, my 
<lord. 

X. C. J. Was he so ? were you his con- 
fessor ? 

Fenwick. I believe he never made any con- 
fession in his life. 

L. C. J. Yes, he hath made a very good 
one now. Were you of his acquaintance, Mr. 
Fenwick ? speak home, and don't mince the 
natter. 

Fenwick. My lord, I have seen him. 

X. C.J. I wander what you are made of: 
Ask a Protestant, an English one, a plain ques- 
tion, and he will scorn to come dallying with an 
evasive answer. 

Fenw. My Lord, I have been several times . 
in his company. 

X. C. J. Did you pay 8t. for him ? 

Fenw. Yes, I believe I did. 

X. C. J. How came you to do it ? 

Fenw. He was going to St. Omers. 

X. C. J. Why, were you Treasurer for the 
Society ? 

Fenw. No, my Lord, I was not. 

X. C. J. You never bad your 8#. again, had 

Fenw. It is" upon my book, my Lord, if I ever 
had it. 

X. C. X Did Mr. Oates ever pay it again ? 

Fenw. No, sure, he was never so honest, 

X. C. J. Who had you it of then ? 

Fenw. I am certain I had it not from him ; 
be did not pay it. 

X. C. J. How can yon tell you had it then ? 

Fenw. I do suppose I bad it again, but not 
of Mr. Oates. 

L. C. J. Had you it of Ireland ? 

Fenw. I do not know who I had it of, my 
lord, nor certainly whether I had it. 

X. C. J. Why did you not ask Mr. Oates for 
it? 

Fenw. He was not able to pay it. 

X. C. J. Why did you theu lay it down for 
him. 

Fenw. Because I was a fool. 

I*. C.J. That must be the conclusion always : 
when you cannot evade being proved knaves 
* by answering directly, you will rather suffer 
yourselves to be called fools. 

Fenw. My Lord, I have done more for him 
than that comes to ; for be came once to me in 
a miserable poor condition, and said, I must 



105} STATE TRIALS, 30 Caarlks II. 1078.— 4/irf Grove, far High Treason. [IOC 



Oates. Id the month of May, presently after 
the consults were over. 

lour. And we can prove by abundance of 
witnesses that he went not from St. Omen all 
that month. 

L. C. J. Yon shall have what time you will 
to prove what you can ; and if you can prove 
what you say, you were best fix it opon him ; 
for he saJth he was he re at the consults in April 
and May ; if yon can prove otherwise, pray do. 

Fenw. We can bring an authentic writing (if 
there he any such) from St. Omers, under the 
seal of the college, and testified by all in the 
college, that he was there all the while. 

L C. J, Mr. Fenwick, that will not do; for 
first, if it were in any other case besides this, 
it would be no evidence ; but I know not what 
ynu cannot get from St. Omers, or what you 
will not call authentic. 

Fenw. Does your lordship think there is no 
justice out of England ? 

L. C. J. It is not, nor cannot be evidence 
here. 

Tone. It shall be signed by the magistrates 
of the town. 

L. C. J. What, there ? 

Fenw. Yea, there. 

L. C. J. You must be tried by the laws of 
England, which sends no piece of fact out of 
die c o on try to be tried. 

Fata?. Bat the evidence of it may be brought 



L. C. X Then you should have brought it. 
You shall have a fair trial ; but we most not 
depart from the law or the way oftria), to serve 
your purposes. You must be tried according 
to the law of the land. 

Just. Atkhts. Such evidences as you speak 
of we would not allow against you ; and there- 
fore we must not allow it for you. 

Whit. May this gentleman be put to this; 
to produce an v two witnesses that saw him in 
town at that time ? 

Outes. I will give some circumstauces and 
what tokens I have to prove my being here: 
Father WarneT, sir Tho. Preston, Father Wil- 
liams, and air John Warner, they came hither 
with me from St. Omers; there was one Nevil, 
'&c. I cannot reckon them all. 

L. C. J. You have named enough. 

Gates. But to convince them, there was a 
fed in the house that was got to the end of his 
Bhetorick ; this lad was whipt and turned out 
of the house, and had lost all his money : Fa- 
ther Wil'iams did re-imburse this lad in order 
to bis bringing home, I think the lad's name was 
Hnaley, or some such name. And we came 
up to London together. 

L. C. J. What say you to this circum- 
stance? 

Whit. My Lord, be knew that two such 
came to town, but he was not with them. 

JU C. J. You. are now very good at a nega- 
tive, I see ; how can you tell that ? 

Whit. My Lord, he could not come. 

£. C. /. How can you tell he could not 
} 



Whit. I can fell it very well, for he had no 
order to come, nor did come. 

LJC. J. How can you undertake to say 
that he did not come ? 

Whit. Because he had no order to come. 

L. C. J. Is that all your reason ? Where • 
were you then ? — Whit. I was here. 

L. C. J. How do ynu know he was not here? 

Whit. He had no orders to come. 

L. C. J. Have you any other circumstance, 
Mr. Oates, to prove that you were here then ? 

Gates. My lord, when I came to London, I 
was ordered to keep very close, and I lay at 
Grove's house ; let him deny it if be can, I 
will tell you who lay there then— — — 

Grove. Did you ever lie at my house ? 

Gates. There lay a flat en- haired gentleman, 
I forgot his name : but I will tell you who lay 
there besides ; that is Strange, that was the 
late provincial. 

L C. J. Did Strange ever lie at your house ? 

Grove. Yes, my lord, he did. 

L. C. J. Did he lie there in April or May f 

Grove. No, he did not in either of them. 

L. C. J. You wilt make that appear. 

Grove. Yes, that I can by all the house. 

L. C. 'J. Have you any more questions to 
ask him ? If you have, do : If you can prove 
this upon him, that he was absent, and not in 
England in April or May, you hare made a 
great defence for yourselves, and it shall be re- 
membered for your advantage when it comes to 
your turn : in the mean time, if you have no 
more to say to him, call another witness. Lee 
Mr. Oates sit down again, and have some -re- 
freshment. 

Mr. Serj. Baldwin. We will now call Mr. 
Bedlow, my lord. 

Then Mr. Bedlow wAs sworn. 

Mr. Serj. Baldwin. Mr. Bedlow, pray do you 
tell my lord and the jury what you know of any 
design of killing the king and by whom. 

Bedlow. My Lord, 1 have been five years al- 
most employed by the society of Jesuits and 
the English monks in Paris to carry and bring let- 
ters between them from England and to England 
for the promoting of a design tending to the sub* 
version of the govermnent,aod the extirpating of 
the Protestant Religion, to that degree (which 
was always concluded on in alt their consults 
wherein I was) that they would not leave any 
member of any Heretic in England, that should 
survive to tell in the kingdom hereafter that 
there ever was any such religion in England as 
the Protestant Religion 

Here Whiteb read .would have interrupted bun. 

My lord, I am so'weH satisfied in their deni- 
als, that I cannot but believe they whojean, 
give a dispensation, and hare received the sa- 
crament to kill a king and destroy a whole king- 
dom, do not scruple to give a dispensation for a 
little lye to promote such a design, for so much 
as this expiates any lie or greater crime. 

Sir Cr. Levinj. Pray, sir, will you be pleased 
to tell your whole knowledge concerning the 
prisoners at the bar. 



s 



107] STATE TRIALS, 30 Charles II 1678.— Trial qf Ireland, Picketing, [I0S 



Bedlaw. The first letter I carried was from 
Mr. Harcourt, at his house next door to the 
arch in Duke-strect. He hath been Procurator 
for the Jesuits about si* years. He employed 
me first, and sent for me over, for 1 nus then 
.lieutenant in Flanders, and corning home to 

receive my pay that was due to me 

- L. C. J. How long is it ago ? 

Bedlow. Michaelmas last was four years : 
when I came to Dunkirk I went to viait the 
English nunnery there, and the lady Abbess 
finding me very pliable and inclinable, made 
very much of me, and I did adhere to her. 
She kept me six weeks in the convent, and after- 
wards when I went away, recommended mc to 
sir John Warner, as an instrument fit to be em- 
ployed in the carrying of letters, or doing any 
thing that would promote the design against 
England. He kept me at Sr. Omers a fortnight 
and after sent me to Father Harcourt to be in- 
structed in my employment. It was then winter; 
the next spring he sends me into England with 
divers letters, where by Mr. Harcourt I was 
employed to carry several letters to Morton 
ana Do way, and other places: that summer I 
was sent into England without an answer: but 
»fterwards,in 1676, which was the next summer, 
I was to carry another pacquet of letters to the 
monks at Paris, who sent it to other £ngli*b 
Monks in France 

L.C.J. Who sent that pacqnet of letters in 
1676 ? 

Bedlow. I had it from Mr. Harcourt, and it 
was written by Harcourt, Pritchard and Cary. 

L, C. J. To whom ? 

Bedlow. To the English Monks in France, 
and in it there was a letter to La Chaise. Upon 
the receipt of these letters at Paris La Chaise 
had a consultation with the Monks and a French 
bishop or two about them ; I did not then 
speak French enough to understand what it 
was they said, but it was interpreted to me by 
Mr. Staplcton an English Monk, who told 
me that it was a letter . from my lord Bellasis 
and others of the Catholic religion, English 
gentlemen that were contrivers of the plot here, 
to satisfy them in what state things stood in 
England as to popery. I was sent back again 
with a pacquet of letters directed to Mr. 
Vaughan of Courtfield in Monmouthshire. 

L.C.J, From whom was that? 

Bedlow. From the English Monks at Paris. 
Prom that consultation I went to Pontbois, 
i there received other letters to carry into 
England, I had a course to open their letters, 
and read what was in them ; and in those let- 
tfers was contained, that the prayers of that 
house were for the prosperity of that design, 
and they would not mil to be at the consulta- 
tion at ■ ■ of Warwickshire gentlemen. 
I fell sick at Monmouth, and Mr. Vaughan 
tent to me a Jesuit to confess me ; but I was 
well before be came, and so was not confessed 
by him. I now come to the latter times. . 
' I. C. J. You mast speak it over to the 
J#ry, that they and the prisoners may hear you. 

&dlow. The 26th of May, I6T7, which was 



last year, I was sent over with another pacquet 
of letters. I had no letters of consequence 
forward, and therefore did not call then at 
Wotrun, but I called upon the lady Abbess at 
Him kirk, and I went thence to Bruges and to 
Ghent, where I had some letters for the Eng- 
lish nuns, which I delivered to thtni. When I 
came to Dowav, T found there that the monks 
were gone, that was Sheldon, Staplcton, and 
Latham, but the letters were directed to Paris, 
and therefore I made haste, and at Cambray I 
overtook them. And the letters were to give an 
account of the consultation held in the gallery 
at Somerset-house : All tending to the destruc- 
tion of the Protestant religion, and killing the 
king ; but I do not think fit to declare here 
who were the persons that ware present at that 
consultation. At Cambray they were very joy- 
ful that there was so good n proceeding in Eng- 
land. At Paris when the letters were shewed, 
there was a letter written in a language which 
I did not understand, but, as I was told, in that 
letter they wfrre charged in Paris by my lord 
Bellasis, that they did not proceed according to 
their promise to them in England ; but, said 
Stapleton to mp, Myionl Bellasis nor the so- 
ciety in England need not to write thus to us, 
for we nre not so backward but that we can 
lend men, nnd money, and arms too, and will 
upon occasion. Fiom the.nce they sent me to 
Spain with a letter to an Irish Father : I did 
overtake him at Sa Mora. From thence I went 
with another letter to the rector of a College 
of Irish Jesuits in Salamanca. By their con- 
trivance I wsb sent to St. Jago in Spain, where 
was another college of Irish Jesuits : there I staid 
till I bad an answer lo sir William Godolphin ; 
and when I had the answer to that letter, I 
went for the letter from the rector at Sala- 
manca. The Jesuits there told me, they would 
take care to send their own answer another way ; 
And w hen they had made me that promise,* I 
came away for England, and landed at Milford- 
Haven ; AH this reaches to none of those per- 
sons in particular ; But what I now shalk say 
shall be about them, only it was necessary I 
shoeld speak of what I have said. 

L. C. J. The meaning of all this is only to 
shew the Jury and satisfy them, that he was 
an agent for these men, and hath been employ- 
ed by them for five years together, and he names 
you the particular places whither he hath been 
sent, to shew you the reasons of his knowledge 
in this matter, and upon what account he cornea 
to be informed of this design, 

Bedlam. Having received the news of that 
country, I did there take water, and landed 
again at Pensans, and when I came to London 
I gave the letter to Harcourt : what was in that 
pacquet I cannot particularly tell, for I was 
not so inquisitive as to look into the contents 
of it, but I know it was tending (as all the rest 
did) to the carrying on of this plot : Afterwards 
I was employed by Harcourt and Coleman to 
go to some parts of England to commaoicat* 
the letters to some of the popish petty, 

L. C. J. Now turn to the Jury. 



106] STATE TRIALS, 30 Ciiakles II. ltt8<— «m! Gtvcc, for High TVcwen. [IK) 



Bedkm. The Summer nw pa6t in the doing 
of that : In the beginning of August tat* there 
wasa constitution and a close one at tfurcourl'B 
chamber, so as that they did not permit we to 
know any thing of it. I went out of town for 
a fortnight, and when I relumed, I understood 
there had been such a meeting ; I charged 
them with their privacy in it, aud asked what 
was the private design of that consultation ; 
they said it was something I should know in 
tine : That it did not signify much at present, 
hat in time I should know it : But theu I un- 
derstood by Pritchard, who was more my con- 
fident than any of the rest, thnt it wa* a de- 
sign to kill the king : That Pickering and Orove 
had undertaken it a great while, and that they 
had been endeavouring a long while to bring it 
to pass. 

temcick. Where was tljis meeting, and when ? 

Bedhm. Last Augu?t,at Harcourt's chamber. 

FcJtmrick. Who were present there ? 

Bedlow. Be pleased to give me leave to go 
oa ; I will tell you by and by : Then I understood 
as I said, that it was to kill the king, bat that 
Pickering and Grove railing of it, they had 
Isred fbar ruffians that were to go to Windsor, 
and do it there and that if I would come the 
next day, I ebould hear from Coleman the 
effect ; When I came there I found Coleman 
was gone but Pritcbard said there were some 
seat to Windsor, and that Coleman was go- 
ing after them, end that he had given a mes- 
senger a guinea that was to carry the mo- 
ney to them. And he would presently be after 
them, for fear they should want opportunity to 
effect their design. Then I discoursed them, 
why they kept their design so long hid from 
me ? They said it w as a resolve of the society, 
and an order of my lord Bellasis, that none 
should know it but the society, and those that 
were actors in it. I seemed satisfied with that 
answer at present. About the latter end of 
August, or the beginning of September, (bnt I 
believe it was the latter end of August) I came 
to Harcourt's chamber, and there was Ireland 
and Pritcbard, and Pickering, and Grove. 

X. C. J. What part of August was h ? 

Bedim?. The latter end. 

JL C.J. Do you say if positively, that it was 
the latter end of August. 

Be/Horn. My lord, it was in August ; I do 
not swear positively to a day. 

L. C J. But you say it was in August ? 

Ireland, And that we were there present ? 

Bedlow. You were there, and Grove, and 
Pickering. 

Ireland. Did you see me before? 

Bedlam. You were present there, and Orove, 
and Piekefing, and rritchard, and Fogarthy,. 
and Harconrt, and I. 

X. C. J. What did you talk of there? 

3*4ltm. That the ruffians missing of killing 
the ling at Windsor, Pickering and Grove 
shooJd go on, and that Conyers should be jpin- 
•d with them ; and that was to assassinate the 
king in bis morning walks at Newmarket : and 
they bad taken it so strongly upon them, that 



they were very eager upon it : And Grave was 

•snore, forward thau the rest : And said, since it 
could net be done clandestinely, it shoald be 
alternated openly. And that ihotrthat da ml|, 
bad toe ptery to die in a good cause. But 
(said he) if it be discovered, the discovery can 
never cease to that height, but \beir party 
would be strong enough to bring it to pass., 

X. C. J. And yen swear Ireland was there ? 

Bedlow. He was there, my Lord. 

X. G. J. And beard all this ? 

Bedlow. Yes, my Lord ; and so did Grov* 
and Pickering, and the rest. 

Ireland. Aiy Lord, I never saw htm before 
in my life. 

X. C. J. What was the reward that you 
were to have for your pains in this business? 

Bed tow. My Lord, the reward that I was 
to have (as it was told me by Harcoart) was 
very considerable : I belonged to one particu- 
lar part of the society. There are others; and 
I presume* they each kept their particular 
messengers. 

X. C» J. What was Grove to- have ? * 

Bedlow. Grove was to have fifteen hundred 
pound, if he escaped, and to be a continual 
favourite, and respected as a great person by 
all the church. 

X. C. J. What was Pickering to have? 

Bedlow. He was to have so many masses, 
I cannot presume to tell the number ; but they 
were to be as many, as at twelve pence a mass 
should come to tiiat money : These masses 
were to be communicated to all the .results 
beyond (he seas, that when he had done it, he 
might be sent away immediately. 

X, C. J. What can you say of any of the 
rest? 

Bedlow. My lord, I do not charge any 
more but them three. 

X. C. X What say you to Whitebread ? 

Bedfow. They have said, that he was very 
active in the plot ; but I know it not. 

X. C. X That is not any evidence against 
him. What can you say, as to Fenwick ? 

Bedlow. No more than I have said, as to 
Mr. Whitebread : I only know him by sight. 

X. C. J. Then -he charges only these three 
upon oath, Ireland, Pickering, and Grove. 

Ireland. Do you know sir John Warner ? 

Bedlow. I know Father Warner at St. 
Omers, and sir John Warner at Wotton by 
St. Omers. 

Ireland. He named sir John Warner to be 
at Paris. 

Bedlow. It was Sheldon I spoke of (my 
lord) at Paris. 

Ireland. At least you are certain, that I 
was present at that consultation. 

Bedlow. Yes : I am certain, you were 
there. 

Ireland'. Can you produce any witnesf, 
that you ever spoVe to me before in your 
life ? 

Mr. Sen. Baldwin. Do you know any 
thing of Mr. White bread's being present « 
any of the consults? 



Ill] STATE TRIALS, 30 Chau.es II. 1 678.— TWo/ of Ireland, Metering, [1 12 



Bedlo*. . I do know, that Whitebread,' and 
Fenwick both, have been several times at 
consultations; bat I do not know what the 
particular resolves of those consultations were. 

X. C» J. Did you ever hear them speak any 
thing in particular ? 

Bedlow. No, . I have never heard them 
•peak any thing in particular. 

X. C. J, Where have you seen Fenwick? 

Bedlow. I have seen Fenwick at Harcourt's 
chamber, and I have often heard him talked 
of; and it hath been told me, That nothing 
was done without Fenwick. 

Whitebread. Are you sure yon know us ? 

Bedlow. I do not say, you are the man that 
employed me : you are the man I was least 
acquainted with, of all the society ; but I have 
seen you tl\ere. 

Ireland. Can you bring any one that can 
testify it? 

X. C. J. He must then have brought one 
of yourselves ; and it may be, be cannot pro- 
duce any such one. 

Ireland. Nor no one else, except such a 
knight of the Post, as Mr. Oates. 

X. C. J, You must be corrected for that, 
Mr. Ireland : You shall not come- here to 
abuse the king's evidence. Nothing appears 
to us, that reflects upon * Mr. Oates's testi- 
mony ; and we. must not suffer any such sort of 
language. 

Mr. Just. Atk. Take off his credit as much 
as you can by proof, but you must not abuse 
him by ill language. 

Mr. Finch. Can you tell the court and the 
jury, when it was that by agreement Grove 
jhoald have the 1,500/. 

Bedlow. He was to have it put into a friend's 
hands* 

L.C. J. Do you know that friend's name ? 

Bedlow. No, my lord, I do not. 

Mr. Finch. Do you know when that was to 
be delivered out to him ? 

Bedlow. As to the particular time of their 
agreement, I do not know it. 

Mr. Finch. But this he says, That when 
the agreement was made, he was to have 
1,500/T 

. X»- C. J. And he says this, That Ireland 
was in August last, with Pickering and Grove, 
and others, at a consult ; where be was also. 

Ireland. But what if I prove I was not in 
London all August last, from the beginning to 
.the end. 

X. C. J. You heard them talk of this 
matter in August, at Harcourt's chamber, you 
say I What, did they talk of it as a matter they 
had agreed? 

Bedlow. My lord, they brought it in, as 
being baulked in their design of killing the 
king at Windsor ; and because that had not 
taken the effect they intended it, they should 
have Conyers joined to them, to do it at New- 
market. 

Mr. Finch. Did they tell you when, and 
where the agreement was made ? 

X. C. /. No, he speaks not of that; but 



they talked of the failure at Windsor : And 
therefore they did conclude, that Conyers 
should be joined to them, to do it at New- 
market. — Bedlow. Yes, my lord. 

X. C. J. Have you any more to say ? 

Bedlow. My lord, I would only say this ; 
If I had any to prove what I say, they mu»t be 
parties as well as these persons. 

Ireland. My lord, I will prove, That I 
was not in town in August all the month, by 
twenty witnesses : I will bring those that saw 
me in Staffordshire, and spoke with me all 
August. 

X. C. /. 'Have you any more to ask him ? 

Whitebread. No. 

Sen. Baldwin. Swear Mr. William Bedlow. 
And he was sworn. 

Ireland. He does say, That be was familiar 
with me, and several other persons here ; and 
therefore, I desire he may specify the place, and 
the company. 

William Bedlow. I do not say, there was a 
familiarity ; for I was a stranger to that part of 
the society. 

X. C. J. You must take him right, Mr. Ire* 
land ; he hath not said, that he was of your fa- 
miliar acquaintance. 

Bedlow. I have seen you often, sir. 

Ireland. Where ? 

Bedlow. At Monsieur le Faire's. 

Ireland. W here was that ? 

Bedlow. At Somerset-house. 

Ireland. Was there any one present besides ? 

Bedlow. Yes, several other priests and Je- 
suits of Somerset- house. 

Ireland, Name one. 

Bedlow. Siguior Perrare. 

Ireland. You say, you saw me and Perrare 
together at Somerset-house, I suppose, if siguior 
Perrare may be brought hither 

Bedlow. My lord, Perrare is a priest in or- 
ders ; and without doubt is in this business. 

X. C. J. If he did see you, he must see yon 
in such company as you keep, they were priests 
and Jesuits, and of your own religion ; and we 
know very well what answers we are like to be 
put off with by men of your own persuasion at 
this time of day. 

Ireland. My lord, if no body's oath can be 
taken that is of another persuasion than the 
church of England, it is hard. 

X. C. J. Pray mind you do not object inge- 
nuously : for you say, This witness swears he 
saw me in such company, why does he not pro* 
duce them to testify it ? Why ? he does not 
come prepared to produce them ; if he should, 
we know well how you ore concerned one for 
another at this time ; and we can hardly expect 
they should make true answers. But notwith- 
p standing, if you will produce this Father Per- 
rare, (he cannot be sworn because it is against 
the law, but} his testimony shall be heard, and 
let it go as rar as it can. 

Bellow. If your lordship pleases, my lord, I 
would convince him that he does know me. 
Have you not been, sir, atSomemt*bo,ose r 



«3\ STATE TRIALS, SO Chaelm U. 1678 — «irf Gtove, Jbr Higk Tnxtxm. [114 



Irekad, Yes, I tmve. 

BaUow* Do you know le Faire and Perrare? 

htkasL Yea, but I uever sair you in their 
jcoapaay in Somerset-house in my life, above 
once or twice. 

Bediow. Yea, you have twice at le Faire's. 

L. C. J. Where is that le Faire? You would 
do well to produce him ? 

Bedlow^ My lord, he is gone away, and is 
eee against whom the king's proclamation is out. 

-L- C. J. You keep such company as run 
away, and then you require biui to produce 
them, whom the king's proclamation cannot 
bring, in. 

Ireland* I keep none but honest company. 

Bedlam. If your lord»bip pleases, I have one 
thing more that is very material to speak ; at 
the same time that there was a discourse about 
these three gentlemen's being to destroy the 
king at Newmarket, at the same time there was 
a dsscourse of a design to kill several noble per- 
sous, and the particular parts assigned to every 
one. Knight was to kill the earl of Shaftsbury, 
f*ritehard the duke of Buckingham, Oneile the 
earl of Ossory, Obrian the duke of Ormond. 

L. C. J. Well, will you have any more of 
tins? 

Mr. Finch, Yon say, you saw Mr. Ireland 
say mass, where did you see him ? 

Bedlow. Not Mr. Ireland, but Mr. Fenwick, 
I bare seen- him say mass, and at Wild- ho use. 

Oales. My lord, I did omit a consult wherein 
there was a design laid of taking away the duke 
of Ormond's life,' and of a rebellion that was to 
be raised in Ireland. My lord, in the month of 
January last, there came letters from archbi- 
shop Talbot to London, which letters were pe- 
rused, by Fenwick, and Ireland, and White- 
bread, and when they were perused, they were 
sent and* communicated to the Fathers at St. 
Outers. The contents of those letters were tlias, 
That the Catholics bad a fair prospect of effect- 
ing their designs in the kingdom of Ireland. 
And this letter was inclosed in a letter signed 
by Whitebread, Ireland, Fenwick, and others, 
1 same no man's name that is not here. 

X. C. J- You saw the letter ? 

Oales. Yes, I did see it, and read it, wherein 
they did gfve thanks* utito God, that he was 
pleased to prosper their designs so fairly in Ire- 
land ; and withal they did say, that they would 
not leave a stone unturned to foot out that abo- 
miaable heresy out of that kingdom. Now what 
that abominable heresy was, I have nothing hut 
a conjecture. 

L C. J. We all know what tbat is well 
enough, there needs no proof of that. 

Gates. In the month of 1 August, Fenwick, a 
little before he went to St. Outers, on the 21st 
er* August, (as I think it was) that week that 
Bartholomew- fair began on (as I take it) he was 
then going to fetch home the provincial, and to 
carr some students with him, and he went 
totoSt. Omen the Monday following; hut then 
Aeie was a c^nMilt, and at that consult Fen- 
, tick did cooaeut to the contrivance of the death 
' if the duke of Ormond/ and for the rebellion 

fOL, VJJ. 



that was to be raised Jn Ireland after his death. 
And he did approve of the four Jesuits that 
were to kill my lord of Ormond, and did cod* 
sent to send Foganhy down to the archbishop 
of Dublin, in case the four good Fathers did not 
hit the business. Mr. Whitebread, my lord, 
did consent when he came over, as appears by 
their entry-books. For there come a letter from, 
him dated as from St. Omers, but I concluded 
it did not come from thence, because it paid 
but two-pence. 

Whitebread. Who was it that writ that letter? 

Oates. My lord, this letter was dated ay the 
latter part of August, and dated as from St* 
Omers, but the post mark upon it was but two- 
pence, to be paid for it; so that I do conclude 
thence Mr. Whitebread was then at esquire 
Leigh's house in Bat in that letter 

he did like the proposal that was made about 
killing the duka of Ormond in that consult., ami 
the letter was signed with bis own hand. 

L. C. J. I would gladly see that letter. 

Oates. If 1 could see it, I could know it. ' 

X. C. J. You hare not that fetter ? 

Oates. No, but they kept a book wherein 
they registered all their resolutions, and there it 
was entered. 

L. C. J. You upon your oath say, That be 
as superior of them did keep a book, wherein 
they registered all their consults? 

Oates. Yes, my lord. 

L. C. J. You would do well to shew .us your 
book, Mr. Whitebread. 

Whitebread. We never kept any. 

Oates. The consult did ; for though the su- 
perior have an absolute power over the subject, 
yet they never do any thing of consequence 
without the consult. And this book was kept 
by the superior, and never opened but at the 
consul t, and therein all the passages were regis- 
tered. 

L. C. J. Produce your book, and we shall 
see whether you cannot catch Mr. Oates in 
something or other. 

Bedlow. My lord, that book I have seen; 
and therein all their consults are registered. 

L. C. J. Was their books kept by them? 

Bedlow. Yes, my lord, all the consults did 
keep books, and Mr. Langhorn was the person 
that registered all into one. 

L. C. J. If a' hundred witnesses swear it, 
they will deny it. Well, will yon have any more? 

Mr. S. Baldwyn. My lord, we will now call 
Mr. James Bedlow, this gentleman's brother, to 
shew you, that these *ort of pewons did. resort 
to him frequently. 

L. C. J. Are you sworn, sir? 

J. Bedlow. Yes, my lord, I am. 

L. C. J. Then let tne ask- you one short 
question. Do yon knortr Mr. Ireland ? 

J. Bedlow. No. • 

L. C. J. Do yon know Pickering or Greyer 1 

J. Bedlow. I have heard of them. 

L. C. J. Did your brother know any thing 
of them ? 

J. Bedtow* As for the conspiracy of kulinsj 

I 



U&] 1ST ATE TRIALS, 30 Charles II. 1 678— Trio/ qf Ireland, Pickering, [1 10 



the ting, I know nothing of it ; but about bis 
knowledge of Priests and Jesuits, and the con- 
verse be bad beyond sea, that I can speak to. 
And I have very often heard these men'* names 
named. v 

L. C. J. In what nature did he talk of them? 

J< Bedlow. I know notlting of tbe Plot, and 
as for any Design I knew not what my brother 
knew, but I have heard him talk of them. 

i. C. J. Htf w did he talk of them ? 

J. Bedlow. tie mentioned them as hit ac- 
quaintance, the Jesuits there did ask him ques- 
tions about them. 

L. C. X And did it appear to you they were 
of his acquaintance? 

J. Bedlow, But I understood nothing of the 
Plot or Design, by tbe oath I h«ve taken. 

L. C. J. But did he Speak as if he knew any 
of them? 

J, Bedlam, For any certain knowledge that 
f&y brother had of them I cannot speak, but I 
have often heard him talk of them as people I 
thought he knew. 

Mr. Finch. Do you know, that when he 
came over from beyond sea, that his lodging 
was frequented by any, and by whom? 

J. Bedlow. Yes ; there were many priests and' 
Jesuits came to him. 

Mr. Finch. Did your brother receive an/ 
money from them ? 

J. Bedlow. Yes, my lord, I have fetched 
many score of pounds for my brother from 
them. 

L. C. J. The use, gentlemen, that the king's 
council make of this evidence, is only to shew, 
That his brother Mr. Bedlow was conversant 
in their affairs, in that he hath received many a 
score of pounds in the managing of their busi- 



Sir Cr. Levin*. Pray, from whom had your 
brother that money ? 

J. Bedlow. I have proved that from the 
goldsmiths themselves that paid it, before the 
duke of Monmouth, my lord chancellor, and 
lord treasurer. 

Mr. Finch. Have you received any consi- 
derable sum at a time? 

J. Bedlow. Yes, I have. 

Mr. Finch. How much ? 

J. Bedlow. Fifty or threescore pounds at a 
time. 

Finch. Of whom? 

J. Bedlow. Of Priests and Jesuits. 

Finch. For whom ? 

J. Bedlow. For my brother. 

L. C. J. Will you have any more evidence ? 

Mr. Serj. Baldwyn. Yes, my lord, ihe next 
evidence we produce, is. concerning a letter ; 
there was a letter written by one Mr. Peters, 
that is now a prisoner, to one Tonstail a Jesuit; 
and this letter does mention, That there was a 
meeting appointed by order of Whitebread to 
be at London. 

L. C. J. What is that, to them, and how 
come you by it ? 

Serj. Bafdwun. Peters is now in prison for 
things of ibis mature ; and you have heard of 



one Harcourt, and out of his study this letter 
was taken. * x 

W. Bedlow. My lord, may I not have liberty 
to withdraw? My head akes so extremely, I 
cannot endure it. 

L. C. J. Mr. 'Bedlow, you may sit down, 
but we cannot part with you yet. - 

Ireland. I desire, my lord, that his brother 
may be asked, how long lie had known me. 

L. C. J. Cari you recollect by the discourses 
you have heard, how long he might have known 
Ireland ? » 

J. Bedlow. No/ my lord, it was out of my 
wav. 

1. C. J. But did be talk of Ireland? 

J. Bedlow. Yes, my lord, he did. 

Ireland. As being where, in what place ? 

J. Bedlow. I cannot tell. 

Ireland. He named one place three years 
ago, it was at Paris. 

L. C. J. But he does not say that you were 
there, but that yon were familiarly talked of 
there; so that the meaning is, tltey were ac- 
quainted with you : And this is only brought to 
shew, that it is not a new- taken- up thing by 
Bedlow, though you seemed never to have 
known any such man ; yet be swears, saith lie, 
I have heard such persons talked of as my bro- 
ther's acquaintance. 

Ireland. If his brother had talked of me 
three years ago, why then he must have know*, 
me three years ago. 

L. C. J. I will ask him that question : How 
long is it since you knew him? 

W. Bedlow. I have known him bur since 
August this same last summer ; but, my lord, I 
talkt five, and four years ago of several English 
Monks and Jesuits that were then at Rome, 
that I never knew in my life. 

L. C. J. His answer then is this, saith hie 
brother, I have heard him talk of them three 
years ago; .1 then asked Bedlow, how long be 
had known them? saith he, I did not know 
them three years ago, though I did talk of theoi 
three years ago; for we have talkt of many 
that we never saw in our lives : So it seems he" 
had occasion to make use of your names fre- 
quently, and join them with those of some lie 
knew better : But he never knew you 'till 
August last ; but he did discourse of you three 
years ago, as known lor such sort of persons. _ 

Ireland, tie must hear somebody speak of 
us, as being in some place or another. 

W. Bedlow. I will satisfy you in that. We 
talk of some now in England, that are to be 
sent a year hence. 

L. C. J. If you can produce but Harcourl 
and Le Faire, they will do you great service 
now. 

W. Bedlow. Mv lord, as for example, FatUei 
Pritchard is confessor to such a gentlemao ii 
England now this year ; a year hence we onus 
send such a one hither, and he must go bach 
And we may talk of that person as in Eugland 
two years before. 

L. C. J. You need not trouble yowrselvc 
about that. Mr. Ireland, you shall have a fai 



lit] STATE TRIALS, SO Chaelbs fl. 1678.— and Grow, for High Treason. [1 1$ 



trial, tat yoa will not have conning or art 
eaeagh to deceive the jury, nor will Mr. White- 
bread bave learning enough to baffle the court. 

TUn Mr. W. Bedlow and his Brother withdrew. 

Serj. BalHwtfn. My lord, Tlie next evidence 
that we shall give, as I said, is a letter from one 
Peters to one Tonstall, and this we will bring 
tome to Mr. Whitebread. for it is an invita- 
tion to he at the consult held -at London the 
24th of April ; and it was written about that 
very time, to wit, the 3d of April. It was 
written from London, and it mentions, tint 
Mr. Whitebread did fix the meeting at that 
time. We will tell you how we came by the 
letter. Mr. Ilarcoort, who is one of the prin- 
cipal-persons here, and at whose house was 
the meeting you heard of, he himself is fled 
away, when they came* to look after him upon 
the discovery that was made : And Mr. Brad- 
ley, who was the messenger to sejie upon him, 
did according to direction search his study, and 
did there find this letter, winch we conceive, 
my lord, to be very good evidence ; this Har- 
coart being a party, and one at whose house 
toe /ast meeting was, and others was. We do 
cosceife a letter from one of that party, beiir- 
iag date about the same time, concerning Mr. 
Wbitebread's Summons, who was master of I ho 
Company, is very good evidence against them. 
L.C.J. If you had found it ia Mr. White-* 
bread's custody, you say something. 

Just. Bertie. My brother puts it so : We 
find a letter directed to Mr. Whitebrcnd, let 
the matter of it be what it will, it is found 
among Harcourt's papers. 

Serj. Baldwin, No, my Lord ; we find a 
letter from one Mr. Peters now a prisoner, di- 
rected to Mr. Tonstall concerning the consult 
samsaoned by Wuitebread, and this we find in 
HaicourVs possession. 

L. C. J. I cannot understand how this may 
afect Mr. Whitebread. 

Mr. Finch. Pray, ray Lord, if your lord- 
ship please, this is the use we make of this let- 
ter; we do not produce it as another evidence 
of this design, but to fortify that part of the 
evidence which hath already been given, 
Thai there was a consult summoned at that 
one, and to be held with all the privacy that 
could be, to pi event discovery. And this is 
the paper that we find in the custody of Har- 
cocrt, one of th conspirators, who is fled for it. 
Lb C. X Look you, Mr. Finch, if you use 
it not against any particular person, but as an 
evidence in general that there . was a plot 
amongst them, yon say light enough ; but it 
cannot be evidence against any one particular 
person of the prisoners at the bar. 

Mr. Finch. My lord, it can affect no par- 
tjcolar (person,; but we only use it in the gene- 
ral, and we pray it may be read. 

L. C. J. Gentlemen of the jury, before you 
star the letter ready I would say this to you, 
Let them hare fair play ; whatsoever they 
Bete onto others, we will shew them justice. 
They shall have as fair play upon their trials 



as any persons whatsoever. The tiling that is 
offered to be given in evidence, is a letter writ- 
ten by one Peters a prisoner for ibis, plot, and 
directed to one Tonstall a Jesuit, and this is 
found in Harcourt's chamber, a priest that is 
fled, and one whom the king hath commanded 
to render himself by his proclamation ; but he 
docs not. Now in that letter there is a dis- 
course of a design and plot on foot. This caa- 
not be evidence to charge any one particular 
person of these ; hut only to satisfy you and 
all the world, that those letters and papers that 
are found amongst their own priests, do for- 
tify the testimony of Mr. Oates, that there is 
a general plot : It is not applied to any parti* 
cular person. 

Oates. The day before the consult met, Mn 
Whitebread did ask Mr. Peters whether he had 
summoned the consult according to his direc- 
tion. Mr. Peters told him, Yes, he had writ 
into Warwickshire and Worcestershire. 

Whitebread. When was this ? 

Oates. The day before the consult met. 

Whitebread. l5id you hear me ask Mr. 
Peters ? 

Octet. Yes,. I did hear you, and I did hear 
him say he had done' it. Now, my Lore], this 
letter that is found in Harcourt's" study shews, 
that Mr. Whitebread had directed Mr. Peters in 
this consult. , 

Serj. BalHon/n. Pray swear sir Tho. Dole- 
man to shew how he came by it. Which was 
done. 

Serj. Baldpyn. Sir Thomas Dolcman, what 
do you know of this letter ? 

Sir Tho. Dolcman. This letter in my hand 
was taken amongst Harcourt's papeis, in a 
great hag of paper ; and searching them I did 
find this letter amongst the rest. 

Then the letter was shewn to Mr. Oates. 

L. C. J. Is that Mr. Peter's hand? 

Oat a. Ye% my lord, it is. 

L. C. J, Were you acquainted with his hand? 

Oates. Yes, my Lord, I have often read \/L 
in letters. 

L.C.J. Do you know Tonstall ? 

Oates. My Lord, I do not know him by 
that name ; If I did see him, perhaps 1 might 
I know men better by their faces. 

Sir Cr. Levins. Pray read it. 

CL of tht Cr. This is dated February 33, 
1677. And superscribed thus, ( u These jortys 
honoured friend Mr. William Tonstall at Bur- 
ion.") v „ 
*' Honoured dear Sir, 

' I have but time to convey these following 
* particulars to you. First, I am to give you 
1 notice, that it hath seemed fitting to our 
' Matter Consult, Prov. &c. to fix the 21st day 
' of April next Stylo veteri, for the meetiug at 
1 London of our congregation, on which day all 
1 those that have a suffrage are to be present 
' there, that they may be ready to give a begin- 
' ning to the same on- the 24th, which is ibe 
.' ne^t after St. GeorgeVday. You are warned 
' to have jus tvffragii, and therefore if your 
1 occasions should not permit youto.be pre* 



119] STATE TRIALS, SO Chabum II. l67*.—7Ht/ of Ireland, Jfefartg, [tSQ 



* sent, you are to signify as much, to the end 

* others in their ranks be ordered to supply 

* your absence : Every one is minded also, not 

* to hasten to London long before the time ap- 

* pointed, nor to appear much about the town 
' until the meeting be over, lest occasion should 
4 be given to suspect the design. Finally, 

* secrecy, as to the time and place, is much re- 

* commended to all those that receive summons, 

* as it* will appear of its own nature necessary/ 

X. C. J. So it was very necessary, indeed. 
CL qfCr. There is more of it my Lord. 

' Tertiopro domino tolono disco 

* Benrfact. Prov. Lunieruit. 

* I am straitened for time, that I can only 

'assure you, I shall be much glad of obliging 

* you any ways, Sir, your servant 

Edward Petrb, 

u Pray my service where due, &c." 

X. C. J. You know nothing of this letter, 
Mr. Whitebread ? 

Whitebreud. No, my Lord, nothing at all. 

X. C. J. Nor you, Mr. Ireland ? 

Ireland. It is none of my letter, my Lord. 

X. C. J. Did you never hear of it before I 

Ireland. Not that I know of in particular. 

X. C. J, Well, have you done with the 
evidence for the king ? 

Serj. Baldwyn. Pray, sir Thorn as Doleman, 
•viH you tell my Lord, did Mr. Gates give in 
this testimony of the consult, to be the 24th of 
April, before this letter was found t 

Sir J! Doleman. Mr. Oates gave in his in- 
formation about this matter; ' to the king and 
toonnci!, four or five days before we found this 
letter. 

Serj. Jialdwyn. You were speaking of the 
teals that were made use of to sign com- 
missions, have you them in the Court ? 

Oates. Yes, my lord, they are in the Court, 
end they were taken out of the Provincial's 
chamber. 

Whitebread. I confess they had the seals out 
of my chamber ; but the taking .of them was 
tnore than they had power to do. 

Then the Seals were shewn to the Court and 

the Jury. 

Mr. Finch. It bath been told you already, 
gentlemen, what use these seals were put unto ; 
to seal commissions to raise an army. And 
ire have now done with our evidence for the 
)ting ( until we hear what the prisoners say. 

X. C. J. Before you come to make your de- 
fence, I will do that which I think iii justice 
and honesty, and according to the duty of my 
place and ray oath, I ought to do ; that is, to 
•ay something to the jury, before the prisoners 
make their own defence. Here are five that 
stand indicted of hi^h-treason : I must tell you 
this, That as to three of them, that i« to say. 
Ireland Pickering and Gi ve, b»th Mr. Oates 
ami Mr. Bedlow have sworn the thing flat 
ppOn them: Mr. Oates hi* testimony is full 
•gainst ihetn aU ; bat Mr. Bedlow does only 



agree with him to charge three, and that 4 n this 
particular : saith he, I was present at Har- 
court's chamber when Ireland was there, and 
Pickering and Grove, where they discoursed of 
their defeat about their design against the king 
at Windsor ; and there they came to a new/ 
agreement, to do it at New-Market. So that 
here is now, as the king's counsel did open it 
to you at the first, as there ought to be, two 
witnesses ; so here are two, which though they 
speak as to a different circumstance of time, 
)et they prove one treasonable fact at several 
times: tor if killing -the king be the fact in 
question, and one proves they would do it by 
ooe thing, and another by another ; and one 
in one place, and another in another ; yet these 
are two witnesses to prove one fact, that is, the 
substance, which is, the killing of the king. 
So that there are two witnesses against them 
three, expressly proving a confederacy to kill 
the king : for Ireland's being by, and con- 
senting, was the same thing, and as mucb, 
as if he had been to do it with Grove 
and Pickering; for there are no accessaries 
iu treason. I do acknowledge, that Mr. 
Oates hath given a very full and ample 
testimony, accompanied with all the cir 
enmstances of time and place, against tfaesn 
all, that may go far to weigh with you, all 
things considered, to believe there is a Plot ; 
yet I do not think that they have proved it 
ugainst Whitebread and Fen wick by two wit- 
nesses : so that though the testimony be so full, 
as to satisfy a private conscience, yet we must 
go according to law too. It will be conve- 
nient, from what is already proved, to have 
them stay until more* proof may come in : it is 
a great evidence that is against them ; but it 
not being sufficient in point of law, we dis- 
charge vou of them ; it is not a legal proof to 
convict them by, whatsoever it may be to sa- 
tisfy your consciences. Therefore remove Mr, 
Fen wick and Mr. Whitebread from the bar, 
and let the other three say what they will for 
themselves.* 

L. C. Baron. (William Montague, esq.) 
(speaking to' the gaoler,) you must understan . 
they are no way acquitted ; the evidence is so 
full against them by Mr. OateVs testimony, that 
there is no reason to acquit them. It is as flat, 
as by one witness can be ; and the king hath 
sent forth a proclamation for further discovery; 
before the time therein prefixed be out, no- 
quest ion there will come in more evidence r 
therefore keep them as strict as you can. 

Then Whitebread and Fen wick were taken 
back to the gaol by the keeper. 

L. C. J. Now, gentlemen, yon shall have 
liberty to make your full defence. 

Ireland. First, I shall endeavour to prore 
there are not two witnesses against me: -for 
that which he says, of mv being at Harcourt'a 
chanher in August, is false ; for I will prove 

* See the account of their Trials, June 18 t 
1619, infra, ipd the Note thereto* 



mi STATE TRIALS, 30 Charlk* II. 1678 — mi Grope, far High Treason. [132 



1 was all August long out of town, for I was 
then m Staffordshire. 

X. C. J. Call your witnesses. 

Ireland, ir there be any of them bere. 

X. C. J. Whoever comet to give evidence 
for you, shall go and come in safety ; they 
Shall not be trepanned for anj thing of that, 
hot they shall be heard. 

Ireland* My lord, we are kept so strict, 
that we are not permitted to send tor auy body. 

L. C. J. As soon as your sister came to me, 
I ordered she should have access to 



you, 



and 



that yon should have pen, ink and paper, in 
order to your defence ; therefore call those 
witnesses yon have, to prove what you say. 

Ireland. I can only say this, That last An* 
gnat apon the 3rd day I went down to Staf- 
ssrdehire with my lord Aston, and his lady, 
aad his son, and sir John Southcot and his 
lady, and all these can testify that I went 
down with them. Here is Mr. John Aston in 
town, j( he may be found, who was in my com- 
pany aU August in Staffordshire. 

Is. C. I. Will yoo call that gentleman ? 
Crier, call him. 

drier, Mr. John Aston. 

Ireland. It is an hundred to one if he be 
here ; for I hare not been permitted so much 
as to send a scrap of paper. 

X. C. J. Your sister had leave to go to 
whom yoo thought fit, in your behalf. Yoo 
said yon would prove it. Why don't you r 

Ireland. I do as much as I can do. 

X. C. J. What, by saying so ? 

Ireland. Why, I do name them that can 
testify. 

I*. C. J. If naming them should serve, yoo 
most have a law made on purpose for you. 

Ireland. Then there is no help for mno- 



To save him that labour, the 
sing's evidence will prove, that he was m town 
at chat time. 
Serj. Baldwin. Swear Sarah Paine. Which 



j. Baldmyn. My lord, this person was Mr. 
Grove's maid. 

LC. J. I believe you know your maid, Mr. 
Grove, don't you i Look apon ber, she was 
your servant. 

Grave. Yes, my lord, she was so, she is not 
so now. 

L. C. J. Do you know Mr. Ireland ? 

Sarah Paine. Yes, my lord. 

L. £. J. Do you know whether Mr. Ireland 
was in town in Aogast last, or no ? 

& Paine. I saw him at his own house about 
a week before I went with my lord Arlington 
to Windsor. 

X. C. I. When was that ? 

& Paine.: That was about a week after the 
king was gone thither. 

X. C.-J. Sir Tho. Doleman, what day was it 
the king was gone thither ? 

Sir T. Doleman. About the fSth of August. 

L. C. J. Thirteen and seven is twenty ; 
then yoo swot to Windsor about tbe 30th, it 

7 



seems, and you say that eight days before-yon/ 
saw Mr. Ireland at his own house ? 

S. Paine. Yes, my lord, about eight or nine 
days before that, 1 did see him at the door of 
his own house, which was a Scriveners in . 
Fetter-Lane. Us was going into his own 
lodging. 

X. C. J. How long had yon known him be- 
fore that time ? 

S. Paine, My lord, I knew him, for became 
often to our house, when I lived at Mr. Grove's ; 
he was the man that broke open tbe pacquet 
of letters that my master carried about after- 
wards, and he sealed all the pacquets that went 
beyond tbe seas. And he opened them still t 
when the answers returned back again. 

Ireland. Now must all tbe people of soy 
lodging come and witness that I was out of my 
lodging all August. 

X. C. J. Call them. 

Ireland. There is one Anne Ireland. 

X. C. J. Crier, call her. 

Crier. Anne Ireland : Here she is. 

It. C. J. Come, mistress, what can you say 
concerning your brother's being out of town in 
August? 

A. Ireland. My lord, on Saturday tbe 3rd of 
August he set out to go into Staffordshire. 

X. C J. How long did bo continue there ? 

A. Ireland. Till it was a fortnight before 
Michaelmas. 

X. C. J. How can you remember that it 
was just the 3rd of August ? 

A. Ireland. 1 remember it by a very good 
circumstance, because on the Wednesday be- 
fore, my brother and my mother, and I, were 
invited out to dinner; we stayed there all night, 
and alt Thursday night, and Friday night my * 
brother came home, and on Saturday he set 
out far Staffordshire, . 

h. C. J. Where was it, maid, that you saw 
him ? 

S. Paine. I saw him goiog in at the door 
of their own house. 

X. €. J. When was that? 

S. Paine. About a week before I went* 
with my lord chamberlain to Windsor, which 
was a week after the king went thither. 

X. C. J. That must be about tbe 12th or- % 
13th. Are you sure you saw him ? 
. S. Paine. Yes, my lord, I am sure I saw him.. 

X. C. J. Do you know this maid, Mr. Ireland? 

Ireland. I do not know her, my lord. 

X. C. J. She knows you by a very good 
token. . You used to break open the letters at 
her master's house, and to seal them. 

S. Paine. He knows roe very well, for I have 
carried several letters to htm, that came from 
the carrier as well as those that came from be*, 
yond sea. 

X. C. X They will deny any thing in the 
world. 

Ireland. I profess, I do not know her. 
Twenty people may come to me, and yet I not 
knew tnein ; and the having been Mr. Grove's 
servant, may have brought me letters, and yet 
I not remember ber. Out, my tofdjwere is my. 



133] STATE TRIALS, SO Charles II. 167$. —Trial qf Ireland, Pickering, - [13* 



mother Eleanor Ireland, that can testify the 
same. 

L. C.J. Call her then. 

Crier. Eleanor Ireland. 

E. Ireland. Here. 

L. C. J. Can you tell when your son went 
out of town ? 

E. Ireland. He went out of town the 3rd 
of August, towards Staffordshire. 

Ireland. My lord, there is Mr. Charles Gif- 
ford will prove that I was a week' after the be- 
ginning of September, and the latter end of 
August in Staffordshire. 

L. C. J. That will not do : for she says 
that she saw you in London about the 10th or 
12th of August; and she makes it out by a cir- 
cumstance, which is better evidence than if she 
had come and sworn the precise day wherein 
she saw him ; for I should not have been satis- 
fied, unless she had given me a good account 
why she did kuow it to be such a day. She 
does it by circumstances, by which we must 
calculate that she saw you about the 12th or 
13th day. She went to 1 my lord Arlington's 
at such a day, a week after the king went to 
Windsor, and that was about the 13th, and she 
saw , you a week before she went to my lord 
Arlington's, which must be the 12th or 13th. 
Yon say you went out of town the 3rd of 
August ; who can swear you did not come 
back again? 

Ireland. All the house can testify 1 did not 
come to my lodging. 

E. Ireland. He went out of town the 3rd 
of August, and did not return till a fortnight 
before Michaelmas. 

L. C. J. Did you lie at his bouse? 

E. Ireland. 1 did then, my lord. 

L.C.J. What, all that while? 

E. Ireland. Yes, my lord. 

L. C. J. So did your daughter too, did she? 

jE. Ireland. Ye*s,' she did. 

Ireland. • There are others that did see me 
the latter end of August in Staffordshire. 

L. C. J. And you would fain have crampt 
him up, between the 20th and 31st; and then, 
it is possible, yon might be in Staffordshire. 

Ireland. If I might have been permitted to 
send in for such .witness as I would have had, 
I conld have brought them. 

Recorder. Why, have you not a note of 
what witnesses you are to call? Why don't you 
call them according to that note? 

Ireland. I had that but this morning. 

L. C. J. Why,- did you not send /or them 
before, to have them ready ? 

Recorder. It is his sister that brings that 
note of the witnesses that he should caH, and 
now they are not here. 

A. Ireland. There was one Engletrap, and 
one Harrison, bad promised to be here, that 
went with him into Staffordshire. 

Oate$. My lord, whenever we had a mind 
to come to town, we commonly writ our letters, 
and let them come to town two days after us. 
So that we might prove by the writing of such 
letters, if any question did arise, that we could 



not be at such a place .at such a time. And 
when we pretended to go into the country, we 
have gone and taken a chamber in the city,- 
and have had frequent cabals at our chare hers 
there. Mr. Ireland writ a letter as dated from 
St. Oniers, when I took my leave of him at his 
own chamber, which was betwixt the l?ilt and 
24th in London. He was there; and after- 
wards when I went to Fenwick's chamber lie 
came thither; a fortnight or ten days at least, I 
am sure it was in August. 

L. C. J. Here are three witness upon oath 
about this one tfring : Here is Mr. Bedlow that 
swears the fact, upon which the question arises 
to he in August; that you deny, and say 
you were out of town then . he produces a 
maid here, and she swears that about that time 
-which by calculation must be about the 11th or 
12th,*she saw you going into your own house. 
And here is a third witness, who swears he 
knows nothing of this matter of fact, but he 
knows you weregn town then, and that he took 
his leave of you as going to St. Omers. 

Oates. Whereas he says, that the beginning 
of September he was in Staffordshire, he was io 
town the 1st of September, or 2nd * for then 
I had of him twenty shillings. 

Ireland. This is a most false lye ; for I waa 
then in Staffordshire. And the witnesses con- 
tradict themselves ; for the one saitb, he took 
his leave of me, as going to St. Omers the 12th ; 
the other saith, it was the latter end of August 
I was at Harcourt's chamber. 

L. C. J. He does not say you went, but you 
pretended to go. 

A. Ireland. Here is one'Harrison, that was m 
coachman that went with them. 

L. C. J. Well, what say you, friend ? 'Do you 
know Mr. Ireland ? 

Harrison. I never saw the man before that 
time in my life, but I met with' him at St. 
Albans. 

L.C.J. When? 

Harrison. The 5tb of August. There I met 
with him, and was in a journey with bim to 
the 16th. 

L. C. J. What day of the week was it ? 

Harrison. Of a Monday. 

L. C. J, Did he come from London on* that 
day ? 

Har. I cannot tell that But there I met 
him. 

L. C. J. What time ? 

Har. In the evening. 

L. C.J. Whereabouts in St. Albans? 

Har. At the Bull-inn where we lodged. 

L. C. J. Mr. Ireland, you say you went on 
Saturday out of town, did you stay at St. Albans 
till Monday? 

Ireland. No, I went to Standon that day, and. 
lav there on Saturday and Sunday night ; on 
Monday I went to St. Albans. 

X. C. J. What from thence? 

• This was the perjury assigned in the first 
count of the indictment upon which Oates was 
convicted, May 9th, 168& See the thai »*/**<*• 



126] STATE TRIALS, SO Charles II. 1678.— a*<* Grove, for High Treason'. [126 



btUtmi. Yes my lord. 

L. C.J. Why did you go thither? Was that 
u jour way ? 

Ireland* I went thither for the company of 
iff John Southcot and his lady. 

JL C. J. How did you kuow that they went 
thither ? 

Ireland. I understood they were to meet my 
lord Aston, and lady, there. 

X. C. J. What, on Monday night ? 

Ireland. Yes my lord. 
. Hot. From thence I went with hits to Tix- 
weJ, to my -lord Aston's house, there we were 
all with him. 

JL C. J. Were yoa my lord Aston's coach- 
man? 

Har. No, my lord, I was servant to sir John 
Sooibcot. 

X. C. /. How came yoa to go with them ? 

Har. Because my lord Aston is my lady 
Sosthcot's brother. 

X. C. J. How long was you in his company ? 

Hot. From the 5th of August to the 16ib, 
and then I was with him at West-Chester. 

Mr. Just. Atkins. You have not vet talked 
•f being at West- Chester all this while. 
' Ireland. My lord I mast talk of my journey 
bj degrees. 

L. C. /. Before you said you were # all August 
in Staffordshire ; come, you must fin'd out some 
evasion for Chat. 
'Ireland. In Staffordshire, and thereabouts. 

X. C. J. You witness, who do you live with ? 

Har. With sir John Southcot. 

X. C. J. Who brought you hither ? 

Har. I came only by a messenger last night, 

I* C. J. Was not sir John Southcot in that 
journey himself ? 

Har. Yes my lord, be was. 

X. C. J. Then you might as well have tent 
to sir John Southcot himself to come. 

A. Ireland. I did it of myself; I never did 
such a thing before, and did not understand 
the way of ic 

Ireland. It was mere chance she did send 
for those she did. 

I*. C. J. Bat why should *he not send for sir 
John himself? 

Ireland. She did not know that sir John was 



X, C. J. Yoo were not denied to send for any 
witnesses, were you ? 

Ireland. I was expressly denied ; they would 
not let me have one bit of paper. 

X. C. J. Fellow, what town was that in 
StaJSbrd&hire ? tell me quickly. 

Har. It was Tixwell, by my Lord Aston's ; 
there we made a stay for three or four days, 
then we went to Nantwich, 4md so to West- 
Chester. 

X. C. J. Were not you at Wolverhampton 
wkh him ? 

Har* No, my Lord, I was not there, I left 
&» at West-Chester. 

Ireland. My Lord, I was at Wolverhampton 
**h Mr. Charles Gifford, and here he is to at- 
tetir. 



L. C. J. Well, Sir, what say you? 

Gijfovd. My Lord, I saw him there, a day or 
two nfter St. Bartholomew's day, there he con- 
tinued till the 9th of September; the 7th of 
September I saw him there, and I cau bring 
twenty and twenty mpre, that saw him there. 
Then, as be said, he was to gd towards London, 
I came again thither on the 9ih, and there I 
found him. And this is all I have to say. 

Oatet. My Lord, I do know that day in 
September I speak of by a particular circum- 
stance. 

Irttand. My Lord, there is one William 
Bowdrel, that will testify the same, if I might 
send for him. 

L. C. J. Why han't you him here. 

Ireland. She hath done what she can to 
bring as many us she could. 

X. C. J. Have you any more witnesses to 
call. 

Ireland. I cannot tell whether there be any 
more here, or no. 

X. C. J. Mr. Grove, what say you for your- 
self? 

Grave. Mr. Oates says be lay at my house; 
my Lord I have not been able to send for any 
witnesses, and therefore I know not whether 
there be any here. They could prove that he 
did not lie there. He says he saw me receive 
the Sacrament at Wild- house, hot he never did; 
and if I had any witnesses here, I could prove it. 
. X. C. J. He tells it you with such and such 
circumstances, who lay there at that time. 

Grove. He did never lie there. 

X. C. J. Why, you make as if you never 
knew Mr. Oates. 

Grove. My Lord, I have seen him, but he 
never lay at my bouse. 

X. C. J. Mr. Pickering, what say you for 
yourself? You rely upon your masses. % 

Pickering. I never saw Mr. Oates, as I know 
of, in my lire. 

X.* C. J. What say you to Bedlow ? He tells 
you he was with you in Harcourt's chamber such 
a day. 

Pickering. I will take my oath I was never 
in Mr. Bedlow's company in all my life. 

L.C. J. I make no question but you will ; 
and have a dispensation for it when you have 
done. Well, have you any witnesses to call ? 

Pickering. I have not had time to send for 
any. 

L. C. J. You might have moved the court, 
when you came at first, and they would have 
given you an order to send for any. 

Ireland. Methinks there should be some 
witnesses brought that know Mr, Oates, to attest 
his reputation; tor I am told, there are those that 
can prove very ill things against him, they say 
he broke prison at Dover. 

X. C. J. Why have you not your witnesses 
here to prove it ? 

Ireland. We could have had them, if we had 
time. 

X. C. J. See what you ask now ; you would 
have time, and the jury are ready to go toge- 
ther about their verdict. 



12?] STATE TRIALS, 30 Charles 11. 1678.— Trial qf Ireland, Pickering, [MSj 



Ireland. Why, we desire but a Httie time to 
make out our proof, . 

L. C. J. Only you must tye up the jury, and 
they roust neither eat nor drink tillMhey give in 
a verdict. 

Ireland. Then we must confess, there is no 
justice for innocence. 

L. C. J. Well, if you have any more to say, 
say it. 

Ireland. My Lord, I have produced witnes- 
ses thai prove w hat I have said. • 

L. C. J. I will tell you what you have proved, 
"you have produced your sister and your mother 
and the servant of Seuthcot ; they say you went 
out the 3rd of August, and he gives'an account 
you came to St. Albans ou the 5th, and then 
there is another gentleman, Mr. GifFord, who 
says he saw you at Wolverhampton till about a 
week in September. Mr Oates hath gainsaid 
him in that, so you have one witness against 
. Mr. Oates for that circumstance, It cannot 
be true what Mr. Oates says, if you were there 
all that time, and it cannot be true what Mr. 
Gifford says, if you were in London then. And 
against your two witnesses, and the coachman, 
there are three witnesses, that swear the con- 
trary, Mr. Oates, Mr. Bedlow, and the maid; 
so that rf she and the .other two be to be be- 
lieved, here are three upon oath against your 
three upon bare affirmation. 

Ireland. I do desire time, that we may bring 
in more witnesses. 

£. C. J. Come, you are better prepared 
than you seem to be. Call whom you have to 
call. Can you prove that against • Mr. Oates 
which you speak of? If you can, call your wit- 
nesses, in God's name, But only to asperse, 
though it be the way of your church, it shall 
not be the way of trial amongst us. We know 
you can call Heretics, and ill names, fast 
enough. 

Ireland. ' That Hilsley that he names can 
prove, if he were here, that Mr. Oates was ail the 
while at St. Omers. 

L. C. J. • Will you have any more witnesses 
called ? If you will, do it, and do not let *us 
spend the time of the court thus. 

Grove. Here is Mrs. York, that it my sister, 
will your lordship please to ask her, whether 
the saw that gentleman at my house ? 

L. C. J. What say you Mistress ? 

York. No, my lord, not I. 
' Mr. Just. Atk. Nor I neither ; might not 
he be there for all that ? 

Oates. To satisfy the court, my lord, I was 
in another habit, and went by another name. 

L. C. J. Look you, he did as you all do, 
disguise yourselves. 

Ireland. Though we have no more wit- 
nesses, vet we have witnesses that there are 
more witnesses. 

L. C.J* I know what your way of arguing 
fa; that is very pretty; you have' witnesses 
that can prove you have witnesses, and those 
witnesses can prove you have more witnesses, 
and so in infinitum. And thus you argue in 
every thing you do. 



■ 
s 



Ireland. We can go no further than we can 
go, and can give no answer to what ire did not 
know would ho proved against us. . 

L. C. J. Then look you, gentlemen- 

Ireland. My lord, sir Denny Astiburnham '" 
promised to be here to testify what be can say 
Concerning Mr. Oates. l 

L C. J. Call him. 

Crier. 6ir Denny Ashburnham. Here 

he is, my lord. 

L. C. J. Sir Denny, what can you say 
concerning Mr. Oates? 

Sir D. Ashburnham. My lord, I received a 
letter this morning, which I transmitted to Mr. 
Attorney, and this letter was only to send t<S 
me a copy of an indictment agnuist Mr. Oates 
of perjury : I did send it accordingly with my 
letter to Mr. Attorney. He bath seen the let- 
ter, and what the town says to me in it. 

Att. Gen. (Sir William Jones.) I have 
seen it, there is nothing in it. 

L. C. J. Do you know any thing of yout 
own knowledge ? 

Sir D. Ashburnham. I do know Mr. Oates, 
and have known him a great while ; I have 
known him from his cradle, and I do know 
that when he was a child, he was not a per- 
son of that credit that we could depend upon 
what he said. 

L. C. J. What signifies that ? 

Sir D. Ashburnham. Will you please to hear 
me out, my lord f* I have been also solicited by 
some of the prisoners who sent to me, hoping 
I could say something that would help tbein in 
this matter: Particularly last night one Mis- 
tress Ireland, sister to the prisoner at t(*e bar, 
a gentlewoman I never saw before in my life, 
she came to me, and was pressing me hard, 
that I would appear here voluntarily to give 
evidence for the prisoner. I told her, No, \ 
ivpuld not by an/ means in the world, nor 
could I say any thing, as I thought, that would 
advantage them; for I told her, though, per- 
haps, upon my knowledge of Mr. Oates fa his 
youth, had this discovery come only upon Mr. 
Oates's testimony, I might have had some lit* 
tie doubt of it ; but it was so corroborated witti 
other circumstances that had convinced me, 
and I would ,not speak any thing against the 
king's witnesses, when I myself was satisfied 
with the truth of the thing : And I do think 
truly that nothing can be said against Mr. 
Oates to take off his credibility; but what I 
transmitted to Mr. Attorney, I had from the 
town of Hastings, for which I serve. 
L. C. L What was hi ihat indictment ? 
Sir D. Ashburnham. It is set forth, that lie 
did swear the peace against a man, and at his: 
taking his oath did say. that there were some 
witnesses that would evidence such a point o! 
fact, which, when they came, would not tes- 
tify so much, and so was forsworn. 

L C. J. What was done upon tltat indict 
ment r 

Sir D. Ashburnham. They did not proceei 
upon it ; but here is the letter and the copy o 
the indictment. 



t€9] STATE TRIALS, 30 Charles II. 



Mr. Serjeant Baldwin. My ford, wt dcstrtf 
it any be read, and Me what it is. 

AH. Gtn. It is only a certificate, pray let 
k be rend. 

JL C J. I do not think it authentic evi- 



Alt % Gen. But if I consent to it, it may 
be nod. 

L. C. J. If you will read it for the prison- 
ers you may, you shall uot read it against them. 
If there be any strain, it shall be in favour of 
the prisoners, end not against tbem. 

Alt. Gem. It is nothing against the prison- 
ers, nor lor tbem ; but hot? ever, if your lord- 
ship be not satisfied it should be read, let it 



L. C. J. Truly, I do not think it is sufficient 
evidence, or fit to be read. 

A. Ireland. I went to another, col. Shakesby, 
who was sick, and could not coirie, but could 
bare attested much as to this. 

L. C. J. Have yon any more witnesses ? 

IreUmd. I have none, nor I bare not time 
tabling them in. 

L. C. J. If yon have none, what time could 
bare brought tbem in ? But you have called a 
gentleman that does come in, and truly be hath 
doae you very great service ; you would have 
bad bim testified against Mr. Oates; be saith 
be hath kaowo him ever since be was a child, 
and that then lie had not so much credit as 
now be bath : And had it been upon his single 
testimony that the discovery of the plot had 
depended, he should have doubted of it ; bat 
Mr. Oates 1 * evidence, with the testimony of 
the tact itself, and all the concurring evidences 
whicb.be produces to back bis testimony, 
hath convinced him that he is true in his nar- 



Sir D. Atkburnkam. Your lordship is right in 
what I have spoken. 

L. C. J. Have you any snore witnesses, or 
any thing more to say for yourselves? 

iriand. If I may produce op my own be- 
half pledges of my own loyalty, and that of my 

L. C. J. Produce whom you will, 

btUmd. Here is aiv sister and my mother 
tan tell how our relations were plundered for 
sidiag with the king. 

L. C. /. No, I will tell you why it was; k 
was for being papists, and you went to the king 
fa shelter. 

JnaVme*. I bad an uncle that was killed m 
feksns/s service ; besides, thePendrels and the 
Oiaaidi that were instrumental for saving the 
king, after the fight at Worcester, are my near 



L. C. J. Why, all those am papists. 

Pickering. My father, my lord, was iufied 
in the king's party. 

L. C.J. Why then do yon fall off from your 
father's virtue? 

Pickering. I have not time le produce wit- 
nesses on soy own behalf. 

Irelnnd. 1 do define time to bring mow wh> 



vou VII. 



1678 — am} Grove, for High Treason. [110 

Grave. As I hare a soul to save, I know 
nothing of this matter charged upon me. 

X. C.J. Weil, have you any thing more to 
soy ? 

Ireland. No, My Lord. 

L. C. J. You of the kii*g's counsel, will you 
sum up the evidence ? 

Mr. Serj. Baldwyn. No, my lord, we leave 
it to your Lordship. 

Cl.qfCr. Crier, make proclamation of si- 
lence. 

Crier. O Yes! All manner of persons arc 
commanded to keep silence upon pain of im- 
prisonment. ' 

Then the Lord Chief Justice directed the Jury 

thus : 

L. C. J. Gentlemen, you of the jury ! As 
to these three persons, Ireland, Pickering, 
Grove, (the other two you are discharged oi) 
one of them, Ireland it seems, is a priest. I 
know not whether Pickering be or no ; Grove 
is none, but these are the two men tiwa should 
kill the king, and Ireland is a conspirator in 
that plot. 'They are all indicted for conspiring 
the king's death, and endeavouring to subvert 
the government, and destroy the Protestant Re- 
ligion, and bring in popery. The maia of the 
evidence hath gone upon that foul and black 
offence, endeavouring to kill the king. The 
utmost end was, without all question, to bring 
in Popery, and subvert the Protestant religion; 
and they thought this a good means to do it, 
by killing the king. That is the thing you have 
bad the greatest evidence of. I will sum up the 
particulars, and leave tbem with yon. --It is 
sworn by Mr. Oates expressly, That on the 
34th of April last there was a consultation 
held of priests and Jesuits. They are the men 
fit only for such a mischief, for I know there 
are abundance of honest gentlemen of that pert 
suasion, who could never he drawn to do any 
of these things, unless they were seduced bar 
their priests, that stick at nothing for their own 
end : he swears expressly, that the consult was 
began at theWhite- Horse tavern in the Strand, 
that they there agreed to murder die king ; that 
Pickering and Grove were the men that were 
to doit, * bo went afterwards and subscribed 
this holy league of theirs, and signed it every 
one at bis own lodging, Whitebread at hia, Ire- 
land at his, and Fenwmk ot bis, two of which 
are out of the case, but they are repeated to 
you only to shew you the order of the con- 
spirecy* That afterwards Pickering and Grove 
did agree to the -same, and they received the 
sacrament upon it as an oath, to make all sa- 
cred, and a seal, so make all secret. 

Mr. fiediow hath sworn as to that particular 
time of killing. the king by Pickering and Grove 
though they were not to give over the design* 
but there were four that were ' sent to kill the 
king at Windsor. Mr. Oates swears there was 
an attempt by Pickering in March last, hot 
the mat of the pistol happening to be loose, he 
durst not proceed, for which he was rewarded 
with penance. He swears there were fonr hired 

K 



tti] STATE TRIALS, 30 Cbasles IL 1 67^— Trial <tf Inland, Pickering, [1*2 

to do it ; that fourscore poinds was provided 
forebear Ht saw the money: and swears 
bt saw it delivered to the messenger to <;arry it 
down. 

Ireland. At what time was- that ? 
L. C. J. In August there was an* attempt 
first by Pickering and Grove. They then not 
doing of itfour other persons ('Irishmen) were 
hired to do it, aod 10,000/. proffered to sir 
George Waketnan to poison the king. Thus 
still they % go on in their attempts, and, that 
being .too little, 5,000/. more was added. This 
is to shew you the gross of the plot in general ; 
and also the particular transactions of these 
two murderers Grove and Pickering, with the 
conspiracy of Ireland. Bedlow swears directly 
that in August last, these three and Harconrt, 
and Pritchard and Le Faire, being all together 
in a room, did discourse of the disappointment 
the four had met with in not kilting the king at 
•Windsor ; and there the resolution was the old 
stagers shoold go on still, but they had one 
Con vers joined to them, and they were to kill 
the king then at Newmarket. He swears they 
did agree to do it ; that Ireland was at it ; and 
that all three did consent to that resolve. So 
that here are two witnesses that speak positively 
with all the circumstances of this attempt, of 
the two to kill the king, and the confederacy of 
Ireland, all along with them. Now, • I must 
tell you, there am no accessaries, but all prin- 
cipals, in Treason. It may seem hard, perhaps, 
to convict men upon the testimony of their 
fellow-offenders, and if it had been possible to 
bare brought other witnesses, is> had been well: 
bet, in things of this nature, you cannot expect 
that the witnesses shoold be absolutely spotless. 
You must take such evidence as the nature of 
the thing will afford, or you may have the king 
destroyed, and our religion too. For Jesuits 
ore too subtle to subject themselves to too 
plain a proof, such as they cannot evade by 
equivocation, or aflat denial. 

There is also a letter produced, which, speak- 
ing of the consult that was to be the 24th of 
April, proves that there was a conspiracy 
among tnem : And, although it is not evidence 
to convict any one man of them, yet it is evi- 
dence upon Mr. Oates's testimony to prove the 
general design. It is from one Petre to one of 
the confederates, and taken amongst,Harconrt's 
papers, after Mr. Oates had given in his testi- 
mony; and therein it is mentioned, That the 
superior* hud take* care, that there should be a 
meeting the 24th of April, the day after Saint 
Qeorge's day, which is the very time Oates 
speaks of; and that they were not to come to- 
rn wn too soon, that the design might not be 
discovered. 1 would fain know what the sig- 
nification of that clause may be. And then it 
goes farther, That it was to be kept secret, as 
thenatare of the thing doth require; which 
shews plainly there was such a transaction on 
foot. But the reason I urge it for is, to shew 
you that it is* concurrent evidence with Mr. 
Oates, who had never seen this paper till three 
or fee* days after tab Jsrbrmation wsughreji in, 



wherein* he swears the time when this agitation 
was to be, and* when they came to look optfn 
the paper, 4t agrees with the time precisely. 
Now they do not write in this letter, that they 
intend to kill the king, but they write to cau- 
tion them to keep the design undiscovered, and 
by that you may guess what they mean. 

What is said to all this by the prisoners, bat 
denial ? Ireland cannot deny bat that he knew 
Mr. Oates, and had been in his company some- 
times; five times, by circumstances, Mr. Oates 
bath proved, so that they were acquaintance ; 
and it appears plainly, there was a familiarity 
between them. Ireland objects, that Bedlow 
charges him in August, when he was out of 
town all that time, and that therefore the tes- 
timony of one of the witnesses cannot be true. 
And, to prove this, he calls his mother, bis 
sister, and sir John Southern's man, and Mr. 
Gifford. His mother and sister say expressly, 
that he went out of town the 3rd of August, 
and the servant says, that he saw him at Saint 
Albans the 5th of August, and continued in bis 
company to the 16th (so that as to that, there 
is a testimony both against Mr. Bedlow and 
against Mr. Oates) ; and Gifford comes and 
says, be saw him at the latter end of August 
and beginning of September at Wolverhamp- 
ton ; whereas Mr. Oates bath sworn, he saw 
him the 12th of August, and the 1st or 2nd of 
September, and tells it by a particular circum- 
stance, wherein, I most tell you, it is impossi- 
ble that both sides should be true. But if it 
should be a mistake only in point of time, it de- 
stroys not the evidence, unless you think it ne- 
cessary to the substance of the thing. If you 
charge one in the month of August to hare 
done such a fact, if he deny that he was in 
that plnce at that time, and proves it .by wit- 
nesses, it may go to invalidate the credibility 
of a man's testimony, but it does not invalidate 
the truth of the thing itself, which may be true 
in substance, though the circumstance of time 
differ. And the question is, whether the thing 
be true? 

Against this, the counsel of the king have 
three that Swear it positively and expressly, 
That Ireland was here, here is a young maid 
that knew him very well, and was acquainted 
with him, and with his breaking up of letters ; 
and she is one that was Grove's servant : Sbe 
comes and tells you directly, That about that 
time, which, by computation, was about the 
18th of August, she saw him go into bis own 
house ; which cannot he true, if that be true 
which is said on the other side; and sbe doe* 
swear it upon better circumstances than- if she 
had barely pitched Upon a day ; for she must 
have satisfied me weU, for what reason she 
could remember the day so positively, ere I 
should have believed her : But she does it, re- 
membering her going, to my lord Arlington's 
service, which was a' week after the king went 
to Windsor ; which is sworn to be about the 
13th of August, and a week before her gsfaf 
it was that she saw Ireland at his awn rloot. 
What aitsr they have of evading this, I know 



IS] STATE TRIAUS, 30 Charts II. I67$^w4 Grnx, M High Tr***m. [Itt 



«*; fer aathey 4mmm turned their learning into 
sskiki, so the j have tbeir iategritv loo. The 
atari; of politics is their business and art, which 
they sake use of opon all occasions ; and 1 6nd 
tfcra learned chiefly in cunning, and very sub- 
lie ia their evasions. So that too see, without 
s/eet. difficult y 9 av man cannot have from them 
a plain answer to a plain question. Bat the 
net against them is here expressly sworn by 
oio witnesses ; if you have any reason to dis- 
believe them,. I most leave that to you. Sir 
D. AshburahaiD, who is produced to discredit 
Mr. Oates, says, that when be was a child, 
there wa» little or no credit to be given to him, 
and it the matter bad depended solely upon his 
temmooy, those irregularities of his, when a 
soy, would have staggered his belief. But 
when the matter is so accompanied with so 
aany other circumstances, which are material 
ttaiags, and cannot be evaded or denied, it is 
simost impossible for any man, either to make 
such a story, or not to .believe it when it is told. 
I know not whether they can frame such a 
one; I am sure never a Protestant ever did, 
and, 1 believe, never would invent such a one 
to take away their lives : Therefore it is left to 
yoar consideration what is sworn : The cir- 
cosostances of swearing it by two witnesses, and 
what reasons you have to disbelieve them. 

It is most plain the Plot is discovered, and 
that by these men ; and that it is a Plot, and a 
vaJainous one, nothing is plainer. No man of 
common understanding, but most see there 
was a conspiracy to bring in Popery, and to 
destroy the Protestant religion ; and we know 
their doctrines and practices too well, to be- 
lieve they will stick at any thing that may ef- 
fect those ends. They most excuse me, if I be 
plain with them; I would not asperse a pro- 
session of men, as the priests are, with burd 
words, if they were not very true, and if at this 
time it were not very necessary. If they had 
not murdered kings, I would not say they would 
bare done ours. But when it bath been their 
practice so to do ; when they have debauched 
men's understandings, overturned all morals, 
and destroyed all divinity, what shall I say of 
them ? when their humility, is such, that they 
tread opon the necks of emperors ; their cha- 
nty such, as Co kill princes; and their vow of 
poverty such, as to covet kingdoms, what shall 
I judge of them ? when they ^ave licences to 
be, and indulgeacies for nushoods ; nay, when 
they can make him a saint that dies in one, 
and then pray to him; as the carpenter first 
makes an image, and after worships it ; and 
can then think to bring in that wooden religiou 
of theirs amongst us in this nation, what shall I 
rhmk of them ? what shall I say to them ? what 
shah* I do with diem? 

If there can do a dispensation fjpr the takiog 
of any oath (and divers instances may be given 
of it, that their church does license them to do 
10) it is a cheat upon men's souls, it perverts 
sad breaks off all conversation amongst man- 
kind ; for bow can we deal or convene in the 
world, when there is no sin, hot can be in- 



dulged ; no offence so big, but thef can pardon 
it, and some of the blackest be accounted me- 
ritorious? what is there left for mankind to 
lean upon, if a sacrament will not biud them, 
unless it be to conceal their wickedness ? If 
they shall take tests and sacraments, and aH. 
this under colour of religion be avoided, and 
signify nothing, what is become of all con- 
verse f How can we think ohligutions and pro* 
mises between man and man should hold, if a 
coveoant between God and man will not ? 

We have no such principles nor doctrines ia 
our Church, we thank God. To use any pre- 
varication in declaring of the truth, is abomi- 
nable to natural reason, much more to true re- 
ligion ; and it is a strange Church that will al- 
low a man to be a knave, hi* possible some 
of that communion may be saved, but they caa 
never hope to be to in such a course as this. I 
know tbey will say, That these are not their* 
priuciples, nor these their practices, but they 
preach otherwise, they print otherwise, and 
their councils do determine otherwise. 

Some hold, that the Pope in council is infal* 
lible ; and ask any Popish Jesuit of them all, 
and be will say the Pope is infallible himself, 
in cefieoVo, or he is no right Jesuit. And if so, 
whatever they command is to be justified by 
their authority; so that if they give a dispensa- 
tion to kill a king, that king -as well killed. This 
is a religion that ouite unhinges all piety, all 
morality, and all conversation, and -to be aba* 
minuted by all mankind. 

They have some parts of the foundation, it is 
true; but they are adulterated, and mixed with 
horrid principles, and impious practices. They 
eat their God, they kill their king, and saint the 
murderer. They indulge all sorts of sins, and 
no human bonds can hold them. 

They must pardon me if I seem sharp, for a 
Papist in England is not to be treated as a Pro- 
testant ought to be in Spain : And if ye ask me 
wby ? I will give you this reason ; We have no 
such principles nor practices as they bave. If 
I were in Spain, I should think myself a very iU 
Christian, should. I offer to disturb the govern* 
mem of the place where I lived, that I may 
bring in my religion there. What have I to do 
to undermine the tranquillity and peace of a 
kingdom, because all that dwell in it are not of 
my particular persuasion ? 

They do not do so here, there is nothing caa 
quench the thirst of a priest and a Jesuit, not 
the blood of men, not of any, if he can but pro* 
pagate his religion, which in truth is but bis in- 
terest. 

They hsve not the principles that we have, 
therefore they are not. to have that common 
credence, which our principles and practices 
call for. 

They are not to wonder, if they keep no fekh, 
that they have none from others ; and let them 
say what they will, that tbey do not own any 
such things as we charge opon them, and are 
like to go bard with them ; for we can shew 
them out of their own writings and councils, 
that they do justify the power of the Pope in 



MS] STATE TRIALS, 50 Ch akles If. 1 676 — Trial of Ireland, Picketing, [ IM 



excommuoidating letup* in tfcposimrthem for 
heresy, and absolving their subjects from their 
allegiance. And the claim of authority both of 
' Pope and council, is the surest foundation they 
build upon. 

I have said so much the more in this matter, 
because their actions are so very plain and 
open, and yet so pernicious; and it is a very 
great providence, that we, and our religion, are 
delivered from blood and oppression. I believe 
our religion would have stood, notwithstanding 
their attempts, and I would have them to know 
we are not afraid of them ; nay, I think we 
should have maintained it, by destroying 
of them. We should have been all in blood, it 
is true^ but the greatest effusion would have 
been on their bide ; mid without it, how did 
they hope it should have been done? There are 
honest (gentlemen, I believe hundreds, of that 
comm union, who could uot be openly won upon 
to engage in such a design. They will not tell 
them that the 'king shall be killed ; but they 
will. insinuate unto them, that he is but one 
man, and if be should die, it were fit they were 
in readiness to promote the Catholic religion ; 
and when it conies to that, they know what to 
do. When they have got them to give money 
to provide arms, and be in readiness on their 
specious pretence, then the Jesuits will quickly 
find them work. One blow shall put them to 
exercise their arms; and- when they have killed 
the king, the Catholic cause mast benniuitained. 
But they have done themselves the mischief, 
and have brought . misery upon their whole 
party, whom they have ensnared into the de- 
sign, upon other pretences than what was really 
at the bottom. A Popish priest is a certain se- 
ducer, and nothing satisfies him ; not the 
blood of kings, if it standi in the way of his am- 
v bition. And I hope they have not only unde- 
ceived some Protestants, whose charity might 
incline them to think them not so bad as they 
are ; but I believe obey have shaken their re- 
ligion in their own party here, who will be 

, ashamed in time that such actions should be 
put upon the score of religion. 

I return now to the fact, which is proved by 
two witnesses, and by the concurrent evidence 
of the Utter and the maid ; and the matter is as 
plain and notorious as can be, That there was 
an intention of bringing in popery by a crael 
and bloody way; for I believe (hey could never 
have prayed us imo their religion* I leave it 
therefore to you to consider, whether you have 
not as much evidence from these two men, as 
can be expected in a case of this nature; and 
whether Mr. Gates be not ratter justified by 
the testimony offered against him, than discre- 
dited. Let prudence and conscience direct 
your verdict, and you will be too hard for their 
art and cunning. * 

Gentlemen, If you think yon shall be long, 
we will adjouru the Court till the afternoon, and 

> takeyour verdict then. 

Jury. No, my lord, we shall not be long. 

# 

Then an Officer was sworn to keep the Jury 



safis, according, to law, and. they withdraw to- 

consider of their Verdict. 

After a very short recess, the jury returned,, 
and the Clerk of the crown spake to them 
thus : 

CL of Cr. Gentlemen, answer to your names. ■ 
Sir William Roberts. 

Sir W. Robert*. Here. And so of 4 he rest. 

CL of Cr. Gentlemen, Are you all agreed in 
your verdict ? 

Omnes. Yes. 

CI. of Cr. Who shall say for you ? 

Omuet. The foreman. 

CI. ofCr. Set William Ireland to the bar- 
William Ireland, hold up thy Rand. Look upon 
the, prisoner. How say you, is he Guilty or* 
the high- treason whereof he stands indicted, 
or Not Guilty ? 

Foreman. Guilty. 

CL of Cr. What goods aod chattels, lands er 
tenements i 

For em**. Nooe to oar knowledge. 

CL of Cr. Set Thomas Pickering to the bar. 
Tho. Pickering, hokl up thy band. Look upon 
the prisoner. How say you, is he Guilty of tbe 
same high-treason, or Not Guilty ? 

Forema*. Guilty. 

CL of Cr. What goods or chattels, leads or 
tenements ? 

Foreman. None to our knowledge. 

CL of Cr. Set J»»hn Grove to the bar. John 
Grove, hold up thy, hand. Look upon I ho 
prisoner. How say you, is lie Guilty of tbe 
same high- treason, or Not Guilty ? 

Foreman. Guiity. 

CL ofCr. What goods er chattels, lands or 
tenements ? 

Foreman. None to our knowledge. 

CL ofCr. Hearken to your verdict, as the 
Court hath recorded it. You say that William 
Ireland is Guilty of the high-treason % whereof 
he stands indicted. You say that Thomas: 
Pickering is Guilty of the same high-treason. 
You say that John Grove is Guiky of the earns* 
high-treason. And lor them you havo found 
Guilty, you say, That they, nor any oi them, 
had any goods or chattels, lands or tenements, 
at the time of the high-treason committed, er 
at any cime since, to your knowledge. And so 
you say ail. 

OjKJMf. Yes. 

L. C. J. You have done, gentlemen, liks> 
very good subjects, and very good Christians, 
that is to say, like very good Protestants s 
aod now much good may their thirty thousand 
Mosses do them. 

Then the Court adjourned by Proclatnatiom 
till four in the afternoon. 

In the afternoon the same day. 

About five of the clock Mr. Recorder and a 
sufficient number of the justices returned into 
the Court, the judges being departed home ? 
and Proclamation was made for attendance, as 
in the morning. 

Then the Clerk of the Crown catted for the 



1K\ STATE TRIALS 3d Cimali* U. 1 67a.-naed Qroite* fim High Itooio*. [!»: 



ptisoaen convicts* of tjis^trsftswa, eadtsok* 
to eacb of them thus: 

CltfCr. Set Wiltiam Ireland to the bar. 
WUhaa Inland, hold up thy hand. Thou 
sttsdest convicted of high-treason ; what const 
tho* say for thyself, why the Court should not 
give thee judgment to die according to law ? 

Ireland. My lord,. I represented all along 
foe* the beginning, that we had not time co 
call in oar witnesses to justify our innocence. 

Recorder. If you have aoy thing to say in 
stay of judgment, you have all free liberty to 
say it- 

Ireiamd. We had no time allowed us to 
bring in ear witnesses, so that we could have 
■one, hot only those that came in by chance ; 
and those things they have declared, though 
tree, were m»t4>eheved. 

Recorder. Thee© things, Mr. Ireland, yon 
did not object before the jury gave their ver- 
dict ; now thee have given their verdict, and 
freed yen Guilty, if you have any thing to 
say to the Court why they should not proceed 
to judgment according to that verdict, yoo may 
speak it ; but fur these things it is too late. 

Ireind. My lord, I only have this to say, I 
desife mere tirae to be heard again, and to 
cail in my witnesses. 

Jtaarefcr. Call the Eiecutioner to do his 



brland. There are testimonies, my lord, 
that I could produce of my loyalty, and my 
wessons fidelity to the king. 

Recorder. I believe, Mr. Ireland, it will be 
a shame to ail your relations that have been 
loyal to the king, that you should be privy to 
the sawder of that good king whom your rela- 
tions so well served ; and therefore if that be 
all that yoa have to say, it' will signify nothing. 

The Eiecutioner not appearing, the sheriff 
of Middlesex was called to come into Court, 
aad give attendance, upon pain of 40/. Dut the 
Eseoouoner coming in, was, with a reproof 
from the Recorder for his negligence, cotn- 
assjseed to tie him up, which he did. 

CI. efCr. Set Thomas Pickering to the bar. 
Thomas Pickering, hold up thy band. Thou 
art in the sasse case with the prisoner last 
before thee ; what canst thou say for thyself 
why the Coon shoald not give thee judgment 
to die according to law ? 

Recorder. What does he say for himself? 

Opt. Mieketrdson. He has nothing to say. 

JUcerifer. Then tie him op. 

CL ef Cr. Set John Grove to the bar. John 
Grove, bold up thy hand. Thou art in the 
same esse with the prisoner last before thee, 
what canst thou say r»r thyself, why the Court 
shoald not give thee judgment to die according 
to law ? 

Grow. I am as innocent as the child un- 
born. 

■CL afCr* Tie him qp— Which was done. 

€7. ofCr. Criers en both sides, make Pro- 
clamations. 

Criers. O yes ! AH manner of persons are 
eaamanded to koep-suonee whilst judgment is 



giving,' upon pain ef hnprisoojnent :. peace 
about the Conic 

Recorder. Where is the keener t Shew am 
the prisoner*, William Ireland, Thomas Pick* 
ering, and John Grove. 

Capt. Rithardw*. Those are the three. 

Reeorden. Yoo, the prisoners at the bar, 
you have been arraigned for a very great 
offence, the greatest that can he committed 
against any authority upon earth, for high- 
treasoa against your king, with all the aggra* 
votions that possibly can attend so great a 
crime as that is ; for yoa did not only strike at 
the life of the best of kings, hut you intended 
the subversion of i he best of religions. What- 
ever yoo may apprehend, yet all men that will 
lay their hopes -of salvation upon any thine thai 
is fit for a man to lay his hopes upon, which is 
upun the merits of a crucified Saviour, and not 
upon your Masses, tricks or trumperies, do 
abhor the thoughts of promoting their religion : 
by massacring kings, and murdering their sub- 
jects. And though we whom you call Here- 
tics, abhor to own any such religion ; yet we 
are not afraid to tell you, aad all others who 
are ensnared into your principles, we will main- 
tain the religion and the government as it is 
established, with our lives and fortunes. And 
it is fit that it should be known, that we who 
live under the government of so mild and pious 
n prince, and in a country where so good, so 
moderate a religion is established by few, will 
not be affrighted by all your murders, conspi- 
racies and designs, from declaring, that they 
who dare kill kings, and massaore their sub- 
jects, are the highest violators, not only of the 
laws of the land, but of that great law which 
all good Christians and Protestants think them* 
selves obliged to pay great reverence and obe- 
dience to, I mean ' the law of God Almighty 
himself. 

Thus I speak to you, gentlemen, not vannt- 
ingly, it is against my nature to insult upon 
persons in your sad condition ; God forgive ' 
you for what yon hare done, and 1 do hear- 
tily beg it, though you do not desire I should; 
for, poor men, you may believe that your in- 
terest in the world to ooine is secured to you 
by your Masses, but do not well consider that 
vast eternity yoa must ere long enter into, and 
that great tribunal you must appear before, 
where his Masses (speaking to Pickering) will 
not signify so many groats to him, no not one 
farthing. A-nd I must say it for the sake of 
those silly people whom you have imposed 
upon with such fallacies, that the Masses can 
no more save thee from a future damnation, 
than they do from a present condemnation. 

I do not speak this to you, as intending thereby 
to inveigh against all persons that profess the 
Romish religion ; for there are many that arc 
of that persuasion, that do abhor those hate 
principles of murdering kings and subverting 
governments. There are many honest gentle- 
men ia England, I dare say, of that commu- 
nion, whom none of the most impudent jesoks 
durst undertake to tempt into such designs; 



** 



139] STATE TRIALS, 30 Charles II. 

these are only to be imposed upon silly men, 
not upon men of conscience and understanding, j 
And I pray God, as was said lately by a learned 
gentleman whom we all know, that all Protes- 
tants may be as safe from the force of your dag- 
gers, as they are from tho*e of your argument* ; 
for I dare say, that you could sooner murder 
any man that understands the Protestant re- 
ligion, than to persuade him to such villanies. 
And among those many things which prevailed 
with the honest gentlemen of the jury to con- 
vict you of this horrid crime, they could not 
hut take uotice, that you (speaking to Ireland) 
that do pretend to learning, did send into fo- 
reign parts that your fellow Jesuits should take 
care publicly to preach, That the oaths of al- 
legiance and supremacy, by which the common 
justice of jhe nation is preserved, signified no- 
thing ; which is a strong evidence of your de- 
sign, not only to murder the king, but subvert 
the government ; for surely the most probable 
way to do that, is to asperse those oaths by 
which all protestant subjects, those whom you 
call heretics, lie under an obligation of obe- 
dience to their prince. And I think it not 
unfit to tell you, that you had a great favour 
showed to you to be tried only for the matter* 
contained in this Indictment j for you that are 
priests must know, that there is a law in the 
land, that would have hunged you for your very 
residence here; for if any subject born in Eng- 
land shall take orders from the see of Rome, 
and afterwards come into England, and re- 
main there 40 days, such, for that offence alone, 
are made traitors by act of parliament. But 
you are so far from being under any awe of 
thai law or submission to ir, that you dare not 
only come to live here in despite thereof, but 
endf avour what you can to overthrow both it, 
and the government itself. You dare conspire 
to mnrder the king ; nay not only so, but you 
dare make your consults thereof public. You 
dare write your names to those consults. 
You dare solicit all your party to do the like, 
and make all the ties of religion and conscience 
(.that to considering Christians are obligations to 
piety and charity) as engagements either to 
act your villanies, or to conceal them. We 
think no power can dispense with us, whom 

Su call heretics, to falsify our oaths, much 
a to break our covenant with God in the 
Holy Sacrament Bot you, instead of making 
that a tie and obligation to engage you to the 
remembrance of our Saviour, make it a snare 
and a gin to oblige your proselytes to the as- 
sassinating kings, and murdering their subjects. 
I am sorry with all my soul, that men who 
have had their education here, and the benefit 
of the good examples of others; should not 
only be led into such mischievous principles 
themselves, but to be of that confidence in their 
persuasion, as to dare to debauch others also. 
I am sorry also to bear a layman should with 
so much malice declare, That a ballet, if round 
nod smooth, was not safe enough for him to 
execute bis villanies by ; but he must be sure, 
sot onlj to set bis poisonous invention on work 



U>U.— Trial <tf Ireland, Pickering, [Uo ; 

about it, but ha must add thereto his poisonous , 
teeth ; for fear if the bullet was smooth, it , 
might light in some part where the wound might 
be cured. But such is the lieigbt of some' ! 
mens malice, that they will put all the venom ' 
and malice they can into their actions. 1 ant 
sure this was so horrid a design, that nothing 
but a conclave of devils in hell, or a college of ! 
such Jesuits as yours on earth, could have ' 
thought opon. 

This 1 remember to you-for the sake of tbem ' 
that are to live, and tor the charity I have for ' 
you who are to die : For the sake of them that ' 
are to live ; for I hope when they hear, that 
men of your persuasion dare commit those ' 
outrageous crimes, and justify them by a prut- ' ' 
ciple of religion, they will not easily be seduced ' 
into your opinion : And out of charity to you 
that are to die, to persuade you to hearty re- 
pentance ; for otherwise, I must tell you, thy 
1,600/. (speaking to Grove) i»»r thy 30,000 
Masses (speaking to Pickering) will avail but 
little. And I thought fit to say this also, that 
it may be known that you have had the full 
benefit of the laws established in England, and 
those the best of laws ; for such is not the 
law of other nations : For if any protestant in 
any place where the Romish religion is profest, 
had been but thought guilty of such crimes, lie 
had never come to the formality and justice 
of an arraignment, and to be tried by his peers, 
permitted to make his defence, and hear what 
could be said against him ; but be had been 
hanged immediately, or perhaps suffered a 
worse death. But you are not only beholden 
to the happy constitution of our laws, but to 
the more happy constitution of our religion. 
For such are the admirable documents of 
that religion we in England profess, that we 
dare not requite massacre for massacre, blood 
for blood. We disown and abhor all stabbing ; 
and we are so far from reckoning that be shall 
be a saint in Heaven for assassinating a prince, 
and be prayed to in another world, that the 
Protestant is required to believe, that such as 
begin with murder, must end with damnation, 
if our blessed Lord and Saviour do not ioter- 
pose ; nothing that man can do, Papist or 
Protestant, can save any man in such a case. 
We dare not say that our religion will permit 
us to murder dissenter»,mucb less to assassinate 
our king. 

And having thus said, let me onc« more as a 
Christian, in the name of the great God of 
Heaven, beg of you for your own tools sake, 
be not satisfied or over-persuaded with any 
doctrine that you have preached to others, oti 
imbibed from others ; but believe, that no one 
can contrive the death of the king, or the over- 
throw of the government, but the great God o 
Heaven and earth will have an account of it 
And all pardons, absolutions, and the dispen 
saoons that you who are priests can give to you 
lay-brother,, or that any of your superiors ma 
give to yoo, will not serve the turn. 

I know not, but as I said, you may think 
speak this to insult, I take the great God < 



1413 STATS TRIALS, SO Chasles II. 1678.— <wuf Grove, far High Treason, [ldfl 



Bcncfto witness that I speak it with charity 
to year souks, and with great sorrow and grief 
in my own heart, to see men that might have 
made themselves happy, draw upon themselves 
so great a rata. But since yon have been so 
nurfy heard, so fairly tried and convicted, there 
is hot little more to be said ; for f must tell you, 
because it may not be thought that you had 
not free liberty to make your full defence, 
though that gentleman (speaking to Ireland) 
seemed to be surprized, he had a kind sister, 
that took care to bring hb witnesses ; I am so 
far from blaming her for it, that I do com- 
mend her, it was the effect of bergood nature, 
and des t ims commendation ; but speak to this 
parpose, to shew that there was no surprize 
upon him, nor his Hie taken away by any 
neb thing ; for be had a greater favour shewed 
id him than is usually shewn to such of- 



Aad having thus said to you myself, we do 
also require him whose duty it is to attend in 
such cases, nay, I do command him in the name 
at* the court, that he attend upon you to give 
yon all the comfortable assistance that he can 
for the advantage of your future state : Aud 
not only so, but we will certainly take care* 
that if yon will have any others come to you 
they shall. I would not be mistaken, I do 
not mean any of your priests and Jesuits ; but 
ifyoa will have the assistance of any Protestant 
divines, they shall not be dented you. And I 
tape God Almighty will please to give you par- 
son in another world, though you have offended 
beyond hopes of any in this. I once more 
a*ore you, all I have said is in perfect charity. 
1 pray God forgive yon for what you have done. 
And so there remains now only for me to pro- 
nounce that sentence which by the law of the 
land the court is required to do against persons 
convicted of that offence which you are con- 
victed of. 

This const doth therefore award, " That you, 
the prisoners at tlie bar, be conveyed from 
hence to the place from whence you came, and 
from thence that yon be drawn to the place of 
execution upon hurdles, that there you be se 
verattj hanged by the neck, that you be cut 
•own alive, that your privy members be cut 
of, and jroer bowels taken out, and burnt in 
fsar view, that your heads be severed from 
year bodies, that your bodies be divided into 
aasxtm, and those quarters be disposed of at 
the king's pleasure: And the God of infinite 
mercy be merciful to your souls." 

Then the prisoners were conveyed back to 
the Gaol by the keener of the Gaol, accord- 
ing to custom ; and tne commission was called 
aver, and the prisoners taken order for accord- 
ing to law. And the court adjourned by pro- 
clamation than : 
CLvfCr. Crier, make proclamation. 
Crier. O Yes, G Yes, O Yes ! All manner 
af persons that have any thing more to do at 
las general sessions of the peace holden for 
the city of London, may depart hence for this 
one, and give their attanjiance at the Guild- 



hall, London, on Friday the 10th day of J a* 
nuary next, at seven of the clock in the morn- 
ing. And all manner of persons at this ses- 
sions of Oyer and Terminer, and gaol-dettvercy 
of Newgate, holden for the city of London and 
county of Middlesex, may depart hence for 
this time, and give their attendance here again 
on Wednesday, the 15ih day of January, at 
seven of the dock in the morning. God says 
the king. 
And then the court broke up. 



On Friday the 94th of January following, 
William Ireland and John Grove were drawn 
from Newgate on a hurdle to Tyburn, where 
they were executed according to their sentence. 

Mr. Ireland made this following Speech i 
<' We come hither, as on tbe list theatre of 
the world, and do therefore conceive we are 
obliged to speak. First then, we do confess, 
that we pardon all and every one whatsoever, 
that have any interest, concern, or hand in onr 
death. Secondly, we do publicly.profess and ac- 
knowledge, that we are here obliged, if we were 
guilty ourselves of any treason, to declare it ; 
and that, if we knew any person faulty therein 
(although he were our father) we would detect 
and discover him ; and as for ourselves, we 
would beg a thousand and a thousand pardons, 
both of God and man : But seeing we oannot 
be believed, we must beg leave to commit our- 
selves to the mercy of Almighty God^and nope to 
find pardon of him through Christ. As for my 
own part, having been twenty years in the Low 
Countries, and * then .coming over in June 
was twelvemonth, I had returned again, had 
not I been hindered by a fit of sicknett*. On 
the 3d of August last I took a journey into* 
Staffordshire, and did not come back to town 
before the 14th of September, as many can.. 
witness : for a hundred and more saw me in 
Staffordshire ; therefore, bow I should in this 
time be acting here treasonable stratagems, I 
do not well know or understand.** 

Here Mr. Sheriff advertised tbe prisoner, he 
would do well to make better. use of his time, 
than to spend it in such-like espressions, for 
nobody would believe htm ; not that they 
thought much of their time, for they would 
stay ; but such) kind of words did arraign the 
proceedings of the court, by which they were 
tried. - 

Wherefore Mr. Ireland coadnded, and said; 
" I do here beg of God Almighty to shower 
down a thousand and a thousand blessings upon 
his majesty, on her sacred majesty, on the duke 
of York, and all tbe royal family, and also on 
tbe whole kingdom. As for those catholics that 
are here, we desire their prayers for a happy 
passage into a better world, and that he wonld 
be merciful to all christian souls. And as for 
all our enemies, we earaesrv desire that God 
would pardon them again and again, for we 
pardon them heartily, from die bottom of one: 
hearts ; and so I beseech all goad people t*> 
pray for us and with us." 



143] STATE TRIALS, 30 Charles II. 1 076.— Trial # Lord Corntxtlli*, [144 
Then Mr. Groves said ; , I 

n We are innocent ; we lose our lives wrong- 



it a matter of great weight, I shall » tberefote 
consider of it, and return you an answer*" 



Fully ; we pray to God to forgive them that are 
the causers of it." 

The execution of Thomas Pickering was respi- 
ted for to long a time, that it occasioned an 
Address of the Hou^e of Commons, April 37, 
1679? " That his mnjesty would be pleased to 
order the execution of one Pickering a pri- 
soner in Newgate, and of divers priests and 
Jesuits, who had hcen condemned by the 
judges at the Old Bailey and in the several 
circuits, but; did remain 119 yet unexecuted, 
to the great emboldening of such offenders, in 
case they should escape without due punish- 1 
blent." To which the king returned this an- 
swer.: u Gentlemen, I have always been ten- 
der in matters of blood, which my subjects 
have no reason to take exceptions at ; But this 



May 35, the king sent a message to the 
House, by Lord Russel, to let them know, tlrat 
he would comply with their request concerning 
Pickering, and that the law should pass upou 
him. 

lie was accordingly executed in pursuance 
of his sentence. Arriving at the place of exe- 
eution, he appeared to the spectators (after a 
manner very unusual to persons in his condition) 
with a countenance not only calm, aweer, and 
serene, but even chearful, smiling, and pleased; 
solemnly protesting upon his sal vntiott, he was 
innocent in thought, -word, and- deed, of all 
that was laid to his charge. Then heartily pray- 
ing for his accusers and enemies, he said to 
the hangman ' Friend, do thy office ;' and soon 
after left the world. 



S46. The- Trial of the Lord Corn wallis, before the Lords* at West* 
minster, for the Murder of Robert Clerk: 30 Charles II. 
a.d. I678.f 



AFTER my 'Lord High Steward (lord Finch 
, afterwards earl of Nottingham) was ascended 
to the High Chair of State, and sat down there- 
in) -the commission was delivered by the clerk 



■ »— ■ 



* This was a Trial in the Court of the Lord 
High Steward, as to which, and the distinction 
between it and the High Court of Parliament, 
or as Mr. Justice Foster stiles it, " The Court 
.•of our Lord the King in Parliament," see the 
Case of Lord Delamere, a.d. 1686, tn/r*; 
and of Earl Ferrers, a.d. 1760, infra; and 
Foster's Crown Law, 138. See also 4 Hat*-' 
♦ell's Precedents, IDT. 877, and the Appendix, 
No.*. 

f This Case is thus reported in Jones's Rep. 
54 : " The lord C. having been indicted for 
the murder of Robert Clerk mentioned in the 
nest preceding x The king for his trial con- 
stituted Heiieuge lord Finch, then High Chan- 
cellor of England, to be Lord High Steward, 
Aec vict tMntwk. The trial was upon the 30th 
day of June after Trinity Term, in the 28th 
year of the king. The proceedings were such 
as are described by lord Coke in his Book of 
Pleas of the Crown, chap. Treason, of the Trial 
of Peers; as to the Summons of the peers triers, 
the Certiorari to the Lord Chief Justice for the 
•indictment, and precept to ihe constable of the 
Tower of London, and other formalities there 
mentioned. The steward was attended from 
iris house on the day of. the trial quite to West- 
minster, by the judges in their coaches. Sir 
fidward .Walker, tiien garter king at arms, go- 
ing before him in his coat with the Serjeants at 
•ems: when he was at the great door of the 
hall he tarried till the judges were alighted out 
-of their coaches, and then the chief justices 
first, and the rest according to their seniority I 



of the crown in the Chancery, on his knee*, to 
my lord, who delivered it to sir Thomas Fan- 
shew, clerk of the crown in the King's* Bench 
office, and be received it kneeling. Then pro* 

passed by him, and advanced into the court, 
which was a large tribunal erected for this pur- 
' pose (the whole structure extended almost from . 
the SUirs leading to the courts of King's-bench 
and Chancery to the court of Common Pleas, 
but the court itself was not so large by much.) 
The cloth of state was placed aloft in the mid- ' 
die of both sides of it, but a little behind were 
built two small boxes ; on the right were the 
king, the queen, the duke and duchess ; the 
others were filled with persons of honour. The 
peers triers were seated on both sides the chair 
I of state, but at the distance of about five paces 
from it, and a step lower on benches covered 
with green cloth, with which the whole court 
was likewise covered. At the peers feet. sat the 
judges, some on one side and some on the other, 
their seats being of the same height with the 
floor of the court. In the middle was a piece 
cut for the clerk of the orown of the KittgV 
bench, and for his deputy, in the lower part. 
The king's council, viz. his senior Serjeant, at- 
torney and solicitor were placed. The pri- 
soner was at the bar behind thetn, but raised 
about six feet, and directly over against the 
chair of state. 

" After the court was thus disposed, Cher- 
noke, serjeant at arms, made proclamation 
three times, and command was made that all 
persons, except the lords the triers, and other 
peers of the realm, and the privy counsellor* 
and the judges, should he uncovered. Then 
the clerk of the crown read the indictment, 
and arraigned the prisoner, who pleaded Not 

4 



144] 



STATTE TUALS, IOCaAM.MiL mi—Jbr Murdtr. 



[146 



marie by the Serjeant at Anns, 
who was Crier for the day. 




Gadty, and pot himself upon bis peeia, who 
were chirtv-six, the greatest part of them of 
the most eobte, of the greatest estate, and the 
wisest of the realm. Before any evidence was 
given, the Lord Steward made an elegant 
apeech to the triers, and exhorted the prisoner 
n> beef good courage, and without rear, and 
Iv sanvann all the faculties of his soul to his 
aarijtnnrr Then the evidence was first opened 
by the solicitor general, seconded by the attor- 
ney, aud concluded by Serjeant Maynerd, the 
ail the while behaving himself with 
, m od est y and prudence. After the 
ras> concluded, the lords went to coit- 
coasuk together, in the Court of 
Wards, as I belie**, and during their absence 
biscuit and wine were distributed in the court. 
After two hoars or more, the lords retornejj, 
and the Lord Treasurer, in the name of his 
fellows, prayed the advice of the Lord Steward 
wad the Judges on this point, Whether a per- 
son's presence at and abetting of a man- 
aaueater, committed by another, made him 
guAr, as it was in the case of murder. To 
staicn the Judge* speaking, ? iz. those of the 
same aide for themselves, and not altogether, 
all agreed that the law was the same in case 
af avanslnughfer as of murder. Then the lords 
went back, and in half an boar returned to 
give their verdict. And being seated in their 
places the Lord Steward spoke first to the 
Tainrrat h>rd in -this manner, My lord A. is my 
lord C. Guilty or not? and so to every one, 
■■mining from the voungest to the first, and 
aaah answrird in hk order, Guilty or Not 
•3e3ty open my honour. And six of them pro- 
n eawced him Guilty of Manslaughter, and the 
fast Hot Guilty. This being recorded, the 
loin toward broke the white rod (which was 
held befure him daring the whole trial) over 
via head, and then the court broke up. 

M B. G. having been indicted for the same 
saarder of Robert Clerk, with the said lord 
C. surrendered himself in Michaelmas Term, 
•B C. 8. and being brought to the KingV 
bench bar the same term, and arraigned, plead- 
ed the king's pardon, which was read, he being 
oa has knees. Then Twisden, justice, observ- 
ed, that the pardon did not recite the mdict- 
aad that he remembered it had been 
I, whether a pardon after indict- 
it mentioning it, should be allowed, 
thought the pardon in this case was well 
_ t, lor it had these words, ' sive 9 (the pri- 
r) * fait uufactat' sive non.' Note this par- 
don wee per verba of ' feionicnm interfectionem 
• eaaaxaaq/ with a * Non obstante the statute 
' of R. 8/ &e. and was allowed by all the 
court, and the prisoner, after grave advice 
tiven him by the Lord Chief Justice and Twis- 
sen, discharged, and afterwards according to 
Be cBSfom he presented gloves to all the 

yql. m. 



Serjeant. Oyes, O yes, O yes! My Lord 
High Steward of England strictly chargeth and 
oomtaandeth alt manner of persons here pre- 
sent, upon pain of imprisonment, to keep 
silence, and give ear to his majesty's commis- 
sion. To my Lord High Steward of England, 
to bis grace directed. 

The clerk of the crown, with his face to my 
Lord High Steward, reads it thus: 

Clerk of the Crown. Charles Rei Carotos 
Secundum, &c. 

All which time my lord and the peers stood, 
op bare. 

Serjeant. God save the king. 

CI. Cr. Make proclamation. 

Serjeant. O yes! The king, at arms, and the 
usher of the black rod, on their knees, deliver 
the white staff to my lord, who re-delivered it 
to the usher of the black rod, who held it up 
all the time before him. 

CI. Cr. Make proclamation. 

Serjeant. O yes! My Lord High Steward of 
England strictly chargeth and commanded! all 
justices and commissioners, and all and every 
person and persons to whom any writ or pre* 
cept hath been directed for the certifying of 
any indictment, or of any other record before 
my Lord High Steward of England, to certify 
and bring the same immediately, according to 
the tenor of the said writs and precepts onto 
them, or any of them directed, on pain and 
peril as shall rail thereon. 

The lord chief justice of the KiogVBeoch 
returned his Certiorari, and the record of the 
Indictment by the grand jury of Middlesex, 
which was read by toe clerk of the crown in 
hoc verba. 

CI. Cr. Virtote, &c. 

L. H. Stew. Call the constable of the Tower 
to return his precept and bring forth his 
prisoner. 

CI. Or. Make proclamation. 

Serjeant. Oyes! Constable of the Tower o£ 
Loudon, return the precept to thee directed, 
and bring forth the prisoner Charles lord Corn- 
waliis, on pain and peril as will fell thereon. 

The lord lieutenant of the Tower brought in 
the prisoner, on his left-hand, with the ax be- 
fore him, borne by the deputy-lieutenant, which 
he held with the edge from him, and returned 
his precept in hoc verba. 

til. Cr. Virtote, ore. 

L. H. Stew. Call the Serjeant at Arms to 
return his precept. 

CI. Cr. Make proclamation. 

Serjeant. O yes! Roger Harfnet, esq. Ser- 
jeant at Arms to oar sovereign lord the king, 
return the precept to thee directed, with the 
names of all the lords and noblemen of thia 
realm, peers of Charles lord Cornwall**, by 
thee summoned, to be here this day, on pain 
and peril as will fall thereon. 

He delivered his precept returned with a 
schedule annexed thus: 

Ci. Cr. Virtute,&c. Make proclamation. 

Serjeant. O yes ! All marquisses, earls, vis- 
counts, and barons of this realm of England, 



147] STATE TRIALS, 50 Craklis II. 1678.— Trial qf Lord Cornwallis, [148 



peers of Charles lord Cornwallis, which by 
commandment of tbe Lord High Steward of 
England are summoned to appear this day, 
and to be present in Court, answer to your 
names, as you are called, every one upon pain 
and peril as will fall thereon. 

Then the Pannel was called over; tbe num- 
ber of peers summoned were 35, in order as 
followeth : 

Thomas Earl of Danby, Lord High Trea- 
surer of England, &c. 

All that appeared, answered to the call, 
standing up hare. 

Then my Lord High Steward made a speech 
to the prisoner at tbe bar thus : 

Lord High Steward. " My lord Cornwall is, 
The violation of the king's peace, in tbe chief 
sanctuary of it, his own royal palace,* and in 
so high a manner as by the deatb of one of bis 
subjects, is a matter that must be accounted 
for. And that it may be so, it hath pleased 
the king to command this high and honourable 
court to assemble, in order to a strict and im- 
partial enquiry. 

" The wisdom of the law bath therefore 
styled it tbe king's peace, because it is his au- 
thority that commands it, it is his justice that 
secures it, it is he on whom men do rely for tbe 
safety of their liberties and their lives; in him 
tfaey trust that a severe account shall be taken 
of all the violences and injuries that are offered 
to them, apd they that trust in the king can 
never be deceived. 

*f It is your lordship's great anbappiness at 
this time to stand prisoner at the bar, under 
the weight of no less a charge than an Indict- 
ment of murder; and it is not to be wondered 
at, if so great a misfortune as this be attended 
with some kind of confusion of face ; when a 
nan sees himself become a spectacle of misery 
in so great a presence, and before so noble and 
so illustrious an assembly. But be not yet 
dismayed, my lord, for all this ; let not the fears 
and terrors of justice so amaie and surprize 
you t as to betray those succours that your rea- 
son would afford you, or to disarm you of those 
helps which good discretion may administer, 
and which are now extremely necessary. 

" It is indeed a dreadful thing to fall into the 
hands of justice, where the law is the rule, and 
a severe and inflexible measure both of life and 
death. But yet it ought to be some comfort to 
your lordshipy that you are now to be tried by 
my lords your peers; and that now you see the 
scales of justice are held by such noble hands, 
you may be confident they will put into them 
all the grains of allowance, either justice or 
honour will bear. 

u Hearken therefore to your indictment with 
quietness aod attention ; observe what the wit- 

* As to striking in the palace, &c. See the 
Cases of sir Edmund Knevet, ante, vol. 1, p 
443, of the earl of Devonshire, a. ». 1687 ; 
and of lord Thanet and Mr. Ferguson, a. d, 
1797, pott. See also East's Pleas of the Crown, 
•C. V| sect. •>• 



oesses say against you without interruption, 
and reserve what you have to say for yourself,' 
till it shall come to your turn to make your de- 
fence, of which I shall be sure to give yon no- 
tice; and when the time comes, assure your- 
self you shall be heard, not only with patience, 
but witb candour too. 

" And then what judgment soever raj lords 
will give vou, yourself will (and alf the world) 
be forced to acknowledge the justice and 
equity of their judgment, and the righteousness 
of all their lordships proceedings/' 

Read the Indictment. 

CI. Cr. Charles Lord Cornwallis, Thou 
standest indicted in the County of Middlesex > 
by the name of, &c. How sayest thou, Charles 
lord Cornwallis, Art thou guilty of this felony 
and murder whereof thou standest indicted, or 
Not guilty? 

Lord Corn. Not guilty. 

CI. Cr. How wile thou be tried ? 

Ld. Corn. By God and my peers. 

Then my Lord High Steward addressed him- 
self to the Lords thus : 

L. H. Stew. " My Lords, Your lordships 
have here a member before you of your noble 
body, exposed to the shame of a public arraign- 
ment, and (which to a man of honour is much 
less) to the hazard both of his life and estate. 
All that he hath, and ever hopes to have, bis> 
wealth, his fame, his posterity : all that is va- 
luable to him in this world, entirely depends 
on your lordships judicature, who are now 
his peers, and on whom he doth freely pot 
himself. 

" My Lords, the privilege of this kind of 
trial and judicature, is a part of tbe true great- 
ness of the English nobility: It is an eminent 
and an illustrious privilege. It is a solid poisst 
of honour and dignity. It is a privilege that 
no neighbour nation ever had, and a privi- 
lege this nation never was without. 

" It is not a privilege created by the great 
Charter, hut confessed and acknowledged bv 
it. They look but a little way that find this 
in the steps of the Norman conquest ; for it isj 
to be found even in the footsteps of the Savon 
Monarchy, when Godwin earl of Kent waa 
tried by earls and barons. And it is no improbav- 
ble conjecture of theirs, who do think tbe wis- 
dom of this Constitution was taken from that 
law amongst the Romans, whereby it was 
made unlawful for any mats to sit upoo a so 
nator, that was not himself of tbe same order ; 
a privilege, that (as learned civilians tell utf 
continued with them during the reign of main 
of the Roman emperors. But, my Lords, a< 
this is a privilege as ancient as Monarchy, sk 
we have found by many old experiences, thai 
it cannot be taken away without the dissolu- 
tion of -that government: Therefore this is oni 
of those many ties by which the interest o 
nobility, as well as their duty, have obliged then 
to the service of tbe kine. 

" In the exercise of this privilege at thi 
time; I know your lordships will weigh tlv 



U»] 



3TATg TA1AJJ5, soChamasIL Wit.— ft* Murder. 



[1*0 



fact with ail the arcanutances, whereby it ii 
to receive its true and its proper doom. " Your 
lordships are too just lo let pity make an abate- 
ipent tor the crime, and too wise to let rheto- 
ric make any improvement of it: This only 
will be necessary to be observed by all your 
lordships, that the fouler the crime is, the clearer 
tod the plainer ought the proof of it to be. There 
is no other good reason can be given,* why 
the law refoseth to allow the prisoner at the 
bar counsel in matter of met, when his life is 
concerned, but only this, because the evidence 
by which he is condemned ought to be so very 
evident and so plain, that all the counsel in the 
world should not be able to answer upon it : 
Upon this ground it is, that the law hath trusted 
your lordships with the trial of your fellow 
peers; no trust can be more nobly lodged, nor 
bo judicature had ever more true submission 
ande to it : therefore it would be in me some 
want of respect to this august and noble as- 
sembly, should I go about to put your lord- 
ships in miud of your duty : no doubt yon will 
observe the eridencw -carefully, weiph it dili- 

Sitly, and when that is done, it is impossible 
t the judgment you will give must be right 
and honourable and worthy of so wise and 
so great a body. Therefore I will not de- 
tain your lordships any longer from hearing 
the evidence that is ready to be offered unto 

CLefCr. Make Proclamation. 

Say. O yes 1 If any will give evidence for 
oar sovereign lord the king, against Charles 
lord Cornwallis, prisoner at the bar, let him 
come forth and he shall be heard ; for the pri- 
soner stands at the bar upon his deliverance. 

The Indictment was again read to the peers. 

Serjeant Maynard. May it please your 
grace, my Lord High Steward of England, and 
this peat and noble assembly ; the prisoner at 
the bar, Charles lord Comwallis, standeth in* 
dieted of a great crime, that he, together with 
Charles Garrard and Edward Bourne, not hav- 
ing in his heart the fear of God, but instigated 
by the suggestions of the Devil, the 18th of 
May last, did feloniously and of his malice fore- 
thought, assault one Robert Clerk in White- 
hall, and that Mr. Gerrard took him up in his 
arms, flung him down, and broke his neck, of 
which he instantly died. To this he hath 
pleaded Not Guilty. It lies upon us who are 
counsel for the king, in this case to prosecute 
it, and prove it to you. 

Mr. Attorney General, (sir William Jones), 
Msy it please your grace, my Lord High Stew- 
ard of England, and my Lords summoned for 
the trial of the prisoner at the bar : This noble 
lord stands indicted for murder; an offence, 
my lord, which is the first and greatest that is 
aWbsBoeu by the second table, and an offence 
of that nature, that the law of God hath by a 
most peremptory sentence condemned and de- 

* See 3 Inst. 137, 4 Blackstone's Coram. 
3tf, 350. See too Don Pantaloon Sa's Case, 
sale, vol. £, p. 466, and the Note. 



creed, that whoso sheddeth man's blood by 
man shall his blood be shed. Whether this 
noble lord 'be guilty of it, remains upon your 
lordships to try, and I shall very shortly state 
the matter of fact, which we shall prove, and 
then let the evidence be offered to you. We 
do not pretend, my Lords, neither doth the 
Indictment lay it, that this great offence was 
committed by the band of my lord Com- 
wallis. 

For I know your lordships have observed the 
Indictment, by which it is alledged, that the 
hand of Mr. Gerrard did the fact: but, my 
Lords, if. we shall make it out that my lord 
Comwallis did coucor to this act, and had in 
himself at that time an intent to be a murderer, 
then it will be declared by his grace, my Lord 
High Steward, and my Lords the judges, that 
though his hand did it not, yet he is equally 
guilty as if it had. 

Now, to make out the charge against him! 
our evidence will be shortly thus ; 

On the 18th of May last, early in tlie morn* 
ing, between the hours of one and two, came 
down two gentlemen with three footmen bo- 
hind them, out of the gallery at Whitehall, by 
the stairs that lead down to the park : I can 
them two gentlemen, because it was not then 
discovered who they were, or of what quality ; 
but your lordships will perceive,' by the course 
of the evidence, they were my Lord Corn wains 
and Mr. Gerrard, coming down at that unsea- ~ 
sonable hour. The first question they asked 
the centinel (who watched at the foot of the 
stairs), was the hour of the night; and from him 
bad account that it was so much. 

The prisoner and Mr. Gerrard were some* 
what distempered with drink,* and made him 
a reply that be lyed, with great oaths accom- 
panying it. At that time they did no more 
but go by him into the park, where after 
they had continued by the space of an hour, 
back they returned to the stairs, and the cen- 
tinel demanding, according to bis duty, who 
came there ? they answered him in very ob- 
scene and uncivil language, and threatened tbey 
would kill the centinel, who only did his duty in 
enquiring who came by him at that time of night. 
And we shall make it appear, they wens 
in a kind of contention among themselves who 
should kill him ; for as I am informed, (I know 
if it be not proved, your lordships will observe 
it) one desired, Pray let me kill him; and the 
other desired, Pray let me kill him; and threat- 
ened no less than to ran him through. 

My Lords, the centinel being of good reso- 
lution, was not affrighted from bis place, but 
kept them off; and when they saw they could 
not win upon the centinel that way, one of ibem 
delivered away his sword, which be held in his 

* As for a drunkard, who isvoluntarius demon" 
[or dement] " he hath, as bath been said, no 
privilege thereby ; but what hurt or ill soever 
be doth, hisdruukenness doth aggravate it." Co. 
Iittl. 347, &c. See too, Purchase's Case, a. »• 
17 10, infra. 



Wl ) STATE TRIALS, $0 Champs II. 107S.— Trial e/ Lord, Cornwall*, [I&3 

hand not drawn, and- then was pleased to tome 
to the centinel, and desired to kite him, and 
swore he would do that : hat that the cenCind 
did equally refuse ; and then the? did use the 
same threatnings again and seemed to be in a 
contention who should run him through. My 
Lords, after some time, being now come to the 
top of the stairs, and there staying, it happened 
there came to the stair-foot two youths, and 
these young men were, it seems, going to bed in 
their lodging, which was very near, and did 
make it their request to the centinel (one of 
them did) to call him up very early the next 
morning, because he was to go of a message out 
of the town. My Lord Cornwaliis and Mr. 
Oerrard remaining on the top of the stair-case, 
being (as we said) in disorder (which is the 
strength of the king's evideuce, if proved) 
both of them said, before they went thence 
they would kill some or other, which evidence 
will go a great way to shew the concern that 
noble Lord the prisoner at the bar, bad in the 
business. 

It happened as these boys were making their 
request to the ceutiuel, my Lord and Mr. Oer- 
rard took notice of it, and seemed to be con* 
earned that they should command the king's 
soldiers, and bid the centinel shoot him, who 
told them he conceived the boy had done him 
no wrong in asking a civil kindness from him ; 
they again called to shoot him, and they would 
bear him out; which be still refased to do, find- 
ing no reason for it : then one of the two took 
occasion to swear a great oath, ' he would kick 
his Arse to Hell ; c to which the boy that a&ked 
the centinel made some reply ; wherein the 
word * Arse' was repeated : (Now whether thev 
understood it as an interrogation, * why kick 
my Arse to Hell ?' as he intended it; or in a 
worse sense, ' kiss my Arse') one of the gentle- 
men in a rage came running down the stairs, 
and that boy that in troth spoke the word ran 
away*, and the other poor ionooent boy, trusting 
m his own innocency, remained there until the 
person came to him, and did on his knees (in a 
manner) desire not to be mistaken, he was not 
4lie person that used any ill words, and cryed 
out, O my Lord, it was not I ; indeed, my Lord 
irwas hot I \ but such at that time, was the 
intemperance and wrath of the person, who m 
each a fury descended the stain, that (whether 
with the blow or with the mil) the boy received 
his death. We find by' our information of the 
evidence, that he who dM tine thing "as « truth 
Mr. Ovrrard* "ho is not yet ta>«> > but whe- 
ther my torJ, *be prisoner at the °«> <*«* apt 
concur in it, and had not an intents *> kill 
somebody, is the question left for your j8»c« 
and these noble peers to decide. This if * ne 
nature of the fact; only I desire to observry 
that it is true here was 'some distance between 
the place where my Lord Cornwaliis stood, and 
the place where the boy was killed. Of what 
consequence that may be, I leave to your 
grace's and these noble lords consideration : It 
was the distance of the stairs ; but I think, as 
every one kuows, they are not to many, but 

1 



what is done below may be easily seen at 

top. 

We shall now, without detaining year loreV 
ships any longer, calk the witnesses, and prows) 
what bath been opened. 

The Soldier proved the met, as it was open-* 
ed by Mr. Attorney General, except that part 
about both swearing they would kill one or 
other, which passage was heard bat by one of 
them, and spoken hut by one of the gentlemen. 

They could not swear who were the persons, 
because of the darkness of the time. 

The Boy who was the companion of him that 
was slain, and that used the words that causae? 
the person to come down, swore them to be st 
repetition only by way of interrogation, * why 
kick my Arse to Hell r ? 

Then Mr. Attorney desired to call ray Lore! 
Cornwaliis'* own two footmen, who had been? 
indicted and acquitted at the kingVbcnch-bar. 

L. H. Stewurd. My Lords the judges, is tiiere 
any question, whether a person acquitted of an 
oftence be a good witness against another 
charged with the same ofieooe ? ' 

Judges. None at all ? when he it acquitted 
he ought to be admitted. 

Then the copy of the acquittal (proved by si 
clerk in the crown-office) was read, and thess 
were sworn ; who fixed it apon the person of 
Mr. Oerrard, and swore that my lord Com*. 
wallis was all the while upon the top of the) 
stairs, but after the fact committed hasted 
away for fear of being knocked down by the) 
soldiers : ami there ended the king's evidence. 

X. H. Slew. Now, my lord, is the tamer 
come for your defence. You hear what is) 
charged on you. Pray speak what yon have to 
say tor yourself. 

Then the Prisoner at the bar confessed brm> 
self to have been in the company that night, 
when this accident happened, which he hoped 
would be a warning to him to shun seen dis- 
orders hereafter ; but thst he had no evil in- 
tention, and but one witness swore that both of. 
them would have killed the centinel ; that he 
was not conscious to himself, to have had % 
hand in, and therefore withdrew not himself it, 
but yielded himself to the coroner the nest 
day, (which he proved by the coroner himself) 
and did therefore, in trust of his iuooceney, 
submit himself to the judgment ef his grace end 
his peers. — Which being done, 

Sir Francit Winmngton, the king's Solicitor 
General, summed* up the evidence in -this 
manner: 

May it please your grace, my Lord High) 
Steward of England, and my noble lords tftsa 
peers of the prisoner at the bar : According to 
the duty of my place I am to repeat the king's 
evidence, and state it to yoor grace and tbeao 
noble lords, and submit it to your great judg- 
ments, how for it will go for the proof of toss 
crime ; wherein I shaH observe the duty of aU 
honest men, which is to do nothing either to 
wrest any thing in ^disadvantage of the prisoner 
oat of the kind's evidence, to go fofther than, it 



US] 



STATE TMALS, SOChaiUsD, 147&.^tf*ftV»v 



o«get»aor shall sunk-nay thing that stall re- 
quire your grace and the noble lords' justice; 
mr we come to seek out the troth, and we ques- 
tion art but by this honourable trial it will ha 
brought to tight. Bat I beseech your favour to 
take aotice, in the first place, what crime this 
aehle lord stands accused of^ and it is Jar mur- 
der; wherein oar law takes notice, that murder 
is where a man unlawfully kills another under 
ttekiiigVpeace^ with malice forethought Now 
that hare is a marder committed, I dare with all 
asoaJky aver. By whom ? that is the question : 
For this Robert Clerk, the person killed, doth 
appear, by the course of the evidence, to have 
hasa doing bis duty, attending the plaoe his 
esq do jaunt required; gave no offence to any 
whatsoever; bat when the parson came down 
sad fell upon bam, the poor youth cried, ' In- 
4 deed, my lord, it was not 1;' yet, my lords, 
the hands of violence seized him, and killed him. 
Let as then see bow the evidence brings it home 
is the nobta lord, the prisoner at the bar ; 
wherein I most confess we have no express evi- 
dence (nay* we have evidence to the contrary) 
that it was not his hand that did the fact ac- 
taeuy; for it is by two witnesses* the footmen, 
sworn that it was Mr. Gerrard who came down 
and gave the unfortunate blow • but we have 
that which, we think, with humble submission, 
any reach this noble lord : Far I know your 
mast and my lords remember, that after they 
had been an boor in the park; both returning, 
did with horrid oaths swear they would kill the 
omtmel ; there the evidence fixeth it, not upon 
snewaty, bat upon both : it was at that time 
so dark they coald wot be distinguished, but by 
the voice : The centinel hath given yon an ao 
coast how be performed his duty, and in what 
strait he was, he had much ado to save his own 
km, or to prevent kitting them : But when they 
came upon the stairs, these two boys came 
there in order to desire the centinel to call one 
of then the next moraine. Then one on the 
stairs (no man can tell who k was) with horrid 
execrations, asked, Will you command die king's 
ssUiers? Shoot bmi, centinel, we will bear von 
eat. Bnt all this while it was dusk, no distinc- 
tion of persons could be made ; whereupon it 
nil fall oot to come to this case, If several per- 
sons intend to kill one, and happen to kill ano- 
ther, whether this be not murder in them ? For 
the urging of this, as to the matter in law, I 
leave to him that comes after me. The centi- 
nel swears one of them did swear be would kill 
one or other ; who it was took up that cruel 
resvmtion, is left to you to judge : but at that 
time they were both together upon the top of 
the stairs ; and my lord doth not seem to give 
one tittle of evidence, that shews any endear- 
wjers of the prisoner at the bar to prevent the 
other, or disprove of bis actions: If he had 
given an account of that, be had silenced jus- 
nee ; bnt when they were all together; he oot 
eadenvoorine to stop bis hand, it is as much in 
for as if he had struck the stroke. 

The other soldiers give you a particular ac- 
asnnt to the same purpose. 



[1M 

Thotwe last witnesses do bring it to At per* 
son of my lord, lbs prisoner at the bar, and Mr. 
Garrard, who, they swore, came down the, 
stairs, and his man followed him la the bottom^ 
and there staid at some distance till the fact 
was dona, and they all fled. 

This I take to be the matter of fact fajth- 
mlly proved before your grace, and the Lords' 
the peers ; and I would not trouble your grace 
longer, because I would not misreport any 
thing, whereby I might do wrong, either to the 
prisoner or the kiogfs cause; and because I 
know your grace and the noble lords will dist- 
tioguish and hod out where the truth is. 1 
most say, it is a great comfort to all the sab* 
jects of Eogland, that crimes of this nature are 
so carefully presented, that whatsoever ho* 
oours and dignities our gracious sovereign doth 
confer on any person, it doth not exempt him 
from the justice of the law : it is not only a 
comfort to this assembly, but to the whole 
nation, to see the king tender of his subjects 
persons and lives, in that he hath caused tins 
strict course to be taken, where the enquiry 
hath gone from the grand jury of the county, 
until the bill came to this 'great tribunal; 
where I doubt not but your grace, and these 
noble lords, will give a righteous and just 
judgment. 

Serjeant Maynard. May it please your grace, 
my Lord High Steward of England, • and my 
noble lords the Peers : 

I, according to the duty of my place, come 
now to conclude the charge on the king's he- 
half. Some things are fit to be observed upon 
the evidence, that may produce a question fur 
the decision of the fact, of what nature it is. 
That a murder is committed, is upon evidence 
without all question ; and not only the death of 
a man, here is a child slain without any provo- 
cation in the world given by him to that per- 
son that did it ; and that did it too, notwith- 
standing the deprecations of the boy, affirming 
his own innoeency, and that with as full cir- 
cumstances as a Christian almost could a thing : 
these come from the king's palace-walk in the 
park ; call the centinel rogue, and when he 
doth his duty, swear to murder him ; with 
oaths that a Christian would blush at, and be 
afraid to hear : God damme oftentimes reite- 
rated ; and he that saith that word, doth beg 
of God to hate him, and affirm that ha doth 
hate God.' The obscenity that they used I 
shall not mention again. These are the cir- 
cumstances of the case ; that all were guilty 
of much, is no doubt ; but who of the mur- 
der, is the question. And I humbly conceive, 
it is manifest, that this noble lord was. con- 
cerned in it. For it is not requisite to make a 
murder, that he who kills a man hath conceived 
a malice against him ; for if I have a malice 
against any man, and the enact of that fall 
upon another, it is murder. 

I apply it thus : if it be a murder in Mr. 
Gerrard, if this noble lord partake with him in 
the design which made it so ; to wit, the 
malice against the centinel t he is as guilty, as 



IMJ ST ATE TRIALS, 30 Charles II. ) (PS. —Trial qf Lord CornwaUis, (150 

if hit bind lad been as much* upon him as 
.wv Mr. Gerrard't ; as in that known case of 
the man that poisoned an appje with an in* 
tent to kill his wife, and she not knowing of 
the poison, gave some of it to her child, of 
which it died ; though he had no design to kill 
the child, yet the malice he conceived against 
his wife supplied the defect of an express 
malice to make it murder ; and he was hanged 
therefore. So if « man assault a master, in the 
presence of bis servant, who defends bis master, 
and is slain, though the other had no purpose 
to kill him, yet it is felony in hiin, for which, he 
shall die; the law implying a malice. Then 
here was clearly a malice to the centinel ; how 
sear it comes to the boy will come in question 
afterwards. I find the objection made in, my 
lord's case, that at the particular time where 
.the fact was committed, my lord was not with 
Mr. Oerrard : but that will be no objection in 
<the case ; for if he did partake in the design of 
the other, I will answer it with the case of my 
lord Dacresf of the South, who, with some 
others, went unlawfully to steal deer, and the 
keeper coming, some fled, among whom my 
lord was one : the keeper was killed, my lord 
Dacres being at that time without the pales, a 
mile off from the place, and yet wns found 
guilty of the murder, and lost both his lands 
and life for it. But here, my lord Cornwallis 
•was presentyfor the witness swears the distance 
was not so great but it might be discerned. 
Now whether he was aiding or assisting, is the 
next tiling in question. What occasion had 
they of malice, revenge, or injury to the cen- 
tinel? They both swore they would kill him: 
had there been any excuse for the other, if one 
of them had killed the centinel ? That could 
not be. Well, they did not kill the centinel, 
but at the same time take up a causeless offence 
. against another, and kill him. I argue, that 
the malice against die soldier was diffusive to 
the boy ; and one of the witnesses proves, that 
one of them swore he would kill somebody : 
now, no one speaks to any thing of my lord's 
reproving Mr. Gerrard. Thus stands the case 
before your grace and my lords : it is a case of 
blood, and it cries loud :'bow far this noble 
lord and prisoner at the bar is guilty thereof, 
you are to enquire, and without all doubt will 
give a clear verdict, according to justice and 
honour. 

L. H. Staoard. My lords, you have heard 
the evidence; if your lordships please to go 
and consider of it, you may. 

Then the prisoner withdrew into his own 
apartment, with the lieutenant of the Tower. 
The lords went into a room behind the court 
of Chancery, and after a stay of two hours re- 
turned ; and being all sat, the earl of Danby, 
Lard High Treasurer of England, who was the 
first of the jury, addressed himself to my Lord 
High Steward, and said : 

Earl of Danby. My Lord High Steward, 

* Sanders's Case in Plowden, fol. 473. 
f Anno 33 H. 8, Coke, 3 Inst. fol. 211. 



there is a question in law, of which some of 
my lords desire to receive satisfaction before 
they can give in their full verdict ; and we de- 
sire to know of your grace, whether it be pro- 
per here 'to ask, the question of your grace, or 
to propose it to the judges. 

L. a. St etc. If your lordships doubt of any 
thiug, whereon a question in law ariseth, the 
latter opinion, and the better for the prisoner 
is, that it must be stated in the presence of the 
prisoner, that he may know whether the ques- 
tion be truly put.* It hath sometimes been 
practised otherwise ; and the peers have sent 
for the judges, and have asked their opinion in 
private, and have come back, and given their 
verdict, according to that opinion ; and there 
is scarce a precedent of its being otherwise 
done, but there is a latter authority in print, 
that doth settle the point so as I tell you; and 
I do conceive it ought to be followed ; and it 
being safer for the prisoner, my humble opinion 
to your lordship is, that ho ought to be present 
at the stating* of the question. 

Call the prisoner to the bar. Who being 
come, my lord spake thus to him : 

L, H. Stew. My lord Cornwallis, My lords 
the peers, since they have withdrawn, have 
conceived a doubt, in some matter of law- 
arising upon the matter of fact in your case ; 
and they have that tender regard of a prisoner 
at the bar, that they will not suffer a case to be 
put up in his absence, lest it should chance to 
prejudice him, by being wrong stated ; there- 
fore, your lordship will do well to attend the 
question that is raised ; and, my lords, will you 
please to propound your doubts? 

Earl of Danby. It was taken notice of here, 
that by opening the matter by Mr. Solicitor, 

* 3 Coke's Inst. fol. 429. Pasch. 26 Hen. 3, 
Lard Dacres't Case. 

f It must certainly be in the presence of 
the prisoner, if you ask the judges' opinion. 
By lord Somers, Lord High Steward, in lord 
Warwick's Case, a. d. 1699, infra. So also in 
lord Stafford's Case, a. d. 1680, infra. Lord 
Finch (the Lord High Steward) says, " My 
Lords have directed that all the judges that 
assist them, and are here in your lordships,* 
presence and hearing, thould deliver their opi- 
nions/'&c. So in Sacheverel's Case, a. d. 17 lO, 
infra, the Lords resolve, on debate, that % 
question should be put to the judges in the 
court below, where accordingly it was put aud 
answered. But in Hastings's Case, a.d. 1787, 
infra, the questions were proposed to the 
judges and answered by them, not in West- 
minster-hall in the presence of the parties, but 
in the House of Lords, with the doors shut. 
Upon this subject, see the Report of a Com- 
mittee of the House of Commons, April 30th, 
1794, under the heads " Mode of putting the 
Questions," and " Publicity of the Judges* 
Opinions." See also the Protest of June 89, 
1789. Io lord Delamere's Case, a. d. 1686. 
infra, the judges were interrogated ana 
made answer in open court* 



B71 



STATE TRIALS, 30 Charles II. )Mi.—Jbr Murder. 



[US 



ibe matter of murder was explained to be 
meant by baring a prepensed malic*, and in 
that case it was opened to as, that any persons 
then present, ana that had in any sort con- 
tributed to the disorders, they were as eoually 
goilty, as they whose hand had shed the blood 
if the person killed. 

Now the doubt of some of my lords is, whe- 
ther if it be found but man-slaughter, those are 
equally gniltj (that are present, and have 
proved to contribute to the disturbance) of 
that crime, as tbey are in murder; because 
some of them bare not the satisfaction that 
they are the sarne. 

L. H. Steward. My lords the judges, I take 
it, the doubt proposed to you, is this; Whether 
or na, those that are present, and have conci- 
liated to the disorders, whereby such an acci- 
dent doth ensue, as proves to be manslaughter, 
be as culpable, as be that doth the immediate 
&ct, as it is in the case of murder? 

After a little pause and conference, the 
Judges returned this answer : 

Jmdget. We have bad conference of this case, 
and ear humble opinion is, If sundry persons 
be together, aiding and assisting to an action, 
wherein a manslaughter doth ensue, as in case 
of a sadden business without malice prepensed, 
they are equally guilty of the manslaughter, as 
they are in the case of murder prepensed.* 

Earl of Danby. The Lords desire to with- 
draw once more. Which they did, and after a 
short space returned ; and being called over, 
answered to their names ; and all appearing, 
my Lord High Steward took their verdict 
tcrwtaiy beginning at the puisne lord in the 
following order, they answering, standing bare, 
with their bands on their breasts. 

L. H. Steward. My lord Durat, Is Charles 
lord Cornwallis guilty of the felony and murder 
whereof he stands indicted, or not guilty ? 

Lord Dvras. Not guilty. 

The same question he demanded of each ; 
who answered thus : 

Lord Butler, Not guilty. 

, Not guilty. 

Mayoard, Not guilty of murder, but guilty 
of manslaughter. 

Paget, Not guilty. 

BerkJy, Not guilty of murder, but guilty of 
manslaughter. 

* See East's Pleas of the Crown, c, 5, 9. 4, 
s. 118. 



Newport, Not guilty. 
Halli&x, Not guilty. 
Viscouot Cambden, Not guilty. , 
Guilford, Not guilty. 

Ailsbury, Not guilty of murder! but guilty 
of manslaughter. 
Craven, Not guilty. 
Bath, Not guilty. 
Clarendon, Not guilty.. 
Sunderland, Not guilty. 
Peterborough, Not guilty. 
Devonshire, Not guilty. 
Northampton, Not guilty* 
Bridgwater, Not guilty. 
Dorset, Not guilty. 
Suffolk, Not guilty. 
Bedford, Not guilty. 
Derby, Not guilty. 
Kent, Not guilty. 
Oxford, Not guilty. 
Arlington, Not guilty. 
Brereton, Not guilty; 

Lindsey, Not guilty of murder, hut of man; 
slaughter. 

Dorchester, Not guilty. 

Anglesey, Not gudty of murder, but of man- 
slaughter. 

Danby, Not guilty of murder, but of man* 
slaughter. 

lord High Steward. Call the prisoner to the 
bar. 

Then the prisoner came to the bar, and the 
deputy lieutenant of the Tower held the edge 
of the ax towards him, while my Lord High 
Steward spake thus unto him ; 

X. H. Steward. My Lord Cornwallis, you 
have been indicted for murder, pleaded Not 
Guilty, put yourself upon your peers; and 
your peers upon consideration of the whoJe 
matter have acquitted you, and found you Not 
Guilty, so* you are to be discharged. 

Cl.Cr. Make proclamation, 

Serjeant. O Yes ! My Lord High Steward 
of England willeth and commandeth all persons 
to depart hence, in God's peace, and the king's, 
for my lord high steward of England his grace 
doth dissolve this commission. God save the 
King. 

At which words my Lord High Steward hold- 
ing the white staff (which was delivered him by 
the usher of the black rod on his knees) in both 
hands over his head, snapt it * in two, and the 
assembly {>roke un. 



120] STATE THLIXS> Si Ghaiuu H> lW*<~Trialqf Green, faty, and HUl, £100 



947. The Trial of Robert Green, Henry Berry, and Lawrence 
Hill,* at the KingVBeach, for the Murder of Sir Edmuud- 

bury Godfrey : 31 Charles II. a. d. 1679. 

» ■ • < 

lice aforethought, were present, aiding, abet- 
ting, comforting and maintaining the aforesaid 
Robert Oreeo, cbe aforesaid sir EdoMindoary 
Godfrey in manner and form aforesaid, felo- 
niously, voluntarily, and of Ins maJice afore- 
thought, to kill and murder ; and so you the 
said Robert Green, Henry Berry, and Law- 
rence Hill, together with the said ■ Gi- 



ON Wednesday the 5th of February, 1679, 
Robert Green, Henry Berry, and Lawrence 
Hill, were brought from his majesty's gaol of 
Newgate, to the bar of the court of Sing's- 
bencb, to be arraigned for the murder of sir 
Edmundbury Godfrey, upon an Indictment 
found by the grand jury for the county of Mid- 
dlesex, on Monday the morrow of the Purifica- 
tion of the Blessed Virgin Mary ; and the 
court proceeded thus : 

Mr. Justice Wild arraigned the prisoners. 

. Clerk of the Crown. Robert Green, hold up 

thy hand ; Henry Berry, hold up thy hand ; 

Lawrence Hill, hold up thy hand. Which 

they severally did. 

You stand indicted by the names of Robert 
Green, late of the parish of St. Mary le Strand, 
in the county of Middlesex, labourer; Henry 
Berry, late of the same parish and county, la- 
hoarer ; and Lawrence Hill, late of the same 
pariah and county, labourer; for that you three, 
together with ■ Gkald, late of the same 

parish and county, clerk; Dominick Kelly, 
late of the same parish and county, clerk ; and 
Phillibert Vernatt, late of the same parish and 
county, labourer, who are withdrawn : not 
having the fear df God before your eyes, but 
feeing moved and seduced by the instigation of 
the devil, the IStfe day of October, in the 
thirtieth year of the reign of our sovereign 
lord Charles the tecond, by the grace of God, 
of England, Scotland, France and Ireland, 
kio& defender of the faith, &c. at the parish of 
St. Mary le Strand aforesaid, in and upon ut 
JEdmundburv Godfrey, knight, in the peace of 
Gqd, and of our said sovereign lord the king, 
'then and there being, feloniously, voluntarily 
and of your malice aforethought, did make ao 
assault; and that thou the aforesaid Robert 
Green, a certain linen handkerchief of the 
value of six-pence, about the neck of the said 
air E. Godfrey, then and there feloniously, wil- 
, fully, and of thy malice aforethought, didst fold 
and fasten; and that thou the said Robert 
Green, with the handkerchief aforesaid, by 
thee the said Robert Green in and about the 
neck of the said sir Edmundbury Godfrey, in 
•nanner and form aforesaid, folded and fast- 
ened, then and there him the said sir Edmund- 
bury Godfrey didst choke and strangle, of 
which said choking and strangling of him the 
•aid sir Edmundbury Godfrey, in manner and 
form aforesaid, be the said sir Edmundbury God- 
frey then and ^here instantly died : and that 
you the said Henry Berry and Lawrence Hill, 
together with the said — — Girald, Domi- 



nick Kelly, and Phillibert Vernatt, then and 
there feloniously, voluntarily, and of your ma- 

• See the Introduction to the Trials for the 
Popish Plot, vol. 6, p. 1494. 



raid, Pomioick Kelly, and Phillibert Vernatt, 
in manner and form aforesaid, the aforesaid 
sir Edmundbury Godfrey, feloniously, wilfully, 
and of your malice aforethought, did kilt and 
murder, against the peace of our sovereign lord 
the king, his crown and dignity. 

How sayest thou, Robert Green, art thou 
Guilty of this felony aud murder whereof thou 
standest indicted, and hast been now arraigned, 
or Not Guilty? v 

Green. Not Guilty. 

CI. of the Cr. Culprit, now wilt thou be tried r 

Green. By God and my country. 

€1. of the Cr. God send thee a good deliver- 
ance. How sayest thou, Henry Berry, art 
thou Guilty of the felony and morder whereof 
tbou standest indicted, and hast been now ar- 
raigned, or Not Guilty ? 

Berry. Not Guilty. 

CI. eft he Cr. Culprit, how wilt thou be tried ? 

Berry. By God and my country. 

CI. of the Cr. God send thee a good deliver- 
ance. How sayest thoa, Lawrence Hill, art 
thou Guilty of .the felony and murder whereof 
thou standest indicted, and hast been arraigned, 
or Not Guilty? ^ 

BUL Not Guilty. 

Ci. of the Cr. Culprit, bow wilt thou betried ? 

Hill. By God and my country. 

CI. of the Cr. God send thee a good deli- 
verance. 

Capt. Richardson. I desire to know when 
they must be brought up to be tried I 

Mr. Just. Wild. Upon Friday next. 

CI. of the Cr. You shall have a rule to bring 
them up on Friday. 

But on Thursday, the 6th of February, Mr. 
Attorney-General moved the court that it might 
be deferred till Monday, that the king's evi- 
dence might be tbe more ready ; which was 
granted accordingly. 

On Monday the 10th of February, 1679, the 
said Robert Green, Henry Berry, and Law- 
rence Hill, were brought again to the bar for 
their trial, which proceeded as followed*. 

CLqfthe Cr. Make Proclamation. 

Crier. G Yes ! 

CI. of the Cr. Again, again. 

Crier. O Yes, Yes T our sovereign lord 
the king doth straightly charge and command 
all manner of persona to keep silence upon. 
pain of imprisonment* 



161] SCAl£4rBtAt4 *H3uiUtIL -m9^J* *k Muricrqf B*E/€h4frQ. [,©* 




CLfik* Cr. Hake an O Yet. 
4>ieA O Yesl if any one eaq inform our 
Mrejp lord tbe king, the king 's serjeaut at 
ir, aW king** attorney-general, or ibis inquest 
co be taken of the felony and murder 
wsarcaf Robert Green, Henry Berry, and Lew- 
BiaV «*** n ns an e rs at tbe bar, stand in- 
let them came forth and they shall he 
for now the prisoner* Maud at the bar 
their delivery. And all others that are 
' h> recognisance to five evidence against 
me at the bar, let them come forth 
aed give their, evidence, or.. else they forfeit 
tpssr rncngntnance* 

. CL*j U*Cr. Robert Green, bold up thy 
sand; Heavy Berry, hold up thy band : Law- 
■sues Hill, bold op thy hand. Which they 
severally did. 

Those £pod man that you shall bear called, 
and personall y appear, are to pass between our 
stvr reign lord the king and you, upon trial of 
jeer several lives. and deaths: if therefore you, 
or any of yoa, will challenge then, or any of 
them, your time is to speak unto them when 
they eoeae to the book to he sworn, and before 
tbry are jsworn. Crier, make an O Yes. 

Critr. O .Yet ; you good men that are im- 
fajiiiifli il to enquire between our sovereign lord 
fee king and Robert Green, Henry Berry, and 
Lawrence Hill,the prisoners at the bar, answer 
le your tisanes, and save your issues. 
CL <ftk£ Cr. Sir William Roberts. 
Xjrimr. Vous aves, Sir William Roberts. 
CLtftkeCr. Sir William Robert* to the 



Critr. SirWiluam Roberts, look upon the 
Nseoers : you prisoners look upon the jury. 
Yoa shall w/eU and truly try, and true deliver- 
ance snake, between our sovereign lord the 
kae and the prisoners at the bar, whom you 
shell have in charge, end a true verdict give 
aneerdiog to your evidence. So help you God. 

And she same oath was administered to the 
met, and their names were as follow : Sir Wil- 
liam Roberta, hart. Sir Richard Fisher, bait. 
Sir Michael Ueaeage, kt. Sir Thomas Bridges, 
kc WiUaens Averry, Chariet Humphrevile, John 
Batsssfsty Riebard Gewre, Thomas Henslowe, 
Joan Sterne* John Haynes, and Walter Moyie, 



uasjnives* 



ikt Cr. Crier, count these. Sir WU- 



One,&c. 

CLtftkeCr. Walter Moyle. 

Crier. Twelve good men and true, stand 
together, and hear your evidence. Gentle- 
men, are you all sworn f and you that are not 



The stsmcrmjp-pface for the jury being so 
ihuug e d , that ttose who were sworn had not 
room to stand together, the Clerk of the 
Crown was ordered to mate proclamation 
thus: 

(XtftUCr. Crier, make Proclamation. 

Crmr. O Yes I jay lords the biagfa justices 
4o atrat dy charge aad command all i pers<ms 
^ Y9U r?f. 



that are not of tbe jury, to withdraw forthwith* 
upon pain of \00l. a man.. 

CL of the Cr. Robert Green, bold up thy 
band; Henry Berry,- hold up. thy hand; Law- 
rence Hill,, bold up thy band. Which they 
severally did. 

Gentlemen, ypu that are sworn, look upon 
the prisoners, and hearken to their charge: 
You shall understand, that they stand indicted 
by the names of Robert Green, late of tbe 
parish of St. Mary le Strand in tbe count? of 
Middlesex, labourer; Henry Berry late of the 
same parish and county, labourer; and Law- 
rence Hill, late of the same parish aad county, 
labourer ; for that they, together with, fee. (as 
before) against the peace of our sovereign lord 
the king, his crown and dignity. Upon this 
indictment they bare been arrataed, they 
have thereunto severally pleaded Not Guilty, 
and for their trials have severally put them- 
selves upon God and their country, which 
country you are. Your charge is to enquire, 
whether the prisoners at the bar, Robert 
Green, Henry Berry, and Lawrenas Hill, or 
any of them, are guilty of tbe felony and mur- 
der whereof they stand indicted, or not guilty ; 
and for them which you shall find guilty, you 
shall enquire what goods or chattels, Jaods or 
tenements, they had at the time of the felony 
committed, or at any time since. If you find 
them, or any of them, not guilty, you shall en* 

2 aire, whether they, or any of them, that yoa 
nd so not guilty, fled for the same; if you find 
that they or any of them fled for the -same, you 
shall enquire of their goods and chattels, as if 
you had found them guilty : but if you had 
them, nor any of them, not guilty, nor that 
they did fly for it, say so, and no more, ami 
hear your evidence. Crier, make proclama- 
tion. 

Crier. O Yes ! If any one will give evidence 
on behalf of our sovereign lord tbe king, against 
Robert Green, Henry Berry, and Lawrence 
HiU, the prisoners at the bar, let them coma 
forth, and they sbajl be heard. 

Mr. Serjeant Stringer. May it please your 
lordship, and you gentlemen ot this jury, tbe 
prisoners at tbe bar, Robert Green, Henry 
Berry, and Lawrence Hill, stand indicted, for 
that they, with one Grrald a priest, one Kelly, 
and one Vernatt, did the twelfth of October 
last, at tbe parish of St. Mary le Strand in this 
county, feloniously, wilfully, and of their ma-* 
lice aforethought, assault the person of sir 
Edmundbury Godfrey, kt. and that the prw 
soever, Robert Green, did put about the neck 
of the said Sir Edmund bury a twisted hand- 
kerchief, and did with that twisted handker- 
chief so choke and strangle the said Sir' £0% 
mundbury, that he immediately died ; and that 
tbe other prisoners, Henry Berry and Law- 
rence- Hill, with the other persons, Girnld, 
Kelly, and Vernatt, were aiding and assisting 
the said* Robert Green 80 murder the atid Sir 
Edmondbury ; and* so the prisonem ot the bar, 
with the said other perautts, the said Sir Ed- 
mondbury Godfrey did kill and murder, - 
M 



1 



l(tf } STATE TRIALS, 3 ! Chawlbs II. 167D.— TVud of Green, Ikrry, and Hill, [16ft 



agaiast the king's peace, his crown and dig- 
nity. To tbbtbry have pleaded Not Guilty, 
and for their trial have put themselves upon 
their conntry, which country you ere. If we 
trove them or any of them guilty, you are to 
find it so. 

Attorney General (Sir William Jones). 
May it please your lordship, and you gentle- 
men of this jury, the prisoners who stand now 
at theibar are indicted for murder. Murder, 
as it is the first, so it is the greatest crime that 
is prohibited in the Second Table. It is a 
crime of so deep a stain, that "nothing can 
wash it away but the blood of the offender, 
and unless that be done, the land in which it 
is shed will continue polluted. My lord, as 
murder is always a very great crime, so the 
murder which is now to be tried before your 
lordship is, it may be, the most heinous and 
most barbarous that ever was committed. 
The murder was committed upon a gentleman, 
and upon a magistrate, and I wish he had nqt 
therefore been murdered, because he was a 
Protestant magistrate. My lord, I will not 
spend much of your time in making my obser- 
vations before hand, because I must in this 
case crave leave to do it in the conclusion of 
the evidence. For I, that have made a strict 
examination into this matter, do find, that I 
shall better spend my time in making obser- 
vations, and shewing how the witnesses do 
Agree, after the evidence given, than before. 
Therefore, my l«>rd," I »hall at present only 
make a short narrative of the fact, to shew 
you the course of our evidence, that it may he 
♦he better understood and remembered by the 

iiry. My* lord, upon the discovery of the late 
orrid plot 

. Lord Chief Juttke (Sir William Scroggs.) 
And present Plot too, Mr. Attorney : but 
pray go on. 

Att. Gen. If your lordshijj please, you may 
call it so, for it is to be feared they have not 
yet given it over: but upon the discovery of 
that Plot (call it late or present) sir Edmund- 
em* Godfrey (whom I suppose the jury all 
knew, and every man that lived thereabouts 
must needs remember to have been a very use- 
ful and active justice of the peace) had taken 
several examinations about this matter, and 
perhaps some more than now are extant; (but 
we have proof he had some) and was very in- 
dustrious iu finding out the principal actors in 
this plot-, among whom, some priests and Je- 
suits foreseeing their own danger, and likewise 
the overthrow of a design which they bad been 
so long in contriving, they bad several con- 
sultations bow to prevent the discovery. And 
as they are men- who never stick at blood, but 
rather account it meritorious to shed it, though 
never so unjustly; when their interest may be 
profited by it) they did resolve to secure them- 
selves and their design by taking away the life 
of this gentleman. In order thereunto thev 
had several meetings, and the place of their 
meeting, you will find, by the evidence, to 
be at the Plow-alehouse, and there they did 



consult how to take away the life of sir £• 
Godfrey. And they made several attempts to 
do it: one while they dogged him into the 
6elds, another while they sent people to spy 
when he came abroad, that thev might follow 
him into some dark alley, or other obscure or 
unfrequented place, and there dispatch him ; 
and at last, after many attempts, they suc- 
ceeded in that wicked one, when the murder 
was committed. 

My lord, there are contained in this indict* 
ment six offenders, all principals; three of 
them, i think, are priests, or at least two Of 
them are so ; that is, Father Girald an Irish- 
man, Father Kelly likewise of the same na- 
tion, and one Vernatt, whether a priest or lay- 
man I know not. These priests (as they are 
always the first that contrive mischief, so they 
are always the first that fly punishment) have 
taken care for themselves, and run away, and 
left their blind followers, the prisoners at the 
bar, whom they had drawn into this bloody act, 
alone to answer for it. 

The day when this murder was committed 
was Saturday the 19th of Oetober last ; and I 
must desire your lordship to take notice of the 
day, for upon that much of the evidence will 
depend. And we shall prove, that as they did 
before send several times to sir E. Godfrey's 
house to get intelligence of his going abroad, 
so this very day in the morning, Hill, one of 
the prisoners at the bar, came to his house 
upon pretence of business with him ; and, as we 
guess, and have reason to believe, to learn 
whither he went that day : Green (another of 
the prisoners) bad been there before on the 
same errand. And so much we shall prove 
to you by the people of the house. Sir £. 
Godfrey happened about noori, or some time 
in the afternoon of the same day (as we have 
it by the confession of one of the parties) to 
be at an house near St. Clement's church, 
where these murderers bad notice he was, and 
had prepared a trap for him as he came beck. 
They had appointed men to watch him, and 
give them' notice when he did come back; 
and whatever his business was at the house 
that he was in (for it cannot yet be known) 
he staid there till about seven or eight o'clock 
at night: and your lordship knows that at that 
time of the year it is then dark. He coming 
from about St. Clement's church towards his 
own house near Charing Cross, notice was 
given to the murderers of his approach near to 
Somerset-house. And thus they had laid 
their bloody contrivance i some of them were 
appointed to meet him at the back-gate ol 
Somerset-bouse, and to inform* him that then 
was a quarrel in the yard, and he being. a aiavc 
always careful to keep the peace and pontst 
them that broke it, they thought it a very ap 
means to train him into the yard. And whei 
he came near the back-gate they did accord 
ingly acquaint biro, that two of the queen* 
servants were fighting in the yard, and tha 
they needed his presence to part and quie 
them.. He, at first, thought it might be bu 



I0S3 CTATE TRIALS, 31 Charles II. 1 679.-: for the Murder <tf Sir E.Gotfrey. [1GC 



some ordinary idle scuffle, and was not willing 
to gp dawn ; but being very much importuned 
by (seat, down he went, through the back- 
loto toe yard, wjiere were indeed two 
scuffling together, but counteifeiily ; the 
•as Berry, the prisoner here; the other 
was Kefly, the priest that is run away. And 
when sir E- Godfrey was come, and within 
tneir reach, tbeu, as it was before contrived, 
the hay of itself ended, and Berry goes to the 
fewer water-gate, and Mr. Praunce (who was 
ie Chat foal iact, but hath since repented, and 
haih ott.de this discovery) to the upper-pate, 
nVkeep back any casual passengers lor a little 
while, till such time as the murder was over. 

My lord, things being thus prepared, whilst 
av E. Godfrey stood still, or was returning, 
fearing no more to do there, after the scuffle 
was thus appeased, Green, one of the pri- 
soners, commg behind him, puts a cravat, or a 
twisted linen cloth (which he had ready for 
4he purpose) about his neck. And he, Hill, 
and those holy fathers Girald and Kelly (with 
great veneration be it spoken, for men of their 
order tostain their hands with the blood of an 
iaaoant gentleman, and that in so treacherous 
a manner,) all set upon him, and very man- 
ually, being four upon one, and he altogether 
surprized, threw him down aud strangled him. 
And this was done (as it is easy to imagine) 
without ranch noise ; so that I doubt not but 
many that were near the place might be igno- 
rant of it, and did not bear it. 
• My lord, though the thing was done with a 
great seal, aud a very good will to dispatch 
aim, yet it so happened, that when Mr. 
Praunce came back from keeping sentinel at 
the gate, there was some life left in sir £. God- 
frey; he did stir his feet, and thereby they 
perceived that he was not quite dead. But tp 
make thorough work with hrm> Green (*ho 
began, and was to give an accomplishment to 
1ms bloody fact) takes hold of his head and 
twists his neck round, and stamps upon his 
breast, the marks of which outrageous cruelty 
did plainly appear in his body after it was 
found. 

My lord, after they had thus killed him, 
draw the priest thought he was not yet dead 
enough, and was very willing to run him 
through with sir Edmund bury *s own sword ; 
but that was not liked by the ret>t, lest it 
might be discovered by a great effusion of 
blood in that place ; and so they forbore it for 
' that time. Having thus dispatched him, they 
removed him to the chamber of Hill, where 
they kept him some time, and after 'that to 
another chamber. I will not be particular 
herein, because the witness will give the best 
account of it. But after some time, (I de- 
sire it nay be observed, it was on Monday 
night, two nights after the fact was committed J 
they brought him into another room and lain 
him there, with a doke thrown over him. And 
I mention this last so particularly, because he 
then happened to be seen by another witness 
tare present, who concurs as to his lying there 



dead, and that he saw him by the helptt'adark 
Ian thorn, of which, and other circumstances, I 
shall have occasion to make use herealter. . 

My lord, after he had lain in Somerset* 
house some days, they thought it was high time 
to remove him, or rather to expose han : tor 
having now killed him, they did endeavour to 
kill his reputation, and lay the blame of this 
foul murder upon tins innocent gentleman, as 
if be had killed himself: and on Wednesday 
night, which by computation was the 16th of 
October, they carried him out of Somerset- 
bouse in this manner : Hill having late in the 
night procured a sedan, they made a shift, by 
bendiug the body to a fit posture, to crowd 
him into it ; and Berry, one of the murderers, 
and porter of Somerset-house, was of all men 
most proper to tjelp them out with privacy ; 
and therefore it was agreed between them, 
that whenever a man should come before and 
make an hem, it should be a sign to Berry to 
open the gate. And, my lord, having put 
him into the sedau, Mr. Praunce and Girald 
first carried him out iu it to Coven t Garden, 
and there. they rested (being something wea- 
ried with their burden) and two more supplied 
their rooms, and carried him to Long-acre. 
Then Girald and Praunce took hiin up again, 
and carried him to the Grecian church near 
Soho : and when .they had him there, they got 
an horse ready and mounted him upon it, and 
Hill was set behind him to- hold him op; by 
which means they carried him to the place 
where he was found ; and there, to accom- 
plish the last part of their design, which was to 
murder his reputation, after they had killed 
his body, they took his own sword 'and run him 
through, and left him in such a manner, as 
that (according to the weakness of their un- 
derstanding) trie world should conclude he 
had killed himself. In that condition was the 
gentleman found. I have but little more at 
present to trouble you with, and that shall he 
to shew you what the murderers did after they 
had- committed this fact. They gave an ac- 
count of it the next morning to Mr. Praunce, 
who went no further than the sedan went, 
which was to the Grecian church: and the 
priests wt re so far from any remorse, and had 
so little humanity, (I believe there is none can 
think they had much of divinity) that they did 
in a paper, set down a narrative of this heroic 
act: and I doubt not, but by this time it it 
sent to Rome, where it finds as great approba- 
tion, snd causes as great joy, as their other 
acts of a like nature have heretofore done. 
Some days after the fact was done, and, to 
their everlasting honour, thus by themselves 
recorded, some of these priests had a meeting 
at the Queen Vhead at Bow, and there was the 
paper produced and read ; at which they were 
very merry, and were so loud, that some of the 
bouse overheard them ; and do yet remember 
that they read, and were merry at, a paper 
which -concerned sir £. Godfrey. 

My lord, this will be the course of our evi- 
dence; and though your lordship and the jury 



will easily believe that most of these parties- 
Jars must arise from one who was party to the 
feet, yet, my lord, I will undertake, before I 
have done, so to fortify almost every particular 
lie delivers, with a concurrent proof of other 
testimony, and the things will so depend upon 
one another, and have such a connection, that 
little doubt will remain in any man's mind, 
that is come hither without prepossession, but 
that sir £. Godfrey was murdered at Somerset- 
house, and that the persons who stand now 
indicted for it were the murderers. 

Recorder. (Sir George Jefferies.) My lord, 
if your lordship pleases, according as Mr. At* 
torney hath opened it, we desire we may call 
our wituesses; and first we will call Mr. Oates. 

Crier. Mr. Oates, lay your hand oo the 
book. Tfie evidence you shall give for our 
sovereign lord the king, agaicst Robert Green, 
Henry Berry, and Lawrence Hill, the pri- 
soners at the bar, shall be the truth, the whole 
trorh,and nothing but the truth. So h< lp youGod. 

Solicitor General (Sir Francis Winnington.) 
Pray, Mr. Oates, will you give my lord and 
the jury an account what transactions there 
were between you and sir £. Godfrey ; and 
that, id? lord, is all we call him for. * 

Ait. Gen. My lord, I call this gentleman 
to prove what examinations sir E. Godfrey had 
taken, and what was his own opinion of bim- 
adf about them. 

L. C. J. Mr. Attorney, I suppose the use 
ou make of it is this, to shew, that that might 

i one of the motives to these persons to do 
this act, because he was forward in the dis- 
covery of their Plot. 

At I. Gen. It is so, my lord ; and that it 
was his opinion himself that he should have 
some mischief from them for it. 

X. C. J. Come, Mr. Oates, pray tell your 
knowledge. 

Oates. My Lord, upon the 6th of September 
last I did go before sir E. Godfrey, and there 
upon oath gave in several depositions, and after 
that I had made oath of those depositions, we 
took the record along with us home again. 
And on the 28th of September, after we had 
taken two or three copies of this record, we 
went before sir E. Godfrey again, and swore alt 
the copies we had taken, and so made them 
records. My lord, after that, the business was 
made known" to the council by myself, and upon 
Mprtjay Mr. Godfrey came to me, which was, 
I think, the 30th of September, and did tell me, 
what affronts he had received from some great 
persons, (whose names I name not now) for 
oeing so zealous in this business. And, my 
lord, he told me, that others, who were well in- 
clined to have the discovery made, did think 
that be had pot been 'quick enough in the 
prosecution, but had (been too remiss, and did 
threaten him* that they would compidln to the 
parliament, which was to sit the gist of Octo- 
ber folio wing. My Lord, that week before sir 
E. Godfrey was missing, he came to me, and 
told me, that several jfroplsh lorc-s, some of 
whom ate now in the Tower, bad threatened 



C 



m.~TrialofGw,hmtymdHm, [ttfg 

| him, and asked bias what be had to do with it. 
My Lord, I shall name their names wbentimv 
shall come. My Lord, this is all I can say : 
he was in a great fright, and told me, be wont 
in fear of his life by the popish party, and the* 
he had been dogged several days. 

Att. Gen. Did he tell you that be wan 
dopged ? 

Oates. Yes, he did ; and I did then oak hint, 
why he did not take his man with him ; be said 
he was a poor weak fellow % I then asked bin* 
why he did not get a good brisk fellow to at- 
tend him f But be made no great matter of it ; 
he said, he did not fear them, if they cense* 
fairly to work ; but yet he was often threatened, 
and came sometimes to me to give him tome) 
encouragement ; and I did give him what en- 
couragement I could that be would sotfer ia a 
just cause, and the like ; bat be would often 
tell me be was in continual danger of befog; 
hurt by them. 

Att. Gen. We desire Mr. Robinson may be- 
sworn. Which was done accordingly. 

Recorder. Pray sir, will you tell the eoai*> 
and the jury, what discourse you bad with sir 
E. Godfrey, and what apprehensions be bad 
concerning this business. 

Tho. Robinson, esq. (Chief Prothonotary of 
the court of Common pleas.) ' My lord, sir B. 
Godfrey and I were of a very ancieat ac~ 
quaintance for above forty years ; we wen 
bred up together at Westminster-school, and 
continued in that acquaintance all along, ex- 
cept in the times of the war, and were for many 
years together in commission for the peace, both 
for this county and this city. We met at the 
quarter sessions for Westminster, the 7th of 
October, which was Monday, as I take it, and 
meeting there, we went, after the court was op, 
and dined with the head bailiff, as the custom 
is; where sir E. Godfrey and I did discnurse 
several things about this Plot ; I said to sir BL 
Godfrey, I understand you have taken several 
examinations about this Plot, that is now made 
public : truly, said he, I have ; but I think I 
shall have little thanks for my pains, or some 
such words : saith he, I did it very unwillingly, 
and would fain have had it done by others. 
Why said I , you did but what was your duty to 
do, and it was a very good act : pray, sir, have 
you the examinations about you, will you please 
to let me see them ? No, I have them not, said 
he; I delivered them to a person of quality ; 
but as soon as I have them, you shall see them. 
But, said 1,1 should be very glad to understand, 
sir Edmundbury, that the depth of the matter 
were found out. I am afraid, said he, of that 
that it is not ; but discoursing further, he .said 
to me, ' Upon my conscience, 1 believe I shall 
be the first Martyr/ Why so? said I, are von 
afraid ? No, said be, I do not fear them, if they 
come fairly, and I snail not part with my lip 
tamely. Why do not you go with a man, said 
I, if youjiave that fear upon you ? Why, saijl 
he, I do not love it, it is a clog to a man. ' But. 
said T, von should do well to )coep a man ; f 
observe you never go with one. 



Att. Gem. Bet did he teR yoo, Sir, that he 
•tit) believe he should be the first martyr I 
JtotimoiK* Yes, he did say, Upon his coe- 
he did believe he should he the first 
tyr ; assst this is all I can gay sf this busi- 



Att. Gem. Then, if your lordship please, we 
will, in the next place, call Mr. Praunee, who 
was drawn in te he present at this business, 
and who knew of all the fact, and will give you 
an nooossnt of the whole matter. 

Then Mr. Praunee was sworn. 

Ait. Gen. Pray, Sir, begin at the^very be- 
ginning ; the meetings you bad at the Plough 
alehouse, and the sending to sir Edmundbury's 
home, and all the story. 

L. C. J. Mr. Praunee, pray tell as the first 
in n ti tes that were used to you to do this thing, 
and the first time it was mentioned ; who they 
were that first mentioned it, and where. 

Praunee. My lord, it was about a fortnight 
or three weeks before be was murdered, we met 
s e wal times' at the Plough alehouse. 

JL C. J. With whom ? 

Praunee. With Mr. Girald, Mr. Green and 
Mr. Kelly. Girald and Kelly did intice me in, 
and tatd me it was no sin. 

Recorder. Girald and Kelly did i 

JVsnmet. Yes, Girald and Kelly. 

Recorder. What are they f 

Praunee. Two priests : And they said, it 
was no sin, it was a ebaritable act -. They said 
he was a busy man, and had done and would 
da a great deal of mischief, and it was a deed 
of charity to do it ; and so they told the rest 



Alt. Gen. Where was it they said thus r 
Praunee. They said it at the Plough, and by 



Recorder. Well said. How long was it before 
he died? 

Prmmuce. A week or a fortnight before he 
was mnrdered, and Green, Hill and Girald met 
there together. 

AU. Gen. What discourse had you then ? 

Pramnce. There they resolved, that the first 
that could meet with him should give notice to 
tat rest to be ready ; and so in the morning, 
whan tliey went out on Saturday — — 

Att. Gen. But before yon come to that, do 
yea know of any dogging of him into the 

Prawnce. Yes, it was before that, I heard 
them say they would, and had dogged! him into 
the fields. 

L. C. J. Who did you he-.ir say so r 

Pmutte. Gtrald, Kelly and dreen. 

Att. Gen. That Green is one of the pri- 
soners. 

Aemrnter. Which way did they dog him ? 
what fields * 

Praunee. Red~tion*nelds, and those by Hol- 



4*. 0e». Why: did they not kill bhn there ? 
frmnee. Because thrj had not opporta- 



V.-^tk*Murikrtf$#E.Go4fry. [170 

Att. Gen. Do yon know'of any seeding to 
hi* bouse, or going to it ? 

Praunee. One time I do know of, and that 
was Saturday morning, Mr. Kelly came to give 
me notice, that they were gone abroad to dog 
him ; and afterwards they told me, that Hill or 
Green did go to his house and ask for him, 
but the maid told him, he was not up, and 
then went away, and said he would call by and 
by. 

Hill. What time was that in the reoratog F 

Praunee. It was about 9 or 10 o'clock in she 
morning. 

Hill. And had we been there before er 
after r 

Praunee. You had been there before. 

Recorder. Pray stay till such time as we hare 
done with our evidence, you shall have all free 
liberty to ask him any question j but /on must 
stay till we hare dene. 

Praunee. As soon as they heard he was 
within, they came out and staid for his eosniog 
out, and dogged him. 

L. C. J. Did all three of them go to his ' 
house ? 

Praunee. No, my lord. 

L. C. J. Who was it did go f 

Praunee. Only one, either Hill or Green. 

L. C. J. How- do you know that ? 

Praunee. They told me so themselves, fur 
they came to give me notice. 

L. C. J. Who told you so ? 

Praunee. It was Girald and Green both. 

L. C. J. Did Green tell you that he bad. 
been there ? 

Praunee. He told me one of them, but I am 
not certain which. And so, my lord, after 
that, when he came out they dogged him that 
day up andjiown. 

Mr. Justice Jonet. Who dogged him ? 

Praunee. Girald, Green and Hill dogged hioi 
into St. Clement's ; and about seven o'clock, - 
Green came and gave me notice, that he was at 
St. Clement s, and I came to Somerset-house as 
fast as 1 could. 

Z.. C. J. Where were you r 

Praunee. At my own house. 

I*. C. J. How far did yon live from Somer- 
set-Souse ? 

Praunee. J lived in Princess-street, not far 
from Somerset-house. 

Recorder. Who was it gave you notice f 

Praunee. It was Green. He told me. that 
Girald and Kelly were watching him, and that 
he was at St. Clement's, 

£. C J. Where was h« ? 

Praunee. At St. Clement's, my lord. 

L.C. J, Where there? 

Praunee. I was not there, (hey told me so, 
and no more; and about, eight or nine o'clock, 
Hill came before, up the street, and gave qs no* 
tice that we must be ready. And so^ my lord, 
as soon as HiH, had given us notice, he wen* up 
to the gate, and staid there till' sir £. Godfrey 
came by, and t^en told hin^ there were two 
men a quarrelling, and desired, bto to* come 
and try whether be could pacify them: be was 



171] STATE TRIALS, 31 Charles II. 1679.— IWafo/ Green, Berry, and Hill, [IK 



very unwilling. But pray, Sir, saith Hill, you 
being a justice of the peace, may qualify them ; 
and so he went down till he came to the bot- 
tom of the rails; and when he came to the bot- 
tom of Che rails, Green twisted his handker- 
chief, and threw it about his neck, and threw 
him behind the rails, and there throttled hitn, 
and punched him, and then Girald would have 
thrust his sword through him ; but the rest 
would not permit him, for fear it should dis- 
cover them by the blood. And about a 
quarter of an hour after I came down, and 
found he was not quite dead ; for I laid my 
band upon him, and his legs tottered and 
shook, and then Green wrung his neck quite 
round. 

Att. Gen. Who waajt that took him by the 
neck ? — Praunee. It was Green, my lord. 

L. C. J. Did you see him ? 

Praunce f No, but he did tell me afterwards 
that be did it. - 

L. C. J. Who, Green himself? 

Praunee. Yes, my lord, for he boasted of it. 

Ait. Gen. Pray what did he do to him be- 
sides ? 

Praunee. He punched him with his knee. 
* L. C. J. Did you see him do this ? How do 
you know be did it f 

Praunee. He and the rest told me so after- 



. L. C. J. Where were vou at that time the 
handkerchief was twisted about his neck ? 
' Praunee. As soon as I came down I went 
towards the gate. 

X. C J. Who ordered you to stand at the 
gate? 

Praunee. It was Hill. 

Mr.Serj. Stringer. You watched the water- 
gate, who watched the stairs ? 

Praunee. That was Berry. 

Recorder. Pray give an account what they 
did afterwards. 

Praunee. Why, afterwards—— 

Att. Gen. Who told you that Green 
twisted 1iis neck ? 

Praunee. AH spoke of it. 

Att. Gen. Did Hill r 

Praunee. Yes, be and tlie rest. 

Alt. Gen, How came vou to understand 
that he punched his breast? 

Praunee. Green spoke of it himself, and so 
did the others. 

Att. Gen. Who were about his body when 
you came down to the gate f 

Praunee. All four. 

Att. Gen. Name them. 

Praunee. Hill, Green, Girald, and Kelly. 

Att. Gen. Was Berry there r 

Praunee. He came to them a while after. 

Att. Gen. When ? 

Praunee. Before they carried him into the 
boose. 

Att. Gen. How pan you teQ that ? 

Praunee. Because be helped them to carry 
him in. 

' Sol. Gen. Where was Berry before they 
carried him into the bouse ? 



Praunee. Hw*was about the stairs. 
Recorder. W1m> was it that curried him op 
into the room ? 

Praunee. We all did. 
Recorder. Pray name all that were in the 
company. 

Praunee. Tliere was Girald, Greed, Hill, 
Kelly, B.rrj, and i. 
Att. Gen. Who set their hands to it ? 
Praunee. We all did help ; Hiil went be- 
fore and opened rjitr door, aud we carried him 
id to the room. 
Att. Gen. Whose room was that ? 
Praunee. It was a ' chamber^ of Hill's, in 
Dr. Godwin's bouse. 

Recorder. Was Hill Godwin a man ? 
Praunee. Yes, he had been. 
Mr. Justice Jones. Did Berry help to carry 
him in ? 
Praunee. Yes, Berry did. . 
Mr. Serj. Stringer. Was there any dis- 
course of a sword to be thrust through him at 
that time ? 

Praunee. Yes, Girald said he would thrust 
a sword through him ; but they would not let 
him, for fear of discovery. 
Ait. Gen. What became of the body ? 
Pruunce. It lay there till Monday night, 
and on Monday it was removed to Somerset 
House, and upon Monday night Hill did shew 
me it with a dark-lanthorn. 
Att. Gen. Who were in the room then? 
Praunee. Girald, and Hill, and Kelly, and 
all were there. And on Tuesday night it was 
brought back again : Mr. Hill would have car- 
ried him into his own lodging. . 

L. C. J. Whither did they carry him on 
Monday night ? 
Praunee. Into Somerset House. 
Just. Wild. In not Hill's chamber in Somer- 
set House ? 

Serj. Stringer. Describe the room, Mr. 
Praunee, as well as you can. 

Praunee. I am not certain of the room, and 
so cannot describe it. 

Just. Wild. But was not U ill's chamber in 
Somerset House ? 

Praunee. It is in the lower part of the 
house, in a court. 

Att. Gen. When you saw him in this room, 
pray what was thrown over him ? 

Praunee. There was something, I cannot 
tell what ; for I durst not stay long there. 
Just. Dolben. What light was there ? 
Praunee. Only a dark lanthorn. 
Att. Gen. Who carried it ? 
Praunee. Hill carried it. 
Just. Dolben. Are you sure you saw the 
body there ? 

Praunee. Yes, I am certain of it. 
Att. Gen. What became of it after that ? 
Praunee. On Tuesday night it was carried 
to. Hill's, the chamber where he was first 
brought after be was murdered ; but there v*a* 
somebody there, and so they could not carry it 
into the room, but they carried him into a room 
just over against, I think they were sir Job? 



MS] STATE TRIALS, 31 Chablbs II. 1679.-; for the Murder of Sir E. Godfrey. [17* 



AraaeWs lodgings, I cannot tell. There it lav 
qil Wednesday night, and about nine o'clock 
oa Wednesday night they were removing the 
body into the room where it first lay ; and I 
happened to come as tbey were removing it, 
aad they were- affrighted and rob away : Bat I 
spoke, and Berry came back again, and got the 
hod/ an into the room, and about 1 3 o'clock they 
earned it away in the sedan. 
Att. Gen. Who brought the sedan ?' 

Hill did. 

Who put him into it ? 

We all set onr hands to it. 

Who carried him out first ? 

I and Girald. 

Out of which gate. 

The upper gate of the upper court. 

How came you to have the gate 



Praunce. 
Att. Gen. 
Trounce. 
Att. Gen. 



Gen. 



Att 

P 

Att. Gen 
opened ? 

Praunce. 

Att. Gen 

Praunce. 
thesi«a« 

Att. Gem. Who was it that carried the sedan 
first ? — Prmunee. I and Girald. 



Berry opened it. 
How came be to open it ? 
Somebody hem'd, and that was 



Att. Gen. 



Recorder. 

Prmunee, 
we rested. 
■ Att. Gen. 

P ran nee. 
Alt* Gen. 



Who went before ? 
Green and KelJy. 

How far did you carry him? 
Into Coven t Garden, and there 



And who took him up then ? 
Green and Kelly. 
How far did they carry him ? 
Prmunee. They carried hi«n to Long- Acre. 
Then we took him up, and carried him to 
Soho church, and there Hill met us with an 
horse, and we helped the body up. 
Att. Gen. Who was it that rid behind him ? 
It was Hill. 
What did you do with your 



Att. Gen. 

? 
Praunce. 



We set it in a new house till we 



again. 
You 



say you saw him on horse- 



C.J. 

? 

Prmunee. Yes my Lord, I did. 

JL. C. J. How, in what posture ? 

Praunce. Astride ; his legs were forced 
, and Hill held him up. 

HiU. Did I hold him? 

Praunce. Yes, you did. 

L. Q.J. Did the others go with him ? 

Praunce. Yes, my Lord. 

L. C. J. Who did go with him ? 

Prmunee. Green, Hill, Girald and Kelly. 

Att. Gen. Pray, will you tell my lord and 
the Jury, what account they gave you the next 
aiorning concerning the body, aod how they 
had disposed of it. 

Pmrnnce. They told m e 

L. C. J. Wlurmid you ? 

Prmunee. Hill, Kelly and Girald. 

L. C J. What did they tell you ? 

Prmunee. First, that they had run him 
through with his own sword ; then throwo him 
iato a ditch, and laid his gloves and other 
things upon the bank. 



Att. Gen. Pray tell now the story of your 
meeting at Bow. What was the house called 
you met at? 

Praunce. It was the sign of the QueenV 
Head. 

Att. Gen. Who was it that did meet there? 

Praunce. They were priests ; I cannot so 
well remember their names, they are written 
down in this paper. 

Recorder. Look on the paper yourself; you 
can read, I suppose ? 

Praunce. There was one Luson, a priest, I 
think. \ 

Att. Gen. Where did he live ? • ' 

Praunce. He was with Vernatt. 

Att. Gen. What was the occasion of your 
meeting there? 

Praunce., . Vernatt told me it' was only to 
be merry there. 

Att. ben. What was the man of the house 
his name ? ^ 

Praunce. One Casshes. 

Att. den. Did you dine there ? 

Praunce. Yes. 

Att. Gen. What had you for dinner? 

Prmunee. We had a barrel of oysters, and 
a dish of fish : I bought the fish myself. 

X. C. J. What day was it ? 

Praunce. The Friday after the Proclama* 
tion, that all the papists were to be gene out 
of town. 

Recorder. Tell what company you had 
there, and what discourse. 

Praunce. There was Mr. Vernatt, and I, and 
Mr. Girald, and that other priest, and one Mr. 
Dethicke. 

Att. Gen. Who sent for him ? 

Praunce. Mr. Vernatt sent a note for him 
by a cobler. 

Att. Gen. Did he come upon that note ? 

Praunce. He came presently. And when 
he was come, then they read all the writing of 
the murder ; for Mr. Vernatt should have 
been one at the doing of it, but something hap- 
pened be could not. 

Att. Gen. Mr. Vernatt was very sorrowful 
at the reading of it, was he not? 

Praunce. If he was, it was because he was 
not there. 

Att. Gen. How did he behave himself? 
Did he read it with any pleasure and delight ? 

Praunce. We were all very merry. 

Att. Gen. What can you say about any 
bodv's over-hearing you ? 

Praunce. There was a drawer came and 
listened at the door, and I bearing the door a 
little rustle, went to the door, and catched him 
listening ; and said I to him, sirrah, I could 
find in my heart to kick you down stairs ; and 
away be went. 

Just. Wild. Was Vernatt with you there 
that night he was murdered, the Saturday night? 

Praunce. No ; there was only the six I have 
named. 

Just. Jones. You say that you met at the 
Plow the first night ? '. 

Praunce. Yes, 



175] STATE TRIALS, 51 Chauks II. \679.~Trial qf Green, Berry, and HIU, [WO 

X. C. J. How ? 



fust, JEJNssf. And there job were told, that 
it was a very charitable act to kill iir E. God- 
frey? 
..JVeasre, Yes, I was so. 

Just. Jane*. Was it agreed there that he 
should be killed? 

Preaacc. It was agreed there; and the 
first that met him were to give notice to the rest. 

Just. Jonei. Who were there ? 

Prewaes. Girald, Kelly, Green and I. 

X. C. J. When came Hill and Deny into 
this cause ? How came they acquainted with it ? 

Praunce. They were in it before I. 

X. C. /. Who told you they were in it ? 

Praunce. Mr. Girald, my ford, told me so. 

Just. Jones. Hill and Berry were not at the 
Plow, where did you first hear them speak of it? 

Praunce, Girald and I ha?* been at Berry's 
house divers times. 

Just. Dolben. But there were two meetings 
at the Plow, were there not? 

Praunce. Yes, there were. 

Just. Dolben. And Hill was at the last meet- 
ing, was be not ? 

Praunce. Yes, he was, my lord. 

Att. Gen. Now I would ask you this question 
Ly the favour of the Courtywas there any reward 
proposed by these priests for the doing of it ? 

Praunce. Girald and Vernatt did speak of a 
gpreat reward that was to be given for it. . 

Ait. Gen. Pray, how much ? 

Praunce. I do not remember what. 

Att. Gen. Cannot you tell how much ? 

Praunce. There was to be a good reward 
from my lord Bellasis, as they said. 

Justice Dolben. You had several meetings, 
you say : Did you there resolve what should 
be the way of doing it ? 

Praunce. Girald was resolved to kill him 
that night ; and if he could not set him into a 
more convenient place, be would kill him with 
his own sword, in the street that leads to his 
own boose. 

Recorder. Who'was that that resolved so ? 

Praunce. It was Girald. 

Recorder. The priest, rather than rail, was 
resolved to do that act of charity himself. 

Ait. Gen. I would now ask you a question, 
which though it does not prove the persons 

ev, yet it gives a great strength to the evi- 
*. Do you know Mr. Bedlow, Mr. Praunce. 

Praunce. I do not know bias. 

Att. Gen, Had you ever any conference 
with him before you was committeo to prison ? 

Praunce. Never in all my life. 

Ait. Gen. Were yon ever in his company 
in your list before, that you know of? 

Pwaunee. No, not that I rem em b er. 
. At$. Gen. Wall, you shall see how fw he will 
agree with you. 

Recorder. Now they may ask bin any ques- 
tions, if they please* for we have done with him. 

L. C+ J. Let them if they will. 

Hill. My lord, in the first place, I humbly 
paay the* M*« Praiinee's evidence may not 
stand good against mc, as being p asture d by his 
own confession. 



Hill. I suppose, my lord»it is not unknown to 

SMi that be made such an open confession ba- 
re the king. 

JL C /. Look you, sir, I will tell you far 
that, I do not know that ever he made a con- 
fession to contradict what he had said upon his 
oath.-— Hill. He was upon his oath before. 

L. C. J. Yes, he bad-accused you upon oath ; 
but afterwards, you say, he confessed that it 
was not true, but that confession that it was not 
true, was not upon oath : How is he then guilty 
of perjury ? 

Hill. My lord, if a man can swear a thing 
and after deoy it, he is certainly perjured. 

X. C. J. If a man hath great horrors of eon- 
science upon him, and is rail of fears, aod the 
guilt of such a thing disorders his mind, so as 
to make him go back from what he bad before 
discovered upon oath, you can't say that man 
is perjured, if be don't forswear it : But I be- 
lieve no body did believe his denial, because 
his first discovery was so particular, that every 
man did think his general denial did only pro- 
ceed from the disturbance of bis mind. Bot 
have you any mind to ask him any questions? 

Recorder. We can' prove, that immediately 
after he retracted bis recantation. 

Justice Dolben. Try if you can trap him ta 
any question. 

Hill. Pray what boor was k that I want to 
sir Edmundbury Godfrey's ? 

Praunce. About nine or ten o'clock, I am 
not certain in the hour. 

X. C.J. No, no, a man cannot be precise 
to an hour ; but prove you what you can. 

Hill. I have a great many witnesses, besides 
the justice of my cause, that I was not wot of 
my house that day. 

X. C. J. You shall be heard for that ; bat the 
present matter is, whether you will ask him amy 
questions or no ? 

Hill. My lord, it is all false that lie says, nod 
I deny every word of it, and I hope it shall not 
not be good against me. 

L.C.J. Well, Mr. Berry, will you ash faim 
any questions? 

Berry. Mr. Praunce, who was in my bosses a 
that time you speak of? 

Praunce. There was your wife there, and sc 
vera! other persons besides. 

Berry. Who were they ? 

Praunce. There were divers people ; ifcia a 
ale-house. 

Berry. But who? Can yon nam* **\y < 
them? 

Praunce. There was Girald, and KeDy*wj>el 1 

X. C. J. Why, dUt yon not all know* M 
Praunce? 

Berry. My lord, I knew him an be 
up and down m the house* 

X. C. X Why, what answer is the* ? 
do you mean by his passing up and d« 
the house ? did you never drmk with him f 

Berry, Drink with kirn* my lord I Yetsv 

JL C. J. Yea? wiry people dWt oat te> drii 
as they go along, ft 



wfa 



177] STATE TRIALS, SI Chau.es IK im.~Jbr the Murder tfStrB. Gotfrty. [178 

Berry. It was in other company that came 
to raj boose, no acquaintance of mine. 

L. C. Jl ' Was not Mr. Praunce known by 
joa all three ? which of yd a can deny it ? what 
sayyoa, Hill ?, 

&*/£. My l*»rd, I did know liiro. 

L. C. J. What say you, Green ? 

Green* Yes, I did know him. 

Atl. Gen. But yet, my lord, we shall prove 
ia the coarse of our evidence, that upon their 
examinations, they did deny they ever knew 
him; but because the prisoners give us this 
occasion, I desire Mr. Praunce may give an 
accoont of one thing. I|e was concerned in 
this very fact, and there was no other way to 
get any proof of it, than by the discovery of 
one. among themselves. He was- once of that 
religion, or else he bad never been concerned 
jo this thing. And your lordship will find that 
Jfr. Praunce, while he was of that religion, 
tad not sure of his pardon, was under some dis- 
turbances and fears, which prevailed with him 
to come before the king, and deny what he had 
sworn. But, my lord, which is very observa- 
ble, this geotieroan that hod made that denial 
before the king, was so far convinced that he 
had done amis* in it, and so troubled that he 
had done it, that he desired captain Richardson 
fas soon as he returned back to prison) to carry 
him back to the king again ; for he must go 
back and make good that confession which he 
at first bad made ; for it was every word true. 
And being for the king, we desire captain 
Richardson may be sworn. 
, Justice Wild, Can yon tell where sir £. 
Godfrey was dogged ? 
. Prmuue. No, my lord, I cannot. 

Justice Wild. You say they did tell yon, that 
they dogged him up and down : Did not they 
tell you from whence they dogged him, when 
they killed him I 

Praunce. No, they did not. 

L.C.J. Mr. Richardson, were yon by, 
when Mr. Praunce denied all that he bad con- 
fcssed? 

Captain Richardson. My lord, upon the 
Sunday night before the prorogation of the last 
parliament, I received a letter from one of the 
lords of the council, to bring up Mr. Praunce 
before the lords of the. committee for liiavesn* 
snieatton. When I brought him thither I found 
Mr. Praonce was disturbed, and desired to 
sneak with the king ; and I carried him into 
the king's closet, where he fell down on his 
knees, and said, * He was innocent, and they 
'were all innocent ;' and that was the, sub- 
stance of all he said. I then had him ap to the 
council, where he said- the same thing. The 
lords asked him, whether any body had been 
tanaering with him ? He answered* No. My 
lord, when I came borne, I was no sooner got 
within the doors, but he. begged of me, for 
God's sake, to go back to the king* and to ac- 
quaint him, not only that what he had now 
said, was false; but that all which he had 
sworn before, was 'troth* And if his majesty 
woahJ send him a pardon, he would make a 

TOL. V*II. 



great discovery. And, my lord, more than 
that, he said, It was fear that made him ***• 
cant ; and he gave a full satisfaction, Chat it 
was only out of an apprehension that his life 
was not secure, that his trade would be lost 
among the Roman Catholics ; - and in case ha 
had his pardon, and wen saved, be shoaid 
have "been in danger of being murdered by 
them. 

L. C. J. Now you have an account, Mr. Hill, 
bow he came to deny, and how soon be recant* 
ed his denial. 

Justice Jones. Yon are upon your oath^Mr* 
Praunce :' Is this all true that he hath said f 

Praunce. Yes, my lord, it is. 

Recorder. How hath he behaved himself 
since that time ? 

Captain Richardson. As soberly as can be, 
since be had his pardon; 

Ait. Gen. Pray, since that time, have you 
had any discourse with him ? Aad how did he 
carry himself? 

Captain Richardson. Very soberly. 

Att. Gen. Did he express any abhorrence of 
the practice of that church? 

Captain Richardson. Yes, my lord, he did 
so. 

Att. Gen. I hope it will make all people 
abhor and forsake them in time, if these be 
their practices. In the next place, my lord, 
we will call Mr. Bedlow, who, though he was 
not present at the murder, yet he saw the body 
after it was dead in Somerset- house, which 
goes to the matter as to the place ; and be 
will give you some circumstances which will 
very much corroborate the testimony of Mr. 
Praunce. 

Justice Wild. What time was it before 
they carried him in, after they bad killed him I 

Is. C. J. Brother, I think they say, between 
eight and nine they decoyed htm through the 
water-gate. Was it not so ? 

Praunce. Yes, my lord. 

Justice Wild. How long had they killed him 
before they carried him into the room ? 

Praunce. About a quarter of an hoar. - 

Justice Wild. Had he bis sword about him ? 

Praunce. Yes, it was found run through - 
him. 

Justice Wild. Did sir £. Godfrey himself 
draw his sword ? 

Praunce. No, he was strangled by surprise, 
by getting a thing about his* neck, and prevent- 
ed him of drawing bis sword. 

L. C. J. They were persons that were ready 
prepared for him, they would riot permit him to 
defend himself. 

Serjeant Stringer. My lord, before Mr.' Bed- 
low be sworn, I desire a' little to open what we 
call bim to. My lord, there were four priests ' 
that did design this murder; Le Fair* and 
Welsh, and Girald and Kelly, besides the other 
priests ; and they treated with Mr. Bedlow for 
4,000/. to undertake to kill a gentleman. My • 
lord, he did promise to undertake it, but fail- 
ing of his promise, afterwards Le Fair* snet 
hiiu, aad told bin it was done : and tofcr him 

N 



K9) $E4TB7RiA^3tGtt»A^ [Ma 

be should live half- $et rewaud to kelp ta 
wrykita off; and withal, carried him mta the 
mom. when the hodj was. And be will tell 
you Ibat Praunce was in the room when he 
saw him ; and though.be never knew Praaace 
before, yet when he met him in the lobby of the 
lards? Hfuise, he knew kirn again* and; charged 
fejm as the n*in. that com nutted this fact. And 
he will acquaint your lordship, that Le Faire 
$jiw, the body bkiwiae, and gave Mr. Bt dlow 
an account of ilic> murder, with the same cir- 
cumstances that Prauoce now relates it. 

Tbcn Mr. Bcdfow was swor,n. 

Recorder, Mr. Bedknv, pray do you direct 
J»ttr. discourse tfr the Jtney. 

X. C. J. Mr. Attorney, pray d» you ask him 
yper questions* Uwt you. may put him. in that 
method you would have him tab*, to give his 
ejwieAce* 

AU* G*n* My loroV I would, first ask him 
this question : What conference he had with 
any person*, pfciests of others, about murderieg 

afr^bady? 

Bedlow. My lord, and die .Jury, I have at 
other tama% and in othec places, proved what 
familiarity I have had with the priests and Je- 
suits;, and if- 1. have not satisfied the Court and 
otheis, about it; yet I have done my duty in en- 
dflamaurieg so to do* My lord, I hire been se- 
veral time* treated with, not only about the 
piot, but by. several persona about murdering of 
a, gentleman. They never told me who it was 
that was to- be murdered ; but if I would an* 
dlutalae it, they, thai, is; tie Faire end Pritchard, 
and. Mr* Haines, and several other priests, who 
discoursed with me about it, would find out 
some to assist me, and. my reward should be 
vera considerable. 

X. C.J. When wet this? 

Btdkm. It was in October last, about the 
beginning, or the latter end of September. 

X. C. J. Well, Sir r go on. 

Bidiam. I did adhere to them- all along, for 
I had a mind to discover two years ago, bet 
was prevented ; and L only drilled them on, to 
knew the party, tfaet I might prevent them. 
Bat. they would never discover the party* 

Att. Gen. Pr'ythee come to this particular 
part of the story. 

Bedlow. Afterwards they -set me to insi- 
nuate myself into the acquaintance, of sir £. 
Godfrey, not telling me they had a. desigtuipon 
him. 

i*e,j. who did? 

Bedto*. Le Faire, and Pritchard, and 
Welsh. 

X. C. X Girald was not one, was he ? 

Bedkm. No, my lord : But they told me, 
that afterwards they would have me introduce 
them into his acquaintance t And I had been, I 
think, six or seven days together with sir £. 
Godfrey, at his house ; and had got much into 
his acquaintance. 

-Justice Wild. By what means did yon get 
inje* his acquaintance ? 

Bedlam. Why, I pretended to get warrants 



for the good behaviour against, persona, tkat 
there were none such. 
X. C. J. Well, and whet then i 
Bcdlow. This was the week before theSator^ 
day that he was killed ; and I was there every 
day but Saturday : On the Friday I went ta the 
Greyhound tavern, and I sent my boy to see if 
sir E. Godfrey were at home : sir E. Godfrey 
was not at home then. 
•X. C. X When was that ? 

Bedlow. The very day before he wea kitted? 
If he had been at liome, I would have goee 
over to him, and would hare desired him to g*> 
over to> them. 

X. C. J. Were the priests there ? 

Bedlow, Yes, my lord, there wae Pritciiard,. 
and Le .Faire, and Welsh tfud Kaines, and 
another ; five Jesuits : And, as I said, I sent; 
my boy to see if he were at home, and hW 
brought me word be was net ; and if he bad, 
i was to hare gone to him, to have fetched? 
him thither, that they might insinuate them-* 
selves, iuta his acquaintance : And indeed they 
had tongue enough to wheedle themselves nueV 
any one's acquaintance : So he not being at- 
liome, we came into the city, two of she Je* 
suits and I. 

Att. Gen. Which two ? 

Bedlow. Le Faire and Welsh. The neat; 
morning Le Faire came to my chamber, and I 
wee not then within ; but by accident, I me* 
him, about four of the dock, iivLincolnVIoo- 
Fields* We went to the PalsgrareVHead 
taveru ; where falling into discourse, he told- 
me there was a gentleman there that was to be) 
put out of tbe way, that was the phrase her* 
used, he did not really say murder him; for 
they do not coont it murder, 

is. C. J. No, no ; they put it into softer * 
terms. 

Bedlow. They told me it was to be done* 
to-night. I asked who it was ; they said it 
was a very material man : For he had all the 
informations, that Mr. Gate* and Dr* Tengoe- 
had given in ; that several had been empfovedV 
in the doing it; that several attempts bad 
been made, and that they had missed severer 
opportunities, and had not done it till then ; 
but if he should not be taken out of tbe way, 
and the papers taken from him, tbe business 
would be so obstructed, and go near te be die*- - 
covered, to that degree, that they would not be 
able to bring this design to pass, bat must stmy 
till another age before they should effect it. 
I asked him again, who it was ; he said tie 
would not tell me, but it was a very materiel' 
men. I told him, that according to my pro- 
mise, I would assist : but in such a ease, T 
should need a great many men to be with me, 
he being so considerable a person. I asked ' 
him then, where the money was, that was for* 
merly promised ? He told me no worse a man 
was engaged in it, than my lord Bellasis, and 
Mr. Coleman had order to pay it. 

Justice Jtinei. What was the reward ?• 

Bedlow. Four thousand pounds. 

X. C. X Who was it that first named this 




tWl STAR TWALS, $) Chaixes II. IJffftHrV the MufdcrqfStr E. Gbflrej. % \\+& 

they thought I had not known him. 1 diked 
who it was, they said it wh,» wan that belong- 
ed to a person of quality. I «u mightily 
struck nnd daunted when I knew him : I woufd 
fiii a hate persuaded them to hare tied weighs 
at his head nnd feet, and thrown him into tht 
river ; and afterwards I would liave dragged 
for him* and took him up there. But they dzfl 
not think that so safe t No (said they), we will 
put it upon himself there are none but friends 
concerned. I asked Le Paire bow they should 
5*t him out ? They said, in a chair. l*hen I 
asked them, which way they would get mat 
into tike dhnir, and out of the gate ? They Said 
the porter was to sit up to let them out. 
Recorder. What porter r 
Bediow. The porter of the house 
Recorder. Who, Berry I 
Bediow. Yes : As for that Hill, or tire ol«L 
man, I do not know that I ever had any par- 
ticular knowledge of them; but only I looked 
upon them as ill designing men, seeing them 
in the chapel. 

L.C.J. Did you ever see ever a one of tht 
three prisoners there at that time ? 

Bedlem. No, my lord : But I have such a 
remembrance of faces, that I could tell if % 
•aw them again, any that I did see there, 
though the light was but small. They told me, 
They had strangled him ; hut how, I did not 
know. When they pressed me to help to carry 
him out, I then excused myself, "and said, ft 
was too early to carry him out yet ; but about 
eleven or twelve o'clock would be a better 
time. And I assured them I would comb 
ngam. Said Le Fuire to ine, ' Upon the sacra- 
ment you took on Thursday, you will be at the 
carrying off of this man at night ? I promised 
htm I would. And be went uway^ and left tub 
there. I made what speed away I coald, for 
1 was very unsatisfied in myself; having so 
great a charge upon me, ai the sacrament oft he 
altar* which, after the discovery of the plot, was 
administered to me twice a week to conceal 
it. I coald not tell bow to discover it : I went 
then to Bristol, but very restless and disturbed 
m my mind; and being persuaded by wha$ 
God was pleased to put into my mind, calling 
to re m e mb rance that some murders had seen 
already committed* tnd greater ones were 
daily intended, I Wat at last convinced and 
coald no longer forbear discovery. I wrote to 
the secretary of it, and went lb the parliament 
and gave in my information. And one day I 
met with Mr. Pretence in the lobby, and knew 
him, and apprehended him. 

Ait. Qih. I will ask Jou one question. Had 
you any discourse with Mr. Praunce between 
the tinle ydu saw him with the bod£, aba 4 the 
day he was apprehended ? 

Bsdhw. No j t never saw him to this day, 
to have any converse with him. 

Justice WM> Did not ton see Hill that 
night, when you were to have carried him 
away? 

BddvMD. No, m? lord. 
JuricglfitaV Nor Crteb^no¥ Berry? 



erw d es san to yon Us be) sir Edmimdbary Goer- 

Bedim. They never named him to roe 
ataJL 

JLC J. Let us know when yon first knew 
it to be sir Sdmwmibury Godfrey ? 

Bedhw. I parted with him then, but came 
not a c cor d in g to my promise. I was to meet 
aim at the cloisters at Somerset-house that 
tigs*: bat I knew their design was to murder 
D swj cuudy , and I would not come. I taw him 
bo snore oil Mowday mgbt ; theu I met him in 
Bed- Lion-Court, where be put up his cane to 
ass nose , aw who sbousd say, I was to blame in 
not keeping my promise. And we weat toge- 
ther to the Greyhound tavern in Fleet-street, 
where he charged me with my breach of pro- 
I tutd mm I was taken up by other 

merry* and enless they would tell me who it 
I was to kill, I would have no hand in it : 
For I eld not know but that h might be my own 
particular friend. And I would not morder 
any private person, wntesa I knew who it was, 
asm for what reason. Well, says lie, we will 
td) you more anon if you meet me to-night at 
SeuwAseMiouse, at nine o'clock. I did meet 
him exactly at that time in the cloisters, where 
we walked, and talked a great while. And 
then he took me into the middle of tbe courts 
anil told me, you have done ill, that you did 
not help in ihts business ; bat if yon will help 
to carry him off, yon shall hate half the reward. 
Why, said I, is he murdered ? Yes, said he. 
May I not set) hhn, said i ? Yes, you may, sard 
he ; anal so took me by the hand, and led rte 
into the room through a dark entry. In the 
room were a great many, I cannot tell who 
they all were. 

Att. Gen. How many were there ? 

Bediow. There might stand a great many 
behind one another. I saw four or five. 

JmtoctJomru What kind of a light bad they, 
Mr. Praunce ? 

Prtmnee. It was a middle sited lanthoro. 

Justice Jesus. Was * a emaH light* er a great 

light? 
Bediow. It was a small light. 
Jaetset Jbnea. Had they no light but that 

Bediow. No : Add they did riot open it till 
I had had a turn about the room. 

L. €. J. Did they diseovrse df carrying hind 

Bedhw. Yes, they die. 

L. C. J. Dili yoa know liioa, whom he lay 

? 
Bediow- Yes, your lordsliip shall bear how 
sokawwhnu: One tiered to the body ; 
off oh* thing that la) upon him, and 
it and looked apod hint; and he had got 
about bis neck each ft kind of a fashioned cravat 
aa this about dry neck ; and I wont to try, and 
coald not gdt ay finger in betwitt : So i saw 
him, his besom wee sal eeeir> and 1 knew him 
prehBttry; for those Jesuits that were there, 
were not the** wbw hail esnpioyed me to ibsi- 
ume mjself m** *■* w e ^awM a n cij and so 




168J STATE TRIALS, 31 Charlks JJ. 1679 Trial & Green, Berry, andlW, [1S4 



Bedlam. Green I did see about tbe coort, 
and Berry, I was told, was to open the gate 
that Monday night. But, my lord, when they 
found I did not come again, they desisted that 
night, and kept it off longer, for fear I should 
come again to stop them. 

Att. Gen. lie did not refuse to help them, 
bat promised to do it, and tidied : And they 
finding tliat he had failed them, would not let 
the body Ke where it was, for fear of discovery, 
hut removed it back again. 

Justice Dolben. What did Praunce say, 
when you first took notice of biui ? 

Bedlow. I understood afterwards that he 
"was taken upon suspicion, because at that time 
lis maid had made a discovery, that he was 
about that time out of his lodgings. And 
while he was there in the constable's hands, 
Mr. Oates came by, and he desired to see him; 
and presently after I came thither, and the 
constable asked him, Mr. Praunce, will you 
see Mr. Bedlow ? No, he said, he would not : 
Then he put his hat over his eyes, that I migbt 
not see his nice, and kept it so. The press 
keing great, and being desirous to be private 
myself; I spoke to the guard to put out all that 
had no business there^and they cried out, that 
all should avoid the room, but Mr. Bedlow 
and hjs friends. And when he was going out 
with the rest, be lifted up his hat, to see his 
way ; and though before I did not mind him, 
yet 1 happened at his passing by me, to cast my 
eyes upon his face, and presently knew him, and 
cried, Oh 1 pray, sir, sjay; you are one of my 
friends that must stay here. And I presently 
charged my guards to take charge of him. Saith 
the constable, be is my prisoner : Is he so ? said 
I; then you have a very good prisoner, and 
pray look safe to him. And then when I went 
into the House of Lords I made out my charge 
against him. 

Recorder. Now if tbe prisoners have any 
questions to ask Mr. Bedlow, they may have 
ire* liberty to do it. 

HitL I never saw him before in my life. 

X. C J. Do you know any of them ? 

Bedlow. I know Mr. Berry and Green very 
well. 

X. CL J. Pray, Mr. Praunce j was the dark 
laothorn at Hill's lodgings, or at the other place; 

Praunce. At tbe other place. 

JL C. J. .Look you here, Mr. Praunce; they 
carried him to Hill's on Saturday night, and be 
lay there till Monday night : what time on 
l&oodey night, was it that they removed him 
into Somerset-House ? 

Praunce, I was not there when they did re- 
wove him. 

X. C.J. Whet time did yon see him there r 

Praunce. About nine or ten o'clock. 

X. C, J. What time was it that you saw him 
there, Mr. Bedlow ? 

Bedlow. It was after nine, my Lord. 

Praunce. They had then removed him to 
Somerset-House, and Mr. Hill asked what they 
intended to do with the body ? l*hey said, they 
would ctarj i* out that night; hut they did Dot. 






But there the dark lanthorn was, and ou Tues- 
day night they removed him back again. 

Att. Gen. Now, My Lord, if you please, we 
shall go on to call some witnesses that were not 
present at the murder; for direct evidence, as 
to that, came onl) out of the mouth of some 
that were concerned in it ; but to corroborate, 
by concurrent circumstances, the testimony 
which hath been already given. And first we 
shall call the constable, to prove that he found 
Sir £. Godfrey in the field*, in the same man- 
ner which Mr. Praunce says they told him they 
left him. 

X. C. J. Mr. Attorney, you promised you 
would prove, that when these persons were ex* 
amined, they did deny before tbe House of 
Lords that they knew Praunce. 

Ait. Gen. My lord, in that we were mistaken. 
I understand now, it was only Berry denied 
that he did know Girald. 

X. C. J. Why, did yon never know Mr. Gk 
raid? 

Berry. Never in my life. 

X. C. J. Mr. Praunce, have not you seea 
Girald with Berry. 

Praunce. Yes, I have, but they usually went 
by several names. 

X. C. J. Did you ever see Girnld in Hill's 
company?— Prartnre. Yes, that 1 have. 

X. C. J. Was there no centinel set that 
Monday night, that Saturday uight, and that 
Wednesday night ? * 

Praunce. My Lord, I am not certain, I took 
notice of none ; if there were any, they were 
at Berry's house, and be opened the gate when 
we came out with the sedan. 

Att. Gen. Mr. Berry, I suppose, could take 
order with the centinel, and give them some 
entertaiumeut in his own lodge. 

Then Mr. Brown the Constable was sworn. , 

Recorder. Pray, in. what posture did you find 
sir E. Godfrey ? 

Brown. I fnund him my Lord, in a ditch, 
with his sword through him, and the end of it 
was two hand fulls out of his back. 

X. C. J. Was lie bloody ? 

Brown. There was no blood at all, there was 
no blood in the ditch. 

X, C. J. Was the sword sticking in his bod j ? 

Brown. Yes, my -Lord, but there was no 
blood at all when it was taken out ; they bad 
run it into another place, but that happened to 
be against a rib, and so it could not go through ; 
but theat was no blood there. 

Justice Jones. Were there any bruises on his 
breast? , . 

Brown. He did look black about the breast. 

Att. Gen. My Lord, I would ask whether 
his neck were broken ? 

Brown. Yes I suppose it was. * 

X. C X How do you know it ? 

Brown. It waa very weak, and one might 
turn his bead from one shoulder to the other* 

L. C. J. Where was bis stick and glovet* 

Brown.- They were on tbe bank-side* 

JL C. J. Whose iwoutwastfi 



16S] STATE 1WA1A SI Chailbs II. HI79*-/«r the Murder fSrIL G sn fky . [*** 



ts said it was hit own. 



Hm 
Att. Gesu Pray, had he any money in his 



Ycs{ a great deal of gold and silver. 
L & J, Ay, ay, for they count theft tin but 



Wskni $her left that, to let men thiok 
fcnanderedMatieaf. 

L C. J. Well, wiQ yooaak this witoessany 
qieaioes before be goes? 

Ctet Rtchardson. They say they will ask 
hmabne. 

Att. Gen. Then we desire to call the chirur- 
poss that ? iewed and opened the body, Mr. 
SUbrd, and Mr. Cambridge. Both whom 



Att. Gem. We begin with Mr. Skillard: 
ftsy, sir, iaformaoy Laid and the Jury, did yon 
a* the body of sir £. Godfrey ? 

SkilLrd. Yes, I did view the body. 

Ait. Gen. When ? What time did you see it ? 

SkUUrd. About twelve of the clock. 

Att. Gen. What day of the week was it ? 

SkiUsrd. On Friday, the next day after be 
wisfoQod. 

AlL Gen. Did you observe bis breast ? How 

wait 

ShlUrd. His breast was all beaten with 
•one obtuse weapon, either with the feet, or 
bss\ or somet hing. 

Att. Gen. Did you observe his neck ? 

Skillard. Yes ; it was distorted. 

Ait. Gen. How far ? 

SkUUrd. You might have taken the chin, and 
km set it upon either shoulder. 

Att. Gen. Did you observe tbe wound ? 

Sktilard. Yes, I did : it went in at one place 
ud Hopped at a rib, the other plaee it was 
ssite through the body r 

Alt. Gen. Do you think be was killed by 
tint wound? 

SUUard. No; for then there would have 
beta tome evacuation of blood, which there 
*v sot And besides, his bosom was open, 
tod he had a flannel waistcoat «nd a shirt on ; 
ud neither those, nor any of his clothes were 
P»su«ed. 

AtL Gen. Bat are yon sore 'his neck had 
»» broken ? 

&*llard. Yes, I am sure. 

Att. Gen. Because some have been of opt- 
^thtthe hanged himself 7 and his relations, 
toaavw sua estate, run him through; I would 
^Mtoasktecharttrfeon what he thinks of it. 
JwlW. There was more done to his neck 
t J»*w ordinary sutibcation; the wound went 
J«*sgh hm »ary heart, and there would. have 
■Ppasuii tome blood, it* it had been done 
Wlj after his death. 

Ak. Gen, Did it appear bv the View of the 
■*£> that he was strangled or hanged ? 

Sfcuwrd. He was a lean man, 'and his mus- 
ncs, if he had died of the wound, would have 
tea Ungjd: And then again, all strangled 
gople never swell, because there is a suddea 
Jpmatipn of all the spirits, and a Hindering of 
•1 escalation of the blood. 



Att. Gen. How long do yon believe he 
might be dead before you saw him? 

Skillard. I believe fear or five days* And 
they might have kepc.him a week, and he never 
swelled at all, being a lean mao. And when 
we ripped him up, he began for to petrify; we 
made two incisions to give it vent, and ihe< li- 
quor that was iu his body did a little smell. 
The very lean hesli was so near turned into pa* 
trefaetion, that it stuck to tbe instrument when 
we cut it. 

Recorder. My lord, here is another chirur* 
geou, Mr. Cambridge. Fray, sir, are you sworu ? 

Cambridge. Yes, I am. 

Recorder. When did you see the body of 
sir £. Godfrey ? 

Cambridge. Upon Friday, tbe very sasae 
day the geutteman did. 1 round his neck dis- 
located, and his breast very much be at e n -and 
bruised. And. I found two punctures under. bis 
left pap, the one went against the rib, and the 
other quite through the body under the left pap. 

Att. Oen. Do you believe that wound was 
the occasion of his death? 

Cambridge. No; I believe it was given 
him after his death. 

L. C. J. And bis neck was broke ? 

Cambridge. His neck was dislocated, sir.. 

Att. Gen. Why, that is broken. Now my 
lord, we shall call wr £. Godfrey's maid, Elian* 
beth Curtis. Swear tier. Which was done • 

Recorder. Your lordship knows, that Mr: 
Praunce did say in tbe beginning, that they had 
been several times at his house, enquiring for 
him : Now we call this person to tell you what 
she knows about that. f 

Att. Gen. Elizabeth Curtis, look upon the 
prisoners, and tell my lord and the Jury whe- 
ther you know any of tbein or no. 

Eliz. Curtis. This man that I now heat 
called Green, my lord, was at my master's 
about a fortnight before be died. 

L. C.J. What to dor 

Eliz. Curtis. I do not know, bnt he asked 
for sir £. Godfrey. 

X. C. J. What time of the day was it? 

Eli*. Curtis. It was in the morning. 

Att. Gen. What did he say ? 

Eliz. Curtis. Fie asked for sir £. Godfrey, 
and wlien be cuoie to him, he said, Good mor- 
row, sir, in English, and afterwards spoke to 
him in (French-, I could not understand him. 

Recorder. I desire she may consider well ; 
look upon him. 

Elix. Curtis. That is the man. 

Green. Upon my soul, I never saw him ia 
all my life. 

Elix. Curtit. He had a dark coloured peri- 
wig wben.be was there, and was about a quarter 
of an hour talking with my master. ' . 

Att. Gen. Are yon sure this was tbe manf 

Eliz. Curtis. Yes, I am ; and that other 
man, Hill, was there that Saturday morning, and 
did speak with him before he went out. 

L. C.J. That you will deny too? 

EilL Yes, I do. 

X. C. /. k How do you know he was there ? 



W) STATE TRttiS, »# Ca**fc» 1L 1679.^rr^^Ofww»Jbrty,«BtJfi» (13* 

• £#& Curtis, 1 was in the parlour at chat 
time, making up the fire. 
, X. C. J. Had you ever seen Urn before tbnt 
time? 

> JE/i*. Ci<r(t«. No, never before that time. I 
went into the parlour lo carry my master's 
breakfast, and brought a bunch of keys with 
me ia y end there Hill was with him. And I 
went tap stairs about some business, and came 
down again, wanting the keys, which I had left 
upon the table, and Ilill was all that time with 
my master. 

Sol. Gen. How do you know he was there ? 

• Eiiz. Curtis. I was in the parloor, and stir- 
red up the fire, and he was there a good while. 

Justice Jones. How long after did you see 
fetmaitaiu? 

Eiiz Curtis. Not till I aaw htm in Newgate. 

Justice Jones. How long was that afterwards ? 

Eiiz. Cur fa. A month ago.: But it is not 
the man tbat brought the note to my master. 

Att. Gen. What note ? 
v Eiiz. Curtis. A note that a man brought to 
my master that night before. 

Att. Gen. What is become of that note ? 

Eiiz. Curtis. My lord, I cannot t^H, my 
master had it. 

Att. Gen. Pr'ythee tell us the story of it. 

Eiiz. Curtis. There was a man came to my 
master's house, and asked if sir £. Godfrey were 
within. He said he had a letter for him ; and 
shewed it me ; it was tied up in a knot. I told 
htm my master was within, but busy ; but, said 
I, if you please, I will carry it in to him. He 
did so, and I gave it to my master ; when I 
went out again, the man stayed and asked for 
•a answer : I went in again, and told my mas- 
ter, that the roan required an answer. Pr'y- 
thee, said he, tell' him, I don't know what to 
make of it. 
. Justice Wild. When was that ? 

EUz. Curtis. On Friday night. 

Justice Wild. When r The Friday night be- 
fore he was murdered ? 

Eiiz. Curtis. Yes. 

Att. Gen. But you swear, that Hill was there 
the Saturday morning. 

Eiiz. Curtis. Yes, he was. > 

Sol. Gen. In what clothes was her then ? 

Eiiz. Curtis. The same clothes that lie hath 



now.- 

Justice Wild. Are you sure they are the 
same clothes? Elis. Curtis. Yes. 

Sol. Gen. Here is a great circumstance, my 
lord. I asked her what clQtbes he was is, when 
hie came to sir B. Godfrey's r and she saith the 
same that he hath now. 

L. C. J. Have you ever shifted your clothes? 
. Bill. No, indeed, I have not. 

Eiiz. Curtis. But for the man tbat brought 
the note, I cannot swear it is he. 

MM* But she did say, when she came to 
tee me in Newgate, that she never saw me m 
my life; and, my lord, I hope I have sufficient 
witnesses to prove where I was that. morning. 

JL C. J. She says, she cannot sweat you 
Welt the man that brought the tote* 



Hill. &fy lard, I desire ehe will Veil mt about 
what time u was I was there. 

EUz. Curtis. It was about 9 or lOa'dbelr. 

Alt. Gtn. That agrees with Mr. Prorate's 
exactly in point of tune. Now, if your lordship 
please, we will proceed, and call Mr. lanoelfot 
Stringer* and Mr. Vincent* • 

Recorder. My lord, we do call these wk*. 
uesjses to prove, tbat these men had meetings 
with Mr. Praunce at the Plow. 

Then was Jjancellot Stringet sworn. 

Recorder. Pray tell my lord and the jury, 
wire t her you know Mr. Praunce* 

L. Sinnger. Yes, sir, 1 do. 

Recorder. Have you seen him at the Plow? 
at any time f— L. Stringer. Yes, sir, I have. 

Recorder* In what company there ? Was 
Mr. Green there? 

L. Stringer. Yes, he was. 

Recorder. Which was he? [He points to 
him.] 

Recorder. And who else ? 

L. Stringer. There was tbat Hill* 

Att. Gen. How often ? 

JL Stringer. Several times. 

L. C. J. How long before sir £. Godfrey 
was murdered? 

L. Stringer. I cannot tell, my lord. 

X. C. J. Do you remember any other eon 
panv was with him ? 

L. Stringer. Yea, there were several other 
company. 

Recorder. Name them. 

L. Stringer. There was Mr. Fitz-Giffakl an<J 
Mr. Hill. 

Att. Gen. And yet Hill saith, he never saw 
Girakl. 

L. Stringer. And there was Kelly, he was 
another of them, and Praunce. 

L. C. J. Did you know Vernatt ? 

L. Stringer. Yes, my Lord. 

L. C* J. How now> What say you to it, Mr. 
Hill, and Mr. Green ? Were you never at the 
Plow, drinking with Mr. Praunce ? 

Hill* Yes, my Lord, several times* 

L. C. J. What say you, Mr. Green ? 

Green. I have drank with htm there. 

L. C. J. Do you know Girald ? 

Hill. I know one Girald. 

Sol. Gen. Now will your lordship please to 
let me prove, that at the council he owned fa* 
knew Girald and Kelly, and bow it is proved h# 
hath been in Kelly's company, he says be does 
not know Girald. 

Hill. My lord, That was a mistake, ssr I dm 
know Kelly by light; tbat is, I knew two mem 
that- used the" chapel very much, and he wasejM 
of them. 

L. C. J. But you, witnesses, say you have 
seen Girald and them together ? 

L. Stringer. Yet, I have. 

L. C. J. How many times ? 

JL. Stringer. I cannot tell how maaj, mty 
lord; several times. 

L. €. J. Haw you sees them twite **> 
gather? 



Iff] SIATmTmA13> 51 ChajusssH. M9~Md*iM*der'tfSbM. Gotfuy. [1«0 



JL Strmgtr. Yes, I have. 

ifcrorrfrr. Now to settle it, I would e«k him, 
•iib yea* lordship's favour, when be came to 
live with his master. You, young man, when 
did jou come to* lire with jour master at the 
*owr 

JL Slrimgcr. Why, I hare been with him 



Recorder. But when was it you came last to 
Eve at the Plow ? 

JL Stringer. In- Bartholomew-tide last. 

Recorder. Ik was but five weeks before Sir 
Bdsrandhury* Godfrey was murdered. 

JL C. J. Do you, Green, know Mr. Girald ? 

Green. Yes, I do. 

Rreirder. Theo pray swear Mr. Vincent. 
Which was done. 

Recorder. Come, pray fir, do you live at the 

Vmeemt. Yes, Sir, I do. 

J frwi fe j . Then prny, db» you telf my lord 
sad the jury, if you know any of the prisoners 
at the bar, and which of them. 

Vincent. I know Mr, Green. 

Recorder. Do you know any body else ? 

Vincent* Yes, I' know Hill, and I know 
Berry. 

Recorder. Have you seen these persons at 
yser bowse? 

Vincent. Yes, I hare. 

L. €.7. With whom? 

Vincent. I can't tell every body with whom 

i. C. J. Were they there with Praunce?' 
Vincent. Yet, Sir. 

JL C. J. Did you know one Girald ? 
Fhteent. Yes, Sir. 

JL C. J. Hath he been at your home? 
Vincent. Yes, Sir, he hath. 
L.C.J. Who was with him? 
Vincent. I can't tell justly. 
JL C. J. Did you know Kelly f 
Vincent. Yea, I did. 
' JLC-J. Hath he been there ? 
Vincent. Yes, he hath. 
JL C J". In what company ? 
Vincent. With Praouce. 
JL C. J. And with any of the prisoners ? 

f. Yes, bnt I' can't tell particularly 



Ait. Gen. Now, my lord, as these were 
Biffing before the fact was committed, to con- 
fHsrhotr to do it ; so we at the beginning told 
vo« of • meeting after it was done, and that 
m\ ww» at Bow. We shall therefore call some 
witnesses as to that*; and they are Richard 
Cary»md William Evans. First swear Richard 
€arvv Which' was done. 

Recorder. Do yoo remember you were 
seat of a message from the Queen's-Head 
at Bow, and whithett Pray tell my lord and 
die Jury. 

Cmry. I remember it very well ; there were 
fttee gendeniea that sent for me to the Queen's 
Bead, and I being sent for did come ; and 
I came tip stairs, they asked me if I 
Poplar; I sand, T knew ic very welt.' 



Then they asked me, if I knew Mr. Dethkk % 
\ told them I thought I did. Then said 
they you must carry this letter to 'George 
Dethick, esq. at Poplar, and deliver it to 
hit own hands, and to nobody else: Ac* 
cordingly away I went and carried the tetter; 
I went to the door, and asked if he were with- 
in ; bis roan said he was above stairs, but they 
would call him to me ; nnd calling him to me, 
Sir, said I, there are some gentlemen at the 
Queen's- head at Bow, that have sent me with 
a letter to you. So he looked upon the lei tier, 
and, saith he, go and lelr them I will be with 
them presently. So, may it please you, my lord, 
I came again, and w hen T came, the gentlemen 
were tliere still. Well, said they, go and 
drink a glass of claret, which stood upon the 
table, and they gave me six-pence, and I went 
away. 

Recorder. Prav loofc upon Mr. Praunce; 
can you remember whether that man was 
there ? 

Cary. There were three of them, and he looks 
like one. 

Recorder. Mr. Prannce, do you remember 
this was the man you sent ? 

Prow nee. Yes, my lord, this was the same 
man that was 6ent. 

L. C. J. Well, call the other. 

Then William Evans, the boy of the house at 
the Queen's- head, was sworn. 

Recorder. Hark you, do you remember any 
company that was at your master's house two* 
or three months agone? 

W. Evans. Yes, I do. f 

Recorder. Do you remember that you heard] 
them talk any thing there ? 

W: Evans. They pufl'd out a paper, and 
read it. 

L. C. J. You hoy, do you know Mr.} Die- 
thick ? 

W. Evans. Yes, I do. 

L. C. J. Was he there f • 

W. Evans. He did come to rhero, my lord. 

Recorder. What had they to dinner there ? 

W. Evans. They had flounders. 

Recorder. Who bought them? 

W. Evans. One afthera, I can't tell who. 

Recorder. What had they else? 

W. Evans. A barrel of oysters? 

Recorder. Pray give my* Lord ah account 
what you observed and heard. 

, W. Evans. Sir, I know nothing but that they 
pulled out a paper and read it, and nam erf 
sir £. Godfrey's name. And while 1 was at the' 
door, somebody threatened to kick me dovVa 
stairs. 

L. C. J. He saith just as Mr. Praunce said* 
in every particular. 

Alt. Geri. Now iflt please your lordship, we 
desire to call sir Robert 'Southwell, 'to prove 
what Mr. Praunce said before the council^ 
and how particular he was ; and did,, to some* 
of the Lords who were sent with hied to So- 
merset-house, point out the places, 

JSol.' Gen.' We 'call" him to shew, .that* when 



191] STATE TRIALS, 31 Cuaulb* II. l079^TriaI<tf>Grtx*,BetTy t GkdW[ltt 



Praunce was examined, before the king, he wm 
. sent with- some of the Lords, and sir Robert 
Southwell, to Somerset- House, where he pointed 
with his finger, and shewed the. places where 
all was done ; so we shall shew your lord- 
ship and the jury, how exact he was in every 
tiling. 

Then Sir Robert Southwell was sworn. 

Recorder. Pray, Sir Robert, will you tell your 
knowledge ? 

Sir JR. Southwell. My Lord I was upon the 
24tb of December waiting upon his majesty 
in council, aud Mr. Praunce was sent for, to 
speak his knowledge concerning this murder, 
and be then gave a general account of things, 
which, because it did relate to that bench, and 
this corner, and that room, and that passage 
and that gallery, it was not understood by the 
- board, and (hereupon his majesty thought fit to 
appoint my lord duke of Monmouth, and ihe 
earl of Ossory, and Mr. Vice-Chamberlain to 
the queen, to go thither, and take the exami- 
nation upon the place, and report it to the 
board : and I, being clerk of the council, though 
not in waiting at that time, aud having taken 
notice of what Mr. Praunce had there deposed, 
I did wait upon those Lords, and took the ex- 
amination upon the place. And what I did 
take upon the place, This was done here, and 
that there, I drew up into a Teport, and the 
report is signed by those two noble lords, and 
was read that afternoon at the board ; and to 
that I refer myself. 

Att. Gen. rray, Sir Robert, Did he shew 
the particular places to those Lords. 

Sir JR. SauthweU. Yes, he did. First, the 
bench whereon (hey were sitting when sir £. 
Godfrey was coming down ; then the corner 
into which they drew him when they had 
strangled him ; then the place where one Berry 
Trent to stay, which was at the stairs that lead 
to the upper court ; then a little door at the 
♦end of the stables, which led up a pair of stairs, 
and at the bead of the stairs a long dark entry, 
and at the top of those stairs, a door on the 
left hand, which being opened, shewed us 
eight steps, which lead up to the lodging* that 
were Mr. Godwin's ; in which Hill was said to be 
inhabitant for seven years before. A nd as soon 
as we were pone two steps, there was a little 
closet or cabinet en the right hand, in which 
there was a bed, and there be shewed my 
Lords, This is the place where we handed him 
up first, and here we left him, said he, in the 
care of Hill for two nights. 

Just. Wild. You were there, Sir Robert, 
upon the place, when he shewed them these 
things? 
Sir JR. Southwell. Yes, Sir, I was there. 
Just. WUd. Was it answerable to what he 
had declared to the king and council ? 

Sir R. Southwell. Yes, it was answerable 
to all things he had said in the morning. 

Just. Jones. And suitable to what he says 
now? 
Sir R. Southwell. Ye*, suitable to what he 



says now, but only now he says more (tar hi 
said then. And as to what be says about the 
chambers of sir John Arundel, the? eookl sot 
be sir John's lodgings, for they were not capable 
of receiving a person of that ouality. 

Praunce. I said, I did believe they did be* 
long to sir John Aiundel. 

L. C. J. They were lodgings, perhaps, that 
belonged to his servants, though not to him. 
. Att. Gen. Sir Robert, I desire to know, 
whether Mr. Praunce, when he shewed these 
places, and made these descriptions, did he 
do it with any hesitancy, or did lie do it 
readily ? 

Sir Robert Southwell. Hitherto, my lord, he 
went directly and positively, as if any body 
should walk to Westminster- hall door, fiut af- 
terwards, when the lords did desire to know 
whither the body was carried, he said, it was) 
into some room of the boose by the garden ; for 
this is an outer part of the noose, which any 
body may do any thing in, without their know* 
ledge that are within. And he undertook to 
lead them to the,place as well as be could; and 
so away^we went through the long dark entry 
that leads into the outer court of the great 
bouse; and crossing the quadrangle, be leads 
us to the Piazza, and down a pair of stairs, and 
so far, said he, I am sure I went; then, as sooa 
as we were down stairs, there is a great square 
court, then he began to stagger, as if be did not 
know his way; but there was no way but to go 
on, however, and on he went, and coming cross 
the court, we came into several rooms ; and 
going through them we came up stairs agaio, 
and so into several other rooms again. Sure, 
said he, we were here, but I can't tell, and he 
was in a distraction what room he saw the 
body in ; out, said he, thus far I am certain ] 
am right ; which was according to the paper 
and I refer myself to that. 

Justice Wild. But you say, that what hi 
had said to the lords in the council, wee th< 
same that he said when you were by upon Uk 
place? Sir Robert Southwell. Yes. 

L. C. J. His doubtfulness of the room doe 
assert and give credit to his testimony, and cot 
firms it to any honest man in England. Hen 
saith he, I will not be positive, but having swor 
the other things which be well remembered, p< 
siuvery, he- is made the more credible for b 
doubtfulness of a thing which he does not n 
member, which a man that could swear ai 
thiog would not stick ar. 

Justice Jones. Besides, he was not there V 
by night, and all the light he had was a da 
huithorn. 

Sol. Gen. 'Now, sir Robert, I would ask yt 
one question, if you please. Do you remensb 
that Hill was examined at the council about tl 
matter ? 

Sir Robert Southwell. My lord, these are t 
notes that I took upon these men's exacnii 
tions, if your lordship pleases they oiay be ce: 

Recorder. Sir Robert, we asjc you but as 
one particular thing, therefore if you please 
look tipen It, and refresh your memory, you a 



MS] STATE TRIALS. 41 Ctuauftll. I679.-^ir«* Mw&rqfSirE. Gojfa. (life 

lo yejiiaelf» and tell in only the sub- 
Which be did. 
SoL (3«l Now, sir,, if yon please, do 700 



remember that Hill waa there? 
Sir Robert SovtkmtU. Yes, I find be was 

CSMMSfd. 

Sol. Gen. Did Mt he deny there that be 
knew Kelly, but that be knew Girald r 

Sv ibeer* &***«*& Yea, I do find it here 
set down, that be did deny he knew Kelly, bat 
that He knew Girald. 

MM. I amid I knew one Girald, but not 
that. 

Recorder. Bet before the council he aaid he 
knew Girald, not one Girald. 
. JL C J. This way of answering is like the 
exaaWaaUott that was taken lately amonast 
some of them. A person was asked when he 
saw such * priest i He denied that he bad seen 
him in fourteen days. But then comes one and 
proves to hie meet that he was with him in com- 
pany ail ajgbt, within a week and less. Ay, 
saye fat, thai is true; bat I said I had- not seen 
faun in fourteen days. And so they may take 
oaths to serve the king faithfully all the days of 
their lives, but in the' nights they may murder 
him, and keep their oaths for all that. 

Justice Do&en. I would know, whether the 
Girald yoo know be a priest or no ? 

Hill. He is not. 

Justice Lhdben. Then yon do not know Gi- 
rald the prieat»-~tftf. No I do not. 

Recorder. Call Mr. Thomas Stringer. And 
he was sworn. 

Recorder. Pray, Mr. Stringer, will you tell 
my Lord and the jury what it was that Mr. 
Berry said about any directions he had to keep 
all persons out of Somerset-house, about the 
ISCb or 14th of October last ? 

T. Stringer . My Lord, Upon bis examination 
before the Lords of the committee, Berry did 
say be bod orders from the queen, or in the 
name of the queen, that he should suffer no 
streamers nor any persons of quality to come 
into Somerset-howse. 

Att. Gen. When wan it be wee to beep them 
orn? • 

T. Stringer. The 13th, lStfi and 14th of Oct. 
last. 

Att. Gem. What, three days ? 

T. Stringer. Two or three days. And he 
said that the evince did come and be did re- 
fuse him, and sent him beck again. 

Recorder. Did he say he ever had any such 
direction* before ? * 

T. Strmgmr. Jffo: He said be never before 
had any. 

lt4X J. If wa»n<very unlucky thing itat he 
had it then. 

Bsrry. Ite prince might have gone in if be 
would. 

T.Shingor. T*n mid yon did refuse him, 
yoo had order to let none come in. 

LC.J. Had jrow new •«•* order ? 

Berry. Yes my Lord, I had socman enter 
fan the onewirw fe ta ll fwn -iawef. 

VOL, TH. 



Berry. Yes, I hare had before, since the 
queen came to Somerset-house. 

X. C. /. Mr. Stringer swears you said yoe> 
had aot any before. 

Berry. Yes I bad. 

L. C.J. Why did you deny it then ? 

Berry. I did not deny it; besides, there 
were several went in. 

Recorder. We have proved, indeed, five or 
sis did go in. 

X. C. J. For how many days had yee that 
order ? — Berry. Two day*. 

X. C. J. Which two days ? 

Berry. The XUh and 12 tb, I think therea- 
bouts. 

Recorder. Did yoo say before the Lords, 
that you never had such orders before ? 

Berry. No, I did not. 

X. C. J. Mr. Berry, When you were exami- 
ned before the lords, did you no u say jou never 
had such orders before ? 

Berry. No, I did not say so, my lotd, as I 
know of; for they did not examine me about that* 

X. CJ. Yoo said you would prove it under 
his own band. Prove that. 

Att. Gen. Mr. Stringer, did he write hie 
name . to his examination ? 

T. Stringer. Yes, he did to one examination* 

Att. Gen. Pray look upon that ; is that his 
band ? 

T. Stringer. This was read to him before be 
signed it, and then he did sign it. 

Att. Gtn. I would foin shew it to him, to see 
whether he would own it or no. 

Berry. Yes, that is my hand. 

Then the Clerk of the Crown read it. 

CL of Cr. This is subscribed by Henry 
Berry. " The Information of Henry Berry, 
porter • at the gate of Somerset-house ; taken 
before the right honjthe Marquis o? Winchester : 
This deponent seith, that about the 18th, 13th 
and 14tb of October last, he had order to test 
all persons of quality, that the queen was pri* 
vale, and that they were not to come m : aed 
this deponent saitb, the queen continued so pri- 
tare for two days/' 

X. C. J. Where is that part of the examina- 
tion wherein he said, be never had any such 
order before? 

T. Stringer. He did say so, bat it is net in 
that that hath his hand to it. 

Justice Wiid. Pray, my lord, observe this it* 
kind of reflecting evidence, and I would have 
no more made.of it than the tiling witt heat. 

X. C. J. They only bring it, and make eta 
of it against Berry as a presence of hie. 

Justice Wild. Bat it is a very rejecting evi- 
dence. 

Att. Gen* Surely there is no body here that 
offers it as such : We use it only to this pur- 
pose, to shew that Berry, who was a party to 
ems mswder,.did use alt the means that he could 
to keep it private ; and endeavoured to pre- 
vent siiwaara coming in that night ta discover 
it ; and thereto* pretended these ordefrsv— If 
he had ejrysuobotctas,! suppceehe 



194] STATE TRIALS, 31 Cham.es II. 1 619.— Trial qf Green, Berry, tmd MM, [196 



them, we do not say be had them ; hot it is a 
great evidence* when he pretended to such 
privacy, that he and his fellows had something 
to do that was not fit to be known by every 
body. 

Recorder. He may make ose of any body's 
name, and pretend "what he will ; bat I sup- 
pose he will prove it from the gentleman- usher 
if it he true. 

Alt. Gen. We have one witness more to 
call, my lord, and that is one Fair. Call Ste- 
phen Farr. Which was done, and he sworn. 

Alt. Gen. He is a neighbour to Berry, and 
will give your lordship an account what appli- 
cations have been mode to him, to tamper 
with him for money, to keep away, and not 
give evidence in this cause. Pray, sir, are you 
Mr. Berry's neighbour ? 

Farr. Yes, Sir, I am. 

Alt. Gen. Pray then tell what you know. 

Farr. I know him very well, his wife' hath 
been with me last week, and asked me if I 
knew what time be was withine on Wednesday 
the 16th of October. I desired time to recol- 
lect myself,: and she called four or five times 
after, and I did recollect my memory and told 
her, that I was not with him all that Wednes- 
day. 

X. C J. Why, this was reasonable, and fair 
enough to do. 

Att. Gen. It was so, my lord ; but pray had 
you no money offered you ? 

Farr. No, Sir, none at all ; and 1 told her I 
could not remember that I was with bim that 
day. 

Perry. But you may remember it very well 
when I came from the queen I came to you. 

Farr. My Lord, I was out of town that Wed- 
nesday, from two o'clock in the afternoon till 
nine at night. 

X. C. J. Well, well, this is nothing : the 
woman was willing, if she could, to havecoun- 
terproved the evidence, and what she did was 
lair ; she offered no money, nor did it in an in- 
direct way. 

Alt. Gen. WLy lord, we have now done with 
our evidence foV the king, and leaye it till we 
hoar what they say. 

X. C. J. What do you say for yourselves ? 
you shall have all the free liberty you will desire. 

Hill. In the first place, I take God to be my 
witness, that I am wholly innocent, as to.lbe 
matter that is charged upon ma : and as to 
what is said that I dogged sir E. Godfrey, I 
can prove thai I went into my lodging at eight 
o'clock, and did not stir out. 

L.C. J. Come, call your witnesses* 

Hill. Mary Tilden k Catharine l«ee, Mrs. 
Broadstreet; aud Daniel Gray. 

X. C.J. Let them come in there. 

Then Mary Ttlden was first examined. 

Att. Gen. This is Dr. Godwin's niece, and 
his housekeeper. 

X. C. J. Well what do you ask her f 
• Hill. I desire to know what you can say 
aboutoy being in my lodging, and not going out. 



Mary Tilden. He bath lived in our family T 
or 8 years. 

X. C. J. Your family, what is your family ? 



Mary Tilden. With my uncle. 
X. V. J. Who is your un 



your uncle ? 

Mary Tilden. Dr. Godwin : we left him in 
the bouse always, when we were absent from 
it ; he was always a trusty servaut, never kept 
ill hours, always came home by eight o'clock 
at night. 

Justice Dolben. Alway ! for bow long f 

Mary Tilden. Ever smce we came over last 
in 10 England. 

Justice Dolben. When was that? 

Mary Tilden. In April last. 

X. C. J. Were you there that night sir £. 
Godfrey was killed I— Mary Tilden. I was. 

L.C.J. What night was that ? 

Mary Tilden. I do not know, my lord, I 
heard of it in the town. 

X. C. J. When did you first hear of it t • 

Mary Tilden. The Thursday that he was found. 

X. C. J. Did you not hear of it on the Wed- 
nesday ? 

Mary Tilden. Yes I did. 

X. C.J. Who could tell you the Wednesday 
before ? 

Mary Tilden. Why, my lord, in the town it 
was said he was missing from Saturday, and n 
Thursday be was found. 

X. C. J. What can you say concerning Hill, 
that he was not out after eight o'clock tbao 
night? , 

Mary Tilden. He was a very good servant to 
my uncle, and never kept ill hours, but always 
came in by eight o'clock, or before. 

Justice Dolben. Were you not oat yourself 
that night ? 

Mary Ttlden. No not I, never oat after that 
hour. 

X. C. T. Pray how can you give such an no- 
count of Mr. Hill, as if he was always in yoor 
company ? 

Mary Tilden. He came in to wait at table, 
and did not stir out afterwards. 

X. C. J. Pray, what religion are you of } nre 
ydu a papist ? 

Mary Tilden. I know' not whether I came 
here to make a profession of ray faith. 

X. C. J. Are you a Roman Catholic ? 

Mary TUden! Yes. 

X. C. J. Have you a dispensation to eat sup- 
pers on Saturday nights ? 

Recorder. 1 hope you did not keep him com- 
pany, after supper, all night. 

Mary 'Tilden. No, I did not, but he came in 
to wait at table at supper. 

X. C. J. I thought you had kept fating on 
Saturday nights. 

Mary Tilden. No, my lord/ not on Saturday 
nights. 

Justice Jona. How many dishes of meat had 
you to supper ? 

Mary Tilden. We had no meat, though we 
did not fast. 

X. C. X Can you speak positively as to this 
night, the Saturday that he was killed ? 

9 



W7J STATE TOIALS, SI Chatu.es II. 1079.-; for the Murder of Sir E. Gojfrty. [193 

J. Praunce, bow inany keys were 



Jfarjr Tilde*. He was- at home that night. 

2* C. J. Aod where was he the Sunday ? 

JWory Tilden . He was at home. 

L.C. J. And yen are sure he was at home 
ever? night ? 

Jim Tilde*. Yea, while we were in town. 
. L. C. J. Where was you all that Wednesday 
night you speak of? 
■ Mary Tilde*. I was at home in my lodging. 

Justice Wild. How it is possible for you to 
say, that Hill, who was not yoor constant com- 
panion, did not go but afterwards ? 

Mary Hide*. No, be was not my constant 
companion. 

Justice Wild, How then can you charge 
your memory that be was at home ? 

L. C. J. Come, yon are to speak truth, though 
yea are not upon yoor oath. Can yon charge 
year memory to say that he came in constantly 
at eight o'clock at night ? 

Mary Tilde*. Yes; I can, because I saw 
him come in constantly; and when he came 
in, I always sent my maid to bar the door. 

L. C. J. Maid, can you say he was always at 
home at night? 

Mary TUde*. I can say he never was abroad 
after eight at night. 

Recorder. Why, you did not watch him till 
he went to bed, did you ? 

Mary Tilde*, We were always up till eleven 
o'clock at night. 

Alt. Gen. Was be in your company all that 
wbde ? 

Mary Tilde*. I beg your pardon : if your 
lordship saw the lodgings you would say it 
were impossible for any to go in or out, but 
that they most know it within/. We were con- 
stant in our boors of going to supper; our doors 
never opened after he came in to wait at 



L. C. J. You may say any thing to a heretic, 
lor a papist. 

Justice Dolben. This is a mighty improbable 



Justice Wild. Where was he a Wednesday 
night? — Maty Tilde*. At home. 
L. C. J. T*bey have a general answer for all 



Jones. Who kept the key of your 
ledcm*?? 

Maty lUdetu The maid. ~ 

Justice Jones. Hath Hill never kept the key ? 

Mary Tilden. No, my lord, the maidl 

Justice Jones. How do you know but that 
the maid might let him out ? 

Frannce. My lord, Mrs. Broadstreet said at 
first these was but one key; but before the 
duke of Monmouth she said there were sii or 
key*. 

JL C. J. Look you what tricks you put upon 

\ to bUod us : you come and tell us that he 
every night at home by eight o'clock, and 
did not stir oat, lor there was but one lock, 
and the maid kept the key.; and yet there were 
three or four keys to it. 

Mm Hide*. There was but one key to that 
which kept the door fast. 



L. C. 

there? 

Frounce. Slie confessed there were four or , 
five. 

Justice Wild. What time wj» it that you 
carried him out of Somerset-House on Wednes- 
day night ? 

Frounce. Jt was about ten or eleveu. 11 ill 
went to letch the horse. 

Mpry Tilden. We had never been out of 
our lodgings after eight o'clock, *ince we came 
to town. 

Justice Jones. When were you out of town ? 

Mary Tilden. In October. 

Justice Dolien. Nay, now mistress, you have 
spoiled all ; for in October this business was 
done. 

Justice Jones. You have undone the man, 
instead of saving him. 

Mary Tilden. Why, my lord, I only mistook 
the month. 

L. C. J. You woman [speaking to Mrs. 
Broadstreet], what month was it you were out 
of town? 

Broadstreet. In September. 

I*. C. J. It is apparent you consider not 
what you say, or you come hitlier to say any 
thiug will serve the turn, 

Mary Tilden. No, I do not, for I was out of 
town in September, came to town the latter 
end of September. 

L. C. J. You must remember what you said, 
that you came to England in April lsst,-a»4 
from that time he was always within at eight 
o'clock at night. 

Mary Tilden. Except that time we were but 
of town, which was in September, the summer* 
time. And it is impossible but if the body 
was in the bouse, as Prauuce said it was, but 
I must see biro, or some of us must I used 
to go cverv day into that little room for some- 
thing or other, and I must needs see him if he 
were there. 

L. C. J. You told me just now you were 
not upon confession ; and 1 teH you now so, 
you are not. 

Then Mrs. Broadstreet was examined. 

Justice Jones. Well, woman, what say yon f 

Broadstreet. We came to town upon a 
Monday, Michaelmas day was the Sunday fol- 
lowing ; and from that time neither he nor the 
maid used to be abroad after eight o'clock : 
we kept very good hours, and he always waited 
at supper, and never went abroad after he came 
in to wait at supper : and the lodging was so 
little, that nothing could be brought in but 
they must know that were within. 

L. C. J. This is a sower room than the 
chamber, is it not ? 

Frounce. It is «*en with the dining-room, 
my lord. 

JL C. J. What say you, sir Hubert South* 
well? 

Sir R. Southwell. My lord, it is an extra- 
ordinary little place; as soon as you get op 
eight tups, there it a little square entry, and 



IW] STATE TRIALS, 31Cba«u»IL \679.— Trial tf Often, Berry* and Hill, [200 



there is this room on the on* handy and the 
dining-room on the other. I think, there is a 
pair of stair* to go down at one comer of the 
entry, as I think, but the body was laid in a 
little sqnare room at the head of the steps. 

X. C. J. And must you go into the room to 
go to the diniug-room r 

Broadstreet. No, it is a distinct room ; but 
the key was always in the door, and every 
day somebody went into it for something or 
another. 

X. C. J. VVill you undertake to say it was 
always in the door ? 

Broadstreet. Yes, it constantly was. 

Justice Wild. For my own part, I will not 
Judge you : but that his body should be carried 
(here about nine o'clock at night a Saturday 
night, and' remain there until Monday night, 
it is very suspicious, that if you were in the 
house, as you say you were, and used to go 
into that room every day, you must either hear 
it brought in, or see it. 

Broa&treet. Bat we did neither, my lord. 

Justice Dolben. It is well you are not in- 
dicted. 

Broadetreet. Mr. Praunce, you know all 
these things to be false, Mr. Praunce* 

Praunce. I lay nothing to your charge ; but 
too said before the duke of Monmouth, that 
Hill was gone from his lodgings before that 
time. 

X. C J. What say you, sir Robert South- 
well? 

Sir R. Southmett. There arose a little quar- 
rel between them, about ihe time that Mr. 
Httl did leave those lodging*. Praunce said it 
was a fortnight after; Hill said, when he was 
upon his examination, that the same Saturday 
n?gfat that sir E. Godfrey was missing, he was 
treating with his landlord, and from that time, 
to the time he went to his new house, it was 
about a week or a fortnight. 

X C. J. But he did pretend he was gone 
before ? 

Broadstreet. No, my lord, I did not. 

X. C. J. Two witnesses upon oath sware it, 
and you said it yourself and gave it under yeur 
hand. 

Broadstreet. My lord*— 

X. C. J. Nay, you wHl not bear, but you 
will talk ;'yoo say one thing now, and yon set 
another wader your hand. 

Ait. Gen* Have you not a brother that is 
in the Proclamation, one Broadstreet a priest ? 

Broadstreet. I have a brother, whose name 
is Broadstreet. 

Atii Gen. Is he not a priest, and » the Pro- 
clamation ? 

Broadstreet. I hope I mast not impeach my 

brother here. I said upon my oath, he came 

% to town on Monday, and Michaelmas day was 

the Sunday following, and Lawrence Hill went 

•way a fortnight efter. 

Sir JR. Southwell. She swore then, two or 
three days after Michaelmas <day. 

X. €. /. You mutt know we can understand 
you through all your arts. Ic was not 



nieat for yon at that time to say, that Mr. Hill 
went awav about a fortnight after Michaelmas, 
for then the tiling that was charged to be done, 
part of it in your house, would have been 
within the fortnight, for it was the lftb of Oc- 
tober, but then you said only two or three 
days. 

Sir JR. Southwell. She did say, my lord, that 1 
about Michaelmas two or thTte or four days 
after he went away. 

Broadstreet. I beg your pardon, I only said, 
I could not tell the time eiactly. 

X. C. J. Well, have you any mora to say ? 

Mary Tilden. There was never a day but I 
went into that room for something or other, and 
if any body came to see me, there was so 
little space that the footmen were always forced 
to be in that room. 

Justice Dolben, Were ypo there upon Sun- 
day ? 

Mary Tilden. Yes, my lord, 1 was. 

Justice Dolben. Well, I will say no more ; 
call another witness. 

Hill. Catharine Lee. 

X. C, J. What can you say, maid ? 

Lee. My lord, I did uover miss him out of 
the house at those hours. 

L. G. J. May be you did not look for him. 

Lee. I did go down every night to the door, 
to see if it were locked, and I went into the 
parlour to see that things were safe there. 

X. C. J, Yon are a Roman Catholic, sire 
you not ? 

Lie. Yes, I am. 

Justice Dolben. Might not he go out of the 
bouse, and you never the wiser? 

Lee. Yes, lor I did not watch him conti- 
nually. 

Capt. Rienarekon. All that she says may he 
true by the place. The servants keep down a 
pair of stairs in the kitchen, and any ooe may 
come in, or go out, having so many keys, anel 
they not know it that are below, 

Lee. I went into the chamber every mora* 
ing, as I went to market. 

Justice Wild. Have a care what yon say, 
and mind the question I ask yon : were vou 
there on the Sunday, in that room where tney 
say sir £. Godfrey's body was laid ? 

Lee. I cannot say, that I was in that room, 
but I called in at the door every day, and I was 
the last up every night. 

Justice Wild. I will say that for thee, thou 
hast spoke with more care than any of them all. 

Then Daniel Gray was examined. 

X C. J. What can you say ? What questions 
do you ask him? 

Hill. I desire him to speak what he can any, 
where I was those 6ve days that sir £. Godfrey 
was miasms!. 

Gray. I kept my brother Hill company, from 
the 8th of October, tiU he took his house, which 
wss about the *tnd or gSrd. 

X. C. J, What time did yen use to go to 
hedf 

Gray. About 9 or lOeVJoek at night;' 



901] STATE THiALB, *l€aUtu»H. ItHQ.—flr *k$ Murder (f St & 0«fr& [9Uft 



L.C.J. Wlautiroedidaego? 

Gtwy. When I did, tut I did not Me him |0 
to bed. 

JL C. J. Where did you lie? 

Grey, At in j own house. 

L. & J. Ami veu went heme about 8 or 9 
at night to go to bed? 

Gray. Yea, I did. 

Jen. Josef. You say he look bit house the 
8th of October, when did be go thither ? 

Grey. Yes, be took bis liouse the 8th of 
October, but be did not go thither tilt the one 
or two and twentieth. 

Just. IU lben . Bet yon cannot tell what he 
Ad at night ? 

Gray. No, not I. 

Jest. IMsm. Bet you were in his oompsny 
till 8 or 9 o'clock nt night ? 

Grow. Yes, uiy lord, I was. 

X. V. J. How far did you lire off of him ? 

Gray. About n bow's shoot. 

L. C. /. Look too, Mr. Hill, he does yon no 
amice at nil, for he says lie left yon about 8 or 
9 o'clock at night, and he does not know what 
yon did afterwards. Have yon any more ? 

BO. Robert How. 

JL C. J. Come, what say von? 

Hem. My lord, I met with Mr. Hill the 5th 
of October, be naked me whither I was going? 
I told biro, home. I wish, said be, you would 
go a little back with me; I am about taking of 
an house, and T would have you view the re- 
pain; accordingly we did go, and treated in 
the house about an agreement ; for, said he, I 
will not Agree with yon (to the landlord) till we 
know what must be repaired. On Tuesday 
morning we met ngain, abort 8 o'clock. 
X. C. J. What day of the month wns that ? 
Horn. The 8th. And a Wednesday about 
i began to work for him, to repair his 
, and we wrought that week every dny, 
far 19 days and an half in all, and he was 
every day with us, looking after coals, or beer, 
or something. On Saturday the 12th of Octo- 
ber, we dined together, and parted with him 
about 1 or 9 o'clock, and n^ont 9 o'clock I 
went back again to my work, and he said he 
was going towards Cerent-Garden in St. 
James's, but he came back again, and I was 
gone first ; I asked my man whether he was 
gone, or no; be said, he was there, but did 
not stay. 

L.C.J. What time wns that? 

Hew. A httle before nif ht. 

X. C. J. What honr did your man say that 
he was there ? 

As*. About an honr before they left work. 

X. C. J. What timewas that? 

How. About four o'clock, I think it was. ' 

L. C. J. Can yon say where he was that 
night? 

How. No,Icamiot. 

X. C J. What religion are yon of, ere yon 
sotaprotestant? 

flow. Yes, my ford, I think so. 

Recorder. Mjr lord ask* yon, are jon a pro- 

T 



How. I was never bred up in the protest***, 
religion. 

Primmer* He is a catholic, my lord, he wan 
the queen s carpenter. 

Just. Dolben. Nay, now yon spoil alt ; you 
must do penance for this; what! deny your 
church ? 

HilL What time was it on Saturday morn- 
ing I was with you? 

How. About nine o'clock. 

X. C. J. liow long did he stay? 

How. From nine to two. 

X. C. J. Are you sure it was nine ? 

Haw. No man can swear punctually to aw 
hour. 

X. C. J. What think yon often? 

Horn. It was thereabouts. 

Recorder, If I am rightly informed by the 
clerks, he is outlawed for recusancy. 
.L. C.J. U he so ? Pray let us koow that. 

Harcourt. (One of the clerks of the Crowns 
Office.) My lord, I have made out several 
writs against him, for several years 'together, 
and could never get nay of them returned. 

' Hill. He tells you, that I was with him aroan 
nine o'clock on Saturday morning, till one. . 

Just. Jones. But that si but as true as he it a 
protestant, and how true that is, you know* 

Hill. Here is another witness ; Mr. Cutler. 

Tho. Cutler. Upon the 13th of October, 
Lawrence Hill did come into my boose, about 
four or five o'clock in the evening, and he staid 
there till between seven or eight, and then his 
wife came for him and said some gentlewoman 
was ready for her supper, and so he went home ; 
and I saw him no more, till the day after he; 
was taken. 

L. C. J. Look you here, he speaks only 
about seven or eight o'clock* Well, have you 
'any thing more to say ? 

Hilt. There is one Richard Lacinhy. 

Ltoinby. My lord, I was with him on Sa- 
to rd ay the 19th of October, at the door, about 
twelve o'clock. 

X. C. J. And you dined with him and How"? 

Laxinby. Yes, Sir. 

X. C. J. But you did not see htm afterwards ? 

Lazinby. Yes, I did see him on Wednesday 
night, from fire to seven nt night. 

X. C. X What time was he carried out of 
Somerset* House ? 

Alt. Gen. About eleven or twelve o'clock . 
at night. 

Lasinby. That is the last time I was with* 
him. 

X C. J WeH, have you any more ? 

Hill. Here is one Mr. ArohboM, my lord. 

Archbeld. My lord, I had occasion for ntnjr* 
lor, and I came to tms man's house to seek for 
one Mr. Gray, that had formerly wrought for 



X. C. X When was that? 

Arckbold. That was on Monday night And 
behaving formerly wrought for me, I found him 
at this man's house; so Mr. Gray asked snap 
what news? I toid him, very good news j for 
Praonce was taken for the murder of air •£. 



I 



90S} STATS 

Godfrey. Says Hill, I am glad of that; I wish 
tbey were all taken. 'I came the next day 
after, and they told me he was taken oat of his 
bed, for the murder of sir £. Godfrey. 

X. C. J. Was it that very night that you 
came, that he was taken ? 

Archbold. Yes, it was. 
• L.C.J. Your said he spoke of it before von 
at 7 o'clock, and you left him about 9, and he 
was taken that night ; what then ? 

Hill. Whv, then Ihad time enough to make 
my escape, if I had thought myself Guilty. 

X. C. J. As no doubt you would, if you bad 
thought tbey would have been so nimble with 
you. 

Archbold. He knew it the day before. 

X. C. J. Well, have you any more to say ? 

Mrs. Hill. There is Mr. Ravenscroft, my 
lord. 

JL C. J. What, that Ravenscroft that was 

sent away ? 

Mrs. Mill. Yes, my lord. 
. X. C. J. Then the marshal most send for 
him, if he be a witness for the prisoner. In 
the mean time, what can you say for yourself, 
Mr. Green ? 

Green. My lord, I would call my landlord 
and bis wife. 

JL C. J. What are their names ? 
. Green. James Warner, and his wife. 

L. C. J. Call in Green's wife, and all her 
witnesses.' 

{Then Mrs. Hill, the Prisoner's wife, offered 
aper to the Court containing Observations 
upon the Indictment, which she desired them 
to read ; but it was refused, and she bid to give 
U her husband.] 

Then Jomet Worrier was examined. 

X. G. J. What say you to your landlord ? 

Green. < I ask him no questions at all, but 
deaireJjim to tell what he knows. 

Worrier. I will say, that the 19th of Oct., 
hi was at my house, half an. hour after seven, 
and he was not out of my house till after ten. 

X. €. J. How can you remember that day ? 
What day of the week was it ? 

Worrier. It was a Saturday. 

X. C. J. How do you remember it was so ? 

Worrier. I have recollected my memory. 
. L.C.J. By what? 

Worrier. By my work, and every thing ex- 
actf*. 

X. C. J. When did you begin to recollect 
yourself?— -WVWfF. A pretty while ago. 

.X* C.J. How long after sir E. Godfrey was 
mojdered ?— Wsrrier. A month after. 

X* C. X What made you recollect yourself 
a mouth after? 

Worrier. Because he was in prison in the 
Gatehouse. 

JL C J. When waahe taken up ? 

Worrier. He was taken up in Somerset- 
Bouse* and aot in my house. 

4. C. J. But when did you recollect yourself? 
f $rrur. When be waijo prison* 



41 Charles II. 1679 — Trial tfGretn.Ikhy, and JrKB, [204 

X. C. J. But I pray remember the time when 
you dio) recollect yourself, and the occasion that 
made you recollect yourself when be was 
taken up. 

Wttrrier. I remember it very well, for be 
had been in ' my house but 14 days, before he 
was taken up. 

Sir Thomas Stringer. lie was not taken up 
for the murder of sir £. Godfrey, till the 34th 
of December. 

Justice Wild. Pray, did you never think of 
this till he was in prison ? 

Worrier. It was when be was taken up. 

X. C. J. But, pray, when you came to re- 
collect yourself, how did you come to dolt? 

Worrier. 1 recollected it by my work. 

X. C. J. But what gave you occasion to re- 
collectyoorself since he was in gaol? 

Sir Tho. Stringer. My lord, be was put into 
gaol for refusing to take the oaihs ; but be was 
not at all charged with the death of sir £. God- 
frey at that time. 

X. C. J. When was he put in for the death 
of sir £dmundbury ? 

Sir Tho. Stringer. The 94th of December. 

X. C. J. Then there is all the remaining 
part of October, all November, and the former 
part of December, was past, how could you re- 
collect yourself of the particular day? 

Worrier. I called it to my mind by my work. 

Captain Richardson. My lord, I will rectify 
this mistake : Since their arraignment, I went 
to them to know what witnesses they had, and 
Green told me of bis landlord and landlady; 
I then asked them, if they could say any thing 
as to this particular day ? aud they said they 
could not do him any good at all. 

Worrier. I did not then call it to memory. 

X. C. J. When did you call it to me- 
mory? 

. Worrier. I did say I could not do it then 
presently, as I have done since, in five or sis 
days. 

X. C. J. How could you recollect it then ? 

Worrier. By the time he came into my 
house, which was a week before, and ■ by the 
work that was done. 

X. C. J. What cotild the work do as to this ? 
Can you tell by that any thing that is done at 
anytime ? W here were you the 9th of Nov. last ? 

Worrier. Truly, I can't tell. 

X. C. J. Whv, bow came you then to recol- 
lect what you did the 12th of October, when you 
did not know where you were the 9th of Nov.? 

Worrier. I can tell a great many tokens, he 
was but 14 or 15 days in our house. 

X. C. J. What did he do tbe 12th of October, 
thatyou remember so particularly that day ? 

Worrier. Sir, I remember other days be- 
sides that ; but I say, I uever knew the man 
out after nine o'clock, in my life. 

X. C. J. Have you any body else ? for this 
man, I can't tall what to make on't. 

Green. Here is the man's wife to give evi- 
dence. 

X. C. J. First consider what you say. 

Mrs. Worrier. To tell you the truth, I 



906) STATE TRIALS, 31 Ch able* 11. M 

ftagbttbeofcan was so clear of this fact, that 
I n*?er troubled my head with it ; but when 
captain Richardson came to my house, I told 
him, that be never was in our house by day- 
time, except being cushion- layer in the coapel, 
be used to come at half an hour after eleven, 
and many times he did desire me, because we 
were Protestants, to put in. a- little flesh meat 
with oars ; sometimes he would sit down and 
est his meat in the kitchen, and his wife with 
him; and his wife would say to him, It is a' 
troublesome time, pray see that you come home 
betimes. I did not at all remember the day 
of the month ax the first, npr the action; hut 
njhasband am* I hare since remembered. We 
were desired by them once to eat a fowl with 
item ; and my husband did command me the 
Saoday after to invite them to dinner with us, 
sod I went in the morning very early, I think, 
sad bought a dozen of pigeons, and put them 
m a pye, and we bad a loin of pork roasted ; 
and when be was gone to the chape) on Satur- 
day in the afternoon, bis wife came to me, and 
mid, my husband is not well, and when he 
comes home will ask for something of broth ; 
and away she went to market, to buy some- 
thing to make broth of. While she was at 
market, her husband came home, and asked 
where his wife was ? Why, Mr. Green, said I, 
she is gone to market : what an old fool, said 
he, is this, to go out so late, such a night as this 
is I Bat said he, again I will go to the coffee- 
house, and drink a dish of coffee, and pray tell 
my wife so. In the mean time she returned, 
and by that time she had been above 1 a little 
while, be came in again. And Mr. Greeu 
being there, my husband came in, and called 
to me, pr'y tbee, sweetheart, what hast thou got 
for my supper ? Pr*y thee, said I, sweetheart, 
thou art always calling for thy victuals when 
thou comest in. Then Mr. Green goes to the 
stairs, and calls to bis wife, and bids her bring 
him down some victuals, and she brings down 
the bread and cheese, and he stayed there till 
k was nine o'clock ; and then saith Mr. Green 
Id his wife, Let us go up, for there is a fire. 

X. C. J. What day was this, all this while ? 

Mr*. Worrier. Why, it was the Saturday 
fortnight after Michaelmas day. 

2* C. J. Why might it not be that day three 

eeks? 

Mrs. Worrier. It was that day he was 



Att. Gen. Why, there was no alarm taken of 
k a Sunday. * . 

JL C. J. When did you begin to* recollect 
what davit was, that they said he was missing ? 

Mrs. Worrier. On Friday morning our milk- 
man came aod told us that one Mr. Godfrey 
was found mordered ; now I knew one of the 
Exchange of that name, and thought it might 
he he. And when we went op with him. to 
ms chamber, we sat there till- the Tattoo beat. 

L. C.J. All the thing is, how do you know 
it was this Saturday ? 

Mrs. Worrier. It was the Saturday fortnight 
after Michaelmas day. 



!9^ar the Murder qf Sir ELOMgrey. (ft* 

Justice Dolben, Are you:sure it was the Se>i 
tqrday fortnight after. Michaelmas day ? 

Mrs. Worrier. Yes, we did look upon the at* 
manack, and reckon it so. 
* Justice Dolben. Then that was the 19th of 
October. 

L. C. J. Why, you told him, you could do 
him no good, and indeed you do not. 

Justice Jones. You and your wife speak % of 
the same time, do not you ? *• 

Worrier, Yes. 

L. C. J. Have you any more, Green ? 

Cant. Richardson. There is the maid, let her 
come in. 

L. C. J. What say you, maid ? 

Maid. I can say, that he came in the Satur- 
day fortnight after quarter-day, pretty betimes. 

L. C. J. Can you speak of any 'other time 
besides that Satarday fortnight ? 

Maid. I can tell he came in every night be- ■ 
fore nine o'clock. 

Green. I can take my oath, I was never out 
of my lodging after nine o'clock. ' 

Hill. My lord, here is Mr. Ravenscroft now. 

L. C. J. Mr. Ravenscroft, w hat can you say r 

Mr. Ravenscroft, What I can say, my lord, 
is this : this Lawrence Hill, I bare known him 
IS or 14 years, and he served my elder brother 
so long, very faithfully. Afterwards he lived 
with Dr. Godwin, towards the latter end of 
the two last years, and- he married my mother's 
maid. 

L. C. J. What religion are you of? 

tyfr. Ravenscroft. My father and mother 
were Protestants. 

L. C. J. But you are a Papist, are you not ? 

Mr. Ravenscroft. I have not said I am a 
Papist, yet. 

Justice Dolben. In the mean time, I say you 
are one. 

Mr. Ravenscroft. Do yon so ? Then pray go 
to Southwark and see. 

Att. Gen. My lord, I think he bath taken 
the Oaths of Allegiance and Supremacy. 

L. C. J. Well, pray, Sir, go on with your 
story. 

Mr. Ravenscroft. If it please you, upon a 
Saturday, a little before Christmas, there was 
somebody, taken, I think it was one Mr. 
Prnunce, for I never saw the man, neither do 
I know him at all : and k was resorted that he 
was taken upon the death of sir £. Godfrey, 
and I was glad to hear it. My house wrts m 
the Savoy, and ' my father's house is in ' Hoi- 
born ; and I used often to go and see my 
father, and coming home again, I went to see 
the maid at her new house, she had .not been 
long there, and she was standing at the door 
of the house. I asked ber what news f Says 
she, Here hath been a man here that tells us, 
that Praunce hath discovered- several of the 
murderers of sir £. Godfrey.; and they talk 
up and down strangely of it, and ask me whe- 
ther my husband be acquainted with him? 
Then said I to ber, Is he ? She answered me,* 
Very well, they have been often together; aujl 
so she told wo theptople did mattery «nd talk 



Wf] STATE TRIALS, *1 CiutnJ IL i«79— 



, Berry > an& Hill, [208 



of herbusbaad. But* raid I, what am your. 



husband to it? Ssys she, He defies 
s*sd all hk works* Said I, Where is your .hus- 
band ? Said the. He it within. I was very glad 
to beer it ; for, said I, he living ia Somerset* 
House, and being acquainted with Prauoce, I 
am glad to hear that your husband ean be so 
courageous ; so I went away, and came again 
thitber the next morning, and found be was 
taken toe night before* Ail that I say then, 
is, that it was a good evidence of his innocency, 
that when, he had notice of it, he did not Ay. 

ii.C. X 60 then, your discourse was after 
Archbold had been there ? 

Ravenscroft. Archbold was there before me, 
ejsd had spoken this in their company. I spake 
with her that night, sad the next mpraioff too ; 
awd.aU that I say is, if flight be a sign of guilt, 
as no doubt it it, Adam, ubi e$ 9 and coorege* 
ausneas is a sign of innocency r then this man 
is innocent. 

L> C. X But ton say, she told yon they 
were acquainted ? 

Mtvocn tc r o ft. My lord, I have one thing more 
to say. Upon the occasion of these things, 
this woman hath been often with me, and hath 
desired to know of me what defence she should 
make, for I saw Hill's wife and Berry's wife 
iwc all simple people, without defence for 
themselves, and they did desire that I would 
examine and see some of the witnesses, and see 
how it was, and she had gotten me some papers, 
and I conferred them together, there are wit- 
nesses that will attest the' copy. 

Alt. Gen. What is all this to the purpose ? 
Only this gentleman bath a mind to shew that 
he can speak Latin. 

Raventcroft. I thank God I can speak Latin 
4M well as any man in the Court. 

JL C. X Well, all this is nothing. 

Ravenscrqft. I declare it myself, if this man 
were guilty, rather than I would speak for him, 
*f there wanted a hangman, I would do it 
myself. 

L. C. J. Well, Berry, what have you to say ? 

Berry, I desire Nicholas Trollop, and Nicho- 
las Wright, and Gabriel Hasket, and Elizabeth 
Wilks, aad corporal Collet may be called. 

Corporal William Collet first examined. 

Berry. Dty not you place a eentinel on 
Wednesday night ? 

Collet. What Wednesday do you speak of, 

s%? 

Berry. That night the queen went from 80- 
saerset-Hoese to White-hall. 

Collet. Yes, this Nicholas Trollop I pieced 
there first, the 10th of October. 

X. C. X How do you remember that? 

Collet. Because I have been called to an 
account before, and have given good reasons 
for it. Oar company was at Somciest-bouse 
when the king came from New-Market, and 
the queen went to Whitehall. Afterwards we 
were bid to fetch ooroentineds off asset three 
or ibur of the clock m the afternoon. 

Ltd J, EW ye« lesiw aj>y sosmew there ? 



Colkt. No,wedklnot,aMotirc^€ns)any 
to Whitehall. 

Justice Ddbem. Are yon sure there were no 
soldiers that night there r 

Colkt. Yes, we were commanded with a 



petty to go thitber again that night. 

X. C. J". What did you do then ? 

Collet. I placed the centinels by the Porter's 
order. 

X. C. X Who was that, Berry ? 

Collet. No, it was one that used to go about, 
and give orders where we should set them. 

X. C. X How did you place them ? ' 

Collet. This man I placed from seven to ten* 
then Nicholas Wright relieved him at tea, and 
stayed till one. 

JL C. J. At what place ? 

Collet. To the Strand-ward. 

Justice Wild. That was the gate they carried 
him out at. 

X. C. X Do you bear ; whereabouts did you 
set the ceotinels ? Within the gate ? 

Collet. Yes, within the wicket. 

X. C. J. That way he was carried out ? 

Nieh. Wright. There was no Sedan came 
out in my time. 

Trollop. There was one came in, in my time, 
while 1 stood there. 

X. C. J. Was it an empty Sedan ? 

Trollop. I suppose it was, but we had no 
order to keep any out. 

Justice Wild. But you might know whether 
it was an empty sedan or no, by the going of it 
through the wicket. 

Collet. There is an empty sedan that stands 
there every night 

Trollop. It was set down within the gate. 

Justice Jones. If any sedan had gone oat, 
you would not have staid them, would you ? 

Collet. No, my lord, we had no order to 
atop any. 

Justice Dolben. How can you then he posi- 
tive that no oue did go out? 

Trollop. None did go out again in my time. 

Justice Dolbeu. Could not the porter open 
the gate, ae well as you ? 

Collet. Yes, my lord, he could, but I should 
have seen him then : He did not open it in nay 
time. 

Justice Wild. Let me ask you but one ques- 
tion ; did not you go to drink nor tipple all diets; 
time? 

Trollop. No, nor walk a pike's length off the* 
place of centrv. 

Justice Wild. Has not Berry an house therm 
hard by? 

Trollop. Yes, but I did not drink 

Justice Dolbeu. How can you iwmemhfer 
particularly, so long ago ? 

Trollop. Why, I wss twice before the 



Justice Dolben. Bet how long wss it 
that yos ward eoestiened about this thing 
this night ? 

Trollop. A matter of a month or sis weeks. 

Cotier. For ws wtfeesjvntned bcforePratso 
was taken up. • 



JW] STATE TRIALS, 3 iCHAUJttU. 1679-r/or the Murder of Sir R Go4frey. [910 



JLC J. You, Trollop, can you say whether 
k was die sedan that used to be within ? 

Trollop. No, I caooot, but it was brought in 
in my time, and did not go out again. 

Then Gabriel Hasket was> examined. 

Berry. You stood there, Sir, from one to 
four. 

Hasket. Yes, after the clock struck one, I 
was pot ceiHinel, and stood till four. 

JLC. J. What night? 

Hasket. That night the king came from New- 
Market, and the queen went from Somerset- 
House. 

L. C. J. What day of die month was that ? 

Hasket. The 16th. 

L. C. J. What day of the week. 
Hasket. Wednesday. 

L. C. J. Did you not drink at Berry 's then ? 

Hasket. No, I did not. 

JL C. J. Did yon see Berry then ? 

Hasket. No, I did not. 
L. C. J. He was goue before you came? 
Bern. 1 was fast enough a-bed at that time. 
L.C. J. Well, what say you more ? 
Berry. Here is my maid, Elizabeth Min- 
slaw, to give her evidence where I was that 
o%k the queen went from Somerset-House. 

Just Jesses, What can you say ? 

Mismsksm. May it please you, my lord, my 
vaster was within doors and about the gale, 
when the queen went away. 

JL C. J. Who is your master ? • 

Minsham. Mr. Berry. He was about the 
gates ail the forenoon. 

L. C. J. When was that ? 

Minsaaw. The 16th of October, Wednesday. 
And as soon as the queen was gone, my master 
went out to bowls; and when he came home 
again, be said he had been at bowls. 

JL C. J. What time did be come home? 

Mimskaw. It was dusky, and he was not ab- 
sent all night an hoar, till he went to bed. 

Jasu Wild. When did he go to bed ? 

Muss/saw. My lord, 1 suppose he went to 
bed abont 19 o'clock. 

Just. Wild. They do not charge him with 
thing, but what was done about the gate. 
ost. Bolbcn. What time did yon go to bed 
that night? 

Msnskaw. Why, I went to bed about 12 
o'clock. 

Just. . Dolben. And you saw him no more 
that night? 

Mimskaw. No, my lord, but he must go 
through my room to. go to bed at night, and 
therefore I suppose he was a- bed. 

Mrs. Hill. I desire Mr. Praunce may swear 
why he did deny all this ? 

jL C. J. Stand op, Mr. Praunce ; that gen- 
tlewoman does desire to know, what induced 
you to deoy what you had said. 

Praunce. Jt was because of my trade, my 
laid; and for fear of losing my employment 
from the queen, and the catholics, which was 
the most of my business, and because I- had 
«* my pardon/ 

rot. r\u 



any 
Ji 



Mrs. Hill. I desire be may swear whether 
he were not tortured? 

Just. Dolben. Answer her; were you tor* 
tured to make this confession ? 

Praunce. No, my lord, captain Richardson 
hath used roe as civilly as any man in England ; 
all that time that I have been there, I have 
wanted for nothing. 

L. C. J. See what he says ; that he did not 
make this confession by any fortune; but he 
made his recantation through fear, and the 
thoughts of death, because he had no pardon; 
and fear that he might live in want, by the loss 
of the trade, prevailed with him to deny what 
he had confessed. 

Mrs. Hill. It was reported about town, that 
he was tortured. 

Just. Jones. No, it was nosuch thing ; it was 
only the tortures of his conscience, for being 
an actor in so great a sin. 

Mrs. Hill. There are several about the 
court, that heard him cry out : And be knows 
all these things to be as false as God is true ; 
and you will see it declared hereafter, when it 
is too late. 

L C. J. Do you think be would swear three 
men out of their lives for nothing ? 

Mrs. Hill. I desire he may be sworn to 
that particular thing. 

Justice Jones. He is upon his oath already, 
and swears all this upon his oath. 

Mrs. Hill. Well, I am dissatisfied ; my wit- 
nesses were not rightly examined, they were 
modest, and the Court laughed at them. 

Berry. The centinels that were at the gate 
all night, let nothing out. 

X. C. J. Why, you could open the gate 
yourself. 

Berry. He says, he could have seen if the 
gate had been open, and that, as be saw, the 
gates were never opened. 

Justice Dolben. Well, the Jury have heard 
all, and wiU consider of it. 

Mrs. HilL Here is another witness, my lord, 
Mr. Chevins. 

L. C. J. Well, sir, What say you ? 
Chcvins. I have nothing to say, but that I 
heard Mr. Praunce deny all. 

L. C. J. Why, he does not deny that now. 
Well, have you any more? 
Chevins. We have no more. 
Attorney General. My lord, I must crave 
leave to speak a word or two ; and the Evi- 
dence having been so very long, I shall be ex- 
ceeding short. I intended when I began to 
open the evidence) to have made some ob- 
servations after the evidence ended ; to shew 
how each part of it did agree, and how the 
main was strengthened by concurrent circum- 
stances. But, in truth, the king's evidence did 
fall out much better than I could expect, and 
the defence of the prisoners much weaker than 
I could foresee. So • that, I think, the proof 
against the prisoners is so strong, and so little 
hath been alledged by them in their defence, 
that it would be but loss of time to do what | 
at first intended. Only I will observe, That 

P 



$11} STATE TRIALS, 3t Charles II. 1619— Trial if Green, Berry, and Hill, [21* 

Mr. Bedlow doth agree with Mr. Prauncc as 
far forth as is possible ; that is, . in those parts 
of the fact, of which he pretends to have any 
knowledge. Yet had they never any communi- 
cation one with another, as both have sworn. 
And your lordship will observe in how many 
particulars they do agree ; namely, as to the 
dark- Ian thorn, as to the covering of the body in 
the room ; how they intended to carry the body 
out in a sedan, and the rest. So that if they 
had laid their heads together to contrive a story 
they could hardly have agreed in so many cir- 
cumstances ; and yet this they do, without dis- 
coursing with each other before-hand. 

My lord I must likewise observe to you, that 
the servants of the Plow-alehouse concur as to 
meetings there : The maid agrees as to the pri- 
soners coming to sir £. Godfrey's house, and to 
the time, viz. that' Saturday morning ; nay, to 
the very hours of nine or ten o'clock ; that the 
constable's relation of the posture in which the 
body was found in the field, doth perfectly 
agree with the account that the murderers gave 
thereof to Mr. Praunce the next morning. 
The chirurgeons do agree with Mr. Praunce, 
as to the manner" of sir £. Godfrey's being kill- 
ed, the strangling, the bruising of his stomach, 
the twisting of his neck. And the witnesses 
from Bow make it out, that Dethick was sent 
for; that they had a dinner there. The boy 

§ roves that be overheard them reading some- 
ling about sir £. Godfrey, and that they were 
very merry ; and that for his listening he was 
threatened to be kicked down stairs. 

So that, I think, there never was an evidence 
that was better fortified with circumstances 
than this : My lord, I shall be bold to say, 
here it certainly as much evidence as the mat- 
ter is capable of. It is not to be expected, that 
they should call witnesses to be by, when they 
do such foul facts ; so that none can swear di- 
rectly the very fact, but such a one as was an 
actor in it. All circumstances relating to the 
fact, both before and after, are made out by 
concurrent testimony. And, my lord, I must 
observe, that this was a murder committed 
through zeal to a false religion, nud that reli- 
gion was a bond of secrecy. We all know, his 
majesty hath been graciously pleased, by his 
Proclamation, to propose a pardon, and a' re- 
ward to the discoverers. And yet almost with- 
out effect: their zeal to their false religion was 
a greater obstacle, than the Proclamation was 
an incitement to the discovery. And I do be- 
lieve, if Mr. Praunce had not had some incli- 
nation to change his religion, you had still been 
without so clear a discovery of this work of 
darkness, as now you have. I shall say no 
more, but conclude to the jury with that say- 
ing, that I remember in the Book of Judges 
(iu the case of a murder too, though of another 
nature), Judges xix. 30. * The people said 

* there was no such deed done, nor seen, from 

* the day that the children of Israel came out 
S>f Egypt.' And I may say there was never 
such a barbarous murder committed in England 
since the people of England were free from the 



yoke of the pope's tyranny ; and, as it b 
there, so say I now, * Consider of it, take ad- 
vice, and speak your minds.' 

Mr. Solicitor General. My Lord, I would 
onlv make one observation to your lordship, 
which is this : I do not find they do in the least 
pretend ro tax Mr. Praunce, that any person 
hath bribed him to give this evidence; nor that 
there was the least reward ever proposed to 
him to bear witness against them, not so much 
as the hopes of that reward contained in the 
king's Proclamation ; yet Mr. Praunce, if he 
had had a mind to bear false witness, might 
have laid hold of that opportunity ; but so far 
was he from pretending to discover any thing, 
that he denied all when he was first appre- 
hended. But after he was in hold, and likely 
to be brought to justice, and lying under the 
conviction of a guilty conscience, then, and not 
till then, does he discover it. 

There is no objection in the world to be 
made, but since this discovery, Mr. Praunce 
hath retracted what he said before, but he 
gives you a very good account of it; the terrors 
of conscience he then lay under, the fears that 
be should not be pardoned, and the appre- 
hensions he had from the threats on their side, 
and the danger of bis utter ruin, put him upon 
that denial. 

But, my Lord, he tells you likewise, That as 
soon as ever he was brought back to the pri* 
son, he owned all he bad said at first, and de- 
sired he might be carried back again to testify 
the truth of what he had first sworn to. This. 
my lord, he gives you an account of, and the 
same account does the keeper of the prison 
give too. I have nothing to say more, bat 
only just to observe the many circumstances 
whereby Mr. Praunce's testimony is fortified. 
Mr. Bedlow does agree with him in every cir*. 
cumstance, as far as his knowledge went: the 
maid of the house agrees with his testimony ; 
that says, she saw Green at sir £. Godfrey's 
several times, though here he denies he knew/ 
him. That she saw Hill there that very morn- 
ing her master was missed ; that he talked with 
her master a quarter of an hour ; that she knevr 
him by a very good token; not only by his 
face, but also that he had the same clothes on. 
then he hath now. 

Mr. Praunce hath likewise told you of ano- 
ther circumstance, the meeting at the Plow/-' 
alehouse, where they laid the whole design of 
entrapping sir E. Godfrey ; and herein he is for- 
tified by the concurrent testimony of the roaster 
of the house, and his servant too, though they 
now deny that ever they had been in his com- 
pany there ; or that they so much as knew Gi» 
raid; though when they were examined at the 
council-hoard, they said they knew Girald, but 
not Kelly J and' now they are pressed with it 
here, Hill retreats to this, that he knows one 
Girald, bat not Girald the priest. 

My Lord, I think the matter is so fully and 
so plainly proved beyond exception, that there 
needs no repetition in the case : it is impossi- 
ble that Mr. Praunce, a man of that xnemc 

1 



913] STATE TRIALS, 31 Charles II. \m. --for the Murder of Sir E. Go<tfr<y. [2l£ 

that which was most pressing in the evidence, 
he went to sir Edniundbury's house. - This he 
seems to deny ; but the maid does swear it ex- 
pressly upon him ; and says, she came first to 
him, and went up stairs, and then came back 
again, and still he was there. And she swears 
positively she knows him by bis face, and by 
the clothes be then had on, which are the same 
clothes he hath on now, and dint is the man 
that was with her master ; and this, which thej 
cannot disprove, half proves the matter. 

What bad he to do at sir Godfrey's house ? 
But that would be an bard puzzling question 
to be put to bim : What did you there ? And 
therefore he is to deny it ; but the maid proves 
it upon him, as well as Praunee. So that I 
would have you consider how many witnesses 
you have to one thing or another, all conduc- 
ing to this point. 

You have first Mr. Oates* that tells you the 
discourse that passed between sir Edmund bury 
Godfrey and him ; the maid tells you that both 
these men were there, one at one time, and the 
other at another ; and you have Mr. Praunee, 
that knew the whole affair, who tells you so like- 
wise, and that they were resolved to do the 
work that day, in so much, that if they could 
not doit, as they before contrived it (and sir 
Edmundbury Godfrey was sensible that he was 
dogged op and down), Girald did resolve to 
dogg him to his own door, and kill him in the 
lane that leads to his boose ; he would have ran 
him through himself ; and this Girald is one of 
those priests, whose church counts it no sin, 
but an act of charity to murder a christian! to 
propagate Christianity. 

When they had way-laid him, and watched 
his coming, from what place Mr. Ptaonce can- 
not tell ; for he knows nothing but what they 
told him, and they only named in general, that 
he was lodged in St. Clement's ; aod thereupon 
one comes to acquaint him, that they would en- 
tice him in at the water-gate by Somerset- house, 
atid they would do it with art enough, for they 
never want a contrivance for 4 so charitable an 
act ; And it was upon this pretence that there 
were two -men a wrangling and fighting, and 
then he being a justice of the peace, was a per- 
son that would part the fray easily. 

And it was a probable intention : For sir E. 
Godfrey was a man that was as willing to do all 
acts of justice as any one, and as little afraid 
to do it ; for the witness tells you before, 
that he said, if they did do him a mischief, they 
must do it basely, for he did not fear the best 
of them upon fair play. Then when be was 
desired to get himself a man to follow him, be 
slighted the advice : And we all know, that he 
was a man of singular courage, and therefore 
it was the easier to lay a trap for him. Then 
saith Praunee, when he was got in, Berry and .1 
were to have several posts,' which we were to 
go to, I to one place, and Berry to. another ; 
and I staid, saith he. till Green threw the cra- 
vat about his neck, and was assisted by Girald 
and the rest that were there.. And then, a* 
soon as we could imagine the thing to bo don** 



capacity, ahooJd invent a story with so many 
circumstances, sdl so consistent, if there were 
not truth ax the bottom of it. He shews you 
the particular places, from place to place, 
where they decoyed him in, and how they dis- 
posed of him, to the time they carried him out. 
And in each of these circumstances there is 
not the least improbability or cause to disbe- 
lieve him. It hath been already so fully re- 
peated, and the plainness of the evidence is so 
convincing, that I need not make more obser- 
vations upon it, but submit it to your lordship 
and the jury. 

Then the Lord Chief Justice directed the 
Jury in this manner : 

Look you, gentlemen of the jury, this is an 
inquisition for innocent blood that hath been 
shed, and jour business is to see if you can find 
oat the murderers. We would not add inno- 
cent blood to innocent blood: but on the other 
side, if you have received satisfaction so much 
as die nature of the thing can bear, then the 
land is defiled, unless this be satisfied. Now, 
for that I will urge the witness and testimony 
no further than it does appear; for yon and we 
are aff upon outf oaths to do uprightly, neither 
10 spare murderers, nor condemn the innocent 
In the first place, We began with Mr. Oates, 
and he told you, that he had some converse 
with sir E. Godfrey, and that he was threatened 
by some, and had no good will for bis pains, 
hi taking those examinations he had taken, 
and he was afraid his life was in danger. This 
he tells you was the discourse before- hand, aod 
this is produced to lead you to consider what 
sort of persons they were, of whom be was 
likely to have these fears; for his fears did 
arise from his having done bis part as a justice 
of peace, in taking the examinations upon oath. 
For the testimony of the fact, they produce 
first Mr- Praunee, wherein you will do well to 
observe all the degrees that he goes by before 
the met, and all the circumstances in the trans- 
action of that affair, and the parties by whom it 
was to be enacted : First he tells you, how long 
it was before they could entice him to consent 
to such a villainy as this was to murder a man ; 
he tells you by whom he was thus enticed, 
which makes the story more probable ; that is, 
by Girald and Kelly (two priests) ; and he tells 
it you still more probably by their doctrine, that 
it was no sin ; but it was rather an act of cha- 
rity to kill a man that bad done, and was like to 
do them mischief: So that if you consider the 
persons the; preached to him, and the doctrine 
they taught, it carries a great shew and pre- 
sumption of truth in itself. When they had 
met together at the Plow several" times (which 
was denied by some of them, but is most ma- 
nifestly proved by the master of the house and 
the hoy), and the wished for time was' come; 
for they were to watch the opportunity, and 
Mr. Praunee was to be at home, and they would 
call him to give his helping band ; he tells you, 
that Mr. Hul did go that morning ; for though 
be talks of an errand before, yet to keep to I 



215] STATE TRIALS, 31 Charles II. 1679.— Trial of Green, Berry, and Hill, [21G 



Berry comes in, and Praunce comes back from 
his standing, and by some motions finds that he 
was ali? e, and that till Green twisted his neck 
round ; which the Chirurgeons say was plainly 
a broken neck, and nothing of the wounds 
which were in hit body were given him while 
he was alive. 

.When they bad done this, he tells you, they 
carried him to Mr. Hill's chamber : Berry, Gi- 
rald, Kelly and the rest, ali helped him in, and 
there they leave him. Then Praunce goes away. 
This was on Saturday night. Then Praunce 
comes again on Monday night, and finds him 
removed to another chamber hard by, where 
he saw him by the light of a darkJanlheon, 
with something thrown over his face ; and after- 
wards on Tuesday night following they did re- 
move him back to Hill's lodgings, and there he 
lay till Wednesday night, when they carried 
him out. 

Saith Praunce, I saw him that night : ,1 was 
the man that helped to carry him out, for it 
was Praunce and Girald that carried him first, 
and it was Green and Kelly who went before, 
and took him up afterward. He tells you, they 
set him upon an horseback, and Hill behind 
him. They carried him out in a chair, which 
was a thing that used to come in and go out 
there, and so the less notice would be taken 
of it. I will observe to you afterwards, on the 
prisoners behalf, what is said for them to all 
this. 

But as to Praunce, you see tie hath given you 
an account from the top to the bottom, from 
the first transaction between tbem, from the 
time of his being called by them to help in the 
murder, and from bis seeing the handkerchief 
twisted about his neck, bis neck twisted round ; 
how they disposed of his body at first ; what 
removes they made, and when they carried him 
out, who were in company, who relieved them, 
and what became of him at last. 

He says, he saw him set up before Hill on 
horseback, and they told him, they had thrown 
him into a ditch, and Girald bad run him through 
with his own sword ; and in that posture, and 
in that place the constable found him : The 
chirurgeons tell you that it was by the twisting 
of his neck, and the strangling,, that be was 
killed, and not by the wounds ; and the very 
bruising? which Praunce speaks of, were found 
upon the view of the body. So that here is not 
any one thing that is not backed either in some 
particular circumstance or other ; besides Mr. 
Praunce's testimony, who (alone) could give the 
narrative of the fact. 

And it is no argument against Mr. Praunce 
in the world, that he should not be believed 
because he was a party, or because he after de- 
nied what he first said: First because you can 
have no body to discover such a fact, but only 
one that was privy to it : So that we can have 
no evidence, but what arises from a party to 
the crime. And in the next place, his denial 
after he had confessed it, to me, does not at all 
sound as an act of falshood, but fear. It is not 
a good argument to say, that he is not to be be- 



lieved because he deoied what he once ssid ; 
for he tells you he had not his pardon, he was 
in great consternation ; the horror of the fact 
itself, and the loss of his trade and livelihood 
was enough to do it. But how short was his 
denial, and how quick was his recantation ! For 
he denied it before the king; not upon oath : 
He swore it upon oath, but he denies it upon 
his word only ; but by that time he got home 
to Newgate, with captain Richardson, he fell 
down on his knees, and begged him for God's 
sake to carry him back to the king, for what I 
did say at first, said be, is true, and this denial 
is false. And here could be no tampering, no 
contrivance made use of; no, it is plain there 
could be no art used to make him retract 
from his first testimony. And these are the par* 
ticulars, as to Praunce's evidence. 

Then comes Mr. Bedlow, and tells you, that 
he was commanded by Le Faire, and the priests 
he was acquainted with to insinuate himself 
into the acquaintance of sir £. Godfrey ; they did 
not tell him why ; they themselves knew prin- 
vately wherefore, and they did intend him an 
an instrument to do it, as appears afterward. 
He tells you, he got into his acquaintance, by 
pretending to go for warrants for the good beha- 
viour and the peace, as he knew sir £. Godfrey 
was willing to have the peace kept; and he was 
with him every day almost, for a week or more. 

Then the priests come a little nearer, and 
tampered with him to kill a man, an ill man 
for their turn, und that Mr. Bedlow should be 
very well rewarded, he should have 4,000/. 
to kill that gentleman ; but still they kept • the 
name secret. He promised tbem fair, but 
broke his word. Afterwards be meets this com- 
panion that he had most confidence in, and 
being taxed with his breach of promise, said he. 
I bad business, I could not come. Well, said 
his companion, you should have been as good 
as your word ; but the thing is done, the per- 
son is killed, and I would nave you help to 
carry him away. He promises to do it; and to 
meet him at Somerset-bouse ; accordingly he 
comes up on Monday in the evening, and about 
nine or ten of the clock at night Mr. Bedlow 
swears, that in his chamber that Praunce says 
he was laid in, he did see the body by the help 
of a dark-lanthorn ; and his face was covered 
with a cloke or mantle, or some such thing 
thrown over him. 

And these two men, viz. Mr. Praunce ana Mr. 
Bedlow, as the council have observed, bad not 
any confederacy together, for they both swear, 
that the never had any converse at all ; and 
if it be so, then it is impossible for two men so 
to agree in a tale, with all circumstances, if 
they never conversed together, but.it must be 
true. 

It is hardly possible for any man to invent 
such a story ; for Praunce it is, I believe. ] 
find it is no bard Jthing for the priests to con- 
trive such an action ; but for two witnesses tc 
agree in so many material circumstances wit ft 
one another, that had never conversed logo. 
tber, is impossible. 



£17] STATE TRIALS, .11 Chablis II. 1679.-; for the Murder qfSk E. Godfrey. [210 



If all this had been a chimera, and not 
really so, then Praonce most be one of the no- 
tables* inventors in the world. And there must 
have been the mightiest chance io the world, 
that Mr. fiedlow and he should agree so in all 
things ; and that the maid should swear, that 
Hill was there that morning; and that the 
constable should find the body, just as they 
told Praonce they had left him. 

So that upon toe matter, you have two wit- 
nesses almost in every thing : for Mr. Bedlow, 
seeing him io the place murdered, is a plain 
evidence that the thing; was done ; and all the 
other witnesses, speaking to circumstances both 
before and after, make the evidence plain, that* 
these were the persons who did it. And I see 
nothing incoherent in all Mr. Praunce's testi- 
mony. 

I would not urge this so, if I was not satisfied 
io my own conscience that the relation is true. 
Id the prisoner's defeuce, there is but one thing 
that hath any sort *of weight ; for the young 
gentlewoman talking of his being constantly at 
borne at eight o'clock, is nothing ; for she says 
theysJwajsgo to bed about nine o'clock, and 
ihev five no answer to this, but that it could not 
he done in their house but they must know of it ; 
hot do not shew how that must needs be ; so 
that all their evidence isslight,aud answers itself 
or else not possible to be true. All the testi- 
mony that is considerable in this matter, is 
that which Berry produces ; and that is con- 
cerning the centinels who kept the guard that 
Wednesday night the body was carried out ; 
and he says, there was no sedan carried out 
And although this evidence be produced hut 
by one of them, yet it is to the benefit of them 
ail three ; for if it were certain and infallibly 
tree, that the centinels did so watch at the gate 
that no mortal -could go out of the place, and 
if the darkness of the night might nor binder 
him from seeing what might go out, or that Mr. 
Berry's voice being known to him, he might 
not call to him, and so Mr. Berry might open 
the gate without any mat caution, or more 
particular observation by the centinel, so that 
das might escape his observation or remem- 
brance, and yet that the centinel be an honest 
man, and speak true, as he thinks, to his best 
remembrance, which I leave to your considera- 
tion. But there is one thing the other centinel 
tens yon, that about eight or nine o'clock (for 
he went off at ten) there was a Sedan brought in, 
and he did not see it go out ; and so says he that 
watched from ten to one ; and this is the only 
thing which bath any colour in it, in behalf of 
the prisoners. But he that says there was no 
body went out, says also, that he never saw the 
sedan ; but the "centinel that was relieved, 
says, that he saw it go in. Now how far that 
single testimony of Nicholas Wright, the <:enti- 
sel wiQ weigh, who says that none went out, I 
leave with yon, which may be mistaken, either 
by reason of the darkness of the night, or those 
flther particulars I have observed to you. 

Bat this a all that can overthrow the whole 
ffries of the evidence that bath been given by 

I 



Mr. Prauncc, upon whom I find not the least 

reflection, except yon will call that one, which 
to me, as it is circumstanced, is rather an ar- 
gument for bim than against him, viz. his 
going off from what he said. And what sir Ro- 
bert Southwell says is regardable, that when be 
shewed them the place where he was strangled, 
the house to which he was first carried, be did 
it very readily and confidently, but was puz- 
zled to find out the room where he was re^- 
moved when he saw him by the dark lanthorn, 
and would not positively assert where it 
was ; which shews the integrity of the man, 
who would else have gone through with- 
out boggling, for if all were a lie, why 
should he stick at one thing more than ano- 
ther, but have shewed some room or other? but 
when he was confident he appeared so, and 
when he was doubtful he appeared so, and so 
shewed himself an honest man. 

These are the particular matters, and, as near 
as I can remember, all that hath been materi- 
ally offered for the prisoners, against the king's 
evidence. For the testimony of tbe landlord, 
Warrier, and his wife, it is plainly spoken of 
another time, for it was the Saturday after the 
Thursday he was found, the 19th of October. 
So that they speak nothing but what is true, and 
yet nothing to the purpose ; for the question 
is, of that which was done the 12th; but they 
speik of a iime when the tragedy was passed, 
so that there is only the single evidence of one 
witness, the centinel, which most be opposed 
to all the concurring evidence given against 
tbeui. 

Berry. There was centinels placed at every 
one of tbe gates. 

L. C. J. That is nothing, for we speak only 
of this gate, the great gate ; but I will tell yon 
what there is that does not arise from these 
witnesses, but from tbe nature of the thing they 
were about and the persons that transacted it, 
that gives credit to the testimonies of the wit- 
nesses, so as to incline any one to believe them 
as things stand at this day, in reference to the 
known design of the priests to subvert onr reli- 
gion, for they must justify one ill by another, 
and the mischiefs tbey have done will not be 
safe, unless they do more. 

And for the priests being the preachers of 
murder, and your sin, that it is charity to kill 
any man that stands in their way ; their doc- 
trine will make you easily believe their practice, 
and their practice proves their doctrine. Such 
courses as these we have not known in England 
till it was brought out of their Catholic countries : 
what belongs to secret stranglings and poison- 
ings, are strange to us, though common in Italy. 
But now your priests are come hither to be the 
pope's bravos, and to murder men for tbe ho- 
nour of his holiness : and as thev are inhuman 
so they are unmanly too ; for sir £. Godfrey 
bad not been* afraid of two or three of your 
priests, if they would have dealt fairly with mm. 

Berry' He was a gentleman that I never 
spoke with in all my life. / 

X. C. J. You must say and believe, asyoar 



9U>] STATE TRIALS, SIChabwsII. 1619-— Trial qf Green, Berry, and Hill, [<2j9 



priest will have you, and in snch actions as 
these as jour priests suggest to you, so does the 
devil to your priests ; if you are upon the mat- 
ter necessitated to what they will have you 
think ; for though your priests preach up free- 
dom of will, yet they allow none to the under- 
standing. They hold you may do good or evil, 
but will not suffer you to understand right and 
wrong, for you cannot be perfectly theirs, if 
you have any thing of your own to guide your- 
selves by. , " 

I know that every body of that party is apt 
to say their priests own no such thing, but it is 
notoriously known to all the world, that they 
both print it, and«practise it. What, shall any 
of you dispute the power of a pope? saith a 
Jesuit : or, of a pope and council ? say the 
most moderate priests. Have you power to say 
how far you will be a papist, and how far not ? 
you may as well bound the sea, and bid it go 
thus far, and no farther, as limit the pope's au- 
thority. I wonder any man should be of that 
persuasion, and yet keep his reason : much less 
turn from our religion to theirs, if he considers 
how they impose, and what mischiefs and blood 
you are involved in by your priests, that have 
alarmed the nation. For I will affirm, the 
greatest mischief the papists have received, 
come from their uriests, who have such un- 
worthy and unmanly ways of setting up their 
religion : What ! Do tpey think it an act of 
charity to kill men ; or is the Christian Religion 
or yours, to be promoted by such means as 
these? No, gentlemen, it is the fault of your 
doctrine, and it is a monstrous mistake in you, 
if you think that yon have any power of your 
own whilst you continue in their persuasion. 

I know some will ascribe all to conscience 
that guides them, and that even these mischiefs 
are but the effects of their religious obedience ; 
but they are indeed the consequences of the 
blindness of their obedience. 1 wonder bow 
any man can have the face, thus to disorder a 
whole nation, and yet pretend conscience for it. 
Let no man tell me, O, sir, we desire none of 
these mischiefs you talk of; what, not if reli- 
gion requires it, or if the pope says it does? 
hath not the council of Laterun decreed that 
every popish prince ought to root out heresy 
upon pain of damnation 1 you must: can you 
go and tell the pope how far you will believe, or 
what you ought to do ? You may as well tell 
me, that if he were once with us, and had the 
power he once had, be would leave us to our- 
selves and that if he had the same ability, he 
would not have the same tyranny. 

And therefore all the Roman Catholic gen- 
tlemen in England would do very well to con- 
sider, how much it concerns Christianity not to 
give offence ; and if they cannot at this time 
Eve in a Protestant kingdom with security to 
their neighbours, but cause such fears and dan- 
gers, and thai, for conscience sake, let them 
keep their consciences but leave the kingdom. 
If they say, why should notwestay here, while 
we do no mischief ? Alas, that is not in your 
power. You cannot be quiet in your own reli- 



gion, unless you disturb ours ; and therefore, 
if to shew your consciences you acquit the conn- 
try, and let the inconveniencies light op your- 
selves only, I should then think you had seal, 
though not according to knowledge ; and not 
ascribe it to any plot, but to the simplicities of 
understanding. 

But, in short, there is a monstrous evidence 
of the whole plot itself by this fact ; for we can 
ascribe it to none, but such ends as these, that 
such a man must be killed; for it must be 
either because he knew something the priests 
would not have hiin to tell, or they must do it 
in defiance of justice, and in terror to all them 
that dare execute it upon them ; which carries 
a great evidence in itself, and which I leave to 
your consideration; having remembered, as 
well as I could, the proofs against them, and all 
that is considerable for them. Add to this the 
condition that we are in at this time, and the 
eagerness of the pursuit that these priests make 
to gain the kingdom, that, for my own part, I 
must put it into my litany, That God would 
deliver me from the delusion of Popery, and 
the tyranny of the Pope : For it is a yoke 
which we, who have known freedom, cannot 
endure, and a burden which none but that 
beast who was made for burden, will bear. So 
I leave it to your consideration upon the whole 
matter, whether the evidence of the fact does 
not satisfy your consciences, that these men 
are Guilty. And I know you will do like 
honest men on both sides. 

[Then the Jury withdrew to consider of 
their verdict, and after a short space returned 
again.] 

Cl.ofCr. Gentlemen, answer to your names. 
Sir Wdliam Roberts. 

Sir William Roberts, Here. And so the) 
rest. 

CI. of Cr. Gentlemen, are you all agreed of 
your verdict i—Omnes. Yes. 

CI. qfCr, Who shall say for you ? 

Omnes. Our foreman. 

CI. of Cr. Robert Green, hold up thy band 
(which he did). Look upon the prisoner; how 
say you, is Robert Green Guilty of the felony 
and murder whereof he stauds indicted, or Not 
Guilty ? 

Foreman* Guilty. 

CL of Cr. What goods or chattels, lands Of 
tenements ? 

Foreman. None, to Qur knowledge. 

CL of Cr. Henry Berry, bold up thy band 
(which be did). Look upon the prisoner. Bow 
say you, is Henry Berry Guilty of the felony 
and murder whereof he stands indicted, or Not 
Guilty ? 

Foreman. Guilty. 

CI. of Cr. What goods or chattels, lands or 
tenements? 

Foreman. None, to our knowledge. 

CL of Cr. Lawrence Hill, hold up thy hau«l 
(which he did). How say you, is Lawrence Hill 
Guilty of the felony and murder whereof he) 
stands indicted, or Not Guilty ? 



Guilty. 
CI. of Cr. What goods or chattels, lands or 



221] STATE TRIALS, 31 Charles II. 1679.— /or the Murder of Sir R Godfrey. (223 

lord; I think they always plead in custody of 
the marshal. 

Justice Wild. But this seems a very bar* 
barous thing, to take their clothes off their 
backs. 

Justice Dolben. It doth so, brother, and they 
must be restored. 

L C. X' Yes, ye;, you must restore them* 

Ashby. They shall he, my lord. 

Recorder. I pray your Judgment, 

L. C. J. Ask them what they can say to bin* 
der Judgment. 

CI. of Cr. Robert Green, bold up thy "band 
(which he did). Thou hast been indicted of 
felony and murder, thou hast been thereupon 
arraigned, thou hast pleaded thereunto Not 
Gailty, and for thy trial thou hast put thyself 
upon God and thy Country, which Country 
hath found thee Guilty ; what hast thou to say 
for thyself, why the Court should not proceed 
to give judgment of death upon thee, and award • 
execution according to the law ? 

Captain Richardson. What have you to say 
for yourself? 

Grrten. I declare to all the world, that I 
am as innocent of the thing charged upon me, 
as the child that is in the mother's womb. 
I die innocent, I do not care for death. I go 
to my Saviour, and I desire all that hear me to 
pray for me. I never saw the man to my 
knowledge, alive or dead. 

CI. of Cr. Henry Berry, hold up thy hand 
(whieh he did). Thou hast been indicted of 
felony and murder, &c. what canst thou say, 
ore. 

Berry. I do declare, I am not guilty of any 
thing in the world of this. 

L. C. J. We do not expect much from yon, 
and it is no great matter ; for your confession 
will do us little good, but only for yourselves'. 
We regard it not otherwise, because the evi 
dence was so plain, that all mankind is satisfi- 
ed, there is no scruple in the thing; and we 
know you have either downright denials, or eva- 
sions, or equivocating terms for every thing ; 
yet in plain-dealing, every one that heard your 
trial hath great satisfaction ; and for my own 
particular, I have great satisfaction that you 
are every one of you guilty. 

Cl.qfCr. Lawrence Hill, hold up thy hand 
(which he did). Thou hast be A indicted of 
felony and murder, &c, what canst thou say, 
he. 

Hid. I have nothing to say for myself, but 
that God Almighty knows my innocence. 

CI. of Cr. Crier, make an Yes, 

Crier. O Yes ! Our sovereign lord the king 
doth strictly charge and command all manner 
of persons to keep silence, whHst Judgment is 
giving upon the prisoners convicted, upon pain 
of imprisonment ; peace about the Court. 

Then Mr. Justice Wild, who, as second judge 
in that Court, pronounced the Sentence in all 
criminal matters, except High Treason, spoke 
to the prisoners thus : 

Justice Wild. You that art the prisoners at 



Foreman. None, to oar knowledge. 

CI. of Cr. Hearken to your verdict, as the 
Court hath recorded it. You say that Robert 
Green is Guilty of the felony and murder 
whereof be stands indicted. You say that 
Henry Berry is Guilty of the felony and murder 
whereof he stands indicted. You say that Law- 
rence H31 is Guilty of the felony and' murder 
whereof he stands indicted ; and that neither 
they nor any of them, had any goods or chat- 
tels, lands or tenements, at the time of the fe- 
lony committed, or at any time since, to your 
knowledge. And so you say all. 

Qames. Yes. 

L. C. J. Gentlemen, you have found the 
same verdict that I would have found if I had 
been one with yon ; and if it were the last word 
I were to speak in this world, I should have pro* 
nonnced them Guilty. 

At wVuch words the whole assembly gave a 
{reat about of applause. 

Ait. Gm. Will your lordships please to give 
Judgment this evening ? I know it is not usual 
the lame day. 

Justice Wild. My lord, I am ready. 

L. C. J. No, brother, I am to sit at Nisi 
Proa this afternoon, and it is time we broke up 
the Court. 

Ci. of Cr. Captain Richardson, you shall have 
a role to bring them to-morrow. And then the 
Court broke np. 

Ob Tuesday, the 11th of February, the Pri- 
soners were brought again to the bar, in order 
to receive tbeir Sentence ; and the Court pro- 
ceeded thus : 

Recorder. My lord, as I was directed by Mr. 
Attorney, these prisoners being convicted of 
murder, I do, for the king, pray Judgment upon 
•hem ; but I must first acquaint your lordship, 
mat immediately after their conviction, one of 
the officers, a tipstaff, pretending it was his fee, 
took their clothes off their backs. 

L. C. J. Who is that officer ? 

Recorder. One Ashby. 

L. C J. Call him. Why do you offer to 
meddle with these men's clothes ? 

A*koy. It bath been an ancient custom this 
40 years, some of us have known it, that the 
nanaalhath the upper garment of all prisoners 
tried at this bar. 

J* C. J. (Speaking to a Clerk of the Crown 
Office). Is there any .such custom, Mr. Water- 
boose? 

Waterhous*. No, my lord, not that I know 
of. 

L. C. J. Here ia Mr. Waterhouse, that hath 

faumn the practice of the Court this three-score 

jeers, savs there is no such thing. Either re- 

aore them their clothes, or we will take some 

acher course with you. Are they in your ens- 

Justice f Dolben. I do not know that, my 



233) STATE TRIALS, 31 Charles II. 1670.— Trial ef Green, Berry, and Hill, [994 



the bar, you have all three been indicted for a 
detestable murder, and thereunto have pleaded 
Not, Guilty ; and put yourselves for your trial 
opou your country ; and your country, upon a 
clear 'and pregnant evidence, I believe Co the 
satisfaction of all good men, that were indiffe- 
rent, have found you Guilty. I have little 
comfort to say any &hing to you, because I ob- 
serve your obstinacy at the bar ; but it is so 
generally among you all, you will confess no- 
' thine to the death. , 

Green. God forbid, Sir. 

Justice Wild. But though 1 am of another 
persuasion than you, and know you have no 
charity for me, yet I have charity for you. 
And if I shall say any thing, it is out of a zeal- 
cms affection I have lor your souls ; God knows 
J speak it upon no other grounds ; though the 
offence be horrid, yet I commiserate your per- 



sons. 



For the nature of your offence, it is murder : 
' He that sheds man's blood, by man shall bib 
blood be shed; for in the image of God 
created he him.' So saith God to Noah, intimat- 
ing and declaring thereby, that the intention of 
God Almighty, in the making of that law, was 
the preservation of mankind; and that he will 
not admit or suffer his image to be defaced or 
destroyed. If it shall be accounted treason 
against earthly princes to deface their images, 
is it not much more treason against the great 
God of heaven and earth, to deface his image, 
who is the ' King of kings, and Lord of lords?' 
The greatness of this sin struck such a damp 
and horror upon the soul of Cain, that it made 
him cry out, ' His punishment was greater 
than he could bear ;* or, as our bibles have it in 
the margin, ' His iniquity was greater than 
could be forgiven ; and it shall come to pass, 
that whosoever meeteth me, shall slay me :' 
being conscious to himself, that it was just and 
lawful, that whosoever did meet with him 
should slay him. And God himself doth set 
forth the heinousness of this offence, when he 
tells him, ' liis brother's blood cried to him ;' 
that is, cried unto God from the earth for ven- 
geance. Blood, it is of a crying nature, and 
wjll never cease crying, till it nad out the man- 
slayer. 

It is an offence so heinous in the eye of God, 
that he will* not endure it in a beast ; God 
saith, be will require it of a beast. And doth 
God require blood of a beast, a brutish crea- 
ture void of all reason, and will be not require 
it much more of man, whom he hath enaued 
with those two great faculties of reason and 
understanding? and certainly, if murder in 
general be enquired after, I may well say this 
of yours, there bath not been committed a 
more impudent and barbarous murder in this 
civilised nation, by one subject upon another. 
And observe how you did effect this murder, 
.with baseness enough. See the baseness of it; 
as the devil was the father of lies, so he was a 
murderer from the beginning ; aud you first 
begun your murder with an hellish, studied, 
and pre m ed i ta te d lie, Knowing that this gen- 



tleman was a person very vigorous in the exe- 
cution of bis place, tliat would omit no oppor- 
tunity of doing his office; you pretend you 
have occasion for him, and by this means draw 
him into your snare ; where what you do, you 
do cowardly and basely, first disarm him, then 
fall upon him, and murder him ; as the pro- 
phet David saith of the ungodly man, ' first 
gets the righteous man in bis net, and then 
ravisheth him.' 

Had boch a thing as this been acted by us Pro- 
testants in any Popish country in the world, I 
doubt there would scarce have been one of us 
left alive. They would not have takeu this 
course that hath been taken with you, to admit 
us to a fair trial ; no, they would have made 
their own hands their avengers : but, God be 
praised, we are of another religion, and of an- 
other persuasion. We leave vengeance to God, 
and, under him, to tjie magistrate ( who 
beareih not the sword in vain,' as you now/ 
find. 

If I could abstract folly from wickedness, 
certainly it was one of the greatest pieces of 
folly and sottishness iu the world ; tor what 
could be your end in it ? did you think that all 
the magistrates in Eogland were lodged in a\r 
£. Godfrey? that, if he were taken out of the 
way, there were not men of spirit and cou- 
rage, as faithful and diligent as he was t 
trouble not yourselves, nor let those of your 
persuasion trouble themselves, there are a nu- 
merous company of magistrates in this king- 
dom, that will do the same thing, aud act in 
it, and execute their offices with the same 
courage. 

And as to the manner of the murder : • whom 
have you destroyed ? a magistrate. For what r 
for the execution of his office. One that was 
a conservator of the peace ; and whose study 
it was to preserve you in peace, on him you 
have violated the peace, and nothing less 
would satisfy you than his precious life ; an af- 
front to the law, to the magistrate, to the king* 
to the nation ; yea, to God himself, upon whom 
an higher affront could hardly have been just* 
For the magistrate is God's ordinance ; God 
bath set him up to avenge himself upon the 
wicked, and to reward the good ; ' and be 
dotb not bear,' as . it is a sign by you be bath 
not born, ' the sword in vain.' 

I might say much more concerning the bet* 
nousuess of this offence ; but had I the tongue 
of men and angels, I could not say enough to 
set out the horror of it. And now let me tell 
you, I do not speak this to insult and domineer 
over you ; I praise God I am of another spirit • 
he knows I have another end in what 1 sa y % 
and my end is merely this, to persuade you 
from the foulness of your fact, to make a good 
use of it ; that the horridness of your sin may 
make the greater and deeper impressions on 
your spirits ; and so make your repentances 
more severe and efficacious, Had you as many 
years to live as you have hours, it wore Utile 
enough to bewail this horrid offence. Hut on 
the other side, as that will be little enough, 



225] STATE TRIALS, 3 1 Charles II. 1 679--/or the Murder of Sir E. Godfrey. [23fr 



yet let me give you this comfort, you have time 
enough, if you make a good use of it, to make 
jour peace with God. 

Pray let me dehort you from one thing ; and 
that is this, do not be of the opinion of those 
wicked miscreants the Jesuits, that have put 
y*a upon this matter; for I have so much 
charity for you as to believe they made it a 
matter of religion to you, and justifiable upon 
that account. Do not think so, for the law of 
God is indispensible, and no power under hea- 
ven can license to murder. So that though 
the offence in them is abominable, yet in you 
it is an offence too, and an horrid one. And 
when you have considered it as such, I- then 
desire you to take a right course to make your 
peace with God : for you must pass under an* 
other judgment than that of man, and that 
shortly ; you must stand before the Judge of 
heaven and earth. And therefore, if by this 
means yon can prevent that future judgment, 
you will have just cause to thank God that you 
had your punishment here on earth. There- 
fore let roe : id vise you to spend every minute 
you have left, in a free acknowledgment of all 
yovafleoces: for certainly some s>in went be* 
/a*, or this had never come after. .One sin 
Sop another, and makes way for the commis- 
siofl of another. 

And what must you rely upon ? not upon 
aay trash or trumpery, not upon any merit of 
your own ; there is but one Saviour and Me- 
diator, the Lord Jesus' Christ. And I would 
advneyou, in the words of that great Cardinal, 
one that was one of the greatest men of your 
religion, Bellarmine I mean, who having made 
a scrutiny, which was the safest way for secur- 
ing heaven, made the conclusion thus : ' To 
trust only upon the Lord Jesus Christ for life 
and salvation ; : which I advise you to do. 

I have now. done what I intended to say to 
you; and what I have said, I spoke to deliver 
my own soul, and upon no other account. I 
now pronounce the .judgment which the law 
hath appointed to' pass upon such malefactors ; 
and that is this : 

44 That you go from hence to the place from 
'whence you came, and from thence to the 
place of execution, where you shall be seve- 
rally hanged by the neck, till you are severally 
dead ; and the Lord have mercy upon your 
souls." 

Hill. I humbly beg one favour, that I may 
have the privilege to see my wife and children, 
aod toy brother, before I die, sometimes, 
L. C. J. God forbid else. 
HUl. Any day, I hope, my lord? 
L. C. J. Captain Richardson, let thern have 
the liberty of seeing their friends, but do it 
with care and caution. 

Just. Wild. t\xid 1 wifi say this more to you, 
if you will have any religious Proicstant di- 
vines to come to you, they shall be sent to you, 
hot none of your priests. 
Hill, I desire only my relations. 
Just. Wild. You shall have them, and we 
offer you the others. 

VOL. VII. 



Green. I have no relations that are catho- 
lics, but two, and they are not priests. God 
bless the king : and I desire all good people to 
pray for us. 

L. C. J. Mr. Astry, let the rule be entreti 
for their execution on Monday next. 

Cl. if the CV. Captain Richardson, yott 
shall have the rule for their execution on Mon- 
day next. 

Then the keeper carried away the prisoners 
to the gaol, trf be reserved till their execution* 

On Friday the 21st of February, the pri- 
soners, Robert Green, Henry Berry, and Law- 
rence Hill, were executed according to the 
sentence pronounced against them ; tbey all 
persisted to the last in denying the fact foe 
which they suffered. 



An Account of, together with, the Writing 
itself, that was found in the pocket of 
Lawrence Hill, at. the time he and 
Green were executed, Friday, the 21st of 
February, 1678-9, for the Murder of Sir 
Edmundbury Godfrey, knt. 

It is very fit the world should have some 
account of what was said at the Execution of 
these meu, and how they came to say what 
they did. Their Confession (as it is called) 
was a denial of the fact, which was penned and 
prepared in a very formal mauner, and taken 
out of the pocket of Hill,-who had neither pen, 
ink, nor paper, all the while he was in -New- 
gate ; yetf after he was dead, captain Richard- 
son, the master of Newgate, saw the execu- 
tioner take it out of his pocket ; which is ver- 
batim, as follows : 

" I now come to the fatal place where I must 
end my life, and I hope with that Courage that 
may become my* innocence :< I must now ap- 
pear before the Great Judge, who knows all 
tilings, and judges rightly ; and X Jbope it will 
be happy for me, a sinner, that I am thus 
ivrongfully put to death. I call God. angels, 
and men, to witness, that I am wholly ignorant 
of the manner, cause, or time of the death of 
justice Godfrey.; although, on that account, 
by the malice of wicked men, brought to this 
shameful death, which, I hope, will' give me a 
speedy passage to eternal life : In this hope I 
die chearfully because of my innocence, and 
the benefit of the precious ' wounds of my 
blessed Saviour, by whose merits I hope for 
salvation. I die a Roman Catholic, desiring 
all such to pray for roe : Aud I beseech God, 
iu his justice, to discover this horrid m order, 
with the contrivers thereof, that my innocence 
may appear. And though from my heart I for- 
give my accusers, yet I cite all such as have 
had a hand in this bloody contrivance, before 
the great tribunal of God's justice, to answer 
for the wrong they have done the innocent ; 
and particularly the Lord Chief Justice, and 
the brothers of sir Edmundbury Godfrey, wfth 
jury, witnesses, and all their partaker^. O 
Lord, bless and preserve his majesty, .Ad be 



237] STATE TRIALS, 31 Charles II. 1 679— Trial qf Green, Berry, and Hill, [228 



merciful to this poor nation, and lay no inno- 
cent blood to its charge. So I bid you all 
farewell in Jesus Christ, into vthose hands I 
commend my spirit. 1 * 

Then turning to some of the officers, he said : 
There is a report up and down, that I -have 
confessed the murder of sir Edmund bury God- 
frey to Dr. Lloyd ; I do deny it. 

This Paper was shewn to Hill's wife ; and 
she being demanded whether it was her hus- 
band's hand-writing, affirmed it was not : And 
being further asked, whether the conveyed it 
to him, she prq tested she knew not how he 
came by it ; and declared that she never saw it 
before. - 

Then Mr. Green said ; 

* I desire all your prayers: And as for sir 
Edmund bury Godfrey, I know not whether he 
be dead or alive ; for in my days I never saw 
him with my eyes, as I know of; and if false 

feople will swear against me, I cannot help it. 
pray God to bless my king, and all good 
people." 

Then captain Richardson told him, he had a 
fair trial, and wished him not to reflect on 
others, but to prepare himself for death : To 
which Mr. Green replied, I -pray God Almighty 
to forgive them all : I never saw sir Edmund- 
bury Godfrey, to nry knowledge in my life. 

Mr. Berry being a protestant of the church 
of England, was reprieved till the 28th of the 
tame month, in hopes he would make some 
discoveries. Nevertheless, when he came to 
the gallows, he absolutely denied all knowledge 
or concurrence in the fact for which be died ; 
as will be seen by the following Account of his 
Behaviour. 



A Relation of Mr. BeriCy's Behaviour and 
Discourse, from seven o'clock in the 
Morning, untill he was executed. . Writ- 
ten so soon as I got Home* 9 George 
Wilson. 

AYiiEir I came to him in Newgate, I found 
him upon his knees, at his prayers, with Dr, 
Patrick's Devotions in his hands. He toU| me 
he was glad I was come, and desired my as- 
sistance in prayer. After I had for some 
while prayed with him, which he did very fer- 
vently, I believe, for almost all the time he 
wept ; we then rose up both together, and had 
some little discourse. I told him, that as the 
law had condemned him, so I could not but 
conclude him guilty; and therefore did as- 
sure him, that there. Was a strict tribunal after 
this life, before which we must all appear; and 
in particular for him, that there were but two 
or three hours before he must suffer death, and 
come to judgment ; and therefore I did desire 
him, that he would reveal to me what he knew 

VFrom . a MS. in the library belonging to 
the * church of St. Martin's in the Fields. 



of the murder of sir Edroundbury Godfrey, 
that God's justice might be glorified in his 
death ; and that he would not go out of the 
world in his sin, un repented of; which it must 
be, if he did not abhor it, and confess it. He 
answered me, He knew not any thing of the 
fact for which he was condemned : This was> 
spoke with some asseveration. I hearing him 
give this answer, asked him, what were the 
particular things that were witnessed against 
him, for which he was condemned ? As I did 
conjecture then, I thought be seemed to be un- 
willing to* speak of this matter ; nor did his 
words seem to come freely from him : But he 
told me, that Mr. Praunce* had accused hita 

1 ■ ■ ■ ■ ■ ■ t ■ ■ 

* An Account of the proceeding to sentence 
against Miles Praunce, for wilful Per- 
jury | who was sentenced in the court of 
King's-Bencb, Westminster, upon a convic- 
tion by his own confession, on the 15th of 
June, 1686, in wilfully forswearing himself at 
the trials of Robert Green, Lawrence Hilly 
and Henry Berry, &c. in relation to the mur- 
der of sir Edroundbury Godfrey. 
Miles Praunce, a silversmith, having been, 
the last Easter Term, arraigned upon an in- 
formation of wilful perjury, exhibited against 
him in the court of king's Bench, for wilfully 
forswearing himself against Robert Green, 
Lawrence Hill, and Henry Berry, ore. in rela- 
tion to their murdering sir Edmundbury GoeV 
frey ; and for which, upon his oath, &c. they 
were executed for the said murder at Tyburn ; 
and he confessing himself guilty of the perjury 
specified in the same information, was, on Tues- 
day, the 15th of this instant June, again brought 
to the court of King's Bench, to receive his sen- 
tence. The Court having a while considered the* 
heinousness of the crime, and putting him k» 
mind of it, told him, It was well he was so 
sensible of his offence, it being so great a 
one, as to extend to the taking away the lives 
of innocent persons, which did aggravate it ; 
though one that had before him been found 
guilty of two notorious perjuries in that court,, 
continued obstinate to the fast ; and, for aught 
appears, has not hitherto shewn any remorse. 
Yet seeing he (meaning the prisoner) was sen- 
sible of his crime, and had confessed it, the 
Court had considered his condition, and would 
have some compassion on a true penitent. 
The sentence of the Court was, " That be 
should pay a fine of 100/. to the king : That he 
should appear before each court in West* 
minster-Hall, &c. with a paper upon his fore* 
head, expressing his crime : That on Monday 
next he should stand at Westminster in the 
pillory, between the hours of 11 and 1, for the 
space of an hour ; on Wednesday the like, be* 
fore the Exchange ; and on the folio wring 
Monday, at Charing Cross : And he was like- 
wise sentenced to be whipped from Newgau 
to Tyburn 1 and be to continue in prison unti 
all.w^s performed." 

ftraunce, upon the aforementioned exhorts* 
tion, declared, /tifrt his last confession was tbi 



£29] STATE TRIALS, 3 1 Charles II. 1679.-: fa the Murder tf Sir E. Godfrey. [230 



for the assisting in carrying sir Edmundbury 
Godfrey, after be was murdered, into a room 
in Sotoeraet- house; He said, He could not say 
lie bad never been in the room Mr. Praunce 

Xke of, fox he believed, one time or other, 
t he bad been in all the rooms of the honse ; 
bat that, to the best of his remembrance, he 
had never carried, in all his life, a two- penny 
weigbt into that room ; but did acknowledge 
God*sjusiice in his death, for changing his re- 
ligion lor interest sake. Hearing him thus po- 
sitively to deny the fact, considering Dr. Lloyd 
bad been with him two or three days before, I 
did aot farther press him, because I came to 
bun only for to assist him in prayer : And 
therefore, after this little discourse, we went to 
prayers again, and before we had done, the 
Ordinary of Newgate came in, to whom I 
gave place. 

Ha began to tell Mr. Berry, that he had 
found him of a more ingenuous temper than 
the rest were ; and wondered who had been 
tampering with him, ,to make him persist in the 
denial of the murder, which if he would have 
confessed, there was once hopes of a pardon ; 
bat if be woald at last confess it, he would en- 
deavour what he could to have hi in saved : And 
told him also, that it was no argument, that 
others bad foolishly thrown away their lives, 
- chat therefore be must do so too : therefore, says 
Mr. Ordinary, come tell me « hat is truth. Mr. 
Berry answered, Yon have been very pressing 
upon me ; I cannot tell what you mean (and 
shewed his averse ness again to speak of the 
murder.) I mean, says Mr. Ordinary, that 
thou wouldst teU me what is truth ; and prithee 
come tell me what is' truth ? Truth, says Berry, 
is not to tell a lye ; not to speak that a man 
does not know ; and this is truth. Well, days 
Mr. Ordinary, come tell me what thou knowest 
of the. murder, and do not damn thyself. 
Says Mr. Berry, But I think you would have 
sne, by your thus pressing of me ; for I did 
not know any thing of it, for a fortnight after 

troth ; and that he was very sensible of, and 
sorry for what he had done ; upon which the 
Court desired God to continue him so. 

The Sentence passed, the keeper of the 
Gatehouse was ordered to take back his pri- 
soner, which he accordingly did, conveying 
km to the Gatehouse prison, where he now 
<fwt 15, 1686), remains in custody. 



it was done, Mr. Ordinary then told him, be 
would deceive himself if he thought that any 
absolution, or any indulgence, of either priest 
or pope, could save him, without true re- 
pentance.' He said, he did not believe any 
such thing. Mr. Ordinary perceiving that this 
discourse did but disorder him, and bad put 
him out of that composure and calmness he 
was in before, gave it over, and went to prayers, 
till the sheriff sent to him, to come away to 
execution. When we were coming out of his 
prison-chamber, Mr. Ordinary asked i:im, if be 
should go along with him to his execution : 
Mr. Berry begged heartily that he would not, 
but desired ine to go along with him: Mr. 
Ordinary said, It was his place, and he would 
so. We both went, and got into the cart to 
him, at the place of execution s When he had 
prayed by himself a good while, Mr. Ordinary 
desired him to confess to the people his crime, 
which was seconded by others that stood by, 
saying, There was no repentance without public 
confession. Mr. Berry being thus pressed 
again, he declared (otherwise I believe he 
would not have said any thing, but have gone 
out of the world without speaking one word of 
his innocency, or the murder; for he seemed 
to be, both before and after, when pressed 
again to confess, to be averse to it) he was as 
innocent as the child that is new born. Pre- 
sently the sheriff stopped him from saying any 
thing more, and told him, he was not to suffer 
bim there to defame an honourable court, but 
if be had any other thing to say, he might : 
He answered, he did not blame either judge or 
jury, (and bad before at first prayed, as for the 
king and queen and church, so for the magis- 
trates, that God would protect them in their 
duty), but for his accusers, he must say they 
bad done him wrong, for he was not guilty of 
that for which he suffered ; but he prayed God 
to forgive them, and that his death might be 
the last innocent blood that might be shed in 
the land ; and prayed that his might never cry 
for judgment. After which, Mr. Ordinary 
prayed for him, which was very uneasy to him, 
and he desired him not to do it.. Then he de- 
sired me to pray for him; after which,! did 
not hear him say any thing, but left bim praying : 
And when the cart was drawing from under 
him, he lifted up his hands towards heaven, and 
said, " As I am innocent, so receive my soul, 
O Lord Jesus." 



231] STATE TRIALS, 31 Charles II. 1670.— Trial qf Samuel Atkins, [232 



248. The Trial of Mr. Samuel Atkins, at the King's-Bench, for 
being accessary to the Murder of Sir Edmundbury Godfrey : 
31 Carles II. a.d. 1679. % 



UN Saturday the 8th of February, 1079, Mr. 
Samuel Atkins was brought from Newgate to 
the bar of the Court of King's- Bench at West- 
minster, to be arraigned as accessary to the 
murder of sir Edmundbury Godfrey, which was 

, done in this manner : 

Clerk qfthe Crovm. Samuel Atkins, hold up 
thy hand (which he did). Thou standest indicted 
by the name of Samuel Atkins, late of the pa- 
rish of St. Mary le Strand, in the county of 
Middlesex, gent, for that whereas on the mor- 
row of the 'Purification of the blessed Virgin 
Mary, before our sovereign lord the king, at 
Westminster, by the oath of twelve jurois, good 
and lawful men of the said county, tried, sworn, 
and charged to enquire for our sovereign lurid 
the king, and ike body of the said county, Ro- 
bert Greeu, late of the parish aforesaid, in ibe 
county aforesaid, labourer; Henry Beery, late 
of- the same parish and county, labourer; Law- 
fence Hill, late of the same parish and cqunty, 

labourer ; Girald, late of the same parish 

and county, clerk ; Dominick Kelly, late of the 
Mine parish and county, clerk; and Philibert 

- Vernait, late of the same parish and county, la- 
bourer ; are indicted, {or that they not having 
the fear of God before their eyes, but -being 
moved and seduced by the instigation of the 
devil, the 13th day of October, in the 30th 

* year of the reigu of our sovereign lord 
Charles 2, by the grace of God, of England, 
Scotland, France, an'd Ireland, king, defender 
of the faith, &c. at the parish of St. Mary le 
Strand aforesaid, in the county of Middlesex 
aforesaid, in and upon sir Edmundbury Godfrey, 
int. in the peace of God, and of our said sove- 
reign lord tbe king, then and there being, felo- 
niously, voluntarily, and of their malice afore- 
thought, did make an assault; and that he the 
aforesaid Robert Green, a certain linen band- 
kerchief, of the value of sixpence, about the 
seek of the said sir Edmundbury Godfrey, then 
aad there feloniously, voluntarily, and of his 
malice aforethought, did fold and fasten ; and 
that he the said Robert Green, with the hand- 
kerchief aforesaid, by him the said Robert 
Green on and about the neck of the said sir 
Edmundbury Godfrey, in manner and form 
aforesaid folded and fastened, then and there 
him the said sir Edmundbury Godfrey did choak 
and strangle ; of which said choak ing and 
strangling of him, the said sir Edmundbury God- 
frey in manner and form aforesaid, he the said 
sir Edmundbury Godfrey then and .there in- 
stantly died ; and that the said Henry Berry, 

Lawrence Hill, Girald, Dominick Kelly, 

and Philibert Vernatt, then '»nd there felonious- 
ly, voluntarily, and of their malice aforethought, 
were present, aiding, abetting, comforting, and 
iruuutuiuiug the aforesaid Robert Green, tbe 



aforesaid sir Edmundbury Godfrey, in manner 
and form aforesaid, feloniously, voluntarily, and 
of bis malice aforethought, to kill and murder ; 
aud so they the said Robert Green, Heuiy Berry, 
Lawrence Hill, — — -Girald, Dominick Kelly 
and Philibert Vernatt, in manner and form 
aforesaid, the aforesaid sir Edmundbury God- 
frey, feloniously, wilfully, and of their malice 
aforethought, did kill and muider, against the 
peace of our sovereign lord the king, his crown 
and dignity. And that thou the said Samuel 
Atkins, at or upon the said 12th day pf Octo- 
ber, and divers days aud times before, the said 
Robert Green, Henry Berry, Lawrence Hill, 
'Gii aid, Dominick Kelly, and Philibert Ver- 
natt, the lelouy and murder aforesaid, at the pa- 
rish aforesaid, in the county aforesaid, to com- 
mit feloniously, « ilfully, and of thy malice afore- 
thought, didst command, counsel and qbet; and 
kuowiug the said Robert Green, Henry Berry^ 
Lawrence Hill, ■■ Girald, Dominick Kelly, 
and Philibert Vernatt, the felony and murder 
aforesaid, in manner and form aforesaid, feloni- 
ously fo have done and committed, at or upon tbe 
said 12th day of October, and divers days and 
times after, at the pariih aforesaid, in the county 
pfbtesiud, feloniously the said Robert Green, 
Henry Beiry, Lawrence Hill, Girald, Do- 
minick Kelly, and Philibert Vernatt, didst har- 
bour, comfoir, and maintain, against the, peace 
of our sovereign lord the king, his crown and 
dignity. How sr.yest thou, Samuel Atkins, art 
thou Guilty as accessary to the said felony and 
murder whereof thou standest indicted, and hast 
been now arraigned, or Not Guilty ? 

S. Atkins. Not Guilty. 

CLoftheCr. Culprit, how wilt thou be 
tried? — S. Atkins. By God and my country. 

CI. of the Cr. God send thee a good deli- 
verance. 

S. Atkins % My lord, I do humbly desire, that 
tbe several e&amiuaiiuns taken concerning this 
business, may at my trial be brought into the 
Court. 

L. C. J. (Sir William Scropgs ) This is to be 
left to Mr. Attorney to do in it as he pleaseth ; 
for he is to take care of the king's evidence. 

S. Atkins. I only desire, my lord, that they 
may be brought in. Mr. Recorder had some of 
them taken before him. 

Recorder (Sir George Jefferies.) To satisfy 
this gentleman, my lord, whatever examinations 
were taken before me shall .be brought. 

L. C. J. Why, Mr, Atkins, do you know no- 
thing of this business, that you are so willing to 
have all the evidence brought in against you ? 

Atkins. My lord, I know nothing of it at all, 

L, C. J. Are you a papist, Mr. Atkins £ 

S. Atkins, No, my Lord, I am not, 

X. C. J. Were you never one i 



233] STATE TRIALS, SI Charles II. I679.— for the Murder of Sir E. Godfrey, [334 

law, the king's Attorney General, or this inquest 
now to he taken of Samuel Atkins the prisoner 
at the har, his being accessary to the felony ami 
murder whereof Robert Green, Henry Berry, 
Lawrence Hill, and others stand indicted, and 
as accessary of which said felony and murder 
the said Samuel Atkim stands indicted, and 
hath been arraigned, let them come forth, and 
they shall be heard, for now the prisoner stands 
at the bar upon his deliverance. 

Att. Gen. (Sir William Jones,) My Lord, I 
must inform your lordship, that there is another 
Indictment against Mr. Atkins as principal, 
which was preferred heretofore, but we have 
since thought fit to prefer another as accessary. 
Now to discharge him of the first, I desire he 
may be arraigned on that before his trial. 

CI. of the Ci\ I did so intend to do, Mr. At- 
torney. Samuel Atkins, hold up thy hand, 
(which he did). Thou standest indicted by the 
name of Samuel Atkins, late of the parish 'of 
St. Clements Danes, in the county of Middle- 
sex, gentleman, for that thou, together with 

V* elch, and T.e Faire, of the j>aid parish 

sui.l county, gentlemen, not having the fear of 
God before your eyes, but bcine, moved and se- 
duced by the instigation of the devil, the twelfth 
day of October, in the thirtieth year of the reign 
of qur sovereign Lord Charles '2, by the grace 
of God of England, Scotlab J, Fn.nce and Ireland 
Kin*.*, defender of the faith, &c. with force and 
arms at the parish aforesaid, in the county 
aforesaid, in and upon sir Edmundbury Godfrey, . 
knight, in the peace of God and of our said so- 
vereign lord the king, then and there being fe- 
loniously, wilfully, miJ of your malice afore- 
tf.ougl.t, did make an assault, and that th6u 
the sard Samuel Atkins, a certain linen cravat, 
of the value of one penny, about the neck of 
the said sir E. Godfrey then and there feloni- 
ously, wilfully and of thy malice aforethought, 
didst fold and fasten, and that thou the said 
Samuel Atkins with the said cravat, so by thee 
the saiu Samuel Aihin3 about the neck of the 
said .sir E. Godfrey fastened and folded as afore- 
said, then and there the s;iid sir E: Godfrey, fe- 
loniously, wilfully, and of thy malice afore- 
thought, didst choke and strangle; of which said 
choking and strangling of the said sir E. God- 
frey by thee the said S.»muel Atkins, in manner 
and form aforesaid done ami committed, the 
said sir E. Godirey, in the parish aforesaid, in 
the county cforcsai I, instantly died, and that 
the aforesaid Welch, Le Faire, fe- 
loniously, wilfully^ of jheir malice aforethought, 
were then nnd. there present, aiding, assisting 
abetting, comforting and maintaining thee the 
said Samuel Atkins, the felony and murder, 
aforesaid, in manner and form aforesaid, to do 
and commit. And that so thou the said Samuel 



S. Atkins, No, I never was one, nor I hope 
shall be. When is it that your lordship 
pleasetb to have me tried, for I have lain these 
sixteen weeks in prison, and do earnestly desire 
my trial. t 

L. C. J- You shall be tried as soon as we can 
when Mr, Attorney thinketh fit. We must try 
the others pn Monday, and if there be time 
afterwards /ou may be tried then : however, 
captain Iticbardson shall have a rule to bring 
yoa up then. 

S. Atkins* I humbly thank your lordship. 

Then be was carried back by the keeper, and 
accordingly on Monday folio* ing he was brought 
ap; and after the trials of Green, Berry, aud 
Hill, were -over he was sent to the bar. 

February 10, 1679. 

L. C. J. Mr, Atkins, have you any bail ready ? 

S. Atkins. No, my Lord, I am prepared for 

nv trial, if your lordbhip pleasetb, but not with 

Wfl. 

L. C. J. Ay, bat, Mr. Atkins, it is the latter 
*od of the term, and many people's livelihoods 
lie at stale. We cannot lay aside all businebs 
for roan. 

S. Atkins. My Lord, my life lies at stake, 
led J have been under severe imprisonment a 
long lime. I humbly pray 1 may be 'tried ; be- 
sides, I have many witnesses, who have remain^ 
edin town on purpose to give evidence for'me 
ever since the last term. I hope my tiial will 
not take up much time. 

Justice Dolben. If you have so many wit- 
Besses, it cannot be soon over. 

5. Atkins. I have many ready, but hope I 
shall have occasion to use only a few. 

L. C. J. Mr. Atkins, we cannot do it, you 
most be content; you shall be tried at the ses- 
sions. Pray bow long is it to it ? 

Recorder. It is about three weeks my Lord. 

L. C. J. That indeed Mill be too lon^, but 
in the mean time you shall be bailed. 

S. Atkins. I submit, my Lord ; I think I 
have bail here. [Mr. Atkins was here calling 
his bail.] 

L. C. J, Come then, nampthem. 

Captain Lhyd. My Lord, 1 am a witness on 
behalf of this gent'.em in, and cannot possibly 
be in England a fortnight hence. 

S. Atkins. My Lord, this is a captain of one 
of the king's ships, und his occasions will indis- 
peosibly call him away, and this is the case of 
lereral others of my witnesses. 

L. C. J. Well, I do not know ; if it be so, 
you shall be tried to-morrow ; and so bring him 
up very early, [Speaking to Captain Richard - 
son.] 

And so Mr. Atkins went from the bar, and 
was brought up thither again on the morrow ; 
being Tuesday, wheu bis trial proceeded thus : 

February 11, 1679. 

CI. of the Cr. Crier, make proclamation. 
Crter. O Yes I Ii" any one can inform gur 
Wfereign lord the king, the king'* serjeaut at 



Welch and 



Atkins, with the aforesaid — 
Le Faire, the said twelfth day of October 
at the parish aforesaid, in the count v aforesaid, 
the said sir E. Godfrey, feloniously, wilfully, 
and of your malice aforethought, did kill and 
muider, against the peace of our sovereign lord 
the king, his crown aud dignity. How ssyett 



135] STATE TRIALS, 3 1 Charles II. 1679— Trial qf Samuel Atkw, [236 



found him guilty ; if Jou find him not guilty, 
nor that he did fly for it, say so and do more. 
and hear your evidence. 

Att. Gen. My lord, I am informed by Mr. 
Ward of the Crown-office, the prosecutor's 
clerk, that they have not sued forth a venire 
facias upon this indictment as principal; and 
therefore the jury cannot inquire of that at all, 
but must be discharged of it. Our writ is only 
fur the Indictment for being accessary. 

CI. of Cr. If you make the writ * de quibus- 
1 dam feloniis et accessaries/ and seal it a-new 
(which may be done presently, the seal being 
it the hall), it will do -for both. 

L. C. J. Do so, then Mr. Ward, that both 
may be dispatched. [Which was done accord- 
ingly.] 

CL of Cr. Samuel Atkins, hold up thy hand 
again (which he did). You of the jury, look 
upon the prisoner, and hearken to bis cause. 
You shall further understand, that he stands 
indicted by the name of Samuel Atkins, late 
of the parish of St. Mary le Strand, &c. (proof 
in the first indictment mutatis mutandis) against 
the peace of our sovereign, lord the king, his 
crow and dignity. Upon this indictment he 
bath been arraigued, and thereupon pleaded 
Not Guilty, and for his trial hath put himself 
upon God and his country, which country you 
are. Your charge is to inquire whether he be 
guilty of this felony as accessary to the said 
Robert Green, &c. or not guilty. If you find 
him guilty, &c. (sicut antea.) Crier make pro- 
clamation. 

Crier. O yes ! If any man will give evidence 
on behalf of our sovereign lord the king against 
Samuel Atkins, the prisoner at the bar, let 
them come forth, and they shall be heard, for 
tbe prisoner stands at the bar upon his deli- 
verance ; and all others that are bound by re- 
cognizance to give evidence against the prisoner 
at the bar, let them come forth and give 
their evidence, or else they forfeit their recog- 
nizance. 

Serjeant Stringer. May it please your lord- 
ship, and you gentlemen of the jury, Samuel 
Atkins the prisoner at the bar stands indicted 
here of two facts by two indictments ; tbe one 
as principal in this murder, the other as acces- 
sary. The first of* which we shall lay aside, 
and of his being the murderer give no evidence; 
and so, gentlemen, you must find him not guil- 
ty of that. But as to the indictment as 



thou, Samuel Atkins, art thou guilty of the fe- 
lony and murder whereof thou standest indicted 
and hast been now arraigned, or, not Guilty ? 

S. Atkins. Not Guilty. 

CL of Cr. Culprit, how wilt thou be tried ? 

S. Atkins. By God and my country. 

CL o/Cr. God send thee a good deliver- 
ance. Samuel Atkins, hold up thy band 
(which he did). Those menthat you shall bear 
called and shall personally appear, are to pass 
between our sovereign lord the king, and you, 
upon the trial of your life and your death. If 
therefore you will challenge them, or any of 
them, your time is to speak unto them as they 
come to i he book to be sworn, and before they 
be sworn. Call the jury, Crier, and make an 
O yes. 

Crier. O yes ! You good men that are im- 
pannelled to inquire between our sovereign 
ford the king and Samuel Atkins the prisoner 
at the bar, answer to your names. 

CL qf Cr. Sir John Cutler. 

Crier. Vous avcz. Sir John Cutler, look upon 
the prisoner. You shall well and truly try, and 
true deliverance make between our sovereign 
lord the king and the prisoner at tbe bar, whom 
you shall have in your charge, and a true ver- 
dict give according to your evidence. So help 
you God. And so the rest were sworn. Tbe 
names of the twelve were these : Sir John Cut- 
ler, Michael Arnold, James Partridge, Thomas 
Cassee, Thomas Gostwick, John Wells, Am- 
brose Arnold, Rainsford Waterhoase, John 
Searle, Richard Pagert, William Waite, Ar- 
thur Blyth. 

CLofCr. Crier, count these. Sir John 
Cutler. 

Crier. One, &c. 

CL ofCr. Arthur Blyth. 

Crier. Twelve good men and true, stand to- 
gether and hear your evidence ; you that are 
sworn hearken to tbe record, you that are uot 
sworn stand down. 

CL o/Cr. Samuel Atkins, hold up thy hand 
(which be did). You that are sworn, look 
upon the prisoner, and hearken to bis caase. 
You shall understand that he stands indicted 
by the name of Samuel Atkins, late of the 

Sarish of St. Clement Dane in the county of 
fiddlesex, gentleman ; for that he, together 

*vitb Welsh, Le Faire, &c. (prout in 

She second indictment mutatis mutandis) against 
the peace of our sovereign lord the king, his 
crown and dignity. Upon this Indictment he 
hath been arraigned, and thereunto hath plead- 
ed Not Guilty, and foi*his trial doth put him- 
self upon pod and the country, which country 
you are. Your charge is to enquire whether he 
be guilty of this felony and murder whereof he 
stands indicted, or not guilty. If you find him 
guilty, you are to inquire what goods and chat- 
tels, lands or tenements he had at the time of 
the felony and murder committed, or at any 
time since. I£ you find him not guilty, you 
are to inquire whether he did fly for the same ; 
and if you find that be fled for it, you are to 
inquire of his goods and chattels, as if you had I privy, knowing, consulting, and abetting to xh 



sary, that sets forth, that whereas Robert 
Green, Henry Berry, Lawrence Hill, and 
other*, on the 12th of October last, at the pa- 
rish of St. Mary le Strand, in your county, did 
make an assault on the person of sir Edmund- 
bury Godfrey, and that Robert Green die 
throw about -the neck of sir Edmund bury a 
linen handkerchief, and Uvisted and folded i 
about his neck, by which twisting and foldinj 
the said Green aid strangle the said sir Ed 
inundbury, of which strangling he instantl 
died : and we say, gentlemen, that the prj 
soner at the bar is indicted as one that 



237] STATE TRIALS, 31 Charles II. 1679.— /or the Murder of Sir R Godfrey. [238 



commission of this murder, and that after the 
murder committed (for the acts are connected) 
he did receive, harbour, comfort, and maintain 
the murderers. To this he hath pleaded Not 
Guilty. If we prove him guilt j, we doubt not 
yoo will find bhn so. 

Alt. Gen. May it please your lordship, and 
you gentlemen of this jury, Mr. Atkins the 
prisoner is indicted upon two indictments ; the 
one is for being a principal in this murder, 
bat upon that we can give no evidence, for that 
was preferred before we had that full and plain 
evidence, which now we have of this fact by 
the testimony of Mr. Praunce. And I must 
sly thus much to Mr. Atkins, that he hath 
caose to bless God, that ever Mr. Praunce 
xaade this discovery; for I assure you, without 
that,there are those circumstances, probabilities, 
and presumptions, that he might have gone in 
great danger of being accounted a principal in 
the murder. But now, my lord, that matter 
being fully and plainly discovered by Mr. 
brattice's \estimony, that no man may bear a 
greater burden than be deserves, we acquit him 

as to that indictment, and now charge him only 
as accessary. And in that you will find the 
evxfeoce to be such, as might give us just cause 
to prefer the first indictment. 

For, my lord, we shall make it out, that Mr. 
Samuel Atkins did come to a gentleman of his 
own sirname, one Mr. Charles Atkins (who I 
think was' of kin to him, but whether he was, 
or not, is not material), and to him he did 
complain of the proceedings of sir £. Godfrey, 
that he was a man too active, and that he was 
in no sort to be permitted to live ; for if he 
were, he would be very prejudicial to some he 
was concerned for. And at the same time he 
did inquire after some bold man, I think one 
Child particularly, who had been with that 
Charles Atkins aboard the fleet, whether he 
lad behaved himself stoutly there; and finding 
him to be a resolute person, he desired Mr. 
Charles Atkins to send for him, and send him 
to him, and be would employ him ; and after- 
wards Child owned to Mr. Atkins, that he had 
been there. 

L. €. J. To which Mr. Atkins ? To the pri- 
soner? 

Alt. Gen. To Mr. Charles Atkins, who is 
the witness, Samuel Atkins is the prisoner. It 
was Samuel that complained to Charles of sir 
E. Godfrey ; inquiring after the courage and 
lesoUiuon of Child, and ordered Charles to 
tend htm thither : and afterwards Child, as he 
Said, went thither; and when he came back 
he did discourse with Charles Atkin9, desiring 
aim to join with them in the killing of a man, 
and did propose a great reward to him so 
to do. 

This, my lord, was the discourse precedent 
to the fact. But now to shew to your lordship 
tad the jury, that as the prisoner Samuel At- 
kins and he did design, the thing should be 
done, so he did pursue that design, and beana 
part in it. and was privy to it, and knew of it ; 
*e shall prove, that Mr. Bedlow, when he saw 



the body after it was murdered, which hap- 
pened, as was proved to you yesterday, on the 
19th of October last, found it removed from 
the place where by the testimony of Mr. 
Praunce he was first carried, into another 
room, and there by the help of a dark lanthorn 
several people then in the room saw him : 
Amongst whom, I say, Mr. Bedlow was one; 
and Mr. Praunce speaks to the same matter, 
and this was on the Monday night following. 
And I think we have a sufficient proof that Mr. 
Samuel Atkins was one in the room, that did 
see the body, and was consulting with them 
how to dispose of it : For we have this proof 
against him. Bedlow .finding a young man 
there, whom he did not know, he went up to 
him, desiring to know his name ; he tells him 
who he was, one Atkins, and describes him- 
self by a particular circumstance to whom he 
had relation, and Mr. Bedlow will tell you so 
much, that though the light was not very great, 
yet it was enough to let him see the faces of 
those he took notice of, and that this prisoner 
was there. And if this be true, it will have the 
effect of proving him guilty as accessary, either 
before or after the fact. 

This will be the course of our evidence, our 
witnesses are not many, and therefore our 
proof will not belong. We shall now call them, 
and when they have done, submit it to your 
lordship and the jury; and first we call Mr. 
Charles Atkins, 

Crier. Mr. Charles Atkins, lay your hancf 
upon the book. The evidence which you shall 
give for our sovereign lord the king against 
Samuel Atkins, the prisoner at the bar, shall 
be the truth, the whole truth, and nothing but 
the truth ; so help yon God. 

Recorder. My lord, this is Charles Atkins, 
whom we desire to begin withal. It was he 
that had the discourse first with Samuel Atkins 
about Child, and afterwards with Child about 
the murder. Pray, Sir, tell the discourse you 
had with Child, and the time when. 

C: Atkins. My lord, it was much about 
the time that his majesty went to New- 
market. 

L. C. J. That was in September, I think. 

C. Atkins. No, my lord, it was in the be- 
ginning of October. I cannot speak to a day, 
I cannot very well tell that, but it was much 
about that time. I had been with sir John 
Williams about the same business that I came 
to speak with Mr. Atkins about (ihis gentle- 
man whom I am forced to be witness against 
on the king's account ; but otherwise I have a 
great regard for him), and coming there I ask- 
ed the porter below stairs whether Mr. Atkins 
were in the house. 

X. C. Jr At what house was it ? 

C. Atkins. At Derby-house in Channel-row. 
He said, Yes. So I went up stairs, and found 
him there all alone in the study, where he ge- 
nerally writes near another study, where was 
the clerk that usually wrote with him, but he 
was alone ; it was in the afternoon : And after 
I had spoken to him, I desired him that he 



239] 



STATE TRIALS, 31 Charles II. 1679.— Trial of Samuel Atkins, 



[MO 



would walk out into the other room. And at 
the window, which is next ' the door that is to 
the office, he and I stood talking together. 
After we had discoursed a little about the plot, 
- he told fcie, that sir £. Godfrey had very much 
injured his master ; and if he lived would be, 
the ruin *f him. And thereupon I have heard 
J that his master was questioned in the House of 
Commons, asked him whether he were a par- 
liament man, thinking that might be the occa- 
sion of their questioning him : No, said he. 
But then he went off from what we were then 
discoursing, and he desired me to be secret, 
and went on upon that account in several par- 
ticulars, that I cannot now exactly remember. 
And as we were talking he broke off his dis- 
course short, and asked me if I knew Mr. 
Child : What Child ? said I, He that I used to 
meet at the Three Tobacco-Pi pes ? Said he, It 
is that Child that you recommended to me : 
For I had recommended such a one to him to 
be purser of a ship,. by the means of one Owen. 
Said he, Is he a man that is stout, or to be 
trusted with a secret f Said I, As to his 
valour I know nothing of it, but he has a very 
good character. Then said he, When you see 
him send him to my master ; but as for myself, 
I desire not to have him ask for me when he 
comes thither. I could not meet Child that 
night, but I did the next night ; and so he said 
he would go thither. And afterwards I met 
him again, and he said be had been there, and 
falling into discourse,, he would have engaged 
me to join in the murder of a man. 

L. C. J. What did Child say to you ? What 
is Mr. Atkins's masters name r 

C. Atkins. Mr. Pepys. 

L. C. J. What Mr. Pepys of the Navy ? 

C. Atkins. Yes, ray Lord. 

X. C. J. Had Child been with him ? 

C. Atkins. My Lord, he told me so. 

L. C. J. What did he say when he came from 1 
Mr. Pepys? 

C. Atkins. He told me nothing qf Mr. 
Prpys, but he would have engaged me to join in 
the murder of a man. I was then iust coming 
from walking, and met him in Holborn-fields, 
near the Three Tobacco- Pipes, and he desired 
me to walk with him, which I was unwilling to 
do. He told me he had something private to say 
to me ; I told him there was a shed in the back 
part of the house that was private enough ; 
and thither we went ; and I sat with my back 
to* the house, and J»e with his to the garden. 
And as soon as tho master of the house had 
brought a pot of ale, he fell into discourse, and 
told me he believed, that by reason of the 
necessity of my fortune, and the troubles I lay 
under, and my want of money, I would under- 
take a business that might relieve my wants. I 
replied, any thing that was honourable 1 would 
' undertake, or that became a gentleman ; but to 
rob on the highway,, or any thing of that na- 
ture, that was base, I would not do it. He 
answered me that it was a thing of greater mo- 
ment than that ; he told me it was the killing 
of n man. I immediately utterly denied tojoin 

7 



with him in it ; he gave me eight or nine days 
to consider of it, and I should have a great re- 
ward, if I would join with them. I heard of 
him no more for a considerable while, and thru 
I met him at the Three Cans or the Six Cans, 
Holborri, and renewing his discourse, he told 
me, if I would not agree with them to help to 
murder him, yet if I would conceal it, I should 
have 100/. brought to my chamber ; but if I 
did reveal it, I should not outlive it. 

L. C.J. This Child said? 

C. Atkins. Yes, my lord. 

L. C. J. Who were them were to be with 
you, captain Atkins, do you know? 

C. Atkins. I do not know, my Lord, he did 
not tell me who they were. 

L. C. J. Pray tell us again : What was the 
first discourse you had with Mr. Sam. Atkins? 

C. Atkins. I came to bprrow a little money 
of him, and it was' at the great window in the 
great room above stairs, the very window next 
the office where the prisoner writes, and there 
he began his discourse. We were talking of this 
plot that was discovered, and something about 
Coleman, but the particulars I cannot remem- 
ber, and then he fell into discourse about Sir 
Edmund bury Godfrey. 

L. C. J. What discourse was it ? 

C. Atkins. That he had injured his master, 
and if he lived, he would rum him. I asked 
him whether he was a member of the House of 
Commons, because I knew his master had bee a 
there questioned for his religion. No, said he ; 
bnt then he went off from that, which he was 
then talking of, which was concerning the Plot 
and sir Edmund bury Godfrey, and asked, if I 
knew where there was a stout man, and parti- 
cularly enquired about Child, and bid me send 
him to his master. 

L. C. J. Did he fear Sir Edmundbury God- 
frey would ruin his master, by discovering some- 
thing about the Plot ? 

C. Atkins. 1 understood so. 

L. C. J. Why, he did not say that his master 
knew of it, did he? 

6. Atkins. No, not to me. 

L. C. J. And" what did he talk of killing any 
bo'dv? 

C. Atkins. No, lie did not mention it to me. 

L. C. J. Then ail that he said to you was, 
that Sir Edmundbury Godfrey had very much 
injured his master, and if he lived would ruin 
him ; and then asked, if you knew a man 
that would be stout and secret, and bid you 
send him to his master, but not ask for him. 

S. Atkins. Pray, Mr. Atkins, will you tell 
what time that discourse was? 

C. Alkhs. I cannot tell that exactly. Ii 
was two days before Sir John Williams went 
into the country. It was about the time o 
the duchess her going beyond sea. 

S. /It kins. Was there no body by when W< 
had that discourse? 

C. Atkins. There was another, in a stud; 
hard by, I cannot tell exactly who. 

5. Atkins. Do you know his name when yoi 
hear it ? Was it Mr. Lewis ? 



311] STATE TRIALS, 31 Charles II. 1670.-; ft th* Murder qf Sir E. G*df,ey. [24« 



C.Atkins. I think ic was so, I cannot ex- 
actly telL 

JL C X What day was it, as near as job 
can? 

C. Atkins. I cannot say what day it was.; it 
was about seven or eight days in October, as 1 



L. C. J. You say it was about the time of 
the Duchess her going over into Holland. 
C. Atkins. 1 think so. I cannot positively 



SoL Gen. Had yoa any reward offered to 
too f>r killing of a man? 
* C. Atkins. Yes, I had by Child. 

8. Atkins. By whom was the reward to be 
paid? 

C.Atkins. He did not fell me. 

Alt. Gen. Now, N my lord, because it seems a 
strange thing, that Mr. Atkins, who says he is 
a Protestant, should be engaged in this busi- 
ness, we have a witness here to prove, that he 
bath been seen often at Somerset-house at 
Mass, and so he is a party concerned ; for those 
that are of that party, it was their interest to 
cot him off. And that is this boy. [Pointing 
to a bow that was then brought in.] 

L.C.J. How old are you, child ? 

Boy. About seventeen. 

Just. Wild. Do you know what,if you swear 
ssfae, will become of you? 

Boy, I will not swear false. ' 

Jasace Wild. What, if you do swear false, 
will become of yoo ? 

Boy. I stall be damned. 

Ait. Gen. He is a* like to speak truth as ano- 
ther. 

8. Atkins. What religion are you of, boy ? 

Ben;. A Protestant. 

8. Atkins. Do you know me ? 

Boy. No. 

Justice Wild. Sir, you are too bold with the 



L. C. J. Swear him. 

Ait. Gen. Pray hold. My Lord, this is a 
ess that Mr. Ward brings from below. I 
him not in my brief. I desire, before they 
swear bias, that he would give an account whe- 
ther ha knows the prisoner or no. 

Bay. No I do not. [And so the boy was 
earned off, with some expressions of Mr. A£- 
taroey's displeasure to Mr* Ward for bringing 
hooin.J 

Recorder. Jay lord, I perceive it was a mis- 
take ; k was some body else. We will pro- 
ceed to other evidence. 

Sol Gen. (Sir Francis Winnington.) We 
have hitherto gone upon the evidence to prove 
that Mr. Atkins, sought out for a stout man, 
and when he had found one be thought was 
sir his purpose, he bid him send him to his 
aaster. This stout man, Child, would have en- 
gaged the other witness in a murder ; and it is 
very probable what that murder was, to wit, 
the murder of sir Edmundbury Godfrey ; for 
we shall prove that the prisoner was aiding 
sad assisting to carry off the body. And for 
we call Mr. BetJlow, 



Then Mr. Bedlam was sworn. 

' Recorder. Pray, sir, will you tell my lord 
and the jury, whether you were in the roam 
where the body lay, and in what company yoa 
saw it? 

Bedlam. w Your lordship had an account yes* 
terrtay, how Le Faire came to acquaint me, 
that such an one was murdered, and that they 
intended so and so to dispose of the body. 
When I came to meet him at Somerset- house, 
I asked b^n who were to be concerned in car- 
rying him off. He told me, it was a gentleman, 
one Mr. Atkins. I thought it might have been 
this gentleman [pointing to captain Atkuisj 
whom I had known several years -since, and so 
1 enquired no further, but remembered he told 
me so ; and when 1 came into the room, there 
was a great many there and some of them their 
face* I did see, I asked a young gentleman 
whether his name was not Atkins, and he said 
Yes; then I asked htm, if he were Mr. Pepys's 
clerk. He answered Yes, and added, I have 
seen you often at my master's house. There 
was a very little light, and the man was one I 
was not acquainted with, though 1 had been 
often at the house, but could never meet with 
ham, and yet the roan said, ' he had seen ma 
often there :' So that it is hard fir me to swear 
that this is he. And now I am upon one gen- 
tleman's life, I would not be guilty of a false- 
hood to take away another's. I do not re- 
member that he was such a person as the pri- 
soner is ; as far as I can remember he had 
a more manly iace than be hath, and a 
beard. 

L. C. J. You do well to be cautious, Mr. 
Bed low. 

Justice Wild. Pray, what store of people 
were there ? 

Bedlam. I believe there were seven or eight. , 
Some there were that 1 knew. 
L C.J. Who were those? 
Bedlam. Le Faire and Prauoce. I remem- 
ber very well, I.asked Mr. Atkins this question, 
are you Mr. Pepys's clerk ? He said yes : I 
have seen you often at my roaster's house. 

L. C. J. And that was all the discourse you 
had with him ? 

Bedlam. Yes, for I was but a very little while 
there. 

L. C. J. But you cannot charge the prisoner 
to be him ? 

Bedlam. I do think he had a more manly 
face than the prisoner has, and. a beard. 

L. C. J. So vou think it rather was not be, 
than it was ha f 

Brdfaw. I cannot say it was he? nor I could 
not at first. I did not know but it might be 
some one that did assume his person to put 
me off. 

Justice Wild: Mr. Bedlow, pray let me ask 
you one question. Did you never know of any 
design to murder Sir £. Godfrey, till Le Faire 
spoke to you tocarryhtmoff? 

Bedlom. I knew not till I saw him murdered. 
They told me I should help to carry off the 
R 



fid] STATE TRIALS, SI Charles II. I6I9.— Trial qf SmrtutVAtkhs, (144 

body of one that was murdered, but I could not 
imagine whom. 

' JuC. J. But you knew that they were to 
murder a man ? 

Bedlam. Yes, my lord, but I knew not whom. 

Justice Wild. But you were appointed to 
insinuate yourself into sir E. Godfrey *s acquain- 
tance? 

Bed low. Yes, my lord. 

Justice Wild. And upon what errands were 
you sent ? 

Bedlam. To take out warrants for the peace. 

Justice Wild. And did you take out any ? 

Bedlow. Yes, against some persons, and 
there were none such. 

Recorder. Now, if your lordship pleases, I 
desire Mr. Bedlow to let us know, whether he 
did ask the person that said he was Mr. Atkins 
any other questions? 

Bedlam. No, I did not, 

Recorder. How came you to ask him no 
other questions, but only whether he were Mr. 
Pepya's clerk ? 

Bedlow. Because i never heard of any of 
/ that name, but he and this gentleman [pointing 



to captain Atkins], whom I know very well, 
and I could not tell but it might be he. 

L. C. J Here is the thing. Le Faire told 
him one Atkins should help him to carry the 
body off; and when became into the room, 
that person told him his name was Mr. Atkins, 
and then lie asked if be were Mr. Pepys's clerk 
for lie could not tell but that it was Charles 
Atkins. 

Recorder. We have another reason, my lord, 
for the asking that question. Pray what dis- 
course had you about any commission ? 

Bedlow. I had often been with captain Ford 
at Mr. Pepys's about his commission, and I had 
often desired to speak with Mr. PepysorMr. 
Atkins his clerk, but I could never nod either 
of tbem at home ; aud therefore when I met 
that young gentleman there, I asked him whe- 
ther he were Pepys's man and he said yes. I 
asked him if he knew me, and he told me yes. 
X had been often at his master's house wkh 
captain Ford, but I lmd never seeu Mr. Atkins. 

Recorder. What did he tell you besides? 

Bedlow. That was all the discourse we had. 

Sol. Gen. Did you ever hear of any other 
Atkins that lived with Mr. Pepys ? 

Bedlam. No, none at all. And the same tes- 
timony I Rive now, I gave at the first. And 
ray lord, I could not he positive before the 
lords of the committee, and I cannot be posi- 
tive now. 

Att. Gen. Indeed he was never positive at 
the first. Now, my lord, if you please, we will 
call a witness to prove, that that day, when this 
was supposed to be done, Mr. Samuel Atkins 
bad bespoke a diuner at Mount Horeb, but he 
had some other business, and did not come, 
and lost the price of a good dinner. Pray 
swear Thomas Walton, t Which was done.] 

Recorder* Pray, sir, what can you say ? 

Walton. As to the body of the cause, I have 
netjriftg to say. I k*v* pot seen Mr. Atkins 



these two years; but there having been some 
friendship between us, I had a mind to see 
him, and sent a particular friend to desire him 
to appoint a meeting. 

L.C.J. When?. 

Walton. At Mount Horeb. 

Att. Gen. My lord doth not ask where, but 
when, at what time ? 

Walton. At two of the clock. 

Att, Gen. What day ? 

Walton. The 12th of October. 

L. C. J. How come you to remember the 
day? 

}Valton. I will tell you my reason, my lord. 
When I heard that this gentleman was in this 
unhappy affair, I said, How much better had it 
been for him to have been in my company, that 
I might have vouched for him? But you [point- 
ing to the prisoner] did appoint, you know, sir, 
to meet me. Aud I took cognizance of this 
affair speaking to a particular friend. 

j£. C. J. How long after this? 

Walton. When the tidings were,* he was 
taken prisoner. 
, Att. Gen. A great while agone my lord, 

X. C. J. How long after sir £. Godfrey was 
murdered ? 

Att. Gen. About a fortnight. 

L. C. J. Was there a dinner bespoke ? 

Walton. I bespoke one for bim ; he knew 
nothing of it. 

Att. Getu Did he appoint to be there that 
day? 

Walton. Yes, he did. I think he will not 
deny it 

Att. Gen. Did you send a messenger to ban t 

Walton. Yes, I did. 

Att. Gen. What answer had you ? 

Walton. He brought me word, he would 
come at two of the clock to me. 

Att. Gen. Did you bespeak the dinner for 
him, and did you pay for it ? 

Walton. I never gave him any account what 
was to be for dinner. 

Att. Gen. But let this evidence go as far as 
it will. This gentleman had a mind to meet 
him ; sent a messenger to him to meet bim : 
he appointed at two o'clock ; and be bespoke si 
dinner for him, but be came not. Now we 
use it thus. I desire to know of him, when 
was the message sent ? How long before that 
day? or was it the day before? 

Walton. It was a week before. 

Att. Gen. What day before? 

Walton. It was a week before. 

Att. Gen. Can you remember what day ? 

Walton. I do not, for I had no dissatisfac- 
tion because he did not come. 

8. Atkiru. Will your lordship give me leave 
to ask him one question ? I own, sir, you sent 
to me by a school-fellow, about a week before, 
and desired me to appoint a day to meet you, 
and I appointed this day, and that for this resv- 
son ; I knew my master would be then out oi 
town, and so 1 thought I could conveniently 
meet you; but it being ten days before, I en- 
tirely forgot it ; -but can prove by several wit* 



where I did dine that day, wbicb I de- 
sire may be called. But now, my lord, this 
gentleman is open bis oath, who is a protestant, 
and was my school-master, I desire him to de- 
clare whether I was bred a protestant, or no ; 
and whether my friends were so or no ? 

L. C. J. How was he bred, sir ? 

Walton. He was bred op in the protestant 
refcpon, my lord. 

L. C. J. Were his father and mother pro- 
testants? 

Watom. Yes, my lord, they were so, and I 
know them very well. 

& Atkins. Pray, sir, declare whether I was 
not only bred a protestant, but whether I was 
not so also when I left your school ? 

Walton. Yes, my lord, he was always a pro- 
testant, and a very sealous one too. 

L. C. J. There is very much in that. 

Justice Wild. Where is this Mount Horeb? 

Recorder. It is in Pudding-lane, at one Mr. 
Appleby's. 

L. C. J. Well, have you any thing more, 
Mr. Attorney? 

Alt. Gen. No, my lord, I hare no more to 
say, all I near what defence the prisoner makes. 

L. £ J. Then, Mr. Atkins, you bare liberty 
to defend yourself. 

S. Atkins. My lord, and Gentlemen of the 
Jory, I hope I shall in my defence proceed 
?ery inoffensively towards God and towards 
this Court. First, towards God (before whom 
I am, in whose presence I must appear, and 
before whom I can protest my innocence as to 
what is charged upon roe), in that I shall de- 
clare nothing bat what is true : And towards 
this Court in the next place, because I intend 
to deliver myself with all the respect and sub- 
mission to it that becomes a prisoner. My 
lord, this gentleman, Mr. Atkins who hath 
brought this accusation against me, is a man 
whom I have kept from perishing, I suppose 
he will own it himself; I petitioned, solicited 
for him, and was instrumental in getting him 
eat of prison, for a fact which I shall by and 
by tell you. And though this, my lord, may 
seem against me, yet by and by 

L.C. J. Hold, vou mistake, Mr. Atkins, he 
does you no mischief at all, for he saith no 
more than that he hath been discoursing with 
too about the plot, and you said sir Edmund- 
bury Godfrey bad very much injured your 
fluster ; and that you desired to kuow if he 
were acquainted with a stout roan ; and asked 
naraealarJy of Mr. Child, and bid him send 
nun to your master; and be said afterwards, be 
had been there, and would have engaged him 
to job in a murder. All which is nothing to 
the purpose. 

8. Atkins. But I never had any such dis- 
course with him my lord. 

L. C. J. If you had,, or had not, it is no 
■titer : you need not labour your defence as 
to any thing be says. 

8. Atkins. I protest before God Almighty, 
I know nothing of it. 
Justice Voftau Bat what say you to Mr. 



19.-tf* thtMmrdertf Sir R Godfrey. [34ft 

Bedlow's testimony; Did you see the body of 
sir £. Godfrey at Somerset* House? 

S, Atkins. No my lord ; I am so far from 
that, that in ail my life I was never in the house. 

X. C. J. Then call a couple of witnesses to 
prove where yon were that Monday night, the 
14th of October, and you need not trouble 
yourself any farther. 

S.Atkins. There is captain Vittles, and his 
whole company. 

L. C. J. Can any of these say where yon 
were the Hth of October ? If they can, a 
couple of them is enough. Who is this ? 

Atkins. This is the captain, my lord. 

L. C. J. What is your name ? 

Capt. Vittles. My name is Vittles. 
■ L. C. J. Do you know Mr. Atkins the pri- 
soner ? 

Vittles. Yes, very well. 

L. C. J. How long have yon known him I 

Vittles. These 14 years. 

L. C. J. Can you tell where he was the 14th 
of October ? 

Vittles. I can tell by several circumstances, 
that your lordship shall understand, that I do / 
remember the day. 

L. C. J. Why, you cannot tell what day of 
the week it was ? 

Vittles. Yes, I can, it was of a Monday. . 

L. C. J. Where was he on a Monday ? 

Vittles. The king was pleased to command 
me to go to Antwerp, to carry over some offi- 
cers of the king's to the garrison ; I returned 
back the 6th of October, which was Sunday. 

Justice Jones, How come you to remember 
the days so exactly ? 

L. C. J. Mariners are very exact and punc- 
tual ; they keep accounts of every day, and 
have journals of all passages. 

Vittles. Ay, my lord, and I have it here in 
my pocket : The 6th day I arrived at Green- 
wich, which was sabbath day, and that day I 
would not come ashore, but I let it alone 
while Monday, which was the 7th day ; then 
my lord I went and appeared, and gave an ac- 
count to the Secretary of what I had done, 
according to my instructions, to see whether he 
bad any further service to command me. At 
present the Secretary told me, No, ; so I told 
him I would go down to the Yatch, and wait 
his majesty's commands ; and there I staid till 
Thursday ; and on Friday the Secretary, I 
think, was going out of town to Newmarket, and 
so I could receive no orders from him, but was 
to stay till he came back. On the Monday fol- 
lowing I came up about eleven of the clock, 
and I met with Mr. Atkins at the office he had 
at his master's the Secretary's; said I, I am glad 
you are at home ; and, said be, I am glad you 
are not gone, for there are a couple of gentle- 
women that desire to see a yatch, and if you 
will go down I will come, down too, and brine 
down my friends by aud by : Said I, I am glad 
I am in a way to serve you, and you shall be 
welcome to what I have. So I disappointed 
two or three friends that I had appointed to 
meet at Billingsgate, that I might get my boat 



247] STATE TRIALS, 3 1 Charles II. 1070— Trial qf Samud Atkhm. [MB 



ready. When I came aboard, I ordered my men 
to cteau it, and I got ready some provisions, 
»uch ns I had : But hi the mean time my young 
lord Berkefy and his men came to see* the yatch 
in the afternoon, where she lay then at Green- 
wich, over against the college; and I being 
glad of such a gentleman's company, entertain- 
ed him with a bottle or two of wine, and what 
the ship would afford, and when he went away, 
I fired five guns. And when he was gone, I 
was walking upon deck ; and I wonder, said I 
to my men who were with me, that Mr. Atkins 
doth not come ; he told me he would be here 
with some friendi ; I will go a- shore if he does 
not come quickly. And so, if it shall like your 
honour, I stayed an hour longer ; and, said I, 
if he doth not come in half an . hour, I will go 
a-shore and I was ready to go, when I saw a 
boat at a distance, and then said, I will stay for 
I believe Chat is the boat ; and it proved so. 
It w.as two of the clock when my lord went 
away, and it was then half an hour past four, 
or thereabouts. 80 when he came a- board his 
two friends came a- board with him, and went 
down hi to the cabin, 2nd drank a glass of 
wme, such as we had ; and the wine being good 
anc| just come from beyond seas, we drank till 
seven of the clock, and I would not let them 
go. ■ Then said he, I will not keep the boat 
upon charge here. No, you need not, said I, 
my boat shall see you a-shore. So he dischar- 
ged the boat, which was, I say, about seven 
o'clock, and so about eight or nine o'clock we 
had drunk till we were a little warm ; and the 
wine drinking pretty fresh, and being with our 
friends, we did drink freely, t^ll it was indeed un- 
seasonable : I must beg your lordships pardou, 
but so ic was; and at half an hour past ten, I 
ordered my meu to go off with the boat of four 
oars, that belonged to the yatch, and that 
would go much swifter than any other boats, 
and I put him into the boat very much fuddled. 
Now, my lord, away goes be, with four of my 
* men (they are here), and I ordered them, pray, 
said 1, put a-sbore Mr. Atkins and his friends 
where they will go a-shore. So I went to sleep 
when he was gone ; and the next day in the 
morning, when the boat came aboard, said I, 
where did you pot a-shore Mr. Atkins and the 
two gentlewomen ? At Billingsgate, said they. 
Why so, said I ? Which way would they get 
home? for I knew Mr. Atkins was very much 
in drink. Why, said they, the tide was so strong 
at the bridge, that we could not get through 
with our boat. Now it flowed that same night 
till twelve minutes past ten ; so that it must 
be near half an hour past ten when they went 
•way. 

Justice Wild, What, it flowed there at past 
ten? 

Tittle*. Yes, it did. 

L. C. J. Mr. Bedlow, what time of the 
night was it that you were at Somerset-house ? 

Bedlow, It was betwixt nine and ten. 

L. C. J. He was on shipboard theu. 

Justice Wild. He was very sober, that you 
tpokft withal, was not he ? 



' Bedlam. Yes, very sober, my lord. 

L. C. J. Theu call anotner witness, one el 
your men, and we have done. 

VittUs. Give the word for the boatswaia 
Trihbett. 

L. C. J. Did the women pledge you captain? 

Vittles. Pledge me, my lord. 

L. C. J. Ay, did they drink with you? 

V U ties. Ay, and drink to us too, my lord. 

£. C. J. Those be your men that sUnd there? 
[He, and several other of the ship's company 
were there.] Whither did you carry Mr. At- - 
kins when your captain commanded you to set 
him ashore ? 

Tribbet't. To Billingsgate. 

L. C. J. What time of night came joe 
there? 

Tribbett. At half past eleven. 

L. C. J. What time did you carry him from 
die. yatch ? 

Tribbet. It was about half an hoar past ten 
o'clock. 

L. C. J. What day of the week was it? 

Tribbett. It was on a Monday. 

L. C. J. Well, yon need not trouble your- 
selves any more. 

Ait. Gen. My lord, in this matter, it is in 
vain to contend in a fact that is plain. But I 
would desire (because some perhaps will make 
an ill use of it) that they would please to take 
notice, here is no disproving the king's evidence* 
For Mr. Bedlow did not at first, nor doth be 
now, charge him directly to be the man : so 
that whoever reports, That the king's evidence 
is disproved, will raise a very false rumour. 

L. C. J. No, no ; it is so much otherwise, 
that for all he hath said herein* be is the mora> 
to be credited in his testimony ; and Mr. At- 
kins needed not to make any defence, but must 
have come off without any, upon vt hat Mr. Bed- 
low says for him. 

Att. Gen, So likewise for the first man, all 
that he says consists together, and may be true, 
and yet Mr. Atkins innocent. 

L. C. J. So it may. 

Att. Gen. I desire the company may not go 
away with a mistake, as if the king's evidence 
were disproved. 

L. C. J. Not in a tittle. 

Att. Gen. Then I have done, my lord. 

L. C. J. No, I will tell you how it did arise. 
It arose from the jealousy of the murder of air 
£. Godfrey, and persons were willing to lay 
hold on any opportunity to find it out. And 
Mr. Bedlow was told such a man should be br* 
fellow to help him to cairy away the body; and 
hearing of such a name, thought it possible it 
might be such a one ; and he owning himself to 
bear that name, and to be Mr. Peoys's clerk, 
when he gave in his information, the people, 
who were put into such alarms as these, were 
very ready to catch at it* Therefore no body 
was to blame for pursuing Bedlow's evidence. 
He said nothing then; but what be says new, 
and that is nothing at all positive, which is all 
true, and yet Mr. Atkins doth appeal 1 to be a 
very innocent man in this matter. 



3WJ 



STATE TRIALS, Si Cjubus II. 1*71).— Trial of David Lam. 



[250 



Then the Jury consulted together at the bar, 
and agreed. 

CL of the Cr. Gentlemen, are you all agreed 
of your ? erdict ? 

Omnes. Yes. 

CLofthe Cr. Who shall speak for you ? 

Omnes. Our Foreman. 

€7. o/fA* Cr. Samuel Atkins, hold up thy 
hand. [Which he did.] Look upon him. Bow 
say you; is he Guilty of the felony and murder 
whereof he stands indicted, or Not Guilty? 

Foreman. Not Guilty. 

CI if the Cr. Did he fly for it f 

Foreman. Not that we know of. 

S. Atkins. God bless the king, and this ho- 
nourable bench. [On his knees.] 

CL of the Cr. Samuel Atkins, hold op thy 
hand. [Which he did.] Look upon the prisoner. 
Hew say you, h he Guilty of the felony, as ac- 
cessary to the murder, as he stands indicted, or 
Not Guilty? 

Foreman, Not Guilty. 

CL of the Cr. Did he fly for it ? 
Foreman. Not that we know of. 
S. Atkins. God bless the king and this bo* 
noorahJe bench. [On his knees.] 



CL of the Cr. Then hearken to your ver- 
dict, as the Court hath recorded it. Yon say, 
that Samuel Atkins is not guilty of the felony 
and murder whereof he stands indicted ; nor 
that be did fly fur it. And you say that he is 
not guilty, as accessary to the felony and mur- 
der whereof be stands indicted, nor that be did 
fly for the same; and so you say all f 

Omna. Yes. 

X. C. J. Mr. Atkibs, I should have been 
very glad that the rest, who have been con- 
demned, had been as inn6cent as you are f and 
I do assure you, I wish all mankind had been 
innocent. For, if any Protestant had been 
guilty of such a -thing as this, it would have 
grieved 'me to the very, heart, that any Protest- 
ant should do such things, as those priests pro- 
voke their proselytes to at this day. 

Capt. VittUs. My lord, here is his school- 
master will give your lordship an account bow* 
he was bred and brought up, and what a good 
conditioned young man he was. 

L. C. /. Well, well ; captain, go you and 
drink a bottle with him. 

Then Mr. Atkins went from the bar. 



249. The Trial" of David Lewis, 
of Llandaff), at Monmouth 
31 Charles II. a. d. 1679- 



a Jesuit, (pretended Bishop 
Assizes, for High Treason: 
[Written by Himself.J 



THE S8th of March, 1679, the assizes began 
at Monmouth, sir Robert Atkins being sole 
judge- A grand jury of gentlemen was re- 
turned by the sheriff, and called, against several 
of whom Mr. Arnold and Mr. Price excepted, 
and so put by, as such tbey conceived might 
befiiedti me ; a challenge not known before ; 
sarin the case between che marquis of Worces- 
ter, and the tenants of Wentwood, upon a riot, 
Henry Williams, esq. and others would have 
excepted against some of that grand-jury, the 
same judge Atkins then positively said, It was 
ridiculous and not usual to challenge out of a 
grand-jury. At last a jury was sworn, and an 
indictment drawn up against me, upon the 
statute of the t7th Elia. and preferred to the 
grandjury. That evening, being Friday, I was 



Not guilty. The next day, about ten of the 
dock in the morning, the judge came from the 
N'niyrius aide, and sat at the* crown side, and 
I at the same time being brought to the 
bar, the crier made proclamation for silence, 
that a jury for life and death might be impan- 
neiled, and I made my challenges ; presently 
a jury from the other bar was called, which was 
not usual, and I to challenge, the judge telling 
me, I might challenge without hindrance; .by 
pue»s I challenged three ; but out of that 
Nisi prists jnrj called to the crown bar, and 
chat by Mr. Arnold's own suggestion, who had 
• strong influence upon the judge as being his 
Juasmao, aad sitting at his ttght hand, divers 



were excepted by Mr. Arnold ; whereupon, to 
make up the jury, the judge commanded the 
high* sheriff to call in home, and he called many, 
and of those, still Mr. Arnold excepted, as 
either being of my neighbourhood, or acquaint- 
ance, for there being many in the country ; the 
sheriff seeing so many of his calling excepted, 
he desired Mr. Arnold himself should call 
whom he pleased ; whereat the judge checked 
the sheriff, and he said he was saucy : at last, 
with much difficulty, a jury was impanneiled, a 
jury now contrived, of none but such as pleased 
Mr. Arnold, principal prosecutor against me, 
which was very hard, and an ignorant jury it 
was withal : the jury being impanneiled, it was. 
sworn, the indictment read, and witnesses 
called, thus : 



arraigned opon that bill, to which I pleaded , Clerk of the Assizes. David Lewis, hold op 



thy hand. Here thou standest indicted of 
high-treason, by the name of David Lewis; for 
that thou, being a natural subject of the king 
of England, hast passed beyond seas, aod hast 
taken orders from the Church and See of Rome, 
and hast returned back again into England, 
and continued upwards of forty days, contrary 1 
to the statute 87 Eliz. in that case made and 
provided, which by the said statute is bigb- 
treasou.* What bast thou to say for thyself I 
Art thou Guilty, or Not Guilty ? 

Prisoner. Not Guilty. 

Clerk. By whom wife thou be tryed r 

Prisoner. By God and my country. 

Clerk. God send thee a good deliverance, . 



8M] 



STATE TRIALS, siCsuiutll. 1679— Trial 



Ltxou, 



[850 



Ckrk. Crier, call WiHiam Price, Dorothy 
James, Jtfaney Trott, John James, Catharine 
Thomas. He calls them, aud they all appear. 
Then says the clerk to the crier, swear $em: 
and he sware them all. 

Judge. (Sir Robert Atkins.) William Price, 
took on the prisoner, do you Know him ? 

Price. Yes, my lord, I do know him. 

Judge. What have yon to say of him ? 

.Price. My lord, about a year and a half ago 
I saw him at Mrs. Bartlet's home, at a place 
called Castle-Morton in Worcestershire, and 
there 1 beard him read Mass, I was at con- 
fession with him, and I received the Sacrament 
from him, according to that way. 

Judge. Was there any altar, or any cruci- 
fixes or copes? 

Price, Yes, my lord, that there were. 

Judge. How many times did you see him ? 

Price. But that once, my lord. 

Judge. Were you of that way then ?• 

Price. Yes, my lord, upwards of 18 years. 

Judge. What are you now ? 

Price. A Protestant, my lord. 

Judge. Well, Mr. Lewis, what have you to 
say to this ? 

Prisoner. With your lordship's leave, I will 
answer all together. 

Judge. Very good, you do well, it will be so 
much the shorter. Dorothy James, look on the 
prisoner, do you know him ? 

Dorothy. Yes, my lord. 

Judge. WJiat have you to say of him ? 

Dorothy. My lord, 1 saw him say Mass, take 
confessions, give the Sacrament, marry, chris- 
ten, and heard him preach in the English and 
Welch. 

Judge. Were there altars and crucifixes? 

Dorothy, Yes, my lord, altars, crucifixes-, 
chalices, and such other things belonging to 
that way. 

Arnold. Did you see him give that they call 
Sxtreme Unction ? 

JJorothy. Yes, that I did, to my uncle, my 
father's brother. 

Judge. Do you know what Extreme Unc- 
tion is ? 

Dorothy. Yes, that, I do, it is anointing sick 
people with oil, when they are dying. 

Judge. It is right; that is another Sacra- 
ment of their church, grounding themselves 
upon these words of St. James, as 1 take it, « If 
any be sick among you, let him be anointed/ 
Qut that was in the times of miracles only. 

Arnold. Did he take upon him to free souls 
from purgatory ? 

Dorothy, Yes, that be did, and he had of me 
eight pounds in silver, and one piece of gold, to 
free my father's soul. 

Prisoner. Ood is my witness, to my best 
knowledge, I never had one single piece of any 
money from her or her husband, upon any ac- 
count whatsoever. 

Judge. Have you any more to say ? 

Dorothy. No, my lord. {And with that she 
Uttflhed at the bar. J 

Aueja^How natr, woman! do yon make a 



of it ? Carry yourself more mo- 
dest, lor the gentleman is for his life, and it is 
no jesting matter. Well, William James, look 
upon the prisoner. Do you know the prisoner? 
and what have you to say of him ? 

Wm. James. Yes, my lord, I do know him, 
and I have seen him read Mass many times, 
and take confessions, and give the Sacrament, 
and christen, and marry. 

Judge. Have you any more to say ? 

Wm. James. No, ray lord. 

Judge. Mr. Trott, what have you to say of 
the prisoner? Did yon ever bear him read 
Mass ? Was he reputed commonly a Jesuit, or 
Popish priest ? 

Trott. Yes, rov lord, he was commonly re- 
puted so, and I heard him often read Mass ; 
and I saw him marry Mr. Gnnter*s daughter to 
Mr. Body. 

Judge. Were you then of that religion ? 

Trott. No, my lord, I was deluded by my 
wife out of the Protestant religion, and was a 
Papist during her life-time. 

Judge. Are you of that religion stil! ? 

Trott. No, my lord. When I saw their 
wicked designs to kill my gracious king, 1 ab- 
horred their traitorous proceedings, and left 
them, and am now a Protestant, in which I 
shall continue. 

Judge. You do well. 

Arnold. My lord, there is Mr. Roger Saves, 
a very material witness. 

Judge. Crier, swear him. Mr. Sayes, what 
have you to say against the prisoner ? 

Sayes. My lord, I was employed with others, 
on the 16th of November last, to go and search 
for biro, and we found him, and took him, with 
several Popish things, which we carried away, 
&c. 

Judge. Did you see him at Mass ? 

Sayes. No, my lord. 

Judge. Then sit down. What have you to 
say, John James ? What, are you dead, or 
afraid to be wbipt? Look upon me, and speak 
out. 

John James. He married me and my wife. 

Judge. Is that all yon know ? Did you aee 
him at Mass ? 

John James. I know no more. 

Judge. Catharine Thomas, did you see him 
at Mass ? Why do not you speak, woman ? 
Speak, woman. 

C. Thomas. Yes. I have no more to say, dc* 
what you please with me. 

Arnold. My lord, there is one Cornelius in 
Court, I see him, wbo was clerk. 

Judge. Crier, call him, swear him. Well, 
Cornelius, did you ever see the prisoner at 
Mass? 

Cornelius. I am an ignorant fellow, I -know 
not what Mass is. 

Wm. James. My lord, he was his clerk. _ 

Cornelius. No, I was his servant. 

Judge. Well, sit down. Mr. Lewis, now 
what have you to say to all these witnesses, for 
yourself? 

Prisoner. Mylord, my Indictment was, Thavt 



U3] 



STATE TRIALS, 31 Chailbs 1L 1679.— /or High Treason. 



[954 



being ft natural subject of the king of England, I 
I was ordaioed beyond the seas, by ft juris- 
diction derived from the See of Rome, and re- 
turned hack agaio into England, &c. contrary 
to the statute in that case made and provided, 
27 Eli*. Under your lordship's favour, I con- 
ceive that there has not been here any one wit- 
neat, who hath prayed the Indictment, or any 
part thereof* 

Judge. What then ? Do yon eipect we shall 
learch the Records at Rome, or should bring 
persons to prove, that they saw you ordained 
there ? No, Sir ; it is enough 'that yon have 
eiercised the function of a priest, in copes and 
vestments need in your church, and that you 
hate read Mass, taken confessions, given abso- 
lutions, married, and christened ; if all this 
will not make you a priest, what will ? I bare 
tried several Popish priests, but never met with 
so full a proof as this now. 

Prisoner. All these things supposed proved, 
will not make me a priest, unless proved to be 
performed by me, as one ordained beyond the 
seas, by the jurisdiction derived from the See 
of Borne; for the very ministry of the Church 
of EarJaod take special confessions, and give 
ftVnsai absolutions ; many, in case of necessity, 
christen, though no priests ; and lately, the 
country knows it, one, no Popish priest, so- 
lemnly married a couple; neither can one 
prove to have seen me read Mass, unless it be 
proved first, that I was ordained beyond the 
seas, by a jurisdiction derived from the See ef 
Route ; for, no such ordination, no priest ; 
and, no priest, no Mass. 

Judge. To disprove all these witnesses, by 
saying, it cannot be proved you were ordained 
beyond the seas, by a jurisdiction derived from 
the See of Rome, is as much as that saying, 
BeHahnioe, thou lyest. 

Prisoner. My lord, were it proved that I 
read Mass, that were not treason in me, for 1 
am informed, that it were but the forfeiture of 
200 marks, by a statute of 93 Eh*. 

Judge. It is true, who hears Mass, forfeits 
100 marks. But he that uses to read it,commits 
treason : but these are the tricks of you all, 
yet all will not do : have you any thing else 
to say ? 

Primmer. With your lordship's leave, now I 
desire to speak something to the evidence of 
every particular witness. 

Judge. Speak then. 

Primmer. My lord, as to the first witness, 
Price ; as I hope to be saved, to the best of 
sbj memory, I never saw him, till this very day, 
before. I never knew or heard before now of 
that Mrs. Bardet, or of that place Castle Mor- 
ton ; I never was in that place all my life-time; 
way, I never was in Worcestershire, or in any 
boose in Worcestershire, but twice, the last 
time whereof was about five years ago ; and 
that was hut at my inn in Worcester town, 
where, with a servant, I alighted, bespoke my 
tapper, went to the coffee-house, drank two 
dishes of coffee, read the Gazette, returned to 
*y ion again, supped, went to bed, next morn- 



ing bought some few books at the stationers, 
dined, took horse,returned home again c This is 
all the being I ever was in Worcestershire. 

Judge. Look upon him, do you know him f 

Price, Yes, my lord, he is the man. 

Judge. Have you any more to say ? 

Prisoner. Yes, my lord. Mr. Trot was 
married to a kinswoman of mine, and she was 
a considerable fortune to him, which he having 
spent very idly, and she dying, be went to Loo- 
don, where finding au employment at Court, 
and there having done some unhandsome 
things, he was banished the court, and now 
lives upon the charity of gentlemen and friend* 
for his bread ; so that with good reason it may 
be believed, it is rather poverty and hope of 
gain, than any thing else, that brings bim here 
to accuse me. 

Judge. ' Paupertas ad turpia cogit.' Little 
gentleman, [he was a dwarf,] what can you say 
to this ? 

Trot. My lord, I was over with the king, 
and he commanded me to attend him at White* 
hall on his Restoration, where I came when I 
returned, and I was received into his service, 
but was never banished the court, only I cam* 
away upon discontent, and still I may go there 
when I please : My lord, I am desirous to do my 
king and country good service, hot I am in dan- 
ger of my life amongst them, and must look vet 
myself. 

Judge. Ay, Mr. Trot, bare a care of yourself, 
you do well. Mr. Lewis, have you any more to 
say for yourself? 

Prisoner. My lord, Dorothy James and 
William James her husband, their evidence is 
grounded upon plain malice, and that malice 
thus grounded : They pretending I owed them 
money, ihey sued me in Chancery ; but after a t 
considerable charge at law, finding themselves 
not like so to prevail, then they fell to threat- 
ening roe, that they would have me in band, 
that they would make me repent, that she 
would never give over to prosecute against die, 
till she had washed her hands in my heart's 
blood, and made pottage of my head. 

Judge. Can you prove that ? 

Prisoner* Yes, my lord, that I can. 

Judge. Call your witnesses then. 

Prisoner. Crier, call Richard Jones, Anne 
Williams, Anne James, and Cath. Cornelius. 

Judge. What can you say, Richard Jones I 

Richard Jones. I heard William James say, 
he would make Mr. Lewis repent. 

Judge. Anne Williams, what can you say ? 

Anne Williams. I beard from several per* 
sons, that Dorothy James said to several per* 
sons, in and about Carlion, that she would wash 
her hands in Mr. Lewis's blood, and that she 
would have his head to make pottage of, as of a 
sheep's head. 

Catharine Cornelius. My lord, and I heard 
the same. 

Judge. Anne James, what can you say f 

Anne James. I heard. Doiothy James swear, 
that she would wash her hands in Mr. Lewis*! 
heart's blood. 



855] 



STATE TRIALS, 31 Chahle* IL 1679.— Trial qf David Lews, 



(*** 



Judge. Where did you hear her say so ? 
^nne James. 1 heard her say so in her 
own house, at the fire-side, when I lived with 

her. 

Judge. Well, Mr. Lewis, all this will not do, 
all will not excuse you from being a priest ; or 
were you a hypocrite ? 

Prisoner. My lord, I am a native of this 
country. 

Judge. What, of this country ? 

Prisoner. Yes, my lord, of this country ; and 
those years L lived in this country, I lived with 
the reputation, of an honest man, amongst all 
honest gentlemen and neighbours. 

Judge. WeJl,,Mr. Lewis, have you any more 
to say? 

Prisoner. My lord, Mr. Sayes was sworn 
witness against me, I desire to ask him one 
question. 

Judge. Do so. 

Prisoner. Mr. Sayes, when you took me, 
was there a justice of peace with you, at taking 
•f me? 

Sayes. No. 

Prisoner. My lord, with this opportunity I 
humbly beg leave to clear myself from a foul 
aspersion, wherewith I am calumniated over 
the whole nation, in a printed pamphlet, which 
pamphlet I can here produce ; and wherein 
there is not one line of truth. For it says at 
the end of it, that I was taken by a justice of 
peace and others, in a place cunnmgiy con- 
trived under a clay-floor, which Mr. Sayes 
knows to be untrue; and whereas it aJledges, 
That I cheated a poor woman of 30/. to redeem 
her father's soul out of purgatory, the pamphlet 
names neither the woman, nor her husband, 
nor her lather, nor the place nor time, when 
nor where. 

Judge. Does it not ? 

Prisoner. No, my lord ; so that the whole 
pamphlet is one entire lie, devised by some 
Abolish malice. 

Judge. Mr. Lewis, I, for my part, do not 
believe it to be true. Have you any more to 
say? 

Prisoner. No more, my lord. 

Judge. Then withdraw and repose. Gen- 
tlemen of the Jury, here he stands indicted, &c. 
Kud summed up the whole evidence.] If you 
lieve what the witnesses swore, you must find 
the prisoner Guilty of High Treason; you have 
heard what was proved against him, therefore 
go together. 

Prisoner. My lord, before the Jury go, I 
desire to speak something, which now occurs 
•mo me, and is material against the evidence 
of Price. 

Judge. Jury, stay. 

Prisoner, this very morning that Price came 
to my chamber, with the gaoler (it seems it was 
to view me), he took a turn about the room, all 
the time eyeing me ; at his going out, he was 
asked by the gaoler, whether i was the man he 
meant ? and be answered, If I was he, I was 
much changed, and if I was be, I had black 
short curled hair. 



Judge. Can you prove that? 

Prisoner. Yes, my lord. 

Judge. Where are your witnesses ? 

Prisoner. Crier, call Elizabeth Jones anil 
Charles Edwards. , 

Judge. Woman, what can you say to this t 

Eliz. Jones. My lord, Price this morning, 
after he had viewed the gentleman in his cham- 
ber, as he was going out he said, If he be the 
roan, he is much changed, and hath black 
curled short hair ; which is not so. 

Judge. Charles Bd wards, what can you say ? 

Edwards. I beard Price say the same words 
she relates. 

Judge. Where is Price? Crier, call Hoi. 
But he was not to be found, being gone out of 
the hall. (This was the trick of Coleman, te 
asperse the witnesses.) 

[Here the Jury went out, and immediately 
returned again.] 

Clerk. Are you agreed of your verdict? 

Jury. Yes. 

Clerk. Who shall speak for you ? 

Jury* Foreman. 

Clerk. David Lewis, hold op tby band. 
Do you fiud the prisoner Guilty, or Not 
Guilty ? 

Jury. Guilty. 

Judge. Have you any more to say ? 

Prisoner. No more, my lord. 

Clerk. David Lewis, hold up thy hand. 

Judge. Give me my cap. David Xewis, 
thou shait be led from this place, to the place 
from whence thou earnest, &c. [As usual in 
Cases of fligh Treason.] So the Lord have 
mercy on thy soul. 

Then I made a bow to the Judge, and the 
Court arose. 



Afterwards, August 27, 1670, he was exe- 
cuted according to the Sentence, at Uske in 
Monmouthshire, where he spake as follows: 

" Here is a numerous assembly, I see ; the 
great Saviour of the world save every soul or 
you all; I believe you are here met not only to> 
see a fellow-native die, but also with expecta— 
tion to hear a dying .fellow-native speak. If 
you expected it not, at least 1 intended it, I 
hope the favour will not be denied me, it being 
a favour so freely granted to several late dying 
persons in London itself. I shall endeavour to 
speak inoffensively ; I hope the same favour 
will not be denied me. 

" * Let none of you suffer as a murderer or % 
' thief, but if as a Christian, let him not be* 
1 ashamed :' Saint Peter's words, 1 Peter iv. 
15, 16. I hope by God's holy spirit now whis- 
pered to my memory, and that to my abundant 
consolation ; for I suffer not as a murderer, 
thief, or such-like malefactor, but as a Chris- 
tian, and therefore am not ashamed. 

" | distinguish two sorts of life on earth, life- 
moral and life-natural ; life-moral is that by 
whieh we live with good repute in the esteem 
of other men of integrity ; life-natural is that by 



857] 



STATE TRIALS, 31 Chabuu II. 1G7 9. —/or High Treason. 



[958 



which we breathe ; in the first tort or kind, I 
thank God I have suffered lately, and exceed- 
ingly, when maliciously, falsely, nod most inju- 
rioaaJy, I " was branded for a public cheat, in 
pamphlet, in ballad, on stage, and that in the 
head city of the kingdom, yea, and over the 
whole nation, to Che huge and great detriment 
of my good name, which I always was as ten- 
der of, as the other I am now quitting. 

The pampbletical story, believe my dying 
words, had no truth in it, neither to substance, 
nor circumstance of the thiqg ; a story so false, 
that I could have easily defied the face that had 
attempted to justify it to tuy lace ; so sordid a 
business, a story so ridiculous, that I wonder 
how any sober Christian, at least who knew 
me, could as much as incline to believe so open 
an improbability ; who that Protest ai it young 
man there mentioned was, I' know not ; who 
that Popish young woman ; n who the father 
dead a year and a half before ; in what county, 
what parish, were all transacted, I know nut, 
none of aU these there particularized; and 
when » the ace of the country at last Lent- 
assizes, I vindicated my innocency herein, to 
the nrts/acrion of the then Judge himself, why 
appeared not there then some one to make 
food the charee, and disable my defence ? But- 
none of this offered ; a plain demonstration to 
all candid minds, the whole was a mere fiction 
of some malicious person against rae : God 
Jbrghre them or him, I heartily do. How for- 
ward my endeavours always have been to my 
power to relieve the poor, and not directly to 
defraud them, impartial neighbours that know 
me can tell you ; besides this, during my nine 
months imprisonment, several foul and false 
aspersions were cast out against me, and that 
by those unto whom, for full thirty years, I had 
been charitably serviceable : God forgive them, 
I heartily do. Yet notwittatanding all these 
calumniations, I hope I still retain the charac- 
ter of an honest man amongst gentlemen of 
worth, with whom I conversed, and with all 
neighbours of honesty, with and amongst whom 
I lived. 

And now I am parting with the other life 
by which I breathe, behold that within these 
£rw moments of time is to unbreathe me ; but 
why thus sledged to this country Tyburn t Why 
this so untimely death of mine ? Have patience, 
and I'll tell vou ; not for any plotting, I assure 
jou ; and wnat I shall now say, as to that, God 
a my witness, I shall speak without any equi- 
vocation, mental reservation, or palliation of 
troth whatsoever. 

Bj all that is sacred in heaven and earth, 
I here solemnly protest, that I am as innocent 
from any plot whatever against his majesty's 
person or government, as the infant that left 
the mother's womb but yesterday ; neither did 
I ever hear or know any thing directly or indi- 
rectly of any such plot, till public fame bad 
spread it over thecountry between Michaelmas 
sad All-Saints day last : This is true, as God 
shall judge and save my soul; neither was 
there any guilt o( any such black crime found 
rou nis 



in me by Mr. Oates, Mr. Bedlow, Mr. Dug- 
dale and Mr. Prauuce, when by them I was 
strictly examined on that point, last May, in 
Newgate, London ; nay, bad I had the least 
knowledge or hint of such plot, I had been as 
sealbu»ly nimble in the discovery of it, as any 
the most loyal subject his majesty hath in his 
three kingdoms ; wherefore, w hen I am dead 
and gone, if some malevolent give out, I lose 
my life for plotting, by charity strive to disen- 
gage him of his mistake ; do that right to my 
dead ashes. 

I was never taught that doctrine of king-kill* 
ing; from my soul I detest and abhor it as exe- 
crable and directly opposite to the principles of 
the religion I profess ; what that is, you shall 
know by and by ; it being the positive definition 
of the council of Constance, That it is damnable 
for any subject, or private person, or any sub- 
jects in council joined, to murder his or their 
lawful king or prince, or use any public or clan- 
destine conspiration against him, though the 
said king or prince were a Turk, apostate, per* 
secuior, yea or a tyrant in government;. Never 
tell me of Clement the murderer of Henry 
the 3d of France ; never tell me of Ravilliac, 
murderer of Henry the 4th of France, they did 
so, hot wickedly they did so, and for k they 
were punished to severity, as malefactors; and 
for it, to this very day, are stigmatised by all 
Roman catholics, for very miscreants, and vil- 
lains. I hope you will not charge the whole 
Roman catholic body with the villainies of 
some few desperadoes : By that rule, all Chris- 
tianity must be answerable for the treason of 
Judas ; for my part, I always loved my king, I 
always honoured his person, and I daily prayed 
for his prosperity ; and now, with all unfeigned 
cordiality, i say it, God bless my gracious Icing 
and lawful prince,' Charles 2, Kiug of England, 
and Prince of Wales, God bless him tempo- 
rally and eternally, God preserve him from all 
his real enemies, God direct him in ail his conn* 
cils, that may tend to the greater glory of the 
same great God ; and whatever late plot hath 
been, or is, the Father of lights bring it to light, 
the contrivers of it, and the actors in it, that such 
may be brought to their condign punishment, 
ana innocence preserved. 

But why again this untimely death I My re- 
ligion is the Roman catholic religion, in it I 
have lived above this forty years, in it I now 
die ; and so fixedly die, that if all the good 
things in this world were offered rae to renounce 
it, all should not move me one hair's breadth 
from my Roman catholic faith; a Roman ca- 
tholic I am, a Roman catholic priest I am, a 
Roman catholic priest of that religious order 
called the Society of Jesus I am ; and I bless 
God who first called me ; and I bless the boar 
in which I was ficst called both unto faith and 
function. 

Please now to observe, I was condemned foe 
reading mass, hearing confessions, administrtag 
the sacraments, anointing the sick, christening, 
marryiog, preaching : As for reading the mass, 
it was the old, and still is, the accustomed and 

S 



§59] STATE TRIALS, 31 Charles II 1619.— Trial of Nathanael Reading, [?C0 



laudable liturgy oftfie holy church ; and all the 
other acts, which are nets of religion, tending 
to the worship of God ; and for this dying, I 
die for religion. Moreover know,that when last 
May I was in London under examination con- 
cerning the plot, a prime examinant told me, 
that to save my life and increase my fortunes, I 
must make some discovery of the plot, or con- 
form ; discover plot I could not, for I knew of 
none ; conform I would not, because it was 
against my conscience ; then by consequence I 
must die, and so now dying, I die for conscience 
and religion ; and dying upon such good scores, 
as far as human frailty permits, I die with ala- 
crity interior and exterior ; from the abundance 
of the heart, let not only mouths, but faces also 
apeak. 

Here, methinks, I feel flesh and blood ready 
to burst into loud cries, tooth for tooth, eye fur 
eye, blood for blood, life for life ; No, crieth 
holy gospel, Forgive and yon shall be forgiven ; 
pray for those that persecute you ; love your 
enemies; and I profess myself a child of the 
gospel, and the gospel I obey. 
* Whomever, present or absent, I have ever of- 
fended, I humbly desire them to forgive me ; 
as for my enemies, had I as many hearts as I 
have fingers, with all those hearts would I for- 
give my enemies, at leastwise, with all that sin- 
gle heart I have, I freely forgive them all, my 
fteigb hours that betrayed me, the persons that 
took me, the justices that committed roe, the 
witnesses that proved against me, the jury that 
found me, the judge that condemned me, and 
ethers whoever, that out ef malice or zeal, 
covertly or openly, have been contributive to 
my condemnation ; but singularly and especi- 
ally, I forgive my capital persecutor, who hath 
been so long thirsting after my blood ; from my 
soul I forgive him, and wish his soul so well, 
that were it in my power, I would seat him a 
seraphim in heaven, and I pray for them in the 
language of glorious St. Stephen the protomar- 
tyr ; Lord, lay not this sin unto them ; or bet- 



ter ye', in the style of our great master, Christ 
himself, Father forgive them, they know not 
what they do. 

And with reason I love them also ; for though 
they have done themselves a vast soul-preju- 
dice, yet they have done me an incomparable 
favour, which I shall eternally acknowledge; 
bat chiefly I love them for his sake, who said, 
Love your enemies; and in testimony of my love 
I wish them, and it is the best of wishes, from 
the center of my soul, I wish them a good eter- 
nity. O eternity, eternity ! How momentanean - 
are the glorious riches, and pleasures of this 
world ! and how desirable art thou, endless 
eternity ! 

And for my said enemies attaining thereunto 
I humbly beseech God to give them the grate of 
true repentance, before ihey and this world 
part. 

Next to my enemies, give me leav%<o lift up 
my eyes, hands, and heart to heaven, and drop 
some few words of advice unto, and for my 
friends,as well those present as absent. Friends, 
fear God, honour your king,' be Arm in your 
faith, avoid mortal sin, by frequenting the sa- 
craments of holy church, patiently bear your 
persecutions and afflictions, forgive your ene- 
mies, your sufferings are great ; I say be firm in 
your faith to the end, yea, even to death, then 
shall ve heap unto yourselves celestial trea- 
sures in the heavenly Jerusalem, where no thief 
robbeth, no moih eateth, and no rust consum- 
eth ; and have that blessed saying of the bless* 
ed St. Peter, prince of the apostles, always in 
your memory, which I heartily recommend unto 
you, viz. Let none of you suffer as a murderer 
or a thief, but if as a christian let him not be 
ashamed, hut glorify God in his name. 

Now it is high time I make my addresses to 
heaven, and supplicate the divine goodness in 
rny own behalf, by sdme few short and cordial 
ejaculations of prayer. 

His prayers being ended, he was turned off. 



S50. The Trial of Nathanael Reaping,* esq. for a Trespass and 

Misdemeanor: 31 Charles II. a.d. 1679. 

ON Wednesday the 16th of Apri|, J679, his 
majesty's Commissioners of Oyer and Terminer 
did meet at Westroinster*hall, in the court of 
KingVbench, when and where the commission 
was read and proclamation for attendance be- 
ing made, and the grand- jury sworn, sir James 
Butler, her majesty's Attorney Gemeral r a»ul 
chief commissioner that then appeared, gave 
them- their Charge thus : 
Gentlemen, 
His majesty, upon the Address of the honour- 
able Honso of Commons, hath been pleased to 
give order for this commission of Oyer and Tcr- 



* He had been secretary to MassiniteHo, at 
the insurrection at Naples, aboHt thirty years 
before. His name occurs at p. 1 1 ;>5, of vol. 5. 



miner that hath been read, to issue out ; and 
the court thereby hath authority to inquire of, 
hear and determine several other offences r 
yet, at this present, you shall bave no other in 
charge than the particular offence recited in 
(he Indictment in my hand. It is a crime of 
an unusual and rare nature: the indictment is 
against Nathanael Reading; it sets forth the 
plot against the king, the government and the 
i elision established here by law, the horrid and 
pemicipus misthiefs and consequences of it r 
it sets forth likewise, that several persona, (anol 
names them) as Coleman, Ireland and Grove, 
were tried, condemned, and executed for the 
same: that several lords in the Tower do 
stand impeached in parliament of the said high* 
treason, and- other higli-ciimcs and 



261] STATE TRIALS, 31 Charles II. 1679.— /or a Trespass and Misdemeanor. [263 



meanors ; and this was well known to Mr. 
Reading, and that notwithstanding he hath so 
misbehaved himself, in endeavouring to lessen 
and stifle (as much as in him lay) the kind's evi- 
dence, that if it had not been happily prevented 
might have been of most mischievous conse- 
quence. I shall not take upon me to recite 
the whole indictment to you,, being very long, 
and not seeu or perused by me till uuw ; but 
you shall have the same along with you, it shall 
be read to voa. Your duty is, to examine and 
consider or the evidence to be offered you, on 
the behalf of the king, for the proof of the 
charge against the offender: if you find it 
amount to a proof of what is laid therein, nay, 
I most tell you, if you have but probable evi- 
dence, you ought to find the bill, because your 
presentment and verdict is not a convicrion, 
but in the nature of an accusation, in order to 
anng the prisoner to a fair trial : and if you do 
not find the bill, he shall neier be brought to 
his trial; but if you (having probable evidence) 
fcrtdit, be shall receive his trial I >y the petty 
jury ; arid upon the merits, be either acquitted 
or coaricted. This is as much as I think is fit 
for me to say to you at this time, upon this oc- 
casion. You mar please to go together, and 
Uke the witnesses along with you. 

[Then the Witnesses were sworn, and the 
Grand-Jury withdrew, and after the space of 
about half an hoar, returned, finding it BHla- 
Vera. After which the court adjourned to 
Thursday, the 24th day of April, at eight o'clock 
m the morning, in the same place.] 

On which day the Commissioners here-under- 
named being met, viz. sir Francis North, kt. L. 
C. Justice of his majesty's court of common- 
pleas, William Mountague, esq. L. C. Baron of 
his majesty's court of exchequer, sir William 
Wylde, kt. and bart, one of his majesty's jus- 
tices of the king's- bench, sir Hugh Wyndham, 
kt. one of his majesty's justices of the common- 
pleas, sir Robert Atkins, kt. of the Bath, ano- 
ther of the justices of the common pleas, sir 
Edward Thurland, kt. one of the barons of the 
Exchequer, Vere' Bertie, . esq. another of the 
justices of the common -pleas, sir Thomas Jones 
kt. another of the justices of the king's-bench, 
sir Francis Brampston, kt. another of the 
barons of the exchequer, sir William Dolben 
kt. another of the justices of the king's-bench, 
sir William Jones, kt. bis majesty's Attorney 
General, sir James Butler, kt. one of the King's 
Council, and the queen's Attorney, sir Philip 
Mathews, bart, sir Thomas Orby, kt. and bart, 
sir Thomas Bype, kt. sir William Bowles, kt. 
sir Thomas Stringer, serjeaut at law, sir Charles 
Pitfield,' kt. Thomas Robinson, Humphrey 
Wyrley, Thomas Haryot, and Richard Gower, 
esquires. 

Proclamation was made for attendance, and 
the Grand Inquest being called, Sir Francis 
North, Lord Chief Justice of the Common Pleas, 
(the Lord Chief Justice being out of town) 
spoke to them thas : 



Lord Chirf Justice, You of the Grand Jury, 
This session is upon a particular occasion, and 
.that which lay upon you was to find the bill,; 
and that you have dime, and we do not see any 
thing further for you to do, and therefore the 
court discharges you from any further attend* 

ance this session. 

« 

[Then Mr. Reading was sent for, and brought 
to the bar by captain Richardsou, keeper of 
Newgate; and silence being proclaimed, live 
Clerk of the Crown read the Indictment to him.] 

CI. of the Cr. Mr. Reading, hearken to your 
Indictment. 

" You stand indicted by the name of Natha- 
nael Reading, late of the parish of St. Margaret, 
Westminster, in the county of Middlesex, esq.. 
That whereas Edward Coleman, William Ire- 
land, and John Grove, and other (unknown) 
false traitors against our most serene lord kins; 
Charles 2, the 24th day of April, iu the 30th 
year of his reign, at the parish of St. Margaret's. 
Westminster, in the county of Middlesex, had 
traitorously, among themselves, conspired, con* 
suited, and agreed, our said most serene lord! 
the king to bring and put to death and final de* 
st ruction ; and to move war against him our. 
lord the king, within this realm of England, ano^ 
the religion in the same kingdom rightly and by 
the laws of the same realm established to change 
and alter to the superstition of the Romish 
church, and the goverament of the same king-* 
dom to subvert; fur which certain most wicked 
treasons, and traitorous conspiracies, consult** 
tions, and agreements aforesaid, they, the said 
Coleman, Ireland, and Grove, in due manner, 
and according to the laws of this kingdom of 
England afterwards were attainted, and had 
therefore undergone the pains of death: and 
whereas William earl of Powis, William viscount 
Stafford, John lord Bellasis, Henry lord Arun- 
del of Warder, William lord Petre, and sir 
Henry Tichburn, bart. the 30th day of Novem-r 
ber in the above said 30th year of the reign of 
our said lord the king, at the said parish of St* 
Margaret's Westminster, in the county afore- 
said, were of the aforesaid treasons in a lawful 
manner accused, and thereupon, according to 
the due form of law, to the Tower of London, 
(being the prison of our said lord the king) were, 
committed, there safely to be kept, to answer 
the aforesaid treasons, whereof the same Wil- 
liam earl of Powis, William viscount Stafford,, 
John lord Bellasis, Henry lord Arundel, and! 
William lord Petre in parliament, by the Com-* 
mons in the same parliament assembled, are im- 
peached : But you the said Nathanael Readings 
the aforesaid premises sufficiently knowing, and 
being devilishly affected against our most sen 
rene lord the kiiig, your supreme and natural 
lord, and devising, and with all your might in* 
tending, to disturb the peace and common tran- 
quillity of this realm, and the government of 
the same kingdom, and the sincere religion of 
God in the same, rightly and by the laws of the 
said realm established, at your will and pleasure 
to change and alter ; and the state of this king- 



$63] STATE TRIALS, 31 Chakles II. 1679.— Trial of Nathanael Reading, [2&4 



dom, through all its parts well instituted and 
ordained, wholly to subvert; and to obstruct, 
hinder and stifle the discovery of the said trea- 
son, and as much as in you lay, the due course 
of law in that part to shift off, aud retard ia the 
prosecution of justice against the said William 
earl of Powis, William viscount Stafford, Wil- 
liam lord Petre, and sir Henry Tichburn : You, 
the said Nathanael Reading, the 29th day of 
March, in the 31st year of our said lord the 
king, at the said parish of St. Margaret's West- 
minster, in the coumy aforesaid, on the part of 
the aforesaid William earl of Powis, William 
viscount Stafford, William lord Petre, and sir 
Henry Tichburn, falsely, advisedly, corruptly, 
and against the duty of your allegiance, did un- 
lawfully solicit, suborn, and endeavour to per- 
suade, one William Bed low, (who, on the 29th 
day of March, in the said 31st year, in due 
manner did give information of the said trea- 
sons ; and whom you, the said Reading, the 
day and year last above said, did well know 
the information of the said treasons as afore- 
said to have given, on the part of our lord the 
king) upon the trial of the aforesaid William 
earl of Powis, William viscount Stafford, Wil- 
liam lord Petre, and sir Henry Tichburn, for the 
treasons aforesaid, to be had, to lessen and 
stifle, and to omit to give in evidence the full 
truth", according to his knowledge, of the afore- 
said treasons, against them, the said William 
earl qf Powis, William viscount Stafford, Wil- 
liam lord Petre, and sir Henry Tichburn, and 
to give such evidence, as you, the said Natha- 
nael Reading, should direct; And you, the said 
Nathanael Reading, sooner and more effectually 
to persuade the aforesaid William Bedlow to 
lessen and stifle, and to omit to give in evidence 
the full truth, according to nis knowledge, 
against the said William earl of Powis, William 
viscount Stafford, William lord Petre, and sir 
Henry Tichburn, upon their trials, and to give 
socji evidence as you, the aforesaid Nathanael 
Beading, would direct : You, the said Natha- 
nael Reading, afterwards, on the said 29th day 
of March, in the 31 st year abovesaid, at the 
aforesaid parish of St. Margaret's Westminster, 
m the, said county, falsely, advisedly, corruptly, 
•od against the duty of your allegiance, unJaw- 
ftlly did give to the same William Bedlow, fifty- 
six pieces of coined gold of this kingdom, called 
guineas : and also falsely, advisejily, corruptly, 
nnlawfolly; and against the duty of your alle- 
giance, the day and year abovesaid, at the 
•foresaid parish of St. Margaret's Westminster, 
in the said county of Middlesex, did promise to 
the said Bedlow, that he, the said Bedlow, 
within a certain time, by you, the aforesaid Na- 
thanael Reading, to the said Bedlow proposed, 
should have and receive divers other great sums 
of money, and other great rewards, for lessen- 
ing and stifling, and omitting to give in evidence 
the full truth, according to his knowledge, of 
the aforesaid treasons against the said William 
earl of Powis, William viscount Stafford,' Wil- 
liam lord Perre, and sir Henry Tichburn, and 
far giriog such evidence! as you, the said Na- 



thanael Reading, to the said William Bedlow 
should direct, to the great hindrance, obstruc- 
tion, and suppression of justice, in manifest 
contempt of the laws of this realm, to the evil 
and pernicious example of all others in the like 
case offending; and against the peace of our 
lord the king, his crown and dignity, osc." 

How say you, Mr. Reading, art thou Guilty 
of this trespass and misdemeanor, or Not Guilty ? 

Reading. Not Guilty, in, thought, word, or 
deed. 

L. C. J. Not Guilty, is your plea ? 

Reading. Yes, my lord. 

*CL of the Cr. drier, make proclamation. 
You good men of this county of Middlesex, 
summoned to appear here this day, to try the 
issue joined between our sovereign lord the 
king, and Nathanael Reading, answer to your 
names, and save your issues. 

[Then the pannel was called over, and Pro- 
clamation for information in usual form waa 
made.] 

CL of the Cr. Mr. Reading, look to your 
challenges. Will your lordship please to have 
Sir John Cutler to he foremau? 

L. C. J. Yes. 

Reading. My Lord, I have a very great bo* 
nour for this worthy person, Sir John Cut* 
ler ; be is in commission of the peace, I do 
therefore humbly desire he may he excused eft 
this time. 

L. C. J. Mr. Reading, you cannot challenge 
him peremptorily in this case, it not being for 
your life ; and therefore you must shew cause 
if you have any. He is not in this Commis- 
sion at all ; and for his being in the Commis- 
sion of the Peace, that signifies nothing, for 
we oftentimes in the circuits take them off 
the Bench to be Jurymen ; but if you can 
shew any cause of challenge, it must be al- 
lowed you. 

Reading. My Lord, I look upon "myself in- 
dicted for Treason ; (I desire God to give ma 
strength, and I am sure of your lordship's pa- 
tience) and I look upon the Indictment which 
bath been read to me, and upon which I have 
been arraigned, to be expressly treason ; and 
I do humbly pray your lordshTpV judgment ia 
it, whether it be so or not : For, my Lord, (it 
your lordship please) if it be so, as I understand 
my own inuocency, so your lordship under- 
stands my charge better than I do. And God 
knows I have neither strength of bodv, nor 
presence of mind to manage my own defence $ 
but my happiness is, that I am alive at this 
day, and am to be tried here before so honoura- 
ble a bench. My lord, I have not had the ad- 
vantage of any council to assist me, nor t^e 
benefit of any common friend, no, not my wife 
to come to me. I have not been able to help 
myself through the great indisposition which X 
have heen under, reduced to it by that 
barbarous and illegal usage which I have 
had : For (my lord) I hope I may say I ana 
the first Englishman that in my circumstan- 
oes hath ever been used as I have been ; 



465} STATE TRIALS, SIChakusII. 1679.— fa a Tnxpan and Misdemeanor. [366 



and my hopes are, whatsoever becomes of 
me (the Lord's will be done,) I shall be the 
last that ever shall be so used. My Lord, upon 
the weakness of my own apprehension, I do 
take it, that it is as high treason, nay a greater 
treason, and that in the words of the indict- 
ment, than erer Mr. Coleman, or dny of the 
others that have been executed, died for ; or 
the Lords now in the Tower stand charged 
with ; and therefore, my lord, I pray your di- 
rection in it, if it is but a misdemeanor (for 
truly what the crime is I fcnow not ;) but in 
construction of law, admitting the indictment 
tree, the whole dees contain in.it the blackest 
treason that ever villain was guilty of. If it is 
so io your lordship's judgment, whatever should 
become of it now, I may be indicted for it 
again ; and should this indictment be found 
upon me, I an as certainly in the eye of the 
law a dead man, as through the mercy of God 
1 an now alirc : and (my lord) if it be so, I 
deiire your lordship's judgment whether I may 
not be allowed a peremptory challenge. 

L. C. J. Mr. Reading, you speak in due 
time, for its pertinent to the matter of peremp- 
tory challenge, to consider whether this be an 
imnennent of treason? for if it be, the law 
dues allow in favour of your life a peremptory 
challenge to such a number ; and I will tell 
you, your apprehensions have something in 
them; That the fact as it is laid in the indict- 
ment, might bave been laid so as to have made 
an indictment of treason ; and if you are guilty 
•f this fact, and not indicted for treason, but 
only for a misdemeanor, it is. favour to you, and 
that orHvhich you cannot take advantage or 
complain of. VU now. shew you that this in- 
dictment is not an indictment of treason, nor 
can the judgment of treason be given upon you 
for it ; and so thereby your life is not in danger. 
First, here is not tbe word proditorie, which is 
necessarily in all indictments of treason: next 
too must observe that all treasons are expressly 
particularized in the statute of 95 Ed. 3. And 
! nothing is treason but what is contained in 
that act, as compassing the death of the king, 
levying war against the king, ami other facts 
mentioned in that statute. Now ifthis fact bad 
been here laid as an overt-act for the evidenc- 
ing of the imagination of your heart in com- 
passing tbe death of the king, and the destruc- 
tion of the realm, there it had been an indict- 
of treason : but being there is no treason 



formally, laid, nor the word (Proditorie) which 
is necessary in all indictments of treason, 'tis 
only a misdemeanor you stand charged with ; 
winch I must tell you is great ease and favour 
to yon in soch circumstances as we are now ; 
tad if it be so, you must shew cause if you 
challenge any juror. 

Reading. If I may (with your lordship's fa- 
vour) I am very highly disposed for the taking 
of tbe least favours that can be shewed roe, 
with the deepest acknowledgment that an in- 
nocent mao and one in distress can make : but 
(my lord) among tbe greatest of misfortunes, 
this I own as my bappioess, that I am now on 



my trial before your lordship. Bnt pray (my 
lord) may not i (having this favour shewed to 
me, and should it be only fonnd a misdemea- 
nor) afterwards be indicted for treason ? And 
pray (my lord) does there want any one cir- 
cumstance of the formality of an indictraeot 
for treason in this against me, but that one of 
Proditorie? 

L. C, J. No, it is not laid that you did com* 
pass the death of the king. 

Reading, Then (with your lordship's pardon) 
I do not understand it: for the indictment 
does set forth, * That Coleman and others did 
conspire the death of the king, levying* war, 
tbe altering of religion and subversion of the 
government; for which they justly suffered 
death/ And further, as to the several lords in 
the indictment mentioned, they are accused for 
the same treason ; ' And justly, and according 
to law sent to the Tower, to answer what they 
stand justly impeached of by tbe Commons \ f 
And it sets forth further; that. I pr&vnissa pr«- 
dicta satis sciens, did so and so : were there no 
other expression, that my lord, is expres%ly> 
treason, or no doubt misprision of treason ; for, 
my lord, it does charge me that I am satis sciens 
particularly, sufficiently well apprized of those 
treasons they were- executed for, these accused. 
And that I did not this out of the weakness of 
my own apprehension, but falsly, advisedly and 
maliciously. My happiness is, I shall have 
your great judgments to determine this matter 
for me. 

L. C. J. Mr. Readirg, you exercise great 
elocution and eloquence ; but if I do appre- 
hend you aright, what you say is this : That the- 
Indictment sets forth, that -you satis sciens of 
those treasons did so and so, which will amount 
to a misprision of Treason. I must tell you,, 
there is a difference between tbe knowledge of 
a treason that is secret, for the concealing of. 
that, and endeavouring to stifle the evidence, is 
misprision of treason; but the knowing of v 
treason that is revealed and discovered is know- 
ing no more thnn all tbe world knows; and not 
laid as a fault, but to aggravate the fault after*- 
words charged. This discourse is nothing to 
tbe matter; if you would have our opinion, 
whether you may afterwards be questioned for 
Treason, it is that we are not to give you ; an- 
swer the Indictment as now it is: Yon have 
favour enough that it is laid this way, and not 
the other. An Indictment of Treason or Mis* 
prision must not be laid so as that the crime 
must be collected out of the Matter of Fact 
only, but it must be formally laid. . How you 
shall be prosecuted hereafter, must depend 
upon the justice of the kingdom. We sit hero 
now to determine upou what matter lies before 
us, and so we cannot grant you a peremptory 
challenge in this case, which is only allowed in 
matters capital in favour of life. 

Reading. My lord, I do desire to know whe- ' 
ther this be treason or no, ' That being devil- 
ishly affected to the king my supreme and na- 
tural lord, and intending to levy war in the » 
kingdom, and to change the government, and 



1 



£67] STATE TRIALS, S I Charles IL IC79. — Trial of Nathcmatl Reading, [2GS 



to alter the religion, and subvert the peace of 
England ; v whether that be not treason P 

L. C. J. Mr. Heading, We will answer none 
of those quest ions : But this I will say to you, 
no judgment of treason can be given upon you 
upon this indictment; and though these acts 
(if formally laid) might have been treason, yet 
it not being so, we must proceed as it lies be- 
fore us: And therefore jt you have any par- 
ticular cause to challenge sir John Cutler, shew 
it, and we will bear you. 

Reading. My lord, I have this cause, I have 
been but a little fime acquainted with this wor- 
thy gtatteinan ; but, my lord, I have seen him 
in company with Mr. Bedlow, mine accuser, I 
know there is not a common intimacy and 
friendship between them: I am very certain, 
my lord, that sir John hath too much honour 
to do me wrong ; but I do humbly desire that 
he may have his ease, and be excused at this 
time: not that I do distrust his justice, but for 
the reasons I have humbly offered. 

L.C.J. Look you, Mr. Reading, your ac- 
cusers are witnesses for the king, and are, nei- 
ther to gum nor lose by your trial ; and there- 
fore cannot be presumed to make any party for 
your conviction. And do you challenge a 
juryman br cause he is supposed to know some- 
thing of the matter? For that reason the juries 
are called from the neighbourhood, because 
thry should not be wholly strangers to the fact. 
If you can shew that he hath already given his 
verdict by his discourse, and tha: you are al- 
ready condemned in his opinion, that may be 
some cause of challenge; but that he hath dis- 
coursed with neighbours as others do, it may 
be he btlieies it, and may be he does not believe 
it, he is now to give his verdict upon what he 
hears upon oath. 

Rradiii". My lord, I am very glad to see sir 
John Cutler here, for I did intend to have his 
evidence for me. 

L. C. J. That you may have, though he be 
tworn. 

Then the Jury were sworn, and their names 
were as folio weth, viz. Sir John Cutler, Joshua 
Galliard, Edward Wilford, Thomas Henslow, 
Thomas Earsby, John Erie, Thomas Casse, 
Rains ford Waterhouse, Matthew Bateman, 
Walter Moyle, Richard Paget, and John 
Huynes, Esquires. 

L. C. J. If sir John Cutler desires pen, ink 
and paper, or any other convenience, let him 
bave it. 

C4. of the Cr. Gentlemen of the jury, hearken 
to the indictment. He stands indicted by the 
name of Nathanael Reading 

L. C. J. You need not open the Indictment, 

let the counsel do that. 

_ » 

Then Edward Ward, Esq. being of Counsel 
for the King in this Cause, opened the Indict- 
ment 

May it please your lordship, and you gentle- 
men of this jury, Nathaniel Reading," esq. stands 
iddkte4 for this offence ; That whereas Ed ward 

7 



Coleman, William Ireland, and John Grove, 
and other unknown persons, (traitors against 
our sovereign lord the king) the 24th day of 
April, in the 30th year of the king, did traitor- 
ously contrive the king's death, tbe subversion 
of the government of the kingdom, and the re- 
ligion in the same kingdom by law established, 
to alter and change to the superstition of the 
Romish Church ; for which treasons they have 
been in due manner attainted and executed : 
And it farther lays, That whereas William earl 
of Powis, William lord viscount Stafford, John 
lord Bellasis, Henry lord Arnndel of Wardour, 
William lord Petre, and sir Henry Titchburn, 
baronet, wore the 30th of November last, in a 
lawful manner, accused of those Treasons, and 
for them committed to the Tower ; and thereof 
the said Lords were and stand impeached by 
the Commons in parliament: The said Mr, 
Reading weM knowing of these things, and 
being devilishly affected to the king, his supreme 
and natural lord, and devising to disturb the 
peace of the kingdom, and the government and 
religion thereof rightly established, to change 
und alter : the state of tbe kingdom well insti- 
tuted, to subvert; and to obstruct and sti6e the 
discovery of these treasons, and as much as in 
him lay to shift off and retard the course of 
law and prosccuti >n of justice against the said 
lord Powis, 1. -d Stafford, lord Petre, and sir 
llenrv Titchl :n ; the said Mr, Reading, the 
?9tn • ;* Mar ii ia.t past, at St. Margaret's 
Wea.Tnns tr. •>:» the part of these three last 
mentioned .'o<u^, :i:..l sir Henry Titchburn, did 
fa.selv, corrupt. y, advisedly, and against his al- 
legiance, unlnwfuKy solicit, suborn, and endea- 
vour to persuade one Mr. William Bedlow (who 
before had given information of these Treasons 
against the said persons, and whom Mr. Read* 
ing knew so to have done) to lessen, stifle, and 
omit to give in evidence the full truth accord- 
ing to his knowledge of the said Treasons against? 
the said three lords, and sir Henry Titchburn, 
upon their trial to be had, and to give men evi- 
dence as he the said Mr. Reading should direct ;• 
and to that purpose, falsly, corruptly, advisedly, 
and against the duty of his allegiance, unlaw- 
fully did give to Mr. Bedlow 56 guineas, and 
promised him, that within a certain time (by 
the said Reading proposed) hcshould have and 
receive divers other great sums of money anri 
rewards, for lessening, stifling, nod omitting to 
give in evidence the full truth, according to his 
knowledge of those treasons, against the said 
three Lords and sir Henry Titchburn ; and for 
giving such evidence as he should direct : And 
this is laid to be to the hinderance and suppres- 
sion of justice, in manifest contempt of the 
laws of this realm, to the evil example of other* 
in the like case offending, and against the 
peace of our lord the king, his crown and dig- 
nity. To this Indictment Mr. Reading hath 
pleaded Not Guilty. If we prove the offences 
aforesaid against him, we doubt not but you will' 
find him Guilty. 

Sir Crested Levinz one of the King's Learn- 
ed Codnsel in the-Law, thus opened tUe charge. 



2G9] STATE TRIALS, 3 1 Charles II. \6:9.— for a Trapass and Misdsnu*uor. [970 



May it please jour lordships, and you gen- 
tlemen of the jury, lam of counsel for the king 
io this case : gentlemen, this indictment is not 
an indictment of high-treason, nor of mispri- 
sion of treason ; and truly the gentleman at 
the bar hath something wond e rd at the king's 
lenity to him ; the fact in the indictment does 
indeed sound of another nature, tbarr .what it 
bears the name of; it does in this indictment 
carry the most moderate character that the 
fact will bear : it is only an indictment of tres- 
pass and misdemeanor, but it is a very high 
misdemeanor; it is to stifle the king's evi- 
dence, and that not in an ordinary case, hut 
where it is attended with the greatest aggrava- 
tions tbat can be in any case whatsoever. If 
a man should endeavour to stifle -the evidence 
hi an action betwixt party and party, in the 
courts of Westminster-hall, for a business of 
about 40s. those courts of justice would find a 
ready way to punish him. This is a crime of 
another nature, for it is set forth in the indict- 
ment, that Coleman, Ireland, and Grove had a 
traitorous design in hand, for the which they 
were executed, that is, the Plot ; and when I 
bare said that, I have said all, that implies all ; 
ypo all know what was thereby designed. It 
is set forth in the indictment, that such lords, 
and s.t Henry Titchburn, were privy to the 
Vlot, and accused for it, and to prevent the 
evidence to be given against these lords, three 
•f tbetn, (for the bargain was only made for 
three, viz. my lord Stafford, my lord Powis, 
and my lord Petre; the rest were nut of the 
bargain, and bad not, it seems, found out the 
way of commerce now used by these persons; 
was this gentleman, Mr. Reading's business. 
It was to diminish and lessen the evidence that 
was to be given against them, who were 
charged and accused to be as highly guilty of 
Use Plot as any that were executed for it. 
And when I have told you this, you will surely 
conclude it is an high offence, and an lii^h 
misdemeanor : for if the life of the king, if the 
law of the land, if the religion established, if 
the settled government be valuable; if your 
own lives, your own liberties, and your own 
fortunes, have any consideration with you, this 
is a very high misdemeanor; for you must 
look upon these as all at stake : this plot, as it 
was laid, did reach to all : so that an endea- 
vour to conceal the evidence that should dis- 
cover, and thereby prevent the execution of so 
horrid a conspiracy, is a very heinous misde- 
meanor; and you will easily believe, that the 
gentleman at the bar, the prisoner whom you 
ar* to try, had reason to doubt within himself, 
*■/ it should he called so small an offence as 
uhigh misdemeanor: but I will not, I need 
aocaarmvafe this offence, *nd the rather he- 
-weThe gentleman that stands accused for it, 
fir c »«v* n (for which I am sorrv) which 
V s i»m to know own crime j w;ii ^^ 
WINM of "» oor tell you what tbe wi ,_ 
Vn the tnden «f », rB , b er you should have 



fqrmed, you will have tbe matter fully proved ; 
and therefore we wiij call the witnesses, an j 
let them tell you what it is they have to say. 

Mr. Ward. There are some things laid in 
this indictment, that are to be previously 
proved, in order to the charging of the pri- 
soner ; as tbe execution of Coleman, and the 
rest; and the impeachment of the lords. If 
Mr. Reading stands upon it, we have those, 
here that will prove it. 

L. C. J. Mr. Reading, those public pas- 
sages that are laid in the preamble of the In- 
dictment, do you insist they should be proved 
first? 

Reading. My lord, I am very willing to save 
your lordship's time. 

L. C. J. Do you admit that Coleman and 
Ireland, &c. were executed for treason ? 
Reading. Yes, my lord, and very justly. 
L. C. J. Do you admit that the lords in the 
Tower, are accused and impeached in parlia- 
ment for this Plot? 

Reading. Yes, my lord, I do. 
X. C. J. Then you ease them of the read- 
ingthose records. 

Heading. And, my lord, I do further say, I 
.do verily believe there never was a greater 
plot laiof in hell than this. I have abhorred it 
in my thoughts, and have not only endea- 
voured to encourage the discovery, but always 
gave it as my counsel, that nothing that was 
true should be left out in the evidence. And 
I do, and will, save your lordship's time as 
much I can. 

Sir O. Levin z. Then, if your lordship 
please, we will call bur witnesses, and prove 
the fact; and if there be any tiring that Mr. 
Reading doubts of, we will prove it afterwards. 
Swear Mr. Bedlow. Which was done. 

Mr. Ward, Mr. Bedlow, I shall only ask 
you the general question. Will you he pleased 
to tell my lords and the jury, what you know 
of this business? tell the whole story, what 
discourse and bargainings there have been be- 
tween you and Mr. Reading, for the diminish- 
ing and lessening of your evidence. 

Bedlow. My lord, Mr. Reading was alto- 
gether a stranger to me, till sir Trevor Wil- 
liams brought me acquainted with bim; he 
was always very just to me in whatsoever he 
did for me, and wherein he was employed by 
me. I found him very honest, in reference to 
my own concerns. And though Mr. iteading 
will bring a great many people, perhaps, that 
he hath pressed me to discover the whole of 
the Plot; I do confess, he did it in a very 
high measure in all public company, and that 
I would not be baulked in any point : and for 
the discovery and convicting, and executing, 
of those that had died about this Plot, he 
never denied but they suffered justly and law- 
fully enough; but in private counsels where 
we have been together, lie hath spoken to me 
to he cautious, indeed he hath never endea- 
voured to have me stifle the whole Plot, hut 
only for some particular people that he solicited 
for ; not but that he believed them guilty, as 



271] STATE TRIALS, 31 Charles II. 1679— Trial qfNaihanad Reading [278 



well as ihe rest; but be desired me that I 
would not be so hot against them. And after 
he had made me easy, (that was his word that 
he himself used) he would have had roe made 
Mr. Dugdale easy too. At several times, when 
we have been together, his very expressions 
have been to me, Mr. Bedlow, Though there 
has been so damned a design on foot, and so 
terrible a one, yet it is not for your safety nor 
credit to run at the whole herd of men : For I 
was this day, or yesterday, he said, with my 
lord chief justice, and he told me, That at this 
rate that Mr. Bedlow accuses men, none are 
safe, for he runs at the whole herd ; and seemed 
to me to intimate, that my lord chief justice 
was not pleased with my forwardness. And 
he told me likewise, You gain your point 
with the parliament, and with the king, and 
with the kingdom, if some suffer, as I believe 
you can do it, and not run at the whole 
herd; and it re an indifferent thing to you, 
so you make the parliament your friend, by 
proving there is a Plot, and the king your 
friend, in not charging all these lords, and 
you will make all the lords your friends, by your 
kindness to them. You shall take my instruc- 
tions, I will never advise you any thing that is 
ill, but 1 will tell you bow far you shall pro- 
ceed. If you can fix any thing Tor them, you 
shall be sure to be well gratified. 

JL C. J. Did he name any lords to you ? 

Bedlow, This was the beginning of the dis- 
course, my lord; and I answered him, Mr. 
Reading, This id a very nice point, and I know 
them to be guilty of all. the things I charge 
them with, and 1 can prove it. If your advice 
be so, I will consider of it. I think it was after 
the prorogation of the last parliament, and then 
my encouragement for discovery was not so 
great,- But, said I, if any of them deny it to 
you, that they are guilty, then they must expect 
no kindness from me at all, for I will swear all 
that I can against them ;. but if they acknow- 
ledge that I do them -a piece of service in not 
swearing too severely against them, then I will 
be ready to take your advice and instructions. 
He told me many times, that sir Henry Titch- 
burn did think he had seen me in Paris, but he 
did not use this expression to me, That 1 
charged him with bringing commissions over 
from Rome. I answered again, You may tell 
sir Henry Titchbum, if he denies any thing of 
the fact that I have sworn, against him, he does 
me and himself a great injury. And to take 
him off as an innocent man, I cannot do it, I 
will never do it. But upon acknowledgment, I 
may do them some kindness So likewise my 
lord Powis and Caryll. The gentlemen that 
he most solicited for, were, my lord Powis, my 
lord Petre, my lord Stafford, sir Henry Titch- 
burn, Mr. Roper, Mr. Caryll, and one Mr. 
Corker a Jesuit. And likewise he made me 
easy, upon that day that Mr. Whitebread and 
Mr. Fen wick were upon their trials/ for I have 
enough against them, because I could be no 
stranger to Whitebread and Fenwick, two such 
considerable men, being so much concerned as 



I was in their affairs. It was imponiblt I 
should be so much a stranger to them, at I said 
I was, but it was because Mr. Reading bad then 
made me easy, and I intended to carry on the 
intrigue with him, till it could be handsomely 
discovered. But my lord chief justice ssked 
me whether that was all I could soj ? And I 
told him, rav lord, I liave something more to 
say, when time and place require it, sod when 
I can be safe in telling it ; that is, when 1 bad 
found out all that Mr. Reading intended to do, 
how far he would go, and then I thought it 
would be a proper time, when I could make 
out some such information as I now do; but I 
would not stifle that treaty that was betweea 
him and me, about the lords in the Tower, 
which I knew was of greater consequence than 
two old priests. After the dissolution of the 
parliament, he told me, We must see other 
times and other changes, and that the lords did 
not think themselves in so much danger as when, 
the parliament was sitting. But at several 
places, the Palsgrave-Head Tavern, and others, 
we have had -discourse to the like effect. He 
would very ftequeutly come to me, and talk 
with me about it. Now I asked counsel of no 
man, for I have no need of it in my matter ; 
it is not matter of law, but matter of fact, that ' 
I am to make out, therefore I had no need of 
his advice, but he would be at my bed-side very 
often in a morning; aud before I was dressed, 
and then we used to discourse together about 
this business, and the manuer and form bow it 
should be done, and how well I should be re- 
warded if I got off those lords; that is, my lord 
Petre, my lord Powis, my lord Stafford, and air 
Henry Tichburn ; these were the four that made 
the promises : but Mr. Readiug solicited for the 
other lords too; they did promise a noble 
reward, but I could never settle or fix what it 
should be, but I should have acknowledgment! 
both in money and estate, from the lords, fot 
shortening the evidence, and bringing them of 
from the charge of high-treason. We bad *e 
vera! consultations about this. The Monder 
that my lord Danby was sent for by the BLad 
Rod, Mr. Reading came to me in the Speaker' 
chamber, and told me, Mr. Bedlow, here is 
great turn, my lord Treasurer is sent for by tfa 
Black Rod, and things are like to go quit 
another way. Well, said I, when were you wit 
the lords in the Tower ? Said he, I have n< 
been there these two or three days, but said h 
I intend to go to-morrow, and then I will brii 
you word what they say. And the nest da 
or the day following, he came to me, and to 
me, that the lords did think, that I was in s»re 
measure capable of serving them now ; ai 
they would nave an account of what I cod 
say against them, that so they might view 
and correct it. Accordingly he did go, m 
appointed to meet the 28th of March. I ot 
several other times that we had consultatio 
and now come homeward to the business. 
had then a command from the lords to snsp 
the papers of the Spanish ambassador a\t W 
House, and I could not m€ti Mr. &e*d 



2T$] STATE TUAI& 3 1 Ctuius IL 1679,— f or a Trtqxm and 



[274 



according to promise, and I think the other 
witnesses will give you reasons better than I. 
This appointment was on Friday night ; on 
Saturday morning, he, having missed of me the 
night before, came to my lodging, where I had 
placed Air. Speke and my man ready against 
(ecame. None of all these conferences did I 
conceal, bot revealed them to some of the 
members, of the privy council, to the prince, 
and to my lord of Essex. As soon as ever I had 
discoursed with Mr. Reading about this matter, 
I did write it in the very words, as near as I 
conld, and gave it to the prince, and my lord 
of Essex, and I think your lordships are very 
well satisfied that the prince and my lord knew 
it. And. I cold it to several others, as coun- 
sellor Smith, Mr. Kirby, and several others, 
who I was certain would be true to the secret, 
learing that Mr. Reading had laid a trap to 
catch me with, and therefore I was very cau- 
ao«a,thaino particular of consequence should 
he unknown to them. Indeed, my lord, I was 
wry sotry to see Mr. Reading should do so, for 
I bad a very great, respect for him ; and he did 
ase to give me public advice in general, for 
the discvvery of the Plot ; only for some parti- 
cular people he did solicit me that I would be 
a Bttk easy, those be did solicit for. Upon the 
S9th of March, which was Saturday morning, 
vhea he came into the room, he asked me, is 
there nobody here can overhear us? J told 
kirn, no, there was not. Now I had planted 
thai gentleman, Mr. Speke, behind my hang- 
ings, smd made an hollow place in my bed, and 
therein laid my man, and covered him with the 
rag so smooth, that it did appear as if it were 
bat newly made, and he could not perceive 
(here was any body there ; he would have 
spoke to me in the dining-room, but I excused 
it, telling bkn, That madam Greves, who lay 
in the next room, had ot er-heard" several dis- 
courses that I had with some persons there, 
and therefore k would not be safe, but he had 
better go into my chamber (not that she could 
hear through the wail, but it was to bring him 
into nay chamber) ; he commended my caution, 
and came in with me thither;. and bis first 
word, as I said, was, is there nobody that can 
over-hear r^No, said I, it is my concern to 
look to rbat, that all be private : but, said I, 
what say the lords in the Tower ? What says 
my lord Stafford, what do they intend to do? I 
Bias? know speedily, for I am to give in my 
Jamtmauon to the Secret Committee of what 
I can say against them this night. And I can 
slay no longer, but must have their final an- 
swer, that I may know what to say when I 
came to the Secret Committee, Saith he, I 
will go and get their final answer, but pray pat 
it off till Wednesday, if you can. Saith I, I 
cannot do that, put it off so long, but I will 
do what I can to put it off till Monday. Well, 
said he, on Monday you shall be sure to hear 
from me then, and I will have all thing! ready, 
as to what you have to say, and you shall have 
it from me. Accordingly I did stay till Monday, 
hat the Cc^uakseeof Secrecy knew kail this 

TOL. VII. 



time ; and when I met him on Monday, I had 
ordered the witnesses that were by to over-hear 
us, to be present at the delivery of. the paper 5 
accordingly they were there, and Mr. Reading 
did bring it in his own hand-writing. 

Kendtng. What room was it yoa were in, 
pray, Sir ? 

Bedlotv. In the Painted- chamber. And as 
be gave me the paper, pretending to put me 
hand in my pocket, I clapped it with my hand 
privately behind me thus, and Mr. Speke took 
it out of my hand, and he and tny man went 
into my lord Privy-Seal's chamber, and there 
they read it, and had it three hours before I 
ever saw it. Well, said I, what n ill the lords 
do ? Why, saith he, though I have not a full 
answer as to what they will do, yet you may 
expect a noble reward ; and I have order to 
draw up blank deeds. 

Reading. Who did yoa give that paper to* 
Sir? 

Bedlow. To Mr. Speke; the rest will justify 
it, it is your owa hand-writing. But saith 
he, I have order to draw blank deeds to be 
signed in ten days after their discharge. And 

5ou may be sure that they shall be signed* 
£r. Reading, said 1, this is but a verbal pro* 
mise, and they may perhaps hereafter charge 
me, for all my bringing them off, and do me a 
great deal of injury. That cannot be, saith 
he, my soul and my life for it, I have taken 
their words, and, if there be any faith, honour 
and conscience in men, it shall be done : I 
dare answer for them. And, Mr. Bedlow, 
your safety doth most consist in it; for as they 
must never be false with ypu, so they must 
never be at enmity with you ; for at last, if 
you charge them with corrupting of you, yoa 
will be able to ruin them, and it will not look 
ill upon you, so much as upon them. Bet, take 
my word for it, you shall have a noMe and 
worthy acknowledgment. I have authority to 
draw blank deeds, both for smns and estates, 
which they will settle upon you, and likewise 
a speedy supply of money, as soon as tbey caa 
get it in ; for my lord Stafford said, he is now 
cutting down wood and selling it, and when he 
bath raised the money, you shall have it ; but 
he protests, at present he hath not now money 
to defray the charges of his family ; but I have 
order at any time to give you what you need 
for present occasions. And indeed accord- 
ingly 1 have had a great deal of money from, 
him, several guineas. 1 had all I asked for, 
and many times gold I did not ask far ; upoa 
what terms, other witnesses will prove better 
than I hereafter. When we bad done, said be, 
let me see what papers you have, the copy of 
what you have accused the eueen about,' and 
the lords, thai I 'may carry them to the lords, 
and have their answer. Said I, they are at my 
mother's. I must needs have them, said he. 
So, that I might give the witnesses leave to ' 
come out, I went with him to my mother's 
lodgings, and pretended to look for them, but 
found them not, for none but the Secret Com- 
mittee knoves what is in them. But when I 

T 



975] STATE TRIALS, 31 Chaelbs IL 1670.— Trial of Nathanad Reading, [370 



had looked over my papers, said I, my brother, 
perhaps, hath got them away with him, I will 
go back to my lodgings and see. Oh ! said he, 
you should make sure of such copies as you 
have, in some friend's hands, to secure them as 
well as the original. I told him, I sboold be 
sure of them at night ; so he was satisfied : 
though I never intended he should have them, 
because there was business of so great conse- 
quence in them. When we came back again, 
we found Mr. Speke and my man in the cham- 
ber, writing. I asked Mr. Speke how long they 
had been there ? He told me, as soon as I went 
out. Then said I td Mr. Speke, pray withdraw, 
for now I am to have Mr. Reading's instruc- 
tions ; if you will go before by water, I will 
meet you at Westminster by and by. Then I 
locked up the street door, and came back to 
Mr. Reading, and then to work we fell to write 
out those things that he and I did conclude 
upon. 

Reading. You say that you and J. were then 
alone, and your man gone away. 

Bedlow.' I said, that then you and I con- 
cluded upon what I should say, and what I 
should pitch upon they were to correct, accord- 
ing to what they thought would most conduce 
to their own safety. And when there were any 
words that seemed to urge any thing home upon 
them, then he would tell me what was law, and 
that, perhaps, would reach them, and then al- 
tered it. And the Monday after brought a 
copy to me, of his own hand-writing, far from 
the words that were set down in the paper that 
he and I concluded of together, and delivered 
it to me privately, and I delivered it to this gen- 
tleman, carrying it behind me thus, and he 
came after me and took it from me. 

Sir C. Levins. Mr. Bedlow, this, you say, 
was for the shortening of the evidence; how 
was it«to be shortened ? 

Bedlow. To take off the whole charge of guilt, 
that I had sworn against them: 

Sir C. Levinz. Did that, which you agreed 
upon to shorten, take off from the treason ? 

Bedlow. That which the witnesses had in 
writing did take off the charge of treason 
wholly. 

Sir C. Levins. Was it less than the infor- 
mation you had giveu in against them ? 

Bedlow. I told him, that it was not delivered 
into the Secret Committee, but indeed I had a 
great while before 

X. C. J. I will tell you. what I apprehend he 
did say ; if I mistake, he will set it right. He 
•aith, When he came back with Mr. Reading, 
he found Mr. Speke and his man in the cham- 
ber together ; be asked Mr. Speke how long he 
had been there, and how chanced be was up so 
soon ? Mr. Speke said to him, I have been here 
ever since you went away. That, upon Mr. 
Bedlow's desire, he went away before him to 
Westminster, and they went together to con- 
oult, and great care was used, that they might 
Jiot be hindered or surprized. Then Mr. Bed- 
low was to pen his testimony, and it was to be 
carried to the. lords in the Tower, and they 



were to consider how to have it minced, that 
they might be oat of danger. And Mr. Read- 
ing understanding the law, whenever Mr. BecP- 
low spoke plain r or dictated anything that 
would come home to them, would tell him of 
it, and that Mr. Bedlow might correct ami 
mitigate it himself. I understand you so. Mr« 
Bedlow. 

Bedlow. Yes, my lord, k was so. And that 
paper, which he brought me back, was tei> 
times shorter than that he had of mine, which- 
was forty times shorter than what I bad given 
in to the Secret Committee. 

Mr. Ward. Mr. Bedlow liath faUv proved 
the discourse and bargain between him and 
Mr. Reading, for the lessening of his evidence. 

Bedlow. All Mr. Reading's words were, that 
I would so shorten and lessen the charge against 
them, that they might come off, 

JL C. J. Mr. Reading, if vou have a mind 
to it, you have liberty to ask him any ques- 
tions. 

Reading. My lord, I bombiy desire I may 
do it, when the evidence for the king is mil 
given. 

X. C. J. It is most proper to do it now. 

Reading. With your lordship's favour, I 
have this reason for it, I do desire that the wit- 
nesses may be examined apart. 

Justice Wild. Mr. Bedlow, pray let me ask 
you one question. I am upon the indictment, 
for the jury is charged upon that, and we roust 
judge upon that, Was the agreement between> 
you and him, that yoa should swear what ha 
should direct you ? 

Bedlow. It was, to what he and the lord* 
would direct. 

Justice Wild. Did the lords correct your 
paper? 

Bedlow. As he aaid, they have done it. 

Justice Wild. Did he acknowledge it r 

Bedlow. Yes, he did. 

X. C. J. Mr. Bedlow, I don't understand that 
you were to have any conference with the*, 
lords, but you were to be shy of that, lest it 
should be discovered, but what conference yot» 
were to have was with Mr. Reading. " 

Bedlow. Yes, my Lord, and he was to give 
me an account what they would have me say. 

Justice Jouee. Shew him the paper, I suppose 
be will own his own hand. 

X. C. J. Is that your hand, Sir ? 

Reading. My Lord, jhis is my hand, and this 
is that paper that I did deliver to Mr. Bedlovr 
before Mr. Speke in the PaintenVChamber. 

Ward. We desire it may be read, if your 
lordship think fit. 

Justice Atkins. Methinks it should be ma* 
terial to read the paper that he gave to Reading 
first. 

X. C. J. Have you it here, Mr. Bedlow? 

Bedlow. No ; he carried that paper to Use 
lords, and brought me this again. 

X. C. J. But had you' never that other paper 
again? 

Bedlow. No, I had not. 

X. Cr J. Did you ever take a copy of it ? 

r 



£77] STATE TRIALS, 31 Chailbs EL i679.-^br a Trespass and Misdemeanor. [278 

Reading, No, My Lord, but by my pwn io- 
treajy. 



Bedlam. No, I did not. Bat this is that cor- 
rected paper that I was to giv e io to the secret 
committee, and corrected by the Lords. 

Sir C. Levins. We do prove it in fact, that 
be had before erven farther evidence, and by 
this agreement he did contract to give less. 

L. C.J. Mr. Beading, what do you say to 
Mr. Bedlow* 

Reading. My Lord, if I have your lordship's 
direction that I may not examine my witnesses 
apart, I'll go on. 

L. C. J. Bat what say you to the paper ? 

Reading. I do own the paper that was shewn 
tome, is my hand, and that I delivered it to 
Mr. Bedlow. 

L. C. J. Then* it must be read. 

Sir C Leumz. My Lord, we don't desire it 
should be read, for we cannot shew the former 
paper, that did contain more ; and therefore 
what wOl the reading of -the latter^ which con* 
Cains less, signify ? 

L.C.J. If you do ntf desire to have it reed, 
we won't vend it. 

Sir C levin*. Mr. Bedlow's evidence is, that 

Chens was a paper much more huge than this, 

and yet both those short of the information he 

had given in ; now what will the reading of the 

4me signify* without the other ? 

L.C. J. Da you consent to the reading of it ? 

Mending. My Lord, I would save your time, 
and make it plain. 

L. C J. Mr. Reading, You must not come to 
make your defence yet, till the king's evidence 



Reading. -My Lord, I doit to open his evi- 
dence, and for your information. My Lord, 
Mr. Bedlow charge/ me, that I did write in his 
chamber, when his man and Mr. Speke were 
gone, a paper that was much larger than the 
paper your lordships have before you; he does 
amy that be did desire me to go with that to the 
lords, and that they did correct it in several 
places, and being so corrected, I did bring him 
this paper back; and delivered it tohunin 
the Painted-chamber, before Mr. Speke. My 
Lord, I do pray your lordship's favour in it; 
when I bad the king's directions for giving in to 
the secret committee what information I had 
to give, I did deliver it into the chamber, where 
were Mr. Sacbeverell and others, that very 
paper, which was written at his chamber. My 
Lard, I have sent to him several times, chat he 
would deliver that to me in order to my own 
justification at my trial. » I did desire likewise 
that some other papers which I did receive 
from Mr. Bedlow under his own band, and which 
would be very material to my defence, might 
be brought to me, but I have not had the favour 
of an answer from Mr. Sacheverell, to this very 
hoar. I do humbly desire that he may be sent 
to, for the delivery of them. 

L. C. J. 1 do not know how we can send 
for them, if the committee will not deliver them. 

Reading. Will your lordship give me leave to 
send to him? 

X. C. /. But not by our direction, to bring 
(hen as by our command. 



L. C. J. Do what you will, as from yourself. 
Mr. Reading, your wife was with me yesterday, 
and said, you could not get Subpoena s for your 
witnesses ; and I sent for the clerk about it, 
and he told me, there never was any Subpoena's 
denied you, but you might have had them at 
any time. But what say you to this paper, 
you of the king's counsel? 

SirC. Levins. My Lord, we do not desire to 
have it read without the other. 

L. C. J. Look you here, this paper must be 
read, for we would see whether there was a 
paper under your hand, expressing what evi- 
dence Mr, Bedlow was to give in this matter, 
and whether you did one way or other put any 
thing in writing which he should swear, to lessen 
his evidence. As for the other matter of tarn* 
paring, we shall bear from others concerning 
it ; but let us have this read, not for comparing 
it with die other paper, to shew the testimony 
is less in this than in the other, but as an evi- 
dence of the fact in itself; for we will expect 
a good account from you Mr. Reading, what 
you had to do to prescribe him bis evidence in 
writing ; therefore pray read the paper. 

Then the Paper was read, in h*c verba : 

\ Lord Stafford. 

On discovery of the plot to me, I asked Har- 
court and Le Faire l*w things were to be mana- 
ged, they told me that his lordship was to be trea- 
surer, and be, and Ireland, and Coleman, had 
money to defray all charges; I then said I never 
heard that his lordship was engaged before ; ' 
they said be had not been long concerned, nor 
was he acquainted with the affair much ; but 
that the money which was lodged with him was 
to be disposed of by him for the use of the 
church and the Catholics, and they had bound 
his lordship up by sacraments not to discover 
what the money lodged with him was to do till 
the time of using it, and then his lordship should 
know what great trust he had upon him for 
them; and till things were ripe he was not to 
be acquainted with the depth of the plot, for. 
they knew he would never consent to the king's 
death till it was done. His lordship always 
promised to be ready to serve the church with' 
Lis life and fortune. 

Lord Powis. 

That the Lady Abbess of Panthoie told me, 
That his lordship had sent his daughters over to 
be educated in the monastery, but that his lord- 
ship's Lady had declared to her by letter, that 
she meant them as pledges according to her 
promise, to assure her that her Lord was real 
to carry on what he had promised concerning 
the introducing the Roman Catholic Religion 
into England. I brought over a letter from the 
Monks in Paris directed to his lordship, with seve- 
ral other letters to other popish gentlemen, tend* 
ing to the death of the king, and subverting of the 
government ; but what was in that letter to h« 



479] STATfe TRIALS, 31 Chahles II. 1B79.— 7WaZ qfNathanad Reading, [28G 

lordship I know not,, for that I did not open it, 
as I had done the others, it being directed to a 
peer; but I believe it might be to the same 
effect, the Monks having informed me so at the 
delivering them to me ; set eral other letters to 
the same effect (as the priests told me) I saw in 
the priests hands, directed to his lordship ; but 
I never didjread any of them, nor can I say that 
bis lordship ever received any of them, but I saw 
them put into the post-house to send forwards, 
and I never saw his lordship at any consultation, 
neither did I ever hear his lordship named at 
any consultation where the killing of the king 
was mentioned or debated of : but I verily be- 
lieve that his lordship was acquainted with the 
design of introducing popery, for that the lady 
Abbess and the Priests have several times told 
me so, or to that effect. 

. » 

Lord Petre. 



Mr. Tyrrel a Priest, and Madam Thirablehy 
bis lordship's sister told me, that Mr.Thimbleby 
was gone to my Lord Petre's house to consult 
with bim how to proceed in the managing of 
their business. Mr. Tbimbleby having received 
letters from beyond sea in order to the intro- 
ducing the Roman Catholic Religion into Eng- 
land,, and that his lordship would not in any sort 
be persuaded to bring it in by force, but rather 
by policy ; and though his lordship had truly en- 
gaged himself never to quit the design, yet she 
Was sure he would not do it by foul means. I 
told her at her husband's ftouse at Ernly, that 
where a design was to be carried on for so ge- 
neral a good, no particular way was to be pitched 
upon, but any thing, and all means was to be 
used to»bring it to pass, rather than lose the de- 
sign : to which she replied, that she believed 
and approved the same, but that she well knew 
his lordship's mind, that he would never agree 
to do it by force ; but as he would not hinder 
it, should it go on by force, so he would further 
k by any other means whatsoever. 

X. C. J. Here is an evidence indeed, but so 
ininced, that it would have .signified nothing as 
to the charge against them. 

Bedlow. In the information that I gave in to 
the secret committee, there is ten sheets of 
paper in every evidence against every lord. 

X. C. J. Now go to the other witnesses. 

Ward. Pray swear Mr. Speke. Which was 
done. 

Ward. Come, Mr. Speke, declare your evi- 
dence, and pray come over on this side. 

£. C. J. I would have him stand on the 
Other side, because Mr. Heading desires to exa- 
mine them apart 

Speke. My lords, and you gentlemen of the 
jury, I should have been very loth and unwil- 
ling ^o have made myself so public as to have 
appeared here as a witness against Mr. Read- 
ing the prisoner at the bar, upon any other ac- 
count than this : hut at such a time as this, and 
in such an intrigue as this was, in which both 
the king and kingdom was concerned, I thought 
ihy self bound both in duty and allegiance to 
appear in what I have done and to testify the 



truth of what I know, for the preservation and 
defence of both ;• and therefore shall declare to 
you the treaty that was in my hearing the 29th. 
of March law, between Mr. Bedlow and Mr. 
Reading now at the bar, and I shall not for the 
world attest any thing hut what 1 heard dis- 
coursed between them, but will relate it to you 
in their own expressions, as near as possibly 1. 
can remember ; and as to the matter and sab- 
stance of what I shall declare to you to be dis- 
coursed between them, I will andean both po- 
sitively swear. 

But before I acquaint you thereof, I most 
beg leave to tell you, that I knew almost daily 
from Mr. Bedlow, for some considerable time 
before, what was in the treaty between him end 
Reading, and how they proceeded in this affair, 
and therefore could the better charge my me- 
mory with their discourse, and with the passa- 
ges which passed between them, and Mr.Bedbw 
having himself told you that he acquainted 
two or three persons likewise of very great qua- 
lity all along with this treaty between bhn and 
Mr,. Reading, and with Mr. Reading's constant 
and almost daily consultation and advice to 
him upon this account, and with his large pro- ' 
mises to him from these popish lords and other 
gentlemen accused and in -custody upon the 
account of this horrid plot. 

I shall not now tire your patience so much 
as to acquaint you with what i had from Mr. 
Bedlow from time to time, after Mr. Reading 
had been with him discoursing of this affair • 
but I shall be as short as I can in coming 
close to the point, and therefore shall only ac- 
quaint you with the matter and substance of 
what I myself beard discoursed between Mr. 
Reading and Mr. Bedlow the 29th of March 
last. 

The 98th of March last, I met with Mr. Bed- 
low here at Westminster, who privately told 
me, tfiat Mr. Reading had appointed to bo 
with him in the evening about the old affair, 
and therefore desired me to come to his lodgings 
about seven o'clock, and there should be some 
private place found out for me advantageously 
to hear their discourse : I went to Mr. Becl- 
low's lodgings at Whitehall about the time he 
desired me to come ; where I met with Mr. 
Reading, who was then just come, and asking 
Henry Wiggins whether his master was at home, 
who told him, that he was not ; upon which) 
Mr. Reading went away, and left word with 
this young man that he would come again pre* 
sently, and desired him to acquaint bis master 
with it as soon as he came home : I staid 
there with this young man a short time after 
Mr. Reading was gone, asking him whether he 
could tell where his master was, who told me 
he could not, hot told me that there was some 
company at the KiugVhead tavern at Charing— 
Cross which staid there for him, and that his 
master iwuld call there before he came home ; 
upon which 1 immediately went to the King's*- 
head Tavern, and asked whether Mr. Bedlow 
was there ; but I understood that t^ere wras 
some company staying there, expecting to speale 



9H] STATE TRIALS, 51 Charles II. I67fc~-fl* a Tuqou and Mudmean*. [tSi 



with Mr. Besflow, hat that he ms sot then 
come to them; upon which I wan then to 
Mao's coffeobousa, and' staid there a while, 
bet had ordered ooe of the boys of the tavern 
teopme and acquaint me as soon as Mr. Bedlow 
cane ; bat finding that no one came from the 
tavern, after some time I went thither again, 
and understood that he had not been there, 
aad that the company was gone which staid for 
bin ; and then I went back again to Mr. Bed* 
low's lodgings, where at soon as I came, this 
young man came one aad told me, Mr. Read- 
ing was above, and staid there to speak with 
his master, oo which I called him oot to roe, and 
tokiasm I was desired by his master to come to be 
kid ia> scan* private pi e ce conveniently to hear 
the discourse between them, and therefore I 
amurved some way to get Mr. Reading out, 
that I might in the mean time convey myself 
issososne private place, where I might be able 
t» hear their discourse ; whereupon I ordered 
thiayoamg man (whilst 1 was walking without 
at snsnt distance) to go op and tell Mr. Read* 
iag that there was one which came from the 
King's head Tavern at Chartng-Cross to ac- 
quaint him that his master was there with 
asaie company, and to tell Mr. Reading; 
that hit master would not be able to get away 
from them, if he did not go to him ; whereupon 
tmsyoong vnan went immediately to Mr. Read- 
ing and acquainted him with it according to 
ay desire and direction, aad then Mr. Reading 
went presently to the tavern, end in the mean 
time I got up into the bed-chamber, and placed 
myself between the hanging* of the bed and 
the wail ; but Mr. Reading finding not Mr. 
Bedlow at the tavern, went away home, and 
left word with this young man that he would be 
with his master by seven o'clock in the morn- 
ing and ordered him to acquaint his master 
with it, that he might be up when he came ; 
and as soon as Henry Wiggins returned back 
and acquainted me that Mr. Reading was gone 
h o m e, and had left word with him that he would 
be with hi* master by seven o'clock in the 
morning, I went home, but left word with this 
young man, that 1 would be with his master by 
Ave or six o'clock ta the morning, and desired 
him to acquaint his master with it. I got op 
she neat morning by tot o'clock, and went im- 
mediately down to Mr. Bedlow's lodgings. 

Reading. Sir, you> are pleased to sa'y, that 
the S8th of March you was told, that I woald 
he there about seven of the clock in the morning, 
and that you at first met me there, and that the 
appoiatment failing, then you came the next 
morning, which was the 89tb. 

L. €. J. I will tell yon bow I apprehend 
him : the first appointment was the 88th of 
March, which was on Friday, and then failing the 
ether was the next morning which was the 29th. 

Speke. As soon as I came to Mr. Bedlow's 
lodgings, I caused the centinel to* knock hard 
at the door to raise them op ; and in the mean 
time I went into King-btreet, expecting to have 
gst info some cofFee*neuse or other for to drink 
a dish of coffee, whilst they were tfeiag, but it 



was so early that there was no coffee-house 
open ; upon which I was forced to return back 
again to Mr. Bedlow's lodgings, and then this 
young man and maid were both got up, and 
did let me in, and I went up immediately to 
Mr. dedlow, and raised him out of his bed ; 
and somewhat before 7 o'clock we placed this 
yoofcrg man upon the bed, with the rug only on 
him, and prepared a place for me on the inaid* 
of the bed, between the hangings of the bed 
and the wall. % 

L. C. /. Yon say he was on the bed, and you, 
between the bed and the wall ? 

Speke. Yes, my lord, between the bed and 
the wall I was* and be on the bed ; and as soon 
as ever I heard somebody knock at the door 
(the door being locked by Mr. Bedlow's order, 
to give me notice of his coming) I ran imme- 
diately into my station before lie came up, and 
presently after the door was open, I beard Mr. 
Reading's voice as he was coming up stairs, 
(which I know almost as well as his person) aa 
he was Speaking to the maid,' and afterwards to 
Mr. Bediuw, who met him either in the passage 
or at the stair-head, and then they came both 
into the bed-chamber, (where, I believe, Mr. 
Reading little thought any body was) though 
he was so cautious as to ask win ther there was 
nobody there that could over-hear him ; to 
which Mr. Bedlow replied. No, noj or soma 
words to that effect. And then Mr. Bedlow 
began, and said to Mr. Reading, What say the 
lords in the Tower, now? and what says my 
lord Stafford as to the estate in Gloucestershire f 
To which Mr. Reading tiieh replied, and said, 
My lord has faithfully promised me to settle 
that estate upon you, and 1 nave orders front 
my lord to draw up a blank deed in order ta 
settle it on yon ; which deed my lord hath an* 
gaged me to sign and seal ten days after be 
snail be discharged, you bringing him off front 
this charge of High-Treason, by shortening ana) 
contradicting of your evidence. And Mr. 
Reading said, My lord Powis, my lord Petre r 
and sir Henry lichburn, have JajthfiiUy en- 
gaged and promised me, that they will every 
one of them give you a very large and noble 
reward, which shall be suitat>le to the service 
you shall do them, by shortening and contract* 
mg of your evidence against them, and in bring- 
ing them off likewise from this charge of High- 
Treason. To which Mr. Bedlow replied and 
said, I will not rely upon their promises only, 
but do expect to have something under their 
hands. To which Mr. Reading then replied 
and said, They do not think it fit aad con- 
venient for them to do that as yet, but you maw 
safely and securely take my word, as I have 
done theirs, they having alt so faithfully pro* 
mised me to perform all I have told you front, 
them. And Mr. Reading finding that Mr. 
Bedlow doubted their performances, according 
to their words, did moreover use these very 
expressions, and said, I will engage my life toe 
it. To which Mr. Bedlow then replied, I will 
then take yoor word, as you have done theirs. 
And also told him, The Committee do ptesf 



flgS] STATE TRIALS, 51 Chailss 1L 1679.— Trial qfNathanael Reading, [SM 



upon me to deliver in what I have to say against 
the lords, and therefore I desire I may have 
their answer speedily, that I may know what 
they intend to do, and what they do resolve 
upon, because I caanot well defer delivering in 
what I have to say against them 'any longer than 
this- night, because I bear they come very 
speedily .upon their trials. To which Mr. 
Reading then replied, That he was sure they, 
could <not be brought to their trials before 
Easter, telling Mr. Bedlow what the parlia- 
ment must do first, and how they were to pro- 
ceed in this case: That they must come down 
as he arraigned, and after that, they must have 
time, to give in their answer, and after that, they 
must have time to prepare for their trials; -and 
old him, that he might very well defer it till 
Wednesday ; but Mr. Bedlow told him, that he 
could not defer it till Wednesday, but be would 
put it off till Monday, and longer he could not: 
And then Mr. Reading said, that he would go 
presently to the lords and acouaint them with 
what be said, and that he should not rail of having 
their answer by him on Monday, and that it 
ahouioV be ready for him to deliver it into the 
Committee that night. And after this dialogue 
was over between Mr. Reading and Mr. Bed- 
low, they went out into the dining-room, and 
there Mr. Reading stayed till Mr. Bedlow had 
quite dressed himself, and afterwards went out 
both together, aitd stayed away about half an 
hour; and when they returned, I and this young 
man were both together in the dining-room, 
and then Mr. Bedlow spoke to me as if I were 
but just came, asking me bow long I had been 
there ; I told him I just called on him as I was 
going to Westminster, or somewhat to that pur- 
pose, so that Mr. Reading might not any ways 
suspect my being there before-hand, to hear the 
dialogue which passed between them. Mr. 
Reading then called for a sheet of paper and 
pen and ink, and went into the bed-chamber, 
sneaking and desiring Mr. Bedlow to follow 
him ; but after Mr. Reading was gone into the 
bed-chamber, Mr. Bedlow came to me, as I 
was standing by the. chimney, and whispered 
to me, that they were then just going to draw 
«P what they had concluded on, that the lords 
might see it and correct it as they thought fit 
and that <they might send him on Monday, in 
writing, what he should deliver into the Com- 
mittee to swear against them; which I saw de- 
livered by Mr. Reading, according to his pro- 
mise, to Mr. Bedlow, on tbe Monday morning 
following, in the Painted-Chamber" at West- 
minster, which paper was writ by Mr. Reading's 
ewn band, Mr. Bedlow delivering it to me as 
soon as ever Mr. Reading left him ; and then I 
and another gentleman of quality went up im- 
mediately into the room they call the Lord 
Privy-Seal's room, where the Committee of 
lords use to sk, and there Mr. Wharton and I 
read tbe paper so delivered, being writ by Mr. 
Reading's own band. 

Jury. Did you see Mr. Reading's face ? 

Mr. Speke. Ay, between tbe door and tbe 
wicket, but not m the room* On the Monday 



morning following, Mr. Bedlow desired that I 
would be here at Westminster before-hand, and • 
be would come thither. And he told me they 
were to correct the Paper, and he was to bring 
it corrected, and, said ne, pray follow me, and 
see the paper delivered. 

Reading. What day was that he desired you? 

Speke. It was upon Saturday, the 29th 
of March, (hat I overheard what was said, 
and it was upon tbe Monday morning following 
that I met with Mr. Bedlow, and be bid me go ; 
to Westminster before. And I did so, and 
when we. met at Westminster I went after Mr, 
Bedlow at a distance : And in the middle of tbe 
Court of Requests he met with Mr. Reading, 
and they went together into the Painted Cham- 
ber, and I followed them at a distance ; my eye 
was very much upon them, but I saw Mr. . 
Reading was very cautious that I should not 
see the paper delivered ; and indeed I was as 
shy as he, that he should not see that I took 
notice of it, but I did direct my eye somewhat 
carelessly that way, and at last I saw the paper 
delivered by Mr. Reading to Mr. Bedlow; and 
as Mr. Bedlow told you, I and another gentle* 
man of quality went away to tbe Lord Privy 
Seal's lodgings, where he opened the paper, 
and saw what was delivered to him, and read it : 
and this is all I have to say. 

L. C. J. Shew him the paper. Is this that 
paper, that you saw him deliver to Mr. Bedlow ? 

sir C. Levins, Look upon it, Sir, is that tbe ■ 
paper 1—Speke. Yes, my lord, certainly I take 
it so to be. 

Just. Atkins. He bath owned it 

L. C.J. Mr. Reading, if you would ask 
this gentleman any questions this is your proper 
time. 

Reading. I hope your lordship will give me 
tbe favour to examine them apart. 

Just. Wild. Mr. Reading, you do confess 
what Mr. Speke says to be true ? ' 

Reading. My Lord, I did' deliver that very 
paper to Mr. Bedlow in the Painted Chamber 
in the Court of Requests before Mr. Speke f 
and it is every word of it of my own hand 
writing. 

Just. Dolben. Did you see Mr. Reading us 
the room ? 

Speke. I did not see him, till he was be t ween, 
the wicket and the door. 

Just. Wild. Mr. Speke, let me ask you ooe 
question ; did not you know his voice t 

Speke. I knew his voice almost as well as 
hisj>erson. 

L. C. Baron. You are sure it was he ? 

Speke. Yes, I am very confident it was he« 

Is. C. J. And the discourse was, that has 
would have it put off till Wednesday, but Mr. 
Bedlow would not, but only put it off till Mots* 
day, and then they agreed upon a paper, an 
account of which Mr. Reading promised to 
give on the Monday following. 

fteke. Yes, my Lord, it was so. . 
• C.J. So that the feet does answer thes 
discourse, for on the Mtnday following the 
paper was delivered. 



9B&] STATE TRIALS, 31 Chaklbs II. 1070.-/or a Trespass and Misdemeanor. [S& 



Mr. Ward. Here it only one other evidence, 
and that is Mr. Bedlow's servant, that was pot 
in the bed, as Mr. Bedlow tells you. Pray 
swear Henry Wiggins. Which -was done. 

Sir C. Lerotx. Come on, young man, speak 
yoor knowledge of this matter. 

Wiggins. My lord, what I have to say is 
this. 
L. C. J. Speak oat. 

Wiggins. What I have to say, is only what 
Mr. Speke hath said before ; and indeed he 
hath been so very plain, and so exact in all 
particulars, that I need say but little, and 
therefore shall be very short. My lord, on 
Saturday the 29th of March last, Mr. Reading 
came to my master's lodging between seven 
and eight in the morning. I was placed on the 
bed, with the rug only on roe ; arid Mr. Speke 
was behind the bed, between the hangings of 
the bed and the wail. As soon as Mr. Read- 
ing came into the room, be asked my master, 
if there were nobody there that could 
hear them ? My master said, No. Then my 
master asked, What say the lords in the Tower 
now ? And, What 'says my lord Stafford, as to 
the estate m Gloucestershire ? Saith he, my 
lord hath promised faithfully to settle it upon 
yoo; and has given me order to draw up blank 
deeds, which in ten days after his discharge, be 
will sign : And this was for the lessening the 
evidence. I think those were the words. And 
last then the rag troubling me, that I could not 
hear well, I put it off my bead ; and, my lord, 
I saw Mr. Reading stand by my master in the 
chamber. Saith he, my lord Powis, my lord 
Petre, mod sir Henry Ticbburn, have all pro- 
mised you a suitable reward to the good service 
you shall do them, in bringing them off from 
their charge. • Saith my master, I do not think 
fit to rely upon their promises ouly; but do ex- 
pect something under their bands. No, said 
he, they do not think it convenient for them to 
do that, as yet ; but you may safely take my word, 
as well as I have done theirs : And I will 
engage my life for it, (Which were the words 
Mr. Reading used.) Saith my master, The 
committee do press upon me to give in my evi- 
dence, and I cannot defer it any longer than 
this night. Saith Mr. Reading, They cannot 
come to their trial till Easter ; because such 
and such things are to be done, (as Mr. Speke 
hath told you) before they can come to their 
trials, which cannot be done till then: And 
you may very well .defer it till Wednesday. 
No, said my master, I cannot ; but I will do 
what I can to defer it till Monday. Saith Mr. 
Reading^ will then go to the lords, and acquaint 
them with what you say ; and bring you an an- 
swer from * them on Monday morning. And 
that day, when he came to the Painted Cham- 
ber, I saw him deliver that paper to my master, 
and my master carrying it behind him ; and I saw 
Ur. Speke take it from him ; and Mr. Speke 
and another gentleman went afterwards together 
up into my Lord Privy-Seal's room to read it. 

Jury. How long was it ere you saw Mr. 
Beading, after the discourse in the room f 



Wiggins. I cot up presently after they were 
gone oat, and I saw them together at the door; 
and as soon as they were gone, (as I told yon) 
we both went out into the dining room, and 
went to write down what was said : And with- 
in half an hour, they came back again into the 
room. And saith my master to Mr. Speke, 
What makes you so early here ? How long have 
you been here ? Said he, I called upon you 'as 
I was going to Westminster. And then my 
master desired Mr. Speke to go before to 
Westminster : And Mr. Reading called for pen, 
ink,and paper; and went into the bed-chamber, 
speaking to my master to follow him i And so 
we went away. 

Jury. You say, That yon saw him. there t 
and not only heard him talk, but saw him ? ' 

Wiggins. When he came into the room, 
the rug was over my head, and they spoke so 
softly that I could not hear him very well ; but 
I put it off, without his perceiving me, and saw 
him then, and heard Inm plain : And when 
they went out again, I saw them both. 

Speke. We opened the hangings, my ford, a 
little at the bottom,' that he might not suspect 
any thing, and the curtains were but half drawn 
or a little more : So that, when he put off the 
rug, he might easily see him. 

L. C. J. Have you any further evidence fbr 
the king? 

Sir C. Levins. My lord, if your lordship 
please, we shall trouble yon with no further 
evidence : We have proved it by three wit- 
nesses. 

L. C. J. Then, Mr. Reading, now is the 
time fbr you to make your defence : They have 
concluded, that are for the king. 

Heading. My lord, I am very unwilling to 
spend any of vour lordship's time in vain. There 
is one part or the indictment,' which' I do hum- 
bly take notice of to your lordship beforehand : 
they are so far from charging me to be of the • 
plot, or knowing of the plot, that Mr. Bedlow 
hath declared the pressingness of my persua- 
sions to him, from time to time, that he would 
be very full and positive, in charging any man 
according to his knowledge. Therefore I shall 
not spend any time, my lord, in speaking to that 
I am obliged to Mr. Bedlow, that he hath done 
me so much right, in saying what he hath said 
of me about that : But I shall apply myself 
singly to what he hath given in evidence against 
me ; and what hath been spoken to by Mr. 
Speke and bis servant. 

My lord, the indictment is, That I should en- 
deavour to persuade to lessen his evidence 
agaiust those lords, and sir Henry Tichburn ; 
that is to say, my lord Powis, my lord Stafford, 
and my lord Petre : They prove nothing against 
me, as to the other. And my lord, because the 
indictment ; dothi likewise set forth, that this 
was done on the behalf of these lords, and on 
their account, as it says, I shall humbly (before 
I go on to censure the evidence) give your lord* 
ship an account, upOn what occasion it was, 
and how I went to see any of these lords, and 
sir Henry Tichburn here mentioned. 



U 



My lord, within a few days after the lords 
were seat to the Tower, Mr. Bulstrode. a geu- 
tlemau of the privy-chamber to his majesty, did 
come to me from my lord Stafford ; telling me, 
That my lord Stafford desired to be remembered 
to me, and to pray me to come to him. 

My lord, I did tell that gentleman, That 
though I had a very great reverence for my 
lord, having known him long, and having been 
my client for several years ; yet, considering 
bow his circumstances then were, I should not 
venture to go to him, till I had acquainted some 
of the lords of the close committee with it, and 
had their leave. 

Mr. Bulstrode said, I acted very prudently in 
it ; And accordingly I did go, and acquainted 
the Prince, my Lprd Treasurer, the marquis of 
Worcester and some other lords with it : And 
they told me, That my profession did privilege 
me to go ; and God forbid, but that respect 
should be sfeewn him and the rest of the lords. 
Hereupon, my lord, I did go ; and when I was 
there, I acquainted the Lieutenant of the Tower 
with it ; who invited me to dinner with him : I 
did so, my lord, and my lord Stafford was there: 
And afterwards be did desire' me to go to his 
quarters with him : And being there, he told 
me, That I was not ignorant of what be was 
charged with, and upon what account he was 
there: And he was pleased to say much con- 
cerning his own innocency. I told his lordship, 
I heartily wished it might appear he was as in- 
nocent a* he said he was. 

Then he desired me to move for his Habeas 
Corpus. I told him I thought it not seasonable 
yet to do it : I also told him, I would not at all 
admit myself to be of counsel for him, but for 
his innocency and as an innoceut man; with 
this, that I did so expressly abhor and detest 
the crime that he was charged with, that 
though I were of counsel with him, or in the 
very highest degree of friendship imaginable, 
should I discover he was guilty of it, I would 
be so far from continuing of counsel for him, 
that f> would come in as a witness against him. 

My lord, upon these terms it was, that my 
lord took my advice, and be gave me my fee, 
which was two guineas. 

My lord, afterwards I was desired by several 
of the lords to speak with sir Heory Goring, 
and sdr John Gage, then prisoners in the Tower: 
And my lord, they did desire ine, that I would 
move for their Habeas Corpus's ; and, my lord, 
I did so. I was then sent to by my lord Brud- 
nel, and several other gentlemen in the King's- 
bench, prisoners upon this account : And, my 
lord, I dad at this bar move for several of 
their Habeas Corpus's. And having the direc- 
tion of the Court, that though they did not 
deny the granting of the writ ; yet notwith- 
standing, no benefit should be bad of Uiat writ, 
unless Mr. Attorney bains attended in it, 
should give consent to their being bailed. Ac- 
cordingly my lord, Mr. Attorney did attend in 
it, and be was pleased to say, That he would 
not do any thing for the bailing of any, for all 
that the writ was granted, till he knew what 



1679 — Trial <f NatKanael Reading, [389 

their accusers charged them with. I then knew 
it was in vain to bring them up, tuT Mr. Attor* 
ney wns satisfied. 

Mr. Scroggs and I did go from Mr. Attorney 
to Mr. Bedlow and Mr. Oates : and the seve- 
ral persons for whom we were of counsel, be- 
ing set down in a list, we did also set down our 
directions from Mr. Attorney about them; ami 
did pray them to let us know what they had to> 
charge any of tbem with. And if they were 
easy in their consenting to their being bailed, 
then we did go to Mr. Attorney to let bios 
know it; and be being satisfied from their own 
mouths, did consent to the bailing of several of 
them. 

My lord, this did occasion my discoursing se- 
veral times with Mr. Bedlow and Mr. Oates, 
concerning the nature of the several charges* 
against the gentlemen they had accused. My 
lord, during the whole time of my being con* 
versant with Mr. Bedlow (and he hath given) 
your Jordship an account how I came acquaint- 
ed with him) though I did desire sir Trevor 
Williams might be here, and did send him a 
Subpana, because 1 knew he was unwilling to> 
come unless he were summoned ; and I should 
be glad to see him here. 

Bedlow. My lord, sir Trevor Williams is io 
the House of Commons ; and ordered me t» 
send for him, if there were occasioj). 

X. C. J. Then pray send for him, because 
Mr. Reading desires it. (Which was done). 
In the mean time, pray, Mr. Reading, will yov 
go on in your defence. But all that hath 
been spoken, is not much to the purpose. I 
would have you apply yourself to the fact 
sworn, which is comprehensive of all the in- 
dictment ; and that is, what happened in tbe> 
chamber the 29th of March last : answer that 
fact. 

Reading. I shall, my lord ; but I desire Mr. 
Bulstrode may be examined to those poiats X 
have spoken to. 

Butttrode. My lord, I desire you would hear 
me, for he is very much mistaken in what ha 
hath said concerning me: For he seems to say/ 
I came to him, which I did not do; but acct- 
dentallv met him at Whitehall. 

X. C, J. Look you, uuless he calls you, yoa 
are not to be called by us, as a witness for the 
king. 

BuUtrode* My lord, he served me with a 
Subpana. 

£. C. /. Mr, Reading, would you have Mr* 
Bulstrode examined ? 

Reading. Yes, my lord, if you please; I did 
pray him to be here to that end. * 

L. C. /. In this case, though he be a witness, 
for Mr. Reading, he must be sworn : Therefore 
swear Mr. Bulstrode. (Which was done). WeH, 
what do you ask him ? 

Reading. M v lord, all I do humbly desire 
is, That he will give your lordship an account 
whether be did not come unto me in the uame 
of my lord Stafford ? 

Bulstrode. My lord, I happened one day to> 
go see *ir William Goring; who was my nejg)h» 



boor ro the country : And as I was going out, 
I saw my lord Stafford walking : and saluting 
him, he asked me,Dowu know one Mr.Read- 
iag,a lawyer ? I asked him, What Readirfg ? He 
answered, That used to be at the Parliament 
Home. I said, I did. Than said he, Pray 
teQ aim when yoa see him, I would speak with 
hi si, and should be glad to see him : And in 
two or three days after, I met with him ; and 
said I, Mr. Reading, my lord Stafford asked me 
if I knew you ; and desired me to tell you, he 
would be glad to see you. My lord Stafford ! 
said be ; and seemed surprised at the name ; 
and I repeated it to him : and this was all that 
past between me and him. And this was some 
time in Michaelmas term last. 

X. C. J. . Look y««u, Mr. Reading, we know 

that the acquaintance yoa had with Bedlow, 

and your going to the lords, was in Michaelmas 

term t the Habeas Corpus's and the matter of 

bailiag wa* in Hilary terra, which ended the 

12th of February ; and therefore the business 

between Mr. Attorney and you, must be during 

Hilary term. But this fact charged upon you 

re the indictment, and sworn by the witnesses, 

being on the 28th, 29tb and 31st of March, 

that b a quite other thing : and therefore I 

would have you apply yourself to that. 

Reading. My lord, I shall humbly observe 
your lordship's directions in that : Bet I desire 
to be heard in this other thing also, which was 
m Michaelmas term. I say, my lord, they 
were desiring of me to advise them, whether 
they should move in the House of Lords, 
whence most of the commitments were issued. 
For as to eotne, the charge was against them in 
the House of Commons, some in the House of 
Lords, some were generally committed by my 
Lard Chief Justice Scroggs ; and according to 
the nature of the cases, so they did desire me 
that I would advise them how to address them- 
selves, by one way or other, for procuring their 
liberty by bail or otherwise. And a* to the 
writs obtained, and the bailing of several of 
them, it was in Hilary term, which was before 
lie met charged upon me. Bat I did give 
your lordship an account bow it was> in order 
id have it appear naked before you ; and then 
1 shook! be in j our lordship's judgment, which, 
1 am sere, will he* right. And I do say, my 
lord, that afterwards I met several time* with 
ssy lord Powis and my lord Petre, at the Lieu- 
tenant of the Tower's house. 

X. C. J. Here is now sir Trevor William* ; 
an you desire he should be sworn? 

Reading. I do, my lord. 

X. C. J. Then give him hit oath. (Which 

at done}. 

Reading. My lord, with' your lordship's fa- 
vour, that which t desire sir Trevor Williams to' 
£ve your brdship an account of, is this, Whe- 
ther he wiia not pleased to bring Mr. Bedlow to 
aty chamber, and to recommend me> so him 
stftot his pardon ? 

Sir TV. William. My lord, Mr. Reading 
w*v en acquaintance of mine ; and upon what 
tfetfew,! had^ grewt- ofqhioii of hi0 knowledge 



StiWJer « Trctp&to and Mbdcmttmor. [290 

in the law « and Mr. Bedlow was a cduntryman 
of mine, and I was very desirous he should hove 
his pardon as perfect as could be : And in or* 
der to that, I recommended him to Mr. Read* 
ing, and desired him to be careful about it. 
And that is all that I can say. 

X. C. J. What further questions would yon 
ask him ? 

Reading; My lord, I desire to know of 
him, What advice he hath beard me give Mr. 
Bedlow in order to his dealing ingenuously, 
and my pressing of him to a full discovery of 
the plot. 

L. C.J. Mr. Reading, as to that, Mr. Bed* 
low hath already cleared it himself, that in nil 
public discourses between you and him, you did 
carry it very plausibly; yet we will not preclude 
you from having your witnesses speak to that, 
if you will have them examined 'to it. 

Reading. My lord, I will trouble sir Trevor 
Williams with no more questions. » 

L. C.J. You need not as to this point ; Mr, 
Bedlow hath testified, that publicly you did ad* 
vise hkn to make full discoveries, and spare no* 
person. 

Bedlow. I did say se at first, and I will do> 
him justice, he did really and honestly I be^ 
lieve, give me that advice, as to all in public, 
and only spoke about those men he was con- 
cerned for, towards whom be would make me 
easy. 

X. C. J. Pray, Mr. Reading, will you come* 
to the fact r 

Reading. My lord, at the time of my being 
examined before the committee, I did deliver 
some papers, which I had from Mr, Bedlow, 
and under his hand, and which do concern the> 
evidence I am to give in my own defence ; 
These I do beg the Savour may be sent tome, 
to make use of them for myself, and I shall, as 
soon as the Court hath looked neon them, re- 
turn them again. 

Bedlow. There was a proposition about iiy 
in the House of Commons; and the main* 
paper, which) I suppose, Mr. Reading desires 
to product,, is in Mr. Clare's hand, to be pro- 
duced, when called for, if the court think fit. 

X. C. J. Have you it there, Mr. Clare? 

Clare. Yes, my lord, I have. 

X. C. J. Mr. Attorney, when tlte prisoner 
calls for a paper, which he himself delivered 
in, I think it is but fair it should be produced^ 

Att. Qen. (sir William Jonas). Yes, mf 
lord, I do not oppose it. 
- Sir C. Levin*. My lord, Mr. Reading must 
understand, that this is no hinge from os> hue 
he desires such a paper, whicli let him make 
what U9e of it he can. 

Bedlow. I suppose it is about the protec- 
tion for Prickman. 

Reading. Mr. Bedlow, if you please to an- 
swer k by and by, when it is read, and let me 
open it myself. 

X. C. J. Here is now Mr. Sachevere) ; what, 
have you to say to him ? 

Mr. SkchevereL My lord, in the House of 
Commons weHbiave reetfted a letter from Ma- 
ll 



801] STATE TRIALS, S 1 Ch ahlbs If. 1 ti79.-»7Wa/ of Nathtaiacl Reading, [29* 



Rending, by which he doth desire, for his own 
justification, *to have some papers sent him, 
which were delivered to the Secret Committee; 
J suppose he means a paper about Mr. Prick- 
man, and a letter concerning him, and likewise 
a paper that contained a state of the evidence 
against the lords, which he pretended Mr. Bed- 
low hod dictated to him : that, I suppose, Mr. 
Clare hath ; for the other two, the House of 
Commons hath ordered me to bring them here, 
that if he can use them, or any other, in his 
own defence, he may have free liberty so to do. 

L C. J, Is there any other thing you would 
have with Mr. Sachevercl f 

Reading. Nothing, my lord; I humbly 
thank him for this favour, and the House too. 

L. C. J. Mr. Sacbeverel, these papers you 
have brought, shall be put into the hands of 
Mr. Clare, to carry to the Secret Committee, 
when the trial is over. 

Justice Wild. Mr. Reading, pray spare me 
one word ; you are a lawyer, and you know 
how to make your defence, speak ud idem, the 
thing you are charged with, the tampering with 
Bedlovv to take off his evidence against those 
lords, or else you do nothing ; for we are not 
about the plot in general, nor are you charged 
with it. 

Reading, My lord, I shall do nothing else ; 
I shall not give you the trouble of speaking to 
any thing else; my lord, Mr. Bedlow aid give 
your lordship an account of the discourse that 
l had with him, at the time that I had been to 
wait upon my Lord Chief Justice Scruggs; I 
went to him upon this occasion, Mr. Bediow de- 
sired me to go wait upon my Lord Chief Justice, 
to give him an account about the particular 
evidence he had given ; * I think it /was against 
Mr. Coleman, and that he being wiih my Lord 
Chief Justice, my lord was pleased to treat 
him, not as he expected from him ; whereupon 
he fell into great expressions of passion, and 
went down stairs, and said, It would never be 
well in England, till there was an honester man 
than tl.u Lord Chief Justice. When he had 
told me this, I told him, at what rate bis lord- 
ship had endeared himself to the whole nation, 
by his zeal against the plot; however, saith be, 
do me the kindness to beg my lord's pardon, 
* and pray him to accept of this paper. My lord, 
I was extremely sorry, that Mr. Bedlow had so 
misbehaved himself; I had a great kindness 
for Mr. Bedlow, I have sufficiently testified it, 
and new sufficiently suffer for it : and in kind- 
Bess to him, I went to wait upon my lord, and 
delivered him the paper ; I told his lordship, 
that I was heartily sorry, that he had carried 
himself in such a manner towards his lordship, 
but I did desire his lordship to pass it by, for 
I did believe Mr. Bedlow was very sorry for it 
My lord said, it was sufficiently known that he 
was not a man of passion, but that he pitied Mr. 
Bedlow, and desired he would be more careful 
and discreet for the time to come, for his own 
sake, and for the kingdom's; I returned to 
him, and gave him this account, and what was 
my lord's advice to him. My lord, when he 



had his pardon a drawing, and when he wae 
asked by the king and my lord chancellor, 
who was bis friend ? who was bis counsel ?, he 
was pleased to say, that I was his counsel, and 
his friend, recommended by sir Trevor Wil- 
liams, as hath been proved ; and when his ma- 
jesty was pleased to ask him, what advice I 
had given him ? he ret u rued the king this an- 
swer; that 1 had bid him speak the truth with 
courage; to spare no man, where he could 
justly charge any man ; and to trust God and 
his majesty for a reward. The king was pleased 
to say, the advice was honest; aud bade him 
follow it. What I did in this matter, I did in 
friendship to him, because I had a great kind- 
ness for him : 1 have supplied him with several 
guineas, with a guineu or two, when he told mo 
he has not had bread. He was pleased to tell 
me, that he was very sensible of the service 
I had done him. I appeal to him, whether 
ever I saw a penny of money from him in my 
life ; he was pleased to tell me, that upon the 
receiving of the 5002. in the Proclamation, he 
would give nie a third part, for that service I 
had clone him, and would certainly repay me 
whatsoever I had lent him, and the fees that 
were due to me. And, lay lord, upon this I 
did likewise tell him, that he had not carried 
himself well, that be had been a very great 
scandal, abroad and at home, and that be 
would not do himself right, tilt he had advised 
with Dr. Stillingfleet, Dr. Tillotson, and Dr. 
Lloyd. I did advise him to go to the chapel, 
and, upon conference with those worthy men,- 
I desired him seriously to consider, how ho 
could digest so many as- thirty sacraments, 
which he had taken as obligations of secrecy ; 
my lord, Mr. Wharton was at that time by, and 
be hath often beard me give him advice to this 
effect. Mr. Wharton undertook to go to Dr. 
Stillingfleet, but he desired to be excused ; I 
did then pray him to go to Dr. Tillotson ; Mr. 
Bedlow told me, it was no great matter, and to 
likewise for Dr. Lloyd. He told me, they werej 
all mercenary men, that valued 10s. above any. 
man's soul ; and at this rate he was pleased to 
treat them. I told him, I was very sorry, and 
displeased to hear him to speak so ill of men 
of so great eminency in the world for learning 
and piety. My lord, in further discoursing 
with Mr. Bedlow, he told me he was overjoyed^ 
that his majesty had been pleased to take off 
the confinement they were under, for they had 
not liberty to speak to one another ; he, and 
Mr. Oates, ana Mr. Dugdale; but when itwa*. 
so granted, that they might now speak toge- 
ther, he told me, with exceeding rejoicing, that 
they could now lay their* stories together. He> 
did further tell me, that he had now by him 
several witnesses, that whatsoever he bid thetxv 
swear, they would swear ; and he did confeaa 
be had not done well in some things, particu- 
larly in charging Mr. Griffith. Now, my lord* 
that Mr. Griffith was. steward to Mr. Sheldon. 
L. C. J. Before you go on in this kind, Mr. 
Reading, I must tell yon, it is not fair : here is 
oaihmadc of suc^awfoich farts agantet you, smd 



293] STATE TRIALS, 31 Cools* TL im.-Jbr a Trespass and Misdemeanor. (294 

you talk of discourse* between you and Mr. Bed- 
low ; either produce Mr. Bedlow to say upon 
his oath what be hath told you, or eke produce 
some other witnesses to prove it, if you think it 
material : do you think your word shaR pass 
for truth, by telling this story ? all this matter 
will be nothing in the case, unless you apply it 
to discredit the witnesses, therefore pray pro- 
duce some proof, and we will hear it ; if you 
will ask Mr. 'Bedlow any questions, whereby 
you may entrap him, and make him contra- 
dict himself; or if you will produce any other 
witnesses against him, do it ; but you must not 
be suffered to go in such discourses as these, 
aad spend time to no purpose. 

Bedlow. My lord, if your lordship please to 
give me leave, I will answer him. 

L. C. J; Mr. Reading, I must toll you, I 
hare as much patience as another man, and 
when you are charged with a crime, which you 
yourself know, and at first said, cannot be ag- 
gravated, I thought it fit you should have all 
fair liberty of speaking to defend yourself; I 
bate had a great deal of patience to hear you 
already, and so have my brothers : I canuot 
say yoa have spoke unskilfully ; I confess your 
defence a artificial, because it is nothing to 
toe purpose : but, we must bold you to the 
point ; if you can say any thing to disprove the 
feet of toe S8tb, 39th, and Slat of March, 
that is the w bole matter that lies upon you ; as 
to all other things, they «ignify r nothing. 

Reading, My lord, if I understand any thing 
in tny own defence, I did look upon this as so 
ssaterial, as nothing more. My lord, when I 
did find this, I appeal to Mr. Bedlow, and ask 
him this question upon his oath, whether I did 
set desire him, as 1 had desired him before, to 
speak borne, in what he knew for troth ; that 
he would do well to remember* that this land 
groaned for the shedding of innocent blood ; 
and whether I did not tell him, that if he 
should go on to add sin to sin, and charge any 
man unjustly, to take away his life, whether, 
instead of preserving the nation, by which he 
thought he might well deserve of it, he might 
not rum it ? 

1. C. J. Do you desire that he should be 
asked that question ? 

Reading, $&y lord, I do. 

L.C. J. Mr. Bedlow, you hear the question, 
pray answer it. 

Bedknv. My lord, I do not deny, but that he 
hath publicly given me such advice, and hath 
charged me > with doing of wrong, in particular, 
to Mr. Griffith ; and I do acknowledge, that 
Mr. Griffith had a great deal of wrong ; but, 
how was it ? It was by the mistake of them 
that took him ; the uncle was taken for the 
nephew, who was really concerned in the Plot, 
and that occasioned his trouble : and I told 
hhn I was very sorry for that. 

Reading* Pray, Sir, did he give you a gold 
watch? 

Bedlow. Yes, be did, and I told the com- 
mittee and the prince of it presently. 

Justice Wild, Mr. Bedlow, you received 



several sums of money from Mr. Reading, by 
the oath yon have taken, were those lent to 
you, or did you take them to be given ? 

Bedlam. Whereas he says, That I told him I 
wanted bread, it was an unreasonable thing 
for me to say so, for I have five dishes of meat 
every day allowed me, and, bow could I then 
want bread ? 

Justice Atkins. And ycu had good sums of 
money too given to you. 

Justice Wild. But, as I understood you, yoa 
said, whenever you wanted money, he supplied 
you. 

Bedlow. And sometimes gave me money 
when I did not ask it. 

Justice Wild. But answer my question. Did 
he give you that money for the intent that you 
should lessen your evidence against the lords ia 
the Tower ? 

Bedlow, This money that I received of Mr; 
Reading, he told me, that he had received 
orders from She lords, that I should have what 
money I came for ; that at present I could not 
have any great sum, because they could not 
have money, for my lord Stafford, saith he, is 
selling his wood, and until that be come in, ^e 
hath not wherewithal to provide for his family, 
but I have order to let you have what you 
want. 

Justice Wild. And he gave you money after 
that }— Bedlow. Yes, he did. 

Justice Wild. And upon that occasion ? 
• Bedlow. Yes, I thought so. And whereas 
be says, my lord, that I was to pay him the 
money again, I must confess he was to have 
100/. a year of every 1,000/. a year of my re- 
ward. 

Reading. By the oath you have taken, was 
that the reward ? 

Bedlow. Yes, by the oath I hare taken, so it 
was agreed. 

L. C. J. I never koew any man go about 
such a business as this without some invention 
to palliate it with ; they do not use to go down- 
right in suborning witnesses, and say, here is 
so much money for you, pray forswear your- 
self, or pray be a knave ; but, pray remember 
that you speak nothing but the truth, and be 
cautious that you do not swear too much ; 
and so it is all gilded with pretence of the 
desire of truth, but then tbey add, You shall 
have a very good reward for your care in it ; 
but if this way should be allowed, to bribe wit- 
nesses to speak the truth, or upon colour of 
speaking nothing but the truth, I cannot tell ' 
what will be Subornation. For it is always 
done upon this pretence. 

Justice Alkint. Mr. Reading, there foil 
something from your own mouth that was dis- 
couragement enough ; you asked him how he 
could digest SO Sacraments, which he received 
as obligations of secrecy, and advised him to 
go to Divines to receive satisfaction about it. 
That was a discouragement. 

Reading. My lord, I did not mean it so ; I 
did as a Christian, and a loyal subject, advise 
him not to shed ionotent blood. Mr. Bedlow, 



•M] CTATB TRIALS, 51 Chaelju II 1679— Drill tf N<Uhwud Heading, {W6 



you bare brought me here to this bar, pray re- 
member you and I must be at a greater. 

Bedlow. I always remember it. 

Reading, Pray, Sir, answer this question 
upon your oath. Did I ever directly or indi- 
rectly desire you to lessen any one syllable of 
your evidence you knew to be true ? 

Bedlow. 1 suppose there is no need id prove 
that, for there are two oiber witnesses have 
proved ic already. 

Beading. But pray, Sir, answer my question 
upon your oath. 

Bedlow, Yes, my lord, I do upon my oath 
declare, That upon my bringing the lords off 
from the charge that was upon them, I was to 
have such a reward, and you told me, you had 
order to draw up blank deeds. 

Justice Wild. Mr. Reading, pray hear roe; 
he hath gone farther than that, and harh sworn 
that he did lessen his evidence against White- 
bread and Fen wick upon vour instigation, 
which is not indeed in the indictment. 

Bedlow. I did then say at the Old- Bailey (be- 
cause I would not spoil the design I had upon 
him, when my lord chief justice asked me, if 
that were all I could say), I told him it was 
all I could say at present, but in time and 
place convenient I could say more. 
' L. C. J. That is not the matter in question 
now here, but the other witnesses have sworn 
it sufficiently. The young lad swears expressly, 
that he remember* bis master asked about the 
kind in, Gloucestershire, and you answered 
you had order to draw up a blank deed for 
the settlement : and as for the other lords, you 
told him, lie should have a goad reward suit- 
able to the service he should do them. And 
you, as to that, make no kind of defence, but 
Chink we should forget it by your long discourse 
to other purpose. 

Reading. I would not desire to spend your 
lordship's time in vain discourses. It lies 
purely on my negation, and his affirmation. 

Justice Wild. No, no, it is not ; here are 
two more, Mr. Speke and his man, that swear 
the same, 

Reading. My lord, I come to that ; and I 
take it for granted the law is this, that in cases 
of this nature, nay, of a much less nature, no 
man shall be accused but by lawful witnesses : 
and, my lord, I do insist upon it as law : so is 
my lord Lovelace's case, and 1 and 5 Ed. 6. 
If mine is not treason, yet it n a very heinous 
crime ; and I am in your lordship's judgment, 
whether there is a possibility of having these, 
Mr. Bedlow, and the others, to be lawful wit- 
nesses. Mr. Speke, how worthy a gentleman 
soever he is, is one to whom I have done par- 
ticular service, I have lent him money, and to 
this day have it not. That he should go, my 
lord, and place himself behind an hanging, 
and put a servant on a, bed, to over-hear, and 
to eves- drop, which a the term of a crime in 
law ; that such should pass for lawful witnesses, 
my lord, 1 hope it was never pretended to 
before, nor will be admitted against me : but, 
sny lord, all my comfort is, that when 1 went 

( 



to him, I did never propound such a thing to 
Mr. Bedlow since I was bom. And God deal 
with me here, and iu the next world, accord- 
ing to the integrity of my heart, and the truth 
of what I speak now. Yesterday sevennight, 
when I did not hope to see another Sunday, so 
spent I was with the barbarous usage I have 
received, I did desire Dr. Tillotson to give me 
the Sacrament, for I did not expect to bvt till 
the next morning. And I did pray him to re- 
member, against the time when he and I were 
to meet before the great God, that what I was 
charged with in this indictment, is as expressly 
raise, as ever any thing was sworn against an 
innocent roan. I can but say this now, come life, 
come death, the will of his majesty and of your 
lordships be done. There never stood a more 
innocent man at this bar than 1 am of this fact 
I am charged with. And I do ,say, my lord, 
that having said this, I most, with your favour, 
proceed to tell you, that I desire Mr. Bedlow 
will be pleased but to give an answer to these 
two questions, and I have done. Pray, Sir, by 
the oath you have taken, did you lay in provi- 
sions of fire, coal, and billets behind the Pals* 
grave's-head tavern, and hard by Charing* 
Cross, to burn the city of Westminster? 

L. C. J. Mr. Reading, we must see justice 
done on all sides : if you oner to ask him any 
question upon his oath, to make him accuse 
himself, we must oppose it. 

Justice Dolben. He hath his pardon, mj 
lord, and it ought not to be objected against 
hitn, if so. 

Reading. Tlie pardon of the king doth remit 
the punishment, but it doth not hinder its beiu*v> 
objected to invalidate his testimony. 

L. C. J. It doth so far set him right, that yosx 
shall not make him calumniate himself. 

Justice Wild. No, you should never object 
it against him to accuse himself* 

L. C. J* Mr. Reading, we are in a court of 
law, and you are skilled in the law ; you bavo> 
no evidence to defend yourself by, and so yotx . 
think your protestations must serve for evi- 
dence r when that will not serve your turn, 
you strive to lead us out of the way. Upon 
this question to Mr. Bedlow there lies this di- 
lemma against you : either he batb bis pardoea 
for what you object against him, or he featta 
not: if be hatb not his pardon, then be is in 
danger of death for the crime, and must not; 
accuse himself ; if he hath his pardon, it doth 
take away as well all calumny as liaMenesa to 
punishment, and sets him right against aH okW 
jectioo. So, you know, after an act of general 
pardon, it is a scandal to reproach a man for 
that which he is thereby pardoned for. So that* 
if he have not his pardon, his life is in dinner j 
if be hath, neither bis life nor name must saltans*, 
and therefore such questions most not bo 
asked him. But if you have any other queaw 
lions that are pertinent to the business, pro- 
pound them, and they shall be heard and 
swered. 

Heading. My lord, I took the law to 
thatno man should be aocused but>y lawful 



297] STATE TRIALS, 31 Charles I J. 1679.— Jfcro Trespass and Misdemeanor. [29t 



witsessts, w bich I took him not to be, though k 
be hath his pardon. 

L. C\ J. I understand lawful witnesses, or 
accusers, to be such whose testimony is not 
taken away by tbe law ; if a man stauds so in 
coort that be cannot be received to give evi- 
dence, be is no lawful witness ; as if a man be 
convicted of perjury, he is not a lawful witness, 
bscaase be cannot be heard at all. But every 
thing that lessens tbe credit of his testimony 
deth not make but that he is a lawful witness ; 
for I take him to be a lawful witness as long as 
he can be beard at ail. And, as for the eves* 
dropping wbich you from the term of law 
would iafer a scandal upon Mr. Spoke ; I take 
it to be a tbing that makes much for the credit 
of the gentleman. For he was not tbe man 
that did first detect you, you were detected 
before by Mr. Bedlow ; and as it stood only 
apou bis testieaony, should you deny it, it was 
bat your negation and bis affirmation; and 
therefore it concerned him (being a deed of 
darkness in its own nature, when he engaged 
hifnaeuT by bis discourse as much as you) to 
ba»e some of unquestionable integrity and 
credit to detect you further in it, and for bis 
own i indication. And it is therefore a credit 
to Mr. Speke that be wss thought inch a 
penon, whose credit was not to be suspected, 
and so was set to convict you. So thut it is so 
far from detracting from his credit, that it 
shews him a roan reputed to be of undoubted 
integrity. 

Bedlam. I say this, my lord, we did design to 
panose it to another gentleman of quality, who 
had been before acquainted with the design in 
general, but we could .not find him out to ac- 
quaint biu> with it. 

Speke. As for what be says of money be lent 
sue, I will acquaint your lordship bow it was. 
There was a double return in the case of my 
brother's election for this parliament, and he 
and the other gentlemen that stood with him 
(for there were, four returned) had gotten order 
sot the hearing of their cause, and 1 bad taken 
a copy oat before, and paid tir. Bd. for it 
or thereabouts, and afterwards Mr. Reading 
eosaee to my chamber and brings me another 
order, and I told him I had one already, and 
asked hun what be paid for it, he told me 10*. 
Now I knew it was but 6*1* Sd. for I had 
paid so be/ore: said I, what need I have ano- 
ther? but I suppose my brother will pay you. 
I had before recommended him to my brother, 
la manage bis business in parliament, and I did 
desire be migbt be of counsel for him. I knew 
abet passed concerning tbe treaty between Mr. 
Bedlow and aim daily ; hut because he should 
not sospect me, I did carry myself very fcirry 
and friendly to him, and, as. I said, I desired 
my brother to employ fai'», and let biro be of 
his counsel ; bat my brother refused, and told 
me be would have nothing to do with him ; for, 
said hey I bear an ill character of him. And 
the 10*; for tbe order is tbe money he speaks of. 

L. C. X Is that aU the money be leal you ? 

^eAr.YeY,thajtkasV. 



Justice Atkins. Mr. Reading, this I must say 
to you, your aspersiou of these persons with 
being eves-droppers, is no aspersion at all. For 
it was necessary for Mr. Bedlow to take this 
course, and it was prudent for him to make use 
of unsuspected persons to have it understood 
by the mouth of more than one witness what 
your practices were. For if he had not done 
it, and it bad been otherwise discovered, he had 
been in the same danger that you are in now. 

Reading. My lord, 1 have done. Since Mr 
Speke hath been pleased to give you an ac* 
countof this matter, I desire I may ask him 
one question : Whether be did not come to mt 
to be of the counsel with his brother ? 

X. C. J. He hath said so already. 

Reading. Did not you bring thi* gentleman, 
your brother, to my chamber? 

Soeke, Yes, I did. 

Reading. Did not you desire me to draw up 
his case ? 

Speke. Yes, I think I did. 

Reading. I spent most of a whole morning 
in it : Pray did I ever receive a peony of money 
of you ? 

Speke. No. I spoke to my brotlier to em- 
ploy you, but be said he liad heard an ill cha- 
racter of you, and he would have nothing to 
do with you. And you asked ten shillings for 
an order which I had before for 6$. and Hd. 

Reading. Here is thisgentieman, Mr. Hayes, 
who had heeu a clerk there, and knows it to 
be ten shillings every order. 

L. C.J. It is not at all pertinent to the busi- 
ness we ore upon. 

Reading. He hindered roe from receiving a 
lee from the other side, and 1 am twenty shillings 
out of pocket, and yet am thus treated for 
my kiodness. There were three orders I paid 
for. 

Speke. There were more concerned than my 
brother : You delivered hut one to me, I know- 
not how many you delivered to the rest. 

Wild. I am sorry you disgrace your profes- 
sion by making so weak a a defence. What say 
you to that which past on Saturday moroing at 
Mr. Bed low's ? 

Reading. Mr. Bedlow did desire me to go to 
the Lords in the Tower, to tell them lhat be was 
caUed^upon to give in his. evidence against them 
and that he c«u Id delay it no longer; and be 
bid me tell them, that is to say, wy lord Stafr 
font, my lord Powis, and my lord Petre, that 
if they did not assure him of a good reward, he 
would give in such an evidence against them aj 
should take away their live*, and he had wit- 
nesses to do it, as well as he himself; buj he 
btd me tell them, if they would give him a re- 
ward, he would put in such an evidence as 
would do them, no hurt at all - 

Justice Wild. This is directly against you, 
and within the words of the indictment ; *|is a 
contracting with him for a, reward to lessen bis 
evidence against the fouc lords. He told you, 
as you say, thus, and thus, and you agreed to 
da as be said. 

Doiken. You do speak the truth plainly tew. 



STATE TRIALS, 31 Charles II. 1679 Trial tfNathnneel Reading, [300 



fing. My lor d, I do say this, that what I 
d is true; in the presence of God I speak 
e lords do know this, and the Lord of 
doch know it, he proposed it first to me. 
ze Atkins. It is to no purpose to Calk 
'ou can prove it. 

. J. Call your witnesses, and w? will 
mi. Will the jury gire in their verdict 
ur bare assertion f We have heard you 
while ; if you will call any witnesses, do. 
r ames Builtr. My lord, I desire Mr. 
5 may be asked, whether 56 guineas 
>t brought by him to Mr. Bedlow, and 
him fur to lessen his evidence against 
ds. 

)w. I had sometimes two guineas, some- 
lire, but not any such great sum at once, 
>elieve more, at several times ; and he 
that he had order to supply me at any 
th what I waned. 

. J. Come, where are your witnesses, 
ading ? 

'ing. Here is Mr. Palmer, my lord, 
vas sworn.] My lord, I desire this gen- 
may give you an account what Mr. 
did say to mi concerning the borrow- 
any moneys upon- the Tuesday morning 
[ was clapped up : The 30th of March, 
e it, in the morning. 
:e Atkins, That was Sunday. 
ing. It was on Tuesday, my lords, the 
ore he received the 500/. I believe it 
first or second of April. My lord, this 
an was there in the room. 
er. My lord, Mr. Bedlow at that time 
inty shillings in his hand of his mother's, 
(aid : Mr. Reading came in, said he, 
ading, all my money is gone, and I have 
•e than this, and this I have borrowed 
toe her; with that Mr. Reading clapped 
d in his pocket, and gave bim two 
God-a-mercy, saith Mr. Bedlow, 
\ an honest man, and my chief foun- 

r. LevinM. When was this money deli- 

er. It was about three weeks ago. 

* Wild, But he tells you, you were to 

rap out of this fountain. 

J. He doth prove this (what nse you 

ie of it I know not,) That on Tuesday 

eeks ago, which we find to be the first 

I, he saw twenty shillings in Mr. Bed* 

ind, and he said, This is aU the money 

and you clapped your hand into your 

and gave him two guineas, and he 

od-a-mercy, you are my chief foun- 

;e Atkins, This was after you saw Mr. 
was for your turn. This makes against 

ing. I desire he may be asked, whe- 
bath not heard Mr. Bedlow confess that 
had money several times from me. 
J. Mr. Bedlow hath confessed it. 
\ng. I desire hiin to tell, whether Mr. 
did not confess, tbtt he dtd lay fuel 



behind the Palsgrafe-Head tavern to burn 
Westminster. 

Bedlow, I acknowledge it ; that was part of 
the treason I was guilty of, and for which the 
king pardoned me. 

Reading, I desire to ask Mr. Bed low's man 

♦one question ; Whether your master, when I 

went along with him to feich the privy-se al for 

the 500/., did not desire me to lend him money 

for the privy- seal ? 

Wiggins, He said he had no money about 
him, and asked you if you had any, and desir- 
ed you would lend* him some ; and then I said 
I bad some, and so he said no more. 

Reading. Was there any thing of the consi* 
deration spoken of? 

Wiggins, I do not know that, I could not 
hear it. He spoke it in the open court, where 
there were a great many by. 

Reading. I have several other witnesses, 
that will give you an accouut, that when he 
hath not had any money to pay a reckoning, 
he hath had it from me at several times ; and 
the very day when lie had got this money, the! 
500/., and it was laid upen the table in the 
room, in the tavern where he was, he did then 
desire me to let him have a guinea for to paj 
the reckoning ; and he would pay me in the 
afternoon. 

Bedlow. I do not deny it, but that I have 
received several sums of money, for he always 
told me, I must trouble nobody else wbeu I 
wanted money, but him. 

Justice Atkins. They who have to deal with 
men of such art as you are of, must use some 
art with you. 

Justice Wild. Did you ever promise to pay 
him back the money again ? 

Bedlow. No, my lord, but he was to have a 
hundred pounds a year out of every thousand 
pounds a year that I should have from them 
lords. 

Reading. My lord, I do here declare, that 
I never had any more from the lords in the 
Tower, than thus : I had from my lord Stafford 
six guineas, and I do not know I had one more; 
I bad never from ray lord Bellasis more than 
two guineas ; nor from my lord Petre than fire, 
and that was at the time when I carried liim 
the paper, which I will give your lordship an ac- 
count of, by and by. I never spoke to my lord 
Arundel, though I met him often ; nor wick 
my lord Powis, than upon this account : Mr. 
Bedlow did desire me to go and tell the lords 
in the Tower, That if they did well reward him, 
he would make the charge be had against them 
very easy. My lord, I did tell him, Tbia is an 
affair which I cannot in prudence deal in, for, 
said I, you are a designing man, and how you will 
deal with me afterwards I do nut know. Said 
he, It is in your power, Mr. Reading, by this 
that I have said, to do me a mischief, because 
if you do discover what I have said to you, you 
will be believed, but if I should offer this 
against you, I shall never be believed. And 
with all Uie imprecations in the world I do> 
curse myself, if I did directly or indirectly o£> 



Sol] STATE TRIALS, 31 Cubist IL 1619.— M a Trespass and Misdemeanor. [302 



fer to persaade him to diminish his evidence, 
bat he proposed it to me. But, said I, here i$ 
one Mr. Dugdale, and he may give evidence 
against my lord Stafford, though you do not, 
and what will you do as to him.? Believe me, 
said he, that I deal intireiy with you, by this 
token : Did not Dugdale come to y»u to desire 
too to draw up his evidence? And so he did, 
my lord, and told me he would be responsible 
for it. I told him I was unwilling to meddle 
with such an affair, but if he would come to 
my chamber I would give him what leisure I 
bad, in order to the drawing up of his evidence 
into a method ; but he never came. Mr. Bed- 
low told roe, said he, Believe me in all the rest 
by this token, have a care of him, he is set on 
purpose to ensnare you. Saith he, Tell from 
ne, he shall do him no harm, for he hathpro- 
s*j$ed to say nothing against my lord Stafford, 
bat what I will have him to say. I desire Mr. 
Bedlow will answer this upon his oath : Did I 
ever know one Nicholas Jordan till you ac- 
quainted me with him ? Had not he some es- 
tate it* Gloucestershire ? 

Beilos. Yes, my lord, I did tell Mr. Read- 
i«£ mat I would have such an estate settled 
opoD ne, of my lords, in Gloucestershire, and 
Im words to me were these : That he had or- 
der to draw blank deeds for the conveying of 
that estate, which my lord would sign in ten 
days after his discharge. 

Reading. He told me, that for the other 
witnesses, be would do well enough with them, 
and desired me to tell my lord Stafford, that he 
would do so and so, let him have but a reward; 
and believing of it, I went tonne Tower, I ask- 
ed my lord Stafford if he knew one Nicholas 
Jordan; he told me he did, he had been a 
tenant of some estate of his. Mr. Bedlow bid 
ue ask him, whether he should not have a pro- 
vision of money secured to him out of that 
farm. My lord, I told him I would acquaint 
b's lordship with it.' I did so, and my lord 
Stafford was pleased to tell me, that he would 
not ghre him sixpence ; that he did value him- 
self upon his own tnnocency, and the infamy of 
his accusers ; that if he should offer to give him 
aay thing, he should look upon it,as the greatest 
yart of his guilt. But, said he to me, Mr. Read- 
ing, this I most confess, you have been often 
with me, I am much indebted to you for fees 
for coming to me, if yon will but write a letter 
to me, that you are not able to attend my bu- 
sroesa, and neglect other men's, at this rate of 
being paid; and that therefore I should not 
take it ill that you do not come to me any more, 
unless you may have an assurance of being sa- 
tisfied and rewarded for it. And, saith he, 
thereupon I will write you this in answer, That 
I will give you the sum of 300/. to be paid to 
yra within ten days after my acquittal ; and, 
Ustbhe, I will sire yon this assurance too, that 
J0U shall have this 800/. secured to you, as soon 
w ever yon shall desire it. My lord, this being 
lie mm;, hut withal remember, saith he at the 
aune tune, I do here declare, and pray do no* 
U of remembering *h that I will sot, directly 



nor indirectly, promise Mr. Bedlow sixpence. 
I went to my lord Pimis, from whom I never 
saw sixpence in my life, and he did declare to 
me, that he woufd not for any thing in the 
world he guilty of the making him a promise of 
one sixpence (and this is certainly so); never- 
theless, if Mr. Bedlow will not go on to do me 
a mischief, as hitherto he hath done, and shall 
not go on to charge me unjustly, when I am 
acquitted, he shall find that I will do what shall 
he like a gentleman ; but 1 won't promise one 
farthing. 

L. C. J. You have said enough, Mr. Reading. 

Reading. My lord Petre said he would give 
never a farthing. 

Justice Wild. This is against yourself. 

Reading. I cannot help it, I did it to save 
innocent blood, God's will he done with mine, 
I think 1 was bound to do this, and I had sinned 
against God Almighty and my country if I had 
not done it. My lord, I did come back to Mr. 
Bedlow, and he did ask me if I had been with 
the lords in the Tower ; I did tell him, Yes ; 
and I did ask him whether there was any body 
in the bed by him. He asked me, What say 
the lords? I think I did tell him in very little 
different terms from what I have now told you, 
be it of what construction it will. And whereas 
he says, that there was a thousand pounds and 
writings to be drawn, I never opened my mouth 
to him of such a thing. 

L. C. J. What say you to the estate in 
Gloucestershire ? 

Reading. That was only to secure the 900/. 
to me, ' pro consilio impenso et impendendo.' 
My lord, when that was done, Mr. Bedlow was 
pleased to tell me, for 1 must confess, he did de- . 
*irc me to give him an account, and I did come 
very late, as Mr. Speke says. I was in his 
chamber about an hour; it seems it was that 
time that this gentleman, as he says, was there, 
hut Mr. Bedlow not being at home, I went 
away ; and being to give him an account next 
morning, it seems this gentleman was there 
also, for he hath sworn it ; when I cairie I gave 
him this account, and God knows it was no 
other ; nor did I ever hear talk of any deeds 
drawing. 

Speke. Did not you nay, that the deed was 
to be signed in ten days ? 

Reading. I did tell him, that my lord would 
give me a letter, wherein be would promise me 
to secure the payment of 200/. within ten days 
after his acquittal. 

Speke. I say what you said. You had orders 
to draw up a deed, from my lord of Stafford ; 
which my lord had promised faithfully to seal 
within ten days after be was discharged. 

Reading. It was only a deed for 200/. to be 
paid to me ' pro consilio impenso et impen- 
• dendo ;' and to be secured upon that estate 
in Gloucestershire. 

Speke. Nay, I do not know ; I heard no 
Latin there. 

L. C. J. But what is that to Mr. Bedlow r 

Justice Wild. Why should yon discourse 
. with Mr. Bedlow about your pension? 



103} STATE TRIALS, 31 Charles II. 1C70.— Trial tf Nathanael Reading, [9o4 



Reading. My lord Stafford did say, When 
you have the money, the 200/. do you dispose 
ef it as you think fit. 

L. C. /. This is nothing to the purpose, but 
-an endeavour, by multiplicity of words, to mate 
us forget what has been sworn. Answer the 
matter of the paper w hereby the evidence was 
lessened. 

Reading. My lord, upon this Mr. Bedlow 
was pleased to tell me thus in answer: That he 
would take their lordships' words; and bid me 
go along with him, and he would go fetch that 
evidence that he had, and would put in such 
and such evidence, I should write, and he should 
dictate. I went along with him to York-build- 
ings, where he said his mother lay : and there 
he said he had left his papers; but when he 
eame there, they were not there, but he told 
me his memory should serve; and we went 
back to die chamber. And, my lord, it seems 
these geutlemen were there before, and Mr 
Bedlow sent them away ; and when they were 
gone, we went into a room together, where be 
did dictate to me every syllable I wrote.. And 
when he had dictated, and I had writ it, I read 
it, and he read it again himself. And having 
perused it, he said, Tins is that which, I think, 
is kind to them; and this is that I can come off 
with well enough in saying it ; for I can make 
it out afterwards, that it was by hearsay. And 
this, saith he, do you take along with you, and 
carry it to the lords, and let me have their an- 
swer. And this is that very paper that I did 
write in Mr. Bed low's chamber uy his direc- 
tions, and dictated from his mouth. 

Justice Atkins. And you did carry it to the 
lords ? 

Reading. Yes, I did. And, my lord, when 
I had done this, I did ask him this question (I 
did not direct him any one syllable ; but as he 
dictated, so 1 wrote)': what he had to say 
again &t my lord Bellasis, and my lord Arundel? 
He toM me, that though he was resolved to be 
kind » to those lords, yet he was resolved the 
other should d;e. And he told fne, That \he 
4,000/. and the 1,500/. that was to be paid to 
•ir Qeorqe Wakeman, was to be paid by my 
lord Bellasis. And, my lord, I began to write, 
smd did write nve or six lines here in* this 
paper, and then left off. My lord, when I had 
done this, I went to the Tower the first oppor- 
tunity; I did come to my lord Stafford, and I 
§ hewed him this. He told me, That he did 
find that Mr. Bedlow would now begin to be 
mo honest man. My lord, afterwards I went 
t* my lord Petre, and shewed it to him ; and 
be did, at that time, mv lord, give me 6v* 
guineas} and before that 1 never saw a penny 
ef his moaey m my life. I went to my lord 
Powie, and when 1 came, I found sir Henry 
Tichbum in the chamber ; nnd it being late at 
nighty and it being parliament-time, and 1 hav- 
iejg persons that staid lor me, I eld desire to 
oe excused : though sir Henry was pleased to 
vfsifc opt up©* tee leads, leaving my lord and 
sne together, yet did not I shew him any one 
syllable el lias paper, ae* did I tw/ any firing 



to him concerning it. My lord, I think it was 
upon the Monday morning that I came to Mr. 
Bed low's : be was not within ; I then came to 
the Painted Chamber, and I was going up to 
the House of Lords, and Mr. Bedlow inetjne 
in the Court of Requests, or the Painted 
Chamber, one of them, and this gentleman * 
was with him. And there he asked me for a 
paper : I had writ it out before, and it is this 
very paper that is now with Mr. Clare. He 
did desire me, after I had been with the Lords 9 
to deliver a copy of this to them to write it out: 
and I did so; and this is writ in the third per- 
son, the other was writ iu the first person ; and, 
I think, there is no other alteration in it. My 
lord, that which I did deliver to this gentlemen 
Mr. Bedlow, before Mr. Speke, was in the first 
person, the other was in the third. What they/ 
did with it afterwards, I cannot tell. My \oi,\ 
after this the 500/. was received, and be pro- 
mised to pay me all the neit morning, and 
prayed me that 1 would come to his chamber. 
But when I came I missed of him. His clerk 
told me, he was gone abroad. I came here to 
Westminster; and when I came there, I went 
up to the Speaker's chamber, to speak with 
my clients there : but when I came up, the 
door was fastened, and I was arrested. My 
lord, I have done; and let it be with me, or 
against me, this is what 1 snid to the Com-' 
mittee of Secrecy; and I speak to yoor lord- 
ship under the greatest tie and obligation to 
speak truth, in the world, that this is al! I 
know. And whereas Mr. Bedlow did t& your 
lordship, that this wriring that I have drawn 
was not as he directed, but that I had carried 
it to the lords, and their lordships did correct 
it, and I brought it back again; that I did 
bring him another paper : that very copy wbieb 
I writ our, in the chamber^ in the third per- 
son, I have ,' and this that it produced against 
mo, is the first person, and t desire your lord- 
ships to look upon k 9 and judge whether there 
be any correction, more than the alteration of 
the person. 

[Then both die Papers were shewn td Mr. 
Bedlow.l 

Bedlcm. Yoor lordships may see both the** 
papers are fair written, wit hoot interlining ; belt 
there were above forty interhneations in trra* 
paper that was written in my chamber. 

L. C. J. This agrees with whet yoe said be- 
fore, that when yon did put in any thing that 
was home, he would correct it, and svy r etfie> 
is treason, end this will charge them ; and so 
mended it. And it was natnraf there should 
be two papers: that which- was to be kept for* 
the Lords, was in the third person, in^ortrnfk 
that he saith so and so ; aad the other wee ii* 
the first person*, which was- to be fcept by Mr. 
Bedlow, for the helping of his memory, t he*tn# 
so and so * that be might know how ro e tom reeT 
his cent fact. But what say yon to this, tbsrtf the* 
first paper was, as Mr. Bedlow says, corv*eot^ 
ed, aad had many mterfhreetrttna, and eaotttvtv 
therefore, be tbe same with that yo* produced 



*Q»j STATE TRIALS, 3) Charles D. \m.—Jor a Trtepojs m>d Mitdanemnor. [80* 



Mt*ding . My levd* I hear it; I have but 
. is thing to answer, let it avail me any thing 
or nothing. I speak it in the presence of God, 
(pcay fevoor me) this paper is the very paper 
tout I did write out ; there is no other inter- 
lioeajriofi ia it than what yon see. It never 
went oat of my hand, from the time of my 
writing it in Mr. Bedlow's chamber, till the 
time that I shewed it them in the Tower, and 
I did deliver it to Mr. Sacheverel. 

Justice Wild. Ay, but there was another 
paper, there was a paper corrected according 
to yonr intention ; and then you caused this 
paper to be wrote oat, and it was never seen 



Reading. No other, upon my word. 
Jostle* Wild. But he swears it, and it is ob- 

to the least understanding here. ' 

Reading. My lord, I bare only this to say, 
That k is not true. 

L. C- J- But it is very probable, and it is 
s wo rn to bo true, 
Regdine;. I can only say, It is not tree. 
Justice Wild. 1 have one thing to say to yon : 
with whet colour could you justify what you did 
to carry the king's evidence to the prisoners, if 
it ware oo more than that ? 

Reading. I have but this answer for that, I 
Si not know it was a crime. 

Jestke Wild. There is no mean capacity but 
what knows that it is a crime. 

Reading. I did look upon it as a crime if I 
had not done it, and ' Conscientia erraot ligat,' 
it wet • point of conscience to me to do it. I 
dW think its duty I owed to God, to prevent 
perjury ; nod a duty I owed to my country, to 
prevent innocent blood. 

L. C. J. Will you impeach the justice of the 

kingdom in that manner? You are a man of the 

law, don't you know, that no man ought to be 

of counsel for a prisoner in felony or treason, 

Cul they arc assigned? And for you to carry the 

king's evidence to the prisoner, as you yourself 

bow can you excuse it ? And here are 

that heard you contract with him to 

his evidence, and cui bono f Was not 

this out of favour to the lords in the Tower, to 

get them off ? Now you by multiplying your 

dtscemrse, instead of vindicating yourself have 

spoiled the matter, and confessed that which 

•mottoes to the whole charge. 

Joatice^l/ciRr. And you confess you -were to 
have, two hundred pounds from my Lord Staf- 
ford, which you were to distribute as you thought 
*t? 

Justice Jones. And you have confessed, Mr. 
Heading, that nqt only you have endeavoured 
to take off Mr. fiedlow, but Mr. Dugdale too ; 
for it was you first started that point. 

Reading. My Lord, I have no more. I did 
never desire him to. speak one word less than 
the troth; hot I did my endeavour to prevent 
aerjury, and the shedding of innocent blood; 
•ad ifais I did as n good christian. My Lord 
I did desire also to shew you this paper, but 
Jta *m pleated to -over-rule it, that it should 
mbemd. 
vox. YJI. 



L. C. J. We think it not material ; we over- 
rule it not, but by way of admittance that yon 
say true. y * 

Reading. Pray, will you see, is there any va- 
riance between the two papers ? 

L. C. J. There is ouly the addition of the 
words concerning my lord Bellasis, and that 
was to strike terror in him, to make him come 
into the bargain too. 

Reading. 'J desire Mr. Bedlow would look 
upon this paper also ; is this your writing, Sir ? 
Bedlow. Yes, it is. 

Reading. Since your giving roe this paper 
in your chamber, have you ever seen it till to* 
day? 
Bedlow. No, I have not. 
Reading. Then, my Lord, I pray this ; there 
is one Prickman a merchant in town that is 
broke, he wrote to me for a protection, and I 
desired Mr. Bedlow that he would help him to 
a protection ; he said he would, and spoke to 
the prince, and others of the lords, but could 
not get one, for I called upon him to know his 
answer ; but withal, told me, he had a better 
contrivance than any protection could be given 
him from a single lord, and that is this, that he 
would say, he was one of his witnesses, and that 
upon that account he would get him a protec- 
tion from the committee of secrecy, and they 
would believe whatever he said to them. I told 
him I did not know of what signification that 
might be to my friend ; he tola me, yes, for he 
had given it to several already. I asked him, 
how he could justify it, if it were 1 questioned! 
Oh, said he, let him say any thing, that he hath 
heard some body or other, in a coffee-house, call 
me rogue. My Lord, I never saw Mr. Prick- 
man since ; but saith, here, I will give you this 
business for the protecting of him; and he 
under- writ this, as from Mr. Treby ; ' Pray, do 
not fail to come to me every hour, to receive 
what orders the committee shall send to you by 
me, that we may not neglect his majesty's spe- 
cial business ; and if you do receive any let or 
hindrance, by any person whatsoever, send to 
me, and I will cause those people to be so se- 
verely punished, as so great a contempt does 
merit/ This was, my Lord, before my treat- 
ing with the lords, m time, the 25th of March. 
My Lord, when I did find he had got such 
tricks and ways, I did apprehend and resolve 
(pray give me your » favour in the expression) 
not to do any prejudice to the king's evidence ; 
for my Lord, I do think he is not an evidence 
for the king, that does go about, by any indi- 
rect means, to commit a crime. But, my Lord, 
I think he is a servant to the nation and does 
a very good piece of service to the king, that 
goes about the taking away the guilt of innocent 
blood. 

X. C. J. Indeed, Mr. Reading, we must not 
suffer this : I told you before, that by such dis- 
course you impeached the justice of the king- 
dom. If you had suspected Mr. Bedlow's ho- 
nesty or truth, you should have gone to the 
king or council, or the secret committee {they 
are men of honour, and would hove been as 
X 



SOT] STATE TRIALS, 31 Ouiilei U. 1619.— Trial cf Nathanael Reading, [90S 



tender of mens lives, as you or an^r other man, 
but for you to do it of yourself, in this way, 
shews it' is but for a plausible eicuse to colour 
your, corrupt dealing. 

Bedlow. This protection was given us by the 
secret committee, for Mr. Prickman. 

L. C. J. It does not appear but that Prick- 
man might be a witness. 

Reading. My Lord, I have but this, and I 
have done. At the time when I was taken, I 
have several witnesses to prove it, that I was 
raaolved to give his majesty, or the secretaries, 
an account of it ; and I did ask Mr. Bed low 
for an account he had given against the queen ; 
and I had the paper by me, at the same time 
when I was taken : and I have several witnesses 
ay me, to prove that at that tim e 

X. C. J. Mr. Reading, this is nothing to the 
purpose ; will you have done? unless you can 
speak to the fact you are charged with. The 
Court hath had a great deal of patience with 
you already. 

"Reading. I have done, my Lord. 

X/C f. Gentlemen of the jury, your pa- 
tience hath been very much exercised already 
by the long discourses Mr. Reading hath made; 
I shall therefore be short in ray directions. He 
' stands indicted for suborning Mr. Bedlow, in 
the evidence that he was to give, concerning the 
Lords fn the Tower, that were impeached of 
treason by the House of Commons and Sir 
Henry Tichburn. This is the substance of the 
Indictment. There is an inducement in it con- 
cerning this horrid conspiracy, and the persons 
that have been executed for it, Coleman, Grove, 
and Ireland ; but as to that, it is admitted by 
Mr. Reacting, and ic lies so much in every one's 
knowledge, that it should hardly need to be 
proved. So then the question remains only a 
question of fact, .concerning subornation of per- 
jury; which hath been fully proved to you, not 
only by Mr. Bedlow, who hath related the 
whole transaction, but also by Mr. Speke, who 
tells you that Mr. Bedlow did inform him how 
it went from time to time: and thereupon, to 
make the matter plain, and to suppress so abo- 
minable a practice, it was thought there was no 
better way to discover this deed of darkness, 
and to catch a knave, but to bring him into a 
secret place where he might speak freely, think- 
ing there were no witnesses to testify against 
him ; which was intended to have been done the 
evening of the 88th of March, which was Friday. 
But Mr. Reading and Mr. Bedlow not then 
meeting, the next morning at seven o'clock was 
appointed, when Mr. Reading did come and 
asked if nobody were there ; of which being 
assured, he thought himself secure and secret. 
Then Mr. Bedlow asked him, what say the 
Lords in the Tower? What says my lord 
Stafford? Mr. Reading told him, that as to 
my lord Stafford, he should be sure of the 
estate in Gloucestershire, for my lord Stafford 
had ordered him to prepare a blank deed, 
whicfi, within ten days after his discharge, 
should be perfected. And the rest of the 
lerds did assure hira, Thai after tbey were ac- 



quitted in proportion to the service ha did them, 
in lessening of his evidence, he should have a 
very plentiful reward. Thereupon, there arose 
farther discourse. Saitb Mr. Bedlow, I will 
not rely upon their promise, I will have some- 
thing uuder their hands. No, saith Mr. Read- 
ing, that they think not convenient. Saith 
Mr. Bedlow, I must go and deliver in my tes- 
timony to the secret committee immediately, 
and therefore, Mr. Reading, the writing must 
be made presently, or nothing can be done. 
Why, saith Mr. Reading, cannot you put it off 
till Wednesday ? No, I cannot, says he. Well 
then, said Mr. Reading, 1 will go speak with 
the lords itf the Tower, and I will bring you 
their answer, and be with you on Monday 
morning. Afterwards when they went oat of 
the boose, Mr. Speke, and the other witness', 
came from the places where they were privately 
put, and they saw Mr. Reading going out. Mr. 
Heading and Mr. Bedlow, within half an hour, 
came back again to the house, and were pri- 
vate together. Upon Monday morning, Mr. 
Speke was to watch, and sec the delivery of 
this paper, and he gives you a very rational - 
and distinct account, (and he is not a man that 
the prisoner can any way impeach in his credit) 
he tells you, He saw him deliver the paper out 
of his hand to Mr. Bedlow, and Mr. Bedlow 
put it towards his pocket, but afterwards put it 
behind him, and he followed him, and took it out 
of his hand. And this paper is here, which 
contains the purport of the evidence to be 
given against the Lords in the Tower ; but so 
minced, that it is ail but hearsay, and nothing 
will touch them, as to the matters for which 
they are charged s Here you have the paper 
under his own hand- 
Now he comes to make his defence ; and 
what hath he done ? He hath made a very Ions; 
discourse, but no defence at all to the matter 
of the indictment. He says nothing against 
the credit of the witnesses, but hath confessed, 
in effect, the whole matter that be was charged 
with ; for what hath he to do, to carry the 
evidence to the lords in the Tower, and to go 
from one to another, to tell them thus and 
thus, and to receive promises from them of 
rewards, either in general or particular r He 
hath made confession of the whole of his 
charge in the Indictment; and without it, 
there is such undoubted testimony, nothing 
impeaching the witnesses, that I shall need te> 
trouble you no further. Do you go together, 
and consider 6f it, and we will receive your 
verdict. 

L. C. Baron. Gentlemen of the jury, it 
hath been so fully repeated by my Lord, that I 
shall not need to do any thing of that; but 
there is one little piece of the evidence, which 
I desire you wouia take notice of: Mr. Bed- 
low says, the paper given him upon Monday* 
in the Painted Chaml>er, which he catfied be* 
hind him, and Mr. Speke took away, and which 
Mr. Reading brought him from the lords, did 
contain ten times much milder evidence thai* 
the paper dictated by him on the Saturday* 



309) STATE TRIALS, 31 Charles II. 1679.— /or a Trespass and Misdemeanor. [510 

and that paper was forty times less than that 
which be Dad given io to the secret Committee. 

Just. Wild. [To sir John Culler.] Sir John, 
What paper is that you have in youf hand ? 

Sir Mm Cutler, It is only the names of 
the jury, my Lord. 

Z. C. J. Yon do well to take the names of 
the jury with yon, if you withdraw, that you 
may know * one another : But I suppose you 
will not he long Out. 

Just. Wild. I spoke it, because you are to 
have no papers with you> but what are under 



Then the jory withdrew, and after a short 
r ecess , return again to the bar, and being called 
by their names, severally answered. 

CI. cf the Cr. Gentlemen, are you all 
speed of yoar verdict ? 

Ofcsaes. Yes. 

Ci. cf the Cr. Who shall say for you r 

Gamer. Our foreman. 

CL cf the Cr. How say you* is Nathanael 
Reading Guilty of the offence whereof he stands 
indicted, nr Not Guilty ? 

Foremen. Guilty. 

CI cf the Cr. This is four verdict ; you 
say, that Nathanael Reading is Guilty of the 
enence whereof he stands indicted, and so you 
sajall? 

Just. Wild. It is a very good verdict 

L. C. J. It is a very good verdict, the mat- 
ter lay in a small room, and I wonder how Mr. 
Keadjog could make it so long. 

Just. Atkins, He was the greatest witness 
against himself. 

L. C. J. You of the jury may take your ease. 

Then the court adjourned till two of the 
dock, being then half an hour past one. 

About half an hour after, the court returned 
again ; and proclamation being made for at- 
tendance, the Lord Chief Justice spoke to the 
prisoner convicted then standing at the bar, 



JL C J. Mr. Beading, von have been here 
upon your trial to-day, and yon are convicted 
of sv very great and heinous crime ; there re- 
mains nothing now, but to receive the judgment 
of the law : and the rale of law is, that in all 
the court should consider ' quantitation 
et quafitatem persona,' and accordingly 
nee their judgment. 
As to the quantity of the offence, you your- 
?lfdid admit in the beginning of your defence 
let it was not capable of aggravation, but look* 
rather like treason than a misdemeanour; and 
» I shall not speak to that, for any flourishes 
vaajrf hut sound in diminution of it. 

Then we h»ve nothing to consider, but the 
pshtjoftbe person ; and of that there might 

JtTfreat deJ ***<*> > f ? c 27?" TOOr JP eraon 
Htfifrver, oh* that should be anian ofknow- 
k«t7be able to advise, a minister of jus- 
™"*Mt the court wherein be pleads ; and 



ought to be a person of untainted fidelity, that 
he may keep his client's secrets; and for a 
lawyer to be convicted for such an offence, is 
that which aggravates it beyond all expression, 
and I think we can do no less to evidence the 
care we have of the king's people, than .to shew 
that there shall be greater severity used against 
such persons offending ; and it is a great credit 
and benefit to the profession, that the members 
of it for such offences shall be dealt with more 
severely, than we should deal in any other 
case : so far will we be from lessening it in this 
respect. For I would have no man of the pro* 
fession of the law, that should do thus, be able 
afterwards to draw people to him to trust him 
with their business; but his offence should be 
publicly known to all the world, that men 
might know him, and not employ him. In 
one sense, it is true, he may be trusted with a 
secret, by the same reason that a known War 
may be, because his word is never to be, be* 
lieved. 

There is another thing that we regard ia 
your person too ; if you were a man ota great 
fortune, or a large estate, I do not see but we 
should set that, which might be called a Ran* 
som, rather than a fine, in this case ; bat it' 
not being so, we have taken it into our consi- 
deration to do it with measure ; but we will 
supply that defect, by a punishment of another 
nature, according to the old saying, * qui noa 
habet in crumena luat in cornore/ 

Therefore the judgment of the court is this, 
" That you be fined 1,000/. that you be impri- 
soned for the space of one year; and that upon 
Monday next, between the hours of eleven and 
twelve, you beset in the pillory, for the space 
of one hour, in Palace-yard in Westminster. 

And I will tell you, your offence is so great 
and hath such a relation to that which the 
whole nation is concerned in, because it was an 
attempt to baffle the evidence of that conspi- 
racy, which if it bad not been, by the mercy of 
God, detected, God knows what might have 
befallen us all by this time ; and still the parlia- 
ment have it under their consideration, how to 
prevent any further mischief by it ; and for 
you, in such a way as this, to do what yoa can 
to suppress the evidence, is such a crime, that 
we have reason to suspect, that the rage of the 
people will be so great against you, that it 
might endanger your life. Therefore we have 
taken care to give a charge to the sheriff, and 
the justices, that the peace might be kept, and 
that no ill consequences may happen to you, but 
only the shame and infamy, to which you are 
condemned ; and which you do deserve as well 
as any man that ever was convicted. 

Then the Court adjourned to Hicks's hall, 
upon Wednesday the 30th of April : and the 
keeper went away with bis prisoner. 

On the Monday following, the prisoner was 
set iu the pillory, according to the Judgment of 
the court. 



31 1] STATE TRIALS, 31 Chamas H. 1670.-- JWsl tf I^onwu Whitehead, [Mt 



251, The Trial of Thomas Whits, alias Whitebread*, Provincial 
of the Jesuits in England, William Harcourt, pretended 
Rector of London, John Fen wick, Procurator for the Jesuits 
in England, John Gavan alias Gawen, and Anthony Tur- 
ner,! all Jesuits and Priests, at the Old Bailey, for High- 
Treason: 31 Charles II. a. d. 1679. 



ON Friday the 13th of June, 16T9, at the ses- 
sions- honse in the Old Bailey, the Court being 
net, at which all the judges of England were 
present; proclamation was made of silence and 
attention whilst the king's commission of Oyer 
and Terminer, and of guol delivery were openly 
read ; and after die usual proclamation of at- 
tendance upon the sessions, the court proceeded 
to call the juries impannelled, and to the trials of 
the prisoners, thus : 

Clerk of the Crown. Set Thomas Whitebread, 
John Fenwirk, William Harcoort^ John Gavan, 
Anthony Turner and James Corker, to the bar. 

Capt. Richardson. They are all on. 

CI. of the Cr. Thomas White, alias White- 
bread, hold up thy hand ; John Fen wick, hold 
op thy band ; William Harcourt, alias Harri- 
son, bold npthy hand ; "John Gavan, holdup 
thy hand ; Anthony Turner, hold up thy hand ; 
James Corker, bold up thy band ; which they 
all severally did. 

And James Corker presented a Petition to the 
Court, to this effect : 

u That about eight months since, the peti- 
tioner was committed for refusing to take the 
oaths of allegiance and supremacy ; that he had 
lately received notice to prepare himself for his 
trial, against this present day, but that the same 
was afterwards contradicted ; and that yester- 
day a gentleman informed mm from the Attor- 
ney General, that a bill was found against him 
•f high- treason, and that be was to prepare 
himself for bis trial thereupon accordingly; 
end forasmuch as tbe petitioner is altogether 
ignorant of the matters charged upon him in 
the same, and by reason thereof is absolutely 
surprised, and unprepared for his defence, and 
divers gaol delivenes having been held since his 
first commitment, and be never called to his 
trial ; be doth humbly beseech their honours, 
that be may not be tried till the next sessions, 
•nd that in tbe mean time he may have copies 
of such informations as are given in against 



Lord Chief Justice. (Sir William Scroggs.) 
Mr. Corker, have you really any witnesses, 
without whom you cannot make your defence ? 

Corker. No, my lord, I have none. 

L. C. J. You do not understand my ques- 
tion ? Do not you want any witnesses now, 
that yon may have smother time ? 



*Mh- 



* See ante, p. 190. 

t See Introduction to theTrmls for the Popish 
Plot, ante, vol. 6, p. 1401. 



Corker. I am a stranger to tbe things char* 
ged upon me. 

L. C. J. Can you not tell, whether yon 
have any witnesses or no ? Tbe matter is this, 
both for you and all the rest of you, that there 
may be no exception ; you are upon tbe trial 
of your lives, and we upon our oaths, and 
therefore I speak it, if so he you have any wit* 
nesses because you pretend you are surprised, 
if you have really any, whereby you can make 
a better defence for yourselves than now, the 
court will incline to your request ; but if yon 
have not, then it is in vain to tarry. 

Corker. My Lord, I verily believe I shall 
have witnesses. 

L. C. J. As for the copy of the Indictment, 
it is never granted to any persons, and there- 
fore must not be to yon. 

L. C. J. North. You must give us clear saw - 
tisfaction, tbat yon are real in your pretences ; 
and must give us the names of your witnesses, 
wbere they live, and let us kuow what they can 
say for you, tbat we may he satisfied, for sock 
a general allegation as this, any man living 
may make. 

Recorder. (Sir George Jefferies) Ue was 
one of the ten that was appointed by the coun- 
cil to be tried. 

L. C. J. Why, you had notice a week age? 

Corker. But it was contradicted the next 
day. 

Cant. Richardson. I heard Mr. Clare say 
that he should be tried then. 

Attorney General. (Sir William Jones.) He) 
had notice together with the rest, but be was 
not in tbe first order of council for the trial of 
these persons ; he sent to the clerk to know who 
were to be tried, and his name was left out 5 
and so understood he was not to be tried. Ota 
Tuesday last I moved tbat be might he am?" 
into tbe order, and so be was, and now there im 
an order of council for it ; but he bad notice ss 
week ago, as well as the rest. 

Capt. Richardson. I gave them notice that 
all were to prepare for their trial as this <rajr» 
and in order to that, 1 went fee the council, to seat 
what order was taken about it, and the cleric 
shewed me their names, amongst which Corker 
was left out ; and I told him Corker had notice* 
of trial, and therefore I desired I might liavaa 
an order for him too ; they told me, that these* 
ivasno order taken about him. 

Alt. Gem. My Lord, I would have all thai 

gentlemen have aU the fair pky in the workd 5 

therefore if be can satisfy your lordship, tbasr 

(he can have any witnesses that he bath not 



r, I asn content the trial should stay to ano- 
ther time. 

L. C.J. Yen slian hear tbe Infcunent read, 
tad then 700 will knew what sort of treated k 
is job are charged with, and after that yon will 
make jour answer whether you hare any wit- 



Recorder. My lard, it will be necessary that I 
pre yow'tordship an account of one thing. On 
Saturday night tnere came a gentlewoman to 
me, 00 the behalf of all tbe prisoners, and said 
(here were some witnesses that she was uoder 
spyich enaionwould not appear for the prisoners, 
usisss they had some order ; her name she told 
sse, was Ireland, and she came in the name of 
sH the prisoners, she said. I told ber, if she 
woald bring me a note of the witnesses names 
they did desire, they shoald have all the assist- 
ance the coon could give them for the getting 
of their witnesses this day ; but since that time 
I never heard of the gentlewoman, or from the 



SIS] STATE TItlAl* SI Cuius IL l670«~4Mi othm, fit JZfeft JWawa. fpl4 

lord king Charles the Sad, at the parish ef ftt. 
Qilesin the fields, in the county of Middlesex 
aforesaid ; Yoo the said Thomas White other* 
wise Wbitebread, John Fenwick, William Har- 
court otherwise Harrison, John Gavan, An- 
thony Turner, and James Corker, with diver* 
other false traitors, subjects of our said sove- 
reign lord the king, to the jurors unknown, isJ*» 
ly, subtilJy, advisedly, maliciously, and trsito* 
rootly, did purpose, compass, imagine, and in- 
tend sedition and rebellion within this kingdom 
of England to move, stir up, and procure, and n 
miserable slaughter among the subjects of oar 
said sovereign lord the king to procure an*) 
cause, and our said sovereign, lord the king, of 
hit kingly state, title, power, and government of 
his said kingdom of England, utterly to deprive, 
depose, cast down and disinherit, and him one 
said sovereign lord the king to death and final 
destruction to bring and put, and the govern- 
ment of this kingdom of England, and the 
sincere religion of God within the same, rightly, 
and by the laws of the same established at 
your will and pleasure to change and alter, and 
the state of this whole kingdom of England, 
through all its parts, well instituted and or- 
dained, wholly to subvert and destroy, and 
war, within this kingdom of England, against 
oar said sovereign lord the king, to levy : And 
to accomplish and fulfil your said most wicked 
treasons and traiterous imaginations and par- 
poses, you tbe said Thomas White otherwise 
Wbitebread, John Fenwick, William Harcoort 
otherwise Harrison, John Oavan, Anthony Tur- 
ner, and James Corker, and other false traitof* 
against oar said sovereign lord the king, to the 
jurors unknown, the said *4tb day a( April, 
with force and arms, 61c. in the parish aferesaid, 
and county aforesaid, falsly, maliciously, saw* • 
tilly, advisedly, devilishly, and traitorously, did 
assemble, unite, and gather yourselves together, 
and then and there, ral»lj,rnahciously, subtitle, 
advisedly, devilishly and traitorously, did eon- 
suit, consent and agree, our said sovereign lord 
the king to death and final destruction to bring 
and put, and the religion of this kingdom of 
England rightly, and by the laws of the same 
established, to die superstition of the Kentish 
church to change nod alter, and the government 
of this kingdom of England to subvert $ and 
that one Thomas Pickering, and one John 
Grove should kill and murder our said sove- 
reign lord the king ; and that von tbe said 
Thomas White otherwise Wbitebread, John 
Fenwick, William Harcoart otherwise Harrisoo, 
John Gavan, Anthony Turner, James Corker, 
and other fiilse traitors against our said sore- 
reign lord the king, to the jurors unknown, 
should therefore say, celebrate, and perform, a 
certain number of . masses, -then and there 
asnonvst yourselves agreed on, for the soul of 
die satd Thomas Piekering, and for that causa 
should pay to the said John Grove a certain' 
sum of money, then and there amongst your- 
selves agreed on ; and that you the said Tho- 
mas White otherwise White bread, John sren— 
wick, William Harcoart otherwise Harrison, 



L. C. J. Mr. Corker : you will do well to 
take notice what you are charged withal, and 
nft s a w ards tell as, if there are any witnesses 
that can say any thing for your defence, at 
jour nisi for those mat ten. 

CLefCr. " You stand indicted by tbe names 
of Thomas White in the parish of St. Giles in 
the fields io the county of Middlesex, clerk, 
otherwise called Thorn as Wbitebread of the same 
parish and county, clerk ; John Fenwick of tbe 
same parish and county, clerk, Wm. Harcourt 
of the same parish and county, clerk, otherwise 
called "William Harrison of the same parish and 
county, clerk ; John Gavan of the same parish 
and county, clerk ; Anthony Turner of the same 
parish and county, clerk ; and James Corker 
of the same parish and county, clerk : For that 
yoa, as false traitors against the most illustrious, 
most serene, and most excellent prince Charles 
the 3d, by the grace of God, of England Scot- 
land, France, and Ireland, king, defender of the 
Faith, te. j our supreme and natural lord ; 
not baron* the fear or God in your hearts, nor 
wes g h iug the duty of your allegiance, but being 
ssoved and seduced by tbe instigation of tbe 
devil, the cordial love, true due and natural 
obedience, which true and faithful subjects of 
ear said sovereign lord the king towards him 
should, and of right ought to bear, wholly 
withdrawing ; and devising, and with all yoar 
strength intending the peace and common tran- 
<joiHitf of this realm to disturb, and the true 
worship of God within this kingdom of Eng- 
land seed, and by the law established, to over- 
throw, and the government of this realm to sub- 
vert, and sedition and rebellion within this king- 
dom of England to move, stir up and procure ; 
and tbe cordial lore, and true and due obedi- 
ence, which tree and faithful subjects of our 
laid sovereign lord tbe king towards hhn should 
sod of right ought to bear, utterly to withdraw, 

a out, and extinguish, and our said sovereign 
due king to death and €nal destruction to 
bring and pot, on the 24th day of ApriJ, in the 
aUnyrar of the reign -of our said sovcrejgrj 



SU] STATE TRIALS, 31 Chmmlbm It 16?0.~-ft»JLqf Thomas Whitehead, [5M 



John Gatan, Anthony Turner, and Jama Cor- 
ker, and other false traitors to the jurors un- 
known, in further prosecution of the treasons 
and traiterous consultations and agreements 
aforesaid, afterwards' the said 24th day of April 
at the parish aforesaid, in the county aforesaid, 
ialsly, subtilly, advisedly, maliciously, devilish- 
ly, and traitorously, did, severally each to the 
other engage yourselves, and upon the sacra- 
meat traitorously swear and promise to conceal 
and not to divulge the said most wicked trea- 
sons, and traiterous compassings, consultations, 
and purposes aforesaid amongst yourselves had, 
traitorously, to kill and murder our said sove- 
reign lord the king, and to introduce thettomish 
religion within this kingdom of England, and 
the. true reformed religion within this realm, 
rightly, and by the laws of the same established 
to alter and change: And that you the said 
Thomas White otherwise Whitehead, John 
Fen wick, William Harcourt alias Harrison, John 
Gavau. Anthony Turner, and James Corker, 
and other false traitors to the jurors unknown, 
in further prosecution of your said treasons 
and traiterous intentions and agreements afore- 
said, afterwards the said 24th day of April, at 
the parish aforesaid, in the county aforesaid, 
ialsly, subtilly, advisedly, maliciously* devilishly, 
and traitorously, did prepare, persuade, excite, 
abel, comfort, and counsel, four other persons 
to the jurors unknown, subjects of our said so* 
vereigo lord the king, traitorously our said so- 
vereign lord the king to kill and murder, against 
the duty of your allegiance, against the peace 
of our sovereign lord the king, his crown and 
dignity, and against the form of the statute in 
that case made and provided." 

How sayest thou, Thomas White alias White- 
bread, art thou guilty of this High-Treason 
whereof thou standest indicted, or not guilty? 

WkUebrtad. My Lord, I desire te speak 
ona word ; I am advised by counsel, and I may 
and ought to represent it to this court,* for not 
only my own life, but the lives of others of his 
majesty's subjects are concerned in it. That 
upon the 17th of December last I was tried 
upon the same indictment, the Jury was impan- 
nelled and called, I put myself .into the hands 
of the Jury, and the evidence was brought in 
and examined, particularly against me, and was 
found insufficient, so that the Jury was dismis- 
sed without any verdict. * I humbly submit 
myself jo your lordships and this noble court, 
whether I may not have counsel in this point 
of law, to advise me, whether 1 may and ought 
to plead again the second time ; for according 
to law, I am informed no man can be pot in 
jeopardy of bis life the second time, for the same 
cause* 

Is C.J. You say weU, Mr. Wnitobread. 

WhUebrttd. I speak it not for my sake only, 
but the sake of the whole nation no man should 
be tried twice for the same cause ; by the same 
reason, a man may be tried 30 or 100 times. 

JL C. J. You say well, it is observed, Mr. 

• See snte, p, 190. 



Whitcbread ; but .you must know, that you 
were not put in jeopardy of your life for the 
same thing, for first the jury were discharged 
of you ; it is true, it was supposed when yon 
were indicted, that there would be two witnes- 
ses agaiost you, but that fell out otherwise, and 
the law of the land requiring two witnesses to 
prove you guilty of treason, it was thought 
reasonable, that you should not be put -upon the 
jury at all, but you were discharged, and then 
you were in no jeopardy of your life. 

WhiUbrtod, Under favour, my lord, I<was in 
jeopardy; for I was given in charge to the 
jury ; and it is the case of Sever, in 10. Elix.. 
he was indicted for a burglary committed the 
1st of August, and pleaded to it ; and after- 
wards another iudictment was preferred, and 
all the judges did declare, that he could not be 
indictee* a second time for the same fact be- 
cause he was in jeopardy of his life again. 

X. C. J. Surely, you were not in jeopardy, 
and I will shew you how you were not ; sap- 
pose you bad pleaded, and the jury were sworn.' 

Whittbrcad. They were so in my case. 

X. C. J. It is true they were ; hot suppoa- 
. ing that presently upon that some accident falls 
out, a witness is taken sick, and be feigned to 
be carried away ; or for any reasonable cause,' 
it should be thought fit by the court to discharge, 
the jury of it, that they should not pass upon 
your life, are you in jeopard? then? 

L. C. J. North. I would nave you be satis- 
fied with reason, and the course of law, that 
other mens' lives are under, as well as yours* . 
The oath the jury take, is, that they shall c well . 
' and truly try, and true deliverance make,' of 
such prisoners as they shall have in charge; the 
charge of the jury is not full, till the Court give 
them a charge at the last, after evidence had ; 
and because there was a mistake in your case, 
that the evidence was not so full as might be, 
the jury, before ever they considered concern- 
ing you at all, they were discharged, and so you 
were not in jeopardy ; and I in my experience 
know it to be often done, and it is the course of. 
law, the clerks will tell you it is frequently done 
here and at other places ; and this is not the 
same indictment, and it contains further matter, 
than that you pleaded to before. And then if 
you will make this plea good that you go upon, 
you must alledge a record, and shew some re- 
cord to make it good, and that cannot be, be- 
cause there is none, and so it will signify no- 
thing to you, as you have pleaded it. 

Wldt. I desire the record may be viewed, 
it remains with you. I do only present this to 
your lordship and the Court, and desire I may 
have counsel. 

X. C* J. No, not at all, there is no entry 
made of it. 

Whit. I desire that counsel may advise me ; - 
for I am advised, that according to the law of 
the land, I ought not to plead again, and I hope - 
your lordships will be of counsel for me. 

X. C. J. Look you, Mr. Whitebread, there 
is no entry made upon it; and the reason ss, 
because there was no trial ; and there was no 



317] STATE TRIALS, 31 ChailisIL 1619.— md others, for High Treteo*. [818 



trial, because there was no condemnation or ac- 
quittal : if there bad been, tbeh yon had said 
something. 

Whit. That which I ask is, whether I ooght 
not to be condemned or acquitted. 

L. C J. No, it is only in the discretion of 
the Court. For if a man he indicted for mur- 
der, and some accident should happen, (when 
the witness come to prove it) that he should be 
taken UJ, and so be carried away, should the 
murderer escape ? 

Whit. That is not my case; you may do as 
yon please. 

L C. J. Bat we shew, that it is in the dis- 
cretion of the Court to discharge the jury upon 
swb accidents, and then the party is not in 

Whit. I have only prayed your lordship's 
secretion in this. 

X. C. J. Yon ought to plead, and must plead. 

L. C. J. North. I suppose if any of my 
brethren are of another opinion, than what we 
have expressed, they would say so. 

Court. We are nil of your opinion. 

JL C. J. All the judges of England are of 
the same opinion. 

Recorder. It is the constant practice. 

L. C. J. It is frequent in all places, it is no 
new thine. — Whit. My lord, I am satisfied. 

C/. efCr. Thomas White alias White bread, 
art thoo Goiliy of the high treason whereof 
thou standest indicted, or Not Guilty ? 

Whit. Not Guilty. 

& of Cr. Culprit, how wilt thou be tried? 

Whit. By God and my, country. 

CL of Cr* God send thee a good deliverance. 
John Fenwick, art thou Guilty of the same 
high treason, or Not Guilty ? 

Fburick. Not Guilty. 

Ci. of Cr. Culprit, how wilt thou be tried ? 

Fen&ick. By God and my country. 

CL rfCr. God send thee a good deliverance. 

Femwkk. I was tried before with Mr. White- 
bread, oar case is the same ; the only reason 
why (I presume} we were not proceeded against, 
was, because the second witness declared he 
tad nothing to say against us, that was Mr. Bed- 
fcr*\who said, as to Mr.Wkitebread and Mr. Fen* 
«ick, I bare nothing to say against them ; if he 
had given the same evidence against us, as he had 
d«ue against the rest, we bad been condemned, 
aed had suffered, and so I suppose we ought to 
have been discharged.. » 

L. C. J. No, it was not reasonable you 
should be discharged : it remains in the discre- 
tion of the Court, not to let a man that is ac- 
cesed of a great and capital crime escape, if 
there he one witness that swears expressly : do 
yo« think it reasonable such a man should go 
e»t~free, though there wanted two that the 
aw requires? Yon were not in danger, your 
&tes were not in jeopardy. 

Fcttmnck. My lord, we were in* the same 
laager with those three that suffered. 

L. C. J. No, we never let the jury go toge- 
ther to .consider whether you were Guilty, or 
Not Guilty; we did prevent yourmaking your 



defence, because we thought it not* sufficient 
charge. 

CL of Cr. William Harcourt alias Harrison, 
how sayest thoo, art thou Guilty of the high- 
treason whereof thou standest indicted, or Not 
Guilty ? 

Harcourt. Not Guiky. 

CL of Cr. Culprit, how wilt thou be tried ? 

Harcourt. By God and my country. 

CL of Cr. God send thee a good deliverance. 
How sayest thou, John Gavsn alias Gawen, art 
thou Guilty of the same high treason, or Not 
Guilty ?— Gavan. Not Guilty. 

CL qfCr. Culprit, how wilt thou be tried ? 

Gavan. By God and my country. 

CL efCr. God send thee a good deliver- 
ance. How sayest thou, Anthony Turner, art 
thou Guilty of the same high treason, or Not 
Guilty ?— Turner. Not Guilty. 

€/. of Cr. - Culprit, how wilt thou be tried i 

Turner. By God and my country. 

CL of Cr. God send thee a good deliverance. 

X. C. J. • Mr. Corker, you have heard the 
Indictment read, and what it consists of, a 
traitorous endeavour to subvert the government, 
to murder the king, .to change the Protestant 
religion into Popery; if you have any witnesses 
that can be serviceable to you, as to these mat* 
ters, name who they are, and where they lire ; 
if you cannot, you bad as good take your trial 
now, as at another time. 

Corker. I not only have no witnesses ready* 
but there are substantial circumstances, which 

Ciradventure may arise, which may induce your 
rdship to believe me innocent, and therefore 
I humbly beg, I may stay some short time to 
consult with those that are better skilled in the 
law than J am: 

X. C. J. What do you mean to have coon* 
sel assigned you ? 

Corker. WLy friends, my lord. 

X. C. J. Every man knowahis own case best ; 
you have been bred a scholar, and so you can* 
not be so ignorant as other men are : V on can 
tell whether you have any witnesses that yon 
think are material for your defence. 

Corker. That day of the 24tb of April, spoken 
of in the indictment, I truly and really*toelieve 
I was not in town that day; but I cannot 
positively prove it, because I heard not of it be* 
fore. * . - ■ ■ 

X. C. J. Is there any body that can testify 
where yon were that day?. Can you name any 
one. 

Corker. Yes, I believe I can name one, and 
that is one Alice Gaton, that is now 90 miles 
out of town at Tunbridge, who can prove where 
I did go about that time. 

X. C. J. I'll tell you what, if my brothers 
will, this woman you suppose can say something 
for you, we will respite your trial for to-day, 
seno somebody for her, and we will try yon to- 
morrow. 

X. C. J. North. Or any other witnesses ; 
for as to this 34th day of April, it is known to 
all the world to have been the day of the con- 
sult; but because yen pretend a surprise, I 



819] STATE TKEALS, 51 Chailes II. 1079 — Trial qf TUmms Wkhtkrud* [680 



most tell you, that Mr. Attorney, seat you no- 
tice with the rest; bat because you might be 
led into another opinion, that the council did 
net order it, you have the favour to be put off 
till to-morrow : Get your witnesses ready if you 
can. 

L. C. J, If you have any other witnesses, or 
desire any order for their appearance, let ns 
know it. 

Cprktr. I desire I may liave liberty to have 
my trial pat off till Monday. 

L. C. J. North. No, it cannot be. Monday 
is the essoign day, and the commission will he 
out. 

L. C. J. Call the Jury. 

CL qf Cr. Thomas White alias Whitebread, 
bold up thy hand (and so as to the restV You 
the. prisoners at the bar, those men that you 
shall hear called or personally appear, are to 
pass between our sovereign lord the king and 
you, upon trial of your several lives and deaths ; 
if therefore you or any of yon will challenge 
them, or any of them, your time is to speak 
onto them as they come to the hook; to be 
sworn, and before they be sworn. Call sir Philip 
Matthews. 

Whittbremd. Wt challenge him. My lord, 
that there may not be any farther trouble, it is 
oar general petition, that none of those that 
were for any of the former trials may be of this 
Jury, they having already passed their judgment 
open the evidence they have heard. 

L. C. J. You may challenge them. And 
t h e refo r e (sneaking to N the Clerk of the 
Crown) don't take any that were upon the last 
Jury for this cause. 

Qavam. Nor any of the former Juries; we 
do this that we may avoid giving your lordship 
amy further trouble, because if we should stay 
upon particulars we should too much trouble 
the Court. 

X. C. J, North. Look yon, I will tell you by 
the way, yen have the liberty to challenge pe- 
remptorily so many. All we can do, is to give 
direction to the Clerk; if he do not pursue at, 
we do not know them, we can't tell, you must 
look after that. 

ibcoflrfsr. You have the hooks wherein are 
notes ef all their names, by you. 

Then the Jury that were sworn were these 
twelve: Thomas Harriot, William Gulston, 
Allen Gerraway, Richard Chcvney, John Ro- 
berta. Thomas Cash, Rainsford Waterbouse. 
Matthew Batemao, John Katne, Richard 
Whim, Richard Bull and Thomas Cox. 

CLifCr. Crier, count these: Thorns* Har- 
riot. 

Crier. One, &c. 

CI. e/ 'Cr. Thomas Cox. 

Grssr. Twelve good men and true, stand to* 
getber and hear your evidence. 

Then the usual Proclamation for information 
was made, and the Jurymen of Middlesex sum- 
moned and not sworn were dismissed till next 
morning, 8 o'clock. 

C/.e/Cr. Th«n« White ali* Whitehead, 



bold up thy hand (and so to the rest). Yota 
gentlemen that are sworn, look upon the prU 
soners and hearken to their cause ; they stain} 
indicted by the names of Thomas White, &c. 
(put in the indictment mutatis nwttndis) and 
against the form of the statute in that enee 
made and provided* .Upon this indictment they 
have been arraigned, and thereunto have seve- 
rally pleaded Not Guilty, and for their trials 
have put themselves upon God and their cotin* 
try, which country you are. Your charge ia to 
enquire, whether they or any of them are Guilty 
of 'the High Treason whereof they stand indict* 
ed, or Not Guilty. If you find them or any of 
them Guilty, you are to enquire what goods or 
chattels, lands or tenements they had at the 
time of the High Treason committed, or at any 
time since. If you find them or any of them, 
Not Guilty, you are to enquire whether they 
fled for it : If you find that they fled for it, yon 
are to enquire of their goods and chattels, as if 
you had found tbem Guilty t If you find them 
Not Guilty, nor that they nor any of thscn fled 
for it, say so and no more, and hear your evi* 
dence. 

Then Mr. Belwood, of counsel for the king in 
this cause, opened the iudictment thus : 

May it please your lordship, and you gentle- 
men of the Jury : the prisoners at the bar, 
Thomas White alias Wnitebread, John Fen- 
wick, William Harcourt alias Harrison, John 
Gavan and Anthony Turner, together with 
James Corker, stand indicted of High Treason. 
It is charged in the indictment, That the 94th 
of April, m the 30th year of the king that now 
is, these persons, with other traitors unknown, 
did purpose and conspire to stir up sedition 
and rebellion ; to cause a miserable slaughter 
of the king's subjects ; to depose the king of his 
government, and bring him to death ; and to 
change the government and religion by laws es- 
tablished, and to levy war against the king. 
And it is further charged in the indictment, 
tliat pursuant to this intention of theirs, and 
the better to bring it to pass, they did assem- 
ble, consult, and agree, first to bring his majes- 
ty to death, to murder the king, and thereupon 
to change the religion established by law to the 
superstition of the Romish Church, and to sub- 
vert the whole government; and it was agreed, 
that Pickering and Grove should murder the 
king ; and that therefore Whitebread, and the) 
rest of the persons indicted, should say a num- 
ber of masses for the soul of Pickering : And 
Grove, for this piece of service, was to have sa 
sum of money. And the Indictment says fur- 
ther, That these persons did take the Sacrnv- 
meat to commit this treason with more secrecy i 
and that they did likewise prepare, excite, aluafc 
and counsel four other unknown persons to kilt 
the king at Windsor. All these facts are said. 
to be done advisedly, maliciously, traitnrousijr*, 
and devilishly, and against their allegiance to 
the king. To this they have pleaded Non? 

Guilty ; if the king's evidence prove it, you 

to find it so. 



SI] STATE TRIALS, Si Ouftut U. lft?9.-Hntf oU*n,M Wfi Thorn. (SB 




And then Sir Creswel Levins t one of the 
ling's learned counsel in the law, opened the 
Charge thus: 

May ft please your lordship, and you gentle- 
aaaaur the Jury: These prisoners at the bar 
am by perswesioa Papists, by order and degree 
they are ail priests. By the law of tbe land, 
via. by a statute made the 37th of El». tbey are 
aHejaulty of treason, for being priests, and they 
■ago* be tried as such, and ought to die for it ; 
ant that is tiot tbe fact they are charged with, 
box will they bave the satisfaction to say that 
they svjfcr for their religion: No, they are 
" with a treason of a blacker and darker 
And though I must tell you, that it is 
100 years ago since that statute was 
priests codling into England, yet 
bare been Terr rare, that any of this ' 
bave died for their religion within 
*s time, or any of her successors ; 
yet aVry have died upon worse accounts, and 
upon, each accounts as they are now brought to 
this bar for. $uch is the difference between 
their rehgioa and ours, tbey have been suffered 
to live here under a law by which they ought to 
die. They kill tbe Protestants by thousands, 
wichoet law or justice, witness their bloody do- 
iop at MirendoL tbeir massacre at Paris, (heir 
barbarous cruelty in Ireland, siuce the year 
1040, aed those m Piedmont, since 1650. Bat 
shese are not tbe crimes tbey are charged with, 
may are not accused for their religion, but for 
afe Meekest and darkest treason that men can 
ha charged with. They are charged with an 
to murder the king, under whose 
on tbey lived* Thi>murdcr of the king 
been carried db in the Resign of it, with all 
the malice and resolution that can be, from the 
ant time that we can give you an account of 
it, which was tbe 24th of April, 1678, when 
these persons, and several others, did first as- 
about other matters of their own, and 
tbe rest to murder the king: There they 
to a resolution that it should be done, and 
aecBoos were appointed to do it ; these were 
wove and Pickering, who have been executed 
aw it ; tbey were to aid the king in St. James's 
park ; but it pleased God that the flint of the 
pistol failed, to which we are more beholden 
than to them, that he escaped that time. Tbey 
were not satisfied with that, but they send 
eewa four butchers to murder him at Windsor, 
whs being disappointed, they sent down 1 others 
after that to murder him at Newmarket ; and 
when ait these failed, tbey bad recourse to that 
treacherous and unmanly way of poisoning him, 
and hired one so to do ; and they did not only 
intend to murder tbe king, but to make it good 
by force when they had done. They intended 
to rake an army ; tbey had got Commissions to 
several persons in the kingdom, to command 
these forces. They designed to raise 50,000 
steu to maintain the injustice, when they had 
aoneit. And that was not al( ; they had re- 
course to foreign assistance, and depended 
upon foreigo succours, if they were not made 

VOL. Til. 





apod at home. Gentlemen, tbey have been 
disappointed iu ail these things; they had an 
intention further, as I find it m my brief, to' 
make a general massacre of all Protestants here; 
A thing that they have done, and we have 
heard of it abroad, but thanks be to God, we 
never knew it experimentally at home. And L 
hope God that bath preserved os hitherto, will 
preserve as still. — The mercy these men have 
met with, in being suffered td live under the 
danger of tbe statute, by which they might have 
justly died, bath not prevailed upon or bettered 
them at all, but been turned into monstrous in- 
gratitude, and made them more desperate than- 
other people woald have been. Gentlemen, 
when all this is opened, I must tell yod, if these 
persons be innocent, God forbid they should 
suffer; but if tbey be guilty, surely they are not 
fit to live among men : And truly if they be 
guilty, they do not only deserve to die, but to 
die a more cruel and miserable death, than 
either the mercy of our prince, or the modera- 
tion of our laws hath provided for such offenders* 
I shall detain you no longer, bat will call the 
witnesses, and then you shaM judge whether 
they be guilty or not. And we begin with Mr. 
Oates.-— Who was sworn. 

Sir Crewel Ltvmx. Pray what can you say 
to these gentlemen? begin with Mr. White- 
bread first. 

L. C. J. Mr. Oates, apply your evidence as 
distinctly as you can to one person at first, unless 
where the matter will take in all, or snore thaw 
one of them. 

Oates. My lord, I have evidence I desire 
may be called m, I shall have occasion to use 
them. 

Gttvan. It may be inconvenient. He may in- 
struct his witnesses. 

L. €. /. North. No, he shall not, for we 
will take care of that : But name your wie- 



Oates. There is sir Richard Barker, Mr.- 
Walter a minister, Mrs. Mayo, Philip Page, Mr. 
William Smith, and one Mr. Clay, Mr. Butler, 
Mrs. Sarah Ives. 

Justice Atkins. Take a note ef their names, 
and send for them. * l 

L. C. J. Now, Mr. Gates, go on with your 
evidence ; and when there is occasion to make 
use of these persons they shall be called. 

Oates. Tbe prisoner at tbe bar, Mr. White* 
bread, was made and constituted provincial, so 
as it was publicly known' to us, in the month of 
December last was twelvemonth ; and he did 
order by virtue of bis authority, one Father 
George Convert to preach in tbe sodality of tne 
English seminary, on the bolyday which they. 
call St. Thomas of Canterbury, i. e. Thomas of 
Becket's day, in which there was order given 
that Mr. Conyers should preach and assert this 
doctrine : That the oaths of allegiance and su- 
premacy were heretical, antichrisrian and de- 
vilish: accordingly, this order was executed, 
and the sermon preached. Mr. Whkebread in 
tbe month of January wrote letters (or at least- 
wise, tit the beginning of February, I will riot 

Y 



SWJ STATE TRIADS, 31 Chablh R. 

be positive as to the time, because it does not 
occur to m j- memory) to St. Omen, concerning 
tfre state of Ireland, of which he had an account 
from archbishop Talbot, who wrote him word, 
that there were several thousands of Irish that 
were ready to rise, when the blow should be 
^ven m England. 

X. C. J. Was that in Whitehead's letter £ 

Onte$. Yes, my lord, and Mr. Whitebread 
did say, He did hope it would not he long ere 
it was given. Now, my lord, by the word 
Blow, we did use to understand, and had in- 
structions to understand the death end murder 
of the king ; and in the month of January, I 
think it was, that he sent over two Jesuits into 
Ireland, to see how the state of affajrs stood 
there : In the beginning of April they returned, 
of which we had an account from Mr. White - 
bread, by letters, wherein there was mention of 
a consult to be held in the month of April, Old 
Stile, and May, New Stile ; and according to 
the order there given, there met at that con- 
sult, the prisoners at the bar, Whitebread, Fen- 
wick, Harcourt and Turner ; and if it please 
your lordship, all these at that consult did sign 
8} resolve, Mr, Whitebread at his chamber, 
which was at Wild-house, Mr. Fenwick at his 
lodgings in Drury-lane, and Mr. Harcourt who 
had some, at his chamber in Duke-street. But, 
my lord, I am to premise this, before I go any 
further, That the consult was begun at the 
White-horse tavern in the Strand, and there 
they did agree to send Father Cary to be their 
procurator at Rome; and after some such 
things were done, they adjourned into several 
dubs or colloquies, or what you please to call 
them. One was at Mr. White tread's cham- 
ber, another at Ireland's chamber, that is exe- 
cuted, another at Harcourt's, and another at 
Fenwick's ; now here was a resolve signed by 
these prisoners at the bar, in which— — 

L. C. J. That is four of them, Whitebread, 
Fenwick, Harcourt, and Turnei . 
. Oatet. Yes, mv lord. 
, X. C. J. Was Gavan there ? 

Oates. I dare not, mv lord, affect him with 
that, because I cannot be positive, but I will 

five you my evidence ecainst him by and by. 
fy lord, these four gentlemen, with the rest of 
their accomplices, did sign a resolve, which was 
this, ' That Pickering and Grove should go on 
in their attempts to dispatch the king;' and 
this they did resolve upon, and gave it as their 
judgment, as a very excellent expedient. My 
lord, after this consult we did return (we were 
eight or ten that came over} ; and may it please 
your lordships, in the month of June, I think it 
was June, he came to Flanders, in order to visit 
hit colleges, being provincial of the Jesuits of 
England : He did stay there, as near as I can 
remember, till the tenth of June, and enquir- 
ing of the Fathers how squares went in town, 
among other expressions he used, this was one, 
• That he hoped to see the black fool's head at 
Whitehall laid fast enough ; and that if his 
Brother should appear to follow in his footsteps, 
his passport should be made too/ or to that 



1 67Q.—Ttuil of Thomas Whitehead, [3H 

i purpose, ' he should be dispatched/ Upon the 
lSth of June, Old Stile, the 25d New Stile, I 
had orders to come for England ; according to' 
which order I came, and did take the Packet- 
boat, as near as I can remember, the 24th, 
which was the 14th Old Stile, and we landed 
at Dover, the 25ih, very early in the morning ; 
and when I was at Dover, I met with the prisoner 
at the bar, Mr. Fenwick, and he, myself, and 
some others, did take coach, and come as far 
as Canterbury ; after we had eaten and drank 
there, we came six miles further, where4here 
was a box seized by the searchers of the town 
of Borton, and this box was brought up by Mr. 
Fenwick, and directed to one BlundeJ, and the 
superscription was, as near as I can remember, 
in these words, ' To the honourable Richard 
Blundel, e»a. at London.' And this prisoner at 
the bar, Mr. Fenwick, did desire that the 
searchers would send it to him (it was fall of 
beads and crucifixes, and such things) to the 
Fountain tavern near Charing- Cross, and write 
a letter to him, by tbe name of Mr. Thompson, 
as that was the name he usually went by, 
when he came to Dover, and he, had then 
brought some students there, to send over to 
St. Omers. 

X. C. J. When went Fenwick ? 

Oates. When I came to Dover, I met Fen* 
wick, by the name of Thomson, going to send 
over the students, and Fenwick did say, If they 
had searched his pockets, as they had searched 
his box, they had found such letters, as would 
have cost him his life ; for, smith be, they were 
about our concern in hand. Then we came up 
to London, and arrived at London the 17th of 
June, Old Stile, for we lav a part of the way at 
Sittenburn, in the morning, and in the after- 
noon we came to Dartford, and came to Lon- 
don, Monday noon, the 17th Old Stile. And 
in the month of July, there was one Richard 
Ashby, whose right name indeed is Thimbleby, 
but he went by the name of Ashby, and this 
gentleman did bring over instructions from the 
prisoner at tbe bar, Mr. Whitebread, who was 
abroad in Flanders, m herein he was to propose 
10,000/. to sir George Wakeman, to poison the 
king; and several other instructions'there were, 
of which I cannot now give you an account; 
and withal, that a blank commission should be 
filled up, and ordered for sir John Gage, to 
be a military officer in the army, and by that 
gentleman's own order I delivered that com- 
mission into sir John Gage's own hand, on a 
Sunday. 

L. C. J. Where had you that ccjmDission 
from Whitebread ? 

Oatet. It was skped and sealed by him, but 
it was a blank, and was to be filled up. 

L. C.J. Where? 

Caret. It was at Wild-house. 

L. C. J. How was it filled up? 

Gates. It was filled up by Mr. Whitebread's 
order, it was signed and sealed blank, and he 
'ordered it to be filled up, and me co take that 
commission and carrv it to sir John Gage. 
• Whitebread, Did I order yeu ? 



3S5] STATE TRIALS, 31 Cjuruu U. 1671) and others, for High Treason. [396 

asked me, whether I knew, him } \ know him 
now, but truly then I did not well know him, 
because be was under that mask, and I could 
not say any thine against him then, because he 
being under an Ul favoured perriwig, and being 
a man that I knew had a good head or hair of 
his own, I did oot well understand the mystery 
of it, and so spared my .evidence at that time 
from informing the council against him f but 
the prisoner at the bar came by the name of 
Gavan, and we used to call lum by the name 
of Father Gavan « and this gentleman did ia 
the month of June write letters 
G avail. What year? 



" flutes. You ordered Aabby ; Isaw the letter, 
mad knew it to be Whitebread's hand. 

L.C.J. Was it before be went to St, 
Oners? 

Omits. It was while he was at St. Omers. 

WkUtbrtad. What day was it ? What hour ? 

Gates. It was in July. 

Wbitebreod. What time of the month ? 

flares. The beginning, ormiddJe. 

Whiicbrcad. Are you sure it was in July ? 

Gales. I canuot be positive, but I think it to 
be in July ; for Ashby went to the Bath the lat- 
ter end oi July, or the beginning of August, and 
it was before he went. 

Whitcbread. Who was present at the signing 
af this commission ? 

Gale*. There was present at the filling up of 
this commission, Mr. Harcourt, Mr. Ashby, and 
Mr. Ireland. 

Fcnwick. Was not I there ? 

Oafes, I think I filled it up. I will tell you 

when you were there presently. My lord, 

when Ashby went away, Fenwick went out of 

town, but returned again presently, to give an 

account how squares went, and really I cannot 

remember where be had been, but as near as I 

can, it was in Esses, I will not be positive in 

it; bat, nay lord, this same gentleman, Mr. 

Re wick, with Mr. Harcourt, did advise Mr. 

Ashby, that as soon as be had been at the Bath, 

be should go and give an account to the people 

in Somersetshire, and there*away, his circuit 

would be short and very easy, and be did not 

oeestion, but before be came up to town again, 

w have the gentleman at Whitehall dispatched, 

they called the Black Bastard ; now 1 

that to the jury to espound who the 

by it. 

YcmmicK What time was that, Sir, pray ? 
You must time things, or you do nothing 
at att. 

Oata. It was the latter end of July, or the 
bemaning of August, it was about the time of 
Asaby's going to the Bath. 

Fcnmvck. Just now he said, it was the be- 
paniog or middle of July. 

OaUs. I will tell your lordship what I said, 
ifc^t this Ashby, or Thimbleby, came from 
St. Omers with those orders or instructions, 
caber the beginning of July, or the middle of 

July. 

Ftmmdek. I would not interrupt you, Mr. 
Oaftes, this was some time before Mr. Ashby 
west to the Bath, was it not ? 

(hies. It was about a. day before. 

JL C. J. lie says a thing that is plain 
enough: Ashby came over about the beginning 
or middle of July, with instructions about the 
commission; and about the latter end of July 
or beginning of August, as he remembers, this 
advice was given. 

Galea, And so we are arrived at the affairs 
m August, which reflects upon these gentle- 
men ; but now I must speak a word to this 
Cidemao, Mr. Gavan, the prisoner at the 
, whom when I saw come into the lobby, 
I* had gotten on a perriwig; so there was one 



Oata. In the year 1678, and did give the 
Fathers at* London an account how affairs 
stood in Staffordshire and Shropshire, and how 
diligent one Father Even was to manage affairs 
in those countries. 

Gavan. From whence were those letters 
sent ? 

Oata. Tbere was only the day of the month, 
you know it is not the custom to date the place. 
When I saw the letter first, I did not know it 
was his band, I took it upon report; but I wilL 
tell the jury, by and by, how 1 came to know it 
was bis band : as near as I can remember, it. 
was in the month .of July (it was July or Au- 
gust, this gentleman came to town, and I saw. 
this gentleman at Mr. Ireland's chamber. 

Genoa. What time of the month ? 

Oata. It was in July 1678, as near as I can 
guess. 

Gavan. Upon my salvatioo, lam as innocent 
as a child unborn. 

X. C. J. North. By this means you put out 
any witness in the world, by interrupting of 
tbem. When the witness hath done bis testi- 
mony, you may ask him any questions, to as- 
certain tbe time or any thing, but you must not 
interrupt him till he hath done. 

Oata. In the latter part of July, I think it 
was, but it was, as I remember, while Mr. 
Ashby was in town, I met him at Mr. Ireland's 
chamber, for he was a saying he would go sat 
Father Ashby before he went out of town, and 
be gave such an account to Father Ireland, of 
the affairs in Staffordshire and Shropshire, at 
he. had given in the letters before; but to. 
prove bis hand, he did draw a bill upon one sir 
William Andrews in Essex, for the payment of 
some money, of some little sucking priests, 
that were strolling up and down the country. 
I saw him write it, and it was the same hand 
with that letter. 

Gavan. What did I write ? 

L. C. J. You drew a bill upon such a person, 
and he names him. 

Oatcs. We are now come to Aogust. 

JL. C. J. "But you say he discoursed about 
the same things with Ireland, that he had wrote 
in the letter.— Oaf a . Yes, my lord, 

Gavan*. And what were those same things; . 

Oata. Why how the affairs stood in Staf- 
fordshire and Shropshire, how my lord Stafford 
was very diligent. I desire to be excused as to 
that, because it will diminish my evidence in 



4M7] STATE TRIALS, SI Cbaml» II. 1 OTfc— Trial <$ Thomas Whitehead, [ 

another part of it: I will tell you part of what 
was then discoursed of. .. 

Goto*. My lord, be is sworn to speak all the 
truth. 

L. C, J. You must speak the whole truth, as 
far as it concerns any of t he&e persons. 

Oatet. He gave an account how prosperous 
things were in those countries, and did say, that 
there was at least two or three thousand pounds 
that would be ready in that country for toe car- 
Tying on the design, I think it was three, bnt it 
was betwixt two and three. Now, my lord, we 
are arrived to oar business in August ; about 
the 12th of August, as near as I remember, but 
k was between the 8th and the- 13tb, therein 
I am positive, Ireland, who is executed, took 
his leave qf us,* as if he were to go to St. 
Omers. 

X. C. J. Where did he take his leave ? 

Oates. At his chamber in Russel Street. 
Ireland went oat of town, and Fenwick, by 
that means, Was to be treasurer and procurator 
to the society altogether. lie had that employ 
afterward upon him during his absence, let Mr. 
Ireland go whither he would. And the 31st of 
August* which, as near as I remember, fell upon 
a Wednesday, Mr. Fenwick and Mr. Harcourt 
were met together at Wild-House, and some 
other Fathers, as Father Kaines, and one Father 
Blundell, and some other Fathers, whom lean- 
not remember. 

Gavan. Was I there, pray, Sir ? 

Oates. No, no, Sir j I am not to talk to you 
•till, I am to speak to the Court. 

L. C. J. North. We would recommend this 
to you, to name persons when you speak of 
them. 

Oates. Where I hare occasion I will name 
them, osy lord. Mr. Fenwick and Harcourt 
were together at Wild-House, and Mr. Kaines, 
and Mr. Blundell, and, as'near as I remember, 
Mr. Langworth was there, but I will not be 
positive. And. there lay before them at WHd- 
Soose fourscore pounds, the most of that 
money was guineas, which was to be paid to 
the 4 Irish ruffians that were to murder the 
king at Windsor. After it was agreed that 
they should do it, and Coleman, who was exe- 
cuted, came thither, and gave the messenger a 
guinea to expedite the journey ; we drew off 
from Wild-House, and went to Mr. Hercourt's 
chamber ; and because Mr. Harcourt had there 
left his Papers that were to be sent down to 
Windsor, there he paid the messenger the 
money. And that gentleman was present there, 
Mr. Fenwick, and this is another part of 
August's business. No sooner was this mes- 
senger dispatched, but within a day after, or a 
day before, but it was a day after, as near as I 
can remember, there was a consult held at the 
Benedictine's convent, at which Mr. Fenwick 
was present, and Mr. Harcourt, and there they 
bad some more Irish news from the Irish arch- 



•• This was the perjury assigned in the second 
count of the indictment upon which Oates was 
•unrated, Ma; 4y 1*90, Sec the Trial, ta/fo 



bishop Talbot, who did give an acconoe of the 
Irish affairs, how they did conspire the deatbof 
the duke of Ormond ; and desired to know how 
affairs went in England, and desired some com- 
missions might be sent over to some particular 
persons there to raise forces fos the carrying 
on of the design, and some money to be trans- 
mitted to them. And Mr. Fenwick did bring 
the commissions from Wild-House (as near- as 
I remember), but he did bring them with him, 
and sent them down by a special messenger to> 
Chester, and some letters by the post. That of 
the post 1 know of my own knowledge, but that 
of the special messenger I had only from bis 
own mouth. My lord, from the 34th of 
August, as near as I remember it fell of a 
Saturday, Bartholomew-day it was, but whether 
it fell of a Saturday I cannot be positive; bat 
if the Court please to inform themselves of it 
by their Almanacks, they may. 

l>. C. J. There is no great matter in thai, I 
suppose. 

Oatet. But this gentleman, Mr. Fenwick, 
did deliver me some money for my nectsamiy* 
incident charges, but did admonish me to>awe* 
cure some Masses to be said for a prosperous) 
success upon the design. Upon the 35th day* 
I saw Mr. Fenwick in the afternoon at has 
chamber, and he was to go on the 36th. day, the 
next day, to St. Omers, and to carry 8 or lO 
students to go there to study humanity : And 
this is toe account I have to give of Mr. Fen- 
wick : For after I took my leave of him hctv* 
I saw him no more till he was apprehended. 

L. C. J» This was about the 20th of August, 
was it not ? 

Oatet. Yes, my lord, it was the 36th at? 
August. 

I. C J. WelJ, go on, Sir. 

Oatet. The 1st or 2nd of September, we 
ceived a letter (in the beginning it was) 
Mr. Whitebread, and this letter they did any 
was a foreign letter, and yet it paid but twow 
peoce, by which I did conclude) that Mr* 
Whitebread was come into England, and lay 
somewhere privately, or was not yet coma) 
to town. On the 3rd of September. I went 
to Mr. ..Whitehead's chamber, at night* 
but he being at supper, was not to he spoken 
with ; but when be saw me the next mora-* 
ing, he did revile me, and strike me, and.aatu 
ed me with what face I could look upon 
bim, seeing I had* dealt so treacherously wish 
them ? Now, after that I had enquired in a tan 
respect? He answered, in the discovering: of 
the business, for there was a gentleman that 
went to the king in this business, to woaaa-S 
had communicated much of my information by 
Dr. Tongue. This gentleman had the esssae) 
coloured clothes that I had, and *> they net 
being able to give an account of the name as? 
the persoB, gave only an account of the habit 
he was. in, and therefore they charged me with 
it. After I had justified myself as well as I 
could, Mr. Whitebread did shew me a letter* 
which came from one Beddingfield, 
ningfiefd, which die} shew the Plot 



I) STATS TRIALS 51 ChaJu.es BL 1 679,— «nd dtkersjer High TVoufc*. (3» 

L (LJ. Dr. Qatav you positively say, tl^t 
Whitebread, Fcnwick, and Hareourt were 
there I 

Oatet. Yes, ay lord, for Mr. Whjtebfead 
was provincial and presideat of the assembly, 

Sir Cr. Levinz. And Turner was there r 

OoAes. Yes, he was. 

Sir Cr. Levins. Dr. Oates, what was that 
money raised lor ? 

Oaf et. They said it was for the carrying e* 
of the design. 

L. C. J. And what design was that ? 

Qatct. Our design. And that was the sub- 
version of the government, and destruction- of 
the king. 

X.C J. Now, if yon please, yon may ask' 
him any question. 

Gavan. Mr. Oates, you say you saw my 
name to a letter for the taking up of money ; 
to whom was that letter writ f 

Oatet. There was a letter from you to Mr. 
Ireland. And be did receive it by the hands 
of Grove. 

Govuh. Where was that money to be taken 
up? 

Oatet . My lord, I say, that letter was re- 
ceived by Grove, who is out of the. way, and 
cannot prove it, and was delivered to Ireland. 

L. C. J. I perceive your memory is not 
good. 

Gavan. I perceive bis memory is very good. 

Oatet. This letter did give anaocouot of the 
business of Staffordshire, and the particulars «tf 
that Mr. Gavan did afterwards give an account 
of by word of mouth, and some other things 
not fit to be named. 

Gavan. Pray, where was it, Sir, that I gave 
an account of it ; in London, or hi the country ? 

Oatet. In London. 

Gavan. In what month I * 

Oatet. In July it was. 

Gavan. What part of July* 

Oatet. It was when Mr. Asbby was in town, 
the beginning or middle. 

Gavan. Just now, you said' k was in the 
latter end. 

Oates. My lore), I beg this favour, that if the 
prisoners at the bar .ask any qawation*, they 
may be proposed to the Court, for they are 
nimble in their questions, and do a little abuse 
the evidence* They pat things upon them that 
they never say. 

Mr. Justice Pemoertoav Propose, your auee* 
tions to the Bench, that you would have asked. 

Gavan- I would do so, my lord, in whose 
honour I have more confidence, than » what- 
soever Mr. Oate* says or swears, 

L. C. J. But be tells you who you drew yonr 
bill of exchange upon, and that was sir Wil- 
liam Andrewsv 

L. C. J. North. Do not give the kingfe wit- 
nesses ill words. 

L. C. J. Have you any more to ase^ enpwf 
you? 

Whitehead* Yes, my lord* 

L. C. J. See if you can catch hiss, be gr ass. 
you a long and exact account as can be given 



vamt, and ahem thaw were line to be undone, if 
it sad not been for the five letters that were 
stat down as> Windsor and intercepted, which 
nade all to be looked upon as counterfeit ; 
after that, I' justified myself as well as I coald. 
Bt tobJ me he would be friends with me, pro- 
dded I would give an account of the party, and 
of the minister that went with him 4 Apd this 
ii what I have to say against Mr. Whitebread, 
sad the prisoners at the bar ; but only this, be- 
cause sir George Wakeman did not accept of 
lOgOOOl that was proposed to him to poison 
the king, this gentleman offered that 5,000/. 
more should be added. 

La J. Which gentleman r 

Gates, Mr. Whitebread. And 15,000*. was 
accepted, and when it was accepted, White- 
bread dad greatly rejoice that the money was, 
sftepatd to poison the king. 

WkMrcmd. Did I tell you so ? 

Oates. No, there was a letter told me so; 
hat yon were in Flanders then. 

SsrCr. Levins. What have you to say against 
Mr. Terser? 

Oats*. I speak as to his being .it the consult 
an April, and signing the* resolve of the death of 
the sing. 

L C. J. Was Mr. Gavan at that consult the 
**h of April? 

Oatet. Mr. Gavan was summoned to that 
esaaait; hast among 40 men I cannot particu- 
larly say be was there, but I saw his name 
spaed as to the king's death, but I cannot say 
I saw bis person. 

L C. J. Can you say you saw bis band- 
wrasse > — Oatet. I do believe it was his: 

LC. J. Did you ever fee any writing of his, 
hat when be signed the bill of exchange ? 

Oates. My lord, I never saw him write but 
that time. It was an ill pen, as it seemed, that 
he writ his name with to the consult, and I did 
not cake so particular notice of the being of 
bis name there, till we saw the instructions in 
July, and then I did look over the consult par- 
tkaJarfy. 

L. Ci J. Beit I say, did you ever see bis hand* 
■liiin^ before he writ the bill ? 

Oat a. My lord, I never saw his hand but 



L C. J. And that by your comparing, was 
He the hand of the letter about Staffordshire ? 

Otter. By that I proved the letter to be 
wriiien from him. It was like it, and was all as 



L C. J. Was it like die hand that was to the 
cmnadt? 
Ouetesv That I cannot say. 
L G. J. I thought you had said he confessed 
ane> contents of the tetter, when lie came out of 
evasraeonwire r 

Oates. I do say this of Mr. Gavan, that he 
wrote sach a letter, and when he came to towo, 
W old give an account of all the passages that 
the letter did contain, which was concerning 
&e raising of money in Staffordshire, and the 
fans he was concerned in : and this was the 
•ccoonthegave, 



33 lj STATE TRIALS, 31 Charles II. l6ft>.— Trial qf fhomas Whitebread, [832 



by any man in England ; and pray direct your- 
self, Mr. Whitebread, to the Court. 

Whitebread. He says be was here in April, 
and at the consult ; now I desire to know bow 
Ions before that time were you and I ac- 
quainted ? 

Oates. Why, before that time I never saw 
Mr. Whitehead's face. 

Whitebread. What employment were you to 
have, and what reward ? 

Oates. When I came away from St. Omers, 
I was to attend the motion of the Fathers at 
your chamber, and to carry the resolve from 
chamber to chamber, where the Fathers were 
respectively met. 

Fenwick. Was not you at the Wbite-Horse 
tavern ? 

Oatts. Yes, I was there. 

Fenwick. Did you dine there ? . ■ 

Oates. No, our stay was short there. 

Fenwick. How lung did you stay in town ? 

Oates. Truly, 1 cannot tell you exactly ; but 
from the time I came into England, to the 
time I went out again, was under twenty days. 

Fenwick. Who were they that came over 
with you ? name tbe parties. 

Oates. I will tell you who they were ; hut 
it is so long since, I cannot exactly remember. 

Fenwick. You need not trouble your me- 
mory, you have them in your Narrative.- 

Oates. My lord, there was father Williams, 
the rector of Wot ton, the rector of liege, Sir 
John Warner, sir Thomas Preston, and some' 
others. 

Whitebread. Was not Mr. Nevil there ? 

Oates. I believe he was, it is like he might 
be there. 

Whitebread. Was not sir Robert Brett there? 

Oates. I believe he might. 

Whitebread. You have said so in your Nar- 
rative. 

L. C. J. Perhaps a man nil! venture to 
write more than he will swear ; not that he 
<toes write what he does not believe, but that 
he knows he ought to be more cautious in his 
oath, than in his affirmation. 

Fenwick. My lord, with your lordship's 
favour, it is upon oath. 

L. C. J. north. Fenwick, you are in a court 
oflaw, and we must go according to tbe law ; if 
you will prove any contradiction in him to his 
oath, you must bring tbe persons here that saw 
him take tbe oath ; and you must not think to 
take a pamphlet for evidence. 
• Fenwick. It was sworn before a justice of 
■peace, and will not, I suppose, be denied ; and 
therefore he must make bis evidence agree with 
it, being part of his Narrative. 

Gavan. You speak of one thing in August, 
and of another in July ; which month saw you 
main ? 

Oates. I told you, I saw you in town in July, 
and when father Ashby or Thimbleby was in 
town ; and you said you would go and see him. 

Justice Pemberton. He says it was in July, 
and that is enough. 

Gaiem. What time io July ? 



_ i 

Oates. It was towards the middle or latter 
end. 

Gavan. Was it before Mr. Ashby went, to 
the*Bath ? 

Oates. It was so. 

L. C. J. He ssys he saw you in town, when 
Ashby was in town, which was towards the 
latter end of July, or beginning of August. 
He cannot teil exactly whether, but positively 
he Says before Mr. Ashby went to the Bath. 
' L. C. J. North. Well, to satisfy you, we will 
ask Mr. Oates the question again. Can you 
recollect whether it was the middle or latter 
end of July? 

Oates. My lord, as near as I can remember, 
it was about the middle of July that Ashby 
came to town, and he did not slay io town 
above a fortnight : and it was whilst be was in 
town, and designed, to go down to the Bath, 
that this gentleman came to town, and gave 
account of the particulars of that letter. 

L. C. J. North. You may ask him any qoes* 
tions ; but I would have you observe what ac- 
count he gives, that about the middle of July, 
Ashby came to town, that he staid in town 
about a fortnight, as he believes, that during 
that time you came to town, and then was this 
discourse. 

Gates. During that time I saw him in town; 
but I kuow not exactly when it was. 

Gavan. My lord, I would ask him one ques- 
tion ; the tiling that is brought against roe is 
this ; he says Air. Ashby came to. town in the 
middle of July, that he staid in town a fort* 
night, that while he was there I came to town, 
and had such discourse : now, my lord, I desire 
to know, whether it was tbe first week, or Inst 
week, that Ashby was m town, that be saw 

L. C.J. If he can answer it, let him. 

Oates. My lord, I cannot. 

L. C. J. He tells you, he cannot charge bi 
memory with it. 

Oates. No, mv lord, nor will not. 

L. C. J. Really, I believe there is scarce) 
one in all this company, able to give an account 
of a particular time of a passage so long ago. 

Gavan. No doubt he hath an excellent me- 
mory. 

L. C. J. And if he had not some memorials 
of this he could not do it. And though be 
hath memorials of the most eminent passages* 
yet we cannot suppose he hath of all dream* 
stances. 

Gavan. But this is the substance ; and you* 
lordship may conceive that not without reason 
I urge it ; for if Mr. Ashby came to town the> 
beginning of July, and staid but a fortnight its 
town, and I came to town while he wn here, 
it must be in one of the two last weeks. Now 
I would have it ascertained, because I may 
disprove it in one week or in the other, 

L. C. J. It is true, you did not amiss in asa>-» 
ing the question, if he were able to answer it: - 
but if it be either, it is enough to prove vox* 
guilty. 

Gavan. Pray, was it only one time, ordiv< 
that you saw me in London ? 



3*?] STATE TRIALS, 31 Cbaw.es U. i679. r -ario//<m,/or High Treason. [S34 

but captiousness, to disprove, him in circum- 
stances of time, place, persoos, or numbers; 
now all these are but little matters to the sub* 
stance: It is true, Mr. Whitebread, if you can 
prove you wereuotat that place at that time, it 
will do you great service. Have you any thing 
more to say to him? 

L C.J. North. 1 hope your witnesses are in 
readiness that you were speaking of, to fortify 
your testimony. 

Oates. Yes, my Lord, they are, I desire thev 
may be heard. 

L. C. J. By and by, when occasion is. 

Jury. My Lord, I desire he may be asked 
one question, 

JL. C. J. Mr. Garraway, what question 
would you ask him 1 

Jury. Where it was that he saw Mr. Turner 
at tbe consult ? 

Oatct. I saw him at Fen wick's chamber, 
where he was a member of tbe consult ; and 
being so, I saw him sign the resolve of the king's 
death. 

L. C. J. Did you see him ? 

Oates. Yes, I did. 

Sir Cr. Levins. Then we desire Mr. Dugdak 
may be sworn (which was done). Come, Mr. 
Dugdak, pray will you tell my Lord and tb,e 
jury what you know concerning Whitebread 
and Harcourt ? first about Whitebread. 

Dugdale. My Lord, I have very little ac- 
quaintance with the man, I have seen him ar 
Tuall, with my old Lady Aston. 

L.C. J. When? 

Dugdale. 1 dare not speak the time, but ap« 
peal to him himself about the truth of it. 

JL. C. J, Is it years ago ? 

Dugdale* It is two or three years ago. 

L C. J. Weil; what can you say against 
him? 

Dugdale. Mr. Whitebread did write a letter 
that I saw under his own hand inclosed in a let- 
ter from Mr. Grove to Mt Ewers, wherein he 
gave Mr. Ewers a caution; to choose those that 
were very trusty, it was no matter whether tbey 
were gentlemen or no, so they would be but 
stout and courageous ; this was the purport of 
the letter, I cannot say the words exactly, but 
that he should choose those that were hardy and 
desperate to that purpose. 

L. C. J. Pray where was ityoji saw that let- 
ter? 

Dugdale. AtTixall. 

L. C. J. How came you to see it? 

Dugdale. Because all tbe letters were di- 
rected to me, that came to Mr. Ewers inclosed 
in Mr. Grove's letters: and so I intercepted the 
letter, and read it 

JL C. J. What was Mr. Ewers ? 

Dugdale. A Jesuit, my confessor ; for I was 
entertained by Mr. Gavan to be in the conspi- 
racy of the king's death, and so was I by several 
others. 

L. C. J. Yon were not acquainted with Mr. 
Whitebread's hand y were you ? 

Du&dale. My Lord, I only came acquainted 
with Mr. Whitehread's band, by seeing {uss 



Octet. It was but one day, but, as near as I 
remember, I saw yon twice that day; and I 
will tell it you by a particular circumstance, 
that I saw you in the afternoon when you were 
a little illish, and there was a cordial brought 
to you by an apothecary, that went by the 
name of Walpoole. 

L. V. J. Here is memory refreshed by a cir- 
cumstance, you see. Whither was it brought 
to him? 

Odes. To Ireland's chamber. 

Gavan. Who brought it, Sir ? 

L. C. J. An apothecary, be says, whose 
aasse was Walpoole. 

Gavan. MyJord, I never saw Walpoole in 
all my life. 

L.C.J. I believe he is known welt enough, 
snch aa one as Walpoole the apothecary. But 
ask what questions you will. 

Gates. I cannot say whether it was Walpoole. 
limself or bis man, that brooght it. 

Gaum. I do as truly believe there is a God, 
an Heaven, and an Hell, as any one here does ; 
as I hope for Salvation, as I hope to see God 
m Heaven, I never saw Mr. Oates before the 
day in January, when be says I had the periwig 
on, and he did not know me : and as for July, 
I calf God to witness, I never saw him then. 

X. C. J. Too were in town in July ? 

Groom, Upon my salvation, I was not in 
London. 

JL C. J. You will prove that by and by. 

fenwtck. I hope, my lord, we may ask him 
any questions io tbe Court, of our evidence, to 
make things clear ? 

L. C. J. Yes, you may. 

Tamer. Did yon ever see me in all your life, 
before yon saw me at Whitehall ? 

Oates. You were then in a disguised habit, 
and a nasty periwig, and I did not know you 
so well. 

lamer- You, at Whitehall, was pleased to 
tell me, I went by another name. 

Oates. I do not value names, but your per- 
son; yon are tbe man. 

JL C. J. You are the man, be says. 

Turner. I>id von see me at the consult ? 

Omies. I saw the man that speaks to me. 

Turner. Who were there ? and how many 
•era present r 

Gate*. There were about forty or fifty. 

L. C J. When you have but one name 

asieee, then he can hit it right ; hut when you 

awe so many names, then you are too hard 

fcraim. • 
Turner. Did you see me at the White-Hone ? 
Oates. That I will not say ; for when tbey 
were in lesser clubs or colloquies, I was sure of 
setter acquaintance with them. 
Turner. Where was it too saw me ? 
- Oates. At Mr. Fen wick's chamber. 

Turner. At Whitehall, you said it was at 

Wiki-bouse. 
Oatcs. Mj Lord, becaose the chiefest part of 

fe console sat at Wild bouse, we called it all 

^comaltat Wild-bouse. 
L C. J. I see your defence will be little else 



335] STATE TRIALS, SI Cjuw.es II. 167P-— IK*/ tf Thomgs WkUtbrtad, [58G 



write « Latter at Tiaall, which be delivered 
to me to send. 

1+ C.J. I pray lei them understand you : 
you say that Mr. Wkkebreaddid write a letter 
to Mr. Ewers, inclosed in one from Mr. Grove, 
wherein ke advised that he should entertain 
lusty stout fellows, and no matter whether they 
were gentlemen, or to that effect : now I ask 
you, how you do know that was Whitebread's 
hand ? or was it his name only that was to it ? 

DugdaU. My Lord, I saw his name at it, 

X. C. J. When you saw that letter, had you 
seen his hand before ? 

DugdaU. Yes, My Lord, I saw it to another 
letter which I saw him write. 

X. C. J. And that was like the band in the 
letter to Ewers, was it ? 

DugdaU. Yes I do almost positively swear it 
was the same hand. 

JL C. J. But what say you to Gavan and 
Ewers? 

DugdaU. There were several consultations 
in Mr. Ewers' chamber, my own, and at Bos- 
cobel, and several other places. Mr. Gavan 
might be so ingenuous as to confess it. 

X. C. Baron (William Montague, esq.) 
What were those consultations for ? 

DugdaU, For conspiriog the king's death, 
and introducing of Popery. Mr. Gavan was 
chiefly made use of at a good orator and learned 
man, and a good scholar, to persuade people 
into the design ; this I speak as to these per* 
tons. 

X. C. X fray go on, Sir, for you shall have 
a fuU scope* for you never were a witness in any 
of the trials before: and yon may take tout 
own way, and you shall be heard, you shall not 
be interrupted; for what you say is very con- 
siderable. 

Dugdale. One Meeting I think was in Sep- 
tember last, it was at Tixall, and there was my 
Lord Stafford, and several others. 

JL C. X Was Gavan there I 

DugdaU. Yes, Mr. Gavan was there ; I sup- 
pose he will not deny it. 

Mr. Justice Pemberton. Don't rely upon that, 
he will deny it, you may be sure ; go on. You 
say he was there?. 

DugdaU. Yes, and that was' to carrv on the 
design : and I was byto bear. I think nfr. Ire- 
land was in the country then ; there was you 
{speaking to Mr. Gavan), Mr. Peters, Mr. 
Lewson, and Mr. Ewers, at this consult, and 
there was another, my Lord Stafford, and others 
that I cannot now name. 

Gavan. What time? 

Dugdale. It was in September, W78. - 

Gavan, What day f 

DugdaU. V think it was the gist of Sep- 
tember. 

X. C. X What was that consult and con- 
apjracy about, in short ? 

DugdaU. It was for the introducing of po- 

Ky, and taking away the life of the king, I 
ng a person chosen oat for that purpose, and 
was to be sent to London by Mr. Uaceeun to 
be under the tuition of M 



, oy Mr. tu 
r.ruMQ*. 



X. C.J. Pray who mentioned this ? was that 
the first time that ever they discoursed of the 
death of the king f 

DugdaU No my lord, it was two years ago, 
but I speak of a shorter time. 

L. C. X Who began the discourse ? 

Dugdale, Mr. Gavan often discoursed of it, 
and encouraged me to it. 

X. C X Who broke it first to you f who 
seemed the principal man ? 

Dugdale. Ewers and Gavan. 

X. C. J, By the oath that yon have taken, 
repeat it once more, for this is new to us. 

Gavan. It is so to me too upon my soul, 
for upon my conscience I never beard of H be- 
fore. 

X. C. J. It is a mighty confirmation of what 
was before discovered. 

DugduU. But I speak to Mr. Gavan, and ap- 
peal to him himself. 

Gavan.. look upon me with confidence, if 
you can. 

Lord Justice Pemberton. Yen must not 
threaten the king's witnesses. 

DugdaU. Mr. Gavan, I desire you to inform 
the lords and all here present whether I was 
not under your tuition ? And whether you knew 
any unjust action by me ? 

Gavan. You were never under my tuition. 

X. C. J. Did you ever know him ? 

Gavan. Yes, my lord, he used to come some- 
times where I was, and so we were acquainted ; 
and I lived within eleven mile of TiialJ, my 
lord Asian's, and having acquaintance in that ' 
family, Mr. Ewers, whom I know very well, 
I used to come there sometimes, but I never 
was in his chamber in my life. In what room 
of my Lord Aston's boose was this discourse ? 

Ihtgdale. Someofitwasin the little parlour, 
and some in Mr. Ewers's chamber. 

Gavan. Were any present there ? and who 
were they ? 

Dugdale. I have told you there was Mr. 
Ewers, and Mr. Lewson, and Mr. Petrea, and 
some others ; and for a further confirmation of 
this that Mr. Gavan may know that I had a 
great zeal for him, and that they did love me 
well, I gave them an estate, or else I believe 
they would not have trusted me so well as 
they did. I gave them 400/. to pray for my 
soul, and for the carrying on of this design ; 
and when they told me they doubted they 
should want money, I promised them lOOL 
more for the carrying on the work. Upoa 
which Mr. Gavan promised me that I should be 
canonized for a saint. 

Mr. Justice Pemberton. Mr. Gavan bhnaelf ? 

DugdaU. Yes my lord. * 

Mr. Belwood. What do you know of any fo- 
reign assistance? 

)LC. X I would lain have all the world bear 
this; pray what was discoursed in the par- 
lour in my lord Aston's house, and in Ewers's 
chamber ? 

DugdaU .It was about taking away ths 
> king's, life, and introducing die Popish reA*. 
■inn. 



337] STATE TRIALS, 31 Cbam.es II. 1670*— <md drier* for Hag* Treason. [S39 



X. C. /. By the oath you have taken, was 
tbat their discourse ? 

Dugdale. Yet my lord, they were contriving 
how to kill the king and introduce popery. 

Sir Cr m Levins. Fray, have you heard any 
discourse of an army, or about making a mas- 
sacre? 

Dugdale. It was spoken in my bearing, and 
there was some discourse why they should expect 
forces from beyond sea, and this gentleman 
said (meaning Mr. Gavan} though they be- 
yond the seas had troubles enough upon 
themselves, yet if we could effect it, men and 
money would not be wanting. I will add, no- 
thing more than the truth in what I say. 

L.C.J. You deliver your testimony like a 
sober modest man, upon my word. 

Sir Cr. Levins. What say you as to a mas- 
sacre ? 

Dugdale. My Lord, I have at some consul- 
tations heard speak of it, but the chief thing 
that they aimed at was, first, there was a letter 
mat came out of Paris, aod came through Mr. 
Harconrt'i hands, and so came down into 
the country, to prove that it was the opinion of 
them at Paris, and St. Omers, to fling all this 
upon the Presbyterians, that is, the death of 
the king ; tbat if any thing of that nature 
should happen, they should be ready to give 
die first alarm, aod give out, that » it was those 
soli king-killing Presbyterians that had done 
the fact : and so they thought they should 
easily have brought in the Episcopal party into 
their company to revenge themselves of the 
Presbyterians. 

L. C. J. It was pretty advice indeed to have 
it first laid on the Presbyterians, that they 
might get pro test ants to join and cut them off, 
and then their own throats should be cut. 
. Dugdale. And then, my lord, there was to 
be a massacre ; and if any did escape that they 
could not be sure of were papists, they were to 
Lave an army to cut them off. 

Mr. Belwood. Did he ever use any argu- 
ments to you, to prove the lawfulness of the 
design ? 

Dugdale* Yes my lord, he hath, and shewed 
me several examples for confirming me in it. 

LC.J. What for killing the king ? 

Dugdale. For the killing of any, to introduce 
their own religion. 

Mr. Beliwod. Pray, will you name some. 

Dugdale. He endeavoured to prove it by 
Scripture, I cannot now call the text to mind ; 
bat it was to shew, how it was lawful and good 
to destroy any for the advantage of their reli- 
gion, and then he shewed the example of Fa- 
ther Garnett ; — how several of his reliques 
being beyond sea great miracles bad been done 
by them. 

L. C. J. And so now there is by St. Cole- 
ftan too. 

Sir Cr. Levin*. What letters have you re- 
ceived from Mr. Harcourt. 

Dugdale. I have received several pacquets 
of letters from several persons beyond seas, 
which were, by his instruction, communicated 

TOL. VII. 



by Mr. Grove to Mr. Ewers, which letters did 
contain treason in them, for the introducing of 
popery, and killing and destroying the king. 

L. C.J. How run you tell that ? 

Dugdale. Mr. Harcourt bath given it upder 
his own hand, and I have intercepted the let* 
tersand read them* 

L. C. J. You were acquainted with the 
hand? 

Dugdale. Yes, my lord. 

L. C. J. You read the letters f 

Dugdale. Yes, my Lord, I did. 

L. C. J. How many letters have you in- 
tercepted ? Have you intercepted twenty ? 

Dugdale. Ves, a hundred, my Lord. Mr. 
Harcourt was the fin»t thai gave intelligence 
into the country (as I know of) of the death 
of sir Edmund bury Godfrey. 

Sir Cr. Levins. Tell when it was given, and 
how. 

Dugdale. I have made it out already upo* 
oath, and I have witnesses to prove, it. 

Sir Cr. Levins. Pray, Sir, tell it now. 

Dugdale. It was directed to Mr. Ewers," 
and it was three days before he was found, Cot 
it was received on the Monday, and he, as it is 
proved, was killed on the Saturday. The words 
were these,- This very night sir Edmundbtfry 
Godfrey is dispatched. And I very much re-? 
jected Mr. Ewers for this action, and then told 
him, This will overthrow the design, or I will be 
banged. 

L. C. J. What day did you receive the letter? 

Dugdale. I have proved I received it on s> 
Monday. 

L. C. J. But pray what date did it bear*? 

Dugdale. That letter must come by Satur- 
day post, for it is said * This night sir Edmund- 
* bury Godfrey is dispatched/ 

L. C. J. He did not name any body, by 
whom ? 

Dugdale. No, but it said he was killed, aid 
we knew by whom. 

Mr. Just. Pemberton. And are you sure that 
was Mr. Harcourt's letter ? 

Dugdale. Yes ; for he did usally sign his 
letters with two letters W. H. which stood 
either for Harcourt or Harrison. 

Mr. Belwood. Did you acquaint any body 
with this, or did you conceal it ? 

Dugdale. I .did go to an alehouse that is 
hard by my Lord's the next day, which wai 
Tuesday, and there I asked, If they did not 
hear some news of a knight's being killed at 
London ? And I have on evidence here, if 
your lordship please, I will call him, who, I 
desire, may testify the same thing. 

X. C. J. Yes, by all means. 

Sir Cr. Levins. Mr. Dugdale, Pray, will yon 
give us some more account of the letter thai 
came from Mr. Whitebread to Mr. Ewers* 

Dugdale. T remember one particularly, but 
I cannot tell what number I have seen. 

Sir Cr. Levins. Did you see more than that 
one? 

Dugdale. I particularly remember that. 

L. C. J. What was thai one particularly t 
Z 



889] STATE TRIALS, 31 duto* IT. l67&—1\MtfThmasWkiteb*cad, [3*7 

Chetwyn, pray swear him. (Which was done.) 

L. C. J: Mr. Chetwyn, Do you remember 
that Mr. Dugdale came to you any time last- 
summer, and what time, and what discourse? 
had you ? 

Chetwyn, My Lord, if your lordship please,. 
I was most part of the summer in the country, 
I came into Staffordshire about the 29tb of 
August. My Lord, there is a gentleman, oner 
Mr. Sanbidge r that is- a kinsman of my lord 
Aston's, that was very well acquainted with* 
the family where I was; which was half a mile? 
off my Lord's, and used to come and play witb- 
me at tables. My Lord, at that very time in* 
October he came to me, and there says he, d& 
you hear nothing of a justice of peace in West- 
minster, where you live, that is killed ? Os* 
to that effect. No, said I, and I had letter* 
yesterday, and heard nothing of it. Sana he, 
I was this morning at Elds, and there a girl of 
the house told me, Mr. Dugdale had beer* 
there, and reported that there was a justice of 
peace of Westminster was killed ; but who hej 
! should be I never heard named, and on Sato** 
day following my letters brought it down to me. 

L. C. J. When was it that this was spoken F 

Chetwyn. It was Tuesday morning, (as I 
remember) and that by a very good circum- 
stance, I went that day for Litchfield, and tbr 
Saturday after the news came to me to Liters* ■ 
field, that sir Edmundbury was found mur- 
dered. 

L. C. J. The jury would do well to observe 
this in point of time. Sir E. Godfrey was 
killed, as it was since proved, on Saturday, but 
on Monday he was missed, on Thursday he was 
found, and on Saturday the news was spread all 
over the country. Now, said he, the Tuesday 
before the news came down, which must be tits 
Tuesday after the Saturday he was killed, ona> 
comes from the alehouse and asks, Do you not 
hear of a justice of peace at Westminster that is 
killed; for the wench at yonder alehouse- says, 
Mr. Dugdale was here this morning and re- 
ported such a one was killed. So that it is 
most notorious, as any thing in the world 
can be, that this thing was known to them, be- 
fore any of us knew what was become of him, 

Mr. Just. Pemberton. How do yon farther 
know it to be upon Tuesday ? 

Chetwyn. I know it to be that Tuesday, nty 
Lord, very well, for we all went about such a 
time to my cousin's mother, to stay a week 
there, and after I returned back, and on Tues- 
day the 15th of October I went to the race to 
Litchfield, and stayed till Saturday there, and 
came thence to London, and was here ths 
Wednesday, being the first day of the term. 
But I remember particularly the first inform** 
tion Mr. Dugdale gave in the country, came to> 
my cousin's hands from the mayor of Stafford, 
and I happened to see him, I think it was 
Christmas day. It came inclosed in a letter. 
! Upon the apprehension of Mr. Dugdale, I re* 
\ member I met him, and he told me of it, aad 
said he, the parliament did not sit that day r 
So he went to acquaint the Lord lieutenant cif 



- Har court. My Lord, I desire to ask him one 
question, When was the last time that you re- 
ceived any letters from me ? 
, Dugdale. The last I received from you 
(to the h«st of my remembrance) was that about 
sir E. Godfrey, and it was in October. 

Har court. I have not writ to that person 
this year and a half. 

L. C J. Let that man be called that proves 
this business of- the death of sir Edmundbury, 
and the talk of it. 

Dugdale. Mr. Harcourt, you know very 
well, that when Mr. Ireland was last in the 
country last year, you were to send him the an- 
swers that came by letters from St. Otners, and 
those were sent down- to my lord Aston's, and 
I saw them, eight of those letters, I am sure. 
And I can prove It by ooe circumstance ; two 
of them came relating to Mr. Edward Aston's 
death, from Paris ; I intercepted them, and 
talking of it, that I could conjure, and tell the 
death of Mr. Edward Aston, before any of Iris 
friends knew of it. And Mr. Ireland writ a 
chiding letter about it, that he had not heard it 
sooner, and you sent down word, That you did 
write those letters, and yet you say you have 
hot written to me of a twelvemonth, or more. 

Harcourt.* This gentleman does pretend to 
know my hand, and it is true, I have writ several 
letters for Mr. Ewers, and directed to him ; but 
as to this time he speaks of, I hate left off writ- 
ing for divers years. He pretends to know me, 
and yet this gentleman before the Committee of 
Commons in parliament, which was yesterday 
was five weeks, as well as he knew my hand, came 
and said I was a gentleman he did not know. 
He came also to entrap me at the Gate-house 
before those gentlemen of the Committee of 
the House of Commons ; but because he said 
he knew my hand so very well, and testifies 
those expressions in the letter, I must say this, 
I never did write any such letter, nor did I 
ever in my life seem to approve of any man's 
death or murder. But the thing is this, he 
pretends to know my hand and to prove it, 
the gentlemen desired me to write my own 
hand and my name, and he in the mean time 
did withdraw, and three of them did write their 
names, and afterwards they called him in again, 
and asked him which was Harcourt's hand, and 
he was not able, to say which it was. 

X. C. J. You write more hands, as well as 
have more names, and can counterfeit your 
hands, as well as change your names. 

Mr. Just. Pemberton. You speak before your 
lime, and your bare word goes for nothing. 

L. C. J. But, Mr. Dugdale, where is your 
witness ? 
. Hareourt. I do 'not know any thing of this. 

X. C. J. But if he calls up a witness, of 
whom you can have no suspicion, that can tes- 
tify, that at this time Mr. Dugdale spoke about 
the death of sir E. Godfrey, what will you say 
to that ? 

Harcourt. I believe there is no such thing 
Stall. 

Sir Cr. Lninx, My Lord, hers is Mr. 



UTJ STATE TRIALS, SI Crawls IL m9.—md others, for High Treason. f 34* 

the county, that is, the duke of Monmouth, 
with it, who carried it to the king. But when 
Mr. Dngdale was sent for, my cousin went 
dawn, and writ me a good character of him. 
As soon aa ever Dngdale came to town, before 
be went to be examined by the council, as I re- 
•ember I went with some gentlemen to speak 
with htm, and said I 10 him, * Can you say any 
4 thing 'about sir E. Godfrey's death?* Sauh 
he, I remember such a letter came at such 
a rime from father Harcourt to* Father 
Ewers, wherein were these words ; This night 
sir E. Godfrey is dispatched. And said he, I 
remember I asked the Question of Ewers, Is 
not this likely to spoil all the design? No, 
said he, he was a man that prosecuted persons 
that went to debauched houses, and it will be 
said to be some of them that did revenge them- 
selves of him ; or words to the same effect, 
libs ssade me recollect the time I had the dis- 
course with the gentlemen in the country. I 
happened to be out of town when the murder- 
ers of sir JE. Godfrey were tried ; as soon as I 
«uae to town, and round that the murderers of 
sir Ednendburr Godfrey were condemned, I 
was at a coSee-house enquiring how it was ma- 
naged; some I found slighted it, others did 
Atftaow wha&Jto make of it. Was not Mr. 
Dngdale there ? said I. No, said they. Then 
I presume, said I, that a very material evi- 
dence was omitted. Upon this I went to Mr. 
Dagdale's chamber, and there, said I to hirn^ 
What was the reason you were notproduced as 
aa evidence, at .the trial of sir E. Godfrey's 
saarderens ? Said I, you told such a thing, and 
I hope you told truth, for I do not hear that 
Ton nave ever contradicted it, that you saw a 
letter about the Monday after he was murdered. 
la my judgment it is very material, if you have 
•worn it, if your deposition be true, or else 
yea did ill Co report it. Said I, Pray let me 
see the copy of your deposition sworn before 
die council. He shewed it me, and there was 
not a syllable of it, that I could see, but after- 
ward* appeared to be there. 

X. C. J. That is not very material, if the 
thing itself be true. 

Chetwyn. But it is not being there, made 
ae remember it. 

Recorder. Pray set up Mr. Dugdale again. 
Now pray tell the contents of Mr. White- 
bread's letter. 

Dugdalt. The contents of it was, to en- 
oarage Mr. Ewers to go on, to he careful whom 
he did intrust, that they should be such fellows 
as were desperate, hardy, courageous, and stout, 
or to that purpose ; it was no matter whether 
ihey were gentlemen or no, so they were hot 
courageous and desperate. 

Just. Atkins. What were they to do ? 

DugdaU. For the killing of the king. 

Z. C.J. Was that in Wuitebread's letter? 

DugdaU. Mr. Whitebread did write those 
words, they were in the letter. 

Whitebread, Was that very word in the 
letter, for killing the king ? 

DugdaU. It was, that t^ey should be stent 
Ind courageous peisons, 



L. C. J. For what end ? 

DugdaU. It was for taking away the king's life, . 

X. C. J. I ask you, recollect yourself, was it 
by way of description of some design or plot, 
that those persons were to be chosen outr Or 
was it in downright words, '.for killing the king?' 

DugdaU. To the best of my remembrance 
they were those very words. 

L. C. J. It was much he would write such 
words in a letter. i 

DugdaU. I was one that was made choice of 
about it. 

Justice Pemberton. Were you to be one J „ 

DugdaU. Yes, I was. 

Justice F * ember ton. Mr. Gavan, you know 
who it was you entertained for this business, and 
you could trust them. 

JL C. J. How were these letters conveyed ? 
Were they sent by the ordinary post ? 

DugdaU. Yes, they were, and they trusted 
me with them, because being diif cted to me, if 
they were intercepted, I should be banged, and 
they saved. 

Justice Pemberton. Upon these letters, what 
were you entertained to do ? 

DugdaU. My Lord, 1 was entertained be? 
fore by my Lord Stafford and Mr. Ewers. 

Justice Pemberton. What to do ? 

DugdaU. To kill the king. 

Whitebread. Pray, Sir, how came you to 
see these letters? Did you intercept them, and 
read them yourself? 

DugdaU. I did intercept them, and open 
them of my own self. 

Whitebread. Pray take notice of what he 
says, gentlemen. 

Recorder. The jury do take notice. 

X. C Baron. Do you know any thing against 
Mr. Turner and Mr. Fen wick ? 

DugdaU. Mr. Ewers hath told me by word 
of mouth, that he was to carry on the design 
in Worcestershire, but I saw him with Mr. 
Ewers and Lewson, and others, when he was 
going to his brother Tamer's then in Notting- 
hamshire, and they did consult and agree there 
in my bearing, to all that I have -said before. 

Turner. What did I assent to ? 

DugdaU. Why this design, you and Mr. 
Ewers and Lewson, and others agreed Xo what 
I said before. 

burner. Where was this ? 

DugdaU. At Tixall and other plaees. 

Turner. In what month ? 

DugdaU. It was oboist two years ago, about 
the beginning of the business,, 

Turner. Where was it ? 

DugdaU. It was at Mr. Ewers's chamber. 
You know. me very well. 

Turner. I have not been in Staffordshire thess) 
four years. 

L. C. J. Why don't you know him, Mr. Tur- 
ner? 

Turner. I do know I have beau -there a mat- 
ter of three or four times in my whole life, but 
have not been there these four years. 

Justice Windham. Have you any thing to say 
against Fenwicki 



343] ST ATE TRIALS, SI Charles II. 167P.— Trial of Thomas WUtdrtad, [S44 



Dugdale. I don't know that I ever taw him 
before. 

Recorder. But be speaks fully as to the 
other four. 

Sir Cr. Letinz. Call Mr. Prance, add swear 
him. Which was done. 

Sir Cr. "Levinz. Come on, Mr. Prance. 
What can you say to Mr. Fen wick or any of 
the others? 

Prance. Mr. Har court, I made him an image 
of our Lady about a year ago, and when 1 was 
receiving money for it, (it was to be sent into 
Maryland) you told me then that there was a 
design of killing the king. 

L. C. J. Who told you ? 

Prance. Mr. Harcourt, that very time. 

Sir Cr. Levinz. When was it ? 

Prance. It was when it was sent to Mary- 
laud, in the Portugal's country : you know it 
well, Mr. Harcourt. 

Harcourt. I know nothing of it. 

Sir Cr. Levinz. Pray let him alone, till we 
have done with him. 

Harcourt. I desire but to know when it was. 

Prance. When I received the money for the 
picture, it was a year ago. 

Sir Cr. Levinz. What say you to Mr. Fen- 
wick ? 

Prance. I was in Mr. Ireland's chamber in 
Russel-strcet, and there was Ireland, Fen wick, 
and Grove, and they were talking of 50,000 
men that should be raised, and be in readiness 
to carry on the catholic cause, and settle the 
catholic religion. I asked who should govern 
them ? They told me, my lord Bellasis, my 
lord Powis, and my lord Arundel. 

L. C. J. Who told you so ? 

Prance. Mr. Fenwick. 

L. C. J. How long ago ? 

J?rancc. About a fortnight Michaelmas last, 
fir. Grove came to me two or threes days after- 
wards, to buy two or tliree silver spoons to give 
away at a christening, and then I asked him, 
what office he should be in ? He told me, he 
could not tell : But he to)d me, my lord Arun- 
del, my lurd Bellasis, my lord Petre, and my 
lord Powis had commissions for these things to 
jive, 

L. C. J. This Grove told yon. 

Prance. Yes, my lord. 

L. C. J. But what did Fenwick tell you ? 

Prance. He told me who were to govern the 
.army, my lord Bellasis, my lord Powis, and my 
lord Arundel of Wardour. 

Sir Cr. Levinz. Had he any discourse with 
yon about trade ? 

Prance. He said, I should not fear trade, I 
should have church work enough. 

Mr. Belwood. Pray speak that again. 

Prance. I asked him, what shall we poor 
tradesmen do, if we have civil wars in England ? 
O, said he, you need not fear having trade 
enough, von shall have church work, enough, 
to make images, chalices, and crucifixes, and 
vases, and such like things. 

Mr. Belwood. If you will ask Mr. Prance any 
questions^ pray do. 



Fenwick. My lord, I am certain of this, that 
he never saw me at Mr. Ireland's chamber, in 
that company, nor did I ever speak of any 
such thine before him. 

Prance. Mr. Ireland and he have been sit- 
ting together whole hours and consulting about 
some concern or other, mischief no doubt. My 
lord, I went to Mr. Fen wick's chamber, after 
my ghostly father was dead. 

L. C /. What was his name ? 

Prance. Father James. And he importu- 
ned me to come to confession to him ; 1 told 
him, I was not yet very well satisfied who I 
should go to, to be my ghostly father. 

Fenwick. When was this Mr. Prance ? 

Prance. Before Michaelmas, about a week 
or eight days. 

L. C. J. Did not you know him, Mr. Fen* 
wick ? 

Fenwick. Who, father James ? yes, very well, 
and I know Mr. Prance, but not upon that ac- 
count. 

Prance. And I brought, you a bell home, for 
the altar, at the same time. 

Justice Pembertan. Who was it importuned 
you |o have him for vour confessor? 

Prance. It was Mr. Fenwick; and I told 
him, when I did come to confession, I would 
come to him. And he enjoined me, once or 
twice, to say nothing of what I had heard said. 

L. C. J. If Harcourt have any questions to 
ask him, let him. 

Harcourt. Can you say that ever I spoke to 
you about any such business? 

Prance. Yes, as sure as I stand in this place, 
and you in that. And one Thompson came 
with you, when you paid me for four candle- 
sticks. 

L. C. J. Do you know Mr. Thompson t 

Harcourt. Yes, I do. 

L. C. J. Had you any candlesticks from Mr. 
Prance ? 

Harcourt. I had a great while ago. 

Prance. He paid me 44/. that time for them. 

Recorder. Call Mr. fi< dlow. Who was sworn. 

Sir Cr. Levinz. What can you say, as to any 
of the prisoners at the bar ? 

L. C. J. What can you say, as to Mr. White* 
bread and Mr. Fenwick ? 

Bedlow. My lord, I do not question, but Mr. 
Whitebread and Mr. Fenwick will object against 
me, my refusing to give in cvideuce against 
them at the former trial ; but 1 think that there 
are some upon your honourable bench, that can 
make my apology fur not giving in all my evi- 
dence against them then ; for it was not conve- 
nient, because it would have stopped a design I 
was then upon, and could not get off from, that 
was about Mr. Reading, whom I was then 
treating with, for Mr. Whitebread and Mr. Fen- 
wick, as well as the lords in the Tower, and he 
told me, that he would depend upon my confi- 
dence and justice as to the lords, according ess 
I did deal with these men ; if I brought them 
off, he would believe, and the lords in the Tower 
would believe, that I would bring them off too. 
So that I did make an apology then in top 



M5] STATE TRIALS, 3 1 Charles II. 1 679 — and others, for High Treason. [346 



Court, chat I could not safely say all that I bad 
to say at that time. Some of the justices, I be> 
lieve, do remember it, and in that which I did 
fire in against them, I did not say all, nor half, 
that 1 could have said. 

W kit e bread. Did you say any thing of that 
at the last trial ? 

Bedltm. I «ill answer that matter to the 
Court, bvt it is the measure they always take 
to in trap the witnesses ; for now lam out of a 
country that wilt give me an indulgence and 
dispensation to speak exactly to a day, or an 
boor, as their St. Omer's witnesses have. 

L- C. J. But what say you now to them ? 

Bedlow. 1 did then say, that I did see Mr. 
Wbifebread, and he hath been in several con- 
sultations for the carrying on of the Plot ; but 
then I did it with a caution, that I never heard 
of Mr. Whitebread, thai he was so very much 
concerned ; and indeed I had no reason to say 
an, because 1 heard him myselt', and could not 
well speak from the hearsay of another. And 
safer Mr. Fen wick, I never heard him give in 
any answer, but I have seen Fenwick at the 
consult there. 

L. C. J. Have they ever told you any thing 
concerning the killing of the king? 

Bedisw. Wbitebread told Coleman, at Mr. 
Jfercourt'a chamber, the manner of sending the 
four radians to Windsor, abont September. 

Har court. I never saw him twice in all my 
fife before. 

Mr. Befaeood. Do you know of any reward 
thos? ruffians were to have ? 

Bedlam. Yes, I saw Harcourt take the mo- 
ney out of a cabinet, I think it was fourscore, 
or 100/. ; the sum I do not well remember. 
Harcourt paid them the money, by Mr. Cole- 
man's order, and gave the messenger a guinea 
from Mr. Coleman, to drink his health. Mr. 
Coleman was gone a little before I came in, and 
so I could not know that Coleman gave it, but 
be said so. 

Sir Cr. Levin?. What was Pickering aad 
Grove to have ? 

Bedlam. Grove was to have 1,500/. and a 
promise of tbe favour of the lords : 1,500/. was 
the sum appointed at Mr. Harcourt's chamber, 
and doubtless in several other places, but there 
I beard it from Mr. Wbitebread, and Prit chard, 
sad Le Faire r apd Kaines ; and Pickering was 
to hare a number of masses, I cannot tell ex- 
actly how many, but they were so many, as at 
IS**, a mast would amount to be equal to Mr. 
Grove. 

Mr. Belwood. Pray, sir, what was that for ? 
Bedlow. For killing the king. But Pickering 
bad been disciplined before, and received a 
check from the superiors, because he had been 
negligent and slipped many opportunities. One 
time the flint of me pistol was loose, another 
time there wa$ no powder in the pah, another 
fan* be nad ; £harged whji all bullets, and no 
po»oer. - , ; 

L C. J. '." Did you see Harcourt deliver the 
{vara, for the eipeditiou of the Windsor busi- 

mi 



Bedlow. Yes, my lord, as from Coleman, to 

drink his health. 

Mr. Belwood. Pray, was either Wbitebread 
or Fenwick knowing of the agreement, when it 
was spoken of? 

Bedlow. I have seen Fenwick at Harcourt's 
and Whitehead's chamber, when it was spoken 
oi ; they were ail of one opinion, they had de- 
creed il I never saw YVhitebread but twice 
at Harcourt's chamber, wbeie one time was 
Harcourt himself; at another time a a* Pnicbard, 
aud Le Faire, and others; at which time sir 
George Wakeman's business was spoken of, 
and because he would not accept the. 10,000/. 
15,000/. was agreed to be given him; and upon 
sn George's trial, 1 shall lei you know where he 
had the money too, but 1 desire to be excused 
at present. 1 shall speak it to-morrow. 

i. C. J. What did they consult there? 

Bedlow. They were consulting how it should * 
be done; and what should be done, if they did 
not do it. Iheu Ireland proposed, that tbe 
most certain way was to do it at his morning 
walks in Newmarket ; 1 en wick was to go, and 
with him went Conyers; 1 heard seven or eight 
of them were to go. 

I^C. 2*aron\Alontague.) What say you to 
Turner? 

BedLw. Of Mr. Turner, I know nothing, 
but what I have heard others say. 

X. C. JB. What say you to Gavan ? 

Bedlow. I know nothing of him, but only I 
have heard Mr. Harcourt say he bath beeu a 
great manager of this business. 

L. C. J. This is nothing to the purpose, 
what others say. 

Bedlow. Mr. Harcourt is no stranger to my 
bringing of packets and portmanteaus over to 
him, from beyond the seas. 

Harcourt. He never brought but one in all 
his life time. 

Bedlow. What, did I never bring but one 
packet ? Have not I brought divers and divers 
portmanteaus ? 

Harcourt. You never brought a portman- 
teau in your life. 

Bedlow. I have brought divers. 

Harcourt. You know 1 never saw you bat 
twice in my life, before to-day, and when I met 
with you at the privy council. 

Bedlow. My lord, the trials have been so put 
off, that I could never get all my witnesses toge- 
ther, but I liave beven or eight of my witnesses 
that are out of town, that would make this very 
dear. My lord, there was never a packet of 
letters that I brought over to Mr. Harcourt, but 
dldHtontain in it a design of the subversion of 
the government; and it must be more than two 

Eackets that 1 have brought over ; fur I have 
rought letters from Watton, and letters from 
St. Omers, and letters from Bruges, and from 
Paris, and from Valladohd and Salamanca; 
and all these letters contained in them the ma- 
nagement of this plot, how far they had pro* 
ceeded beyond sea, and answers how far they 
had proceeded in England, from him, and to 
them, to and again, from time to time, in carry* 



317 J STATE TRIALS, 31 Charles II. 1679.— Tried qf Thoma* Whitebread, [346 



iiig on the design of subverting the. government, 
and altering the religion ; wherein was given an 
account of the array and forces that were to be 
raised, both here, and beyond sea; what con- 
tributions were made, or expected, at home or 
abroad, all was lodged in Mr. Harcourt's hand, 
at leastwise an account of the greatest part. 
And I have been sent to Mr Langhorne with 
papers from Harconrt, about this affair, to re- 
gister them ; and of that I shall give you an ac- 
count, upon Mr. Langborne's triaj. 

X. C. J. Well, now ask him what you will. 

Whitebread. Sir, I desire to ask you one 
question. 

Bed low. I desire it may be asked the Court. 

Whitebread. I desire to ask him whether be 
was a lieutenant in Flanders or no I 

Bedlow. Yes, I was. 

Whitebread. .Of horse, or foot? 

Bedlow. Of foot. 

Whitebread. Take notice, there is no such 
officer of foot in all Flanders. 

Bedlow. I was then in the regiment of the 
prince of Friezland. 

Whitebread. There are no lieutenants in all 
the Flanders companies, only Captains aud 
Alfara's. 

Bedlow. My lord, I had a commission, and 
Ibave a commission to be so, and I desire I 
may send for it. 

L.C.J. It is no very material thing ; as soon 
as it comes, ibey shall see your commission. 

Harcourt. You say you have had papers 
from me, and been very familiar with me: 
Pray, how can this be, when, as I did declare 
before the lords in council, that was the third 
time I ever saw your face? The first time he 
•came Co me, be brought letters from Dunkirk, 
five years ago ; when I opened them I found 
.them directed to other persons, and to them I 
sent thtm, my name being only used in the 
outside cover; and it seems upon that confi- 
dence that lie bad in me at that time, not long 
after, he came to my chamber, and told me, 
He had lately become a Roman Catholic, and 
by that means had lost bis friends, and that he 
then was in want, and, unless I did assist him, 
it would be very hard with him ; though his 
father deserted him, yet he had some friends, 
whom he expected would do something for 
lym, and then I will repay you. 

X. C. J. When was this? 

Harcourt. The second time that I ever saw 
bim in my life, and this is four years since. 
Then said I, what will serve your turn? He told 
me 20*. which I lent to him ; and I never saw 
his face afterwards, till I met him at the privy- 
council ; and therefore, how should a man be- 
lieve a word he says ? 

L> C. J. But how shall a wan know, tb^t 
what you say is true ? 

Bedlow. I will make it appear, at the trial 
of the lords, that I sent to him for 10/. and 
bad it. I cannot now prove it, without bring- 
ing some witnesses that I have behind a cur- 
tain, and I will not discover them till then, they 
•bail not know who they are. 



Mr. Just. Windham. Will jou ask him any 
-questions ? 

Bedlow, My lord, I haye not said the one* 
hundredth part of what I can say, honestly, and 
like a Christian, of Mr. Harcourt. 

Harcourt. You may say what you will, Lut 
you will not speak truth. 
4 Bedlow. Mr. Harcourt went with me to Mr. 
Coleman's, when I carried over the consult. 
There was the greatest part of the design, in 
that which I was to carry over to St. Omers, 
and that consult did I fetch from Mr. Coleman, 
and Mr. Harcourt was with me, and I bad 
thauks from Mr. Coleman for my fidelity in 
the business, and expedition in bringing and 
carrying the pacquets. I was recommended 
to my lord Arundel by Mr. Harcourt, and was 
promised, by bis lordship, all the friendship and 
favour imaginable, when the times were turned. 

L. C. J. Why here, you see, he names several 
places and times, wherein he met with you. 

Harcourt. Not one word of all this is true. 

Bedlow. I desire you to ask Mr. Harcourt, 
my lord, Whether he was not in August, or 
Sept. last, in company with me and Le Fa ire * 

Harcourt. Le Fa ire ! I know no Le Faire. 

Bedlow. Le Fevre, then. 

Harcourt. Le Fevre, I believe I did see at 
that time, but not since. 

Bedlow. Prit chard did recommend the care 
of me to him. 

X. C. J. There, he names another time, 
when you and Pritchard were there together. 

Bedlow. Pritchard was my confident, and 
my great friend, and told them, This is a per* 
son whose fidelity you have tried, in carrying 
over such and such letters, and therefore you 
may very well trust him, and take care of him : 
And so he recommended me, as one that waa 
really fit to understand the bottom of the de- 
sign. And Pritchard did -tell me, before them, 
that the king's death was intended as a part of 
it ; and he sent again another time to Mr. Har- 
court, but it was about no material business; 
and Harcourt gave a Bill of Exchange to carry 
to what citizen I do not know, but to sir George) 
Wakcman, to have 2,000/. by whose orders, ae 
they said, your lordship shall know upon his 
trial, but I saw Harcourt give him the Bill of 
Exchange. 

Mr. Just. Thlben. Who gave the Bill ? 

Bedlow. It was Harcourt, my lord. 

Harcourt. Who was by, when this Bill waa 
given ? 

Bedlow. Kaines, and sir William AndersoQ. 

Harcourt. How was this Bill drawn ? 

Bedlow. It was drawn upon a citizen, and 
left in your hands. 

Harcourt. I desire he may name the citizen, 
and, if he can, make it out; if he do, it will ap- 
pear unen the merchant's books. 

Bedlow. Sir George Wakeman received m> 
Bill of Exchange from Mr. Harcourt, and hie 
was told, Here is a Bill of Exchange for 2,000/. 
as part of a greater sum ; to which sir George 
Wakeman answered, That 15,000/. was .m. 
snail reward for the settling of religion, asvd 



■*■ 

349] STATE TRIALS, Si Charles B. 1679.— -and others, for High Treason. ' [340 



preserving of the three kingdoms from ruin-; 
kit if it were not for such a woman, he would 
never undertake it, but for her he would do any 
thing. And after he had given sir George 
Wakeman the Bill, sir George Wakemnn open- 
ed it, and read it, but I did not tead the name 
(hat was to it. 

Feavick. Aly Lord, it seems not sufficient 
proof, that he saw a hill of exchange, unless 
be says from whom, and to whom, that it may 
be pnrved by the books, or otherwise. 

L. C. J. You say well, Mr. Fenwick, if so 
be be had been the person concerned in the- 
bill, that he were either one that drew it, or waa 
id receive the money, then it was strange that 
be should not know the parties to it : but I 
must tell you, where he was not one nor the 
stber, it was a collateral matter. Do people 
take notice of every particular hill of exchange 
(bat they see, whicn they are neither to pay nor 
receive? 

FeasMcfc. But what reason does he give your 
Mslnp, or the jury, to believe there were such 
abut, unless he does produce either the bill, or 
the penoo that paid it ? 

Bedbse. I did only see the "bill out of Mr. 
Barcoart's hand, but it was read there only by 
sir George Wakeman. 

L C. J. Is it a pin matter, whether there 
was such a bill or no, or whether he had men- 
tioned if or no ? 

itwrkfe* But seeing he hath mentioned it, I 
say there is nothing of proof of it, but only his 
bare word. 

L. C. J. Yes, there is his oath. 

Sir O. Levin 2. And I desire the jury to take 
ftoftce how unreasonable a thing it is that you 
ask. You would have Mr. Bedlow produce the 
bffl of exchange, that was given to sir George 
Wakeman to receive the money. 

Bcdlew. I have only one word more. Sir- 
George Wakeman received the bill of exchange 
from Mr. Harcourt, read it himself, folded it 
up, and went and received the money ; and 
that the court will be pleased to see my com- 
tabsion, for now 1 have it here. 

Which was read by my Lord Chief Justice 
North* said several others. 

Sir Cr m Levinz. We have only this one matter 
to trouble your lordship and the jury with. 
Yoa perceive that hath been given, that the 
main matter begins at the consult of the 24th 
of April, vf hen the consult was ; now to fortify 
this evidence, we are now to produce a letter, 
that was written from one Petre, at St. Oraers, 
a Jesuit, wherein is mention made, that he was 
to give notice