AN EXACT ABRIDGMENT Of all the TRIALS (Not omitting any Material PASSAGE therein) which have been publiſhed ſince the Year 1678;
Relating to the Popiſh, and pretended Proteſtant-Plots, In the Reigns of King Charles the 2d, and King James the 2d.
LONDON, Printed by J. D. for Awnſham Churchill, at the Black-Swan in Avy-Mary Lane, MDCXC.
THat I preſume to preſent this Abſtract to your Honour, the juſt Intereſt your Lordſhip hath, both in it and its Author, is ſufficient Apology.
It muſt never be forgot, what good Service Your Trial (though Your own extraordinary Prudence, and couragious management thereof) did to the Publick, in ſtopping that Sluce of Blood which had unjuſtly been then opened, with a Deſign (which had well-nigh effected) to ſuffocate our Laws, and feed their Tyrannical Arbitrary Power. For 'tis evident, the Fanatick Plot, then, like them that made it, afterward, diſſerted the Stage, and (though your Honour's undaunted Appearance, and powerful Aid) have never ſince (as 'tis hoped they never will) dare to appear amongſt us; the unavoidable Miſchief whence otherwiſe would have followed, moſt Men now are wiſe enough to apprehend.
Your Lordſhip's Vertues indeed, have always (from a very early beginning) rendred You a no leſs real Friend to your Country, than a formidable Enemy to the mightieſt of its Oppoſers: And Your generous Courage hath embolden'd You to expreſs it, even with the greateſt Hazard, in the worſt of Times. You have done and ſuffered much (I'me ſure Your ſhare) for the Publick; and your Lordſhip's laſt generous Eſſay, hath now made all Men very ſenſible of it; ſo that your Honour's Fame needs not the Aid of my Breath to blow it further Abroad. Only I muſt crave your Lordſhips leave to ſay, that I am proud of this Occaſion, to tender your Honour even ſo ſmall a Teſtimony of real Gratitude, from one, who is a Member of a Family that hath been honour'd with a long and uninterrupted Friendſhip of Yours; not only in Your Father's Time, but in Your Lordſhip's ſince.
May Your Honour go on to dazle and outſhine all your Enemies, in faithfully ſerving the beſt of Princes, and the moſt ungrateful of Nations! May Almighty God long preſerve your Perſon and Vertuous Family, in Grace, Health, and Proſperity! And may this your Trial, be the laſt that ever may entitle You to the Patronage of the like Abſtraction! is the ſincere Prayer of,
AS in theſe ten or eleven Years laſt paſt have happened as wonderful Paſſages within this our Iſland, as ever Hiſtory mention'd; ſo are the Records thereof ſurely very valuable to the conſidering part of Mankind. A Collection whereof thou art here preſented with, in a Volume that will ſpare thee both in thy Purſe and Time, without defrauding thee of the leaſt drachm of any material Information.
Here thou haſt the ſubſtance of Forty nine Trials, (conſisting of near ſeven hundred Sheets of Paper: and which bought ſingly, as they were publiſhed, coſt five Pounds or more, (and which now would be difficult to collect at almoſt any price) carefully reduced, comparatively, to a ſmall Bulk and Price, yet ſo as to preſerve a perfect remembrance of Things and Perſons any way materially concerned therein.
As herein was deſigned nothing of Reflection, ſo muſt thou expect only an Abſtraction: And for the Compleatneſs and Sufficiency of this, I ſubmit to thy Cenſure, after thou haſt read what follows. I ſay nothing of the uſefulneſs thereof, becauſe none can have ſo little Concern for the Knowledg and Remembrance of paſt Tranſactions, as not to be aware of it. If it be well done, I am ſure it cannot be ill took.
This may be printed,
HIS Indictment was, for Treaſonable Words againſt his moſt Sacred Majeſty; for which he had been Arraigned the day before, and pleaded; Not Guilty; And therefore his Jury being Imparinelled, and none of them challenged by him, the ſame was read now to them, viz.
To this Indictment, Sir Creſwel Levins, Serjeant Maynard, and the Attorney General briefly ſpoke. The Attorney General giving this Account why they choſe firſt to bring this Man to trial, That it was to convince thoſe who believed all Deſigns againſt the King's Perſon by any Papiſt was but a Fiction; this Man being a Papiſt, and having ſaid theſe words even ſince the diſcovery of the Plot.
2And for the proof hereof, then appeared William Caſters, who depoſed, That on the 14th Inſtant, about 11 a Clock in the Day, he ſaw Stayley with another, a Frenchman, in a Victualling-houſe, who called for a Pot of Ale, and a Slice of Roaſt-Beef; which when it was called for, his Landlord ſaid it ſhould be brought him. He was in another Room oppoſite to him, both the Doors being open, Stayley ſtanding at one Door, and he at the other, his Face ſtrait towards him, and within 7 or 8 foot of him; and diſcourſing with the French-man, he heard Stayley twice over, in French ſay, The King was a Grand Heretick, making his Demonſtration, with his Hand upon his Breaſt, ſtamping five or ſix times with his Foot, in great fury. — That the old Man Fromante, his Friend, ſaid, That the King of England was a Tormenter of the People of God; and that Stayley anſwered again in a great fury, He is a great Heretick, and the greateſt Rogue in the World: There's the Heart, and here's the Hand that would kill him: And the King and Parliament think all is over, but the Rogues are miſtaken: Then ſtamping ſaid, I would kill him my ſelf, I would kill him my ſelf.
Then Alexander Southerland depoſed that he alſo was there, and perfectly ſaw Stayley while he Apoke thoſe words, which preſently he writ down in French, as they were ſpoken: And then (the Priſoner being gone) they enquired his Name, and where he live; and the next day got him apprehended.
The third Witneſ was one Philip Garret, who not underſtanding French, could only depoſe,3 That being with the other two, he heard Stayley ſpeak: Whereupon his Captain, William Caſters, cam to him in a great paſſion, and ſaid, he could not ſuffer it, he would run upon him, he could not be quiet.
To all which the Priſoner made but a weak Defence, relating the manner of his Apprehenſion, and ſaying, That his diſcourſe with Fromante was about the King of France; and that he ſaid, he would kill himſelf, inſtead of, I will kill him my ſelf; alleadging his Loyalty, and proteſting his Innocence; and how that the Witneſſes, after his apprehenſion, would have had him took it up.
Then the Statue of Decimo tertio was read; and Sir John Kirke one of the Jury, who underſtood French, atteſted, that Tranſlation of his words to be true.
Then the Priſoner's Witneſſes were called, who were one Anſelm, the Maſter of the Croſs-Keys in Covent-Garden, where the Priſoner was brought when he was apprenhended; who depoſed, That they kept him in his Houſe from 8 till 11, without any Conſtable. — Which the Witneſſes anſwered was, becauſe they could get no Conſtable to come along with them, without a Warrant from a Juſtice of Peace; and that they ſent to White-hall and deſired a Guard, but the Officer ſaid it was the Conſtables part.
Another Witneſs appeared for the Priſoner, who teſtified, that he had often heard him declare much Loyalty to his Prince, and an averſion to the Jeſuits, inſomuch that if he knew any of the Perſons concerned in this Plot, he would4 be their Executioner himſelf; and that he would loſe his Blood for the King. — But the Ld. Ch. Juſtice reply'd, That was his diſcourſe only when he ſpoke to a Proteſtant.
Then the Priſoner having no more Witneſſes, nor any thing more to ſay for himſelf, the Ld. Ch. Juſtice made a Speech to the Jury, ſetting forth the Treaſonableneſs of the Words, and the manner of ſpeaking them, and the plainneſs of the Proof, with great zeal againſt the Juſuits and their Tenants, (whom he look'd upon as the Foundations of all this Miſchief) excuſing his warmneſs; ſaying, 'Twas better to be warm here than in Smithfield; and that he hoped he ſhould never go to that Heaven, where Men are made Saints for killing Kings.
The Jury then preſently brought the Priſoner in Guilty; who ſaid, he had nothing more to ſay; ſo Sentence was pronounced againſt him, to be Hang'd, Drawn, and Quartered; and the ſame was accordingly executed upon him at Tyburn, on Tueſday following, being Novemb. 26.
It was his Majeſty's pleaſure (becauſe of the Priſoner's ſeeming Penitence, and his Relations humble Petition) to ſuffer his Body to have a decent & private Burial: But his Friends abuſing this gracious Favour, with a publick and more than ordinary Funeral Pomp, his buried Quarters were ordered to be taken up, and to be diſpoſed by the Common Executioner upon the Gates of the City.
HE then and there appearing (having been Arraigned the Saturday before) his Indictment was read to the Jury, viz.
His Indictment was, for endeavouring to ſubvert the Proteſtant Religion, and introduce Popery, and kill the King; Whereto (he having pleaded Not Guilty) Mr. Recorder, Serjeant Maynard, and then the Attorney General ſeverally ſpoke, opening the Nature, and ſhewing the heighnouſneſs of the Crimes therein charg'd upon the Priſoner. After which the Priſoner praying for a favorable Trial, and profeſſing that he had confeſſed all the Truth in the Examinations that had been made of him in Priſon, and that he gave over his Correſponding beyond-Seas in 75.
Dr. Oates was called forth, who depoſed, That in November laſt, he viſiting one John Keins his Father Confeſſor, lodging at Mr. Coleman's Houſe in Stable-Yard, Mr. Coleman by him underſtanding that he was going to St. Omers, told him,6 That he would trouble him with a Letter or two thither, and would leave them with one Fenwick (Procurator for the Jeſuits in London): Which Letters he carried to St. Omers, being directed for the Rector there, and was at the opening of them. The out-ſide Sheet was a Letter of News, and in it Expreſſions of the King, calling him Tyrant; and that the Marriage between the Prince of Orange, and the Lady Mary, would prove the Traytor's and Tyrant's Ruin. In it was a Latin Letter to Father Le-Cheſe, (writ by the ſame Hand) giving him thanks for the 10000 l. which was given for the Propagation of the Catholick Religion; and that it ſhould be imployed for no other Intent and Purpoſe but for that which it was ſent, which was, to cut off the King; which Le Cheſe's Letter (dated in Auguſt, and which he both ſaw and read, and to which this was an Anſwer) poſitively expreſs'd. That Letter was directed to one Strange, then Provincial of the Society in London, which Mr. Coleman anſwered, becauſe Strange having run a Reed into his Finger, had wounded his Hand, and Secretary Mico was ill. This Letter he delivered into Le-Cheſe's own Hand, who gave him a Letter in anſwer to it, which he brought to St. Omers, and was there incloſed in the Letter from the Society to Coleman.
He further depoſed, that in April laſt Old Stile, and May New Stile, there was a general Conſult of the Jeſuits held (by virtue of a Brief from Rome, ſent by the Father General of the Society) firſt at the. White-Horſe Tavern in the Strand, and afterwards in ſeveral Clubs,7 wherein the Death of the King was Conſpired, Grove and Pickering being imployed to Piſtol him in St. Jame's Park; for which Grove was to have 1500 l. in Mony, and Pickering (being a Prieſt) was to have 30000 Maſſes, which at twelve Pence a Maſs amounted much-what to that Mony; to all which Coleman was privy, and in one Letter he writ about it, expreſs'd his diſire to have the Duke trappan'd into this Plot to murther the King.
And in caſe this fail'd, there was a further Deſign lay'd to murther the King at Windſor by four Iriſh Aſſaſſinates, provided by Dr. Fogarthy; and fourſcore Pounds were provided by Father Harcourt (a Jeſuit, and Rector of London) for their preſent Maintainance; which Coleman ſaw upon a Table in Wild-Houſe where he was with Harcourt, and gave the Meſſenger, who was there ready to carry them after the Ruffians to Windſor, a Guiny for expedition, ſaying he lik'd it very well.
Yea, and if this alſo ſhould fail, there were Inſtructions brought by one Aſhby (a Jeſuit) in July laſt to London from Flanders, to proffer 10000 l. to Sir George Wakeman to Poiſon the King; Which 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 this Plot. He ſaid 10000 l. was too little, and therefore he procured 5000 l. more to be added to it; which Sir George Wakeman accepted of, and receiv'd 5000 l. in hand, with a promiſe of the Reſt as ſoon as he ſhould have done the Work.
8He depoſed likewiſe, that a Conſult had been held in the Savoy with the Jeſuits & Benedictine Monks, for the murthering of the Duke of Ormond, and raiſing a Rebellion in Ireland (the Pope's Right to that Kingdom being aſſerted) and 40000 black Bills provided to be ſent thither for the uſe of the Catholick Party; Coleman being privy thereto, and the main Agent therein, being heard to ſay to Fenwick, that he had found a way to tranſmit the 200000 l. for the carrying on this Rebellion in Ireland.
That he ſaw likewiſe, ſeveral Commiſſions come from Rome in Mr. Langhorn's Chamber, among which was one for Mr. Coleman to be Secretary of State; the receipt of which he hath ſince heard him acknowledg.
The Priſoner then offer'd ſomething againſt the Informant; from his telling the King, when he was examin'd before the Council, that he never ſaw him before; Which the Informant obviated, by confeſſing, that there and then he did ſay that he would not ſwear that he had ſeen him before, his Sight being bad by Candle-light, and being then wearied and tired out, but that when he had heard him ſpeak he could have ſworn it was he, but it was not then his Buſineſs.
The other Witneſs then produced againſt the Priſoner was Mr. Bedloe, Who depoſed that he heard Sir Henry Tichbourn ſay, that he had a Commiſſion, and that he brought one for Mr. Coleman (and the reſt of the Lords; from the Principal of the Jeſuits at Rome, by order of the Pope) to be Principal Secretary of State. And9 that he was imployed by Harcourt to carry Letters to Le-Cheſe (the French King's Confeſſor) and was at a Conſult in France, where the Plot was diſcourſed on for killing the King, and did bring back an Anſwer from Le-Cheſe to Harcourt in London, and on the 24th or 25th of May, 1677. he was with Harcourt at Coleman's Houſe, where he heard Coleman ſpeak theſe words, That if he had a Sea of Blood, and an hundred Lives, he would loſe them all to carry on the Deſign: And if to effect this, it were neceſſary to deſtroy an hundred Heretick Kings, he would do it. The Priſoner then asking Mr. Bedlow, if he ever ſaw him in his life: He anſwer'd; You may ask that queſtion: But in the ſtone Gallery in Somerſet-Houſe, when you came from a Conſult where were great Perſons, which I am not to name here, that would make the bottom of your Plot tremble: You ſaw me then.
The Court then proceeded to other evidence, which were the Priſoners Papers; and proved the manner of finding them by Mr. Bradley (a Meſſenger) and that thoſe, which were then produced in the Court, were his, by the Clerks of the Council, and his own Servant; Ordering them afterwards to be read.
The firſt Paper was a long Letter, dated Sept. 29. 1675, ſent to Le-Cheſe; wherein he gives him an account of the Tranſactions of ſeveral Years before, and of the Correſpondence between him and Monſieur Ferrier, Predeceſſor to Le-Cheſe; Aſſerting, that the true way to carry on the Intereſt of France, and the promoting of Popery here in England, was to get that Parliament diſſolved; which (ſays he) had been long10 ſince effected, if 300000 l. could have been obtained from the French King. And that things yet were in ſuch a poſture, that if he had but 20000 l. ſent him from France, he would be content to be a Sacrifice to the utmoſt Malice of his Enemies, if the Proteſtant Religion did not receive ſuch a Blow as it could not ſubſiſt.
The receipt of this Letter was acknowledged by Le-Cheſe, in an Anſwer he wrote to Mr. Coleman (and was then read in the Court) dated from Paris, October 23. 1675. wherein he gives him thanks for his good Service, and promiſes his Aſſiſtance, in order to the promoting the Popiſh Religion.
Then was produced and read, a Declaration which Mr. Coleman (as Secretary) had penned in the King's Name, ſhewing his Reaſons for the Diſſolution of the Parliament.
Then alſo was read a Copy of a Letter written to Le-Cheſe, which Mr. Coleman confeſſed he himſelf wrote, and counterfeited in the Duke's Name; and that when he was ſo bold as to ſhew it to the Duke, the Duke was very angry and rejected it.
Several other Letters were read of Mr. Coleman's to Monſieur Ferrier and others; and particularly one dated Auguſt 21. 1674. to the Pope's Internuncio at Bruſſels, wherein he ſays, The Deſign proſpered ſo well, that he doubted not, but in a little time, the Buſineſs would be managed to the utter Ruin of the Proteſtant Party. And by other Letters he writes to the French King's Confeſſor, that the Aſſiſtance of his moſt Chriſtian Majeſty is neceſſary, and11 deſires Mony from him to carry on the Deſign.
But there was one Letter without Date, more bloody than all the reſt, which was written to Le Cheſe, in ſome ſhort time after the long Letter of Sept. 29, 1675. wherein among many other things, Mr. Coleman expreſſes himſelf thus. 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 domineer'd over this Northern Part of the World; and there never were ſuch hopes of ſucceſs ſince the Death of our Queen Mary, as now in our days. And in the Concluſion of this Letter he implores Le Cheſe to get all the Aid and Aſſiſtance he can from France; and that next to God Almighty, he did rely upon the mighty Mind of his Moſt Chriſtian Majeſty, and therefore did hope Le Cheſe would procure Mony and Aſſiſtance from him.
Then Dr. Oates at the deſire of the Priſoner was call'd again, concerning the time of the Conſult; Coleman offering to prove that he was the moſt part of that Month in Warwickſhire, offering ſomething to excuſe himſelf from the Guilt of Treaſon; but being clearly convic'd in both Points, Sir Francis Winnington (his Majeſty's Solitcior General) ſum'd up the Evidence; to which Serjeant Pemberton added ſomething; and then the Lord Chief Juſtice Scroggs ſpoke to the Jury, who preſently brought the Priſoner in Guilty; who on the Morrow Morning being brought to the Bar, offered again ſomething as to his being out of Town, and pleaded the12 King's Act of Grace, the inſufficiency of which, as to him, being ſhewn, the Ld. Ch. Juſtice directed a very excellent and Chriſtian Speech to him, pronouncing Sentence upon him, to be hang'd, drawn and quartered. And on Tueſday Decemb. 3. following, he was accordingly drawn on a Sledg from Newgate to Tyburn, where he declared, that he had been a Roman Catholick for many Years, and that he thanked God he died in that Religion: and he ſaid 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 him to go on with ſuch like Expreſſions. And being asked if he knew any thing of the Murther of Sir Edmondbury Godfrey, he declared upon the words of a dying Man, he knew not any thing of it; for that he was a Priſoner at that time.
Then after ſome private Prayers and Ejaculations to himſelf, the Sentence was executed upon him.
THen and there were Arraigned, Thomas White, alias Whitebread, William Ireland, John Fenwick, Thomas Pickering, and John Grove, upon an Indictment of High-Treaſon, for conſpiring to murder the King: To which they pleaded, Not Guilty. Their Jury were,
To whom the Indictment was read, and Sir Creſwel Levinz opened it, Sir Samuel Baldwyn opened the Charge, and Mr. Finch (all of Counſel for the King in this Cauſe,) opened the Evidence.
And Dr. Oates being ſworn depoſed, That in December laſt VVhitebread receiv'd a Patent from the General of the Jeſuits at Rome, to be Provincial of that Order. That after that, he ordered Conyers to preach againſt the Oaths of Allegiance and Supremacy at St. Omers upon St. Thomas of Canterbury's day: That he ſent ſeveral Letters thither to Aſhby about Aſſaſſinating14 the King; and in February a Summons to the Conſult held April 24, upon which nine did appear at London, and the Conſult was begun at the White-Horſe Tavern in the Strand, and afterwards adjourn'd into ſeveral little Meetings, wherein a Reſolve was drawn up by Secretary Mico, for Pickering and Grove to go on in their Attempt to kill the King, for which Grove was to have 15000 l. and Pickering 30000 Maſſes; and this Reſolve was ſigned by Whitebread, Fenwick, Ireland, and others, whom he ſaw ſign it. That in June the Witneſs was ſent over to murder Dr. Tongue for tranſlating the Jeſuits Morals out of French; that he met with Fenwick at Dover, whoſe Box being ſeiz'd by the Searchers, then ſaid, that if they had ſearch'd his Pockets they would have found Letters as might have coſt him his Life. That ſoon after Aſhby (who had been ſometime Rector of St. Omers) brought Inſtructions from VVhitebred (who was then looking after his Charge, as Provincial, beyond Sea) that Care ſhould be taken for the Murder of the Biſhop of Hereford and Dr. Stillingfleet, and that 10000 l. ſhould be propoſed to Sir Geo. VVakeman for poyſoning the King; and that nevertheleſs Pickering and Grove ſhould go on ſtill in their Attempts. That the 10000 l. was propoſed to, but refuſed as too little, by Sir George; whereupon VVhitebread writ from St. Omers that 15000 l. ſhould be propoſed, which was both propoſed and accepted, whereof 5000 l. was paid by Coleman, or his Order. That in Auguſt at a Conſult of the Jeſuits with the Benedictines,15 the four Ruffians were recommended by Dr. Fogarthy, to which Fenwick being preſent conſented, and they were ſent away to VVindſor, and the next day 80 l. was ſent after them. That in this Month other Letters came from VVhitebread, ordering Harcourt to ſend one Moor and Sanders, alias Browne, into Scotland, to carry on the Deſign which Fenwick and Ireland had plotted of a Rebellion there. That Pickering and Grove did accept the Terms, and Grove took the Sacrament and Oaths of Secrecy upon it after the Conſult was over in VVhitebread's Chamber. That he ſaw Pickering and Grove ſeveral time walking in the Park together with their Screw'd Piſtols: that they had Silver Bullets to ſhoot with (which he had ſeen) and Grove would have had the Bullets to be champt, for fear the Would to be given by them might be curable. That in March laſt (theſe Perſons having followed the King ſeveral Years) Pickering had a fair opportunity, but that the Flint of his Piſtol being looſe, he durſt not venture to give Fire, for which Negligence he underwent Penance, and had twenty or thirty ſtrokes of Diſcipline, and Grove was chidden for his Careleſneſs. That Fenwick was by when the 80 l. was ſent by Harcourt to VVindſor for the four Ruffians: That he received the Oath of Secrecy which VVhitebread adminiſtred upon a Maſs-Book, Mico holding the Candle. That VVhitebread iſſued out ſeveral Commiſſions, and particularly one for Sir John Gage of Suſſex, which the Witneſs ſaw, to be an Officer in the Army. That in Auguſt there was a Conſult,16 whereat Fenwick was, wherein there was a Deſign laid for killing the Duke of Ormond, and raiſing a Rebellion in Ireland, to which VVhitebread alſo conſented when he came over, as appears by their Entry-Books. That in September VVhitebread having had Intimation from one Beddingfield of the Plots being diſcover'd, and of the ſuſpicion they had of the Witneſs; being waited upon at his Lodgings upon his coming over by the Witneſs, he beat, affronted, and reviled the ſaid Witneſs, commanding him to go beyond Sea again, aſſaulting him in his Lodging afterwards to have murthered him, being jealous that he had betrayed them.
He depoſed alſo that Grove did go about with one Smith to gather Peter-Pence, and that he ſaw the Book wherein it was entred. And confeſſed to him, that he with three Iriſh Men did fire Southwark, for which Grove had 400 l. and the other three 200 l. a piece.
Then Mr. Bedloe depoſed, That he had been five Years almoſt employed by the Jeſuits and the Engliſh Monks in Paris, to carry and bring Letters between them from and to England for the promoting of this Plot; Relating how Harcourt began to employ him, and naming the particular places whither he had been ſent, to ſhew the Reaſons of his knowledg in this matter, ſaying, that in all their Conſults wherein he was, it was always concluded on, That they would not leave any Member of any Heretick in England, that ſhould ſurvive to tell in the Kingdom hereafter, that there ever was any ſuch Religion in England as the Proteſtant Religion. Then he proceeded to17 depoſe that in Auguſt laſt there was a Conſult at Harcourt's Chamber, about killing the King (as Pritchard inform'd him) and of ſending the four Ruffians to Windſor, who failing, it was afterwards concluded Pickering and Grove ſhould go on, and Conyers be joyned with them to aſſaſſinate the King in his Morning-Walks at New-Market; this he heard in Harcourt's Chamber in Auguſt alſo; Grove, and Pickering, and Pritchard, and Fogarthy, and Harcourt, and the Witneſs being preſent. And Grove being more forward than the reſt, ſaid, Since it could not be done clandeſtinely, it ſhould be attempted openly. That thoſe that fell, had the Glory to die in a good Cauſe. But if it were diſcovered, the Diſcovery could never come to the heighth, but their Party would be ſtrong enough to bring it to paſs. That Grove was to have 1500 l. and Pickering a conſiderable number of Maſſes. That there was a Diſcourſe at the ſame time of a deſign to kill ſeveral Noble Perſons: Knight was to kill the Earl of Shaftsbury; Pritchard the Duke of Buckingham, Oneile the Earl of Oſſory, and Obrian the Duke of Ormond.
Then a Letter was produced and read in Court (ſworn by Sir Thomas Doleman to have been found among Harcourt's Papers, four or five days after Dr. Oates had given in his Informations) from one Edward Petre, giving account when the Conſult was to be, as ordered by their Provincial Whitebread, mightily confirming Dr. Oates's Evidence as to that particular.
18Then the Seals alſo were ſhewn in Court that were made uſe of to ſign Commiſſions, taken out of VVhitebread's Chamber.
Then the King's Counſel here ending their Evidence, the Lord Chief Juſtice took notice to the Jury, that there had only one Witneſs ſworn againſt Whitebread and Fenwick; Bedloe charging them with nothing of his own knowledg; and that therefore he would diſcharge them of them, and accordingly he ſent them back to the Goal. And the other three were called upon to make their Defence, which was only a bare denial of the Matter of Fact. Only Ireland being charged in Auguſt laboured very much to prove that he was out of Town all that Month, by the Teſtimony of his Mother, and Siſter, and one Harriſon (Sir John Southcott's Coachman) and one Gifford. His Mother and Siſter ſaying expreſly that he went out of Town Auguſt 3d, and Harriſon that he ſaw him at St. Albans Auguſt 5th, and continued in his Company to the 16th, and Gifford that he ſaw him at the latter end of Auguſt and beginning of September at Wolverhampton, tho it was reproved by very good Circumſtances, and upon Oath for the King, by Sarah Pain (Servant to Grove) that ſhe ſaw him at his own door in London about the 12th or 13th of the ſame Month. His next Defence was a weak Reflections upon Dr. Oates's Credit, to which purpoſe an Indictment for Perjury never proſecuted, was urged againſt him, but the Attourny-General made ſlight of it, as of a thing that had nothing in it. Neither was that which Sir Dennis19 Aſhbournham ſaid of greater force, concerning the Irregularities of his Childhood, which he ſaid would have ſtaggered his Belief of what the Doctor had depoſed if the matter had depended ſolely upon his Teſtimony, but being ſo corroborated with other Circumſtances, he was convinced of the Truth of what he had diſcovered; nor did he think any thing could be ſaid againſt Dr. Oates to take off his Credibility.
The Lord Chief Juſtice then ſumm'd up the Evidence, ſmartly inveighing againſt the Principles and Doctrines of Popery. After which the Jury retired for a very little while, and then brought thoſe three Priſoners in Guilty. And then the Court Adjourn'd till the Afternoon, when being met about five a Clock Mr. Recorder (the Judges being gone home) made an excellent Speech againſt Popery, to the Priſoners, ſentencing them to be drawn hang'd and quartered; which accordingly was executed upon them at Tyburn on Friday, Jan. 24th following.
THE Priſoners there appearing were indicted for the Murder of Sir Edmondbury Godfrey, Kt. one of his Majeſty's Juſtices of the20 Peace for the County of Middleſex, to which they pleaded Not Guilty on Wedneſday Feb. 5. and were ordered to be brought the next day to their Trials: But Mr. Attourny-General the next day moved the Court that it might be deferred till Monday, Feb. 10. that the King's Evidence might be the more ready, which was granted.
On Monday therefore they were brought to their Trials, and the Jury impanell'd were,
To whom the Indictment being read, Sir Thomas Stringer, Serjeant at Law, and of Counſel for the King in this Cauſe, opened the Charge, and Sir William Jones Attorney-General, opened the Evidence.
Then Dr. Oates being ſworn, depoſed, That in September Sir Edmondbury Godfrey in Diſcourſe did tell him what Affronts he had received from ſome great Perſons for being ſo zealous to take Examinations concerning the Plot: And that others who were well inclin'd to have the Diſcovery made, did think that he had not been quick enough in the Proſecution, but had been too remiſs, and did threaten him that they would complain to the Parliament, which was to ſit the 21ſt of October following. That about a21 week before he was miſſing; he came to the Witneſs in a great fright, and told him that ſeveral Popiſh Lords had threatned him, and asked him what he had to do with it? He ſaid he went in fear of his Life by the Papiſts, and that he had been dog'd ſeveral days.
Then Thomas Robinſon Eſq chief Prothonotary of the Court of Court of Common-Pleas, and a Juſtice of the Peace for Middleſex and Weſtminſter, did depoſe that diſcourſing Sir Edmondbury about the Examinations he had taken about his Plot, he ſaid to him, that he ſhould have but little Thanks for his Pains, that he did it very unwillingly, and would fain have had it done by others. And that he did believe, upon his Conſcience, he ſhould be the firſt Martyr.
Then Mr. Prance depoſed, that about two or three Weeks before Sir Edmondbury's Murder; He, Girald, Green, and Kelly met ſeveral times at the Plow Ale-Houſe by the Water-ſide; where Girald and Kelly inticed the Witneſs, ſaying, Sir Edmondbury Godfrey was a buſie Man, and had done, and would do a great deal of Miſchief, and it was a piece of Charity and no Sin to kill him. That they had dog'd him into Red-Lion Fields, but had not an opportunity to kill him. That Hill, Girald, and Green, had dog'd him all Saturday, October 12. laſt, from his firſt going out (Hill having firſt ſpoke with him upon ſome pretended ſtory at his own Houſe) whereof Kelly gave the Witneſs notice; at night they lodg'd him in a Houſe at St. Clements, and about ſeven a Clock Green call'd the Witneſs out of his own Houſe in Princes-ſtreet to Semerſet-Houſe;22 that about eight or nine a Clock Hill came before up the ſtreet, and gave them notice to be ready, and then ſtay'd at the Gate till Sir Edm. Godfrey came by, and then told him, there were two Men a quarrelling, and deſired him to come and try whether he could pacify them; he was very unwilling; but being intreated, he went down till he came to the bottom of the Rails, and then Green twiſted his Handkerchief, and threw it about his Neck, and threw him behind the Rails, and there throtled him, and punched him, and Girald (a Prieſt, as alſo was Kelly) would have thruſt his Sword through him, but the reſt would not permit him, for fear it ſhould diſcover them by the Blood. That about a quarter of an Hour after the Witneſs came down, and found he was not quite dead; and then Green wrung his Neck quite round; that he watch'd the Water-Gate, and Berry the Stairs while the Murder was a doing, but theſe Circumſtances they all told him afterwards. That when he came to them, there was Hill, Green, Girald, and Kelly about the Body, and Berry came to them from the Stairs, and they ſix help'd to carry the Body into Hill's Chamber in Dr. Godwin's Houſe, where it lay till Monday night, ſomething being thrown over it, and then it was removed into Somerſet-Houſe, and Hill ſhew'd it him with a Dark-Lanthorn, Girald, Hill, and Kelly, being then in the Room. On Tueſday Night it was removed back again towards Hill's Chamber, but ſomebody being there, they lay'd it in a Room juſt over againſt, ſuppoſed to belong to Sir John Arundel's Lodgings. There it lay till Wedneſday23 Night about nine a Clock, when they removed it into the Room where it firſt lay; and the Witneſs coming juſt as they were removing it, they were affrighted and run away; but he ſpeaking, Berry came back again, and got the Body up into the Room, and about twelve a Clock they carried it away in a Sedan which Hill brought; that the Witneſs and Girald carry'd the Sedan; Green and Kelly going before, and Berry opening the Gate at an Hem: that they carry'd him into Covent-Garden, and then Green and Kelly to Long-Acre, and then they again to Soe-hoe Church, where Hill met them with an Horſe, on which they ſet the Body aſtride, forcing open his Legs, and Hill held him up, and ſo (leaving the Sedan in one of the new Houſes there till they came back again) Green, Hill, Girald and Kelly, went away with him; and (as they told the Witneſs next morning) they, having run him through with his own Sword, threw him into a Ditch, and laid his Gloves and other things upon the Bank, — That Girald and Vernat did ſpeak of a great Reward to be given for this, from the Lord Bellaſis: — That Girald was reſolved to kill him that Night; and if he could not otherwiſe, he would kill him with his own Sword in the Street that leads to his own Houſe. — That afterwards, He, and Girald, and Vernat, and one Luſon, Prieſts, did dine at one Caſshes, at the Queens-Head at Bow, having a Barrel of Oyſters, and a diſh of Fiſh, which he bought himſelf: That Mr. Vernat ſent a Note by a Cobler for one Mr. Dethick, who preſently came to them, and then they all read the Writing24 of the Murder, and were very merry; but the Witneſs hearing the Door a little ruſtle, went and catch'd a Drawer liſtning, whom he told he could find in his Heart to kick down Stairs, and ſo ſent him away. — That this Vernat was to have been one at the Murder; but ſomething happen'd he could not. — That this Witneſs never knew Mr. Bedloe depoſed, That in the beginning of October laſt, he was ſeveral times treated with, by Le Faire, Prichard, Kains, and ſeveral other Prieſts, about murthering of a Gentleman (refuſing to tell him who it was) promiſing 4000 l. and ſome to aſſiſt him in it. Afterwards that he was commanded by them to inſinuate himſelf into the Acquaintance of Sir Edmondbury Godfrey, which he did by pretending to come for Warrants for the good Behaviour. — That the day before he was murder'd, he ſent his Boy to Sir Edm. Godfrey to invite him to the Tavern, where were Prichard, Le Faire, Welch, Kaines, & another (5 Jeſuits) that they alſo might have inſinuated themſelves into his Acquaintance, but he was not at home. — That the next day Le Faire told him that there was a conſiderable Gentleman to be put out of the way that night, who had all the Informations of Dr. Oates and Dr. Tongue, and if he ſhould not be put out of the way, and thoſe Papers took from him, the Buſineſs would be ſo obſtructed, that they would not be able to effect it till another Age. The Witneſs then told him, that according to his Promiſe he would aſſiſt; and was appointed to meet him that Night in the Cloyſters at Somerſet-Houſe. 25And asking where the Reward was? Le Faire told him, that no worſe a Man was engaged for it than the Lord Bellaſis, and Mr. Coleman had order to pay it: — That the Witneſs ſeeing Le Faire again on Monday night, he was charged by him with his breach of Promiſe; but excuſed it, by his being otherwiſe engaged, and becauſe he would not murther a Man, till he knew who he was; whereupon Le Faire ſaid he would tell him more, if he would meet him that night at Somerſet-Houſe, at nine a Clock; accordingly he did, and walk'd and talk'd in the Cloyſters a great while with him. And then Le Faire told him he had done ill, not to help in this Buſineſs, but if he would help to carry the Body off, he ſhould have half the Reward: Whereupon underſtanding the Murder was done, he asked to ſee the Body; and ſo was brought into the Room where were a great many; and upon viewing the body, knew who it was; and was there told they deſigned to put the Murder upon himſelf, and would carry him out in a Chair, and Berry was to ſit up to let them out. Then they preſs'd the Witneſs to help to carry him out, but he excuſed himſelf, ſaying, it was too early, but about eleven or twelve a Clock it would be a better time, and then he would come again. Then ſaid Le Faire to him, Ʋpon the Sacrament you took on Thurſday, you will be at the carrying off of this Man at Night: he promiſed him he would, and away he came very much unſatisfied in himſelf, having ſo great a charge upon him, as the Sacrament of the Altar; which, after the Diſcovery of the26 Plot, was adminiſtred to him twice a-week to conceal it. Afterwards he went to Briſtol, and being reſtleſs, reſolv'd upon a Diſcovery, and ſo writ to the Secretary of it, and went to the Parliament, and gave in his Information, that then in the Lobby he diſcover'd Mr. Prance, having never ſeen him but that Night when he view'd the Body. — And that the Body was not carryed off that Night becauſe he came not, but was removed and kept longer, for feat of a Diſcovery.
For corroborating of theſe Evidences, Mr. Brown the Conſtable was then ſworn, who depoſed, that he found the Body in a Ditch with a Sword (which his Servants ſaid was his own) run through him, and the end of it was two handfuls out of him. — That there was no Blood to be ſeen any where: — That the Sword had been run into him in another place, which being againſt a Rib could not go through him, but that there was no Blood there: — That he look'd black about the Breſt: — That he ſuppoſed his Neck had been broken, becauſe it was very weak and his Head might be turned from one Shoulder to another: — That his Stick and Gloves were on the Bank-ſide, and he had a great deal of Gold and Silver in his Pocket.
Then Mr. Skillard and Mr. Cambridg, who were Chirurgeons that view'd and ſearch'd his Body, being ſworn, both depoſed to this purpoſe; That they found his Neck diſſocated, and his Breaſt very much beaten and bruiſed, and two Punctures under his left Pap, the one went againſt a Rib, the other quite through the Body,27 both which they believed was given him after his Death, and that he did not die of thoſe Wounds; That he had been kill'd four or five Days, for that he began to putrify and ſmell when they opened him, which was the next day after he was found.
Then Elizabeth Curtis, Sir Edm. Godfrey's Maid depoſed, that ſhe had ſeen Green at her Maſter's Houſe, about a Fortnight before his Murder, and Hill that very Saturday Morning, making it out by good Circumſtances. Lancelot Stringer (a Servant at the Plow-Alehouſe) depoſed, that he had ſeen Girald, all Hill, and Kelly, and Vernat, and Green in Mr. Prance's Company at their Houſe.
Mr. Vincent, the Maſter of the Houſe, ſwore the ſame, as to all thoſe Perſons; which confirming Mr. Prance's Evidence as to that Circumſtance, the Court proceeded to do the ſame as to what related to their meeting at Bow. And therefore,
Richard Cary being call'd, depoſed, that he carried the Letter to Mr. Dethicke, which he gave into his own Hands, he telling him he would be with the Gentlemen preſently; and when he returned and told them ſo, they gave him a Glaſs of Claret and ſix pence; — That he thought Mr. Prance (looking upon him) to be one of the Gentlemen; and Mr. Prance declared him to be the Meſſenger.
Then William Evens, the Boy of the Houſe at the Queens-Head, depoſed that he remembred the Company that was at his Maſters Houſe two or three Months ago, to whom Mr. Dethick came28 (whom he knew very well) and that they read a Paper, and named Sir Edam. Godfrey's Name; and while he was at the door, ſome body came and threatned to kick him down Stairs; — That they dined there, and had a Barrel of Oyſters, and Flounders which one of them bought.
After this Sir Robert Southwel being called and ſworn, depoſed that when Mr. Prance was examined before the King, Dec. 24. he was ſent with the D. of Monmouth, the E. of Oſſory, and Mr. Vice Chamberlain to the Queen, and himſelf to Somerſet-Houſe, where he ſhewed them all the Places where all was done, exactly anſwerable to what he had declared to the King and Council before, only he was at a loſs, and could not be poſitive, which was the Room wherein he had ſeen the Body on Monday Night by Candle-Light; — He depoſed alſo that Hill in his Examination at the Council-Board denyed that he knew Kelly, but that he knew Girald.
Then Mr. Thomas Stringer depoſed, that Berry, upon his Examination before the Lords of the Committee, did ſay, he had Orders from the Queen's Gentleman-Uſher, that he ſhould ſuffer no Strangers, nor any Perſon of Quality to come into Somerſet-Houſe the 12th, 13th, and 14th of October, and that he did refuſe the Prince, but ſent him back again: and that he never before had any ſuch Directions.
In Anſwer to theſe Facts, thus made out, Hill defended himſelf, by affirming that Mr. Prance had perjur'd himſelf, by denying or recanting what he had ſworn before the King; but that was over-ruled by the Court, for that29 Mr. Prance's firſt Impeachment was upon Oath, and his Recantation but only a bare Denial. Beſides, that Capt. Richardſon depoſed, that Mr. Prance did retract his Recantation by that time he had brought him back to his Houſe, and deſired his Pardon; ſaying, it was only fear that made him recant, leſt his Trade ſhould be loſt, and he be in danger of being murdered by the Papiſts; but that what he had ſworn was true, and his Recantation falſe; — Hill produced moreover, Mary Tilden (Dr. Godwin's Neece and Houſe-Keeper) and one Mrs. Broadſtreet, to prove that he ſtirr'd not from home after eight a Clock that Night: the ſame atteſted Katherine Lee, Daniel Gray, Robert How, Thomas Cutler, Richard Lazinby, and Mr. Achbold; — He further urged that Mr. Prance had been tortured, to make him confeſs what he did; and that there were ſeveral about the Court that heard him cry out. But Mr. Prance upon his Oath, utterly deny'd and ſuch thing, affirming that the Keeper had uſed him with all Civility from his firſt Commitment. — Hill's Wife offered alſo a Paper to the Court, containing Obſervations upon the Indictment, which ſhe deſired might be read, but it was refuſed, and ſhe bid to give it her Husband.
Green produced for his Defence, the Teſtimony of James Warrier his Landlord, and his Wife and Maid, which being found to relate to October 19. was deemed nothing to the purpoſe.
Berry produced Corporal William Collet, who affirmed that he on that Wedneſday Night placed his Sentinels at Somerſet-Houſe, Nicholas30 Trollop from ſeven to ten, who confeſſed that in his time a Sedan was brought in: Nicholas Right ſtood from ten to one, who ſaid no Sedan came out in his time; and Gabriel Hasket, who affirmed the ſame for his time: And Eliz. Minſhaw, Berry's Maid affirmed that her Maſter was in Bed that Night by twelve a Clock. — The Sentinels Evidence was only though material; but in regard they could not be ſo poſitive but that they might be miſtaken, by reaſon of the darkneſs of the Night, and Privacy of the Conveyance, their Evidence was not thought ſubſtantial.
Mr. Attorney General then ſpoke to the Concurrency of Prance's and Bedloe's Evidences; and Mr. Solicitor General to the Conſiſtancy thereof. After which the Ld. Ch. Juſtice ſum'd up the Evidence, and directed the Jury, in a very tart Speech againſt the Cruelty of the Romiſh Principles. — Then the Jury withdrawing for a ſhort ſpace, brought the Priſoners all in guilty. Upon which the Ld. Ch. Juſtice told them that they had found the ſame Verdict that he would have found if he had been one with them; and if it were the laſt word he were to ſpeak in this World, he ſhould have pronounced them guilty. At which Words the whole Aſſembly gave a great ſhout of Applauſe.
The next day the Priſoners being brought again to the Bar, Mr. Juſtice Wyld, who as ſecond Judg in that Court, pronounceth the Sentence in all Criminal Matters (except High-Treaſon) ſpoke an excellent Speech to them, wherein he ſhewed them the Greatneſs of their Crime, and gave them good Advice; and then31 ſentenc'd them to be Drawn, Hang'd and Quarter'd; which was accordingly executed upon them at Tyburn on Fryday the 21ſt of Feb. they all denying the Fact to the laſt.
THE Tryals of Thompſon, Pain and Farrel, tho not immediately ſucceeding the Preceeding, yet relating to the ſame matter, and giving not little light thereto, is judg'd not inconvenient to be placed next.
The Jurors Names were
TO whom an Information exhibited by the Kings Attorney General againſt the ſaid Thompſon, Pain and Farrel was read, for writing and printing ſeveral ſcandalous Libels about the32 Death of Sir Edm. Godfrey, reflecting on the Juſtice of the Nation in the Proceedings againſt his Murtherers. Which Information Mr. Thompſon opened, and Serjeant Maynard aggravated the Crimes therein contained.
Mr. Clare then was ſworn, and produced a Copy of the Record of the Conviction and Attainder of Sir Edm. Godfrey: As alſo a Copy of the Inquiſition take by the Coroner of Middleſex, upon the view of the Body of the ſaid Sir Edm. Godfrey, whereby it was found by them that he was murthered, ſtrangled with a Cord by Perſons unknown. Both which (Mr. Clare having ſworn to be true Copies) were read. Then the Execution of Green, Berry and Hill was atteſted by the Oath of Capt. Richardſon, and Mr. Prance and Curtis ſwore that they and Bedloe were Witneſſes at their Tryals.
Then Sir John Nicholas, Sir Philip Lloyd, and William Bridgman Eſq ſwore that the two Letters in the Information (which were ſhewed them) were the ſame that were ſhewed to Thompſon, Pain and Farrel, at the Council; and that Thompſon owned the printing of both; and Farrel owned the bringing of the firſt, and Pain owned the bringing of the other to Thompſon: both which Letters was then read in the Court.
The firſt (which Farrel owned he writ) was intitled, A Letter to Mr. Miles Prance, in relation to the Murder of Sir Edm. Godfrey. The Deſign whereof was to contradict the Evidence given at the Trial of his Murderers, and to fix the Guilt upon himſelf; affirming that the Coroner's33 Inqueſt were firſt of Opinion he was Felo de ſe, and there was much Art us'd to procure their Verdict to the contrary. That the Body was refuſed to be opened; and the Coroner of Weſtminſter's Aſſiſtance rejected, and he diſmiſt with a Guiny. That he was not dogg'd as was ſworn, but was ſeen in ſeveral places, and about three in the Afternoon about Primroſe-hill, walking in the Fields. That he was found in a place inacceſſible by a Horſe, and in ſuch a poſture, as inferr'd he could never be thruſt into a Sedan. That his Body was full of Blood; and when the Sword was pulled out, Blood and Water very much iſſued out of that Wound; and that part of the Sword which was in the Body was diſcoloured, and the Point which was through was ruſty; his Clothes, Belt, and Scabbord, were weather-beaten to Rags, his Body ſtunk, and his Eyes, Noſtrils, and Mouth, were Flyblown; his Eyes ſhut, his Face pale; no Dirt on his Shoes, nor Horſe-hair on his Clothes; and that Bedloe's and Prance's Evidence before the Committee of Lords, very much differ'd. And that all this would be proved by divers credible and undeniable Eye and Ear-Witneſſes. — Dated from Cambridg, Feb. 23. 1681. — Subſcribed Truman. London, printed for M. G. at the Sign of Sir E. B. G's Head, near Fleet-bridg.
The other Letter (writ by Pain) was intituled, A ſecond Letter to Mr. Miles Prance, in Reply to the Ghoſt of Sir E. Godfrey. Which was a Vindication of the Firſt, in Reply to the Anſwer given thereto, by a Paper Intituled, The Ghoſt of Sir E. Godfrey; Diſclaiming the concurrence34 of any Papiſts in publiſhing that Paper, aſſerting for Truth all that had been ſaid therein, which was ready to be proved by many Witneſſes, who were not willing to expoſe themſelves to the fury of that Torrent, which then carried all before it in favour of the Plot, by appearing at the Trial; running over all the Paragraphs of the other Letter, aſſerting what had there been ſaid for Truth; endeavouring to wipe off the Objections given, in a ſcurrilous manner; imputing Melancholy to be predominant in Sir Edm. Godfrey's Family, and that ſuch Accidents were no News thereto, &c. Dated from Cambridg, March 13. 1681. ſubſcribed Truman. London, Printed for Nath. Thompſon, 1682.
Then was read a Paragraph out of N. Thompſon's Loyal Proteſtant Intelligence, Numb. 125. Tueſday, March 7. 1681. which was a kind of Advertiſement of this ſecond Letter's coming out; and an Aſſertion, that all things in the firſt were true; and were ready, by undeniable Evidence, to be made out. Then a Paragraph was read out of another of the like Intelligences, Num. 127. Saturday, March 11. 1681. which was a kind of challenging an Anſwer to the firſt Letter; and of the City's inſpection of the Truth thereof, promiſing Proof to every Tittle, without one Papiſt, or Popiſhly-Affected Perſon being concern'd therein, &c.
Thus, by theſe Letters and Intelligences they endeavoured to ſtifle the Evidence of the King, and arraign the Juſtice of the Nation.
35Then Mr. Sanders (of Counſel for Pain) acknowledg'd the raſhneſs and unadviſedneſs of the Act, but that it was not out of Malice; that he was no Papiſt, nor any of his Family; and how ingenuouſly it was done of him to acknowledg his Letter, much more than to write it, and bring it to be printed. Mr. Gooding (of Counſel alſo for Pain) acknowledged him ſorry for what was done, and offered to give any Satisfaction.
Mr. Yalden (of Counſel for Thompſon) pleaded, That the other two drew him in, and that it was honeſtly done of him to diſcover the Authors; and that what was in his Intelligences, was not ſo much his Fault as the Authors, for whom it was free to put what they would in there, he being paid for his pains.
Mr. Osborne (of Counſel for Farrell) acknowledg'd it a fooliſh thing; but offer'd his Witneſſes to be heard.
Farrell then, firſt of all, called one Mr. Hazard, who depoſed, That he went along with Farrell to ſee Sir E. Godfrey's Body at the White-Houſe. That he lay there upon a Table, and his Eyes were cloſed, and Shoes clean as if he had been upon an Hay-Mow. That he ſaw Gobbets of Blood in the Ditch where he had lain, and likewiſe at a place where there were two or three things to go over.
William Batſon depoſed, That he alſo ſaw the Body at the White-Houſe, and the Blood in the Ditch; but that it looked to him, as if it had been laid there rather than any thing elſe.
36Then one Fiſher, who helped to ſtrip the Body at the White-Houſe, depoſed, That his Shoes were clean, and he ſaw no Blood but on his back-part, where was Blood; that he ſeemed to have been ſtrangled; and his Neck was ſo weak, that it might be turned any where.
Then John Rawſon depoſed, That he help'd to carry the Body away out of the Ditch, and pulled out the Sword; that he ſaw Blood upon ſome Poſts, and upon the Table where it lay, and on the Floor; and that there were ſomething like Fly-blows in his Eyes; tho (being ask'd) he ſaid he ſaw no Flies buſy at that time of the Year. [At which the People laughed.]
Mrs. Rawſon, his Wife, only ſwore, That there was Blood and Water ran through the Table; and that many People ſaid there were Fly-blows, but ſhe did not mind it, tho there was ſomething like Fly-blows.
Then Farrell propoſed to prove the difference between Prance's and Bedloe's Evidence, by Copies of the Journals of the Houſe of Lords; and the Ld. Ch. Juſtice gave him leave freely to prove what he would or could: But he went off from this Proof, and called other Witneſſes, &c.
Mr. Chaſe the Son, depoſed, That he ſaw no Blood in the Ditch, but he ſaw ſome four or five Yards off, which the Conſtable told him followed the Sword when it was pulled out. That he ſaw the Body in the Houſe, wherein was two Wounds, and a great Contuſion on the left Ear, his whole Face much bruiſed, and he believed him ſtrangled; and that thoſe Injuries offered him could not be after he was dead.
37Mr. Hobbs depoſed, That it was his Opinion he was Strangled, his Face was bloted, and the bloody Veſſels of his Eyes full, and he obſerved no Fly-blows.
Mr. Chaſe, the Father, depoſed, That he obſerved the Body beaten, from the Neck to the Stomach, ſo as he never ſaw the like. That Mr. Farrell telling him ſoon after what Proof he could make of this Buſineſs, he diſſwaded him, as being impoſſible to ſay any thing againſt it that had the face of Truth: That after his Book came out, Mr. Farrell, on Eaſter-Eve told him, That ſix Months before he had given him good Counſel if he had taken it.
Then Mr. Brown depoſed, That he ſaw no Fly-blows on the Body, nor ever ſaid he did, but that Mr. Farrell would have had him ſaid ſo; and another time told him, he was wrong in his Affidavit, as if he knew what he could make Affidavit of better than himſelf.
Then Mr. Smith depoſed, That he did not carry any of the Blood home in his Handkerchief, as Farrell had called him for to declare.
Then Mr. Lazingby was ſworn, to declare, Whether Men that kill themſelves, do not look as Sir E. Godfrey's Body did? He depoſed, That he ſeemed to him to be ſtrangled, and that which ſtrangled him was kept about his Neck till he was cold, becauſe his Face look'd bloody and bloted; and that he put his Finger into the Blood, which lay ſome four Yards from the Ditch, and it ſmelt like that which comes from a Body after a Fortnight's Time dead, rather than a Weeks, it being Blood and Water; whereas the Water36〈1 page duplicate〉37〈1 page duplicate〉38will ſeparate from the Blood. That the Body was bruiſed from the Neck to die Stomach, his Eyes were open and Blood-ſhed. That his Clothes were dry, which he admired at, there having been ſo great a Storm the Afternoon before.
Farrell then proffer'd to prove himſelf no Papiſt; but the Ld. Ch. Juſtice told him, His Religion was not worth inquiring into. And Searj. Maynard obſerv'd how little Service his Witneſſes had done him, not one haying ſpoke on his ſide, but quite againſt him; and how little it belonged to ſuch Fellows as he to meddle in this Buſineſs, or to write about it; proffering to call ſome Witneſſes in, to prove him as wicked a Liar as lived; but it was thought unneceſſary, and was therefore waved.
The Ld. Ch. Juſtice obſerving what liberty he had given the Defendant to call what Witneſſes he would, becauſe he was willing to hear what could be ſaid in the Caſe, whether a Doubt could be made in the World, that Sir E. Godfrey was not murdered, &c. — leaving it to the Jury, Whether upon the Evidence, they did not believe them all Guilty of this Deſign, of traducing the Juſtice of the Nation.
The Jury thereupon, without going from the Bar, found them all three Guilty of the Information. And on Monday, July 3. they being brought to the Bar of the Court of King's Bench to receive the Judgment.
Mr Thompſon the Counſellor moved for Judgment; and further to ſatisfy the World, produced Mr. Spence's Affidavit before Mr. Juſtice Dolbin, July 10. 1682. wherein he had depoſed39 that on Thurſday, Octob. 10. 1678. As he was paſſing by Somerſet-Houſe, about 7 at Night, five or ſix Men ſtanding at the Water-gate, laid hold on both his Arms, and dragg'd him about a Yard within the Gate, it being dark; but one of them cried out, (which he believes was Hill, whom he very well knew) and ſaid, This is not he; upon which they let him go.
The Clerk of the Crows ſaid, he knew this Spence, and that he was very like Sir E. Godfrey.
Then John Oakeley's Affidavit was read, which was made before Sir John Moore Mayor, June 22. 1682. and was, That he coming by Somerſet-Houſe, upon Saturday, Octob. 12. 1678. the very day on which Sir E. Godfrey was miſſing, about eight or nine at Night, he ſaw Sir Edmond-bury near the VVater-gate, and paſt cloſe by him, knowing him very well, put off his Hat to him, and Sir Edm. did the like to him; and having paſs'd him, he turned and looked upon him, and ſaw him ſtand ſtill, and a Man or two near him: And that he told this to Elizabeth Dekin two or three days after; and to his Uncle Ralph Oakely of Little St. Bartholomew about a Week after, and to his Father Robert Oakely and ſeveral others in a ſhort time after.
Elizabeth Dekin's Affidavit (who was his Fellow-Servant) before Sir John Moore at the ſame time hereof; and Mr. Robert Breedon's Affidavit (who was their Maſter, and a Brewer, near Sir E. Godfrey's Houſe) made then alſo; that Dekin had told him what Oakely had told her, and that before the Body was found. And Robert40 Oakely his Fathers Affidavit, made at the ſame time that his Son had told him the ſame; and his Uncle Ralph Oakeley's Affidavit of the ſame, before Mr. Juſtice Dolbin, July 4. 1683. were all annexed to corroborate his Teſtimony.
And whereas it had been reported, that Sir E. Godfrey hang'd himſelf, and that one Moore his Clerk cut him down; the ſaid Henry Moore made Affidavit before Juſtice Balam of the Iſle of Ely, July 28. 1681. That the Report was falſe and ſcandalous, and that he neither ſaid nor did any ſuch thing.
John Brown and William Lock alſo, of Maribone, made Affidavit before Sir John Moore Mayor, June 30. 1682. That they viewing the Body on Thurſday, Octob. 17. 1678. as it lay in the Ditch, found that the Pummel of the Sword-Hilt did not touch the Ground by an handful, & c..
Benjamin Man alſo of London Gent. being not called at the Trial, tho twice ſubpoened, made Affidavit before Sir W. Dolbin, July 3. 1682. That being in the Gatehouſe when Green was took, and about to be put into Irons; and underſtanding his Crime, ſaying, he did not think to have found him ſuch a Man; Green thereupon replied, He was a dead Man.
Robert Forſet Eſq of Maribone, made Affidavit alſo before Sir VV. Dolbin, on July 1. 1682. That he was a hunting with his Hounds, on Tueſday, Octob. 15. 1678. and beat that very place where the Body was afterwards found, but there was neither Body, nor Gloves, nor Cane thereabouts then; and that Mr. Henry Harwood41 (who is ſince dead) borrowed his Hounds, and told him, that he beat the ſame Ditch the next day, and that no Body was there, he was ſure, on VVedneſday at Noon.
George Larkin of London, Printer, made Oath alſo before Sir John Moore Mayor, March 22. 1681. That he going to ſee the Body, on Octob. 18. 1678. he met Nat. Thompſon there, who then propoſed the printing of a Narrative of this Murder to him, deſiring his Aſſiſtance; which they afterward agreed to print; and that contain'd, how Sir E. Godfrey's Face was of a freſh Colour, tho in his life-time Pale; a green Circle about his Neck as if he had been ſtrangled, &c. That there was no Blood in the place, and his Shoes as clean as if he had but juſt come out of his own Chamber, which was an evident ſign that he was carried thither, — and that the Coroners Inqueſt found that he was ſuffocated before the Wounds were made, &c. And finally, that one of the Jury affirmed, that his Mother's Servant ſearched all thoſe Grounds for a Calf that was miſſing, Monday and Tueſday, and at that time there lay no dead Body, Belt, Gloves, Stick, &c.
Farrell it ſeems was Truſtee for Fenwick that was executed; and Pain was Brother to Nevill, alias Pain, who was famous for ſcribling for Mrs. Cellier and the Papiſts.
The Court conſulting together, Mr. Juſtice Jones, having firſt ſet out the greatneſs of their Crime, gave the Judgment of the Court, which was, That Thomſon and Farrell ſhould ſtand in the Pillory, in the Palace-Yard, the laſt day of42 the Term, for an hours ſpace, between ten and one; and each of them pay 100 l. Fine, and to be impriſoned till they had paid it. Pain was excuſed from the Pillory, but adjudg'd to the ſame Fine. — Accordingly on Wedneſday, July 5. 1682. Thompſon and Farrell were Pillored, with this Writing over their Heads; For libelling the Juſtice of the Nation, by making the VVorld belive that Sir Edmondbury Godfrey murdered himſelf.
ON Wedneſday, April 16th, 1679, His Majeſties Commiſſioners of Oyer and Terminer did meet at Weſtminſter-Hall, in the Court of King's-Bench, When and where the Commiſſion was Read, and the Grand-Jury Sworn; and then Sir James Butler, the Chief Commiſſioner that then appeared, gave them their Charge, informing them briefly of the Occaſion of their meeting: deſiring them to go together, and take the Witneſſes (being firſt ſworn) along with them; which they did for about half an hour, and then returned, finding it Billa Vera. After which the Court Adjourned to Thurſday, April 24. On which day the Commiſſioners there met, viz.
43After Proclamation made for Attendance, the Lord Chief Juſtice North diſcharged the Grand Inqueſt; and Mr. Reading being ſet to the Bar, his Indictment was read to him;Being for Soliciting, Suborning and endeavouring to perſwade Mr. William Bedloe to leſſen, ſtifle, and omit to give Evidence the full Truth according to his Knowledg, againſt the Lord Powis, Lord Stafford, Lord Petre, and Sir Henry Tichborn, but to give ſuch Evidence as he the ſaid Reading ſhould direct; as alſo for giving the ſaid Mr. Bedloe 50 Guinies in Hand, and promiſing him greater Rewards, for the Ends and Purpoſes aforeſaid.To which he pleaded Not Guilty in Thought, Word, or Deed. Then the Jurors ſworn, were,
Mr. Reading at firſt challeng'd Sir John Cutler, as being in Commiſſion of Peace, and labour'd very much to have made his Challenge good. But the Court over-rul'd it, in regard Sir John was not in the particular Commiſſion then ſitting; and for that he could not challenge him peremptorily, the Indictment not endangering his Life, as it might have been laid, but only for a Miſdemeanour. Thereupon the Court proceeded; and the Indictment being read to45 the Jury, Edward VVard Eſq (of Counſel for the King in this Cauſe) opened it, and Sir Creſwel Levinz opened the Charge. After which, Mr. Reading, to ſave time, admitting thoſe Publick Paſſages laid in the Preamble of his Indictment, (as that Coleman, Ireland, &c. were Executed for Treaſon; and that the Lords in the Tower were accuſed and impeached in Parliament for this Plot) Mr. Bedloe was ſworn, and depoſed, That Sir Trevor VVilliams brought him firſt acquainted with the Priſoner; who began with him as a friendly Adviſer; in publick always preſſing him to diſcover what he knew of the Plot, but in private adviſing him to be cautions, and not to run at the whole Herd of Men, intimating as if the Ld. Ch. Juſtice alſo ſeemed diſpleaſed at his forwardneſs, ſaying, that he would make the Parliament his Friends by proving the Plot; the King his Friend, in not charging all the Lords; and the Lords his Friends, by being kind to them. That the Perſons Mr. Reading moſt ſollicited for, were the Lords Petre, Powis, and Stafford, and Sir Henry Tichborn, Mr. Roper, Mr. Caryl, and Corker: That he ſhould have Mony, and an Eſtate, by the negotiation of the Priſoner at the Bar, to ſhorten the Evidence, and bring them off from the Charge of High-Treaſon. That he and Mr. Reading had ſeveral Conſultations about this matter; none of which he did conceal, but revealed them preſently to the Prince, the Earl of Eſſex, Counſellor Smith, Mr. Kirby and ſeveral others. And that he did not give in his full Evidence againſt VVhitebread, and Fenwick, a Ireland's Tryal, becauſe he was then46 treating with Mr. Reading who had made him eaſie. That the Priſoner, in aſſurance of his Reward, told him, he had order to draw blank Deeds to be ſign'd in ten days after the diſcharge of thoſe for whom the Sollication was made. That he and the Priſoner had a private Conſultation in his Bed-chamber, March 29. laſt, when Mr. Speke, and his own Man Henry VViggens were hid privately in the Room, and over-heard the main of the Conſultation and Overture of Mr. Reading; At what time Mr. Bedloe was to pen his Teſtimony as the Priſoner ſhould direct him, for the mitigation of the Evidence. That when that Paper was finiſhed, the Priſoner carried it to the Lords to conſider of it: And that after they had conſider'd of it, and mended it as they pleas'd, Reading return'd with the Emendations written with his own hand; and deliver'd them to Mr. Bedloe in the Painted-Chamber, who held them ſo behind him, that Mr. Speke, as it was agreed, took them unobſerved out of his hand. [Which Paper being then Produced, was read in open Court.]
Then Mr. Speke was ſworn, who depoſed, That on Saturday morning, March the 29th laſt, he was hid behind the Hangings, between the Bed's-head and the Wall, in Mr. Bedloe's Chamber (as was, agreed on before) and there he heard Mr. Reading's and Mr. Bedloes Negotiation together. That Mr. Bedloe asked the Priſoner, what the Lords ſaid to the Buſineſs, and what the Lord Stafford ſaid to the Eſtate in Gloceſterſhire? To which the Priſoner anſwered, That the Lord Stafford had faithfully promiſed him to47 ſettle that Eſtate upon Mr. Bedloe, and that he had Orders from that Lord to draw up a blank Deed in order to the Settlement, which the ſaid Lord had engag'd to Sign and Seal within 10 days after he ſhould be diſcharg'd by Mr. Bedloe's contracting of his Evidence. — And that the Lords Powis and Petre, and Sir Henry Tichbourn had faithfully engag'd and promis'd to give Mr. Bedloe a very fair and noble Reward, which ſhould be ſuitable to the Service he ſhould do them, in bringing them off from the charge of High-Treaſon. To which when Mr. Bedloe anſwer'd, that he would not rely upon their Promiſes only, but expected to have ſomething under their Hands; Mr. Reading reply'd, That they did not think it convenient ſo to do as yet, but that Mr. Bedloe might take his Word, as he had done theirs; and that he would engage his Life for the performance; With much other Diſcourſe, all tending to the ſame effect. — That on the Monday morning, he ſaw Mr. Reading deliver the Paper to Mr. Bedloe, from whom he received it, and he and Mr. Wharton read it immediately in the Lord Privy Seal's Room.
After him, Henry Wiggen's Mr. Bedloe's Man, depoſed, That he was concealed under the Rugg upon his Maſter's Bed, at the ſame time, and to the ſame intent as Mr. Speke was; giving the ſame Evidence, as to what had been diſcours'd of between the Priſoner and his Maſter in the Chamber; which afterwards he and Mr. Speke writ down. — And that he ſaw Mr. Reading deliver the Paper to his Maſter in the Painted-Chamber,48 and ſaw Mr. Speke take it, who went with another Gentleman into the Lord Privy Seal's Room with it.
After this Mr. Reading began his Defence, Proteſting his own Innocency, producing Mr. Bulſtrode, only to teſtify that the occaſion of his going to the Lord Stafford, was his ſending for him; which yet he did not without leave from the Committee of Secrets. That then he was employ'd by the Lords, only to get them their Habeas Corpus's. And Sir Trevor Williams being called by him, declared how he only recommended Mr. Bedloe to him for his Adviſe, about having his Pardon as perfect as could be. The Priſoner owning his being in Mr. Bedloe's Chamber at that time, and taking his Evidence, and carrying it afterwards to the Lords; but that it was purely out of Conſcience, and to prevent Perjury, and the Shedding of Innocent Blood; and the Deed diſcourſed of was only for 200 l. to be paid him by the Lord Stafford within 10 days after he ſhould be diſcharged, pro Conſilio impenſo & impendendo, to be ſecured upon an Eſtate in Gloceſterſhire; the which Mony, the Lord Stafford indeed told him, when he had received, he might diſpoſe of it as he thought fit (which Confeſſion the Court declared amounted to the Confeſſion of the whole Charge.) Then he endeavour'd the beſpattering the Witneſſes; Relating how Mr. Bedloe had vilify'd Dr. Stilling-fleet, Dr. Tillotſon, and Dr. Lloyd; and that he heard him ſay, he had by him ſeveral Witneſſes that would ſwear whatever he bid them; and that he laid in Proviſions of Fire, Coals and49 Billets, behind the Palſegrave-Head Tavern, and hard by Charing-Croſs, to burn the City of VVeſtminſter; which he produced one Mr. Palmer to ſwear, and that he lent him Mony, as alſo he had Mr. Speke, which was yet unpaid (which proved to be 6 s. 8 d. for an Order, which was for Mr. Speke's Brother); aſperſing them with being Eves-droppers; multiplying words, to little purpoſe. His Defence therefore being Artificial, (as the Lord Chief Juſtice told him) becauſe nothing to the purpoſe. Nay, Mr. Juſtice VVild told him, he diſgrac'd his Profeſſion by making ſo weak a Defence. And Bedloe own'd ſome of the Crimes he beſpattered him with, as part of the Guilt for which the King had given him his Pardon, and farther Depos'd, That Mr. Reading was to have 100 l. a Year, out of every 1000 l. a Year of Bedloe's Reward.
The Ld. Ch. Juſtice ſumm'd up the Evidence, to which the Ld. Ch. Baron added ſome little; and then the Jury, after a ſhort receſs, brought the Priſoner in Guilty. And then the Court Adjourn'd for half an hour when being met again, and the Priſoner at the Bar, The Ld. Ch. Juſtice Sentenc'd him, to be Fined 1000 l. to be impriſoned for the ſpace of a whole Year; and to be ſet in the Pillory for the ſpace of one hour in the Palace-Yard in VVeſtminſter. On the Monday following he was Pillored accordingly, the Sheriff having a particular Charge of his Perſon; that nothing but Shame and Infamy might befal him, to which he had been condemned, and did deſerve as well as any Man that ever was convicted.
THen and there the Court being met, and all the Judges of England preſent, Proclamation was made of Silence and Attention whilſt the King's Commiſſion of Oyer and Terminer, and of Goal-Delivery were openly read; then the Priſoners being ſet to the Bar, James Corker (a Prieſt and Jeſuit, brought thither to be tried with them) preſented to the Court a Petition, ſetting forth that he was abſolutely ſurprized, and unprepared for his Trial, and therefore beſought the Court that he might not be tried till the next Seſſions. To which the Court ſeemed inclinable enough, nor did the Attorney General gain-ſay it, upon condition that he could really make it out, that he wanted Witneſſes, without which he could not make his Defence. However it was thought fitting that he ſhould hear the Charge that was againſt him read: to the end he might be able to give the Court an account what Witneſſes he had, that might avail him in reference to his Defence51 againſt it, which being done, (the Indictment being in general for High-Treaſon, in conſpiring the Death of the King, the Subverſion of the Government, and Proteſtant Religion) the former Queſtion was put to him again, and then he named one Alice Gatton now at Tunbridg, as a Witneſs to prove that he was not in Town upon the 24th of April; ſo that being reſpited till the next day, the Court ſaid nothing farther to him that Sitting.
Immediately after the Indictment was read, VVhitebread repreſented to the Court, that in regard he had been tried upon the 17th of December before, upon the ſame Indictment; at what time the Jury being impanell'd, and the Evidence found inſufficient which came in againſt him, the Jury was diſcharged without a Verdict, he was informed that no Man could be tried, and conſequently put in Jeopardy of his Life twice for the ſame Cauſe. For which reaſon he pray'd for Counſel to direct him upon that Point in matter of Law. He urged that his Life was in danger, as being deliver'd over in Charge to the Jury: and to make it out he alledg'd the Caſe of Sayer, in the 31 Eliz. who having pleaded to a former Indictment for a Burglary, was indicted a ſecond time, upon which it was the Opinion of the Judges, that he could not be indicted twice for the ſame Fact. He likewiſe deſir'd a ſight of the Record, and that he might be informed, whether or no when a Perſon comes upon his Trial, he ought not either to be condemned or acquitted? Upon the whole matter, and his Motion together, the52 Court declar'd to him, that the Jury being diſcharg'd of him, his Life was in no danger. For that the Jury being ſworn to make a true deliverance or the Priſoners in their Charge, their Charge could not be full till the laſt Charge of the Court, after Evidence. Moreover, he was told that ſuch a Plea as he produc'd could not be ſupported without a Record, and it was certain there was none here, becauſe there was no Verdict; and beſides, this was not the ſame Indictment, in regard it contain'd new matter.
Then Fenwick offered the ſame Plea, his Caſe being the ſame, appearing before with Whitebread upon his Trial: but the Court returning the ſame Anſwer to him as to the former, they both ſubmitted, and ſo all of them pleaded ſeverally Not Guilty to the Indictment.
Then the Jury being to be impanell'd, they unanimouſly excepted (without naming them) aganiſt all thoſe Perſons that had ſerv'd before as Jury-Men in the ſame Cauſe, which the Court allowed them, as but reaſon. And the Jury therefore that were ſworn were theſe twelve.
To whom the Indictment being read, Mr. Belwood (of Counſel for the King in this Cauſe) open'd the Indictment, and Sir Creſwel Levinz53 proved the Charge, and then Dr. Oates was firſt called, and being ſworn he depoſed, That Whitebread was made Provincial the laſt December was twelve Month; and by virtue of his Authority, order'd one Conyers to preach in the Engliſh Seminary upon St. Thomas of Becket's-day, that the Oaths of Allegiance and Supremacy were Heretical, Antichriſtian and Deviliſh: which accordingly was done. That in January or February he wrote Letters to St. Omers concerning the State of Ireland, of which he had an account from Arch-biſhop Talbot, who wrote him word, that there were ſeveral thouſands of Iriſh ready to riſe, when the Blow (by which was meant the King's Murther) ſhould be given in England, and he hoped it would not be long ere it was given. That he ſent over two Jeſuits into Ireland in January to ſee how Affairs ſtood there; of whoſe return he writ an account to St. Omers in April, and of the Conſult to be that Month, at which he was, and ſigned a Reſolve at Wild-houſe, that Pickering and Grove ſhould go on in their deſign to diſpatch the King, as a very excellent Expedient. That in June he went over into Flanders to look to his Charge, as Provincial, and there in diſcourſe with ſome of the Fathers, he uſed this Expeſſion,That he hoped to ſee the black Fools Head at White-hall laid faſt enough; and that if his Brother ſhould appear to follow his ſteps, his Paſsport ſhould be made too.That alſo upon Sir George Wakeman's refuſing to poiſon the King for 10000 l. he adviſed the adding of 5000 l.54 more, and was highly pleaſed that he had accepted it.
Mr. Dugdale's Evidence againſt him was, That in a Letter from Grove to Ewers, he ſaw one of Mr. Whitebread's, to take none but ſtout deſperate Fellows, not mattering whether they were Gentlemen or no, and that they were to take away the King's Life. That he had ſeen Whitebread at Harcourt's Chamber with Le Faire, Pritchard and others, where they fell into diſcourſe concerning Sir G. Wakeman's bogling at 10000 l. and ſo agreed to make it up 15000 l. to which Whitebread readily conſented.
Mr. Bedloe ſwore againſt him, That it was Whitebread that gave Coleman an Account of ſending four Iriſh-Men to Windſor.
As to Fenwick, it was ſworn againſt him by Dr. Oates, that when he came over in June, he met with Fenwick at Dover, who came with him to London, and upon his Box being ſeized by the Searchers, he heard him ſay, That if they had ſearched his Pockets, as they had his Box, they had found ſuch Letters as would have coſt him his Life; for, ſaid he, they were about our Concern in hand. That he and one Aſhby, or rather Thimbleby, then brought over Inſtructions from Whitebread, to offer Sir G. Wakeman 10000 l. to poyſon the King, and for filling up a blank Commiſſion to Sir John Gage to be an Officer in the Army. That Aſhby being to go to the Bath, Fenwick with Harcourt did adviſe him, upon his leaving that place, to take a turn about Somerſetſhire, and to poſſeſs the People there with the matter, not doubting but that before he came55 up to Town again to have the Gentleman at VVhite-hall diſpatch'd, whom they called the black Baſtard. That Fenwick was with others at VVild-houſe upon the 21ſt of Auguſt, at what time there was 80 l. before them on a Table, which was for thoſe that were to kill the King at VVindſor, and was preſent when the Money was paid to the Meſſenger. That he alſo being at a Conſult of the Benedictines, received advice from Talbot out of Ireland of a deſign to kill the Duke of Ormond, deſiring Commiſſions and Mony for advancing the Deſign. Upon which the ſaid Fenwick ſent Commiſſions to Cheſter by an Expreſs, and other Letters by the Poſt; and moreover he deliver'd the Witneſs Money for his neceſſary Expences, charging him to procure ſome Maſſes to be ſaid for a proſperous Succeſs of the Enterprize.
Againſt Fenwick, Mr. Prance depoſed that in Ireland's Chamber in Ruſſel-Street about a fortnight before Michaelmas laſt, there was Ireland, Fenwick and Grove talking of 50000 Men that ſhould be raiſed, and be in readineſs to carry on the Catholick Cauſe, and were to be govern'd by the Lords Bellaſis, Powis and Arundel: And that he, asking them what would become of Tradeſmen, if Civil Wars ſhould be again in England? Fenwick bid him never to fear a Trade, for there would be Church-work enough for him, as Crucifixes, Images, and the like.
Mr. Bedloe being ſworn, depoſed that he bad ſeen Fenwick both at Whitebread's and Harcourt's Chambers, when the Murther of the King was56 diſcourſed of, and that he agreed with the reſt, and conſented to it.
Againſt Harcourt, Dr. Oates depoſed, That he was one of thoſe that were at the great Conſult, and ſign'd the Reſolve. And that he was preſent at the filling up of the blank Commiſſion to Sir John Gage; And paid the Meſſenger the 80 l. which was for the four Aſſaſſinates at VVindſor in his own Chamber.
Againſt him Mr. Dugdale ſwore, that he being pitch'd upon to be one of the King's Murderers, was by Harcourt choſen to be diſpoſed of at London for that purpoſe, under the Tuition of one Mr. Parſons. That there was a Letter from Paris which paſs'd through Harcourt's hands, to prove that it was the opinion of them at Paris and St. Omers, to fling the Death of the King upon the Presbyterians, whereby they ſhould bring in the Epiſcopal Party into the Papiſts Company, to revenge themſelves of the Presbyterians; and after that, to go on to a Maſſacre, and thoſe that eſcaped it, to be afterwards totally cut off by the Army. That he alſo had ſeen ſeveral treaſonable Letters, at leaſt an hundred of them, all ſent from Harcourt to Ewers under a Cover from Groves, which he had intercepted and read. That the firſt Intelligence of the Murther of Sir Edmondbury Godfrey, which they had in the Country, was ſent from Harcourt, which Letter was received on Monday, and bore Date on Saturday, upon the Night of which Day the ſaid Murther was committed, with theſe particular words, This Night Sir Edmondbury Godfrey is diſpatch'd. In Confirmation of which57 Particular, Mr. Chetwin was ſworn, who depoſed, that on Tueſday after the Murder, one Mr. Sanbidge (a Kinſman of the Lord Aſtons) came to him from Elds, an Ale-houſe, and ask'd him, if he heard not of a Juſtice of Peace at VVeſtminſter that was kill'd? the Girl of the Houſe having told him that Mr. Dugdale had reported there that Morning that ſuch an one was kill'd.
Mr. Bedloe being ſworn, depoſed alſo, that he ſaw Harcourt take the 80 l. out of a Cabinet, and pay the Mony to the Meſſenger that was to carry it to the Ruffians at Windſor, giving the ſaid Meſſenger at the ſame time for Expedition a Guinea, as from Coleman, to drink his Health. — That in Harcourt's Chamber 1500 l. was agreed upon and appointed, as likewiſe the number of Maſſes, for Grove and Pickering for killing the King; — That he was one of thoſe that agreed and conſented to the addition of 5000 l. to the firſt 10000 l. to be given to Sir G. Wakeman. — That he brought Harcourt ſeveral Letters from Wotton, St. Omers, Bruges, Paris, Valladolid, and Salamanca, all of them for carrying on the Plot, ſhewing what Men, and Mony was in readineſs, and what more expected. — That the Contributions and Accounts lay generally in Harcourt's Hands, and that he had carried ſeveral Papers from Harcourt to Langhorn concerning the ſame matter. — That he carryed a Conſult to St. Omers from Mr. Coleman, to whom Harcourt went with him, and that in that Conſult was the main of the Deſign; — Alſo that he ſaw Harcourt give Sir G. VVakeman a Bill upon ſome certain Citizen for 2000 l. telling him at58 the ſame time, that it was in part of a greater Sum.
Then two Papers were produced and read in Court, which Sir Thomas Doleman depoſed he found amongſt Harcourts Papers; the firſt was a Letter from one Mr. Petre, giving an account when the Conſult was to be, adviſing Secreſy, as to time and place, it appearing of its own Nature neceſſary. The other was a Letter from one Chriſtopher Anderton, dated from Hilton (by which was meant Rome) Feb. the 5th, 1677 / 8. wherein mention was made of the Patents being ſent thence: both which Letters the Priſoners ſtrugled much to vindicate by ſuch forced Conſtructions of the matters they contained, as all the Court rejected.
Againſt Gavan Dr. Oates depoſed, That he ſaw his Name to the Reſolve, though he could not ſwear he was at the Conſult of the 24th of April: That he gave an account from time to time of the Affairs of Staffordſhire and Shropſhire, relating to the Plot; and that coming to London, he gave the ſame account to Ireland his own Chamber, and talk'd of two or 3000 l. that would be ready for the Deſign.
Mr. Prance then depoſed, that Harcourt had told him above a Year before, (as he was paying him for an Image of the Virgin Mary,) that there was a Plot upon the Life of the King.
Mr. Dugdale depoſed againſt him, that it was he who had engaged him in the Plot upon the Life of the King, and often perſwaded and encouraged him to it. — That at Ewer's and his Chambers at Boſcobel and other places, ſeveral59 Conſultations had been had about the Death of the King, and bringing in of Popery; wherein Mr. Gaven was always a great Man, being a good Orator to perſwade People in the Deſign: — That at the ſame Conſultations he had heard the Maſſacre often diſcours'd of. And that Gaven ſhould ſay,That tho they were but in a low condition themſelves, yet they would have Men and Mony enough to ſpare for ſuch a Deſign.— That the ſaid Gaven had many times endeavoured to convince him of the Lawfulneſs if not the Merit of killing any perſon whatſoever for the Advancement of their Religion.
As to Turner, it was ſworn by Dr. Oates, that he was at the Conſult of Fenwick's Chamber, and ſign'd the Reſolve.
Mr. Dugdale alſo depoſed, that Ewers had told him that Turner was to carry on the Deſign in VVorceſterſhire. — That the ſaid Turner had met with Ewers, Leveſon and others, in ſeveral places, and had in every one of them given his conſent to, and aſſiſted with his Counſel in the carrying on of the grand Deſign of killing the King, and introducing of Popery.
This was the main of the Evidence for the King. The Priſoner's defence lay chiefly in ſeeking to invalidate the Teſtimony given againſt them; and to prove Oates perjured; they produced theſe St Omers Witneſſes, who teſtify'd that he was not in England in April, viz. Mr. Hilſley, William Parry, Doddington, Gifford, Palmer, Cox (who differed in his Teſtimony from all the reſt, and cauſed two great Laughters in the Court) Thomas Billing, Townley,60 Fall, John Hall (Butler), Cooke (a Taylor); ſome of which were ſo poſitive, that they affirmed that Dr. Oates never lay but two Nights out of the Colledg from December till the middle of June. — And to prove further, that he did not come over with Sir John VVarner, and Sir Thomas Preſton (as he had depoſed elſewhere) one Bartlet (a Dutchman) Carlier Verron, Baillee (who ſpoke by an Interpreter) John Joſeph and Peter Carpenter appear'd.
Then Gaven produced two Witneſſes to prove him to be at VVolverhampton in Staffordſhire at the time of the Conſult, viz. one Mrs. Kath. VVinford (at whoſe Houſe he there lodged) and Mary Poole, a Servant in the Houſe; the latter of whom was ſo lame in her Teſtimony, as cauſed both Laughter and Shouts. He produced four more, that affirm'd him to be in VVolverhampton the laſt week in July, but none that could ſpeak to the other three weeks in that Month. However he proteſted his Innocency, and deſired to put himſelf upon the Trial of Ordeal.
Then VVhitebread in his defence offered to prove D. Oates miſtaken in his Evidence at Mr. Ireland's Trial, which the Court would not allow.
Harcourt endeavoured to prove Dr. Oates miſtaken as to Ireland's being with him in his Chamber in Auguſt. One Gifford, the Lady Southcott, Sir John Southcott, Mr. Edward Southcott, (his Son) Mrs. Harewel, her Daughter, Eliz. Keeling, Pendrel, and his Wife, two Mrs. Giffords, and one Mr. Bedloe affirming him to have been moſt of that Month in Saffordſhire.
61Fenwick offer'd to invalidate Mr. Bedloe's Evidence, from his having been an ill Man, &c.
Then Sir Creſwel Levinz (of Counſel for the King) ſumm'd up the Priſoners Defence, and to clear Dr. Oates's Evidence about Ireland, he called Sarah Pain, who ſwore that ſhe ſaw Ireland in London about the middle of Auguſt. And for the Proof of Dr. Oates's being in England at the time he ſaid he was, Mr. VValker (a Miniſter) Mrs. Ives, Mrs. Mayo, Sir Richard Barker, Philip Page, Butler, (his Servants) Mr. Smith (Schoolmaſter of Iſlington) and Mr. Clay, a Popiſh Prieſt; all depoſed as to his being ſeen in April and May (78): to which the Priſoners only oppoſed the Number, and Innocency of their Evidence (being moſt young Boys). After which the Ld. Ch. Juſtice directed the Jury: and in ſumming up the Evidence, inſiſted particularly on Dugdal's Evidence concerning Sir Edmondbury Godfrey's Death, as a mighty Confirmation of the Plot. — Then an Officer was ſworn to keep the Jury, who withdrew; and the Judges alſo went off from the Bench, leaving Mr. Recorder, and a competent number of Commiſſioners there to take the Verdict; and about a quarter of an Hour after, the Jury brought them all in Guilty. — Then the Priſoners were carried back to Newgate, and the Court adjourned till eight next Morning. And then Mr. Langhorn was tried, and found guilty: After which, they were all ſix brought to the Bar together, and received Judgment to be Drawn, Hang'd and Quartered: which accordingly was done upon theſe 5 Jeſuits and Prieſts, on Friday, June the 20th, at Tyburn.
HIS Indictment was for conſpiring the Death of the King, Subverſion of the Government and Proteſtant Religion: whereto he pleading Not guilty, the Jury were impannelled for his Trial; who were,
To whom the Indictment being read, Roger Belwood Eſq (of Counſel for the King in this cauſe) opened the Indictment, and Sir Creſwel Levins proved the Charge. And,
Then Mr. Dugdale was firſt called to give Evidence of the general Deſign, from which afterwards it would be brought down particularly to Mr. Langhorn: who therefore depoſed, that he had been in ſeveral Conſultations for alteration of this preſent Government, and for the introducing of Popery, and Murther of the King; that he was to have a Sum of Money to be one of them that ſhould kill the King; being put upon it by Mr. Ewers, Mr Gavan, Mr. Luſon, and Mr. Vavaſor, all Jeſuits, that there was then to63 have been a Maſſacre of the Proteſtants, and then an Army to have appear'd to have cut off thoſe that might eſcape the Maſſacre: that theſe Conſultations were in Staffordſhire; one at Tixal, another at Boſcobel, at my Lord Aſton's and Mr. Gerrard's. — Alſo that Mr. Ewers received a Letter on Munday, dated on Saturday from Mr. Harcourt, which did expreſs and begin thus; [This very night Sir Edmondbury Godfrey is diſpatched] with ſome other words of like Import.
Then Mr. Prance depoſed that he was told by the Lord Butler, that one Mr.