Journal of the House of Lords: Volume 14, 1685-1691. Originally published by His Majesty's Stationery Office, London, 1767-1830.
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DIE Veneris, 20 die Decembris.
Bill to prevent Doubts in collecting the Revenue.
ORDERED, That the Consideration of this Bill is committed to a Committee of the whole House; to meet To-morrow, at Ten of the Clock in the Forenoon, the First Business; and that the Patents therein mentioned be then produced.
Message from H. C. with a Bill.
Report from the Committee for Inspections of Examinations, concerning the Murders of L. Russell, Col. Sydney, Sir T. Armstrong; and Cornish; the Advisers of Quo Warrantos, and Advisers of the Dispensing Power:
The Earl of Stamford reported, from the Lords Committees appointed to consider who were the Advisers and Prosecutors of the Murders of the Lord Russell, Colonel Sidney, Sir Thomas Armstrong, and Mr. Cornish; and who were the Advisers of issuing out of Writs of Quo Warrantos against Corporations, and who were their Regulators; and also who were the public Assertors of the Dispensing Power.
Dr. Tillotson's Examination;
"To the Question, "Whether the Doctor wrote a Letter to the Lord Russell, June 20th, 1683?" This Examinant, by his Answer, saith, That indeed he did write such a Letter, the Day before the Lord Russell died.
"This Examinant saith, That Dr. Burnet, the present Bishop of Salisbury, coming from the Lord Russell, told him, "That he believed that he had brought him to a Willingness to declare his Satisfaction in that Point which the Letter relates to; and desired this Examinant to go to the Lord Hallifax, to acquaint him with it, that his Lordship might mitigate the Thing to the King, and so be a Means to save the Lord Russell's Life."
"This Examinant saith, That the Lord Hallifax told him, "he would do it;" and the next Day said, "he had done it, and that the King seemed to be more moved with it than by any Thing else that had been said before."
"On Thursday after, this Examinant saith, he waited on the Lord Russell; and told him, "that he was very glad to hear his Lordship was satisfied as to that Point, hoping it would improve to his Advantage." But his Lordship told him, "he was not so clearly convinced in that Matter." This Examinant saith, That he in Reply told him, "he was very sorry for it; because the Message had been carried to the King, That he was convinced of it, and would declare it at his Death; for so he had been informed his Lordship said: "That Doctor Burnett had discoursed much with him about it, and that he was very willing to be convinced; but yet he could not say he absolutely was so.
"This Examinant saith, That he was much troubled at this, for his own Sake, as well as his Lordship's, because that he had been the Occasion of sending a Message to the King, which seemed to contradict him.
"Hereupon this Examinant saith, That the next Day, which was Friday, he wrote the abovementioned Letter, which he carried along with him to his Lordship; fearing that, being so near the Time of his Suffering, his Relations would be with him, and so he might not have the Opportunity of speaking with him himself; but when this Examinant came, he found there none with him but his Lady. He told his Lordship what he intended, "that, being his Time was so very short, he rather chose to give him that Letter, than to trouble him with a long Discourse:" His Lordship received it, and, rising up, went into his inner Room; and staying there some Time, when he returned he told him, "that he had read the Letter, and was willing to be convinced, but he could not say he was so;" and withal, he told this Examinant, "it was not then a Time to trouble himself with Politics;" but said, "that though he was in an Error, yet, being willing to be convinced, he hoped God would forgive him." And this Examinant saith, he made Answer, "that he hoped so too." After a little further Discourse of that Matter, this Examinant saith, he told his Lordship, "he would trouble him about it no more;" nor did he; but, after his Lordship came out of the Room, he gave this Examinant his Letter again.
"This Examinant saith, That, after he left his Lordship, he went to the Lord Hallifax, whom he told, "he was sorry he had begged his Lordship's Favour to employ himself on that Message, not finding the Lord Russell so fully satisfied as Dr. Burnett believed he was, though, he saith, he had endeavoured all he could to give his Lordship Satisfaction in the Matter, and had written a Letter to that Purpose, which he delivered into his own Hands himself." Thereupon, this Examinant saith, he shewed that Letter to the Lord Hallifax; and just as he began to read it, One of his Servants came in, and told him, "that a Foreign or Spanish Ambassador was coming in;" therefore this Examinant saith, he told his Lordship, "he must leave the Letter with him."
"The next was the Day of the Lord Russell's Suffering; and this Examinant saith, he attended him on the Scaffold, and did not speak with the Lord Hallifax till some Days after. He saith, the Reason why he applied himself to the Lord Hallifax upon this Occasion was, because he believed his Lordship would do the Lord Russell all the Good he could.
"This Examinant saith, That, the Day after the Lord Russell died, he was commanded to appear at the Cabinet Council; which he did; and there the King, the Duke of Yorke, the Lord Keeper North, the Duke of Ormond, the Lord Hallifax, the Lord Rochester, and Sir Leonile Jenkins, were present.
"This Examinant saith, There the King asked him, "Whether he had any Hand in the Paper which was published in the Lord Russell's Name?" To which he answered, "he had not;" after which, the King seemed to be satisfied.
"This Examinant saith, That he gave no Copy ('tis true he kept a Copy, but it was in short Hand); but when Mr. L'Estrange shewed him a Letter, he desired him to read it; and when he had, this Examinant saith, he told him, (excepting Two or Three Words which he shewed him to alter) "it was his."
"Some Day in the Week after, this Examinant saith, the First Time he spake with the Lord Hallifax, he asked him, "How his Letter came to be published?" To which he was answered, "That, upon the coming out of the Lord Russell's Paper, there was such a Storm raised in the Court against Dr. Burnett and this Examinant, that his Lordship, in Kindness to the latter, shewed the King his Letter; and it passing from several Hands, it became out of his Power to retrieve it." The Lord Hallifax said, "That he had this Reason to believe he left it in the King's Hands, because the Duke of Yorke that Sunday (being the Day after the Lord Russell died), at the Cabinet Council, spoke of this Letter." But this Examinant saith, That he knows nothing of the publishing of this Letter, nor by whom; nor did he speak to the Lord Hallifax, between the Time of the Delivery of the Letter, and that of the Publishing of it.
"And this Examinant further saith, That the Lord Russell desired him to give his Thanks to the Lord Hallifax, for his Humanity and Kindness to him; and it was occasioned by his telling the Lord Russell of the Lord Hallifax's being so ready to carry that Message to the King that he had from Doctor Burnett."
"This Examinant saith, That his Case is so very much twisted with those noble Persons after whose Blood and Murder their Lordships of this Committee do now so strictly enquire, that he knows not how to speak of theirs, without giving a Relation of his own; and that he looks upon himself as much murdered as any of them, by reason of his Sufferings.
"This Examinant saith, That, after the Lord Russell and Colonel Sydney were clapt up in The Tower, he was sent for, and brought before the Cabinet Council, or select Number of Lords, and asked, "Whether he was of the Counsel of Six?" (for so the Lord Howard had been pleased to call it.)
"This Examinant saith, That he saw there King Charles the Second, the Lord Keeper North, and the Lord Hallifax; and there were some other Persons present, whose Faces he did not see; but he doth not remember they had a Clerk with them.
"Some Questions were asked this Examinant by the Lord Keeper North, and likewise by the King. And he saith, he was very much pressed to make a Confession. But this Examinant claimed (as an Englishman) the Liberty not to accuse himself. Whereupon he was presently sent to The Tower, made close Prisoner there, and indeed kept in the strictest Custody for Twenty Weeks.
"But this Examinant faith, That, some Time after the Lord Russell was executed, and a little before the Execution of Colonel Sydney, he received an Intimation by a private Note, how that there was Intention to try him for a Misdemeanor; but he was bailed out, upon £. 30000 Security.
"This Examinant saith further, That, after this, the Duke of Monmouth came in, and was received at Court, and got his Pardon; but, several coming to visit him, he began to be too free in his Discourse, which did not please the Court. And this Examinant saith, That, at the old Dutchess of Richmond's House, the Duke spoke as if that those Gentlemen who were put to Death suffered unjustly.
"Whereupon this Examinant saith, That the King (after He had been acquainted with this by a Lady) would needs have the Duke to confess his being concerned in the Plot; and to that Purpose there was a Paper drawn, which the King would have him sign; and it was accordingly signed by the Duke.
"And this Examinant faith, That a Gentleman (to wit) Sir James Forbus came to him from the Duke of Monmouth, with a Copy of that Paper the Duke had signed, wherein the Plot was owned; which as soon as ever this Examinant had seen and read, he said, "It was a Confession of the Plot; and, according to the Law then in Vogue and Practice, it would hang him, because so little a while before Colonel Sidney was condemned upon a Paper that was given in Evidence against him; for, said this Examinant, if a Paper said, but not proved, to be written by the Colonel, could be allowed to supply the Place (for Want) of a Second Evidence, then a Paper which could be proved to be written and signed by the Duke of Monmouth, might much more properly be made Use of, as his Evidence to hang other People." And this Examinant saith, That he was told by Sir James Forbus, "that the Duke was in a Manner forced to sign the Paper; for he was not only persuaded, but overborn in it, by the Lord Hallifax."
"And this Examinant further saith, That when Sir James returned to the Duke, he was concerned almost to Madness; and declared, "that, if he lived till the next Day, he would have the Paper again;" and accordingly (as this Examinant was informed) he went to the King, and told Him, "he could not rest till he had it."
"Hereupon this Examinant saith, That the King, with great Indignation, threw him the Paper, and commanded him, "never to see His Face more;" which he believes he did. So the Duke went away, and by that Means he escaped the Trial for Treason then.
"And this Examinant saith, That he was told by Mr. Waller (who is since deceased), "that the Duke of Monmouth's owning the Plot to the King was the Cause of Colonel Sydney's Death; for the King balanced before."
Mag. Chart. Cap. 14. Co. 2 Instit. Fol. 27, 28.
"To this, the Examinant saith, he pleaded Magna Charta, and that Chapter of it particulary wherein a Salvo Contenemento is mentioned: But yet the Court, for all that, fined him £.40000; and ordered him to be kept in Prison till the Fine should be paid, and he was to give Security for the good Behaviour.
"This Examinant also saith, That, after this, they put him in the common Prison, where he was kept very close for Ten or Eleven Months. Then they contrived a Writ, called A Long Writ, to reach both his Real and Personal Estate, whilst he was thus kept a Prisoner.
"Then, this Examinant saith, he was sent close Prisoner to The Tower, by a Warrant from the Lord Sunderland; and he was put into such a Room where there was no Manner of Conveniency; and there were forced upon him Two of the rudest Warders in The Tower, to lie in the same Room with him: And after Seven or Eight Weeks of this Treatment there, he was removed to Newgate, where also he was kept close for Eleven Weeks.
"This Examinant saith, That his Friends offered Money for his Pardon to some in Power, who were the Lord Jeffryes and Mr. Petre, the Sum of Six Thousand Pounds. This proved effectual at last (though it is hardly possible for a Man to suffer more than this Examinant did); for, by the Help of this Money, on Condition that this Examinant would plead Guilty to his Indictment, he was to come off.
"And this Examinant saith, That this was the Way which our Ancestors always took, when the Sovereign Authority came to so great a Height, as might be made out by many Instances: Custom had made this the Law of England, and all civilized and wellgoverned Nations about us had used the like Way.
"But, notwithstanding this Examinant's pleading Guilty, he saith, he hath been very ready to serve and secure the Kingdom. And he declareth, That he was One of the Two or Three Men, who saw Letters from Holland, of this late most happy Revolution. And he saith, he thinks King William's coming into England to be nothing else but the Continuation of the Council of Six; and if not, he saith, he desires to be better informed.
"This Examinant saith, That, being asked by the Lord Hallifax, "How he came to send his Wife to the Man whom he looked upon as instrumental in obtaining the Paper which he thought would endanger his Life;" he answered, "He did likewise send his Wife to the Lord Jeffryes, Mr. Petre, and others." And further he said, "Who should this Examinant send to, but to those in Power? and who could effectually help him, but those who were in the Seat of Power?"
"This Examinant declares, That he did not think the Lord Hallifax struck directly at his Life, or that his Lordship had any private Personal Pique against him; but that he was to carry on the Cause he was engaged in. This Examinant saith, his Wife did several Times go to the Lord Hallifax, and he believes by her sent him his Thanks. But indeed, this Examinant saith, he doth not know of any solid Effects of his Kindness; if there were, he desires the Lord Hallifax to do him the Pleasure to tell him wherein. But this he saith, That he doth not believe any Part of the Six Thousand Pounds was given to the Lord Hallifax.
"This Examinant saith further, That he never heard any Thing of the Duke of Monmouth's Confession of the Plot, till after the Duke had signed the abovementioned Paper which was sent him. He doth confess, that he had heard it as common Talk, "that the Duke had confessed a Plot;" and that Mr. Waller told him so indefinitely, but he could not tell whether he meant before the Signing of the Paper or not.
"This Examinant saith, That what the Duke of Monmouth did at that Time was all of a Piece, whether by Speaking or Writing; and he is sure that it was with the utmost Reluctancy that the Duke signed that Paper.
"The Examinant saith, That the Duke of Monmouth appeared very firm to him, and engaged to use his utmost Endeavours to save Colonel Sydney. He saith, he came out of The Tower some few Days before Colonel Sydney was executed; and that he had an Intention to give him a Visit; but that his Friends thought it would be useless, and indeed dangerous to them; and that he might write any Thing he had to say. Accordingly he wrote to him, "that he would come and see him if he desired it." But Colonel Sydney charged him, "not to come, but to write, if he thought any Inconveniency would come of it."
"And this Examinant saith, That the Messenger who brought him the Message before-mentioned was Dr. Hall, now Bishop of Oxford, who applied himself to the Dutchess of Portsmouth for his Release. But her Answer to him afterwards was, "That she had tried, but could do nothing; for they would rather have him rot in Prison than have the Forty Thousand Pounds."
Sir James Forbes's;
"The Examinant saith, That the Night wherein the late Duke of Monmouth signed the Paper, he sent Bryon, or some other of his Servants, for this Examinant, in a Hackney Coach, at The Little Piazza; where he told this Examinant, "That he had got a Copy of a Paper written by the King Himself, which was for the owning of the Evidence of Rumsey and others; which Paper the said Duke desired this Examinant to shew to Mr. Hambden." But this Examinant told the Duke, "That that Paper would make him infamous, and would be a Means of destroying many Mens Lives." Whereupon the Duke sent this Examinant to the Lord Anglesey's, with the Paper, whom he found going to Bed; but, as soon as he was acquainted with the Message, he admitted this Examinant in to him; and, upon the Reading of it, presently wrote a Paper of Reasons against it.
"The Duke, before this Examinant went to the Lord Anglesey's, said, "That, if it were so as this Examinant had told him, he would have the Paper again, though he died for it." This Examinant asked him, "How he could get it?" The Duke said, "The King would shew it him, and then he would tear it out of His Hands." And the Duke further said, "That the Duke of Yorke was his implacable Enemy."
"This Examinant says, The Duke sent him to Mr. Hampden with it; who, as soon as ever he had seen and read it, said, "That he was a dead Man." Mr. Hambden asked this Examinant's Leave to shew the Paper to his Father; which this Examinant consented to; and when he returned, this Examinant went back to the Duke of Monmouth, whom he found that very Night at the same Place.
"There this Examinant gave him the Earl of Anglesey's Reasons against the Paper, together with his own Thoughts of it; as also he reported to him what Mr. Hambden said concerning it. Whereupon the Duke replied, "That he saw they had a Mind to ruin him; and he was only brought into Court to do a Job; and that he would not sleep before he had retrieved the Paper."
"The next Day, Colonel Godfrey came to this Examinant; and told him, "That the Duke had recovered the Paper, and got it into his own Possession." And this Examinant went to tell Mr. Hambden, Mr. Charleton, and Major Wildman, of it.
"This Examinant desired the Duke to save Colonel Sydney, if possible; but the Duke feared he could not; but said, "He had told the King how good a Man the Lord Russell was." And when this Examinant had told the Duke how it was reported in the Town, "that he was come in to be a Witness;" he answered, "He never would."
"This Examinant told the Duke, "that Mr. Hambden desired to see him;" but, though the Duke thought it to be very dangerous, yet he went to give him a Visit. The Business was, as this Examinant verily believes, to try whether he could save Colonel Sydney's Life or no; and this was before the Duke of Monmouth had obtained his Pardon.
"The Duke's Servants told this Examinant, at The Cockpit, that they were ordered not to suffer any of his old Friends, or old Whigs, to come to him; and yet, the next Morning after, the Duke of Monmouth appeared publicly at The Cockpit.
"This Examinant did hear nothing of the Paper till after the Duke delivered it to him; nor did he hear by him that the King promised not to make Use of the Paper as Evidence, either to his own or any other Person's Prejudice: It might have been so talked of in the Town; but this Examinant does not remember that the Duke named any particular Person that made him sign the Paper to do a Job; only he said, "The Duke of Yorke was his implacable Enemy, and had a Mind to ruin him."
"This Examinant says, He did not hear the Duke of Monmouth say any Thing about his owning the Plot, before he shewed him the Paper; but he says, That Bryon, or some other of the Duke's Footmen, told him, "that such and such were forbidden to see or pay a Visit to the Duke."
"The Duke told this Examinant, "it would be a very hard Thing to save Colonel Sydney;" but ordered him positively to deliver the Message to Mr. Hambden; and likewise told him, "That he had acquainted the King, how good a Man the Lord Russell was, and how unjustly he had been put to Death."
"This Examinant saith, That, at the Lord Russell's Trial, Four Gentlemen told him, "That Keeling, who was to have been the First Evidence against his Lordship, being taxed of being drunk at a Coffeehouse;" he answered, "that he was not; but confessed himself to be in a very great Disorder, because, he said, he was that Night to meet some Gentlemen at The Gun, who were to give him Instructions what to swear; but, he said, when he had received his Instructions, he would make a Discovery."
"This Examinant further faith, he was informed, That this Keeling called his Brother (who was a Smith) from his Work, saying to him, "Trouble not yourself about Working; for, if you will but swear, you shall ride in your Coach and Six Horses."
"However, this Examinant saith, Keeling was not produced at all; and he believes the Reason of it to be, because some were apprised of the Defence which the Lord Russell could have made against his Evidence.
"This Examinant saith, That, the Session before the Lord Russell was tried, there were some Jesuits to come upon their Trials; but yet, though they heard all the King's Evidence, they had their Trials put off, and the Juries were discharged of them: But this Examinant saith, That the Lord Russell could not have an Hour longer allowed him, although he desired but till the next Day; and that too was, because he could not get the Subpænas but the Night before, and therefore could not have his Witnesses there to testify for him.
"This Examinant saith, That he had brought the Lord Russell's Speech, written with his own Hand, who certainly knew best what Persons were concerned in his Murder. And saith, It was fit to hear his own dying Words, to find on whom he laid the Charge of his Death, though he had the Christian Charity to forgive them.
"I pray God, this is not laid to the King's Charge, nor to the Counsel, nor Judges, nor Sheriffs, nor Jury. I pray God, forgive them; and for the Witnesses, I pity them, and wish them well. The World is but like a Dog-kennel; the Master says, "Hand this, whip the other, and feed the Third."
"This was before he died, just about the Time of the Struggle about Sheriffs; "and, said he further, from the Time of choosing Sheriffs, I concluded, that the Heat of that Matter would produce something of this Kind."
"This Examinant saith, That the Lord Russell told him, before any of the Protestant Plot was so much as mentioned, "He was very sensible he should fall a Sacrifice; and that arbitrary Government could not be set up in England, without wading through his Blood."
"This Examinant saith, That he was told by Mr. Snow, who belonged to the Lords House, "that Mr. Atterbury the Messenger had watched about Montague and South'ton Houses for some considerable Time before the Lord Russell was imprisoned."
"This Examinant saith, He doth not remember the Four Gentlemen at present that could witness against Josiah Keeling; but he will endeavour to find them out. He confesses that he can say no more that is Evidence, or like a Witness."
"This Examinant saith, That Mr. Graham and Burton, who followed the King's Business in general, were the Prosecutors of the Lord Russell. Sir Dudley North returned the Jury; and he received Directions from him, and had the Panel under his own Hand, for the Lord Russell's Tryal.
"This Examinant saith, That Sir Dudley had the Books from him, and from his Brother Secondary; and that he chose the Jury out of several Wards, and sent the Names of them to this Examinant, with Orders to summon them.
"And this Examinant saith, That Mr. Bethel and his Partner were the First who began to return the Juries themselves out of several Wards; that Mr. Shute and the now Lord Mayor did the like; and some other Sheriffs, upon some special Occasions, have done so too.
"As to Mr. Cornish, this Examinant saith, he did not return the Jury; but Sir Benjamine Thoroughgood did it himself. This Examinant saith, he knows not from whence he had the Panel; nor knows he any Thing of Colonel Sidney.
"This Examinant saith, That Sir Dudley North sent for the Secondaries Books, and returned the Lord Russell's Jury himself; but this Examinant doth not know that he had a Note of the Names, or did it at the Instigation of any one.
"This Examinant saith, That Juries have been variously returned; but he knows not that Juries were returned out of several Wards till Two Years before the Lord Russell's Trial; the usual Way was, to return them out of Two, Three, or Four Wards.
Sir P. Rich's;
"This Examinant saith, That, all the Time of his Shrievalty, he never empaneled any Jury, or signed any Panel, to the best of his Knowledge. But this he says positively, that he never saw or knew of the Panel till he heard it read in Court.
"This Examinant saith, That he did go along with the Lord Russell to the Scaffold ex Officio, as he was Sheriff; and the other Sheriff was there also. And he saith further, They were both commanded to do so.
"This Examinant saith, That he would not meddle in the Return of Jurors; for there was such a loud Discourse of packing of Juries the Year before, when the then present Lord Mayor and Mr. Shute were Sheriffs, that he was resolved he would not return any Juries in his Year; nor did he; nor were the Books sent him by the Secondaries.
"This Examinant further saith, That the usual Practice of the Return of Jurors in the City of London, as he understands it, is by the Secondaries, and in Middlessex by the Under-sheriffs; and he saith, he never was asked during his whole Year to empanel a Jury.
"This Examinant saith, That he knows not who were the Regulators of London; but he has heard of several, as Sir Nicholas Butler, Mr. Charles Duncomb, and several Clerks of Companies; and that Aron Smith was One of them.
"This Examinant saith, That the Duke of Monmouth shewed him a Paper quickly after, that is to say, within Two or Three Days after he surrendered himself, which Paper was a Declaration, or seeming Confirmation, of that Plot with which the Lord Russell and Colonel Sidney were charged.
"This Examinant saith, He thinks the Paper was signed with the Duke's Name to it; but the Paper which the Duke of Monmouth got from the King, was not the same with the other. And he saith, He believes he did not see that Paper; but the Duke told him, after the Paper had been sent to the Council, "that he had signed such a Paper."
"This Examinant saith, That he thinks the Duke told him, "that the Lord Hallifax persuaded him to sign that Paper; and the Reasons which the Duke said the Lord Hallifax used, in persuading him to it, were, that he might keep at Court, and be near the King; or else he must be gone from thence."
"This Examinant saith, That the First Night the Duke came to Court, he went to visit him, with Sir James Forbus; and the Duke told them, "how kind the King was to him, in giving him His Pardon; and that he believed he owed a great deal of it to the Lord Hallifax;" and several Times he heard him say, "that the Lord Hallifax had been kind and serviceable to him."
"And this Examinant further saith, He never heard that the Duke owned any Conspiracy to the King before he signed the Paper; indeed the Duke of Monmouth said, "that the King told him, he must submit to be asked some Questions in Public concerning the Plot; and that he must submit to Him, and not offer to contradict Him."
"This Examinant saith, That the Duke of Monmouth sent him to the King with Two or Three Letters, whom he found very angry at the Duke for the Company he kept, and particularly with the Lord Howard; "for, the King said, he was so ill a Man, that He would not hang the worst Dog He had, upon his Evidence."
"This Examinant saith, He heard that the Duke of Monmouth had a Paper given him from the King, to consider of; he seemed unwilling to sign the Paper; but at last consented to do it, provided he might not be asked to sign any other.
"And this Examinant saith, That about that Time, there being something of this put into The Gazette, he acquainted the Duke with it, who was so much displeased at the News, that he bid us to tell every body we met, "that it was false."
"And this Examinant saith, That he doing as the Duke had ordered him in a Coffee-house, that Night; the King was acquainted with it, and sent for this Examinant early the next Morning, and reprimanded him, and told him, "that he did the Duke of Monmouth more Hurt than he was aware of;" and likewise commanded him not to speak of it any more.
"This Examinant saith, That the Duke told him, "he was resolved not to sign the second Paper." And he saith likewise, That One Day afterwards, about Noon, when he with Mr. Godfrey and Mr. Barker were waiting in the outward Room at his Lodgings for him, the Lord Hallifax being with the Duke and Dutchess in her Room, the Duke came out to them Once or Twice, and at last told them, "he had done it."
"And this Examinant saith, That, that Night wherein he had signed the Paper, he seemed angry with himself; "for, he said, it might hurt other People; and that if it had concerned none but himself, he had not cared; but he would not rest till he had got the Paper again;" and the next Morning the Duke told him, "he had got it."
"This Examinant saith, That the Duke told them, "the King had often pressed him to sign it; but when he did sign it, he knew not that there were any in the Room besides the Dutchess and the Lord Hallifax." The Duke said, "he was often with the King about the Paper;" and told this Examinant, "that the King said, He should never see His Face more, if he did not sign the Paper; but, if he would, he should ask Him nothing but what He would grant."
"This Examinant saith, That the Duke told him, after he came out of the Dutchess's Chamber, "that the Lord Hallifax had over-persuaded him, and made him do it, and engaged to him that the King should never let the Paper be seen; and told him, this was the Time to gain the King's Favour." But this Examinant saith, it being so long ago, he only declares his Belief, according to the best of his Remembrance."
Sir Benj. Thoroughgood's;
"This Examinant saith, That he knows not out of how many Wards the Jury was returned; but he thinks they were out of most of them, and believes it to be the Custom of the City to return Juries so; and he thought it a Piece of Justice in him to see the Jury fairly returned, the Gentleman that was to be tried having been One of his late Predecessors.
"This Examinant saith, That the Jury were of the sufficientest Men of the City of London, and he believed them to be good Men; and he saith, he believes that all the Men who served on that Jury were those he returned.
"This Examinant saith, That he returned the Jury out of so many Wards, because he supposed the Writ did direct them to be chosen out of the Body of the City; and by "sufficientest," he meant the ablest and honestest Men.
"This Examinant saith, That he never was spoke to, during all the Time he was Sheriff, about the returning a Jury, directly or indirectly, neither by Burton nor Graham, nor by any other Person; but, as the Secondaries read the Names, he ordered them to put them down.
"This Examinant saith, That he hath been Nine (fn. 1) Year Clerk to Mr. Trotman; but he was not by at the Return of the Lord Russell's Jury; yet saith, he made a Copy of it, and that was under Sir Dudley North's Hand; but he confesses he did not see him sign it, though he verily believes it was Sir Dudley North's own Hand.
"As to Mr. Alderman Cornish's Jury, this Examinant saith, That he was with his Master Trotman at Sir Benj. Thorowgood's House; and he believes that the other Secondary was there also; and they had the Books of both the Compters. And this Examinant saith, That he writ the Names as Sir Benj. Thorowgood directed him; and he believes the Jury were substantial Men, and Men of the best Reputations.
"This Examinant further saith, That in Juries in common Cases, the Panels used to be returned out of Two or Three Wards; and he believes these Juries to be impartially returned. And he saith, That Graham and Burton never brought any Names of the Panel, nor were they any Ways concerned in it."
Sir D. North's;
"This Examinant saith, That he knows nothing of the Prosecution, or of any Thing that relates to it. He acknowledges that he empaneled the Juries in the Summer Session, which was the Time wherein the Lord Russell was tried; at other Times, the subordinate Officers did it.
"And this Examinant saith, That, to the best of his Skill and Knowledge, he returned the best Jury he could, without observing any Ward; and he went with a good Conscience upon his Oath, and returned a sufficient and substantial Jury.
"This Examinant saith, That he drew this Jury out of several Wards, because that they might be the more substantial Men; and, to the best of his Remembrance, he saith, that Sir Peter Rich concurred in this Jury.
"This Examinant saith, That if Sir Peter had opposed it, he should not have done it; and also saith, that he never understood that a Jury was to be returned of Men that lived all together. And he saith, so far as he remembers, the Juries before were returned by the Secondaries; but, this being a very extraordinary Business, he thought it requisite to take Care of it himself.
"This Examinant saith, That he supposes a Jury might have been returned formerly out of as many Wards as this was. He confesses, he had no Orders nor Directions from any Man alive, to take Care of this Business; but he returned this Jury as he thought a sufficient Jury; and he returned it without Fraud or any sinister End, or without any Directions from any Man or Woman.
"This Examinant saith, That he was a Freeman of London; and being so, the Lord Mayor's Officers came to him, and told him, "he was drunk to, as Sheriff of London." Afterwards, he saith, he was sent for to the Lord Mayor and Court of Aldermen, to seal a Bond to execute the Place of Sheriff. This Examinant saith, he excused it, as being unqualified; but he was told by them, "that he must seal a Bond to pay One Thousand Pound, or else take upon him the Office;" which he did; and he saith that he was Two Thousand Pounds out of Purse by it; and which he never had again, either directly or indirectly.
"This Examinant saith, That he took no Care of what Opinion the Jury were, but only that they were substantial Men; and that he consulted with none about taking the Place of Sheriff, but the Lord Mayor and Aldermen.
"This Examinant saith, That he hath been about Eleven Years Common Serjeant; and that the Precept to return Juries (which is directed to the Sheriffs of London) is, to return them out of the Body of the City of London; indeed, he saith, he hath known Juries returned out of Six Wards, and never out of fewer than Four; but this Examinant saith, he doth not know out of how many Wards the Lord Russell's Jury were returned.
"This Examinant saith, That as to the Two last Heads, he knows nothing of them; but confesses that he was in Court at Part of the Lord Russell's Trial. He saith, That Sir Francis Pemberton was One of the Judges there; and he thinks that Sir Thomas Jones was another. And he says, he was at Mr. Cornish's Trial till Shepherd came in.
"This Examinant saith, That Mr. Chiffins sent for him, by the King's Direction, to His Lodgings in Whitehall; where he found His Majesty alone, who asked him some Questions concerning taking off the Penal Laws and Test.
"This Examinant saith, That he knows nothing concerning the First Head, nor who were the Advisers of bringing Quo Warrantos. But he saith, That, meeting accidentally the Lord Hallifax in the Gallery at Whitehall, this Examinant asked his Lordship, "Whether he thought the Aldermen were to blame, who did defend the City Charter?"
"This Examinant saith, That he believes his Lordship did not blame them; but he said, "The King must or will have the Charter;" but he saith, he rather thinks it was, "The King must have the Charter."
"And this Examinant saith, That it was for the Sake of Sir John Lawrence, that he asked the Lord Hallifax that Question; and he saith, That he gave Sir John Advice to be cautious in what he did, he being One of the Committee appointed to defend the City Charter.
"This Examinant saith, That he doth not know that he was taxed with being drunk at a Coffee-house by any Gentlemen a little before the Trial of the Lord Russell; but saith, perhaps it might be so: Nor doth this Examinant remember that he said to any One that he was in any Disorder; but he saith, he had some Trouble of Mind upon him for something he had done; but utterly denies that he then said any such Thing.
"This Examinant also saith, That he did not then confess he was to meet any Gentlemen at The Gunn, to receive Instructions how and what to swear; and this Examinant denies that he told the Earl of Lincolne "that he would never confess any Thing against a Nobleman;" but he saith, that he told his Lordship, "that if ever he knew any Thing against the Government, he would certainly discover it; but any Thing that had passed in private Conversation, he would never discover."
"This Examinant saith, That Rumbald and Goodenough having told him, "that they had a Design to take off the King at The Rye;" that was the real Cause of his Trouble in Mind. But he denies that ever he said "he was to receive Instructions to swear."
"This Examinant saith, That he was subpona'd, on the Behalf of the King, at the Lord Russell's Trial, on Captain Walcot's account, and others; and that he gave Evidence against the Captain. And he doth say, That he was there during all the Time of the Lord Russell's Trial; but knows nothing of any Instructions that were given to himself or others against the Lord Russell; and what he swore against Walcot, he swore voluntarily, without any body's instructing him.
"This Examinant saith, That, after he had informed against Rumbald and Goodenough, he took his Brother (who was a Smith) to the Secretaries, to give in his Information of what he had heard, because sometimes he took him along with him where he heard these People say the same Words as he did.
"This Examinant saith, That he made Applications to the Lord Privy Seal, who helped him to his Place in the Victualling-office; and he saith, he thinks also, that he made his Applications to the Duke of Yorke, in which Place he hath continued till within these Six Weeks; and then he was turned out by the Lords of the Treasury.
"And for his Place, this Examinant saith, That he applied himself for his Place to the Lord Privy Seal, upon no other Consideration than that he was a great Person, and a Lord of the Privy Council; and he knew him, as he had seen his Lordship, both in the Privy Council, and in that which sat at the Secretaries Office: And this Examinant saith, That his Lordship promised to speak to the King for him; but he doth not know for certain whether he did or not, though he believes he did, because he obtained his Place.
"This Examinant saith, That he went to the Lord Hallifax, to his Lordship's House, the First Time he spoke to him; and afterwards he reminded him as he was going up into the Gallery at Whitehall; and after that, he heard he was put into a Place in the Victualling-office.
"This Examinant saith, That he had not his Employment till after the Lord Russell and others were executed, he believes not till the First of January; he confesses that he did receive Money from the King, as Subsistence.
"This Examinant saith, He doth not know the Gentleman who gave him the Note upon Mr. Duncomb the Banker, for Five Hundred Pounds; he thinks there was one Guy's Hand to it; but he saith, he received not this Note till long after the Trials were over.
"This Examinant saith, That His Majesty told him, "he should also have One Hundred Pounds a Year;" but he never had it, nor ever sued for it; he never asked the King for any Thing but His Pardon; and that he wanted, as being privy to the Design of killing the King at The Rye.
"This Examinant saith, That he can say nothing concerning the Lord Russell, Colonel Sydney, or Sir Tho. Armstrong; but saith, that his Father was kept close Prisoner from the Time of his Commitment to the Day of his Trial; and that Captain Richardson would not admit any of his Friends to come to him.
"And this Examinant saith, That he went to Normansell, the Secondary, for a Copy of the Panel; and that either he or his Clerk told him, "that Burton and Graham had got it;" and when he came again in the Evening to them for it, One of them told him, that they had received express Orders from above, not to let him have it."
"This Examinant saith, That the Advertisement concerning the Duke of Monmouth, which was put into The Gazette, about the Time he had a Pardon, was, as he believes, what was treated of in Council the Day after the Duke came in; and he saith, that, to the best of his Remembrance, it was the giving an Account of what passed between the King and the Duke at his coming in.
"And this Examinant further saith, That he received the Paper either from the Lord Sunderland, or Sir Leonile Jenkins; but he remembers not particularly from whom of them; for he saith, that either of the Secretaries give Directions as to the Matters that are to be put into The Gazette."
"This Examinant saith, That what he heard Keeling say, was at The Fleece Tavern in Cornhill, where Keeling came in to some Company with whom he was; and some of them enquiring into the Reason of the Disorder which he seemed to be in, Keeling told them, "That he lay under a very great Temptation, for he had considerable Proffers made him of Money, and a Place worth £.100 or £.80 per Annum, to do something for them."
"But this Examinant saith, That he was ready, at the Lord Russell's Trial, to have witnessed against Keeling; and he would have come in, if he had been called; but he was only desired, and not subpona'd, to be at the Lord Russell's Trial.
"This Examinant saith, He knew not that Keeling was a Witness against Captain Walcott till after the Trial was over; and he cannot remember whether he knew of Walcott's Trial before he was tried or not; he believes he was out of Town about the Time of the Trial of Walcott, as he often used to be for his Health; but he saith, he heard, before the Trial of Walcot, that Keeling had made a Discovery of the Plot."
"And this Examinant saith, That he never saw Keeling but Once in his Life, and that was at The Fleece Tavern in Cornhill, with about Half a Dozen Persons more; and then he thought he looked melancholy, as if he had been disturbed or distracted.
"This Examinant saith, He doth not remember that any Questions were asked Keeling; but he said of himself, "That he was sent to by the Lords in The Tower; and Two or Three Gentlemen, who came from them, told him, That his Party had disobliged him, and now he had an Opportunity to revenge himself of them; as also, that he could not be insensible there were some Persons who designed against the Government; and, if he would discover them, he should have an Office;" but he knows nothing of the Value of it.
"This Examinant saith, That hereupon, One of the Company asked Keeling, "Why he troubled them with this Discourse?" saying, "if he knew any Thing against the Government, it was his Duty to discover it:" To which Keeling, in Reply, told them this; "Because, said he, if I should be prevailed on by the Temptation of Money to witness any Thing, you should be able to testify against me, that I had declared I knew nothing in Agitation against the Government."
"This Examinant saith, That Keeling told them, "it were the Gentlemen that came from the Lords in The Tower, who promised him a great Reward and a good Office; and that he had met them Once, and was to meet them again that Night at a Tavern in Tower Streete." He doth not believe that Keeling was in Drink.
"This Examinant saith, That he was not at Captain Walcot's Trial, for he believes he was then in the Country at Wimbleton: He believes he acquainted Sir William Poultney with what he heard Keeling say, before the Lord Russell's Trial; and he also told it to Mr. Stephens; whereupon, he was subpona'd to the Lord Russell's Trial, to which he went; but the Trial was not till Three or Four Days after the Time that he was directed to attend.
"And this Examinant saith, That he did not know that Keeling was a Discoverer of the Plot till after the Trial of Captain Walcot; for he was then at Wimbleton, and it was sent him for News, as if he had been an Hundred Miles off."
"This Examinant saith, That, about Three or Four Days before that which was called the Presbyterian Plot broke out, Mr. Keeling came in Company where he was, at The Fleece, in Cornhill, and seemed to be very much disordered; and told the Company, "he had been with some Persons of Quality, who said to him, he had now an Opportunity of making both himself and his Family, and offered him £.100 per Annum; and said, he might ride in his Coach and Six Horses to Windsor."
"This Examinant saith, It was in order (as he understood by Keeling) to discover a Plot; and he told them, "that if he should be so far prevailed with as to swear, Keeling desired us to bear Witness against him, That he then declared, he knew nothing wherewith to charge any Person living; and if he did hereafter give Evidence against any Person, he himself then said, he was the greatest Rogue and Villain in the World."
"And thereupon, this Examinant saith, One of the Company advised him, "That if he knew any Thing against the King or Government, he should declare it; but, if he knew nothing, he had not best to go to them, for he could not tell under what Temptations he might fall."
"This Examinant saith, That, when he heard of the Lord Russell's Trial, he acquainted the Lord Russell's Servants with what he hath now sworn; and he attended at his Lordship's Trial, but Keeling was not produced there as a Witness; and he saith, he also spoke of this Matter to others, but never to any Magistrate of it.
"This Examinant saith, That he was at The Fleece Tavern in Cornhill, with Mr. Morris, Captain Phelps, and others, when Keeling came in, like a Man in a Maze; whereupon, One asked him, "What was the Matter?" Keeling answered, "He was offered some Money; he could have a Place worth £.120 per Annum, to make a Discovery, or to impeach some People of a Plot against the Government."
"This Examinant saith, That One of the Company told Keeling, That if he did know any Thing against the Government, he would do well to discover it; if not, he would do well to keep out of such Temptation."
"Afterwards this Examinant saith, Keeling broke out into a Passion, and said, "He knew nothing at all; and desired the Company, if he should make any Discovery hereafter, to bear Witness against him."
"This Examinant saith, That he believes he told this to Twenty People, before the Lord Russell's Trial. And he saith further, That Keeling used to be much in their Company for a Year before, for they had a Kind of a Club.
"But this Examinant saith, He doth not remember that he heard that Keeling was a Witness against Walcot; but he heard he was a Discoverer of the Plot; but he doth not remember the Time when he heard it."
"This Examinant saith, That, some few Days before the Discovery of the Presbyterian Plot, Keeling came into The Fleece Tavern in Cornhill, into the Room where he was with other Company. Keeling was seemingly confused; and said, "he had a great Offer made him, of £.120 per Annum, to be a Discoverer of a Plot; but he knew of no Plot; and desired the Company, if ever they heard he should discover any Plot, or be a Witness against any one, to bear Witness against him, for he knew of none."
Josiah Keeling's Second Examination;
"This Examinant saith, That The Fleece Tavern in Cornhill was constantly his Tavern; as also Mr. Grange's, Mr. Morrise's, Mr. Haley's, and others, when they went to The Exchange; but he remembers not that he was in any Agony or Trouble of Mind there, or that he told his Company, "that he was to meet any Persons concerning the Discovery of a Plot, or that he was ever promised a Groat, or any Employment; or that he desired them to bear Witness against him, if he pretended to say any Thing of any Plot; or that he knew nothing of one."
"This Examinant saith, That he had not a Pardon till Two or Three Months after Walcot's and Hone's Trials; and he believes he had not the Money from the King, till after he had his Pardon; but he lived at his own Charge in the Messenger's Hands.
"He further saith, That he was examined before the Lord Keeper North and Mr. Secretary Jenkins, the Earl of Rochester and the Lord Godolphin being present; and he was likewise examined by Secretary Jenkins alone, before he went to the King.
"This Examinant saith, He knows nothing concerning Three Heads mentioned in the Order. He saith, That he never discoursed with his Brother about any Thing of the Plot, before the 13th of June, 1683, the Day of its Discovery.
"This Examinant saith, That, on that Day, his Brother called upon him, about Nine or Ten of the Clock in the Morning, and took him along with him to a Neighbour's to drink; from thence to a Coffeehouse, where his Brother discoursed with one Hone, about Goose Quills and Swans Quills, the Blackbird and Goldfinch, which he understood nothing of; and from thence we went to The Dolphin Tavern, where they met with Goodenough and others; there they talked of taking off the Blackbird and Goldfinch, meaning the King and Duke of Yorke.
"This Examinant saith, There was a List read, of dividing the City between his Brother Josuah and Goodenough. After they parted, this Examinant told his Brother, "he understood not that Gibberish, and therefore would not be concerned;" but his Brother told him, "that he should come to no Harm."
"This Examinant saith, That from thence his Brother carried him to Secretary Jenkins; where this Examinant being unwilling to go, he told him, "that he must go thither or to Newgate:" There he was examined about the Discourse between Goodenough and his Brother Josuah; and there Sir Leonile Jenkins shewed them a Warrant, under the King's Hand, for Josuah's Pardon.
"This Examinant saith, That from the Secretary's they went to The Fleece Tavern in Southwark, where his Brother sent for Mr. Peckham, who came to them; their Discourse was in Commendation of him, for endeavouring to discover the Plot; saying, "If he would but discover what he knew, he should be well rewarded."
"This Examinant saith, That the next Morning he was with his Brother at The Flanders Coffee-house, where they met Two Men to him unknown; who also commended him for what he had done, and invited him to Dinner; his Brother did go, but he could not, being otherwise engaged.
"This Examinant saith, That he told Mr. Tory, his Brother's Master, all that was discoursed of a Plot; and the next Day he told it to others; whereupon all the Persons that were informed against fled. Upon this, he was called before a private Council, where were the Lord Keeper North, and the Lord Roberts, and some others, where he was examined, what and to whom he had discovered; which he told them.
"This Examinant saith, That there was such a Difference between him and his Brother, upon his employing Mr. Jones to let Goodenough and the others know what his Brother had informed against them, that they are hardly yet reconciled.
"This Examinant saith, That he was against his Brother's bringing him into a Thing which he knew nothing of, nor did believe, till after the Proclamation; and that Lee came in to discover, and that Men were taken up.
"This Examinant saith, That he knows nothing of the Three Heads in the Order. But this Examinant saith, That, a little before the breaking out of the Rye Plot, he was with some Company at The Fleece Tavern in Cornhill; where Josiah Keeling came in to them, seemingly under some Disturbance of Mind.
"And this Examinant saith, That Keeling said farther, "that he was to meet some Persons in Tower-streete that Evening; but he knew not about what." But he saith, he doth believe that Keeling did meet some Persons there."
"This Examinant saith, He was at The Fleece Tavern, in Cornhill, in June 1683, with other Persons, when Keeling came in there to them; he was discomposed, and told the Company, "That, the Night before, he met a Person belonging to The Tower, who told Keeling, That he kept Company with Persons concerned in a Plot; and if he would discover them, he should be carried to Windsor in a Coach and Six Horses, and have a good Office bestowed upon him."
"And this Examinant saith, That Keeling told them, "That that Night he was to meet him again; but he said, he knew nothing against any one; and if he should be tempted to be so great a Rogue as to swear against any Person, he desired the Company to bear Witness against him, for he knew nothing;" and so he left us."
"This Examinant saith, That he knows nothing of the Heads in the Order; save only, that several Lords met, in the Year 1687, in the Secretary's Office, and that several Times, about the regulating of Corporations; videlicet, the late Lord Jefferies, the Marquis Powis, the Earl of Sunderland, the Lord Arundell of Warder, the Earl of Castlemain, Sir Nicholas Butler, and Mr. Petre.
"This Examinant saith, That Business was projected elsewhere, because Things were brought to the Office only to be transcribed. He hath heard also, that there was a Sub-committee, to manage that Affair, whereof Mr. Brent was Chief, and that Mr. Roberts and Mr. Dennis were joined with him; but he never saw the Lords to give them any Commission, or heard that Aron Smith was concerned.
"This Examinant saith, He was not One of the Clerks of the Council when the Franchises of the City of London were seized; but he remembers that he did set his Hand to an Order of Council touching the Regulation of several Companies of London, or the Livery-men, or Courts of Assistance; but the Order was brought to him ready drawn; and he signed it, as being One of the Clerks of the Council then in Waiting.
"This Examinant saith, That he attended at the Committee of Council for Foreign Affairs; but he was at no Cabal; and the Franchises of London were destroyed before ever he attended any Cabal or Committee; and he never was present at any Debate concerning that Matter.
Sir J. Moore's;
"This Examinant saith, That he knew nothing concerning the Three Heads; that it was not he who did reject the Sheriffs, but the Court of Aldermen; they did set aside Mr. Papillon, because he had drunk to Sir Dudley North.
"This Examinant saith, That he drunk to Sir Dudley North of his own Motion; because it was usual, when Men of Estate came from beyond Sea, who are thought fit and able, to make them Sheriffs, to save the Citizens.
"This Examinant saith, That he had no Directions from Whitehall to reject the Poll; but it was the Court of Aldermen did reject it; and he doth not remember that, either the Day before, or that Morning of the Poll, he made any Promise not to disturb the Poll.
"This Examinant saith, He remembers not what Time of the Day he went to disturb the Poll; but he saith many of the Citizens came to his House, and would have him to the Hall, telling him the Poll went on, though he had adjourned it; which Adjournment was by the Advice of the Court of Aldermen.
"This Examinant saith, He doth not believe, nor remember, that he had Orders, Advice, or Intimation from the Court, to drink to Sir Dudley North; nor did Mr. Secretary Jenkins ever recommend him to be Sheriff; he came indeed often to visit him, but never gave him any Directions.
"This Examinant saith, That the City Records say, that One of the Sheriffs, for these Two Hundred Years, have been chosen by drinking to, till the Year 1641; the other is chosen by Hands in the Common Hall.
"And this Examinant saith, He refers to the Records how the Sheriffs were chosen: And for Three preceding Years, he believes, Two or Three Sheriffs were made by his Predecessors by their drinking to them; but this he refers also to the Records.
"This Examinant saith, He believes the Ceremony of the Lord Mayor's drinking to the Sheriff is recorded; and he believes, that it is a received Opinion of the City, that the Person whom the Lord Mayor drinks to is Sheriff; he does not remember that it was disputed till of late; for formerly a Person drunk to by the Lord Mayor was not excused from being Sheriff, without he fined off.
"This Examinant saith, That he brought in the original Panel for the Juries of the Session for London, when the Lord Russell was tried, which was taken out of Nineteen Wards; and the Names of the several Persons in the Panel were read to the Lord Russell, out of which Twelve were chosen."
"This Examinant saith, That he was a Prisoner in The Tower, when the Lord Russell and Colonel Sydney were tried; but, before he was sent thither, he was kept by the Foot Guards in Scotland Yard, and lay upon the bare Boards for Four Days and Five Nights.
"This Examinant saith, That, whilst he was kept there, he was several Times brought before the King; but he refused to answer, until he was sent to a legal Prison; whereupon he was carried to The Tower, and kept there close Prisoner for Nineteen Weeks and Five Days, at Five Pounds a Week Charge to himself.
"This Examinant saith, That One of his Warders told him, "There was one Sir Ambrose Philips to speak with him, who had an Order from One of the Secretaries to come as often as he would, and bring whom he would along with him; but then he was alone."
"And this Examinant saith, That when Sir Ambrose came in, after some other Discourse, he told him, "It was in his Power to make himself what he would; for, said Sir Ambrose, you know, this Rogue Sydney is a Traitor; and you may make yourself what you will, if you will discover what you know of his Designs against the Government."
"This Examinant saith, He replied, "That he could not say any Thing that could touch a Hair of Colonel Sidney's Head." Then Sir Ambrose Philips said, "If he might advise the King, he would have all the damned Whig Rogues hanged; and as for your Part, said he to this Examinant, every body knows that you are guilty."
"This Examinant saith, That he was summoned by One of the Sheriff's Officers; he never heard of the Heinousness of the Lord Russell's Crime from any one, nor was he either persuaded or encouraged by any one to attend on that Jury, and he never was but Once upon any Jury.
"This Examinant saith, That the Sheriffs usually do provide a Dinner for the Jury; but, the Dinner being spoiled, he clubbed for his Dinner, which he thinks came to Three Shillings; and since, he saith, he hath been upon the Grand Jury, but upon no other Jury."
"This Examinant saith, That he knows nothing of the Three Heads; but he saith, that Josiah Keeling accused him of being in the Rye Plot; although, to the best of his Remembrance, he had never been above Twice in his Company.
"This Examinant saith, That he never heard Keeling say he was offered any Reward for discovering the Plot; but he heard him speak very extravagantly at The Salutation Tavern in Lombard-streete; and he said, "he would do some brisk Thing;" whereupon said Mr. Nelthrop, who was then also in the Company, "I prithee, be not mad."
"This Examinant saith, That Sir Thomas Armstrong had One Iron on; and the Reason of it was, because he was outlawed for High Treason; he saith, he thinks that the Lord Jeffries, Sir Francis Wythens, and Sir Rob't Wright, were Three of his Judges.
"When Colonel Sydney was arrested, I had not been long in England; I did not know the Laws, Customs, and Language of the Country, and had but few Acquaintance to inform me, and they involved in the same Prosecution; so, having then little or no Assistance, I was not allowed to judge; but, since, I have made it my Business, not only to inquire, but also to serve him in as much as I was able, having afterwards obtained the Liberty to visit him: By the Informations he gave me, and by the Discovery I made abroad, according to my Knowledge, Experience, and Judgement, it was the greatest Injustice that ever was done, and greater in that it was done upon Pretence of Justice, which I shall shew as far as I am able.
"Colonel Sydney was arrested, the 26th of June, 1683, about One of the Clock, at his Dinner; immediately after, Sir Philip (fn. 2) Floyd came with an Order to seize his Papers; and after Dinner went and searched the House, but thought not fit to take any, but some that lay loose upon his Table, and in an old open Trunk that stood by, and put all those Papers into the said Trunk and a Pillowbeer, and desired Colonel Sydney to put his Seal upon them; which he refused, and afterwards told me the Reason, "That he well remembered what passed at Colonel Mansell's Lodgings." And then Sir Philip (fn. 2) Lloyd put his own Seal upon them, and promised Colonel Sidney they should not be opened, but in his Presence; which Promise was not kept; for he told me oftentimes, and at the Day of his Death, that he never saw either Trunk or Pillowbeer again, though he did by my Hand petition the King to have them returned him, because there were some amongst them that might conduce to his Justification.
"From his House, he was brought before the King's Council; and, upon Examination, he thought he gave them such Answers as night have discharged him; but he was sent to The Tower by a Warrant from Sir Leonile Jenkins, for High Treason; at which Time nothing of that which was pretended at his Trial could be imputed to him; the Lord Howard was not seized till several Days after, and his Papers could not be examined at that Instant; the same Day his Monies and Bills of Exchange were seized in Thomas Shepherd's Hands; some Weeks after, his Goods both in Town and Country were seized, to his very Wearing Cloaths, that his Servants had not the Liberty to carry him Linen to change (about Four Months before the Bill was found against him); and I knowing that the Marquis of Hallifax was his Kinsman, I applied myself to him, and by his Means obtained Relief from some of those Grievances; and, by his Lordship's Means, I had the Liberty to visit Colonel Sydney during his Imprisonment.
"The 6th of November following, an Order was sent to the Lieutenant of The Tower, to bring Colonel Sidney the next Morning before the King's Bench; and he was accordingly brought into The Pallace Yard of Westm. between Ten and Eleven of the Clock, before the Grand Jury was assembled; and consequently they could (fn. 3) Know whether the Bill would be found against him, unless they had Intelligence with the Grand Jury.
"The Bill was found, and he immediately hurried to the Bar to be arraigned. The Bill was read to him, perplexed, confused, and long, containing a Heap of Crimes distinct in Nature, distinguished from each other by Law (as he afterwards told me): One Particular I well remember, that he said, "That the Indictment says, he did conspire (with many others to the Jury then unknown) on the 30th of June, and many Days both before and after, in the Parish of St. Gilese's;" whereas he was then, and had been some Days before, a close Prisoner; which was impossible he should be at the same Time at St. Gilese's and in The Tower; and it was morally impossible for the Grand Jury to know he did conspire, unless they did know with whom.
"He complained much of the Injustice done him, when, upon some Contest at his Arraignment about some Points of Law, he desired Counsel to frame Objections, which was refused; he afterwards presented a special Plea, ready engrossed, which was refused, unless it might be peremptory; declaring, "if it was over-ruled, he should be no further heard;" and the Chief Justice threatened, "that Judgement of Treason should be immediately entered, if he did not come to the General Issue;" and so was forced to plead Not Guilty.
"Colonel Sydney did also much complain, that the Copy of the Indictment was refused him, which might have been of great Use to him, to make his Defence and Exceptions, it being so long and intricate that the ablest Lawyers could give him but a very imperfect Account of it upon Hearing: Thereupon, he produced an authentic Copy of the Statute, wherein it is plainly enacted, "That all Men, in all Cases, whether they be such as fall out against the King or any others, shall have Copies of such Records as are against them."
"He complained very much of the Irregularity of choosing the Jury by whom he was to be tried; when a Copy of the Panel was sent to him, after he had read it, he told me, "he knew but the Names of Three Gentlemen, which he resolved to have accepted, but they did not appear at his Trial;" the others he excepted against, as not being Freeholders, and such as were then Servants in the King's Pay, as unfit Persons to try him, being prosecuted at the King's Suit; and the rest were mean, fordid, and mechanic People, and not fit Persons to judge in such a Case. You may see it more at large in his Trial; and, if your Lordships please, in his Memorials he has left me.
"He did much complain against the Lord Chief Justice, for interrupting him in his just Defence; and was observed so well to choose his Time of breaking off his Discourse, as never to suffer him to finish any Point that pinched too hard upon the undue Practices of his Prosecutors, and most conduced to his Defence: He desired the Chief Justice, as gently as he could, "to proceed softly and fairly; that no Delay ought to be esteemed long, when the Life of a Man was in Question;" but all was in vain: Colonel Sydney told me, "That, before his Trial, he was credibly informed, that the Lord Chief Justice had advised with the King's Counsel, of the Ways of compassing his Death; and that a Paper, containing the Result of that Consultation, had been seen upon Mr. Attorney's Table." He never told me who that Person was; but, if you please to call Mr. Owen, who was his Solicitor, Sir Wm. Williams, Mr. Polexsen, Mr. Rotheram, Mr. Benchfild, Mr. Thompson, and Mr. Hallis, who were his Counsel, perhaps they may give a better Account of that Circumstance; but, sure I am, they can give your Lordships a full Account of the irregular Proceedings of his Prosecutors.
"He complained also against the Solicitor General, for misrepeating the Evidence on both Sides, to mislead the Jury; to have represented the Lord Howard's frequent Attestation of God, that he knew of no Plot, believed there was none, and took that spoken of to be an Invention of the Priest, only as Unwillingness to confess it, and his many Perjuries as a Mark of the Truth of that he had then sworn, and, by such Constructions, to drive the Jury headlong into a Verdict; and, as Mr. Sydney complained of the Solicitor General in that Particular, so he did much more of the Chief Justice, in misrepresenting the Evidence more than the Solicitor had done. And, after his Trial, Colonel Sydney was informed, "that the Lord Chief Justice, not satisfied with Directions given in Public, he had been further pleased, when he retired upon Pretence of taking a Glass of Sack, to follow the Jury, and give them more particular Instructions."
"He complained also of the Judges and Jury, for receiving such an Evidence as the Lord Howard; against whom he had many Exceptions, as appear in his Trial, and in his dying Words which he left with me, written by his own Hand, which I am ready to produce, and, if your Lordships please to give me Leave to publish them, it shall be done speedily; which, I presume, may give great Light and Satisfaction to your Lordships and to the World, of the Injustice done to him.
"He further complained, that the Judges and Jury did receive, for a Second Evidence, some Scraps of Papers, written many Years before, in Answer to Fillmer's Book, as if they could have any Relation with what was pretended then at his Trial; he earnestly desired, that those Papers produced against him might all be read in the Court, that they might judge whether they were good or bad, true or false; which was refused.
"After this Trial, Colonel Sidney, considering their irregular Proceedings, applied himself to the King by his Petition, which I presented myself, representing to His Majesty the Wrong he thought was done him; but could obtain no Relief, being referred to the same Judges of whom he complained.
"Of these he did complain, and many other Particulars that would be too tedious to relate, and I should fear to do him Wrong in not setting them forth as they ought to be; therefore must refer to his Apology, which he delivered me before his Death, and then told me, "He was persuaded that his Death would be called in Question; and so left me those Papers, as a Testimony to the World of the irregular Proceedings his Prosecutors made Use of to destroy him."
"This Examinant saith, That he was Solicitor to Colonel Sidney; and that, presently after his Trial, the Lord Chief Justice sent him Prisoner to The King's Bench, for saying, "that the Jury were a Loggerheaded Jury; and that they had not Evidence sufficient to find such a Verdict, or that they found a Verdict contrary to Evidence."
"And this Examinant saith, That Colonel Sidney excepted against several of the Jury; against some, as not being Freeholders; and against others, as being in the King's Service, and receiving Wages from His Majesty.
"This Examinant saith, That he was at Colonel Sydney's Trial, to write Short-hand, and he was reproved by the Court for speaking to the Prisoner: Mr. Sidney put in his Plea into Court, but did not insist upon it; the soul Draught of which he shewed to this Committee."
"This Examinant saith, That he with others was of Counsel for Colonel Sidney; and that, by the Persuasion of Mr. Bamfeild, he drew a Plea for him, which Colonel Sydney at his Trial threw into Court, and prayed it might be read.
"This Examinant saith, That it was to desire the distinguishing of the Treasons laid in the Indictment, and quoted the Three Acts of Treason. But the Court told him, "That, if the Plea had any Slip in it, he must have Judgement of Death pass on him immediately." After this, he pleaded Not Guilty.
(fn. 4) 12 Car. II.
"This Examinant saith, That, after he was found Guilty, he told him, "That they proved the Paper which they accused him of, for being his Handwriting, by a Banker, who had only once his Hand to a Bill;" and to that he quoted the Lady Carr's Case, in the King's Bench, in Trinity Terme, 1669, wherein it was adjudged, "That, in a Criminal Case, it is not sufficient for a Witness to swear he believes it to be the Hand of the Party; but that he saw the Party write it:" The Words in the Case are, "That it must be proved that she actually writ it; and not that it was her Hand, ut credit."
"This Examinant saith, That Colonel Sidney asked him, with the rest of the Counsel, "Whether all the Book should be read at his Trial? "The Counsel said, "It should." The Book was by Way of Questions, and merely about a Discourse of Government in general, as far as he could find, after several Hours reading in it; for he believes it consisted of about Seven or Eight Hundred Sheets.
"This Examinant saith, He knows nothing of the Lord Russell or others; but he saith, Mr. Henry Guy came to his Chambers, and asked him, "Whether he was for the Dispensing Power?" He told him, "No, he was against it; for it was both against Law and Conscience." He saith, he was afterwards made a Judge, though he thought it was enough to have hindered any Man from being a Judge, so freely to declare his Opinion as he had done."
Sir A. Phillips's;
"This Examinant saith, That Aron Smith had been his Client, and there had been a Friendship between them; and therefore, he thought he might have prevailed with him to have declared what he knew; which he thought would have have been a Service to the Public, and withal a Service to himself.
"This Examinant saith, He cannot be positive whether Mr. Roger North gave him an Order to go to Aron Smith, or whether he told him, "he should find an Order with the Lieutenant of The Tower;" but this Examinant saith, he did go to Aron Smith, and use the Arguments a Friend might do in those Circumstances; and told him, "he was under an Obligation to confess what he knew;" and likewise told him, "he came not to trepan him, nor would he discover more of what he would tell him than he would give him Leave:" But he found him very resolute, and so he fairly took his Leave of him, and never came near him more.
"This Examinant saith, That he believes he might say to Mr. North, "That he had such a Power over Mr. Smith as to persuade him to tell what he knew;" but he saith, That nobody but Mr. North either persuaded or advised him to go to Mr. Smith."
"This Examinant saith, That he knows Josiah Keeling; and that he never paid him any Money; but, by the Persuasion of Keeling's Mother, he procured him One Hundred Pounds of one Mr. Wolfe, a Merchant, to supply his Necessities.
"This Examinant saith, He is a Distiller by Trade; and that he knows not Burton nor Graham, nor had he discoursed at any Time with either of them; he saith, he was empaneled by a Summons left at his House by the Sheriff's Officer.
"This Examinant saith, That he heard nothing of the Heinousness of the Lord Russell's Crime before the Trial, nor was he persuaded by any one to attend the Trial; but he hath been of Juries both before and since that Trial; and he saith, he was not treated after the Trial, nor dined any where till he came Home."
"This Examinant saith, That he was summoned to the Lord Russell's Trial by a Ticket, left at his House by the Sheriff's Officer; and saith, he was not encouraged by any one to attend there, nor did any one insinuate to him the Heinousness of the Lord Russell's Crime.
"And further this Examinant saith, That, to the best of his Remembrance, all the Jury were at the Sheriff's Treat; he is sure it cost him nothing; he saith, it is customary for the Sheriffs to treat the Juries at Quarter Sessions; and as for Rouse, he doth not know, whether he was there or not."
"This Examinant saith, That he was at Mr. Graham's Chamber about Five Years since; but knew nothing of the Lord Russell's Crime before he was of the Jury; and he endeavoured to get off it, and was not persuaded to be of it.
"This Examinant saith, That he saw Burton or Graham about Seven Years ago, at Mr. Secondary Normandsell's Office, but he never spoke with either of them: He saith, he was summoned on the Lord Russell's Trial as was usual; but nobody did insinuate to him the Heinousness of his Lordship's Crime.
"This Examinant saith, That he knows not whether some of them went to the Tavern and spent their own Money, without any other body's paying for them; nor does he remember that Mr. Rouse was with them.
"This Examinant saith, That he hath dealt in Tobacco, but now deals to Sea as a Merchant, and hath never been in Company either with Burton or Graham; but he was summoned to be on the Lord Russell's Jury, but never heard of his Crime before; nor was he encouraged by any to attend the Jury.
"This Examinant saith, That he knows Burton, but never cared for his Company, because he was a proud Man; he saith, nobody discoursed him about the Lord Russell's Crime before the Trial; and he cannot say he was treated after the Trial with either a Supper or Wine; nor was he at any Treat among themselves at any Time after.
"This Examinant saith, He stood not far from the Lord Russell, and his Lordship bid them swear him. He saith, That the Jury were about a Quarter or Half an Hour in debating before the Verdict; and that Thomas Omby, One of the Jury, writ the Trial in Short-hand, and read it to the Jury.
"This Examinant saith, That he neither knows Burton nor Graham, but was summoned to the Sessions by an Officer leaving a Ticket; and that he knew nothing of the Lord Russell's Trial till he was sworn; nor was he encouraged by any one to attend it.
"This Examinant saith, He believes that Victuals were appointed by the Sheriffs for the Jury; and he supposes most of his Comrades were there; but it was almost cold; he paid nothing nor knows he that any body else did.
"This Examinant saith, That she can say nothing but what is relating to her Father; and as to him, she saith, That he was seized and brought from on Board the Yacht by the Lord Godolphin's Warrant, and sent to Newgate; and though the King was petitioned that he might have Counsel, yet none could be admitted to him, nor any Friends to speak with him but in the Presence of a Keeper.
"This Examinant saith, That Sir William Williams was his Counsel; and her Father was all the Time kept close Prisoner, and had One Chain on about a Fortnight; she saith, Mr. Richardson beat her Sister, whilst she was on her Knees, asking her Father's Blessing.
"This Examinant saith, She was at the Bar when her Father was at the King's Bench Bar; he demanded his Trial, and also the Benefit of the Statute of Outlawries, as likewise Counsel in Matters of Law; but the Court refused him both Trial and Counsel after the Statute was read: Sir Robert Sawyer said, "He hoped now that Sir Thomas would say, he rendered himself?" To which her Father replied, "That he had been kept a close Prisoner, and therefore could not do it; but now he did render himself."
"This Examinant saith, That Jeffries said, "He should have done it before." Her Father replied, "He did it then, and that that was within the Time of the Act." Jefferyes told him, "They had nothing but the Outlawry to go upon; and that he was not within the Benefit of the Act."
"This Examinant saith, That her Father demanded the Benefit of the Law; the Lord Chief Justice told him, "He should have that to the full;" and immediately ordered his Execution; and the Night after his Sentence, he lay chained. She saith, That Wythens, Holloway, and Walcot, were his Three other Judges.
"This Examinant saith, That she questions not but to prove the Lord Howard perjured; for her Father said, in the Speech he left behind, "that if he had been tried, he could prove those base Reflections the Lord Howard made of him, to be all Lyes and notorious Falsehoods, and that by Ten Gentlemen, and all the Servants of the House; for he was at Dinner that Day at Sparrow's with the Lord Howard and others, who swore he was not there."
"This Examinant saith, That she went to the Cursitor of London, to demand a Writ of Error for Sir Thomas Armstrong after his Trial; and told him, she was ready to pay him all due Fees; but he refused, and told her, "she must go to the Attorney General."
"This Examinant saith, That then she demanded it publicly in the Court of Chancery of the Lord Keeper North; but he told her, "It was not for him to give it, but the King:" Whereupon she desired his Lordship to take Notice, "That she demanded it; and told him, that he did not know how soon it might be another body's Case."
Mrs. C. Armstrong's;
"This Examinant saith, That she was not at the Bar, when Sir Thomas Armstrong was tried, only her Sister Mathews was there; but she knows that Captain Richardson used her Father very ill, and made him lye with a Chain on One Leg.
"This Examinant saith, That Richardson would not suffer her to see her Father alone; but was very rude to her, and struck her in such a Manner, that she had so sore a Breast with the Blow, that she could not put on Bodice in Three Quarters of a Year; it was when he carried her Father to the Council, and she being in the outward Room to the Council, went only to ask her Father's Blessing.
"This Examinant saith, That she waited on her Mother to the Cursitor of London, to demand a Writ of Error; but though they were ready, and prossered, to pay all that could be demanded, yet it was refused. She went also on the same Errand to the Lord Keeper North, Mr. Attorney General, and the Lord Chief Justice Jefferyes; but could get none."
Dr. Wynn's Examination concerning Quo Warrantos, Dispensing Power, &c.;
"This Examinant saith, That he knows nothing concerning the several Heads in the Order; but he hath heard that Instructions were given by Mr. Brent and others, as to the regulating of Corporations; and that John Williams, Lewis Owen, and William Wynne, were employed, as he hath heard, about Regulations in Wales; the last was One that acted under them.
"This Examinant saith, He knows not who were the Public Assertors of the Dispensing Power, but as he read in Print; he heard that the Judges met about it, and only One was against it; he saith, several Warrants passed the Secretaries Office, for new Charters to Corporations."
This Examinant saith, He is confident he never delivered him any such Order; nor did he tell him that he should find any such Order at The Tower; nor, to the best of his Remembrance, did he ever know that there was any such Order.
"And this Examinant saith, That Sir Ambrose Philips doth mightily misremember, if he says he had any such Order from him: for, if he had procured him such an Order, he could not but have remembered it, and verily believes he should have remembered it, which he doth not; and he saith, that, to his Knowledge, he never meddled in such Matters."
Charters, Dispensations, non Obstantes, &c.
Debate on this Report adjourned.
Robertus Atkins, Miles de Balneo, Capitalis Baro de Scaccario, Orator Procerum, declaravit præsens Parliamentum continuandum esse usque in diem Sabbati, videlicet, 21um diem instantis Decembris, hora decima Aurora, Dominis sic decernentibus.