DIE Veneris, 20 die Decembris.
Domini tam Spirituales quam Temporales præsentes
Epus. St. Asaph.
Epus. St. David's.
L. Privy Seal.
D. Norffolk et Comes Marescall.
L. Great Chamberlain.
Ds. Grey de R.
Ds. Howard Eff.
Ds. Arundell T.
Bill to prevent Doubts in collecting the Revenue.
vice lecta est Billa, "An Act for preventing all Doubts and Questions concerning the
collecting the Public 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.
A Message was brought from the House of Commons,
by Mr. Ingland and others:
Who brought up a Bill, intituled, "An Act for
erecting a Court of Conscience in the City of Norwich;" to which their Lordships Concurrence is
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.
In Pursuance of which, these Depositions were read,
"The Examination of Doctor John Tillotson, Dean
of St. Paul's, taken the 18th of November,
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
"That he did shew the Letter to the Lord Hallifax, that Evening he wrote it.
"And that he wrote it merely of himself.
"But this Examinant saith, That he did not publish
"And it was much against his Will that it was
"And he doth not know by what Order it was
"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
"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
"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 Mr. Roger L'Estrange
came the next Day to him; and told him, "he was
ordered to shew him a Letter, and to ask him, Whether
it was his or no?"
"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."
"This Examinant saith, That he believes it was
L'Estrange's Hand; and that he told him, "he was
very sorry it was to be published; and if it were
in his Power, it should not."
"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
"This Examinant saith, That the Lord Hallifax
shewed a very compassionate Concern for the Lord
Russell, and all the Readiness to serve him that could
"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
"The Examination of John Hampden Esquire,
taken the 18th of November, 1689.
"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."
"This Examinant saith, That, after this, he was
brought to a Trial for a Misdemeanor; and was convicted, upon the Lord Howard's Evidence.
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.
"And this Examinant saith further, That the King
made Choice of putting him in Prison. So he was
committed to the Marshal's House in The King's
Bench, where he continued for Ten Months.
"This Examinant said, he offered several Sums of
Money: But it was answered him, "That they had
rather have him rot in Prison, than that he should
pay the Fine."
"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.
"But afterwards, this Examinant saith, that he
heard a new Witness appeared; but this was after
the Defeat of the Duke of Monmouth.
"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.
"This Examinant saith, That his Friends advised
him to it, because it could be prejudicial to no Man
living (there being none alive of those called the
Council of Six) but the Lord Howard.
"Whereupon this Examinant (pleading Guilty) was
discharged, paying 3 or £.400 to Graham and
Burton, for the Taking-out and Procurement of his
"As for the Subject-matter of what this Examinant
confessed, he supposes no Man will think he ought
to be ashamed of it, who believes the Lord Russell
"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.
"This Examinant saith, That he remembers no more
in the Cabinet Council, but the Lord Radnor, besides
those he had already named; but he believes there
were Three or Four more.
"But, this Examinant saith, he was bailed out on the
28th of November, 1683; and Colonel Sydney, he
thinks, was executed on the Fifth of Decem'r following.
"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
"Sir James Forbes's Examination, taken the 20th
of November, 1689.
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."
"The Duke told this Examinant, "That the Lord
Hallifax persuaded him to sign the Paper; but whether it were for his Good or not, he knew not."
"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
"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.
"But, before this, the Duke told this Examinant
how kindly the King had expressed Himself to him.
"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.
"This Examinant further says, That the Duke was
with Mr. Hambden Two or Three Hours; indeed he
was not in the same Room with them, but he verily
believes it was to save the Colonel as aforesaid.
"The Duke did not tell this Examinant of any
Confession he had made; but only talked of the King's
Kindness to him.
"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."
"And this Examinant says, That he does not remember the Duke's telling him any Reasons that the Lord
used, who persuaded him to sign the Paper.
"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."
"The Examination of Mr. John Tisard, taken the
20th of Novem'r, 1689.
"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.
"The said Examinant declareth, he knows nothing
of the Manner of the Return of the Jury.
"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, He does not remember the
Names of any of the other Judges but Serjeant Pemberton.
"And he further saith, That, as soon as Jeffries saw
this Examinant to speak to the Lady Russell in Court,
he caused him presently to be turned out of the
"The Examination of Mr. Samuel Johnson, taken
the 20th November, 1689°.
"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
"Then this following Clause was read:
"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 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
"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 then read another Part of the Lord
Russell's Speech, which was this (applying it to the
Lord's own Case),
"To kill with Forms and Subtleties of Law, is the
worst of Murders."
"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."
"The Examination of Mr. Normansell, One of the
Secondaries of The Compter, taken the 20th
of November 1689°.
"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.
"This Examinant saith, That when the Secondaries
return for The Old Baily, they do it out of several
Wards; that is, Two, Three, or Four.
"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
"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 the Quo Warrantos
were brought to him, sealed, by Burton or Graham,
or some of their Clerks; and he remembers, Mr.
Tindale was One of their Clerks.
"This Examinant saith, That he knows nothing of
the Regulators, nor any that asserted the King's Dispensing Power, save the Judges.
"This Examinant saith, He doth not know that Sir
Dudley North packt the Jury, or that any one was
with him when he returned it."
"The Examination of Mr. Edward Trotman, One
of the Secondaries of The Compter, taken the
20th of November, 1689°.
"This Examinant saith, That he supposes that Graham and Burton were the Prosecutors of the Lord
Russell and of Alderman Cornish; but he knows
nothing of Colonel Sydney.
"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.
"This Examinant saith, He knows not upon what
Occasion Mr. Bethell returned the Juries out of several Wards; but he does not remember that any
one suffered in Mr. Bethel's Time.
"As to the Quo Warrantos, this Examinant saith,
That he knows nothing of them, they were carried
to the other Compter; but he supposes that Graham
and Burton were the Prosecutors of them.
"This Examinant saith, That he knows nothing of
the Dispensing Power."
"The Examination of Sir Peter Rich, taken the
22th of November, 1689°.
Sir P. Rich's;
"This Examinant saith, That the Lord Russell was
the only Person suffered when he was Sheriff; but he
knows nothing of any Advisers or Prosecutors in the
Lord Russell's Case.
"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
"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 saith, He does believe that either
the Secondaries or Sir Dudley North did it; for he
had not the Books of the several Wards (out of
which they name Jurors) sent him.
"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
"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 Sir Francis Pemberton,
and he thinks Sir Thomas Jones, were Judges.
"The King's Counsel were, Sir George Jefferies, Sir
Rob't Sawyer, Mr. Fynch, and he thinks Mr. North,
and another young Counsel; Sir George Treby, was
"Mr. Graham and Mr. Burton were Prosecutors;
but they were never with him about the Trial; nor
were they, as he knows, with the other Sheriff, or
brought any Panel to the Secondaries."
"The Examination of Colonel Godfrey, taken the
22th of November, 1689°.
"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 understood by him
in the general, that that Paper was a Confirmation
of the Plot upon which the Lord Russell and Colonel
"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
"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."
"The Examination of Anthony Row Esquire, taken
the 22th of November, 1689.
"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
"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.
"This Examinant saith, That he being in the Bedchamber when the King told the Duke he should
not, he does not know whether he signed it or not.
"But this Examinant saith, That that Paper was
given to the King, and shewn to the Council; but, they
not liking it, it was either burnt or torn, and another
Paper was drawn.
"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."
"The Examination of Sir Benjamin Thoroughgood,
taken the 22th of November, 1689°.
Sir Benj. Thoroughgood's;
"This Examinant saith, That he was One of the
Sheriffs of London at the Time when Mr. Cornish
suffered; but he knows nothing of the Lord Russell,
or of any Thing else of the Order.
"The Two Secondaries brought him the Books,
and he saw them return the Jury; and he believes
there were none but the Two Secondaries and their
Clerk at his own House, and he had no Names
"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
"This Examinant saith, That he knows nothing of
the other Heads: But he was turned out; and Mosson;
a Papist, was put in in his Room."
"The Examination of Phillip Peree, taken the
22th of November, 1689.
"This Examinant saith, That he hath been Nine
(fn. *) 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
"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
"The Examination of Sir Dudley North, taken the
25th of November, 1689°.
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.
"This Examinant saith, That at that Time he did it
himself, the other Sheriff never empaneled a Jury
that he remembers; and this Jury he empaneled of
his own Accord, and without any Directions.
"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 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.
"And this Examinant saith, he thinks he was a legal
Sheriff; and he was not prevailed with nor persuaded
by any others to take upon him the Office.
"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 knoweth nothing of
the Two last Heads."
"The Examination of Henry Crisp Esquire, Common Serjeant of the City of London, taken the
25th of November, 1689°.
"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 he remembers, the Lord
Russell desired he might be heard by Counsel, and
that they might have Time to consider of it. But the
Court would hear them immediately.
"This Examinant saith, That he doth not know any
Thing on the Second Head; only he heard it was
done at Whitehall, in a Committee.
"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 of
who were the Regulators for the City of London; but
the late Lord Chancellor told the Court of Aldermen, "That such and such were to be turned out."
"The Examination of Dr. Hugh Chamberlaine,
taken the 25th of November, 1689.
"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."
"This Examinant further saith, That he believes he
might tell this, as News, to the Duke of Monmouth,
the Lord Russell, and some others.
"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
"This Examinant saith, That he knows nothing concerning the Third Head."
"The Examination of Josiah Keeling, taken 25th
"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
"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
"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
"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, He doth not know that ever
he told his Brother "he should ride in a Coach and
Six Horses if he would swear."
"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.
"This Examinant saith, That he hath been at The
Gunn Tavern in Wapping with his Customers; but denies that ever it was to receive Instructions what to
"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.
"That Evening, this Examinant saith, he returned his
Lordship his Thanks; and from that Time to this, he
hath not spoke to his Lordship, nor he to him, as he
"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
"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 Evans the Messenger
carried him to the King."
"The Examination of Mr. Henry Cornish, taken
the 25th of November, 1689°.
"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."
"The Examination of Mr. Robert Yard, taken the
Twenty-ninth of November, 1689°.
"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."
"The Examination of Mr. John Phelps, taken the
29th of November, 1689°.
"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 Keeling then told
them, "he knew nothing;" and desired the Company
to testify, "that he was a very Villain, if he swore
any Thing against any body."
"This Examinant saith, He thinks that Keeling said,
"he was to go to The Bull Head, in Tower Streete, to
treat with great Persons about it;" this was a Week
before the Discovery of the Plot.
"This Examinant saith, That Keeling did not mention who the great Men were, whom he was to meet.
"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, That he was never asked to
come in at any of the other Trials; and indeed he
durst not appear at the other Trials.
"This Examinant saith, That Mr. Morris, Mr. Hagar,
Mr. Bates, and Mr. Haly, were present, when Keeling
talked as before hath been declared.
"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
"The Examination of Mr. Thomas Morris, taken
the 29th of November, 1689.
"This Examinant saith, That he had no Notice of
Captain Walcot's Trial, but by common Fame, till
after he was tried.
"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 believes that he was
known to several of the Company, though he was an
absolute Stranger to him.
"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 this to
the said Company Two or Three Days (to the best
of his Remembrance) before he heard any such Thing
as a Presbyterian Plot talked of.
"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
"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.
"This Examinant saith, That a Second Subpona came
the Night before the Trial; but he, being from Home,
did not receive it till after the Trial was over.
"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."
"The Examination of Mr. Peter Hagar, taken
the 29th of November, 1689.
"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, That Keeling told him, "he
was to meet some Persons of Quality that Night, and
he thinks he said Lords, with whom he had been
"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
"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 Keeling told them, "he
would go, because he had promised them in the
Morning to meet them again that Night."
"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, He thinks he knew Keeling
was a Witness at Captain Walcot's Trial; but he did
not then offer himself to be a Witness, because of the
Difficulty of the Times.
"Moreover, this Examinant saith, There were in his
Company, at The Fleece, Mr. Morris, Captain Phelps,
Mr. Hornby, Mr. Grange a Brewer in Westm. Mr.
Haley, and Mr. Bates, when Keeling was there."
"The Examination of Mr. Robert Bates, taken
the 29th of November, 1689°.
"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."
"And this Examinant saith, Keeling also told them,
"That he had met some Gentlemen, or Lords, of The
Tower, and was to meet them again; but he knew
nothing in the World."
"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, some Time after, he
saw Keeling come into the Amsterdam Coffee-house,
with William Rumbald a Brewer, after a more wild
Manner than before, and said aloud,
"Gentlemen, It is reported, that I have discovered
a Plot against the Duke of Monmouth, the Lord
Russell, and others; but I know nothing of it,
and am falsely accused;" or to that Effect.
"This Examinant saith, That he never heard Keeling
name any body that offered him Money; but he heard
him say, "that he might ride in a Coach and Six
Horses to Windsor."
"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
"The Examination of Mr. Richard Haley, taken
the 29th of November, 1689.
"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."
"And this Examinant saith, That Keeling told them,
"that he came from some great Persons; and he was
to go to them again, to The Tower, or The Bull Head
Tavern near The Tower, that Night."
"And further this Examinant saith, That he doth
not remember that he spake of this to any one; for
Times came on so fast, and proved so dangerous, that
he was afraid to speak of it.
"This Examinant saith, He was at the Trial of the
Lord Russell. But further saith not."
"The Examination of Mr. Josuah Moore, taken
the 29th of November, 1689.
"This Examinant saith, That he knows nothing concerning Keeling, nor of any of the Heads mentioned in
"The Examination of Mr. Josiah Keeling, taken
the 29th of November, 1689.
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, after he did discover
the Plot, he was in Danger of his Life, from Three
of these Men.
"This Examinant saith, He was subpona'd as a Witness against Walcot; and he heard the Trial of the
Lord Russell, being carried thither by a Messenger,
in whose Custody he was for Three Months.
"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, That he knew nothing against
the Lord Russell, but upon Hearsay from Goodenough."
"The Examination of Mr. William Man, taken
the 29th of November, 1689.
"This Examinant saith, That he knows nothing concerning any Thing mentioned in the Order."
"The Examination of Mr. John Keeling, taken the
4th of December, 1689.
"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, He had no Pardon, nor did
he ask for any, because he wanted none; for he discovered what he knew within 24 Hours.
"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 he knows not who this
Peckham was, that encouraged him to expect a Reward
if he would discover all; but he hears he is since
"This Examinant saith, That he was never carried
to Windsor, nor his Brother, as he knows of; nor
does he know that his Brother offered him any Thing
to come into the Plot.
"This Examinant saith, He was subpona'd to be at
the Lord Russell's Trial, and sworn to go to the Grand
Jury; but he was not examined.
"This Examinant saith, He knows not of Peckham's
going to Windsor; but he heard he was stopt at Hounslow in going thither, but knows not by whom.
"This Examinant saith, He knows not of any Design to make Persons subscribe to the carrying on of
the Plot; but indeed he heard some Discourse of it.
"This Examinant saith, He was in Court when Hone
was tried, and his Brother a Witness against him;
and saith, he knows not who were to be seized about
the Plot; but heard that some were to be.
"This Examinant saith, He heard his Brother had
received £.500 from the King, after the Discovery of
the Plot was made; and that he brought it to a Coffeehouse, where he heard it.
"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
"The Examination of Mr. William Horneby, taken
the 4th of December, 1689.
"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.
"This Examinant saith, As well as he can remember,
Keeling said, "he was offered an Employment of £.60
or £.80 per Annum, to swear; but he knew not what,
nor against whom, to swear."
"This Examinant saith, That then, after Keeling had
sat a little while, he said, "it was a brave Business, to
have £.80 per Annum to swear."
"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
"The Examination of Mr. John Belcher, taken
the 4th of December, 1689°.
"This Examinant saith, That Josiah Keeling had always the Character of an ambitious Man; but he
knows nothing of his threatening or inducing Men to
swear concerning the Plot.
"This Examinant saith, That he was by when Keeling petitioned the Duke of Yorke for a Place in the
"But this Examinant saith, That he knows nothing
of his own Knowledge of the Regulators; but he
hath heard that Mr. Jones was One."
"The Examination of Mr. Crispe Grange, taken
the 4th of December, 1689.
"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."
"The Examination of Mr. William Bridgman, taken
the 4th of December, 1689.
"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
"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.
"This Examinant saith, That, when Papers were
wanting, he was sent for to Mr. Chiffin's Lodgings, and
always attended in the outward Room.
"This Examinant saith, He never knew any Thing
of the Dispensing Power, but by the printed Papers
"This Examinant saith, That the Surrender of
Charters, at the latter End of King Charles the
Second's Reign, came in but slowly; but in King
James's Time they came in in a Glut."
"The Examination of Sir John Moore, taken the
6th of December, 1689.
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 believes Mr. Papillon and Mr. Dubois demanded the Poll; but the Court
denied it them.
"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
"This Examinant saith, That Sir John Buckworth,
with others of the Turkey Company, recommended him
as a fit Person to be Sheriff.
"This Examinant saith, That the Soldiers were not
sent for to interrupt the Poll, but to keep the Peace,
for the Poll did go on; and he does not know that
the Books were taken from the Clerks.
"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
"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 not any Person did
apply himself to him about the taking away the
Charter of London; for he was always against it.
"This Examinant saith, That at the Poll his Hat flew
off, and he was thrust against the Wall; and if some
of the Officers had not stuck to him, he had been
down under their Feet.
"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, He thinks Two or Three
paid their Fines for being drunk to by Sir Rob't
"The Examination of Mr. Thomas Tanner, Clerk
of the Peace for the City of London, taken the
4th December, 1689.
"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."
"The Examination of Mr. Aron Smith, taken the
6th December, 1689.
"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.
"And this Examinant saith, That Two Warders
watched him, and lay in the same Room; and would
have lain in Bed with him, but he would not suffer it.
"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
"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
"This Examinant saith, That he doth not know any
Regulators of Corporations of his own Knowledge;
but he knows some who went under the Name of
"The Examination of Mr. William Rouse, One of
the Lord Russell's Jury, taken the 11th of
"This Examinant saith, That he neither knoweth
Burton nor Graham, nor doth he know that he saw
them at the Lord Russell's Trial.
"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."
"The Examination of Mr. Nathaniell Wade, taken
the 6th of December, 1689.
"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 presently after he heard
his Name was put into a Proclamation; but there
he was called by the Name of Ward; but in the next
Gazette his right Name was put in."
"The Examination of Mr. William Richardson,
taken the 6th of December, 1689.
"This Examinant saith, That Sir Thomas Armestrong
was committed to his Custody by Secretary Godolphin's
Warrant; which he produced, as also the Rule of
Court for his Execution.
"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.
"This Examinant saith, That the Lord Russell was
brought into the Sessions, and there committed to him
as the Sheriff's Officer; but Mr. Cornish was committed
to Newgate by Sir Francis Wythens.
"This Examinant saith, He did not shackle them,
nor ever put Irons on the Lord Russell, nor shewed
any to him; nor had Cornish any, being in a safer
Place than Sir Thomas Armstrong.
"And this Examinant further saith, That he had no
Money of the Lord Russell; and that what Money
was given, his Wife had it."
"The Information of Joseph Ducasse.
"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
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
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. *) 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
"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
"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
"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
"Decem. 11th, 1689. "Ducasse."
"The Examination of Mr. Richard Wynn, taken
the 11th of December, 1689.
"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
"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."
"The Examination of Mr. Serjeant Rotheram,
taken the 11th of December 1689.
"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.
"This Examinant saith, He prayed a Copy of the
Indictment, which he challenged as his Due; but the
Court refused it him.
(fn. *) 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
"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."
"The Examination of Sir Ambrose Philips, taken
the 11th of December 1689.
Sir A. Phillips's;
"This Examinant saith, That he knows nothing of
his own Knowledge concerning the Three Heads
mentioned in the Order; but says, he was always
against the Dispensing Power.
"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."
"The Examination of Mr. Nathaniell Gale, taken
the 11th of Decem. 1689.
"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, That Keeling gave his Bond
for it, and paid it Three Months after, which was
after he was become an Evidence."
"The Examination of Mr. Jervas Seaton, One of
the Lord Russell's Jury, taken the 11th Decem. 1689.
"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."
"The Examination of Mr. Thomas Short, Druggist,
One of the Lord Russell's Jury, taken the
11th of Decem. 1689.
"This Examinant saith, That he knows Burton and
Graham by Sight; but hath had no Discourse with
"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
"This Examinant saith, That he was not treated after
the Trial, nor was invited to Dinner; he believes he
supped at Home; and is sure he had no Money given
him either before or after the Trial."
"The Examination of Mr. William Butler, Hamburgh Merchant, One of the Lord Russell's
Jury, taken the 11th of December, 1689.
"This Examinant saith, That he hath seen Burton
and Graham, but hath no Acquaintance with them;
and saith, he presumes the Summons for him to attend the Trial was left at his House.
"This Examinant saith, That he had no Intimation
of the Heinousness of the Lord Russell's Crime, nor
was encouraged to attend that Trial.
"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."
"The Examination of Mr. James Pickering, Merchant, One of the Lord Russell's Jury, taken
the 11th December, 1689.
"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 the Jury had the usual
Treat provided by the Sheriffs; but knows not whether Mr. Rouse was at it.
"This Examinant saith, He spent some Money after
Supper; but he hath never been of a Jury of Life
and Death but that Time."
"The Examination of Mr. Thomas Jeve, Haberdasher, One of the Lord Russell's Jury,
taken the 11th Decem. 1689.
"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, He was not treated after
the Verdict; nor doth he know that they had either
any Dinner or Supper.
"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
"This Examinant saith, That he never was upon a
Jury of Life and Death till then; but he hath been
often on the Grand Jury."
"The Examination of Mr. Hugh Noden, One of
the Lord Russell's Jury, taken the 11th of
"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 was not treated after
the Verdict, but went directly Home; and was never
on Jury of Life and Death either before or since."
"The Examination of Mr. Robert Brough, Linendraper, and One of the Lord Russell's Jury,
taken the 11th December, 1689.
"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, That he hath been often
summoned on Juries; but Normansell the Secondary
was his Friend, and used to get him off.
"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 hath been since on
Webb's and St. John's Juries."
"The Examination of Mr. William Fashion, Scrivener, One of the Lord Russell's Jury, taken
the 11th of Decem. 1689°.
"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, He thinks the Officers carried them thither; but he was the last Man who
went out. He saith, The Jury were out about an Hour
before they brought in their Verdict."
"The Examination of Mr. Thomas Omeby, One
of the Lord Russell's Jury, taken the 13th of
"This Examinant saith, That he was a Trading
Merchant to Barbary and Spain, at the Time of the
Lord Russell's Trial; and that he never heard of the
Lord Russell's Crime till he came to the Trial.
"This Examinant saith, He neither knows Burton
nor Graham; nor was he encouraged by any to
attend the Jury, but endeavoared to get off.
"This Examinant saith, He knows not the Names of
the Jury; nor whether Rouse was at the Treat,
which (as was then said) was usually provided by the
"This Examinant saith, He looked then on himself
to be worth Five or Six Thousand Pounds; and traded
till within these Three Years."
"The Examination of Mrs. Jane Mathews, taken
the 13th Decem. 1689.
"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 when her Father in
Court said, "My Blood be upon you!" (meaning the
Lord Chief Justice) Jeffries said, "Let it, let it;
for he was Clamour Proof."
"The Examination of Dame Katherine Armstrong,
taken the 13th December, 1689.
"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, She doth not remember that
she went herself to the Attorney; but her Daughter
waited on him, and she told her, he refused it likewise.
"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."
"The Examination of Mrs. Katherine Armstrong,
taken the 13th of Decem. 1689.
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."
"The Examination of Doctor Owen Wynne, taken
the 13th Decem. 1689.
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, That a Committee met at
the Lord Sunderland's Office about it; but he was
under the Lord Middleton.
"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
"The Examination of Mr. Roger North, taken
the 13th of Decem. 1689.
"This Examinant saith, That he procured no Order
for Sir Ambrose Philips to go to Aron Smith in The
Tower; nor doth he believe that ever he had any
Discourse about that Matter.
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.
"The Marquis of Hallifax was Lord Privy Seal from
October 1682 to February 1684, in which Time Sixtysix Charters were granted, whereof One passed immediatè.
"No Dispensations passed in that Time.
"In that Time Forty-one Pardons, with Non Obstantes
and Clauses with Dispensations, were granted, whereof
Three passed immediatè.
"The Earl of Clarendon was Lord Privy Seal from
February 1684 to December 1685, in which Time
Ninety-four Charters were granted, whereof Seventeen passed immediatè.
"No Dispensations passed in that Time.
"In that Time Ten Pardons, with Non Obstantes and
Clauses with Dispensations, were granted, whereof
Two passed immediatè.
"The Lord Tiveat and others were Commissioners of
the Privy Seal from December 1685 to March 1686/7,in which Time Twenty-six Charters were granted,
which passed the Office in the usual Manner.
"Dispensations, with the Penal Laws, in that Time
were Eight, whereof One was immediatè.
"In that Time Seventy Pardons, with Non Obstantes,
were passed, whereof One of them immediatè.
"The Lord Arundell of Wardour was Lord Privy
Seal from March 1686/7 to the 4° of Jac. IIdi, in which
Time Fifty-six Charters were granted, whereof Forty
"Dispensations in that Time were Thirty-five,
whereof Three passed immediatè.
"In that Time Forty-five Pardons, with Non Obstantes, passed, whereof Twenty-five immediatè.
Debate on this Report adjourned.
Upon Consideration of the several Informations reported from the Committee of Inspections, and this Day
It is ORDERED, That the Debate this Day had, upon
the said Depositions, shall be adjourned to Monday
Morning next, the First Business.
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.
Hitherto examined by us, this 8th of April, 1690,
North & Grey.