A35830	----	A speech made in Parliament by Sir Simon Dvcy knight on Twesday the eleventh of Ianuary concerning proceeding against the 12 bishops accused of high treason to bring them to their triall 1642. D'Ewes, Simonds, Sir, 1602-1650. This text is an enriched version of the TCP digital transcription A35830 of text R14041 in the English Short Title Catalog (Wing D1255). Textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. The text has been tokenized and linguistically annotated with MorphAdorner. The annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). Textual changes aim at restoring the text the author or stationer meant to publish. This text has not been fully proofread Approx. 8 KB of XML-encoded text transcribed from 4 1-bit group-IV TIFF page images. EarlyPrint Project Evanston,IL, Notre Dame, IN, St. Louis, MO 2017 A35830 Wing D1255 ESTC R14041 13023551 ocm 13023551 96653 This keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the Early English Books Online Text Creation Partnership. This Phase I text is available for reuse, according to the terms of Creative Commons 0 1.0 Universal . The text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. Early English books online. (EEBO-TCP ; phase 1, no. A35830) Transcribed from: (Early English Books Online ; image set 96653) Images scanned from microfilm: (Early English books, 1641-1700 ; 259:E200, no 7) A speech made in Parliament by Sir Simon Dvcy knight on Twesday the eleventh of Ianuary concerning proceeding against the 12 bishops accused of high treason to bring them to their triall 1642. D'Ewes, Simonds, Sir, 1602-1650. [7] p. Printed for F. Coles and T. Banks, London : 1642. Reproduction of original in Thomason Collection, British Library. eng Church of England -- Bishops. Treason -- England. Great Britain -- History -- Civil War, 1642-1649 -- Sources. A35830 R14041 (Wing D1255). civilwar no A speech made in Parliament by Sir Simon Ducy knight: on Twesday the eleventh of Ianuary: concerning proceeding against the 12 bishops accus D'Ewes, Simonds, Sir 1642 1269 4 0 0 0 0 0 32 C The rate of 32 defects per 10,000 words puts this text in the C category of texts with between 10 and 35 defects per 10,000 words. 2000-00 TCP Assigned for keying and markup 2001-12 SPi Global Keyed and coded from ProQuest page images 2002-01 TCP Staff (Michigan) Sampled and proofread 2002-01 TCP Staff (Michigan) Text and markup reviewed and edited 2002-02 pfs Batch review (QC) and XML conversion A SPEECH made in Parliament by Sir SIMON DVCY Knight : On Twesday the Eleventh of Ianuary : Concerning proceeding against the 12 Bishops accused of High Treason , to bring them to their triall . 1642. LONDON , Printed for F. Coles and T. Banks . 1642. A Speech made in Parliament by Sir SIMON DVCY Knight : on Tewsday the eleventh of Ianuary , concerning , proceeding against the twelve Bishops accused of High treason . Mr. Speaker , DElaying prosecution of any businesse of weight and consequence , is the only way to produce danger , especially if it be tending to the removall of eminent evils practised and threatned by evill and wicked spirits , bending themselves only to act such things , that the successe thereof must either prove the fulfilling of their owne desires , or the utter ruine and destruction of the State wherein they live . Mr. Speaker . Light offences are easily dispensed withall or removed , but grievous crimes and great misdemeanours committed by high hand are troublesome to be restrained , hard to be corrected . In any proceedings against such , there must be both wisdome and courage equallizing the subtilty and power of the offenders : to accuse or impeach any person of any crime , whether treason or otherwise , is ordinary , but to prosecute such accusation or impeachment to bring the same to perfection , to a period , to judgement , whether by the sword of justice to cut off such accused ( if found guilty ) as unsound and rotten members of a Common-wealth , thereby to preserve the whole , or to cleere and discharge the same , either way satisfying the Kings loyall Subjects concerning our proeeedings : if deserving death , you know Master Speaker how dangerous it is to protract time in their triall and just sentence : you know , dangerous to a City is the setting on fire but of one house in the same , you know no better remedy to prevent this danger , but by pulling down the next adjacent houses to that on fire : Even so , if there be in a City , State , or Kingdome , wherein are some fire-brands members , threatning desolation to the whole Common-wealth wherein they live , or any part thereof ; whose tongues are set on fire even with the fire of Hell , issuing forth , flashes , sparkes , nay flames of wicked tenents and doctrines , pleasant and delectable only to themselves and associates ; seducing in religion the children of God , nay I verily believe the saying is fulfilled foretold in Scripture , such seducers should be in the world , that if it were possible , they would seduce the very elect , drawing all men as they can to their faction , or else seeke their utter destruction , both of their lives , liberties , and estates . These fire-brands , Mr. Speaker , hath catcht in divers places of this Kingdome , as well Cities , as Townes , and Villages ; and if speedy course be not taken to extinguish them , by pulling downe , cutting off , not only the Originall root of this danger , but the neighbouring parties ; not only to cut downe the body of the tree , but lop off also the branches , especially , the greatest armes thereof , for the lesser twigs , they may of themselves wither and dye in time : they will indanger the whole kingdome , and cause great trouble and hazzard in preserving the same from ruine . Mr. Speaker : The subject of my discourse is concerning our proceedings against the Bishops , by this honourable House accused of High Treason , That we with all convenient speed bring them to their tryall and judgement upon the same . Mr. Speaker : It behoveth us to be men of courage and magnanimity , not daunted with any feare , or discouraged by any opposition that hath beene made against us , and our proceedings concerning the same , to hinder our perfecting those things in our prosecution of these Incendiaries , so much importing the peace and security of his Majestie and all his kingdome . The evill effects that we have experimentally found , in not performing our desires , and the expectation of those that sent us hither , by whom we are intrusted to preserve and defend them in their persons , free liberties , and rightfull possessions ; and the many and urgent petitions which we have received , not only from the Citizens of London , but from diverse oth●r parts of this kingdome , expr●ssing their loves and tender affections to his Royall Majesty and Princely Progeny ; their confidence imposed in us of our faithfull integrity and true heartednesse towards our Countrey , in the right framing and rectifying all things that have beene amisse and disordered in the same ; the redressing of their unjust grievances and oppressions , and the setling of true Religion in this kingdome : their loving encouragements for our cheerefull and willing performance of their just de●i●es , may as I conceive , be sufficient causes to stirre up our hearts and ardent affections to satisfie them therein , and not any longer , for any cause whatsoever shall be pretended in opposition of the same , to procrastinate any further time , to bring these Bishops accused , and all other Delinnqents in this State to just tryall and deserved punishment . Mr. Speaker : The evill effects that have succeded of late , by ●eason of the intermission of our proceedings against these Bishops and others , are not unknowne to all men ; of dangerous consequence , disturbing our peaceable and just proceeding in all our designes , touching the great affaires we have had in agitation both of Church and State ; indangered our persons , by giving them liberty to endeavour to put in execution their malicious and divellish plots against us the raising and causing great tumults and uproares about the Parliament , causing and procuring the members of our House , great Pillars in this our Temple , to be accused and questioned as criminous persons ; thereby to avert our prosecution against them ; causing evill suspitions and jealousies of our integrities and loyalties to our gracious Soveraigne , and our native Countrey ; incouraging thereby their favourites and well-wishers to their evill practises , to adventure upon any stratagem , against both our persons and proceedings : Which we , Master Speaker , ( if we in time labour not to prevent the same ) may with too late repentance , bewaile those greater dangers and irrecoverable troubles threatned by these fire-brands of State , who burnes with mischievous intentions of our utter destruction . Mr. Speaker : My humble motion therefore is , that considering seriously with our selves those things which I have briefly mentioned unto you , we may lay aside all feares , depending only upon Almighty God his providence over us , and our Countries loves proffering to defend us , whose servants we are ; and cheerefully with good courage and magnanimous spirits , go on as we have begun , to bring all misdoers in this Kingdome , especially the greatest and chiefest of them , to their triall and condigne punishment . FINIS . 
A16750	----	The hate of treason vvith a touch of the late treason / by N.B. Breton, Nicholas, 1545?-1626? 1616 Approx. 22 KB of XML-encoded text transcribed from 12 1-bit group-IV TIFF page images. Text Creation Partnership, Ann Arbor, MI ; Oxford (UK) : 2004-03 (EEBO-TCP Phase 1). A16750 STC 3658 ESTC S1520 20190805 ocm 20190805 23785 This keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the Early English Books Online Text Creation Partnership. This Phase I text is available for reuse, according to the terms of Creative Commons 0 1.0 Universal . The text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. Early English books online. (EEBO-TCP ; phase 1, no. A16750) Transcribed from: (Early English Books Online ; image set 23785) Images scanned from microfilm: (Early English books, 1475-1640 ; 1706:11) The hate of treason vvith a touch of the late treason / by N.B. Breton, Nicholas, 1545?-1626? [22] p. [s.n.], Printed at London : 1616. In verse. Signatures: A-C⁴. Imperfect: torn, with slight loss of print. Reproduction of original in the Henry E. Huntington Library and Art Gallery. Created by converting TCP files to TEI P5 using tcp2tei.xsl, TEI @ Oxford. Re-processed by University of Nebraska-Lincoln and Northwestern, with changes to facilitate morpho-syntactic tagging. Gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. EEBO-TCP is a partnership between the Universities of Michigan and Oxford and the publisher ProQuest to create accurately transcribed and encoded texts based on the image sets published by ProQuest via their Early English Books Online (EEBO) database (http://eebo.chadwyck.com). The general aim of EEBO-TCP is to encode one copy (usually the first edition) of every monographic English-language title published between 1473 and 1700 available in EEBO. EEBO-TCP aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the Text Encoding Initiative (http://www.tei-c.org). The EEBO-TCP project was divided into two phases. The 25,363 texts created during Phase 1 of the project have been released into the public domain as of 1 January 2015. 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Quality assurance was then carried out by editorial teams in Oxford and Michigan. 5% (or 5 pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet QA standards were returned to the keyers to be redone. After proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of 100 instances per text. Any remaining illegibles were encoded as <gap>s. Understanding these processes should make clear that, while the overall quality of TCP data is very good, some errors will remain and some readable characters will be marked as illegible. Users should bear in mind that in all likelihood such instances will never have been looked at by a TCP editor. The texts were encoded and linked to page images in accordance with level 4 of the TEI in Libraries guidelines. Copies of the texts have been issued variously as SGML (TCP schema; ASCII text with mnemonic sdata character entities); displayable XML (TCP schema; characters represented either as UTF-8 Unicode or text strings within braces); or lossless XML (TEI P5, characters represented either as UTF-8 Unicode or TEI g elements). Keying and markup guidelines are available at the Text Creation Partnership web site . eng Treason -- Poetry. 2003-10 TCP Assigned for keying and markup 2003-11 Apex CoVantage Keyed and coded from ProQuest page images 2003-12 Judith Siefring Sampled and proofread 2003-12 Judith Siefring Text and markup reviewed and edited 2004-02 pfs Batch review (QC) and XML conversion THE Hate of Treason , VVith a touch of the late Treason . By N. B. Printed at London 1616. To the most high and noble Lord the Duke of Lineux , health , honour , and eternall happinesse . RIght honourable , and my gracious good Lord , your apparant true love to his Maiestie , with your assured hate to all his enemies hath made me out of my humble hearts love and service , to his Maiestie and your Grace , to write these few invective lines against the most hatefull , and horrible nature of Treason , and Traitors : I name no person offendant , and wish there were no such offence . But hoping that God will weede out the wicked , and blesse his Maiesty with a world of loving Subiects & encrease his love with many such good friends ' as your selfe , in prayer for his Maiesties , and your long life , with health , and all hearts happinesse , I humbly rest Your Graces in all humble service , N. B. To all that love God , and the King. NObles , and Gentlemen , and all other his Maiesties loving subiects , of what condition soever , let me laie before your eies a few invective lines , against the horrible nature of Treason , and especially against so gracious a King , Queene , and Prince , so honourable a Counsaile , and so blessed a State. The consideration whereof , may make the hearts of all true Christians to tremble , to thinke that the Divell had so great a power in the world , as to sow so much wickednesse in the hearts of vnhappie men . But , God that euer is , and will be gracious vnto his , hath revealed their villanie , and so preserved his people , as in the preservation of our King and Countrey , from the Divell and all his devices , hath given iust cause , day and night to give glorie to his holie Maiestie , to whose Almightie tuition and mercifull goodnesse I leave thee . From my lodging in London . Your friend as I find cause . An Invective against Treason . OH what a wretched wicked world is this , So little faith in soules , or loue in hearts ! So many minds , mind nothing but amisse . Thus on this earth , can Divels play their parts , To poyson soules with such infernall darts , Can nothing flow but wealth and wickednesse , To drowne the world in all vngodlinesse . What mischiefe walkes among the minds of men ? Will nothing serve their discontented wills ? Must they needes run into the divels den ? Are these the scopes of Machiuilian skill , That all the world , with his infection fills ? Oh God , what divell could in ill go further ? Then pride in malice practice hellish murther . To kill at all , is an vnkinde desire , To kill a foe , is but a bloody fact , To kill a friend , a heate of hellish fire , To kill a neighbour , an vngratious act , To kill a brother , horrors fowle abstract , To kill a father , too vnnaturall , To kill a king , the wickedst deede of all . For , father , brother , neighbour , friend , or foe , In each of these , but few to ruine runne : But in a King , or Princes overthrow , How many thousand thousands are vndone ? Wo worth the hand that such ill threed hath spun , As by the worke of Sathans wickednes , A world of Christians should endure distresse . But all together , King , Queene , Prince , and Peere , The Bishop , Lord , the Iudge , the Magistrate , When they should all in parliament appeare , For the establishing of a blessed state , Even then to shew the horror of their hate , And by a fire , devised for the nonce , To teare the house , and blowe them vp at once . What eare doth heare , whose spirit doth not tremble To thinke vpon the horror of this act , If all the Divells did in hell assemble , Among themselves to make a foule compact : How could they finish a more hainous fact , Than so to seeke the ruine of a State , And leave so faire a Land so desolate ? But God in heaven , who from his seat beholdeth , Heav'n , earth , sea , hel , & what ech one containeth , And every thought of every heart vnfoldeth , And for his service , all and some retaineth , Hating the pride his powerful hand disdaineth : Hath broke the force of all their wicked frame , And made their work vnto the world a shame . But of the griefe of griefes , in gratious thought , To see a villaine on a vertuous King , By a secret malice to have murder sought , Murder on him , and on his after spring ; What eare hath heard of a more hellish thing , Than for a little gaine of prides content , To practise murther on the Innocent ? Our gratious King , on whom the King of Grace Hath rainde a showre of his eternall Graces , And over vs , hath given the Kingly place , Of high command , command the King of places Ordainde for him , and for his royall Races : This godly King whom God himself hath sent What do we aile , that he cannot content . To whom is he a foe ? but to our foes , A neighbour borne , and ever found a friend , In love , a brother , and his care who knowes Might , as a sonne , a fathers love commend : And , for a King , let it be wisely weende . And Reasons eies will see that Royalty , That will coniure a Christians loyalty . Whose proved love hath he left vnregarded , Whom , but the wicked , hath hee ever hated ? Whose vertuous acts hath he left vnrewarded ? Whose power , but Prides , hath ever he abated ? Whose humble suites hath he left disalated ? Whose true affect , but he in favour graces ? Whose gratious life , but he in love embraces ? Whose Virgines hath his wanton loue defloured , Whose worthy honour hath his scorne disgraced , Whose wealth hath he with auarice deuoured , Whose loue despised , or whose fame defaced , Or vertuous person from his place displaced : What proued grace , but in his grace approued , To make his Grace of gratious harts beloued . Learnings aduauncer , and Religions loue , Wisedomes affecter , Reasons studient , Valours maintainer , Vertues Turtle doue , Of Maiesty earths royall President : Graces companion , Honours continent , Heau'ns gratious blessing , & worlds worthy wonder , Liue our king Iames , to bring earths kingdoms vnder . Amen , good God , and Diuell let them be , Who to this prayer will not say Amen , Blinde be his eies , and let him neuer see , Who ●ides himselfe in vtter darkenesse denne , And pinnes his thoughts vp in impatience penne , Where by the traines of treasons foule illusion , He brings both soule and body to confusion . Oh , t is a woe , to thinke vpon the thought , That entreth into a defiled heart : And with what speede the wit is ouerwrought , That once is led to learne the Diuells Arte , Who will haue all , if once he get a parte : Where still one sinne he heapes vpon an other , Till he the soule in vtter darkenes smother . He makes a King esteemd below his state , Murder , a Plot , where Policie may plod , Pride , a brave humor , Wealth a Magistrate , Content a kingdome , and a King a God : But in these humours heaven and he are odde : For , good mistaken makes him prove so evill , As far from God doth make him prove a devil . Oh when a crue of ydle headed wits , That think they have a world within their brains , To counsaile fall in their fantasticke fits , By lacke of grace , to lay vngratious traines , See how they make their profite of their paines : Sorow & shame , despaire , death & damnation , The Story writes of Iudas constellation . What can be thought to be the fruit of Treason ? Feare in the heart before it be effected , A lacke of Grace , and an abuse of Reason , Where heedelesse wit is ill , by wil directed , Till both by Wisedome ruinde and reiected : While hope of honor runs on Fortunes wheels , Findes death , and hell to follow at their heeles . Who can have pitty on so vile a soule , As murder seekes on such a gratious King ? Let him be put into the divels roule , Whose heart can yeeld to such a hellish thing : For but from hell doe all such horrors spring : Where let vs see how wicked wits do worke , And how the divell in their wills doth lurke . When Craft hath gotten wealth , and Riches ease , And ease bred pride , and pride ambition , Ambition seekes but it owne selfe to please , And lacke of pleasure breedes sedition : Then if a wicked soules condition Beginne to builde the Tower of Babilon , Who will not laugh at his confusion ? Who hath enough , and yet will looke for more , Let him remember Midas choaking gold : And such a Steward for the Divels store , Onely in heauen , doth his chiefe office hold . Who hath for coine his soule and conscience sold : A Traitor proues in such a high degree , As merites hanging on the highest Tree . When God in mercie sends a gracious King , A gracious King gives tokens of his love , A loving King is such a heavenly thing , As onely grace doth give from God above , To such a King who doth a Traitor prove , To God and man , doth fall out so vngratefull , As both to God & man must needs be hateful . Fie on the world that ever wickednesse , Should roote it selfe so in the heart of man , While gracelesse thoughts in all vngodlinesse , Do onely tincke vpon the golden pan , And make their bread of an vnkindly bran : Which seeming wheat , is but a wicked weede , Sowne by the divell , in a hellish seede . The busie braines that in their high conceits , Begin to build strange Castels in the aire , Will find their humours fall out but deceits , When lacke of wit doth prove but follies heire , While patience passion sits in Sorowes chaire : To see Repentance proue the best event , That can fall out of Rashnesse discontent . Oh glorious God , since man was first created , Was ever heard so great a villanie ! Did ever men deserve so to be hated , As this accursed hellish companie , That in their soules doe hide such treacherie ! Let all the world , through all the world go seek , What eie hath seene , or eare hath heard the like . But our good God , that with his gracious eie Beholdes his children in his charie love , And in the greatnesse of his Maiestie , The siely weakenesse of our soules doth prove , With his high glorious mercies hand above , Even when we most his mercie have offended . Still from destruction , hath our state defended . O blessed Britaine , more then greatly blessed , In God , thy King ; his Councell , and thy state , How can his glorie be enough expressed ? Which to the world they wonders may relate , When not by force of Fortune , nor of Fate , But by his grace , thy King and Counsailes care , This thy deliuerance iustly may declare . Oh heathen , hatefull , and most hellish soules , Void of all thought of God or of his grace , That so could make their throates such bloody bowls And such a poison in their spirits place , All roote of honour , from the land to race ! O that such beasts , as so much shame do beare , Could be forgot as though they never were . Surely in hell this plot had first a breeding , From thence , in low places talk't vpon , Low in a Seller , had it then proceeding : And there by low spirits wrought vpon : To seeke a kingdomes whole confusion : Thus , low in earth and hell , by wicked fiends , Wicked beginnings , make as wicked ends . But truly lowly had those spirits beene , They had not set their haughtie minds so high , Nor had their eies with shame and sorrow seene , The hatefull fruits of hellish treacherie , But Pride , the plotter of all villanie , In cursed thoughts where all confusions dwell , Wrought low in earth to bring them down to hel . For Gallowes minds , not gallant minds indeed , That make Rebellion but a rule of wit , Do seldome better with their Treason speede . Then iustly is for such offences fit , For , God himselfe that ever hateth it , How ere the Divell blinds the damned eies , Will plague it with a world of miseries . Fooles more then mad , with strange imagination , A spiring higher then the hope of Grace , Do headlong runne their soules vnto damnation : Carelesse to note the nature of their race . While beggers seeke both Lordes and Kings to place , Working such wonders as were never knowne , Till all their wicked thoughts be overthrowne . But , was there ever such a wicked dreame , To overthrowe a kingdome with a blast ? Did ever witts so worke against the streame , All care of conscience from the heart to cast , And with their soules to run to hell so fast : It cannot be , but that the men were mad , That in their braines such wicked humors had . For when King , Prince , and lord , and knight were gone Then beggars would begin a gouernment : And lords and princes shall be euery one Within the compasse of the Continent Of this rebellious beastly rabblement : But of this dreame see what a wake doth fall , Mercy or Death must make an end of all . Do we not see it euery houre effected , Treason still hatefull both to God and man ? And traitrous harts from heavenly truth reiected , And hell the place where first the Plot began , When Sathan first did seeke the spoile of man , When Eua●s pride , and Iudas auarice , Do shew the compasse of their deepe deuice . O Pride , betrayer of vntempred thought ! And Avarice , the enemy to grace , Which brings the haps of al their hopes to noght , That in their soules doe suffer them a place , Most filthy sinnes that doe all fame deface . God blesse all Britans , and all Britany , From all the venome of such villany . And now , sweete Lord , that you do plainely see , How God doth plague this hellish sinne of Pride , And what the end of all those Traitors bee , That in their hearts do such a venome hide ; O let it never neere your heart abide , But thinke the note of Truths nobility , All in the vertue of Humility . Prowde Lucifer an Angell was of Light , Till he presumde to mount a steppe too hie , But see what grew of his vngratious fight , From heaven to hell he gat his fall thereby , A iust reward of wicked treachery : Where losse of grace , & gaine of endles griefe , Paies home the prowd , the traitor , & the thiefe . For , Pride first layes the wicked Plot of Treason , Treason steales into the ambitious breast , Ambition robs both wit and sence of Reason ; The heart of Truth , the spirit of his Rest , And makes it cursed , that might else be blest : Of hellish pride , the onely Traytor Thiefe , That is the ground of all eternall griefe . Why Pride doth blinde , the eie infects the minde , Venoms the heart , and gives the soule a sting : And in all vilenes of so vile a kinde : None can describe it , t is so vile a thing , It doth ill humours to such issue bring , That pitty t were but such a plague approved , From christian hearts should ever be removed . O the sweete sence of Loves humilitie ! Which feares displeasure in a dearest friend , The onely note of Truths nobilitie , Whose worthy Grace is graced without end : For , who wants faith , wants little of a fiend : While faithful love , in humble truth approved , Doth ever live , of God and man beloved . Alas , the little time of Natures leave , To runne the course of her allotted care , Where idle shadowes , the eie deceave , That onely hunteth after Fortunes share : And had , must leave it ere it be aware : Looke , looke at heav'n , and let the world go by , Better to die to live , than live to die . Let pride be hatefull vnto every state , It is a vice with vertue not allowed ; And such a vice as vertue hath in hate ; For vertue never makes the spirite prowde , But hath her love the humble heart avowde : And in advauncement of Nobilitie , Gives greatest grace to Truths humilitie . Which grace is gratious in the sight of God , Makes men as Saints , and women Angells seeme , Makes sinne forgotten , mercy vse no rod , And constant faith to proove in great esteeme , While Wisedomes care can never truth misdeem , But is in some , a blessing of the Highest , And to the nature of himselfe the nighest . It maketh Vertue so in Beauty shine , As if on earth there were a heavenly light , It maketh wit in wisedome so divine , As if the eie had a celestiall sight , It is a Guide that leades the spirite right , Vnto the place of that eternall rest , Where all the blessed live for ever blest . It makes a Court a kinde of Paradice In subiects service , and the King his grace , Whose favour drawes their harts vnto his eyes , While they live blessed to behold his face : O blessed Prince , that in his blessed place , In Subiects love beholds his safeties being , While they live happy in their Princes seeing . God in his mercy send those humble mindes To all the Subiects of our gratious King , That he whose wisedom in true iudgement finds Of humble faith , what fruits do fairely spring , In his good grace may give vs cause to sing : If on the earth a heaven be figurde thus , The Lord of heaven graunt it in him , and vs. Confound , 〈…〉 orces of his 〈…〉 Cut off the tray●ors that intend him 〈…〉 And of his thoughts and actions so 〈◊〉 , That we may see thy wisedome in his will : And so his spirite with thy blessing fill , That he may seeke to glorifie thy name , And we be humbly thankefull for the same . O heavenly God , let never hellish braine , Have powre to doe his Maiestie misdeede , But let themselves even by themselves be slaine , That doe their spirites with such poison feede , And let our harts in teares of Comfort bleede , To thinke on thee , to blesse thy people thus , To have so good a King to raigne over vs. Blesse him , our Queen , & gratious Prince of ours , And all their of-spring in their princely places , Raine on their soules in thy celestiall showres , The heav'nly comforts of thy holy graces , That when thou seest thy favours in their faces , They in their loves , and we in thankfull hearts , May in thy prayers make true Musike parts . 〈…〉 wisedome , & his state with wealth , Nobles hearts with Truths nobilitie , 〈…〉 biects all , with loves humilitie : 〈…〉 is governement with such a worthy fame , That he and we may glorifie thy name . Vnto which prayer , let that wretch not live , That doth not say Amen with sincere hart , And doth not thee due glory humbly give , That vnto vs in mercy doost impart Such good , too good for our too ill desart : And grace our musike plaid on tru harts bright For our King Iames blest be the knight . FINIS . 
A04554	----	A lanterne-light for loyall subiects. Or, A terrour for traytours Wherein may be seene the odiousnesse of treason, the deserued ende of traytours, and the wonderfull preseruation of anoynted princes. A matter rightly agreeing with this time of danger, where wicked persons haue desired our publike sorrow, and the ruine of this realme of England. Johnson, Richard, 1573-1659? 1603 Approx. 22 KB of XML-encoded text transcribed from 9 1-bit group-IV TIFF page images. Text Creation Partnership, Ann Arbor, MI ; Oxford (UK) : 2004-11 (EEBO-TCP Phase 1). A04554 STC 14675 ESTC S109172 99844822 99844822 9668 This keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the Early English Books Online Text Creation Partnership. This Phase I text is available for reuse, according to the terms of Creative Commons 0 1.0 Universal . The text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. Early English books online. (EEBO-TCP ; phase 1, no. A04554) Transcribed from: (Early English Books Online ; image set 9668) Images scanned from microfilm: (Early English books, 1475-1640 ; 1277:10) A lanterne-light for loyall subiects. Or, A terrour for traytours Wherein may be seene the odiousnesse of treason, the deserued ende of traytours, and the wonderfull preseruation of anoynted princes. A matter rightly agreeing with this time of danger, where wicked persons haue desired our publike sorrow, and the ruine of this realme of England. Johnson, Richard, 1573-1659? [16] p. By Simon Stafford, dwelling in Hosier lane, neere Smithfield, Printed at London : 1603. Dedication signed: Richard Iohnson. Signatures: A² B⁴ C² . Reproduction of a photostat of the original in the Henry E. Huntington Library and Art Gallery. 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Understanding these processes should make clear that, while the overall quality of TCP data is very good, some errors will remain and some readable characters will be marked as illegible. Users should bear in mind that in all likelihood such instances will never have been looked at by a TCP editor. The texts were encoded and linked to page images in accordance with level 4 of the TEI in Libraries guidelines. Copies of the texts have been issued variously as SGML (TCP schema; ASCII text with mnemonic sdata character entities); displayable XML (TCP schema; characters represented either as UTF-8 Unicode or text strings within braces); or lossless XML (TEI P5, characters represented either as UTF-8 Unicode or TEI g elements). Keying and markup guidelines are available at the Text Creation Partnership web site . eng Treason -- Great Britain -- Early works to 1800. Great Britain -- History -- Elizabeth, 1558-1603 -- Early works to 1800. 2004-06 TCP Assigned for keying and markup 2004-06 Apex CoVantage Keyed and coded from ProQuest page images 2004-07 Emma (Leeson) Huber Sampled and proofread 2004-07 Emma (Leeson) Huber Text and markup reviewed and edited 2004-10 pfs Batch review (QC) and XML conversion A Lanterne-light for loyall Subiects . Or , A terrour for Traytours . Wherein may be seene the odiousnesse of Treason , the deserued ende of Traytours , and the wonderfull preseruation of anoynted Princes . A matter rightly agreeing with this time of danger , where wicked persons haue desired our publike sorrow , and the ruine of this Realme of England . Feare God , Be true to thy Prince : and obey the Lawes . Printed at London by Simon Stafford , dwelling in Hosier lane , neere Smithfield . 1603. ❧ To the right Honorable , the Lord Thomas Howard , Earle of Suffolke , Baron of Walden , Lord Chamberlaine of the Kings houshold , Knight of the Noble order of the Garter , and one of his Maiesties most Honorable priuy Councell , health , happinesse , and prosperity . I Haue aduentured ( Right Honourable Lord ) vnder your Noble protection , to publish to the world , a poore testimony of my loyalty to my Prince and Countrey . A little Pamphlet it is , but a sweete comfort , and a sound counsell for good Subiects , describing many fayre examples of Traytours foule ends ; shewing , that the reward of Treason , is destruction , and after death , lasting infamy . The matter agreeing with the condition of this troublesome time , hath made mee the bolder to present it to your Honourable censure : Acceptance I doe not doubt ; for no good subiect can mislike it . For here , in the name of Experience , I aduise all men , whose heads clyme aboue the heyght of their present conditions , to make loyall and honest actions , the Ladder of their aduauncement , which will commend them with a beloued life , or an honorable death , when Treason is the Hatchet that seuereth life , and ioyneth Infamy vnto death . The Lord be with your Honour in all your affayres ; for whose health and Honorable prosperity , the good subiects of England continually pray . At your Honours commaundement , in all humble duty , Richard Johnson . A Lanterne-light for loyall Subiects : OR , A terrour for Traytours . GOD placeth Kings in their Kingdoms , and he alone will haue the dissoluing of them . If Princes be good , let vs be thankfull to God for them : if they be tyrannous , let vs looke into our sinnes ; for God sendeth Tyrants , to punish the sinnes of the wicked . Therefore , whether Princes be good or bad , let subiects be obedient , lest ( for their disobedience , God take away the good , and double the tyrannie of the bad . Then , I wonder , why men are so bewitched with the inticements of the Deuill , to lay violent hands vpon the Lords Anoynted , knowing , that the reward of such enterprises , is shame and confusion . Wherefore let all men consider this , that God by sundrie examples preserueth the innocent , from the violent hands of the wicked , euen in the pride and greatest hope of their purposes . Haman erected a gallows for Mardocheus the Iew ; and he and his ten sonnes suffred therevpon . The false Iudges had got sentence of death against chaste Susanna : but by diuine prouidence , the stones dashed out their owne braines . But where the practise tendeth to the murther of Anoynted Princes , the odiousnes thereof so highly offendeth the Maiesty of God , as he hath defended euen notable Tyrants , from the murthering swords of Traytours . As for example : Commodus was a wicked Emperour , and to kill him , the Traitor Quintianus wayted at his chamber dore : his dagger was ready drawne , his heart was resolute , and his hand was striking the stroke , at what time the Traytor cryed , This the Senate sendeth thee . By which fore-warning , Quintianus was stayd , and the Emperour escaped vnhurt . If God plucked wit and prudence from Traytors , that purposed to kill such notable Tyrants , as this was , it is constantly to bee beleeued , that with the Shield of his strength , he wil defend righteous Princes , amongst whom our most gracious King is crowned with the soueraigne renowne of vertue : in which dignity the King of Kings long continue his Maiestie . The murther of a Prince is so odious , as euen nature it selfe crieth out against it . King Croesus had a young sonne , that from his birth was dumbe● and yet , when one of King Cyrus soldiers ( taking him for a common person ) was ready to kil him , the Infant cryed out , O , kill him not ; for he is the King my father . Also I haue read of a stranger matter ; namely , of a Kings sonne that brake forth of his mothers wombe , to giue his father warning of his enemies ; & presently after his birth , cryed out , I am borne in a wofull houre , to be the messenger of no better tidings , then that my father is in present danger , so lose both his life and kingdome . Which being spoken , the Infant presently dyed . We hereby perceiue , how the person of an anoynted Prince is so sacred , as nature maketh a passage for sucking babes and dumbe persons , to deliuer the same from danger ; and withall , the Traytor is so open to destruction , as the Preacher saith to the Traytour , A Bird of the ayre shall bewray thy voyce , and with her feathers shall discouer thy words . Korah , Dathan , and Abiram , they , and all that they had , went downe quicke into hell , because of their rebellion . And certainly , whosoeuer marketh the sequel of treason , shall find a hundred examples to one , to proue the end of Traytors to be most miserable . By Statute law , it is petty treason for a seruant to murther his master , being but a subiect . How detestable treason is it then , for a sworne seruant , to lay violent hands on his anoynted Prince ? The offence being in the extremest degree of sinnes , the punishment ought to be according to the seuerest censure of iustice . Euery mans house well gouerned , resembleth a Common wealth , wherein seruants ought to liue in the awe and subiection of subiects . But the wicked policy of men hath alwayes bene such , as where open power was too weake , ambition , enuy , and money , allured the seruants of Emperours & Kings , and men of all estates , to lay violent hands on their masters , and to betray them to death . Iudas , one of the Apostles , betrayed our Sauiour Iesus into the hands of the Iewes . King Alexander was poysoned by his Physicion . The death of the Emperour Commodus , was compassed by the practise of his owne sister . Many haue had their bane by their wiues ; some by their sonnes : but innumerable haue beene destroyed by the treason of their seruants . But let all good subiects , to their comfort , and Traytors , to their confusion , know , that the wicked dig a pit , and fall therein themselues . The Iewes had Saint Paul in prison , where forty of them vowed , that they would neither eate nor drinke , vntil they had slayne him : but God in a due time defended him . The Angell of the Lord led Peter forth of prison . The Angell of the Lord defended Sidrac , Misac , and Abednago in the burning fire . The Angell of the Lord stopped the Lions mouthes , that should haue deuoured Daniel . And there is no doubt but the good Angell of the Lord , with a drawne sword , will defend our Soueraigne Lord King Iames , from all his enemies . A comfortable saying it is , that this holy Angell of the Lord , with a drawne sword ( though not visibly seene ) standeth between the godly and their enemies . And then , though the wicked come armed with an host of men , they shall bee ouercome with their subtill deuices , and their swords shall goe thorow their owne hearts . Call we now to mind our late soueraigne Lady Queen Elizabeth , whom the Angell of the Lord , euen from her cradle , did miraculously preserue from the tyranny of all her enemies . When ( for our sinnes ) Queene Mary committed both the Word and Sword , to the hypocrisy and tyranny of the popish Cleargy , good Lady Elizabeths life was then assayled with a thousand publike and priuate practises , but the Angell of the Lord still stood betweene her and her harmes ; and from the fetters of aduersity , loosed , and crowned her Maiesty , with the supreme dignity of this Realme . Afterwards , in the dayes of her Maiesties most happy raigne , many there were , that with the superstition of Papistry were so blinded , that they sought dayly to take away this good Queenes life : as Arden and Someruile ; the one whereof was quartered , and made a prey for Powles ; the other hanged himselfe , the night before the appoynted day of his execution . The dangerous Traitor Throgmarton , as cunningly as he disguised his odious treasons , was intrapped in the snares , which he set for his Countries destruction , and worthily dyed with the sword , which hee had whetted for the innocent . The odious Atheist Parry likewise had the reward of his fellow Traytors , who , though he had the place and opportunity , yet as gracelesse as he was , the very Maiesty of her princely countenance made him lose his resolution . Many are the falles of Traytors , which I could bring in , since the beginning of Queene Elizabeths raigne , which for this time I omit . But surely , neither her Maiesties goodnes , nor their own duties could mouethem to obedience , that had but once drunke of the dregs of Popery . Therefore all true subiects may sigh and say , Alas : those whose hearts are hardened therein , haue their iudgements blind , and their affections swift to runne vpon destruction . Pharao was warned with diuers plagues , that he should not hinder the departure of the children of Israel forth of Egypt : yet he would needs follow them , to his vtter destruction . Gods iustice strooke Mahomet with the falling sicknesse , to make him knovv and repent his blasphemie : but to strengthen the peoples misbeleefe , the Deuill taught him to say , that his traunce proceeded of the conference of an Angell , vvhose diuine presence could not endure his earthly shape . Vpon the principall day of the bloudy murther at Paris in Fraunce , as a token that Gods word should flourish , in despight of their cruelty , a dead and withered tree bare greene leaues , in that Churchyard that receiued many a murthered carkase . And yet the Papists , on the contrary part , applied this prophesying example , to the second florishing of the Romish church . Thus blind they are in their wicked imaginations & traytrous attempts : and thus , with such vaine hopes , are all Traytors led vnto the follies , and falles of vnloyall subiects . Wherefore , howsoeuer they perswade themselues , and threaten our Countrey with a change of prosperity ; so long as we feare God , and be true to his Maiesty , our peace will vndoubtedly last , and the * disturbers thereof are like shortly to taste their own miserable fortunes , being already iustly condemned for their trayterous attempts against our most gracious King , and their owne natiue Countrey . Therefore let all sorts of people beare this in mind , that whosoeuer loseth his life by any kind of treason or violence , God will not onely reuenge the bloud of the same man so murthered , but will also seuerely punish the murtherers in a strange maner . God punished the murther of Abel , committed by his brother Cain , with a most bitter curse ; and yet that there might bee no protection in murder , God sayd himselfe , That whosoeuer slue the reprobate Cain , it should be auenged seuen fold . And now to touch the guilt of murther more neerely , God requireth the bloud of Innocents , at the hands of Kings and anoynted Princes , as thus : To punish the fault of King Dauid , in seeking the death of Vrius , God tooke away the life of the child , which Dauid had by Vrias vvife . Furthermore , in the time of King Dauid , there were three yeres famine , and Dauid demaunded the cause why ? And the Lord sayd , It was for Saul , and the house of bloud , because he slew the Gibeonites . According to the opinion of Erasmus , the consenter to murther , is as gilty as the doer . Iudas that betrayed Christ , and Pilate that adiudged him to death , only to please the Iewes , carried the feareful burthen of murther in their consciences , and by the horrour thereof , wrought their owne destructions . Moreouer , nature hath taught the very Infidels and heathen people to beleeue , that vengeance followeth murther . Reason then may perswade all Christians , to assure themselues , that the bloudthirsty are worse then Infidels , and cannot escape the sword of vengeance . Now , seeing that Kings , if they shead any bloud , otherwise then by the sword of Iustice ; and Iudges , if they adiudge death for hatred , feare , or gayne , by Gods righteousnes are punished as murtherers : what may they then expect , that in corners lay violent hands on annoynted Kings , or without colour of authority , murther the innocent ? If the eyes of their vnderstanding were not blind , they might see a bad successe in their purpose , and the open confusion of themselues . I haue read of a number of good and bad Princes , and also of other which haue bene bereaued of their liues , by the violent hands of secret Traitors : but among a hundred , you shall hardly find of one murtherer , that hath escaped the torture of Gods vengeance . Brutus and his partakers murdered Iulius Casar ; but not one of them escaped a violent death . Wee may yet remember the vnhappy murther of the King of Scotland , father to our Soueraigne Lord , King Iames ( whose life God long continue ) how villanously he was made away : yet the greatest fauourers , & the greatest procurers of the sayd murther , were by common iustice drawn to commit almost all the murderers into the hands of the hangman ; and such as escaped , and were not bound to the censure of the law , could by no meanes shift themselues from the vengeance of God. Iohn I●r●g● , that first assailed the godly Prince of Orange , had the common reward of Traytors . And the most odious Atheist Balthazar Serack , that slue the sayd Prince , for all the blessings of the Pope , the commendations and threatnings of the King of Spaine , exchanged the Pistoll wherewith hee slue him , for most horrible tortures to bee executed vpon himselfe , being the iust reward for his haynous treason . I could alledge infinite examples , to disswade men from violent murther , which Gods prouidence many wayes preuenteth , when as his iustice neuer leaueth the murtherer vnpunished . Yet if Traytors had reason to obserue the iudgements of such practisers , or experience to looke into the wisdome of this age , they should see their attempt as vayne a matter , as to throw stones against the starres , or with a knock of their head to leuell a mountaine , that seeke to displace a beloued Prince . But now to wade into the depth of our subiect , ambition and desire of dignity , is the welspring of rebellion and treason : they that will flye without wings , are like to fall before they are wise . Hee that is borne to bee a seruant , in no wise ought to looke for double attendance . Dignity is like a vane on a high Tower , which is subiect to the chaunce of fortune , as the other is to the chaunce of the wind . And , who so will sit surely vpon the seat of prosperity , must , like the Snayle , get experience with slow climing ; lest in taking a swifter course , like vnto a Bird , he be remoued with the least stone that is throwne , I meane , with the least disgrace of fortune . If mens minds grow bigger then their naturall conditions , there are many examples of vertue to imitate , which haue raised sundry men from the cart to the highest degree of honour : when otherwise , in clyming by treason , many honorable Estates dye dishonorably , and to their posterity , leaue no better Inheritance , then Infamy . Therefore let all ambitious minded men know , that destruction followeth presumption , and the clyming of pride will haue a fall . And now I thinke it not amisse , to discourse vnto you the speaches of an English Traytour , which hee spoke at his execution within these few yeres : and his words were these , Oh , woe is me , vnhappy man ! I may now rightly compare my estate to the state of Adam , who at first was placed in Paradise , and there enioyed all the pleasures of the earth , and was onely forbidden to eate of the fruite of one tree : but for his transgression , he not onely procured misery vpon his owne head , but vpon the heads of all his posterity . So ( quoth he ) I that wanted nothing , but had health , wealth , and friends , and so might long haue liued , if I could haue forborne to haue bin vntrue to my Prince : but alas , for my offence , I haue brought my selfe vnto this misery , by which , my good mother , my louing wife , my foure brethren , and sixe sisters , yea , and our whole house ( neuer before attaynted ) is infamed , and our posterity for euer like to be vndone . By his ouerthrow all men are warned to make choyce of good company : for the old Prouerbe is verified , Euill company corrupts good maners . And truly , the injury he hath done to his vvhole posterity , may be a fearefull example , to feare men from treason , especially the Nobility and better sort of Gentlemen : for they thereby not onely lose their liues and liuings , but the honour of their houses are corrupted . Contrarivvise , for the vertue and dutifull seruice of one man , a number of his posterity receiue both honour , and many other worldly blessings . Hereby we may compare a Traytors offence to Adams fault , and wee may liken the sacred Maiesty of our renowmed King , to the pleasant and glorious fruit of the tree of life , so precious in Gods eyes , as he forbade Adam , and all the seed of Adam , to lay violent hands vpon . But now , to returne againe to the bad successe of Traytors in their attempts , consider yet these fewe examples , that hapned in Queene Elizabeths dayes . First , consider we how Pius quintus set Doctor M●rt●● on worke ( being an English Fugitiue ) to rayse a commotion in the North parts , where the Earle of Westmerland , and other great personages entred into open rebellion : yet the very sound of her Maiesties power dismayed them , and happy was he that could run fastest away . The principals fled ; but escaped not the iustice due vnto Traytors : and the Earle of Westmerland himselfe euer after liued in pouerty , and for a bare allowance , was subiect to the proud controlement of euery rascall Spanyard . Felton , to draw her Maiesties subiects from dutifull obedience , set vp the Popes Bull vpon the Bishop of Londons gate : but ( God be praysed ) the hornes , that should haue gored the innocent , turned into a halter to hang the Traytor Felton . The Pope expecting no good successe by open force , then armed his practises with Machiauils policies : Mader & Barlow , were made Instruments to murther some principal Magistrates : but their confusion was speedy , and their purpose frustrate . The peace of England was troubled with the conspiracy of Throg●●rton , Appleyard , Brooke and others ; but they had no better successe , then in helping thēselues to the gallow● . Doctor Story may be an example of Gods iustice herein ; the Earle of Desmond , Doctour Saunders , Campion , the foureteene Traytors , and many others may be sufficient witnesses of the miserable ends of Traytors . Moreouer , we may read in King Edward the sixt his time , of a generall rebelliō that was almost throughout England : yet al had bad successe . The Papists tempted the commons to rebellion , with perswasions to throw downe inclosure , and for themselues foysted in , to haue their olde Religion againe . The banishment of strangers , hath bin made the cause of many commotions . Also the Northerne men had but a bad proofe of two rebellions , when they had the Crosse and Banner of fiue wounds borne before them . And to conclude , thus you may see the iust end and due desert of all Traytors . Therefore my counsell is ( which I speake from the true zeale of my heart ) that my louing brethren the subiects of England , open not their eares to the subtill perswasions of Papists , lest rebellion enter into their hea●ts , & so vengeance light vpon their whole bodies . If this counsell were surely grafted in all mens hearts , then no doubt , but the rotten braunches of rebellion would soone be cut off , and vnity surely placed in England , to the great comfort of our Soueraign Liege King Iames ; whom the Lord of Hostes preserue ●nd keepe , and all that wish him well . Notes, typically marginal, from the original text Notes for div A04554-e220 ●lutarch . Persia● Hist. Ecclesiastes . 10. 20. * Sir Walter Rawley , Sir Griff●● Markham , M. George Brooke , M. Antony C●pley , M. Brooksby , Watson , & Clarke . 
A29006	----	A speech made by Master Bagshawe in Parliament concerning the triall of the twelve bishops on Munday the seventeenth of January, anno 1641 : as also the articles now in agitation objected against them. Bagshaw, Edward, d. 1662. This text is an enriched version of the TCP digital transcription A29006 of text R12951 in the English Short Title Catalog (Wing B400). Textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. The text has been tokenized and linguistically annotated with MorphAdorner. The annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). Textual changes aim at restoring the text the author or stationer meant to publish. This text has not been fully proofread Approx. 7 KB of XML-encoded text transcribed from 4 1-bit group-IV TIFF page images. EarlyPrint Project Evanston,IL, Notre Dame, IN, St. Louis, MO 2017 A29006 Wing B400 ESTC R12951 13017807 ocm 13017807 96592 This keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the Early English Books Online Text Creation Partnership. This Phase I text is available for reuse, according to the terms of Creative Commons 0 1.0 Universal . The text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. Early English books online. (EEBO-TCP ; phase 1, no. A29006) Transcribed from: (Early English Books Online ; image set 96592) Images scanned from microfilm: (Early English books, 1641-1700 ; 259:E200, no 10) A speech made by Master Bagshawe in Parliament concerning the triall of the twelve bishops on Munday the seventeenth of January, anno 1641 : as also the articles now in agitation objected against them. Bagshaw, Edward, d. 1662. [7] p. Printed for T. T., London : 1642. Reproduction of original in Thomason Collection, British Library. eng Church of England -- Bishops. Treason -- England -- Early works to 1800. Great Britain -- History -- Civil War, 1642-1649 -- Sources. A29006 R12951 (Wing B400). civilwar no A speech made by Master Bagshawe in Parliament concerning the triall of the twelve bishops on Munday the seventeenth of January, anno 1641. Bagshaw, Edward 1642 1126 19 0 0 0 0 0 169 F The rate of 169 defects per 10,000 words puts this text in the F category of texts with 100 or more defects per 10,000 words. 2006-01 TCP Assigned for keying and markup 2006-01 Apex CoVantage Keyed and coded from ProQuest page images 2006-02 Mona Logarbo Sampled and proofread 2006-02 Mona Logarbo Text and markup reviewed and edited 2006-04 pfs Batch review (QC) and XML conversion A SPEECH made by Master BAGSHAWE IN PARLIAMENT Concerning the Triall of the Twelve Bishops on Munday the Seventeenth of January , Anno 1641. AS ALSO , The Articles , now in agitation , objected against them . London , Printed for T. T. 1642. A Speech made by Master Bagshawe in Parliament , concerning the Triall of the twelve Bishops on Munday the seventeenth of January , Anno 1641. M. Speaker , WE are now upon the Grand businesse the Bishops Tryall expected of all men , and much desired their ▪ crimes for which they are accused are two fold . 1 The first consisting of misdemeanour and great offences committed by them against their Country , whereof they have been but unprofitable members . 2 The second consisting of Crymes of the highest nature and most dangerous consequence that can be committed by any subject , and that is Treason in the highest degree , both against their lawfull Prince his rightfull power and just prerogatives , and against the whole body politique of this kingdome . Upon the first of these we have proceeded against them by Legall charge ▪ proving them guilty of the same , and by vote of this House , condemned them in a premunite and misprission of Treason . Upon the last we are now in agitation , which is our Accusation and Impeachment of them of high Treason . M. Speaker . I doe verily beleeve that this is a thing marvelled at and taken notice of even over the Christian World , not their occusation , for it is an ordinary thing in Common-wealthes to accuse and punish misdoers in the same , but the number of delinquents at one time accused never in myreading can I shew president of the like of onesocietie linked all together in one Function and Profession joyned in one cause bent , and I conceave Covenanted together to worke mischeife : Bishop that have beene heretofore many of them ( though one or two perchance have beene retrograde ▪ ) have beene glorious lamps in the C●urch that have sealed the truth of God with the shedding of their most precious bloud in those times , you see there were some good ones , nay of the greater number ; but sithence vniversally corrupted and stayned with all manner of pollutions even all of that function and Office Bookes a generall falling away from the truth , a generall endeavour to seduce others to doe the like , It is ordinary for all Kingdomes and States whatsoever to have amongst them some wicked and perverse wights , yoa and of the greater accompt and worth in the same , but for the most part their Prophets Priests and other Religious and holy men that have beene as they conceaved their spirituall Pastors and Teachers of them in their Religion , have beene free and cleare from all attempts and enterprices that might prove dangerous and destructive to their severall places of Nativitie wherein they ●r● subjects or inhabitant● , nay shall I bring forth as examples the lives of the very He●then whose wisedome and understanding was meerely naturally voide of all heavenly and spirituall light , that never heard or beleeved the word of God concerning Christ and his Gospell , onely beleeve a He●ven and a Hell , pl●ce be t●eir interpretation conteyning everlasting felicitie or perpetu●ll miserie after the dissolution and ending of their naturall lives these men I say which doe know nothing but by the instinct of n●ture , yet ever held and taught that piety and vertue in their lives and conversations was the onely meanes to obtaine after Death everlasting selicitie , and that wickedness impietie and ungodline● produced perpe●u●ll miserie : what then shall we s●y M. speaker . of t●ese Prelates that have not onely by nature knowledge and understanding as these heat●ens had , but have the knowledge of the truth and pure word of God revealed unto them that have obtained favour of God , to be dispensers and destributers Teachers and Preachers of the same that have turned this truth of God into a lye , the grace of God into wantoures and perverted the wayes of godlinesse by their owne vitious and ungratious live have led in ignorance and blindnesse the Flocke of Christ over which they have been placed as Shepheards , thereby permitting and suffering them to walk in strange waies , according to their own inventions , how thinke they that they will answer these things to their Master Christ , when they shall be called to an account for the same , before his Tribunall . But to leave this discourse concerning their abuses in Religion , as they ought to have beene the onely servants and M●ssengers of God , for the building up of his Kingdome and the overthrow of the Kingdome of Antichrist , and come to their abuses and misdemeanour in this Kingdome as they have usurped to themselves Temporall power and jurisdiction in offices of civill Judicature for which they stand now accused and charged and proceeded against by vote of this House upon the said accusation and charge , and their desperate and malitious attempt , in presuming to petition his Majestie , and protest in the same against our proceedings , to bring them to deserver punishment for their offences , upon which they now stand accused of high Treason : and our charge proving the same now made compleat , and exhibited to them for their speedy answer thereto ; which is this daies businesse to consider of . M. Speaker , The answer they have put in to our charge , is now to be taken into our considerations whether the some be sufficient , or no , which I conceive is insufficient , for these Reasons . First , their Impeachment is for matter of Fact , which cannot be answered , as I conceive by any circumstance whatsoever , though never so pregnant and impertinent . Secondly , Although never so cleere and perspicuous to answer Treason by way of Plea and demurre , I conceive to be contrary to the rules of Parlimentary proceedings . Thirdly and lastly , To answer joyntly together when their charge is perticular and severall , is not agreeable to Parliament proceedings . And thus much , Master Speaker , concerning this our present businesse , which I humbly desire may be expedited , and no longer procrastinated by any dilatory plea of the Bishops ▪ but that we may proceed with all convenient expedition to their finall sentence . FINIS . 
A29558	----	The Lord Digby his last speech against the Earle of Strafford occasioned upon the reading the bill of attainder touching the point of treason. Last speech against the Earle of Strafford Bristol, George Digby, Earl of, 1612-1677. This text is an enriched version of the TCP digital transcription A29558 of text R7473 in the English Short Title Catalog (Wing B4767). Textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. The text has been tokenized and linguistically annotated with MorphAdorner. The annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). Textual changes aim at restoring the text the author or stationer meant to publish. This text has not been fully proofread Approx. 15 KB of XML-encoded text transcribed from 12 1-bit group-IV TIFF page images. EarlyPrint Project Evanston,IL, Notre Dame, IN, St. Louis, MO 2017 A29558 Wing B4767 ESTC R7473 12989432 ocm 12989432 96309 This keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the Early English Books Online Text Creation Partnership. This Phase I text is available for reuse, according to the terms of Creative Commons 0 1.0 Universal . The text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. Early English books online. (EEBO-TCP ; phase 1, no. A29558) Transcribed from: (Early English Books Online ; image set 96309) Images scanned from microfilm: (Early English books, 1641-1700 ; 259:E198, no 1) The Lord Digby his last speech against the Earle of Strafford occasioned upon the reading the bill of attainder touching the point of treason. Last speech against the Earle of Strafford Bristol, George Digby, Earl of, 1612-1677. [2], 14 p. s.n.], [London? : 1641. Reproduction of original in Thomason Collection, British Library. eng Strafford, Thomas Wentworth, -- Earl of, 1593-1641. Treason -- England. A29558 R7473 (Wing B4767). civilwar no The Lord Digby his last speech against the Earle of Strafford, occasioned upon the reading the bill of attainder touching the point of treas Bristol, George Digby, Earl of 1641 2569 3 0 0 0 0 0 12 C The rate of 12 defects per 10,000 words puts this text in the C category of texts with between 10 and 35 defects per 10,000 words. 2000-00 TCP Assigned for keying and markup 2001-09 Apex CoVantage Keyed and coded from ProQuest page images 2002-06 Sara Gothard Sampled and proofread 2002-06 Sara Gothard Text and markup reviewed and edited 2002-07 pfs Batch review (QC) and XML conversion THE LORD DIGBY His last Speech against the Earle of Strafford , Occasioned upon the reading the Bill of Attainder touching the point of Treason . Printed Anno , 1641. The Lord Digby's last speech against the Earle of Strafford , occasioned upon the reading the Bill of Attainder , touching the point of Treason . Master Speaker . WEe are now upon the point of giving ( as much as in us lyes ) the finall sentence unto death or life , on a great Minister of State , and Peere of this Kingdome , Thomas Earle of Strafford . A name of hatred in the present ages by his practices , and fit to be made a terrour to future ages by his punishment . I have had the honour to be employed by the House , in this great busines ; from the first houre that it was taken into consideration , it was a matter of great trust , and I will say with confidence , that I have served the House in it with industry ( according to my ability ) with most exact faithfulnesse and secrecie . And as I have hitherto discharged my duty to this House , and to my Country in the progresse of this great cause , so I trust I shall do now in the last period of it , to God , and to a good conscience . I doe with the peace of that unto my selfe , and the blessings of Almighty God to me and my posterity , according as my judgment on the life of this man shall be consonant with my heart , and the best of my understanding in all integritie . I know well Master Speaker , That by some things I have said of late , whilst this Bill was in agitation , I have raised some prejudices upon me in the cause . Yea , some ( I thank them for their plain dealing ) have been so free as to tell mee , That I suffered much , by the backwardnesse I have shewn in this Bill of Attainder of the E. of Strafford , against whom I had been formerly so ●een , so active . Master Speaker , I beg of you and the rest , but a suspension of judgments concerning mee , till I have opened my heart unto you freely and cleerly in this businesse . Truly Sir , I am still the same in my opinions and affections unto the Earle of Strafford , as that I confidently believe him the most dangerous Minister , the most insupportable to free subjects that can be caractered . I believe his practizes in themselves as high , as Tyrannicall , as any subject ever ventred on ; and the malignity of them hugely aggravated by those rare abilities of his , where of God hath given him the use , and the Devill the application ; in a word , I believe him still that grand Apostate to the Common-wealth , who must not expect to be pardon'd it in this world , till he be dispatched to the other : and yet let mee tell you Master Speaker , My hand must not be to that dispatch ; I protest , as my conscience stands informed , I had rather it were off . Let mee unfold unto you the Mystery , ( Master Speaker ) I will not dwell much upon justifying unto you my seeming variance at this time , from what I appeared formerly , by putting you in minde of the difference betweene Prosecutors and Iudges , how misbecomming that fervour would be in a Iudge , which perhaps was commendable as a Prosecutor ; Iudges we are now , and must put on another personage . It is honest and noble to be earnest in order to the discovery of Truth ; but when that hath bin brought as farre as it can to light , our judgment thereupon ought to be calme and cautious . In Prosecution , upon probable grounds , we are accountable onely for our Industry , or Remisnesse ; but in Iudgment wee are deeply responsible to God Almighty , for its rectitude , or obliquity : In Cases of Life , the Iudge is Gods steward of the parties bloud , and must give a strict account for every drop . But as I told you Master Speaker , I will not insist long upon this ground of difference in me now , from what I was formerly . The truth on 't is sir , The same ground whereupon I with the rest of the five , to whom you first committed the consideration of my Lord of Strafford , brought down our opinion , That it was fit hee should bee accused of Treason ; upon the same ground , I was engaged with earnestnesse in his prosecution , and had the same ground remayned in that force of beliefe with me ( which till very lately it did ) I should not have bin tender in his Condemnation : but truly sir , to deale plainly with you , That ground of our accusation , that spur to our prosecution , and that which should be the Basis of my judgment of the Earle of Strafford , as unto Treason , is to my understanding quite vanished away . This it was Master Speaker . His advising the King to employ the Army of Ireland to reduce England . This I was assured would be proved before I gave my consent to his accusation , I was still confirmed in the same belief , during the prosecution , and fortified in it most of all since Sir Henry Vains preparatory examinations by the assurances which that worthy member M. Pimme gave me , That his testimony would be made convincing by some notes of what passed at the juncto concurrent with it , which I ever understanding to be of some other Counsellour , you see now prove but a copy of the same Secretaries notes discovered and produced in the manner you have heard , and those such disioynted fragments of the venemous part of discourses , no results , no conclusions of Counsels , which are the onely things that Secretaries of State should register ; there being no use at all of the other , but to accuse and to bring men into danger . But , Sir , This is not that which overthrows the Evidence with me , concerning the Army of Ireland , nor yet all the rest of the juncto upon their oaths remember any thing of it . But this Sir which I shall tell you , is that which works with me ( under favour ) to an utter overthrow of his Evidence , as unto that of the Army of Ireland , before whilst I was a Prosecutor , and under tye of secrecie , I might not discover any weaknesse of the cause , which now as a Iudge I must . Master Secretary was examined thrice upon oath at the preparatory Cōmittee . The first time , hee was questioned to all the Interrogatories ; and to that part of the seventh which concerns the Army of Ireland , he saith positively in these words , I cannot charge him with that , but for the rest , he desires time to recollect himselfe , which was granted him . Some days after ( the precise time I cannot say ) he was examined a second time , and then deposés these words concerning the Kings being absolved from rules of Government and so forth , very cleerly ; but being prest to that part concerning the Irish Armie again , can say nothing to that . Here we thought wee had done with him , till divers weeks after , my Lord of Northumberland , and all others of the Iuncto , denying to have heard any thing concerning those words of reducing England by the Irish Armie , It was thought fit to examine the Secretarie once more ; and then he deposed these words to have bin said by the Earle of Strafford to his Majesty , You have an Armie in Ireland , which you may employ here to reduce ( or some words to that sence ) this Kingdome . Master Speaker , these are the circumstances which ( I confesse with my conscience ) thrust quite out of doores that grand Article of our charge , concerning his desperate advice to the King , of employing the Irish Army here . Let not this I beseech you be driven to an aspersion upon Master Secretarie , as if hee should have sworne otherwise then he knew , or believed ; hee is too worthy to doe that ; onely let thus much be inferred from it , that he who twice upon oath , with time of recollection , could not remember any thing of such a businesse , might well a third time misremember somewhat ; and in this businesse , the difference of one Letter , here for there , or that for this , quite alters the case , the latter also being more probable , since it is confessed of all hands , that the debate then was concerning a war with Scotland , and you may remember , that at the Bar hee once said , to employ there ; and thus Master Speaker I have faithfully given you an account , what it is that hath blunted the edge of the hatchet or bill with mee towards my Lord of Strafford . This was that whereupon I accused him with a free heart , prosecuted him with earnestnesse , and had it to my understanding bin proved , should have condemned him with innocence : Wherein now I professe I cannot satisfie my conscience to doe it . I professe I can have no Notion of my Lords intent to subvert the Laws treasonably by force , and this designe of force not appearing , all his other wicked practices cannot amount so high with me . I can find a more easie and more naturall spring , from whence to derive all his other crimes , then from an intent to bring in tyranny ( and to make his own posterity aswell as us slaves ) as from Revenge , from Pride , from Avarice , from Passion , and insolence of Nature . But had this of the Irish Army bin proved it would have diffused a complexion of Treason over all ; it would have beene a Weith indeed to binde all those other scattered and lesser branches , as it were into a faggot of Treason . I doe not say but the rest may represent him a man as worthy to die , and worthier perhaps then many a Traitour ; I doe not say , but they may justly direct us to enact that the like shall be Treason for the future : but God keep me from giving judgment of death on any man , and of ruine to his innocent posteritie upon a Law made à posteriore . Let the mark be set on the door where the Plague is , and then let him that will enter die . I know Master Speaker , there is in Parliament a double power of Life and Death by Bill , a judiciall power , and a Legislative ; the measure of the one is what 's Legally just , of the other what 's Prudentially and Politickly fit for the good and preservation of the whole . But these two ( under favour ) are not to be confounded in judgment , we must not proceed upon want of Legalitie with matter of conveniencie , nor the defailance of Prudentiall fitnesse , with a pretence of Legall justice . To condemne my Lord of Strafford judicially as for Treason , my Conscience is not assured that the matter will beare it . And to do it by the Legislative power , my Reason consultively cannot agree to that , since I am perswaded , neither the Lords nor the King will passe the Bill ; and consequently , that our passing it will be a cause of great divisions and combustions in the State . And therefore my humble advice is , That laying aside this Bill of Attainder , we may think of another ( saving onely Life ) such as may secure the State from my Lord of Strafford , without indangering it as much by division concerning his punishment , as he hath endangered it by his practizes . If this may not be hearkned unto , let me conclude in saying that unto you all , which I have thoroughly incultated to my own conscience upon this occasion ; Let every man lay his hand upon his heart , and sadly consider what wee are going to doe , with a breath , either Iustice or Murther , Iustice on the one side or Murther heigthned and aggravated , to its supremist extent : For as the Ca●●ists say , That he who lies with his sister commits incest , but hee that marries his sister , sins higher by applying Gods ordinance to his crime : So doubtlesse he that commits Murther with the sword of Iustice , heightens that crime to the utmost . The danger being so great , the case so doubtfull , that I see the best Lawyers in Diametrall opposition concerning it Let everyman wipe his heart , as hee does his eyes when he would judge of a nice and subtle object , the Eye if it be pretainted with any colour is vitiated in its discerning . Let us take heed of a blood sho●t●… Eye of judgment . Let every man purge his heart cleere of all passions , I know this great and wise body politike can have none ; but I speake to Individuals , from the weaknesse which I find in my selfe : Away with all personall animosities ; Away with all flatteries to the people in being the sharper against him , because he is odious to them ; away with all feares , lest by the sparing his blood they may be incenst ; away with all such considerations , as that it is not fit for a Parliament , that one accused by it of Treason , should scape with life . Let not the former vehemencie of any against him , no feare from thence , that his cannot be safe , while that man lives to be an ingredient in the sentence of any one of us . Of all these corruptives of judgement , Master Speaker , I doe before God discharge my selfe to the utmost of my power : and with a cleer conscience wash my hands of this mans blood , by this solemne protestation , That my vote goes not to the taking of the Earle of Straffords life . FINIS . 
A28043	----	Cases of treason written by Sir Francis Bacon, Knight ... Bacon, Francis, 1561-1626. This text is an enriched version of the TCP digital transcription A28043 of text R16590 in the English Short Title Catalog (Wing B272). Textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. The text has been tokenized and linguistically annotated with MorphAdorner. The annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). Textual changes aim at restoring the text the author or stationer meant to publish. This text has not been fully proofread Approx. 49 KB of XML-encoded text transcribed from 20 1-bit group-IV TIFF page images. EarlyPrint Project Evanston,IL, Notre Dame, IN, St. Louis, MO 2017 A28043 Wing B272 ESTC R16590 11930894 ocm 11930894 51108 This keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the Early English Books Online Text Creation Partnership. This Phase I text is available for reuse, according to the terms of Creative Commons 0 1.0 Universal . The text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. Early English books online. (EEBO-TCP ; phase 1, no. A28043) Transcribed from: (Early English Books Online ; image set 51108) Images scanned from microfilm: (Early English books, 1641-1700 ; 50:14 or 253:E160, no 1) Cases of treason written by Sir Francis Bacon, Knight ... Bacon, Francis, 1561-1626. [4], 35 p. Printed by the Assignes of John More, and are sold by Matthew Walbancke, and William Coke, London : 1641. Reproduction of original in Huntington Library and Thomason Collection, British Library. eng Treason -- England. A28043 R16590 (Wing B272). civilwar no Cases of treason. Written by Sir Francis Bacon, Knight, His Maiesties Solicitor Generall. Bacon, Francis 1641 8836 10 0 0 0 0 0 11 C The rate of 11 defects per 10,000 words puts this text in the C category of texts with between 10 and 35 defects per 10,000 words. 2000-00 TCP Assigned for keying and markup 2001-00 SPi Global Keyed and coded from ProQuest page images 2001-07 TCP Staff (Michigan) Sampled and proofread 2003-04 SPi Global Rekeyed and resubmitted 2005-03 Melanie Sanders Sampled and proofread 2005-03 Melanie Sanders Text and markup reviewed and edited 2005-04 pfs Batch review (QC) and XML conversion CASES OF TREASON . Written BY SIR FRANCIS BACON , KNIGHT , HIS MAIESTIES Solicitor Generall . LONDON , Printed by the Assignes of JOHN MORE , and are sold by Matthew Walbancke , and William Coke . Anno 1641. The Contents . Chap. I. CAses of Treason . pag. 1. Chap. II. The punishment , triall , and proceeding in cases of Treason . pag. 4. Chap. III. Cases of Misprision of Treason . pag. 6. Chap. IIII. The punishment , tryall , and proceeding in cases of Misprision of Treason . Ibid. Chap. V. Cases of petie Treason . pag. 7. Chap. VI . The punishment , tryall , and proceedings in cases of petie Treason . Ibid. Chap. VII . Cases of Felonie . pag. 8. Chap. VIII . The punishment , tryall , and proceedings in cases of Felonie . pag. 11. Chap. IX . Cases of Felony de se , with the punishment , triall , and proceedings . pag. 14. Chap. X. Cases of Premunire . Ibid. Chap. XI . The punishment , triall , and proceeding in cases of Premunire . pag. 16. Chap. XII . Cases of Abjuration and Exile , and the proceedings therein . Ibid. Chap. XIII . Cases of Heresie , and the triall and proceedings therein . pag. 18. Chap. XIIII . The Kings Prerogative in Parliament . Ibid. Chap. XV . The Kings Prerogative in matters of Warre or Peace . pag. 19. Chap. XVI . The Kings Prerogative in matters of moneys . pag. 20. Chap. XVII . The Kings Prerogative in matters of Trade and Traffick . Ibid. Chap. XVIII . The Kings Prerogative in the persons of his Subjects . pag. 21. Chap. XIX . An Answer to the Question proposed by Sir Alexander Hay Knight , touching the Office of Constables . pag. 22. Chap. XX . Three ends of the Institution of the Court Leete . pag. 24. Chap. XXI . The jurisdiction of Iustices itinerantes in the Principality of Wales . pag. 31. CASES OF TREASON . CHAP. I. WHere a man doth compasse or imagine the death of the King , the Kings Wife , the Kings eldest Sonne , and Heire apparent , if it appeare by any overt act , it is Treason . Where a man doth violate the Kings Wife , the Kings eldest daughter , unmarried , the Wife of the Kings eldest Sonne , and Heire apparent , it is Treason . Where a man doth levie warre against the King in the Realme , it is Treason . Where a man is adherent to the Kings enemies , giving them aid and comfort , it is Treason . Where a man counterfeiteth the Kings great Seale , privie Signet , Signe manuall , it is Treason : likewise his money . Where a man bringeth into this Realme false money , counterfeited to the likenesse of English , with intent to merchandize or make paiment thereof , and knowing it to be false money , it is Treason . Where a man counterfeiteth any coyne currant in payment within this Realme , it is Treason . Where a man doth bring in any money being currant within the Realme , the same being false and counterfeit , with intent to utter it , and knowing the same to be false , it is Treason . Where a man doth clipp , waste , round , or file any of the Kings money , or any forraigne coyne , currant by Proclamation , for gaines sake , it is Treason . Where a man doth any way impaire , diminish , falsifie , skale or lighten money currant by Proclamation , it is Treason . Where a man killeth the Chancellor , the Treasurer , the Kings Justices in Eire , the Kings Justices of Assises , the Justices of Oyer and Terminer , being in their severall places , and doing their Offices , it is Treason . Where a man procureth or consenteth to Treason , it is Treason . Where a man doth perswade or withdraw any of the Kings Subjects from his obedience , or from the Religion by his Majestie established , with intent to withdraw any from the Kings obedience , it is Treason . Where a man is absolved , reconciled , or withdrawne from his obedience to the King , or promiseth obedience to any forraigne Power , it is Treason . Where any Jesuite , or any other Priest ordained since the first yeere of the reigne of Queene Elizabeth , shall come into , or remaine in any part of this Realme , it is Treason . Where any person being brought up in a Colledge of Jesuites , or Seminaries , shall not returne within six moneths after Proclamation made , and within two dayes after his returne , submit himselfe to take the oath of Supremacy , if otherwise hee doe returne , and not within sixe moneths after Proclamation made , it is Treason . Where a man committed for Treason , doth voluntarily breake Prison , it is Treason . Where a Jaylor doth voluntarily permit a man committed for Treason to escape , it is Treason . Where a man relieveth or comforteth a Traitor , and knoweth of the Offence , it is Treason . Where a man doth affirme or maintaine any Authority of Jurisdiction spirituall , or doth put in ●●e or execute any thing for the advancement or setting forth thereof , the third time , it is Treason . Where a man refuseth to take the oath of Supremacy being tendred by the Bishop of the Diocesse , if hee bee any Ecclesiasticall person ; or by Commission out of the Chancery , if hee bee a temporall person ; such Offence the second time is Treason . CHAP. II. The punishment , triall , and proceeding in cases of Treason . IN Treason the corporall punishment is by drawing on a hurdle from the place of the prison to the place of execution , by hanging and being cut downe alive , bowelling and quartering , and in women , burning . In Treason there ensueth a corruption of bloud in the line ascending and descending . In Treason , lands and goods are forfeited , and inheritances , aswell intailed as fee simple , and the profits of estates for life . In Treason , the Escheats goe to the King , and not to the Lord of the Fee . In Treason , the land forfeited shall bee in the Kings actuall possession without Office . In Treason there be no accessaries , but all are principalls . In Treason no Sanctuarie , nor benefit of Clergie , or peremptory challenge is allowed . In Treason , if the party stand mute , yet neverthelesse judgement and attainder shall proceed all one as upon verdict . In Treason no Councell is to bee allowed , nor baile permitted to the partie . In Treason no witnesses shall bee received upon oath for the parties justification . In Treason , if the fact bee committed beyond the seas , yet it may bee tryed in any County where the King will award his Commission . In Treason , if the party bee non sanae memoriae , yet if hee had formerly confessed it before the Kings Councell , and that it bee certified that hee was of good memory at the time of his examination and confession , the Court may proceede to judgement without calling or arraigning the party . In Treason , the death of the party before conviction dischargeth all proceedings and forfeitures . In Treason , if the parties bee once acquitted , hee should not bee brought in question againe for the same fact . In Treason , no new case not expressed in the Statute of 25. E. 3. or made Treason by any speciall Statute since , ought to bee judged Treason , without consulting with the Parliament . In Treason , there can be no prosecution but at the Kings suit , and the Kings pardon dischargeth . In Treason , the King cannot grant over to any subject power and authority to pardon it . In Treason , a triall of a Peere of the Kingdome is to bee by speciall Commission before the Lord high Steward , and those that passe upon him to be none but Peers : The proceeding is with great solemnity , the Lord Steward sitting under a cloth of Estate with a white rod of Justice in his hand , and the Peeres may conferre together , but are not any wayes shut up ; and are demanded by the Lord Steward their voices one by one , and the plurality of voices carries it . In Treason , it hath been an ancient use and favour from the Kings of this Realme to pardon the execution of hanging , drawing , and quartering ; and to make warrant for their beheading . The proceeding in case of Treason with a common Subject is in the Kings Bench , or by Commission of Oyer and Terminer . CHAP. III. Cases of Misprision of Treason . WHere a man concealeth high Treason onely , without any consorting or abetting , it is misprision of Treason . Where a man counterfeiteth any forreigne coyne of gold or silver not currant in the Realme , it is misprision of Treason . Where a man fixes an old Seale to a new Patent , it is misprision of Treason . CHAP. IIII. The punishment , tryall , and proceeding in cases of misprision of Treason . THe punishment of Misprision of Treason is by perpetuall imprisonment , losse of the issues and profits of their lands during life , and losse of goods and chattels . The proceeding and triall is as in cases of high Treason . In misprision of Treason baile is not admitted . CHAP. V. Cases of petie Treason . WHere a Servant killeth his Master , the Wife the Husband , the spirituall man his Prelate , to whom hee is subordinate , and oweth faith and obedience , it is petie Treason . Where a Sonne killeth the Father or Mother , it hath been questioned whether it be petie Treason , and the late experience and opinion seemeth to sway to the contrary , though against law and reason in my judgement . Where a Servant killeth his or her Master or Mistresse after they are out of service , it is petie Treason . CHAP. VI . The punishment , tryall , and proceedings in cases of petie Treason . IN petie Treason , the corporall punishment is by drawing on an hurdle , and hanging , and in a woman burning . In petie Treason , the forfeiture is the same with the case of Felony . In petie Treason , all Accessaries are but in case of Felonie . CHAP. VII . Cases of Felonie . WHere a man committeth murder or homicide of malice prepensed , it is felony . Where a man committeth murder ( that is ) breaking of an house with an intent to commit felony , it is felony . Where a man committeth manslaughter , that is homicide of sudden heate , and not of malice prepensed , it is felony . Where a man rideth armed with a felonious intent , it is felony . Where a man doth maliciously and feloniously burne any mans house , it is felony . Where a man doth maliciously &c. burne corne upon the ground , or in stack , it is felony . Where a man doth maliciously cut out another mans tongue , or put out his eyes , it is felony . Where a man robbeth or stealeth , viz. taketh away another mans goods , above the value of 12. d. out of his possession , with intent to conceale it , it is felony . Where a man imbezileth and withdraweth any of the Kings Records at Westminster , whereby a judgement is reversed , it is felony . Where a man having the custody of the Kings Armour , Munition , or other Abiliments of Warre , doth maliciously convey away the same , it is felony , if it be to the value of 20. shillings . Where a Servant hath goods of his Masters , delivered unto him , and goeth away with them , it is felony . Where a man conjures , or invokes wicked Spirits , it is felony . Where a man doth use or practise witchcraft , whereby any person shall bee killed , wasted , or lamed , it is felony . Where a man practiseth any witchcraft , to discover treasure hid , or to disover stolne goods , or to provoke unlawfull love , or to impaire or hurt any mans cattell or goods the second time , having been once before convicted of like offence , it is felony . Where a man useth the craft of multiplication of gold or silver , it is felony . Where a man receiveth a Seminary Priest , knowing him to bee such a Priest , it is felony . Where a man taketh away a woman against her will , not clayming her as his ward or bondwoman , it is felony . Where a man or woman marrieth againe , his or her former husband or wife being alive , it is felony . Where a man committeth buggery with man or beast , it is felony . Where any persons , above the number of twelve , shall assemble themselves with intent to put downe inclosures , or bring down prices of victuals , &c. and do not depart after proclamation , it is felony . Where a man shall use any words to encourage or draw any people together , ut supra , and they doe assemble accordingly , and doe not depart after proclamation , it is felony . Where a man being the Kings sworne servant , conspireth to murder any Lord of the Realme , or any privie Councellor , it is felony . Where a Souldier hath taken any parcell of the Kings wages , and departeth without licence , it is felony . Where a Recusant , which is a seducer , and perswader , and enciter of the Kings subjects against the Kings Authority in Ecclesiasticall causes , or a perswader of Conventicles , or shall refuse to abjure the Realme , it is felony . Where vagabonds bee found in the Realme , calling themselves Egyptians , it is felony . Where a Purveyor doth take without warrant , or otherwise doth offend against certaine speciall Lawes , it is felony . Where a man hunts in any Forrest , Parke , or Warren , by night or by day , with vizzard or other disguisements , and is examined thereof and concealeth his fact , it is felony . Where one stealeth certaine kinde of Hawkes , it is felony . Where a man committeth forgery the second time , having been once before convicted , it is felony . Where a man transporteth Rammes or other sheepe out of the Kings Dominions the second time , it is felony . Where a man being imprisoned for felony breaks prison , it is felony . Where a man procureth or consenteth to felony to bee done , it is felony , as to make him accessary before the fact . Where a man receiveth or relieveth a felon , it is felony , as to make him accessary after the fact . Where a woman , by the constraint of her husband , in his presence , joyneth with him in committing of felony , it is not felony in her , neither as principall , nor as accessary . Homicide , or the killing of a man is to bee considered in foure kindes , Chance-medley . Se defendend● . Manslaughter . Wilfull Murder . CHAP. VIII . The punishment , tryall , and proceedings in cases of Felonie . IN felony , the corporall punishment is hanging , and it is doubtfull whether the King may turn it into beheading in the case of a Peer , or other person of dignity , because in treason the striking off the head is part of the Judgement , and so the King pardoneth the rest : but in felony , it is no part of the judgement , and the King cannot alter the execution of law ; yet presidents have beene both wayes : If it bee upon indictment , the King may , but upon an appeale hee cannot . In felony there followeth corruption of bloud , except it bee in cases made felony by speciall Statutes , with a proviso that there shall be no corruption of bloud . In felony , lands in fee simple , and goods and chattels are forfeited , and the profits of estates for life are likewise forfeited , but not lands intailed : And by some customes lands in fee simple are not so forfeited ; The Father to the bough , The Sonne to the Plough , as in Gavel-kinde , in Kent , and other places . In felony , the Escheats goe to the Lord of the Fee , and not to the King , except hee be Lord : But profits for the estates for lives , or in taile during the life of tenant in taile , goe to the King ; And the King hath likewise annum , & diem , & vastum . In felony , lands are not in the King before Office , nor in the Lord before entrie or recovery in a writ of Escheate , or death of the party attainted . In felony , there can bee no proceeding with the accessary before there bee a proceeding with the principall : If hee die , or plead his pardon , or have his Clergie before attainder ; the accessary can never be dealt with . In felony , if the party stand mute , and will not put himself upon tryall , or challenge peremptorily above that the law allowes , hee shall have judgement not of hanging ▪ but of penance of pressing to death ; but there he saves his lands and forfeits only his goods . In felony , at the common law , the benefit of Clergie or Sanctuary was allowed ; but now by Stat. it is taken away in most cases . In felony , baile may be admitted where the fact is not notorious , and the person not of ill name . In felony , no Councell is to bee allowed to the party , no more then in treason . In felony , if the fact bee committed beyond the Seas , or upon the Seas , super altum mare , there is no tryall at all in one case , nor by course of Jury in the other , but by the Jurisdiction of the Admiralty . In felony , no witnesse shall bee received upon oath for the parties Justification , no more then in treason . In felony , if the party bee non sonae memoria , although it bee after the fact , hee cannot be tryed nor adjudged , except it be in course of Outlawry , and that is also erroneous . In felony , the death of the party before conviction dischargeth all proceedings and forfeitures . In felony , if the party bee once acquit , or in perill of Judgement of life lawfully hee shall never be brought in question againe for the same fact . In felony , the prosecution may bee either at the Kings suit , or by way of appeale ; the defendant shall have his course , and produce witnesses upon oath , as in civill causes . In felony , the King may grant hault justice to a subject , with the Regality of power to pardon it . In felony , the tryall of Peeres is all one as in case of treason . In felony , the proceedings are in the Kings Bench , or before Commissioners of Oyer and Terminer , or of Gaol delivery , and in some case before Justices of the Peace . CHAP. IX . Cases of Felony de se , with the punishment , triall , and proceedings . IN the civill law , and other lawes , they make a difference of cases of felony de se ; for where a man is called in question upon any capitall crime , and killeth himselfe to prevent the law , there they give the judgement in all points of forfeiture , as if they had beene attainted in their life time : And on the other side , where a man killeth himselfe upon impatience of sicknesse , or the like , they doe not punish it at all : but the law of England taketh it all in one degree , and punisheth onely with losse of goods to bee forfeited to the King , who generally grants them to his Almoner , where they bee not formerly granted unto speciall liberties . CHAP. X. Cases of Premunire . WHere a man purchaseth or accepteth any provision , that is , collation of any spirituall benefice or living from the Sea of Rome , it is Premunire . Where a man shall purchase any proces to draw any people of the Kings allegeance out of the Realme , in plea whereof the cognizance pertaines to the Kings Court , and commeth not in person to answer his contempt in that behalfe before the King and his Councell , or in his Chancery , it is Premunire . VVhere a man doth sue in any Court which is not the Kings Court , to defeate or impeach any judgement given in the Kings Court , and doth not appeare to answer his contempt , it is Premunire . VVhere a man doth purchase or pursue in the Court of Rome , or elsewhere , any processe , sentence of excommunication , bull , or instrument , or other thing which toucheth the King in his Regality , or his Realme in prejudice , it is Premunire . VVhere a man doth affirme or maintaine any forraigne kinde of Jurisdiction spirituall , or doth put in ure or execution any thing for the advancement or setting forth thereof ; such offence the second time committed is Premunire . VVhere a man refuseth to take the oath of Supremacy being tendred by the Bishop of the Diocesse , if it bee an Ecclesiasticall person ; or by a Commission out of the Chancery , if it bee a temporall person , it is Premunire . VVhere a Deane and Chapter of any Church upon the Conge de Lier of an Archbishop or Bishop doth refuse to elect any such Archbishop or Bishop as is nominated unto them in the Kings Letters missive , it is Premunire . Where a man doth contribute or give reliefe to any Jesuite or Seminary Priests , or to any person brought up therein , and called home , and not returning , it is case of Premunire . Where a man is a Broker of an usurious contract above ten in the hundred , it is Premunire . CHAP. XI . The punishment , triall , and proceeding in cases of Premunire . THe punishment is by imprisonment during life , forfeiture of goods , forfeiture of lands in fee simple , and forfeiture of the profits of lands intailed , or for life . The triall and proceeding is as in cases of misprision of Treason , and the tryall is by Peers where a Peer of the Realme is the offender . Striking any man in the face of the Kings Courts , is forfeiture of lands , perpetuall imprisonment , and losse of that hand . CHAP. XII . Cases of Abjuration and Exile , and the proceedings therein . WHere a man committeth any felony , for the which at this day hee may have priviledge of Sanctuary , and confesseth the felony before the Coroner , he shall abjure the liberty of the Realme , and chuse his Sanctuary ; and if hee commit any new offence , or leave his Sanctuary , hee shall lose the priviledge thereof , and suffer as if hee had not taken Sanctuary . Where a man not coming to the Church , and being a Popish Recusant , doth perswade any the Kings subjects to impugne his Majesties Authority in causes Ecclesiasticall , or shall perswade any subject to come to any unlawfull conventicles , and shall not after conforme himselfe within a time , and make his submission , hee shall abjure the Realme , and forfeit his goods and lands during life ; and if hee depart not within the time prefixed , or returne , hee shall bee in the degree of a Felon . Where a man being a Popish Recusant , and not having lands to the value of 20. Marks per annum , nor goods to the value of 40. l. shall not repaire to his dwelling , or place where hee was borne , and there confine himselfe within the compasse of five miles , hee shall abjure the Realme ; and if he returne , he shall be in case of a Felon . Where a man kils the Kings Deere in Chases or Forrests , and can finde no sureties after a yeeres imprisonment , he shall abjure the Realme . Where a man is a trespasser in Parkes , or in Ponds of fish , and after three yeeres imprisonment cannot finde sureties , hee shall abjure the Realme . Where a man is a Ravisher of any childe whose marriage belongs to any person , and marrieth the said childe after yeeres of consent , and is not able to satisfie for the marriage , hee shall abjure the Realme . CHAP. XIII . Cases of Heresie , and the triall and proceedings therein . THe declaration of Heresie , and likewise the proceedings and judgement upon Hereticks is by the common lawes of this Realme referred to the Jurisdiction ecclesiasticall , and the secular arme is reached to them by the common Lawes , and not by any Statute for the execution of them by the Kings writ de Haeretico comburendo . CHAP. XIIII . The Kings Prerogative in Parliament . THe King hath an absolute negative voyce to all Bils that passe the Parliament , so as without his royall assent they have a meere nullity , and not so much as Authoritas praescripta , or Senatus consulta had , notwithstanding the intercession of Tribunes . The King may summon Parliaments , dissolve them , prorogue them , and adjourne them at his pleasure . The King may add voyces in the Parliament at his pleasure , for hee may give priviledge to Borough Townes as many as hee will , and may likewise call and create Barons at his pleasure . No man can sit in Parliament except hee take the oath of Allegeance . CHAP. XV . The Kings Prerogative in matters of Warre or Peace . THe King hath power to declare and proclaime warre , and to make and conclude peace and truce at his pleasure . The King hath power to make leagues and confederacies with forraigne States , more straight and lesse straight , and to revoke and disannull them at his pleasure . The King hath power to command the bodies of his Subjects for the service of his warres , and to muster , traine , and levie men , and to transport them by sea or land at his pleasure . The King hath power in time of warre to execute Marshall Law , and to appoint all Officers of warre at his pleasure . The King hath power to grant his Letters of Mart and reprisall for remedy to his Subjects upon forraigne wrongs , at his pleasure . The King hath power to declare Lawes by his Letters Patents for the government of any place conquered by his Armes , at his pleasure . The King may give Knight-hood , and thereby enable any subject to performe Knights service , at his pleasure . CHAP. XVI . The Kings Prerogative in matters of moneys . THe King may alter his standard in basenesse or finenesse of his coyne at his pleasure . The King may alter his stampe in forme at his pleasure . The King may alter the valuations of his coyne , and raise and fall moneys at his pleasure . The King by his Proclamation may make moneyes of his owne currant , or not currant , at his pleasure . The King may take or refuse the Subjects bullion and coyne , more or lesse money . The King by his Proclamation may make forreigne money currant , or not currant . CHAP. XVII . The Kings Prerogative in matters of Trade and Traffick . THE King may constraine the person of any of his subjects not to goe out of the Realme at all . The King may restrain any of his subjects to goe out of the Realme into any speciall part forreigne . The King may forbid the exportation of any commodities out of the Realme . The King may forbid the importation of any commodities into the Realme . The King may set a reasonable Impost upon any forreigne wares that come into the Realme , and so of native wares that goe out of the Realme . CHAP. XVIII . The Kings Prerogative in the persons of his Subjects . THe King may create any Corporation or Bodie politick , and enable them to purchase , and grant , and to sue , and bee sued , and that with such restrictions and modifications as he pleases . The King may denizen and enable any forreigner for him and his descendents after the Charter , though hee cannot naturalize nor enable him to make pedegree from Ancestors Paramount . The King may enable any attainted person ( by his Charter of pardon ) to purchase , and to purge his bloud for the time to come , though hee cannot restore his bloud for the time past . The King may enable any dead person in law , as men professed , to take and purchase to the Kings benefit . CHAP. XIX . An Answer to the Question proposed by Sir Alexander Hay Knight , touching the Office of Constables . 1. TO the first , Of the originall of the Authority of Constables , it may bee said , Caput inter nubila condit , for the Authoritie was granted upon the ancient Lawes and Customes of this Kingdome practised long before the Conquest , and intended and instituted for the conservation of the peace , and repressing of all manner of disturbance and hurt of the people , and that as well by way of prevention as punishment ; but yet so , as they have no judiciall power , to heare and determine any cause , but onely a ministeriall power , as in the answer of the seventh Article more at large is set downe . As for the Office of the High Constable , the originall of that is yet more obscure ; for though the High Constables Authority hath the more ample circuit , hee being over the Hundred , and the petie Constable over the Village ; yet I doe not finde that the petie Constable is subordinate to the High Constable , or to bee ordered or commanded by him : and therefore , I doubt , the High Constable was not ab origine , but that when the businesse of the Country increased , the authority of the Justices of peace was enlarged by divers Statutes , then , for conveniencie sake the Office of High Constables grew in use for the receiving of the commands and precepts from the Justices of peace , and distributing them to the petie Constables ; and in token of this , the election of High Constables in most parts of the Kingdome is by the appointment of the Justices of peace , whereas the election of the petie Constable is by the people . But there bee two things unto which the Office of Constable hath speciall reference , and which of necessity , or at lea●● a kind of congruity , must precede the Jurisdiction of that Office , either the things themselves , or somewhat that hath a similitude or analogie towards them . 1. The one is the division of the Territory , or grosse of the Shires into Hundreds , Villages , and Townes ; for the High Constable is Officer over the Hundred , and the pety Constable is over the Towne or Village . 2. The other is the Court Leete , unto which the Constable is a proper attendant and minister , for there the Constables are chosen by the Jury , there they are sworne , and there that part of their Office which concerneth information is principally to be performed ; for the Jury is to present offences , and the offenders are chiefly to take light from the Constables of all matters of disturbance and nusance of the people , which they ( in respect of their Office ) are presumed to have best and most particular knowledge of . CHAP. XX . Three ends of the Institution of the Court Leete . 1. THe first end of the institution of the Court Leet is , To take the oath of Allegeance of all males above the age of twelve yeers . 2. The second , To enquire of all offences against the peace ; and for those that are against the Crowne and Peace both , to enquire of onely , and certifie to the Justices of Gaole delivery ; but those that are against the peace simply , they are to enquire and punish . 3. The third is , To enquire of , punish , and remove all publick nusances and grievances concerning infection of Ayre , corruption of victuals , ease of chaffer , and contract of all other things that may hurt or grieve the people in generall , in their health , quiet , and welfare . And to these three ends , as matters of policie subordinate , the Court Leet hath power to call upon the pledges that are to bee taken for the good behaviour of the resiants that are not tenants , and to enquire of all defaults of Officers , as Constables , Ale-tasters , &c. and for choyce of Constables , as aforesaid . The jurisdiction of these Leets is ever remaining in the King , and in that case exercised by the Sheriffe in his turne , which is the grand Leete , granted over to subjects ; but yet it is still the Kings Court . 2. To the second , as was said , The election of the pety Constable is at the Court Leet by the Inquest that makes the presentments ; the election of the head Constables is by the Justices of the peace at their quarter Sessions . 3. To the third , The Office is annuall , except they be removed . 4. To the fourth , They bee men ( as it is now used ) of inferiour , yea , of base condition , which is a meere abuse or degenerating from the first institution ; for the pety Constables in Townes ought to be of the better sort of resiants in the said Towne , save that they ought not to bee aged , or sickly , but men of able bodies in respect of the keeping watch and toyle of their place , neither ought they to be in any mans livery : And the high Constables ought to bee of the ablest sort of free-holders , and of the substantial'st sort of Yeomen , next to the degree of Gentlemen ; but they ought to bee such as are not incumbred with any other Office , as Maior , Undersheriffe , Bailiffe , &c. 5. To the fifth , They have no allowance , but are bound by dutie to performe their Offices gratis , which may the rather be endured , because it is but annuall , and they are not tyed to keep or maintaine any servants or under-ministers , for that every one of the Kings people are bound to assist them . 6. To the sixth , Upon complaint made ( of his refusall ) to any one Justice of peace , the said Justice may binde him over to the Sessions , where ( if hee cannot excuse himselfe by some just allegation ) hee may bee fined and imprisoned for his contempt . 7. To the seventh , The authority of Constables , as it is substantive , and of it selfe , or substituted , and astricted to the warrants and commands of the Justices of peace ; so again it is originall , or additionall ; for either it was given them by the common Law , or else annexed by divers statutes . And as for subordinate power , wherein the Constable is onely to execute the commandements of the Justices of peace , and likewise the additionall power which is given by divers Statutes , it is hard to comprehend them in any brevitie ; For that they doe correspond to the Office and Authority of the Justices of peace , which is very large , and are created by the branches of severall Statutes , which are things of divers and dispersed natures : But for the originall and substantive power of a Constable , it may be reduced to three heads : 1. For matter of peace onely . 2. For matter of peace and the Crowne . 3. For matter of nusance , disturbance , and disorder , although they bee not accompanyed with violence and breach of peace . For pacifying of quarrels begunne , the Constables may upon hot words given , or likelihood of breach of peace to ensue , command them in the Kings name to keep the peace , and depart , and forbeare : And so hee may where an affray is made , part the same , and keepe the parties asunder , and arrest and commit the breakers of the peace , if they will not obey , and call power to assist him for the same purpose . For punishment of breach of peace past , the law is very sparing in giving any authority to Constables , because hee hath no power judiciall , and the use of his Office is rather for preventing or staying of mischiefe , then for punishing of offences ; for in that part hee is rather to execute the Warrants of the Justices , or when sudden matter ariseth upon his view , or notorious circumstances , to apprehend offenders , and carry them before the Justice of peace , and generally to imprison in like cases of necessity , where the case will not endure the present carrying before the Justices . And thus much for the matters of peace . For matters of the Crowne , the Office of the Constable consisteth chiefly in foure parts : 1. The first is Arrest . 2. The second is Search . 3. The third is Huy and Cry . 4. And the fourth is Seizure of Goods . All which the Constable may performe of his owne authority , without any warrant of the Justices of peace . 1. For first , If any man will lay murder or felony to anothers charge , or doe suspect him of murder or felony , hee may declare it to the Constable , and the Constable ought upon such declaration or complaint , carry him before a Justice , and if by common voyce or fame any man bee suspected , the Constable of duty ought to arrest him , and bring him before a Justice , though there be no other accusation . 2. If any house bee suspected for the receiving or harbouring of any felon , the Constable , upon complaint or common fame , may search . 3. If any flye upon the felony , the Constable ought to raise Huy and Crie , and search his goods , and keepe them safe without impairing , and to inventary them in the presence of honest neighbours . 4. For matters of common nuzance and grievance , they are of a very variable nature , according to the severall comforts which mans life and society requireth , and the contraries which infest the same . In all which , bee it matter of corrupting ayre , water , or victuals , or stopping , straightning , or indangering passage , or generall deceipts in weights , measures , sizes , or counterfeiting wares , and things vendible ; the Office of the Constable is to give ( as much as in him lies ) information of them , and of the offendors in Leets , that they may bee presented , But because Leets are kept but twice in the yeere , and many of these things require present or speedy remedy , the Constable in things of notorious and vulgar nature , ought to forbid and represse them in the meane time . 8. To the eighth , They are for their contempt to bee fined and imprisoned by the Justices in their Sessions . 9. To the ninth : The Oath they take is in this manner . You shall sweare , that you shall well and truely serve the King , and the Lord of this Law-day ; and you shall cause the peace of our Lord the King to bee well and duely kept , to your power : And you shall arrest all those that you see committing riots , debates , and affrayes in breach of peace : And you shall well and duely endeavour your selfe to your best knowledge , that the Statutes of Winchester for Watch , Huy and Cry , and the Statutes made for the punishment of sturdy beggars , vagabonds , rogues , and other idle persons coming within your Office bee truly executed , and the offenders punished : And you shall endevour , upon complaint made , to apprehend barreters and riotous persons making affraies , and likewise to apprehend Felons ; and if any of them make resistance with force and multitude of mis-doers , you shall make out-cry , and pursue them till they bee taken ; and shall looke unto such persons as use unlawfull games ; and you shall have regard unto the maintenance of Artilery ; and you shall well and duely execute all processe and precepts sent unto you from the Justices of peace of the County ; and you shall make good and faithfull presentments of all bloudsheds , out-cries , affraies , and rescues made within your Office ; and you shall well and duely , according to your power and knowledge , do that which belongeth to your Office of Constable , to doe for this yeere to come . So help &c. 10. To the tenth , The authority is the same in substance , differing only in extent ; The pety Constable serving onely for one Towne , Parish , or Borough , the head Constable serving for the whole Hundred ; Neither is the pety Constable subordinate to the head Constable for any commandement that proceeds from his owne authority ; but it is used , that the precepts of the Justices bee delivered unto the high Constables , who being few in number , may better attend the Justices , and then the head Constables , by vertue thereof , make their precepts over to the pety Constables . 11. To the eleventh , In case of necessity he may appoint a deputy , or in default thereof , the Steward of the Court Leet may ; which deputy ought to bee sworne . Now to conclude , the Office of Constables consists wholly in these three things ▪ viz. Their Office concerning 1. The conservation of the peace . 2. The serving the Precepts and Warrants of the Justices . 3. Their attendance for the execution of Statutes . CHAP. XXI . Of the jurisdiction of Iustices itinerantos in the Principality of Wales . THese Justices have power to heare and determine all criminall causes , which are called in the Lawes of England , the Pleas of the Crowne ; and herein they have the same jurisdiction that the Justices have in his Majesties Bench , commonly called the Kings Bench . They have jurisdiction to heare and determine all civill causes which are called in the Lawes of England , Common Pleas ; and doe take knowledgement of all fines levyed of lands or hereditaments , without suing out any Dedimus potestatem ; and herein they have the same jurisdiction that the Justices of the common Pleas doe execute at Westminster . Also they may heare and determine all Assises upon disseisines of lands or hereditaments , wherein they equall the jurisdiction of the Justices of Assise . Justices of Oyer & Terminer may heare and determine all notable violences and outrages perpetrated or done within their severall precincts of the Principalitie of Wales . The Prothonotary his Office is to draw all pleadings , and to enter and engrosse all Records and Judgements in civill causes . The Clerk of the Crowne his Office is to draw and engrosse all proceedings , arraignements , and judgements in criminall causes . The Marshall , whose Office is to attend the persons of the Judges at their comming , sitting , and going from the Sessions or Court . The Crier , hee is tanquam publicus Praeco , to call forth such persons whose appearances are necessary , and to impose silence to the people . There is a Commission under the great Seale of England to certaine Gentlemen , giving them power to preserve the peace , and to resist and punish all turbulent persons whose misdemeanors may tend to the disquiet of the people ; and these bee called the Justices of peace , and every of them may well and truly be called and termed Eirenarcha . The chiefe of them is called Custos Rotulorum , in whose custody all the Records of their proceedings are resident . Others there are of that number called Justices of Peace and Quorum , because in their Commission they have power to sit and determine causes concerning breach of peace , and misbehaviour ; the words of their Commission are conceived thus , Quorum such and such , unum vel duos &c. esse volumus ; and without some one or more of them of the Quorum , no Sessions can bee holden : And for the avoyding of a superfluous number of such Justices ( for through the ambition of many , it is counted a credit to be burthened with that authority ) the Statute of 38. H. 8. hath expressely prohibited that there shall bee but eight Justices of Peace in every County . These Justices doe hold their Sessions quarterly . In every Shire where the Commission of the peace is established , there is a Clerk of the peace for the entring and engrossing of all proceedings before the said Justices . And this Officer is appointed by the Custos Rotulorum . Every Shire hath its Sheriffe , which word being of the Saxon English , is as much to say as Shire Reeve , or Minister of the County : His Function of Office is twofold : 1. Ministeriall . 2. Judiciall . As touching his ministeriall Office , hee is the minister and executioner of all the processe and precepts of the Courts of Law , and thereof ought to make returne and certificate . As touching his Judiciall Office , hee hath authority to hold two severall Courts of distinct natures ▪ The one called the Tourne , because he keepeth his turne and circuit about the Shire , and holdeth the same Court in severall places , wherein he doth enquire of all offences perpetrated against the common Law , and not forbidden by any Statute or Act of Parliament , and the jurisdiction of this Court is derived from Justice distributive , and is for criminall offences , and it held twice every yeere . The other is called the County Court , wherein hee doth determine all petie and small causes civill under 40.5 . arising within the said County , and thereof it is called the County Court . The jurisdiction of this Court is derived from Justice Commutative , and is held every moneth : The Office of the Sheriffe is annuall , and in the Kings gift , whereof he is to have a Patent . Every Shire hath an Officer called an Escheator , which is an Office to attend the Kings Revenue , and to seize into his Majesties hands all lands , either escheated goods , or lands forfeited , and therefore is called Escheator ; And hee is to enquire by good enquest of the death of the Kings Tenants , and to whom their lands are descended , and to seize their bodies and lands for Ward , if they bee within age , and is accomptable for the same ; and this Officer is named by the Lord Treasurer of England . There are in every Shire two other Officers called Crowners or Coroners : they are to enquire by inquest in what manner , and by whom every person dyeth of a violent death , and to enter the same of Record ; which is matter criminall , and a plea of the Crowne , and therefore they are called Corones , or Crowners , as one hath written , because their enquiry ought to be publick in Corona populi . These Officers are chosen by the freeholders of the Shire , by vertue of a writ out of the Chancery , De Coronatore elegendo : and of them I neede not to speake more , because these Officers are in use elsewhere . Forasmuch as every Shire is divided into Hundreds , it is also by the said Statute of 34. H. 8. cap. 26. ordered that two sufficient Gentlemen or Yeomen shall bee appointed Constables of every Hundred . Also there is in every Shire one Gaole or Prison appointed for the restraint of liberty of such persons as for their offences are thereunto committed , untill they shall be delivered by course of law . In every Hundred of every Shire the Sheriffe thereof shall nominate sufficient persons to be Bailiffes of that Hundred , and Underministers of the Sheriffe ; and they are to attend upon the Justices in every of their Courts and Sessions . FINIS . Notes, typically marginal, from the original text Notes for div A28043e-720 Kings Bench . Common Pleas . Just . of Assise . In the Kings gift . 〈◊〉 the disposing of the ●udge . ●●ese Justices ●●●ointed by L. Keeper . 34. H. 8. cap. 16. 〈…〉 H. 8.20 . Constables of the Hundred . Gaolers Office . 
A31885	----	An ansvver to the articles against Master Calamy, Master Martiall, Master Burton, Master Peters, Master Moleigne, Master Case, M. Sedgwicke, M. Evans, &c. and many other painfull divines who were impeached of high treason by His Majesty : first answering particularly the articles themselves, then shewing the mis-information of His Majestie by the bishops, concerning the same : expressing the great care and vigilancy of those theologians which they have and doe daily undertake with great zeale for the rooting out of popery the confounding of Rome and for the erecting the pious truth and sincerity of the holy gospel of Christ. Calamy, Edmund, 1600-1666. This text is an enriched version of the TCP digital transcription A31885 of text R23084 in the English Short Title Catalog (Wing C226). Textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. The text has been tokenized and linguistically annotated with MorphAdorner. The annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). Textual changes aim at restoring the text the author or stationer meant to publish. This text has not been fully proofread Approx. 7 KB of XML-encoded text transcribed from 4 1-bit group-IV TIFF page images. EarlyPrint Project Evanston,IL, Notre Dame, IN, St. Louis, MO 2017 A31885 Wing C226 ESTC R23084 12493001 ocm 12493001 62418 This keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the Early English Books Online Text Creation Partnership. This Phase I text is available for reuse, according to the terms of Creative Commons 0 1.0 Universal . The text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. Early English books online. (EEBO-TCP ; phase 1, no. A31885) Transcribed from: (Early English Books Online ; image set 62418) Images scanned from microfilm: (Early English books, 1641-1700 ; 249:E132, no 7) An ansvver to the articles against Master Calamy, Master Martiall, Master Burton, Master Peters, Master Moleigne, Master Case, M. Sedgwicke, M. Evans, &c. and many other painfull divines who were impeached of high treason by His Majesty : first answering particularly the articles themselves, then shewing the mis-information of His Majestie by the bishops, concerning the same : expressing the great care and vigilancy of those theologians which they have and doe daily undertake with great zeale for the rooting out of popery the confounding of Rome and for the erecting the pious truth and sincerity of the holy gospel of Christ. Calamy, Edmund, 1600-1666. [2], 5 p. Printed for William Bond ..., London : 1642. Attributed to Edmund Calamy. cf. BLC. Reproduction of original in Thomason Collection, British Library. eng Treason -- England. Trials (Treason) -- England -- 17th century. Great Britain -- History -- Charles I, 1625-1649. A31885 R23084 (Wing C226). civilwar no An ansvver to the articles against Master Calamy, Master Martiall, Master Burton, Master Peters, Master Moleigne, Master Case, M. Sedgwicke, Calamy, Edmund 1642 1118 0 0 0 0 0 0 0 A This text has no known defects that were recorded as gap elements at the time of transcription. 2003-11 TCP Assigned for keying and markup 2003-11 Aptara Keyed and coded from ProQuest page images 2003-12 Mona Logarbo Sampled and proofread 2003-12 Mona Logarbo Text and markup reviewed and edited 2004-02 pfs Batch review (QC) and XML conversion AN ANSVVER TO THE ARTICLES AGAINST Master Calamy , Master Martiall , Master Burton , Master Peters , Master Moleigne , Master Case , M. Sedgwicke , M. Evans , &c. and many other painfull Divines , who were impeached of High Treason by His Majesty . First answering particularly the Articles themselves , then shewing the mis-information of His Majestie by the Bishops , concerning the same . Expressing the great care and vigilancy of those Theologians , which they have , and doe daily undertake with great zeale , for the rooting out of Popery , the confounding of Rome , and for the erecting the pious truth , and sincerity of the holy Gospel of CHRIST . London Printed for William Bond , and are to be sold over against the White Horse in Grubstreet . 1642. DOCTRINA PARIT VIRTVTEM AN Answer to the Articles against Master Calamy , Master Marshall , Master Burton , Master Peters , Master Moleigne , Master Case , Master Sedgwicke , Master Evans , &c. and many other painfull Divines , who were impeached of High Treason by His Majesty . WHere vertue flourisheth , there malice strives to confound , and emulation to subvert . This Hell-nourished malice has been entertained in the hearts of some malignant , and ill-affected Members to the Church , and in their inveterate spleene they have endeavoured to eradicate that Basis or firme foundation of faith , which was laid in Christ by zealous Divines . I need not speake too obscurely , for my meaning includes the Bishops , who have envyed the prosperity of Religion a long time , and have diligently aboured to supplant the same by preposterous introducement of Popery , Ceremoniall superstitions , and Canonicall innovations . And who soever that was zealous for the truth , and did in any manner oppose them in their Prelaticall institutions , was either prosecuted by them in the extreame severity of justice , ( and that sometimes extended too beyond its limits ) or else suspended by them tam ab officio , quàm ábeneficio . Thus they tyrannically insulted over the Church , and without any let or contradiction usurped , whatsoever pleased themselves best . They have often times deluded the King with calumnious , and Parasiticall suggestions , and by that meanes , under a pretence of his protection , have surreptitiously inserted divers things unknowne to His Majestie . But they themselves being found too vitiously delinquent by the Parliament , were many of them arraigned of High treason , and committed to the Tower , where they maliciously first forged Articles of High treason against Master Pym , the Lord Kymbolton , &c. and withall directed the same unto His Majestie , with a stupendious Declaration concerning them : and implored his consent unto them . But they were intercepted in that frustrate expectation : then they moulded second Articles of high Treason against Master Calamy , Master Marshall , Master Burton , Master Case , Master Sedgwicke , Master Evan , &c. with many other painfull Divines : intimating againe to His Majestie , that they were Traitors , and were great disturbers of the Church , who did not onely substract , or at least laboured to induce the people to substract lawfull obedience to His Imperiall Crowne , but also did derogate obsequious loyalty , both frō His Royall dignity in postponing him behind the Parliament . But give me leave ( gentle Reader ) to discusse the verity of the thing , and to answer these poore or at least false subjections against them . As for the first Article , their actions can sufficiently testifie to the contrary , for rather then disturbers of the Church , they have laboured to extract all divisions , and disturbances from it , endeavouring to regulate the free power , and authority thereof , according to the holy word of God , as it is specified , or at least prototypically presignified in the Scriptures . For their substraction of Loyalty from the Crowne , and their labouring to induce the people to substract their dayly practise in their preaching can apparently nullifie : for they have always pressed , and exstimulated the people with great fervency of affection to all possible obedience to his Majesty , and all requisit loyalty to his imperiall Crowne . And seeing these two have beene found false and erronious , the other consequently must be an untruth , for they have laboured to bring the people to become obsequious reciprocally , and mutually as well to the King , as Parliament , so that by subsequent conclusion , no post-position can be found inclusive in them . But I suppose , that it was the Bishops sole malice to misinforme the King , having an intestine envy against them . For because they would have introduced Popery , and these laborious Divines did beat it downe to the confusion of Rome , and its adherents , therefore they have laboured by all possible meanes ( if they could ) to supplant them , and subvert their intentions . But ( alas ) God is more powerfull than the Divell : men in authority may triumph , and usurpe too much arrogancy over their brethren for a time , but at length the same machination which they intended against others , shall fall on their owne heads . For these painefull Divines have not onely zealously opposed those Romish innovations , which lately began almost to flourish in our Church : but have likewise laboured with all sedulity , care , and vigilancy to reduce the same to the sincere truth of the holy Gospell of Christ . Yet notwithstanding they have beene opprobriously scandalized by the Prelates , and their adherents , having invective aspersions cast upon their innocuous names ; the reason no man can perfectly enucleate , unlesse their intents were to bring the Church to an Anarchie : for if the pillars of the Church be shaken , yea taken away , the structure can no longer remaine , and the foundation it selfe will be everted . Yet in spite of all their malice , they are defended from the Tyrannicall mindes and intentions of the Bishops , and will maugre all their wolvish resolutions , be preserved from their nefarious machinations against them : yet envy is a most insufferable torment , and greater than any Tyranny , therefore I will conclude with that sentence in Latine . Episcoporum — Invidia Siculi non invenêre Tyranni Majus tormentum . — FINIS . 
A38267	----	The reasons and narrative of proceedings betwixt the two houses which were delivered by the House of Commons to the Lords at the conference touching the trial of the Lords in the tower on Monday the 26th of May, 1679. England and Wales. Parliament. 1679 Approx. 19 KB of XML-encoded text transcribed from 6 1-bit group-IV TIFF page images. Text Creation Partnership, Ann Arbor, MI ; Oxford (UK) : 2007-01 (EEBO-TCP Phase 1). A38267 Wing E2694 ESTC R29781 11205241 ocm 11205241 46757 This keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the Early English Books Online Text Creation Partnership. This Phase I text is available for reuse, according to the terms of Creative Commons 0 1.0 Universal . The text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. Early English books online. (EEBO-TCP ; phase 1, no. A38267) Transcribed from: (Early English Books Online ; image set 46757) Images scanned from microfilm: (Early English books, 1641-1700 ; 1441:36) The reasons and narrative of proceedings betwixt the two houses which were delivered by the House of Commons to the Lords at the conference touching the trial of the Lords in the tower on Monday the 26th of May, 1679. England and Wales. Parliament. 9 [i.e. 11] p. [s.n.], London printed : 1679. Reproduction of the original in the Harvard University Library. Created by converting TCP files to TEI P5 using tcp2tei.xsl, TEI @ Oxford. Re-processed by University of Nebraska-Lincoln and Northwestern, with changes to facilitate morpho-syntactic tagging. Gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. 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Copies of the texts have been issued variously as SGML (TCP schema; ASCII text with mnemonic sdata character entities); displayable XML (TCP schema; characters represented either as UTF-8 Unicode or text strings within braces); or lossless XML (TEI P5, characters represented either as UTF-8 Unicode or TEI g elements). Keying and markup guidelines are available at the Text Creation Partnership web site . eng Popish Plot, 1678. Treason -- England. 2006-01 TCP Assigned for keying and markup 2006-01 Aptara Keyed and coded from ProQuest page images 2006-04 Mona Logarbo Sampled and proofread 2006-04 Mona Logarbo Text and markup reviewed and edited 2006-09 pfs Batch review (QC) and XML conversion THE REASONS AND NARRATIVE OF PROCEEDINGS Betwixt the TVVO HOUSES ; Which were delivered by the HOUSE OF Commons , TO THE LORDS AT THE CONFERENCE Touching the Trial of the Lords IN THE TOWER . On Monday the 26th . of May , 1679. LONDON , Printed in the Year , 1679. The Narrative , &c. THe Commons have always desired that a good correspondence may be preserved between the two Houses . There is now depending between your Lordships and the Commons a matter of the greatest weight , in the transactions of which your Lordships seem to apprehend some difficulty in the matters proposed by the Commons . To clear this the Commons have desired this Conference , and by it they hope to manifest to your Lordships that the Propositions of the House of Commons made by their Committee , in relation to the Trial of the Lords in the Tower , have been only such as are well warranted by the Laws of Parliament and Constitutions of the Government , and in no sort intrench upon the Judicature of the Peers , but are most necessary to be insisted upon , that the ancient Rights of Judicature in Parliament may be maintained . The Commons readily acknowledge that the Crimes charged upon the Earl of Powis , Viscount Stafford , Lord Petre , Lord Arundel of Wardour , and Lord Bellasis , are of deep guilt , and call for speedy Justice , but withall they hold , that any change in Judicature in Parliament , made without consent in full Parliament , to be of pernitious consequence , both to his Majesty , and his Subjects , and conceive themselves obliged to transmit to their Posterity all the Rights which of this kind they have received from their Ancestors , by putting your Lordships in mind of the progress that has already been between the two Houses , in relation to the Propositions made by the Commons , and the reasonableness of the Propositions themselves ; they doubt not to make it appear , that their aim has been no other , than to avoid such consequences , and preserve that Right ; and that there is no delay of Justice on their part ; and to that end , do offer to your Lordships the ensuing Reasons and Narrative : That the Commons in bringing the Earl of Danby to Justice , and in discovery of that Execrable and Traiterous Conspiracy ( of which the five Popish Lords now stand impeached , and for which some of their wicked Accomplices have already undergone the Sentence of the Law as Traytors and Murtherers ) have laboured under many great difficulties , is not unknown to your Lordships . Nor is it less known to your Lordships , That upon the Impeachment of the House of Commons against the Earl of Danby for High Treason , and other High Crimes , Misdemeanours , and Offences , even the common Justice of sequestring him from Parliament , and forthwith committing him to safe Custody was then required by the Commons , and denied by the House of Peers , though he then sat in their House ; of which your Lordships have been so sensible , That at a free Conference the tenth of April last , your Lordships declared , That it was the Right of the Commons , and well warranted by Presidents of former Ages ; That upon an Impeachment of the Commons , a Peer so impeached ought of right to be ordered to withdraw , and then to be committed ; And had not that Justice been denied to the Commons , a great part of this Session of Parliament , which hath been spent in framing and adjusting a Bill for causing the Earl of Danby to appear and answer that Justice from which he was fled , had been saved , and had been imployed for the preservation of his Majestie 's Person , and the Security of the Nation , and in prosecution of the other five Lords ; neither had he had the opportunity for procuring for himself that Illegal Pardon , which bears Date the First of March last past , and which he hath now pleaded in Bar of his Impeachment : Nor of wasting so great a proportion of the Treasure of the Kingdom , as he hath done , since the Commons exhibited their Articles of Impeachment against him . After which time thus lost by reason of the denyal of that Justice which of right belonged to the Commons upon their Impeachment , the said Bill being ready for the Royal Assent , the said Earle then rendred himself , and by your Lordships Order of the sixteenth of April last , was committed to the Tower. After which he pleads the said Pardon , and being prest , did at length declare , he would rely upon and abide by that Plea , which Pardon pleaded being illegal and void , and so ought not to barr , or preclude the Commons from having Justice upon the Impeachment . They did thereupon with their Speaker on the fifth of May Instant , in the Name of themselves , and all the Commons of England , demand Judgment against the said Earle , upon their Impeachment , not doubting but that your Lordships did intend in all your proceedings upon the Impeachment , to follow the usual course and method of Parliament . But the Commons were not a little surprised by the Message from your Lordships delivered them on the seventh of May , thereby acquainting them , that as well the Lords Spiritual as Temporal , had ordered that the tenth of May instant should be the Day for hearing the Earl of Danby , to make good his Plea of Pardon . And that on the thirteenth of May , the other five Lords Impeached , should be brought to their Tryal , and that your Lordships had addressed to his Majesty for naming of a Lord high Steward , as well in the Case of the Earle of Danby , as the other five Lords . Upon Consideration of this said Message , the Commons found , that the admitting the Lords Spiritual to exercise Jurisdiction in these cases , was an alteration of the Judicature in Parliament , and which extended as well to the proceeding against the five Lords , as the Earle of Danby . And that if a Lord high Steward should be necessary upon Tryal , on Impeachment of the Commons ; The Power of Judicature in Parliament , upon Impeachments might be defeated by suspending or denying a Commission to Constitute a Lord high Steward . And that the said Days of Tryal appointed by your Lordships , were so near to the time of your said Message , that these Matters , and the Method of proceeding upon the Trial , could not be adjusted by Conference betwixt the two Houses , before the Day so nominated . And consequently the Commons could not then proceed to Tryal , unless the Zeal which they have for speedy Judgment against the Earle of Danby , ( That so they might proceed to the Tryal of the other five Lords ) should induce them at this Juncture , both to admit the inlargement of your Lordships Jurisdiction , and to sit down under these or any Hardships , ( tho with the hazard of all the Commons Power of impeaching for time to come ) rather then the Tryal of the said five Lords should be deferred for some short time , whilst these Matters might be agreed on and setled . For reconciling Differences in these great and weighty Matters , and for saving that time which would necessarily have been spent in Debates and Conferences betwixt the two Houses , and for expediteing the Tryal , without giving up the Power of Impeachment , or rendring them ineffectual . The Commons thought fit to propose to your Lordships , that a Commitee of both Houses might be appointed for this purpose . At which Committee ( when agreed to by your Lordships , ) It was first proposed that the time of Tryal of the Lords in the Tower , should be put off till the other Matters were adjusted , and it was then agreed , that the Proposition as to the time of the Tryal , should be the last thing considered . And the effect of this Agreement stands reported upon your Lordships Books . After which the Commons communicated to your Lordships by your Committee , a Vote of theirs , ( viz. ) that the Committee of the Commons should insist upon their former Vote of their House . That the Lords Spiritual ought not to have any Vote in any proceedings against the Lords in the Tower , and that when that Matter should be setled , and the Method of Proceedings adjusted , the Commons would then be ready to proceed upon the Trial of the Pardon of the Earl of Danby , against whom they had before demanded Judgment , and afterwards to the Trial of the other five Lords in the Tower , which Vote extended as well to the Earl of Danby , as the other five Lords ; But the Commons as yet received nothing from your Lordships towards an Answer of that Vote , save that your Lordships have acquainted them , that the Bishops have asked leave of the House of Peers , that they might withdraw themselves from the Tryal of the said five Lords , with Liberty of entring their usual protestation . And though the Commons Committee have almost dayly declared to your Lordships Committee , that that was a necessary point of Right , to be setled before the Tryal , and offered to debate the same , your Committee always answered that they had not any Power from your Lordships , either to confer upon or to give any Answer concerning that Matter . And yet your Lordships without having given the Commons any satisfactory Answer to the said Vote , or permitting any Conference or Debate thereupon , and contrary to the said Agreement , did on Thursday the twenty second of May send a Message to the Commons , Declaring that the Lords Spiritual as well as Temporal , had ordered that the twenty seventh of this Instant May be appointed for the Tryal of the five Lords . So that the Commons cannot but apprehend that your Lordships have not only departed from what was agreed on , and in effect laid aside that Committee , which was constituted for preserving a good Understanding betwixt the two Houses , and better dispatch of the weighty Affairs now depending in Parliament , but must also needs Conclude from the said Message , and the Votes of your Lordships on the fourteenth of May ; That the Lords Spiritual have a Right to stay and sit in Court , till the Court proceeds to the Vote of Guilty or not Guilty . And from the Bishops asking leave ( as appears by your Lordships Books two Days after your said Vote ) that they might withdraw themselves from the Trial of the said Lords , with Liberty of entring their usual Protestation , and by their persisting still to go on and give their Votes in Proceedings upon the Impeachment ; That their desire of leave to withdraw at the said Tryal , is only an Evasive Answer to the before mentioned Vote of the Commons , and chiefly intended as an Argument for a Right of Judicature in Proceedings upon Impeachment , and as a Reserve to Judge upon the Earl of Danby's Plea of Pardon ; And upon these and other like Impeachments , although no such Power was ever claimed by their Predecessors , but is utterly denied by the Commons : And the Commons are the rather induced to believe it so intended , because the very asking leave to withdraw , seems to imply a Right to be there , and that they cannot be absent without it . And because by this way they would have it in their Power , whether or no for the future , either in the Earl of Danby's Case , or any other , they will ever ask leave to be absent ; And the Temporal Lords a like Power of denying leave , if that should once be admitted necessary . The Commons therefore are obliged not to proceed to the Tryal of the Lords on the Twenty seventh of this Instant May , but to adhere to their aforesaid Vote : And for their so doing , besides what hath been now and formerly by them said to your Lordships , do offer you these Reasons following . REASONS . I. BEcaufe your Lordships have received the Earl of Danby's Plea of Pardon , with a very long and unusual Protestation , wherein he hath aspersed His Majesty by false Suggestions , as if His Majesty had Commanded or Countenanced the Crimes he stands charged with ; and particularly suppressing and discouraging the Discovery of the Plot , and endeavouring to introduce an Arbitrary and Tyrannical way of Government ; which remains as a scandal upon Record against His Majesty , tending to render His Person and His Government odious to His People ; against which it ought to be the first and principal care of both Houses to vindicate His Majesty , by doing Justice upon the said Earl. II. The setting up a Pardon to be a Bar of an Impeachment , defeats the whole use and effect of Impeachments ; and should this point be admitted , or stand doubted , it would totally discourage the exhibiting any for the future ; whereby the chief Institution for the preservation of the Government , ( and consequently the Government it self ) would be destroyed . And therefore the Case of the said Earl , ( which in consequence concerns all Impeachments whatsoever ) ought to be determined before that of the said Five Lords , which is but their particular Case . And without resorting to many Authorities of greater Antiquity , the Commons desire your Lordships to take notice , ( with the same regard they do ) of the Declaration which that Excellent Prince , King Charles the First of blessed Memory , made in this behalf , in his Answer to the Nineteen Propositions of both Houses of Parliament ; wherein stating the several parts of this regulated Monarchy , he says : The King , the House of Lords , and the House of Commons have , each , particular Priviledges : And among those which belong to the King , he reckons power of Pardoning . After the ennumerating of which , and other His Prerogatives , His said Majesty adds thus : Again , That the Prince may not make use of this High and perpetual Power , to the hurt of those for whose good he hath it , and make use of the name of publick necessity , for the gain of his private Favorites and Followers , to the detriment of his people ; The House of Commons , ( an Excellent Conserver of Liberty , &c. ) is solely intrusted with the first Propositions concerning the Levies of Moneys , and the Impeaching of those , who , for their own ends , though countenanced by any surreptitiously-gotten Command of the King , have violated that Law , which he is bound ( when he knows it ) to protect , and to the protection of which they were bound to advise him , at least not to serve him in the contrary . And the Lords ●●ing trusted with a Judicatory Power , are an excellent skreen and bank between the Prince and People , to assist each against any Incroachments of the other ; and by just Judgments to preserve that Law , which ought to be the Rule of every one of the three , &c. Therefore the power legally placed in both Houses , is more than sufficient to prevent and restrain the power of Tyranny , &c. III. Until the Commons of England have right done them against this Plea of Pardon , they may justly apprehend , that the whole Justice of the Kingdome , in the Case of the Five Lords , may be obstructed and defeated by Pardons of like nature . IV. An Impeachment is virtually the voice of every particular Subject of this Kingdome , crying out against an oppression , by which every Member of that Body is equally wounded : and it will prove a matter of ill Consequence , that the universality of the people should have occasion ministred and continued to them , to be apprehensive of utmost danger from the Crown , from whence they of right expect protection . V. The Commons Exhibited Articles of Impeachment against the said Earl , before any against the Five other Lords , and demanded Judgement upon those Articles : whereupon , your Lordships having appointed the Trial of the said Earl to be before that of the other Five Lords , Now your Lordships having since inverted that Order , gives a great cause of doubt to the House of Commons , and raises a jealousie in the Hearts of all the Commons of England , that , if they should proceed to the Tryal of the said Five Lords in the first place , not onely Justice will be obstructed in the Case of those Lords , but that they shall never have right done them in the matter of this Plea of Pardon , which is of so fatal consequence to the whole Kingdome , and a new device to frustrate publick Justice in Parliament . Which Reasons and Matters being duely weighed by your Lordships , the Commons doubt not but your Lordships will receive satisfaction concerning their Propositions and Proceedings ; and will agree , that the Commons ought not , nor can , without deserting their Trust , depart from their former Vote communicated to your Lordships ; That the Lords Spiritual ought not to have any Vote in any proceedings against the Lords in the Tower ; and when that matter shall be setled , and the Methods of Proceeding adjusted , the Commons shall then be ready to proceed upon the Tryal of the Earl of Danby , ( against whom they have already demanded Judgment ) and afterwards to the Tryal of the other Five Lords in the Tower. FINIS . 
A38860	----	An exact account of the procedings [sic] at the Old-Bayly this July the 13, 1683 with a true survey of the tryal of the Lord Russel, John Rouse, William Hone joyner, Capt. William Blage who were indicted for high treason in conspiring the Kings death, and raising arms to subvert the goverment [sic] and alter the religeion [sic], and conpsreing [sic] the death of his royal brother James Duke of York : the Lord Ruslel [sic], John Rouse, William Hone, and one Captain Thomas Walcot, being all 4 condem'd to be hang'd, drawn and quarter'd. Russell, William, Lord, 1639-1683. 1683 Approx. 11 KB of XML-encoded text transcribed from 3 1-bit group-IV TIFF page images. Text Creation Partnership, Ann Arbor, MI ; Oxford (UK) : 2004-08 (EEBO-TCP Phase 1). A38860 Wing E3579 ESTC R31462 11995720 ocm 11995720 52103 This keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the Early English Books Online Text Creation Partnership. This Phase I text is available for reuse, according to the terms of Creative Commons 0 1.0 Universal . The text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. Early English books online. (EEBO-TCP ; phase 1, no. A38860) Transcribed from: (Early English Books Online ; image set 52103) Images scanned from microfilm: (Early English books, 1641-1700 ; 1009:2) An exact account of the procedings [sic] at the Old-Bayly this July the 13, 1683 with a true survey of the tryal of the Lord Russel, John Rouse, William Hone joyner, Capt. William Blage who were indicted for high treason in conspiring the Kings death, and raising arms to subvert the goverment [sic] and alter the religeion [sic], and conpsreing [sic] the death of his royal brother James Duke of York : the Lord Ruslel [sic], John Rouse, William Hone, and one Captain Thomas Walcot, being all 4 condem'd to be hang'd, drawn and quarter'd. Russell, William, Lord, 1639-1683. 4 p. Printed by E. Mallet, London : 1683. Caption title. Attributed to Russell by NUC pre-1956 imprints. Imprint from colophon. Reproduction of original in the Huntington Library. Created by converting TCP files to TEI P5 using tcp2tei.xsl, TEI @ Oxford. Re-processed by University of Nebraska-Lincoln and Northwestern, with changes to facilitate morpho-syntactic tagging. Gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. EEBO-TCP is a partnership between the Universities of Michigan and Oxford and the publisher ProQuest to create accurately transcribed and encoded texts based on the image sets published by ProQuest via their Early English Books Online (EEBO) database (http://eebo.chadwyck.com). The general aim of EEBO-TCP is to encode one copy (usually the first edition) of every monographic English-language title published between 1473 and 1700 available in EEBO. EEBO-TCP aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the Text Encoding Initiative (http://www.tei-c.org). The EEBO-TCP project was divided into two phases. The 25,363 texts created during Phase 1 of the project have been released into the public domain as of 1 January 2015. Anyone can now take and use these texts for their own purposes, but we respectfully request that due credit and attribution is given to their original source. Users should be aware of the process of creating the TCP texts, and therefore of any assumptions that can be made about the data. Text selection was based on the New Cambridge Bibliography of English Literature (NCBEL). If an author (or for an anonymous work, the title) appears in NCBEL, then their works are eligible for inclusion. Selection was intended to range over a wide variety of subject areas, to reflect the true nature of the print record of the period. In general, first editions of a works in English were prioritized, although there are a number of works in other languages, notably Latin and Welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so. Image sets were sent to external keying companies for transcription and basic encoding. Quality assurance was then carried out by editorial teams in Oxford and Michigan. 5% (or 5 pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet QA standards were returned to the keyers to be redone. After proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of 100 instances per text. Any remaining illegibles were encoded as <gap>s. Understanding these processes should make clear that, while the overall quality of TCP data is very good, some errors will remain and some readable characters will be marked as illegible. Users should bear in mind that in all likelihood such instances will never have been looked at by a TCP editor. The texts were encoded and linked to page images in accordance with level 4 of the TEI in Libraries guidelines. Copies of the texts have been issued variously as SGML (TCP schema; ASCII text with mnemonic sdata character entities); displayable XML (TCP schema; characters represented either as UTF-8 Unicode or text strings within braces); or lossless XML (TEI P5, characters represented either as UTF-8 Unicode or TEI g elements). Keying and markup guidelines are available at the Text Creation Partnership web site . eng Trials (Treason) -- England. Treason. Great Britain -- History -- Charles II, 1660-1685. 2004-05 TCP Assigned for keying and markup 2004-05 Apex CoVantage Keyed and coded from ProQuest page images 2004-06 Jonathan Blaney Sampled and proofread 2004-06 Jonathan Blaney Text and markup reviewed and edited 2004-07 pfs Batch review (QC) and XML conversion An Exact Account of the PROCEDINGS AT THE OLD-BAYLY this Iuly the 13 , 1683 with a true survey of the TRYAL OF THE Lord Russel William Hone Ioyner Iohn Rouse Capt. William Blage Who were Indicted for High Treason in Conspiring the , Kings death , and raising Arms to Subvert the Goverment and alter the Religeion , and conpsreing the death of his Royall Brother Iames Duke of Yorke . The Lord Ruslel , Iohn , Rouse , William Hone , and one Captain Thomas Walcot , being all 4 Condem'd to be Hang'd Drawn and Quarter'd . William Hone , who was yesterday Arraigned being set to the Bar , & the Indictment read , desired that the Plea which he tendred yesterday might be accepted , which was that he was guilty of conspireing the death of the King , but not guilty of providing Arms , or a designe of raising a Rebellion ; Sr. George Gefferyes said the confession was not directly to the Indictment ; therefore they would proceed to give their Evidence , he pleading not guilty as to the whole Indictment , the Jury was then sworn , being the same that passed the day before , Between the King and Capt. Walcot , Mr. West was first Sworn , who Witnessed that the 2d . of March 25 , Caroli Secondi , at the Parish of St. Michael Bishshaw in the Ward of Bishshaw in the City of London , with Rumbold Burton , Ferguson , Holliway , Roe , Francis Goodenough , and Richard Goodenough , and other false Traytors , he Conspier'd the Death of the King , and the Duke of York , to Subvert the Government , and alter the Religion both in Church and State , and the Prisoner was one of the persons to be Employed in that wicked Act. Then Leiling was Sworn , who witnessed that he was several times with the Prisoner and several others ; who Consulted the Death of the Black-Bird , and the Gold-Finch , meaning the King and the Duke of York . Ho●e acknowledged that he Consulted the Death of the 〈◊〉 - Bird , 〈◊〉 not of the Gold-Finch . But what Mr. VVest witnessed concerning his design of Shooting the King with a Cross-Bow , out of Bow-Ste●●le on the Lord Mayors Day , he denyed . He then asked Mr. 〈◊〉 what he thought of him , who said he took him to be a very honest man , for which Expression he was severely checkt . Sir Nicholas Butler witnessed that Hone Confessed to him , that there was a design to Shoot the King with a Cross-Bow out of Bow-Steeple and that H●ne was one of them ; Captain Richardson being Sworn , witnessed that Hone Confessed he was hir'd by Goodenough , with the promise or Twenty Pounds Reward to kill the King , and that he was to have shot him with a Cross-Bow . Hone Confessed that he was drawn in by Goodenough to kill the King. But as to the shooting him with a Cross-Bow , he said he was not concern'd in it ; but was only told that there was such a design by some Trades-men that lived near B●● Ste●●le , then the Iury without going from the Bar brought him in Gu●●●y . Then the Lord Russell was brought in his Coach into the yard , being attended by the Livetenant of the Tower. Being brought into Court before the Bar , the Indictment was read , that with Iames Duke of Monmouth , Ford Lord Grey , Sr. Thomas Armstrong , and Robert Ferguson , conspired the death of the King , the Raising Arms to Subvert the Goverment , to alter the Religeon &c. He pleaded not guilty , and desired that the Tryal may be put of for a longer time , but being told that the Kings Councel insisted on it now , the Court could not put it it off . He then desired a coppy of the Pannel of the Iury ' which was told him was matter of favour but such as was never denyed , and that it was alwayes ready for him . And being duly Examined , it appeared that he had a List of all the Iuries that were returned five or six dayes since . Then they proceeded to call the Iury to be Sworn . Iohn Martin , being called ' The Lord Russell , asked him if he had any Free-Hold in London , he answered no. Then he Challenged him , for that cause , and desired that Council might be allowed him , which was grantd ; ( Viz. ) Mr. Pollexfen ' Mr. Holt , and Mr. Ward ' who appearing : Argued very Streamously , that the Statutes concerning Tryalls in London , by such as are not Free-Holders extended not to crimin all causes , but in only Civill . But it was answered by the Attorney Generall , and Sr. George Gefferys , and Answered by the whole Court , that Satutes extend to both cases , and it was lately so resolved in the case of Worcester . Then the Iury was Sworn he Challenging Thirty two . Mr. Roger North opened the Indictment Sr. Georg Geffery casting the Evidence Collonal Rumsey was Sworn , witnessed that my Lord Shaftsbury told him , that the Lord Russel and several others were met in Consult about an Insurrection ; and that he should go to them to know what Readiness they were in for it , who returned Answer , that they were not yet ready , being failed of their Expectations in the West-County , ( Viz. ) at Taunton , therefore they defer'd it untill the 17th . of November , Queen Elizabeths Birth Day . Then the Lord Russel asked if he spoke any thing , or conscented to the Answer , and Collonal Rumsey said yes . Mr. Shepherd Sworn , witnessed that he being a Vintner Ferguson came to his house , and told him that the Duke of Monmouth , and the Lord Russel were coming to his House , which in a short time they did , privately in Hackney Coaches , and being come , desired to be very private , and that none be permitted to come into the Room , all the Servants being sent away , he himself waited on them . And that he heard them consulting about an Insurrection , and to be the best of remembrance , there was a discourse of seizing the Guards . The Lord Howard of Escreek then was Sworn , who made a very large Speech , as to the Plot , or Conspiering in the General , that the Lord Shafesbury contrived it , and sent Rumsey to the Lord Russel , and several others , to know what readdiness they were in , for an information , and what Resolution they come to , relateing to Taunton that their answer was , they were failed in the West , and that they had always told him they could not be ready at that time , but defer'd it untill the ●7th of November , on which the Lord Shaftsbury grew very impatient , and told them he had ten thousand brave boys ready at any time for his service . But afterwards the Lord Russell , was afraid there was a discovery by reason of the Proclamation and Forbiding Bou●ires . That some time after that the Lord Shaftsbury , went to Holland Duke of Monmo●th , Hamden Sidney , Essex . Robert Ferguson , Lord Russel , and he himself Sat as a chosen Council , to manage the insurrection design'd and that there was a Paper contriv'd as a Declaration for liberty , reckoning up all grievences pretended we then lay under , but they thought fit to stay till they could see what intrest they could make in Scotland , and to that purpose Engaged Sr. Hugh Cambden , Lord Mervin , Sr. Ithn Cockrom , and others , one of them ( Viz. ) Sr. Iohn Camden came to Town , about the time of this discovery , and then conceal'd himself , and is now taken . Sidney was sent by this Council to View the Guards , in what a Posture they were in ; who acquainted them them that they were very easily attain'd . That they had mony ready to carry on their design , but expected more from Holland . The Lord Russel confessed his being at the Consult , when the Message was sent to the Lord Shaftsbury , but come in late . He was at Shephards Tavern only to taste his Wines , and was several times in the Company , which they called the Council , only for the sake of the Lord Howards good Company , but knew of no Treasonable Consults . He then called the Earle of Anglesey ' and Mr. Howard and Dr. Burnet who wittnessed that the Lord Howard Severall times after 〈◊〉 Discovery of this plot , and before his being taken denyed any knowledg of this conspiracy . Dr. Tillotson & several others Wittness●d that they alwayes took the Lord Russell for a man of a very good life and conversation . Then the evidence being sum'd up by the Soliceter Generall , and Sr. George Geffereys and the Lord Chief Iustice Pemberton the Iurey withdrew , and the Court Adjorned . After Dinner the Court Sitting , the Iury brought in their Virdict Guilty . Iohn Rouse was then set to the Bar and a new Jury sworn Lee witnessed that he had serveral times been with the prisoner who said popery and slavery were coming in , and it was no sin to kill the King and the Duke and that they would propose the runing , for a golden ball on black heath and when they were mert they would assault the Tower and take it . Mr. Lee swear that Rouse had severall times contrived the the death of the King and to raise an armie and he to be pay master of it . All which Rouse denyed and sayed that Lee proposed such things to him but he refused it Corbin witnessed that in 1681. Rouse told him the King had forfuted his Crown . Mr. William Richardson , Swore that when he went to take Rouse he diso●●●● his Name , and said his Name was Iohnson . The Evidence being sumd up 〈◊〉 Iury without going out of Court foud him Guilty Capt. Bluge set to the Bar , and the same Iury Sworne . Lee Swore that he Conspier'd then to kill the King , raise Armies , and Seize the Tower. Lee Swore that being in his Company , they discoursed the Tower may be taken , but whether it was only to shew his Opinion barely , or design he knew not , therefore the Lord Chief Justice Pemberton left it to the Iury , to consider if they had two Evidences for High Treason , they consulted a small time , and brought him in not Guilty . So the Court Adjourned . LONDON Printed by F. Mallet . 1683 
A52652	----	The narrative of the sessions, February 26. 1678/9. With a particular account of the tryal of the notorious coiners, that received sentence for treason: and all other malefactors condemned, burnt in the hand, or to be whipt, and their respective crimes. Licensed, February 27. 1678/9. 1679 Approx. 15 KB of XML-encoded text transcribed from 5 1-bit group-IV TIFF page images. Text Creation Partnership, Ann Arbor, MI ; Oxford (UK) : 2007-01 (EEBO-TCP Phase 1). A52652 Wing N224 ESTC R214298 99826495 99826495 30898 This keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the Early English Books Online Text Creation Partnership. This Phase I text is available for reuse, according to the terms of Creative Commons 0 1.0 Universal . The text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. Early English books online. (EEBO-TCP ; phase 1, no. A52652) Transcribed from: (Early English Books Online ; image set 30898) Images scanned from microfilm: (Early English books, 1641-1700 ; 1765:26) The narrative of the sessions, February 26. 1678/9. With a particular account of the tryal of the notorious coiners, that received sentence for treason: and all other malefactors condemned, burnt in the hand, or to be whipt, and their respective crimes. Licensed, February 27. 1678/9. England and Wales. Court of Quarter Sessions of the Peace (London). 8 p. printed for L.C., London : 1678/9. [1679] Reproduction of the original in the Union Theological Seminary Library, New York. Created by converting TCP files to TEI P5 using tcp2tei.xsl, TEI @ Oxford. Re-processed by University of Nebraska-Lincoln and Northwestern, with changes to facilitate morpho-syntactic tagging. Gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. EEBO-TCP is a partnership between the Universities of Michigan and Oxford and the publisher ProQuest to create accurately transcribed and encoded texts based on the image sets published by ProQuest via their Early English Books Online (EEBO) database (http://eebo.chadwyck.com). The general aim of EEBO-TCP is to encode one copy (usually the first edition) of every monographic English-language title published between 1473 and 1700 available in EEBO. EEBO-TCP aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the Text Encoding Initiative (http://www.tei-c.org). The EEBO-TCP project was divided into two phases. The 25,363 texts created during Phase 1 of the project have been released into the public domain as of 1 January 2015. Anyone can now take and use these texts for their own purposes, but we respectfully request that due credit and attribution is given to their original source. Users should be aware of the process of creating the TCP texts, and therefore of any assumptions that can be made about the data. Text selection was based on the New Cambridge Bibliography of English Literature (NCBEL). If an author (or for an anonymous work, the title) appears in NCBEL, then their works are eligible for inclusion. Selection was intended to range over a wide variety of subject areas, to reflect the true nature of the print record of the period. In general, first editions of a works in English were prioritized, although there are a number of works in other languages, notably Latin and Welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so. Image sets were sent to external keying companies for transcription and basic encoding. Quality assurance was then carried out by editorial teams in Oxford and Michigan. 5% (or 5 pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet QA standards were returned to the keyers to be redone. After proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of 100 instances per text. Any remaining illegibles were encoded as <gap>s. Understanding these processes should make clear that, while the overall quality of TCP data is very good, some errors will remain and some readable characters will be marked as illegible. Users should bear in mind that in all likelihood such instances will never have been looked at by a TCP editor. The texts were encoded and linked to page images in accordance with level 4 of the TEI in Libraries guidelines. Copies of the texts have been issued variously as SGML (TCP schema; ASCII text with mnemonic sdata character entities); displayable XML (TCP schema; characters represented either as UTF-8 Unicode or text strings within braces); or lossless XML (TEI P5, characters represented either as UTF-8 Unicode or TEI g elements). Keying and markup guidelines are available at the Text Creation Partnership web site . eng Crime -- England -- Early works to 1800. Criminals -- England -- Early works to 1800. Trials -- England -- Early works to 1800. Trials (Treason) -- Early works to 1800. Treason -- England -- Early works to 1800. 2006-01 TCP Assigned for keying and markup 2006-01 Apex CoVantage Keyed and coded from ProQuest page images 2006-05 Emma (Leeson) Huber Sampled and proofread 2006-05 Emma (Leeson) Huber Text and markup reviewed and edited 2006-09 pfs Batch review (QC) and XML conversion THE NARRATIVE OF THE SESSIONS , February 26. 1678 / 9. WITH A particular Account of the TRYAL of the Notorious COINERS , That received Sentence for TREASON : AND All other Malefactors Condemned , Burnt in the Hand , or to be Whipt , and their respective Crimes . LICENSED , February 27. 1678 / 9. LONDON : Printed for L. C. 1678 / 9. The Narrative of the Proceedings at the Sessions , February 26. 1678 / 9. THis Sessions beginning in the Old Bailey , 26 February , the first person brought to Tryal , was an unhappy Wench , whom the Devil had seduced to endeavour , to cover the filthy sin of Fornication , with the Scarlet Mantle of Murder , having made away her own new-born Bastard-Child , and in a very barbarous manner cut the Throat of it so violently , that the Head was almost seperated from the body , which being found so exposed in an Alley near Bishops gate street , and not far from the Prisoners dwelling , search was made for all persons lyable to be suspected ; and amongst the rest she charged , who at first denyed that she had had any Child , at last confessed that , but not the whole truth : however , on full evidence , nothing necessary here to be related , she was found guilty . As were likewise a Man and a Woman for a Burglary , who broke into a poor Womans House in the Evening , whilst she was gone to buy Candle , and upon her return , were taken in the manner , having removed several Goods , but carried none quite away , though narrowly prevented , for the Man-prisoner being by profession a Porter , was busily preparing for their removal . As for the Woman , her Husband but the last Sessions received the reward of his Merits at Tyburn . Another Woman whipt but the last Sessions save one , was now Convicted for a Felony , stealing a parcel of Cloths out of an House , but discovered before she had quite secured the booty , and forc'd to drop them in the street , for which she was Condemned . A Man coming to drink at an Ale-house in Birchin-lane , made such use of his Art to convey away a Silver Tankerd , but scarce knowing what to do with it when he had it , gets a band-box , and putting the Tankard therein , goes to another Ale-house in Finch-lane , where he was wholly a stranger , and gives the said Box to the Gentlewoman of the House , to lay up for him till he call'd for it ; who perceiving something in it to rattle , and the Box having neither Lock nor Seal , out of an innocent curiosity took up the Lid , where seeing a Tankard Inscribed , with the Name and place of Dwelling of her Neighbour , she sent for him , and sometime after the Prisoner calling for his Box , was apprehended , and now burnt in the hand , which he well deserved , if we consider either his wickedness in stealing , or his folly in managing the Theft . The same punishment was awarded another Man for the like offence of stealing a Tankard from an House in Woodstreet , with whom was Indicted a Woman , but she passing for his Wife , and so the Law favourably supposing what she was concern'd in the Fact , to be by Coertion of her Husband , was acquitted . A young fellow coming to a Sempstresses shop , pretended to buy Cravats , who shewed him several , and some Money he had bidden for two , which she refusing to except , he resolved to have them cheaper , ( though like to prove a dear bargain ) for on a sudden he betakes him to his heels , but she crying out after him , he was quickly seized . In this case , because he had the Goods delivered into his hand by the Prosecutor to look upon , some scruple was raised , whether the running away with them afterwards , was Felony ; so that the Jury found the matter specially , and 't is left to be determined by the Judges . A bold Woman , that had lately been Servant to a Gentleman of Quality , having purloined a considerable quantity of his Plate , and being thereof fairly Convicted , was sentenc'd to dye . In the Afternoon , on Wednesday , a Lad belonging to a Ship , called the Laurence and Mary , lying below Wapping-dock , was Tryed for Killing one Tho. Young on board another Ship , called the Advance , lying hard by the former . The Prisoner was trying his skill in shooting at the Cat-head of his own ship as a Mark ; but the Bullet glancing thereon , flew to the other ship , and through the boards of the great Cabbin , and there unhappily killed the said Young , who was casually come on board to see the Ship , hitting him in the Forehead , that he presently died ; whereupon they that were with him running out on the Deck , and enquiring who fired that Piece , the Prisoner own'd it , and presently came on board of his own accord ; declaring both then , and now at the Bar , his hearty sorrow for the Mischance : for as he had no malice , so could he not ever see the person dead , or those that were with him , because they were in the Cabbin as aforesaid . However , it being adjudged an unlawful Act in him to shoot so negligently on the River , where so many Vessels and People are continually passing , he was found Guilty of Manslaughter , and carries a Memorandum in his Hand , to make him and others more wary for the future . The next was a base and horrid Cause , horrid in the pretensions , and a sin not to be named amongst Christians ; and base in the management , since nothing of that kind could be made appear . The person accused was a Man of good repute and competent fortune , which 't is feared was the first motive to the Prosecution , hoping to get a summ of Money out of him , rather than endure the disgrace even of being charged or suspected of such an odious Crime . The Girl that pretended the wrong done her , being between 13 and 14 years of Age , told her Story very confidently ; but by her own shewing it appeared , that for 12 Weeks or upwards she never spoke a word of it , and two Surgeons and a Midwife that had search'd her , utterly confuted what she alleadged ; besides 't was made out , that her Father would have compounded the business , but demanded 100 l. &c. Upon all which Circumstances , and many persons of Repute justifying the Prisoners credit and conversation for many years without Blemish , he was thereupon acquitted by the Jury , and with particular notice of his Innocence from the Court discharged , and the Girls Father ordered to give Security for his good Behaviour . A Fellow at Stepney having one Night made an invasion on an Hen-roost , and carried away captive about 18 of them , of which some were found at one of his Neighbours house , where he left them , was for the same found Guilty of petty Larceny , and ordered to be Whipt . As also was another for stealing a laced Wastcoat out of a Ship , which was sound upon his Back . A Woman was Convicted of Felony , for robbing one in Hatton-garden on the 2d of February . Having lately been Servant there , she had observed where they used to lay the Key of their outward Door , when they went forth , and so comes with two of her Companions , goes into the house breaks open a Closet door and a Desk , and takes away 11 l. odde Money and a Sword , and so lockt the Street-door and go their way ▪ but left behinde them a Chezil , which was proved to have been borrowed the same Afternoon by her in Fetter-lane : and that she and two men did go forth together , assoon as she had got that Tool , and were also seen at the House where the Robbery was done . Two Rag-women were Indicted for stealing two Gowns and several other Wearing-cloaths , in the Strand . A Gentlewomans door being accidentally left open , there were several strong presumptions against them , but no positive proof , so they were acquitted on Thursday in the forenoon . A person was Convicted for stealing two Livery Cloaks , and the seats out of two Coaches at Piccadilly , and being pursued , the Goods were taken in the same Room with him at Maribone . So was another for breaking open a Shop in Fetter-lane the 14th of February , and stealing one Beaver , and several other Hats , to the value of Ten pound ; some of which were taken upon him in Middlesex , and therefore he was tryed by that Jury . A Wench , formerly a servant to a Washerwoman in St. Margarets Westminster , , had four Indictments brought against her for stealing of Linnen , some of which was the Washerwomans own , but most of the parcels other peoples : The Prisoner acknowledged she did pawn the things , but pretended it was done by the Dames order ; and it did appear , she had sent her sometimes with things to the Pawn-brokers , so that she was cleared of three Indictments ; but a Gentlewomans shift that her Mistriss washt to , being found on her back , she was on the fourth found guilty , to the value of ten pence , and so to be well whipt . As likewise were two Men for stealing a couple of Pigs at Wapping , they appearing very sorrowful for their Crime ; which as they affirmed it to be the first , so they protested it should be the last that ever they would be guilty of , in that or the like kind . A Woman Arraigned for breaking an House in the day time , and stealing Goods , and that she had confessed one put them out to her at an hole ; denying now very confidently , that she knew of , or was any way concern'd in the business ; the Court of a sudden asking her , what the Womans Name was , that so flung the things out ? to which , before she was aware , she replyed , Mary , and so in effect own'd her own share in the Fact ; but the things being of no great value , 't is like only to cost her a whipping Pilgrimage . But the most considerable Transactions of this day , were the Tryals of two most notorious Coiners and Clippers of Money ; who upon full and plain Evidence , and their own Confession at Bar , were found guilty of two Indictments of High-Treason apiece ; and indeed , 't is believed , they have not equals in that wicked Mistery in England . They stampt Groats , Nine-pences , Six-pences , Shillings , Half-Crowns , and Five-shilling pieces ; no sort came amiss to them ; and they had an Art to make a Nine-pence or Groat just new made , look as if it had been Coined these hundred years . Two Witnesses swore directly against each of them , that they had severally seen them at work , both Coining and Clipping , and produced great variety of the individual pieces , which they had seen pass through their skill and handling . Their Instruments likewise , mixt Mettals , and other Utensils taken in their respective Lodgings were publickly shown . They were both of a Gang , and confessed they had for some years been concerned in such practises . The Witnesses had been acquainted with them , and designing a discovery , seemed to comply with them , and furnish them with large Money , which first they would Clip , and with those Clippings and baser Mettals , Coin new Money , and then Clip that too to make it pass with less suspition . Four Five-shilling pieces they will afford for twenty shillings good Money , and twenty shillings in Groats of their own Manufacture , for fifteen shillings Sterling ; and one of them offered to teach one of the Witnesses such his Trade for six pound , and to make and sell rare stamps for Coining , at Ten pound a pair . The matter was so evident , that they had nothing to say for themselves , and so could not but be both found guilty by the Jury , of the several Crimes of Treason , wherewith they stood charged , and were accordingly condemn'd to be Drawn and Hang'd . Two honest ' men of Fulham were charged for stealing a Mare , but upon a long disquisition of the matter , it not appeared that the Mare in question , was the same the Prosecutor lost , but rather on the contrary , that one of the Men at the Bar , had this Mare given him by a Worthy Gentleman in Sussex , whereupon , they were acquitted . So likewise was a Woman of St. Martins in the fields Indicted for Murther , but by the Witnesses it onely appeared , That as long ago as last Easter Holy-days , a fray happened between her and the party deceased , and that they were down together , but the Prisoner uppermost ; that the said party liv'd till since Christmass , and then dyed , having been infirm , and as was asserted , troubled with a Dropsie . Three persons were Convicted of Felony , for Robbing a Scotch-Merchant ( or Pedlar ) of above five pounds worth of Holland Callime , flaxen Stockings , &c. in the night Feb. 1. at his Lodging in Rochester , three Men forced into his Chamber with drawn Swords , &c. who took away the Goods , but understanding afterwards , some Pedlers were seen carry a bundle , he on enquiry got their Names , whom he followed , and at the House of one of them , found part of his things , and hard by the Persons , and on one of their legs , a pair of his Stockings , in anothers pocket his Tobacco-box , and a third confessed the Robbery ; whereupon , being Indicted only in Middlesex , it was but a simple Felony , for which they escaped with a Brand ; whereas in Kent it would have proved a Burghlary , which mexcy the Court minded them of , as a grand Argument to warn them from running into any future Crimes of that kind , since they are like no more to be indulged by any favour . A complaint having been made , that a considerable sum of Money had been extorted by some under Officers , from the Relations of a person lately Executed , before they could obtain his Body to burie it , the Court was pleased to inquire thereinto , and nobly expressing their detestation of the inhumane practices of such Vulters , as would make a prey even of Mens Carcasses , compelled one that had received some of the Money , to refund it in their presence , with farther marks of displeasure threatned to be inflicted . There were in all fourteen burnt in the Hand , and nine Condemned to Die , viz. two Men for Treason , one Woman for Murther , a Man and a Woman for Burghlary , and four Women for notorious House-breakings and Felonies , most of them having formerly been Whipt , burnt in the Hand , or received other chastisements , and yet would take no warning . FINIS . 
A53337	----	Articles of high misdemeanours humbly offer'd and presented to the consideration of His Most Sacred Majesty, and His Most Honourable Privy Councel, against Sir William Scrogs, Lord Chief-Justice of the Kings Bench, exhibited by Dr. Oats, and Captain Bedlow, together with His Lordships answer thereunto. Scroggs, William, Sir, 1623?-1683, defendant. 1680 Approx. 16 KB of XML-encoded text transcribed from 5 1-bit group-IV TIFF page images. Text Creation Partnership, Ann Arbor, MI ; Oxford (UK) : 2005-10 (EEBO-TCP Phase 1). A53337 Wing O29 ESTC R13287 12570058 ocm 12570058 63427 This keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the Early English Books Online Text Creation Partnership. This Phase I text is available for reuse, according to the terms of Creative Commons 0 1.0 Universal . The text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. Early English books online. (EEBO-TCP ; phase 1, no. A53337) Transcribed from: (Early English Books Online ; image set 63427) Images scanned from microfilm: (Early English books, 1641-1700 ; 770:6) Articles of high misdemeanours humbly offer'd and presented to the consideration of His Most Sacred Majesty, and His Most Honourable Privy Councel, against Sir William Scrogs, Lord Chief-Justice of the Kings Bench, exhibited by Dr. Oats, and Captain Bedlow, together with His Lordships answer thereunto. Scroggs, William, Sir, 1623?-1683, defendant. Oates, Titus, 1649-1705. Bedloe, William, 1650-1680. 8 p. s.n., [London : 1680] Caption title. "The answer of Sir William Scroggs" p. 5-8. Reproduction of original in Huntington Library. Created by converting TCP files to TEI P5 using tcp2tei.xsl, TEI @ Oxford. Re-processed by University of Nebraska-Lincoln and Northwestern, with changes to facilitate morpho-syntactic tagging. Gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. EEBO-TCP is a partnership between the Universities of Michigan and Oxford and the publisher ProQuest to create accurately transcribed and encoded texts based on the image sets published by ProQuest via their Early English Books Online (EEBO) database (http://eebo.chadwyck.com). The general aim of EEBO-TCP is to encode one copy (usually the first edition) of every monographic English-language title published between 1473 and 1700 available in EEBO. EEBO-TCP aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the Text Encoding Initiative (http://www.tei-c.org). The EEBO-TCP project was divided into two phases. The 25,363 texts created during Phase 1 of the project have been released into the public domain as of 1 January 2015. Anyone can now take and use these texts for their own purposes, but we respectfully request that due credit and attribution is given to their original source. Users should be aware of the process of creating the TCP texts, and therefore of any assumptions that can be made about the data. Text selection was based on the New Cambridge Bibliography of English Literature (NCBEL). If an author (or for an anonymous work, the title) appears in NCBEL, then their works are eligible for inclusion. Selection was intended to range over a wide variety of subject areas, to reflect the true nature of the print record of the period. In general, first editions of a works in English were prioritized, although there are a number of works in other languages, notably Latin and Welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so. Image sets were sent to external keying companies for transcription and basic encoding. Quality assurance was then carried out by editorial teams in Oxford and Michigan. 5% (or 5 pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet QA standards were returned to the keyers to be redone. After proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of 100 instances per text. Any remaining illegibles were encoded as <gap>s. Understanding these processes should make clear that, while the overall quality of TCP data is very good, some errors will remain and some readable characters will be marked as illegible. Users should bear in mind that in all likelihood such instances will never have been looked at by a TCP editor. The texts were encoded and linked to page images in accordance with level 4 of the TEI in Libraries guidelines. Copies of the texts have been issued variously as SGML (TCP schema; ASCII text with mnemonic sdata character entities); displayable XML (TCP schema; characters represented either as UTF-8 Unicode or text strings within braces); or lossless XML (TEI P5, characters represented either as UTF-8 Unicode or TEI g elements). Keying and markup guidelines are available at the Text Creation Partnership web site . eng Scroggs, William, -- Sir, 1623?-1683. Oates, Titus, 1649-1705. Bedloe, William, 1650-1680. Treason -- England. 2004-11 TCP Assigned for keying and markup 2004-12 Aptara Keyed and coded from ProQuest page images 2005-01 Mona Logarbo Sampled and proofread 2005-01 Mona Logarbo Text and markup reviewed and edited 2005-04 pfs Batch review (QC) and XML conversion ARTICLES OF High Misdemeanours , Humbly offered and Presented to the Consideration of His Most Sacred Majesty , AND HIS Most Honourable Privy COUNCEL , AGAINST Sir William Scrogs Lord Chief Justice of the KINGS BENCH , Exhibited by Dr , Oats , and Captain Bedlow , Together with his Lordships Answer thereunto . I. THat the said Lord Chief Justice , contrary to his Oath , the Duty of his Place , in contempt of the King , his Crown and Dignity , did set at Liberty several persons accused upon Oath before him of High Treason , without their being ever Tryed , or otherwise acquitted ; as namely the Lord Brudenell , &c. II. That at the Tryal of Sir George Wakeman and others , at the Sessions-House in the Old Bayly , for High Treason , the said Lord Chief Justice ( according to the Dignity of his place ) managing the said Tryal , did brow-beat and curb Dr. Titus Oates and Mr. William Bedlow , two of the principal Witnesses for the King in that Case , and encourage the Jury impanelled and sworn to try the Malefactors , against the said Witnesses , by his publick speaking slightly and abusively against them and their Evidence , and the mis-repeating and omitting of material parts of their Evidence , whereby the parties Indicted were by the said Jury acquitted of the Fact then charged against them , and fully proved by the said Witnesses . III. That the said Lord Chief Justice , after the Tryal of the said Sir George Wakeman and others for High Treason as aforesaid , in the further abuse of the said Dr. Titus Oates aud Mr. William Bedlow , and in their great disparagement speaking of them , said , That before the Tryal of Sir George Wakemen ( meaning the aforesaid Tryal ) the Witnesses ( meaning the aforesaid Dr. Titus Oates and the said Mr. William Bedlow ) were to be believed , but that at and after the said Tryal , they were not to be believed by him , nor should not be believed by him ; or to that very effect . IV. That the said Lord Chief Justice , by reason of his Office , hath taken upon him the power to oppress by Imprisonment his Majesties Loyal Subjects , namely Henry Care , for writing and causing to be printed divers single-sheet Books in English , called The Pacquet of Advice from Rome , for the information and discovery of the Idolatrous Errors and Impieties of the Romish Church , to his Majesties Loyal and obedient Protestant Subjects , ( in this conjucture of time very useful ) although the said Lord Chief Justice neither did , not could alledge or charge the said Care with any thing contained in the said Book , that was any ways criminal or derogatory to his Majesties Laws , Crown or Dignity ; and refuses to take very good Bail for him , though offered , and afterwards less Bail taken for him upon his Habeas Corpus in Court : But by the said Lord Chief Justice's means , he was continued bound all the Term to his good behaviour , and at the end thereof until the next Term , although no particular Crime was or could be proved against him , or laid to his charge . V. That to the great oppression of his Majesties Loyal Subjects , the said Lord Chief Justice , contrary to Law , and in manifest breach of his Oath , hath without any reasonable cause imprisoned a Feme Covert , and also divers other his Majesties said Subjects , and refused to take Bail , though tendred , and the Matter Bailable , as in the case of Mrs. Jane Curtis , Mr. Francis Smith , &c. VI. That the said Lord Chief Justice is very much addicted to Swearing and Cursing in his common discourse , and to drink to excess , to the great disparagement of the Dignity and Gravity of his said place . He did in his common discourse at Dinner at a Gentlemans house of Quality , publickly and openly use and utter many Oaths and Curses , and there drink to excess . VII . That Charles Price being accused upon Oath , before the said Lord Chief Justice to be a Popish Priest and Jesuit , and Imprisoned for the same , and also divers other Persons accused upon Oath for High Treason , as namely Sir Francis Mannock , Richard Vaughan Esq and Daniel Arther Merchant , the said Lord Chief Justice set at large upon Bail , without consulting his Majesties Councel , or his witnesses , and against their consent , divers of which Persons have not since appeared , but have forfeited their Recognizances , and the persons not to be found . VIII . That the said Lord Chief Justice , to the great discouragement of his Majesties Loyal Protestant Subjects , to the manifest Incouragement of the Roman Catholick Subjects , when Information hath been duly and legally given to him of the aboad , or person of a Popish Priest or Jesuit , and a Warrant desired from him to take or search for such Priests or Jesuits ; he hath in a slighting and scornful manner refused the same , and bid the Informer go to Sir William Waller , who busied himself in such matters mainly . IX . That at the Tryal of Knox and Lane , at the Barr of the Kings-Bench-Court , for their misdemeanors , in endeavouring to take away the Credit of Dr. Titus Oates , and Mr. William Bedlow , two of the principal Witnesses for his Majesty , in the proving of the Conspiracy and Conspirators against his Majesties Life , and Government of these Kingdoms of England , Scotland , and Ireland , the destruction of the Protestants and Protestant Religion , and introducing and setling of Popery there , although the Evidence was so full and clear against them , that the Jury found them guilty without going from the Bar ; yet the said Lord Chief Justice , in further discouragement and disparaging the Evidence of the said Dr. Titus Oates and Mr. William Bedlow , would not , nor did not give any Charge to the Jury therein , but rose up suddenly , after the Evidence closed by the Council , and left the said Court abruptly , before the said Jury had given in their Verdict . X. That the said Lord Chief Justice , knowing that one Will. Osborn was in the Conspiracy and Contrivance with the said Knox and Lane , in the last Article mentioned , to take away the Credit of the said Dr. Titus Oates and Mr. William Bedlow , and knowing the said Dr. Titus Oates and Mr. William Bedlow to be material Witnesses for his Majesty , in proving of the Conspiracy and Conspirators in the said last Article mentioned , and had been so against several of the said Conspirators that had been tryed , and were to be so against several others of the said Conspirators that were impeached or accused for the said High-Treason , and were to be tryed for the same ; and knowing the said Will. Osborn had been detected before the Lords in Parliament assembled , for his said Conspiracy and Contrivance with the said Knox and Lane ; and that upon his own Oath , thereupon denying the Fact in their said Conspiracy and Contrivance to be true , yet out of his malice to the said Dr. Titus Oats . and Mr. William Bedlow , and in as much as in him lay to endeavour the disparagement , if not the suppressing of the further discovery of that Hellish and damnable Plot , the said Lord Chief Justice , without the knowledge , consent , or approbation of his Majesty , or any of his Learned Council in the Law , or the said Dr. Titus Oates , or Mr. William Bedlow , did voluntarily give the said Osborn liberty to make an Affidavit before him upon Oath , of the truth of the said Fact , he had before as aforesaid denied upon his Oath , with intent that the same might be made use of against the said Dr. Titus Oates , and Mr. William Bedlow , to their disparagement , and the apparent prejudice of his Majesty , against the said Conspirators , in the said High-Treason . XI . That he the said Lord Chief Justice , to manifest his slighting opinion of the Evidence of the said Dr. Titus Oates and Mr. William Bedlow , in the presence of his most Sacred Majesty , and the Right Honourable the Lords and others of his Majesties most Honourable Privy Council , did dare to say , That he had thought that Dr. Titus Oates and Mr. William Bedlow always had an accusation ready against any body . XII . That at the Assize holden at Monmouth last , the said Lord Chief Justice , in the presence of several Justices of the Peace for the said County , did say to Mr. William Bedlow , that he did believe in his Conscience , that Richard Langhorn , whom he condemned , died wrongfully , to the great disparagement of his Majesties Crown and Dignity , the Justice of the Court , the Jury and Evidence . XIII . That the said Lord Chief Justice , contrary to the Dignity of his Place , did make Merchandize of the Trials of certain Priests to be tried in Staffordshire , and took twenty Guinneys in earnest ; then sold the said Trials to other persons , refusing to return the said twenty Guinneys to those from whom he had received them . And furthermore , before the Trial of Sir George Wakeman , he the said Lord Chief Justice did bargain with two Book-sellers for one hundred and fifty Guinneys for them to Print the Trials , and in case they would not lay down the Money before he went into the Court , he would not go into the Court , but would go into the Countrey ; and if the said Trial , by reason of its length , could not be finished in one day , he would have a hundred Guinneys more , or to that very effect . THE ANSWER OF S r William Scroggs K t LORD CHIEF JUSTICE OF THE Kings-bench , TO THE ARTICLES OF M r. TITUS OATES AND M r. WILLIAM BEDLOE . 1. TO the first he saith , That the Lord Brudnell was Bailed by the Court of the Kings-bench in open Court , and afterwards by the Court discharged ; with this , That William Bedloe did importune the Lord Westmoreland to get the said Lord Brudnell discharged , for that he had nothing to say against him , as he said to the Lord Westmoreland . 2. To the second he saith , That as to his omitting or misrepeating the Evidence at Sir George Wakeman's Tryal , it is a reflection upon the whole Court , to suppose it true , and that they should let it pass . But he saith , that Mr. Oates being askt at that Tryal why he did not charge Sir George Wakeman at the Council-Table with a Letter under his own hand concerning the Death of the King , he answered , He did not know but that he did : To which it was replied , It is plain he did not ; for then the Council would have committed him . To which Mr. Oates replied , That that Council would commit no body for the Plot ; which might be the cause of the misdemeanour of frowning in the Articles mentioned . 3. To the third he saith , He doth not remember that ever he express'd much concerning their Credit before their Tryal ; but that there were some passages at that Tryal which gave him great cause of doubt ; which he hopes he might do , without making it an Article of Mismeanour . 4. & 5. To the fourth and fifth he saith , That the Persons in the Articles mentioned , were committed by him for publishing several Libellous and Scandalous Papers , which were proved against them upon Oath ; which Commitments , even of a Feme Covert also , notwithstanding Mr. Oates and Mr. Bedloe's Skill , were according to Law : though there is no Law for these persons to call me to account for Judicial acts done upon other men . 6. To the sixth , which is an insolent Scandal , he referreth himself to the testimony of that Gentleman of Quality , whoever he be . 7. To the seventh he saith , That the persons in this Article were Bayled and discharged by the Court , where the Attorney-General was first called ; but indeed Mr. Oates and Mr. Bedloe's Consent was not askt . 8. To the eighth , he saith , He conceives himself not obliged to do all the business that Justices of the Peace may do ; and though without an offence he might have given such an answer as is mentioned , yet he did not , but a servant of his did . 9. To the ninth he saith , That when the Cause was tryed , he told the Jury the matter was plain , and so did the rest of the Court ; upon which he went away , without any Complement to Mr. Oates , to try Causes in London . 10. To the tenth he saith , that Osbourne made onely two Affidavits before him , the substance of one was , That one Bowring a servant to Mr. Oates had said , that he had heard Mr. Oates say , That the Kingdom of England would never flourish , until it became Elective , and the Kings chosen by the People . The other Affidavit was , when he was sent to him by an Order of Council to be Examined , wherein amongst other things he Swears , That though at the Tryal of Knox and Lane , it was asked where Osborne was , and Mr. Oates his Counsel answered that he was fled , yet Osborne swears , that he at that time was at his Fathers House in the Country , and that Mr. Oates knew it ; That he took his leave of him the day before he went , and told whither he went , and saw a Letter wrote by Mr. Oates to his Father to send for him ; notwithstanding it was carred at the Tryal as if he had been fled no man knew whither ; so that the Affidavit which the Article chargeth me for permitting to be made , was not Sworn before me . 11. He saith , it is more to be wondred how Mr. Oates should dare to Charge that as an Article of Misdeameanour , which was said in the Kings presence , and yet repeated falfe too . 12. That at Monmouth Assizes he did tell Mr. Bedloe , that he was more unsatisfied about Mr. Langhorns Tryal than all the rest ; and the rather , for that he was credibly informed since the Tryal , that Mr. Langhorns Study was so scituated , that he that walked in his Chamber could not see Mr. Langhorne write in his Study : which was Mr. Bedloes Evidence . 13. He saith , the matter complained of is a meer Contract with other Men , of which he thinks himself not bound to give Mr. Oates and Mr. Bedloe any other Account , but that by the taking of Twenty Guinies he lost forty ; and that his backwardness to go into Court to Wakemans Tryal , makes it look as if he had not had Ten thousand pound to favour Wakeman in this Tryal . If these Articles shall appear to your Majesty to be Frivolous , or Scandalous , or not true ; I humbly pray your Majesties just Resentment thereon , in HONOUR TO YOUR COURTS AND GOVERNMENT . And that such an unknown Attempt may not go unpunished ; That the Promoters may be left to be proceeded against according to Law. The Articles of Dr. Titus Oates and Mr. William Bedloe , against the Lord Chief Justice Scroggs , were heard this 21th of January , 1679. before the King and Council ; and upon the hearing of both sides , Dr. Oates and Captain Bedloe are left to be proceeded against according to Law. FINIS . Notes, typically marginal, from the original text Notes for div A53337-e1060 See the Rules of Court. 
A56091	----	The Protestant joyners ghost to Hone the Protestant carpenter in Newgate With his confession. 1683 Approx. 7 KB of XML-encoded text transcribed from 2 1-bit group-IV TIFF page images. Text Creation Partnership, Ann Arbor, MI ; Oxford (UK) : 2007-10 (EEBO-TCP Phase 1). A56091 Wing P3836 ESTC R219671 99831125 99831125 35587 This keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the Early English Books Online Text Creation Partnership. This Phase I text is available for reuse, according to the terms of Creative Commons 0 1.0 Universal . The text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. Early English books online. (EEBO-TCP ; phase 1, no. A56091) Transcribed from: (Early English Books Online ; image set 35587) Images scanned from microfilm: (Early English books, 1641-1700 ; 2095:13) The Protestant joyners ghost to Hone the Protestant carpenter in Newgate With his confession. Hone, William, d. 1683, attributed name. Colledge, Stephen, 1635?-1681, attributed name. 1 sheet ([2] p.) Printed for J. Smith, [London] : 1683. Imprint from colophon; place of printing from Wing. An imaginary dialogue between William Hone, "the Protestant carpenter", and Stephen College, "the Protestant joiner", both of whom were executed for plotting against King Charles II. Reproduction of original in the University of Illinois (Urbana-Champaign Campus). Library. Created by converting TCP files to TEI P5 using tcp2tei.xsl, TEI @ Oxford. Re-processed by University of Nebraska-Lincoln and Northwestern, with changes to facilitate morpho-syntactic tagging. Gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. EEBO-TCP is a partnership between the Universities of Michigan and Oxford and the publisher ProQuest to create accurately transcribed and encoded texts based on the image sets published by ProQuest via their Early English Books Online (EEBO) database (http://eebo.chadwyck.com). The general aim of EEBO-TCP is to encode one copy (usually the first edition) of every monographic English-language title published between 1473 and 1700 available in EEBO. EEBO-TCP aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the Text Encoding Initiative (http://www.tei-c.org). The EEBO-TCP project was divided into two phases. The 25,363 texts created during Phase 1 of the project have been released into the public domain as of 1 January 2015. Anyone can now take and use these texts for their own purposes, but we respectfully request that due credit and attribution is given to their original source. Users should be aware of the process of creating the TCP texts, and therefore of any assumptions that can be made about the data. Text selection was based on the New Cambridge Bibliography of English Literature (NCBEL). If an author (or for an anonymous work, the title) appears in NCBEL, then their works are eligible for inclusion. Selection was intended to range over a wide variety of subject areas, to reflect the true nature of the print record of the period. In general, first editions of a works in English were prioritized, although there are a number of works in other languages, notably Latin and Welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so. Image sets were sent to external keying companies for transcription and basic encoding. Quality assurance was then carried out by editorial teams in Oxford and Michigan. 5% (or 5 pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet QA standards were returned to the keyers to be redone. After proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of 100 instances per text. Any remaining illegibles were encoded as <gap>s. Understanding these processes should make clear that, while the overall quality of TCP data is very good, some errors will remain and some readable characters will be marked as illegible. Users should bear in mind that in all likelihood such instances will never have been looked at by a TCP editor. The texts were encoded and linked to page images in accordance with level 4 of the TEI in Libraries guidelines. Copies of the texts have been issued variously as SGML (TCP schema; ASCII text with mnemonic sdata character entities); displayable XML (TCP schema; characters represented either as UTF-8 Unicode or text strings within braces); or lossless XML (TEI P5, characters represented either as UTF-8 Unicode or TEI g elements). Keying and markup guidelines are available at the Text Creation Partnership web site . eng Hone, William, d. 1683 -- Fiction -- Early works to 1800. Colledge, Stephen, 1635?-1681 -- Fiction -- Early works to 1800. Treason -- England -- Early works to 1800. Rye House Plot, 1683 -- Early works to 1800. Great Britain -- History -- Charles II, 1660-1685 -- Early works to 1800. 2006-07 TCP Assigned for keying and markup 2006-07 Aptara Keyed and coded from ProQuest page images 2006-09 Jonathan Blaney Sampled and proofread 2006-09 Jonathan Blaney Text and markup reviewed and edited 2007-02 pfs Batch review (QC) and XML conversion THE Protestant Joyners Ghost TO Hone the Protestant Carpenter IN NEWGATE . With his CONFESSION . Col. HOne ! Oh! Hone ! Oh! Hone ! Oh! Hone. What dismal Voice is this , nay , now I find I must be Hang'd . This is as the Sound of the last Trump , shril and terrible as Death . Col. Do you not know me yet , That and that for your Confession . ( Pinches him ) Hone. Oh my Ribs ! Oh my Side ! Col. The Tryal being so near at the Old Baily , I am sent to Torment thee , my Ghost shall haunt thee to the Gallows if thou Confess a Syllable . Hone. My Journeyman Stephen ! the Protestant Joyner ! Chip of the Old Block of Rebellion ! dost thou not know thy old Master ? Col. Yes , yes my old Master the Protestant Carpenter that Wainscoted the Room at the Devil for the Green Ribbon Club , and Carv'd Rebellion and the Sacred Slaughter of Kings about the Frames and Chimny Pieces . Yes , Hone the Carpenter that hew'd out the way to Destruction , that swore the Death of Kings and Princes , and now swears as hard for em and against himself , Hone the betrayer of the Cause , and Impeacher of the Brethren , Hone the Apostat , Hone the Backslider , Hone the Turncoat , Hone the Changling . Hone. Now let me die for a Traytor , if thou be not thy self this very Apostat , this Turncoat , this Changling . Now thou art Chang'd since I see thee ? thou look'st as if thou hadst been hang'd alive upon one of thy own Gibbets , and fed all this while upon Shavings and Saw dust . Col. Yes , I was foreman of the Plot , and carv'd it and plain'd it , till I made it as smooth as a Deal Board . Any fool that kenw how to manage it might nap upon a King. But you with your hacking , and hewing , your splitting and sawing , have saw'd it all to pieces . Your selves dropt into the Saw-Pit , and lye Buried in your own Dust . Hone. Indeed we have wanted thy helping hand , the Cause has gone much down the Wind since so hopeful a Branch was lopt off from the Root of Rebellion . Where hast thou been all this while . Col. In Hell , In a deeper Vault then Deerhams Dungeon , 16 Fathom beneath the Lowermost Abyss where this Plot was first brew'd , and where such Plotters will be Rewarded . Hone. Indeed this was a Reach beyond the Devils Ela. But what hast thou been doing all this while ? Col. Building of Gibbets for Traytors and King-Killers , and now they come so fast , that I want a Journeyman . Hone. Canst thou not Remove Tyburn , it will save a world of Carpenters Work. Col. That 's kept for Whigs and Plotters in this Life ; How Shad — l and the fat Turnspit wou'd make a Gallows swag , there are others have out-run the Constable ; But hang it , Rebellion is nothing till they be catch'd . Hone. Prethe Stephen , who was catch'd at Oxford . Col. If I was catch'd , I made no pittiful howling Lamentation , or whining Confession , to the betraying of the Cause or the Brethren ; I brazend it out to the last . Hone. With more then the Doctors Impudence till the Rope choaked thee , for a Lye never wou'd . But prethee tell me , for thy excellent Skill in Joyning Dissenters , and Turning Monarchy into a Common-Wealth , how has thy Master the Devil Imploy'd thee ever since thou dropt from the Tree at Oxford , like a solon Goose into the Lake . Col. The first two Years I was Imploy'd in making Protestant Flayls . Hone. Protestant Flayls ! I can tell thee where there are Five Thousand at this time in one place . Col. You had best tell the King and Council . Hone. I have done it already . Col. Now 5000 Legions of Devils with 5000 Flayls , be dashing out thy Brains for 5000 years together , was there ever such an Ass trusted with so great a Secret ? Hone. Was there ever such an Owl in Pursuit of the Eagle , when thou oughtest to have been mouseing amongst thy own Vermin at home . Well , thou art an Angel of Light , and the Ass cannot chuse but open his Mouth . What hadst thou to do at Oxford with thy Arms , and Armour Cap a Pe , and Protestant Flayls to dash out the Brains of Monarchy , and overturn the whole structure of Church and Government . Thou designedst a plaguy turn in the State , but that thou hadst thy last turn at the Gibbet , and lest as thy Journey-men to do thy work at New-Market , where our whole Plot was overturn'd , and now it is come to our turn to follow . Col. Indeed your Plot at New-Market , your Cart cross the vvay , your tvventy Blunderbuses , six Inches Diamiter ; your Horse-Races and Hunting Matches , your Arms and Insurrections , were in a fair way to take effect . But Fires and Dissolutions are fatal to our Conspiracies . Hone. And a Rope will put an end to ' em . Col. With your Cowardly Confessions , and Treacherous Impeaching of one another . Hone. Woud'st thou have me to brazen it out like thy self , and go to the Devil with a Lye in my Mouth ? Will a Vote of the Factious Rump save us from the Curse of King-Killing hereafter ? Will our putting it upon the Papists ( as Oats did on Pickerin ) pass upon the Devil . Will M — pass for a Head-piece ? West for a wise Councellor , or the Solamanca Bloud-sucker for a Saviour in the other World ? For my part , before I have to do with such a pack of Rebels , I 'le turn Loyal , Confess , and Repent though I hang for 't . The Ghost had no sooner-heard him talk of Repentance , but with much Indignation incensed , he Vanish'd in a Flash of Fire , throwing the Bed-Staves about the Room , and the Doors oft the Hing's , with that Terrible Noyse , that it shook the Foundation of the uppermost Hell. With a terrible ratling of Links and Chains ; The Noyse was given out that a Prisoner had escaped , which Alarm'd the Captain , and his Janizarys to pursue , but they could not catch him . LONDON , Printed for J. Smith . 1683. 
A57609	----	Rome for Canterbury, or, A true relation of the birth and life of William Laud Arch-bishop of Canterbury together with the whole manner of his proceeding, both in the star-chamber, high-commission court, in his owne house, and some observations of him in the tower : with his carriage at the fight of the deputyes going to the place of execution, &c. : dedicated to all the Arminian tribe or Canterburian faction, in the yeare of grace, 1641 : whereunto is added all the articles by which he stands charged of high treason, &c. This text is an enriched version of the TCP digital transcription A57609 of text R17938 in the English Short Title Catalog (Wing R1895). Textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. The text has been tokenized and linguistically annotated with MorphAdorner. The annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). Textual changes aim at restoring the text the author or stationer meant to publish. This text has not been fully proofread Approx. 22 KB of XML-encoded text transcribed from 5 1-bit group-IV TIFF page images. EarlyPrint Project Evanston,IL, Notre Dame, IN, St. Louis, MO 2017 A57609 Wing R1895 ESTC R17938 13042437 ocm 13042437 96877 This keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the Early English Books Online Text Creation Partnership. This Phase I text is available for reuse, according to the terms of Creative Commons 0 1.0 Universal . The text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. Early English books online. (EEBO-TCP ; phase 1, no. A57609) Transcribed from: (Early English Books Online ; image set 96877) Images scanned from microfilm: (Early English books, 1641-1700 ; 261:E208, no 10) Rome for Canterbury, or, A true relation of the birth and life of William Laud Arch-bishop of Canterbury together with the whole manner of his proceeding, both in the star-chamber, high-commission court, in his owne house, and some observations of him in the tower : with his carriage at the fight of the deputyes going to the place of execution, &c. : dedicated to all the Arminian tribe or Canterburian faction, in the yeare of grace, 1641 : whereunto is added all the articles by which he stands charged of high treason, &c. Prynne, William, 1600-1669. [8] p. s.n.] [London? : 1641. Woodcut port. of Laud on the t.p. Attributed to William Prynne in the Wrenn catalogue. Reproduction of original in Thomason Collection, British Library. eng Laud, William, 1573-1645. Treason -- England. A57609 R17938 (Wing R1895). civilwar no Rome for Canterbury: or a true relation of the birth, and life, of William Laud, Arch-bishop of Canterbury: together with the whole manner o [no entry] 1641 3944 105 0 0 0 0 0 266 F The rate of 266 defects per 10,000 words puts this text in the F category of texts with 100 or more defects per 10,000 words. 2002-02 TCP Assigned for keying and markup 2002-03 SPi Global Keyed and coded from ProQuest page images 2002-04 TCP Staff (Michigan) Sampled and proofread 2002-04 John Latta Text and markup reviewed and edited 2002-05 pfs Batch review (QC) and XML conversion Rome for Canterbury : Or a true Relation of the Birth , and Life , of William Laud , Arch-bishop of Canterbury : Together with the whole manner of his proceeding , both in the Star-Chamber , High-commission Court , in his owne House , and some observations of him in the Tower . With his carriage at the sight of the Deputyes going to the place of Execution , &c. Dedicated to all the Arminian Tribe , or Canterburian Faction , in the yeare of grace , 1641. Whereunto is added all the Articles by which he stands charged of High Treason , &c. Printed also in the same . 1641. Roome for Canterbury : or the Relation of the Birth , Life , and Proceedings of William Laud , Arch-Bishop of Canterbury , and Metropolitan of all ENGLAND . GReatnesse● and Goodnesse are two severall blessed attributes co●ferred upon man , but seldome méete in one pe●son : Greatnesse ma● bee stiled a gift in●erd by fort●ne : but Goodnesse , a grace i●fused by God . The fir●● labo●rs in mistrust , and is borne the bonds●ave of Chance ; seldome attended without ●●vy ; and though to many pers●ns it appeare excéeding pleasant , yet the higher wee are seated ( although by vertue ) the greater is our fal● , if corrupted by vice . By Honour and Office men ●●come great ; yet is it not the place ●hat maketh the pers●n , but the pe●son that maketh the place honourable : and that preferment and power , which is both well acquir'd , and worthily con●er'd , Non est invitamen um ad tempus , sed perpetuae virtutis praemium : is no tempo●arie invitation , but a perpetuall inheritance . Goodnesse is of a co●tra●y condition , men are not t● be accounted good , either for their authority or age , but for their sincerity and actions : Hée th●t is good , is better than the good he doth ; and he that is evill , is wo●se ●●an the bad déed done by him . All great men are not ( consideratel● ) goo●● but all good men are consequently great : Greatnesse and goodnesse with grace add●d ( ●o ciment them together ) make unques●i●nably a perf●ct ●nd compleate man . Here was grace , which had it ●●ene ●●l●s●i●lly inspi●e● , as it was but temporally disposed , might t● that grea●nesse ●ave so combined goodnesse , as from thence could have growne no such tribula●ion . Hows●●v●r , let no man grieve at his present afflictions , for they are the rods by which God ●hallis●th his children : I here is nothing that the wo●ld can ●ake awa●●●om us● bec●u●e it can give nothing unto us ; fame fadeth , pote●cy perisheth , weal●h wasse●● : True riches consist , in our constancy in casualty , and though perturbation and punishment be the prison of the body , yet courage and comfort are the libe●ty of the soule , to which I onely adde Patience , which is so allyed to Fortitude , that shée séemeth to be either her sister or her daughter : things that compulsively come upon us , should be borne with patience and co●●rage , ( of which we have had late president ) and more generous it 〈◊〉 for a man to offer himselfe to death in triumph , than to be drawne unto it with terrour : Gaudet patientia duris . I come now to the person . He was borne at Reading , of honest parents ; his father was a Clothier in that Towne , of a competent estate , and carefull to sée his children to be well educated and instructed : This his sonne William being of an excellent wit , and pregnant capacity , was sent from the Grammar schoole to Oxford , where he was admitted into St. Johns Colledge , where shortly hee prov'd an ingenious disputant , and ere hee tooke his first degree of Batchelour , was well verst in Logick , philosophy , and the Liberall Arts : after he devoted himselfe to the study of Theologie , in which he procéeded Doctor , with no common applause , attaining to these dignities belonging to so famous an Academy ; and being of an active spirit , was called from thence to the Court , where he grew so gracious , that after some private preferments , he was first made Bishop of St. Davis , and thence removed to London : and after the decease of the right reverend George Abbot , Arch●Bishop of Canterbury , was inaugurated into that prime See , and was Metropolitane of all England : ( steps that his predecessor , who was a Clothiers sonne in Guilford , had trod before him , whom lesse than two yeares was Bishop of Coventry and Lichfield , London and Canterbury . ) What this Prelates deportment ( now in agitation ) in so high a dignity was , is sufficiently noys'd amongst all ; made apparent by his Dia●conicall Censures in the Star-Chamber , the High Commission Court , &c. And it was a great aspersion iustly cast upon such high authority , that hee so much affected summum jus , iustice without mercy , as sparing neither person nor profession , and to leave all others ) witnesse how he did persecute the good Bishop of Lincoln . D. Williams , being of his owne degrée and function : his ( more than ) severity , in his rigorous censure and sentence , upon Master Burton the Divine , Master Prin the Lawyer , and Doctor Bastwick the Physiciqn : and even that poore fellow Thomas Bensted , whom he caused to be hang'd , drawne , & quartered ; he could make that a matter of Treason , though he was but a subiect : His threatning of the honest Iudges , his 〈◊〉 other Officers and Ministers of tge Kings : his sternnes and 〈◊〉 a●●wers even to Gentlemen of worth and now Parliament men , who have but pleaded for poore men in iust causes : it was a good wish , that either he might have more grace , or no grace at all , which is now come to passe . It is observed by some , that in all the time of his Pontificall Prelacy , he never promoted any to Church preferment that favoured not of the Arminian ●●et , and still when Benefices fell , that were either in his gift , or where his power was to have them bestowed , hee hath caused such men to be instituted , and inducted , as either were dunces in learning , or debaucht in their lives : such men being most apt ( for their tempo●ising or ignorance ) to imbrace any Innovation that should bée brought into the Church : nay , when places have not béene voyd , but supplyed by pious Pastors , and devout Ministers , that were constant professors of the Protestant faith , yet by spies , and intelligencers , such Cavills have béene made at their Doctrines and Disciplines , that notwith●tanding their charge of wife and children , and that their utter undoings impended upon the taking away of their meanes , yet they have béene supplanted , that the other might subsist in their places ; the first turn'd out , the latter took in ; but that which farre transcends the former , that he hath laboured to suppresse the French and Dutch Protestant Churches here in London , who for their Conscience and Religions sake have abandoned their Countries , to aveyd persecution , and have made this famous Citie their Asilum and Sanctuary for themselves and families . It hath béene observed also that he never gave censure upon a Iesuite , or Seminarie , or any Popish Priest , though brought before him by his owne warrant , and the Pursuivant imployed by himselfe . For though apprehended yet they were never punished : but if to ni●ht imprisoned , to morrow infranchized and set at libertie , or else he so cautelously and cunningly dealt by his agents , Secretary Windibank , Sir John Lamb , & others , that they were sent abroad , and he séene to have no hand in the businesse ; when in the interim all the rigorous sentences that past him , were against the zealous professors of our Protestant Religion . A poore Prelate having long waited to speake with this great Arch-Bishop , and being after much attendance admitted to his presence , in their discourse , the great Metropolitane told him , hee was an idle fellow , to whom the other replyed , it is most true , for had I not béene so , I could not have spared so many idle hours to attend upon your grace , to such small purpose . At which he being much mov'd said ; Why , what ( fellow ) dost thou thinke of us Bishops ? who replyed , I will in plaine tearmes tell your grace what I thinke of you : I can no better compare you than unto the huge Brasse Andirons that stand in great mens Chimnies , and us poore Ministers to the low Créepers : you are they that carry it out in a vaine-glorious shew , but wee the poore Curates undergoe , and beare the burthen . Another told him ( when h●e used to play upon other mens miseries ) that his Lordship must néeds be witty ( hée being a very little man ) that his head and his heart were so neare together . Some have observed , that as hee was a Prelate , and Primate , so hée greatly favoured the letter P. ( by which may bée coniectured ) the Pope , w●ose Emblasons , amongst other of his Pontificall Escutchions , are three Bishops , viz , ( I take it thrée Bibles ) and to shew he much affected that Episcopall Letter , his thrée beneuolent and well benefit'd Chaplaines were Browne Bray , and Baker . And for the letter P. he was also a great patron and protector to Doctor P●ck●i●ton , who for publishing one Booke called Sunday is no Sabboth , wherein he vilified all the observance due to Dies Domini , the Lords Day , and another intituled the Christians Altar , wherein he would have first produc'd , and after propagated Popish superstition , he did confere upon him three or foure Benefices , worth some two or thr●● hundred per annum , and a Prebendary in Windsor , valued at thrée hundred more by the yeare . Many are the probabilities that he purposed to bring poperie into the Kingdome ; as the Scotch Service Book , differing from our English Liturgie , especially in words concerning receiving the Eucharist , or the Lords Supper , w●ich was the first incendiary of all these late troubles betwéen the two Kingdomes of England and Scotland , in which some bloud hath béene drawne , but infinite treasure exhausted ( apparancy néedeth no proofe ) but tha● we leave to the ●e●sure of the higher powres , being an argument , as it hath béene long , so now at this present in agitation : yet the better to define that which before was but disputable , when he came first into the Tower , ( and not being acquainted with the place , he desired , that by no meanes he should be lodged where the Bishop of Lincoln had before laine ; and being demanded the reason . because they were swéet and good , he made answer , O but I feare they ●mell so of Puritanisme , that the very ayre of them will halfe stifle or choake me . These sympathising with the rest , may give the world reason to suspect his Religion . Upon monday , being the tenth of May , when it was knowne that the Lieutenant should prepare himselfe to dye , tidings was brought to the Arch Bishop of the setting up of the Scaffold● upon Tower-hill , whereon the Deputie of Ireland was to suf●er death , hee immediately spake to his men saying ; It is no matter when or where we dye , so wee first have time to make our peace and reconciliation with God ; we are all of us borne to dye , though there be many severall wayes to death : for death must at last conquer and have victory over the bodies of all flesh whatsoever . Be yée of good comfort , doe not yée be discouraged for me ; I am a man of sorrow and borne to this sorrow ; Lord give me strength to bear thy chastisements patiently , and indure them constantly , even to the end and period of my life : I am indéed a man borne of a woman , of a short continuance , and full of trouble and heavinesse : a man indéed , ma●● like to vanity , and compared to the flowers of the field , here this day , it may be gone to morrow ; nay , I am worse , a child of wrath a vessell of dishonour , begotten in uncleanenesse , living in care and wretchednesse , and dying in distresse : O Lord I will cry unto thée night and day before I passe through this vale of misery , I will summe up all my offences , I will confesse my vilenesse before thee , and will not be ashamed ; for true confession is the very way whereby I may come unto thée , which art the way , and the onely true way that leads unto life eternall . O the most happy life which the Angels enioy , in the right blessed Kingdome , voyd of death everlasting ; where no times succéed by ages , where the continuall day without night hath no end , where the conquering souldier , ioyned to that ioyfull quire of Angells , & crowned with the Crowne of everlasting glory , doth sing to his God a Song amongst the Songs of Syon . I meddle not with any state busines whatsoever : but it séems he bore no great affection to the Scots , which is probable by the little love they beare unto him : But most sure we are , that he was arrested of high and capitall Treason , first committed to the Knight of the black rod , and thence convayed to the Tower , where ever since he hath béene in custody of the Lieutenant , of whose demeanor during his abode there I shall next speak by the true information of some credible persons , that have observed his deportment . He was not onely frequent and fervent in , and at his Orisons in his owne chamber , where hee spent the greatest part of the morning at his private meditations , but very carefull and observant at the wéeke dayes service , at the Chappell , but especially on the Lords day he came duely , and prostrated himselfe devoutly on his knées , giving great attention both to the service and sermon ; and taking speciall notice of some particular Psalmes that were sung before the Parson went up into the pulpit , especially the second part of the thrée and thirtieth Psalme , the second part of the fortie ninth , and the first part of the hundred and fortieth ( which are worthy any mans reading , being so aptly pickt out for that purpose ) he called the Clark one day unto him , and courteously demanded of him whether he happened on them by accident , or had cald them out by his owne conceit ? the plaine old man ingenuously confessed unto him , that he chose them out purposely to put him in minde of his present estate : at which hee modestly smiling , made him no further answer , but departed towards his lodging . Further hee was heard to say , that if ever God delivered him from that present durance , and that the King would restore him to his pristine dignities , he would much improve that place , ( meaning the Church ) in remembrance that he had béene there a prisoner . It is also reported that a gentleman of quality comming to the Tower to give him a visite , and asking his grace how it fared with him at that present ? he made him answer , I thanke God I am well , for it hath pleased his Sacred Maiesty my Soveraigne to provide for me an honourable and convenient lodging , where I have good and wholsome fare , and where ( not withstanding all my troubles and tribulations ) I never yet broke an houre of my usuall and contented sléep . And the morning when the late Earle of Strafford past by his lodging , as he was led to the place of execution , and mooved his ha● unto him , then standing and looking out of his windowe , he held up his hands and eyes towards heaven , without speaking any thing audible to the observers , as if he prayed earnestly , and inwardly for the salvation of his soule , &c. He was observed also sometimes to speake those words of the Psalmist , Psal. 82. v. 6 , 7. I have said ye are gods , and children of the most high , but ye shall dye as men , and yee Princes shall fall like others , &c. Now follow the Articles exhibited , &c. The true copy of the Articles whereby William Laud Arch-Bishop of Canterbury stands charged with high Treason . FIrst , That the said William Laud , Arch-bishop of Canterbury , hath traiterously laboured to subvert the fundamental Laws and Government of the Kingdome , by giving his Majesty advise privately , and in other places said , that hee would have them gouern'd by Civill Lawes ; and further said , hee would make the proudest Subject in the Kingdome , give way to him ; and being told it was against Law , he replied he would make it Law , and that the King might at his owne pleasure take away without Law , and make it warrantable by Gods Law . Secondly , His countenancing of Bookes and their Authors , for the maintenance of his unlimited and absolute power , wherein the power of the Parliament is denied , and the Bishops power of Prela●y set up . Thirdly , That he traitorously went about to interrupt the Iudges by his threatnings , and other meanes , to constraine them to give false Iudgment in the case of Ship-mony , as will appeare both by writings , and his hand , by testimony of divers persons of good worth and quality . Fourthly , That he hath taken bribes , and sold justice in the High Commission Court , as he was Arch-bishop , and hath not only corrupted the Iudges there , but hath also sold judicial places to be corrupted . Fiftly , That he hath endeavoured the incroachment of jurisdiction and institution of Canons , which are not onely unlawfull , but prejudiciall to the Subject : and that hee hath exercised his authority very cruelly , both as a Chancellour , Commissioner , and Iudge . Sixtly , That He hath traiterously assumed a capitall power over his Majesties subjects , denying his power of Prelacy as from the King . Seaventhly , That by false erronious Doctrines , and other sinister wayes and meanes , He went about to subvert the Religion establish●d in this Kingdom , and to set up Papistry and superstition in the Church . Eightly , That by undue meanes and practice he hath gotten into his hand the power of nominating of Ministers to Spirituall promotions , and hath preferred none but scandalous Ministers thereunto , and that he preferred corrupt Chaplains to his Majesty . Ninthly , That his owne Ministers , as Heywood , Laifield and others , are notoriously disaff●cted to Religion . Tenthly , That hee hath Traiterously endea●oured to reconcile us to the Church of Rome , and to that end hath imployed a Iesuite , and a Papist-priest , and hath wrought with the Popes Agents in severall p●i●ts . Eleventh , That to suppresse prea●hing , Hee hath suspended divers good men , and u●ed u●lawfull meanes by Letters , and otherwise to severall Bishops , to suppresse th●m . Twelth , That he hath Traiterously endeavoured to suppresse the French Religion here amongst us , which is the same wee are of , and also the Dutch Church , and to set divisio● betweene them and u● . Thirteenth , That he hath Traiterously ende●vored to set Division between the King and his Subjects , and hath gone about to bring in Innovatio●s into our Church : And hath induced the King to Warre with the Scots , and many upon their death beds , to give towards the maintenance of the Warre . And hath caused the Clergy to give fr●●ly towards the same ; and hath broug●t in many Superstitions and Innov●tions into the Church of Scotland : And that hee procured the King to breake the pacification , thereby to cause a bloody War betwee● the Kingdomes . Fourteenth , That to preserve himselfe from being questioned , for these and other his Traiterous designes , from the first yeare of his Majesties Raigne untill now , hee hath laboured to subvert the Rites of Parliam●ntary proceedings , and to incense h●s Majesty against Parliaments . By all which Words , Councels , and Actions , hee hath Trait●rously laboured to ali●nate the h●arts of the Kings leige people from his Majesty , ●o set a Division betweene them ; and to ruine and destroy his Majesties Kingdomes . For which they impeach him of high Tre●son agai●st our Soveraigne Lord the King , his Crown● and Dignity . And the said Commons , by protestation , saving to themselves the liberty of exhibiting at any time hereafter , any other Accusation or Impeachment against the said William La●d , Arch-bishop of Canterbury . And also , of replying to the Answers that he● the said Arch-bishop shall make unto the said Articles , or any of them , And of offering proofe also of the Premisses , or a●y of them , or any other Impeachment or Accusation , that shall be exhibited by them , ●● the course of Parliaments require : Doe pray , that he the said William La●d , Arch-bishop of Cant●rbury may be put spe●dily to answere for all and eve●y the premisses , that such Proceedings , Examin●tions , Trials and Iudgments , may be upon every one of them had and used , as is agre●able to Law and Iustice . FINIS . 
A59340	----	Remarks on Algernoon Sidney's paper, delivered to the sherriffs at his execution Settle, Elkanah, 1648-1724. 1683 Approx. 23 KB of XML-encoded text transcribed from 4 1-bit group-IV TIFF page images. Text Creation Partnership, Ann Arbor, MI ; Oxford (UK) : 2006-06 (EEBO-TCP Phase 1). A59340 Wing S2715 ESTC R12784 12000585 ocm 12000585 52203 This keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the Early English Books Online Text Creation Partnership. This Phase I text is available for reuse, according to the terms of Creative Commons 0 1.0 Universal . The text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. Early English books online. (EEBO-TCP ; phase 1, no. A59340) Transcribed from: (Early English Books Online ; image set 52203) Images scanned from microfilm: (Early English books, 1641-1700 ; 77:4) Remarks on Algernoon Sidney's paper, delivered to the sherriffs at his execution Settle, Elkanah, 1648-1724. 4 p. Printed for W.C. and are to be sold by W. Davis ..., London : 1683. Caption title. Attributed to Settle by Halkett & Laing (2nd ed.), citing Wood. Imprint from colophon. Reproduction of original in Huntington Library. Created by converting TCP files to TEI P5 using tcp2tei.xsl, TEI @ Oxford. Re-processed by University of Nebraska-Lincoln and Northwestern, with changes to facilitate morpho-syntactic tagging. Gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. EEBO-TCP is a partnership between the Universities of Michigan and Oxford and the publisher ProQuest to create accurately transcribed and encoded texts based on the image sets published by ProQuest via their Early English Books Online (EEBO) database (http://eebo.chadwyck.com). The general aim of EEBO-TCP is to encode one copy (usually the first edition) of every monographic English-language title published between 1473 and 1700 available in EEBO. EEBO-TCP aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the Text Encoding Initiative (http://www.tei-c.org). The EEBO-TCP project was divided into two phases. The 25,363 texts created during Phase 1 of the project have been released into the public domain as of 1 January 2015. 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Copies of the texts have been issued variously as SGML (TCP schema; ASCII text with mnemonic sdata character entities); displayable XML (TCP schema; characters represented either as UTF-8 Unicode or text strings within braces); or lossless XML (TEI P5, characters represented either as UTF-8 Unicode or TEI g elements). Keying and markup guidelines are available at the Text Creation Partnership web site . eng Sidney, Algernon, 1622-1683. Treason -- England. 2005-09 TCP Assigned for keying and markup 2005-12 SPi Global Keyed and coded from ProQuest page images 2006-01 Jonathan Blaney Sampled and proofread 2006-01 Jonathan Blaney Text and markup reviewed and edited 2006-04 pfs Batch review (QC) and XML conversion REMARKS ON Algernoon Sidney's PAPER , Delivered to the SHERRIFFS AT HIS Execution . THe great Aim of this Paper , like that of the late Lord Russel , is a continued Justification of a dying Traytor 's Innocence , a virulent and declamatory Harangue against the Magistracy of the Nation , loaded with so much Obloquie and Injustice , thrown upon the Court , the Judges , and the very Government it self ; that 't is a perfect Appeal to the People to revenge his blood , and an open and visible Exhortation to them to push them on to the finishing of that Work , which himself dy'd for , and which his own shortned thread did not hold out to see accomplisht ; and all under a shadow of Truth , but an Intayling of his Guilty Principles to Posterity . But alas ! his mighty Protestations of all Saint , and no Sinner , are so aukwardly and so lewdly put together , that half an Eye of sense cannot but spy through the Falsity of them . This Gentleman , however , is an Original of his Kind ; and if the Candidness and not the Inadvertency of the Author , be to be thankt for 't , has dealt more plainly with the World than his Predecessour Russel ; for instead of Prayers for the King , and the Prosperity of the Crown , and a Detestation of Anarchy , he very ingenuously avoids so poor a Disguise , and with a bar-fac'd Openness , avows his Republican Principles , and his utter aversion to Monarchy . To come to the Paper . The first material thing he tells us , is , That We live in an Age , that makes Truth pass for Treason ; which his Tryal and Condemnation he says sufficiently evidences . Tho truly his unhappy Paper has rather turn'd the Tables , and proved Mr. Sidney has a greater Mind to make Treason pass for Truth ; a Truth too , so divine , that his very last Ejaculation is , His glorifying of the Mercy of God , in permitting him to dye a Witness to . He goes on and says , West , Rumsey , and Keyling , who were brought to prove the Plot , said no more of me , than that they knew me not ; and some others equally unknown unto me , had used my Name , and that of some others , to give a little Reputation unto their Designs . The Lord Howard is too infamous by his Life , and the many Perjuries not to be denyed , or rather sworn by himself , to deserve mention ; and being a single Witness would be of no value , though he had been of unblemished Credit , and had not seen and confessed that the Crimes committed by him would be pardon'd only by committing more ; and even the Pardon promised could not be obtained till the Drudgery of Swearing was over . In the first place , under that Ignominious Reflection , Of giving Reputation to their Designs ; the Discovery of the whole Phanatical Plot is insinuated to be all Juggle and Combination . Tho the World may take notice of a wonderful Difference betwixt the Quality of these Discoverers , and those of the Popish-Plot . Their Oats and Bedlows , though no better than the Rakings of Jayls , and no higher than Companions for Valets , were nevertheless thought worthy to be Secret-keepers , and Cabinet-Counsellors of Princes , and honour'd with the universal Belief of a whole applauding Nation for Detection of a hellish Plot , traced up to no less than a Conspiracy of 30000 Bloody-Pilgrims , and as many formidable Black-Hills , like the head of Nilus up to the Mountains of the Moon . Whereas , on the contrary , these last Witnesses were Men of undisputed Reputation , Birth and Honour , Men so far from Oats his hopes of a Parliamentary Donative of 30000 pound , that the Discovery was made without the least prospect of a Reward . Besides , if these Witnesses were Villains , how comes the Lord Howard to be the Only Evidence against Collonel Sidney , and West , Rumsey , and Keyling to keep silent ; when in the Case of Designs , as he calls them , and that they had sworn without Fear , or Conscience ; or had had but half that Salamanca Courage that brought the Queen into the Poisoning the King , no doubt these three Mutes had opened their Mouths too , and not left the Collonel such a Loop-hole for Innocence , as a Pretence of a Single-Testimony . But the Master-stroak of the Colonel's Pen against the Lord Howard , is one of the most accurate pieces of Mallice that the most studyed Revenge could have put together . But if the Lord Howard's Life be so infamous , the Colonel had done well to have specifyed wherein . Almost the whole Life of that Lord , has been notoriously known to have been spent in that very Old Cause ▪ which the Colonel Religiously , even to his Death , a●serts , styling himself no less than a Witness of God's Truth ; and consequently , arrogating a Crown of Martyrdom for dying in . Was not Shaftsbury all along this Lord 's Gamaliel ? And has he not lived a continually profest Enemy to these very Idols to whom this Gentleman says , he dy'd a Sacrifice . And if so , How can this Gentleman render his Accuser's Life so Infamous , unless for those very Principles , which he proudly boasts are the glory of his own . Besides , if his many Perjuries are so undeniable , he had done well to have given some Particulars of them . I am certain , the Violation of his Allegiance , in the days of the late Fanatical Rebellion , is none of the Perjuries he intends to lay to his Charge ; for then he must make that the Lord Howard's Infamous Guilt , which he makes his own highest Vertue and Honour . But if his Perjury consists in his late Discovery ; from that the very dying Criminals ; nay , some of them against their wills , have been his Compurgators . The very Lord Russel in all his Protestations of Innocence in his last Speech confesses he had been at several Meetings where they had discours't of seizing the King's Guards ; and though he endeavours to render it wholly a Discourse by Accident , yet as accidental as 't was , it brought the Lord Russel and the Duke of Monmouth on purpose to Shepherd's to prevent the putting it in Execution , and perswade some violent Men from attempting that which would undo them all . This indeed is the Lord Howards Perjury which the dying Sidney quarrels with : and to stigmatize him deeper yet , he very audaciously and Libellously affirms that the Lord Howard had not only Seen but CONFEST that the Crimes he had committed would not be pardoned but for committing of greater ; and even the promised pardon not to be obtaind till the Drudgery of Swearing was over . 'T is not enough , it seems , as he says afterwards , That the Bench was fill'd with those that had been Blemishes to the Bar : And consequently the Judges corrupted , and the Law perverted ; yes and the Court , nay Government it self rendred no less than Supporters of Popery , where he tells us He dyes a Sacrifice to Idols . But for the last most Diabolical Calumny from the blackest Spirit of Fanaticisme , he insolently accuses the King himself of the most wretched Subornation of Perjury , as if the Lord Howards Pardon had been only obtained by the merit of Swearing Innocent Men out of their Lives . Good God! to what Outrages can that sin of Witchcraft Rebellion inchant her Proselites ! 'T is well he satisfies some part of our Astonishment , by owning as he lived so he died a Votary to the good Old Cause . And for the Credit of his 40 years Apprentisship to it , he 's grown so great a Master in the Craft of it , that I assure you , he has shot at one Bolt a Blacker Aspersion against the Honor of the Son , then all the united Tongues and accumulated Forgeries of so many Years Triumphant Rebellion had Impudence to raise against his Father . But if it were true , that the Ld. Howard had really Confest that he could not obtain a pardon for his Crimes , but by committing more . Why did not this Guiltless , this Plotless Gentleman at his Tryal , lay hold of so lucky an Occasion , as the subpaening those People that heard him confess it , to averr the Truth of such a Confession , A Confession , the Proof whereof would not only have been a Confutation of the Credit of his Accuser , and consequently the saving of his own Life ; but likewise , an unanswerable Confirmation of that Innocence , which , the whole party so indefatigably labour to uphold , and which , the dying L. Russell so boldly asserted , though by equivocating even with Heaven it self on the very Brink of Eternity , and adding at his last Gasp Hipocrisy to Treason , a Crime as Capital at Gods Tribunal as the Other at Mans. Well , but what signifies that ? This dying speech was calculated for the understanding of the Rabble ; and Reson or Truth is no part of the Fuell , where the Crowd is to be inflamed . Calumny sticks with them , though never so forged , and Innocence ( though but a meer sound ) is substantial in a True Protestant . The very Foundation of this Gentleman 's Good Old Cause was all no more . The old Kings Popery and Arbitrary Power were all rank Calumny and Lies , the Bugbears of so many distracted Years and the Incentives of the most Bloody Civil War , and three flourishing Kingdoms Ruine was all but Sound and Noise . And if Sham and Imposture was the great Business of the Good Old Cause in her Minority , and the Good Old Cause ex confesso has been this Gentlemans Saint from his Youth to his very Death , I cannot comprehend why she should be more modest or her Conscience straighter laced , in this present , 83 , now she has gotten almost half a Hundred Years upon her Back ; and therefore this departing Gentleman , from the Standart he dies under , gives us very shrewd Suspicions of the Integrity of his Assertions . But to return to the Paper . Why this Villanous Reflection against his Majesty , for his Tardiness in granting the L. Howard a Converted Fanaticks Pardon ; when his trusting or forgiving those sly and not easily reconciled Enemies is the greatest Prudence of the Government ; which fresh Example of his Majesties late too hasty Pardon sufficiently testifies : when the Young Absalon in his late solemn and penitent Confession of his Conspiracy , with the humblest prostration at the Feet of the King & Duke , made only a Politick Incursion into the Court for the Prize and Booty of a Pardon , whilst the noblest Bounty and tenderest Mercy from the best and most indulgent of Kings , was only returned with the poorest of Artifices , and basest Ingratitude . From this he comes to debate upon the Papers said , ( as he calls it ) to be found in his Closet by the King's Officers ; and complains highly of the Injustice done ; first , by laying the Guilt of a Paper to his Charge , only upon the Similitude of a hand which may be counterfeit . But the main matter , ( and indeed a very great part of the whole Sheet is upon this string ) is the vindicating the Innocence of that Manuscript : and accordingly he sets down the several Heads of the Discourse contained in it , as not at all guilty of the least Treasonable Position ; but on the contray , in his own Opinion , the highest Arguments of Right-Reason : the whole Recital of which I shall not here trouble my self with , as being too immaterial here , as indeed they are all mal a propos , and impertinently urged there . For what signifies his recital of the heads of a Treatise , in defence of the Innocence of the whole Pamphlet , without mention of those particular Passages which the Jury adjudged Treasonable . If , as by his own Confession , those Topicks the Book treats upon , were harmless ; it does not at all follow , but dangerous and treasonable Methods may be laid down in it ; and that for the very obtaining even the fairest and most plausible Ends. I shall only repeat two Paragraphs of them . That the Right and Power of Magistrates in every Country was , That which the Laws of that Country , made it to be . That the Laws were to be observed , and the Oaths taken by them , having the force of a Contract between Magistrate and People , could not be violated , without danger of dissolving the whole Fabrick . Now , as blameless as this Discourse in his Thoughts may be , what does he infer from the danger of , Dissolving the whole Fabrick , upon the supream Magistrates violating of his Oath , but a licence for the People to rebel , to cause this Dissolution in revenge of that Violation . And then , if there can be that Pretence , whatever , to impower them to make such a Dissolution , it necessarily follows , thar the Soveraign Power is accountable to his Subjects for his Breach of Trust , and consequently the old High Court of Justice , or any other shorter cut to punish him , is the Right and Prerogative of the People . I shall not enlarge upon the Confutation of that damnable Principle , it being the subject of so many Pens already , & the very thought of it the abhorrence of every good Man and true Christian . For though undoubtedly there is not , nor can be a higher Obligation , on a Prince than to Rule by the Laws and defend the Rights of his Subjects ; yet upon the Breach of that Obligation , and the Invasion of those Rights , the Tribunal of God is the only place , where he must answer for it . Besides , if Monarchs were questionable , and consequently punishable by the People , let them produce their Law for such questioning , or such a Punishment : but if they can produce no such Law , 't is very hard , methinks , that those violent Magna Charta Blades , and Liberty and Property Men , that would rail downright at the whipping but of a Beggar , unless the Letter of the Law brings him to it , should notwithstanding , be for Judging , Condemning , nay , deposing a Monarch without it . But his greatest Grievance , and that which he calls the highest Extravigancy of his Prosecutors , is , that the Contents of that Treatise should be interpreted by them , as intended to stir up the People in Prosecution of the Designs of the Conspiracy , when nothing of Particular application unto Time , Place , or Persons could be found in it ( as has ever been done by those who endeavour to raise Insurrections ) all was supply'd by Innuendo's . Whatsoever is said of the Expulsion of Tarquin : the Insurrection against Nero ▪ the Slaughter of Caligula and Domitian , the translation of the Crown of France from Meroveus to Pepin ; and from his Descendants unto Hugh Capet , and the like is applyed by Innuendo unto the King. Now , why his Prosecutors should be arraigned in this Case , I cannot understand ; for if Treasonable Tenents were to be spread about in Pamphlets , to possess the People with a hatred of Kings ; they could have none but Fools or Madmen for their Authors , that would send 'um into the World bare-fac'd . The most hardy of all Conspirators , those that dayly trusted their Lives and Fortunes in the hands of trusty Titus and Will Bedlow's in so many hundred Plot-letters , durst hardly ever venture them abroad , without here and there a Cypher at least , as 48 for the King , and Barley-broth for the Parliament . And why so great a Treatise as this , designd no doubt for Publication should foolishly lay the scene at White-hall , and not more wisely at Tarquin's , or Nero's Court , I cannot apprehend . And if Treason under so transparent a Mask might walk abroad unquestioned , and the Authors unpunisht , we might quickly see Volumes of it . But to summ all , he says , that he was long since told , that he must dye , or the Plott must dye . Now I suppose , none of his Prosecutors told him so ; and if his own Party told him it , 't is very idly brought in here , as an Assertion of no Plot. His following Objection against his Jury as being packt , is so unreasonable , that 't is not worth a reprehension , and the objected want of Free-holders for Jury-men , a Constitution only intended to keep out Vagabonds from Juries , is so idle in the Case of a London Jury ; where the richest and substantialest Citizens , nay , often the very Maior and Sheriffs under that want , would be uncapable of being Jurors , that nothing can be more His other pretended Injustice , in the denial of a Copy of his Inditement , or the reading the Statute , I leave to the wisdom of the long Robe to decide . But to summ all : He says , By these means I was brought to this place . The Lord forgive those Practises and the Evils that threaten the Nation from them . The Lord sanctifie these my Sufferings unto me , and though I fall as a sacrifice to Idols , suffer not Idolatry to be Establsht in the Land. Here the Lord Russell is quite out-shot , for his Popery was but pouring in upon us , but here the Banks are broken , and 't is already overflowing whilst his being a sacrifice to Idols , implies he falls by the hand of Rome , and so the King Government and Judges , a●e all the hands and limbs of the Beast already : only he prays it may never be Establisht . And what 's all this , but that the Whore of Babylon has invaded the Throne , and only wants the Ceremony of Installment and Coronation , to confirm her Absolute Dominion . Next he goes on . Bless thy People and save them , Defend thy own cause , and those that defend it . Stir up such as are faint . Direct those that are willing . Confirm those that waver . Give wisdom and Integrity to all . Order all things so as may most redound to thy own Glory , &c. which a little more at length is , Bless thy People and save them , viz. Thy chosen People , that set up Order by Confusion , Religion by Schism , and Reformation by Desolation . Defend the Cause of a Christian Rebellion against an Antichristian Monarchy . Stir up such as are faint , and dare not hazard their Necks in so Illustrious a Cause . Direct those that are willing to venture Souls and Bodies . Confirm those that waver betwixt a scotch Covenant and an English Oath of Allegiance . Give wisdome to all Republick Counsels , and Integrity to all faithful Associators , and order all things so as may redound most to thy own Glory , when we shall Bind their Kings in Chains and their Princes in Fetters of Iron . And that all this is the plain and Genuine sense of his Prayer , the following Clause without Discant or Addition will egregiously demonstrate : for he concludes , Grant that I may dye glorifiing Thee for all thy Mercies , and that at the last , Thou hast permitted me to be singled out as a Witness of thy Truth ; and even by the Confession of my Opposers for that Old Cause in which I was from my Youth engaged , and for which Thou hast often and wonderfully declared thy self . For my part , I can no way match this dying Gentleman , but in the Courage of some of the old King's Regicides Executed at Charing Cross , Here the Good Old Cause is expresly asserted , even on the Scaffold , nay , and made no less than the very Shibboleth of GOD. The often and wonderful Successes of a once prosperous Rebellion , and consequently Blood and Sacriledge , the destruction of the Protestant-Church , and the solemn Murder of the best of Kings , made no less than the Miraculous Work of the Almighty Hand , and the distinguishing Declaration of Heaven it self . Insomuch , that there wanted only to this farewell Paper and the Prodigy of Infatuations in this departing Enthusiast to have made his Exit like a perfect second Harrison , to have had him bequeath'd the keeping of his Execution-Coat , as the other did his Velvet-Jump , for his own wearing again after his Third-days Resurrection from the Grave . This unhappy Paper of his , has truely show'd , he dies with the sublimest Transports , and boldest Resolution of a Pseudo-Protestant Souldier : but alas ! without the Conduct of a Machivilian . For this foolish piece of Scribble has quite destroyed the very Foundation of the whole Party . With what a full-mouth'd Out-cry did the whole Brotherhood abhor , so much as the Imagination of a Common-wealth , or the least Thought against Monarchy . How Capital was it , even during the Sessions of three or four Parliaments , to pretend the least resemblance or tendency of Eighty and Eighty One to Forty , and Forty one . Nay , did not the most violent of the Commons themselves , the very loudest Beagles of Shaftsbury , totally run down all the old Sham-pretences of Popery , and all Republick Machinations whatever . Yes , and did not the very City it self in their memorable Petition to his Majesty , in express terms renounce and abjure all Common-Wealth Principles : and that very Abjuration universally upheld all along to this day ? But this unpolitick Gentleman has very unfortunately pull'd off the whole Vizard : has joyn'd the pieces of the Snake together again , and made the present true Protestant Zeal , as a Branch of the Old Cause , no less than a continued Link of the old Chain of Rebellion : nay , and not only avow'd it his own Tenent alone , but offer'd up his Prayers for the People , and the whole Faction under all Classes , the Faint , the Willing , and the Wavering ; and given them his own dying Benediction , no otherwise than as the Disciples of the same Belial . LONDON , Printed for W. C. and are to be sold by W. Davis in Amen-Corner . 1683. FINIS . 
A63092	----	Treason in graine that most traiterous, or libel of Fitz-harris, whereby he design'd to raise a rebellion amongst us the better to make way for a French invasion, and our utter destruction, as it was read in both Houses of Parliament at Oxford, and upon which the House of Commons impeached him of high treason. Falsly and malitiously called by him, the true English-man speaking plain English, in a letter from a friend to a friend. Fitzharris, Edward, 1648?-1681. 1682 Approx. 13 KB of XML-encoded text transcribed from 4 1-bit group-IV TIFF page images. Text Creation Partnership, Ann Arbor, MI ; Oxford (UK) : 2008-09 (EEBO-TCP Phase 1). A63092 Wing T2076A ESTC R222384 99833563 99833563 38040 This keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the Early English Books Online Text Creation Partnership. This Phase I text is available for reuse, according to the terms of Creative Commons 0 1.0 Universal . The text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. Early English books online. (EEBO-TCP ; phase 1, no. A63092) Transcribed from: (Early English Books Online ; image set 38040) Images scanned from microfilm: (Early English books, 1641-1700 ; 2180:2) Treason in graine that most traiterous, or libel of Fitz-harris, whereby he design'd to raise a rebellion amongst us the better to make way for a French invasion, and our utter destruction, as it was read in both Houses of Parliament at Oxford, and upon which the House of Commons impeached him of high treason. Falsly and malitiously called by him, the true English-man speaking plain English, in a letter from a friend to a friend. Fitzharris, Edward, 1648?-1681. 4 p. s.n., [London? : 1682] Caption title. Imprint from Wing. Creased; some print show-through. Reproduction of the original in the British Library. Created by converting TCP files to TEI P5 using tcp2tei.xsl, TEI @ Oxford. Re-processed by University of Nebraska-Lincoln and Northwestern, with changes to facilitate morpho-syntactic tagging. Gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. EEBO-TCP is a partnership between the Universities of Michigan and Oxford and the publisher ProQuest to create accurately transcribed and encoded texts based on the image sets published by ProQuest via their Early English Books Online (EEBO) database (http://eebo.chadwyck.com). The general aim of EEBO-TCP is to encode one copy (usually the first edition) of every monographic English-language title published between 1473 and 1700 available in EEBO. EEBO-TCP aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the Text Encoding Initiative (http://www.tei-c.org). The EEBO-TCP project was divided into two phases. The 25,363 texts created during Phase 1 of the project have been released into the public domain as of 1 January 2015. Anyone can now take and use these texts for their own purposes, but we respectfully request that due credit and attribution is given to their original source. Users should be aware of the process of creating the TCP texts, and therefore of any assumptions that can be made about the data. Text selection was based on the New Cambridge Bibliography of English Literature (NCBEL). If an author (or for an anonymous work, the title) appears in NCBEL, then their works are eligible for inclusion. Selection was intended to range over a wide variety of subject areas, to reflect the true nature of the print record of the period. In general, first editions of a works in English were prioritized, although there are a number of works in other languages, notably Latin and Welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so. Image sets were sent to external keying companies for transcription and basic encoding. Quality assurance was then carried out by editorial teams in Oxford and Michigan. 5% (or 5 pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet QA standards were returned to the keyers to be redone. After proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of 100 instances per text. Any remaining illegibles were encoded as <gap>s. Understanding these processes should make clear that, while the overall quality of TCP data is very good, some errors will remain and some readable characters will be marked as illegible. Users should bear in mind that in all likelihood such instances will never have been looked at by a TCP editor. The texts were encoded and linked to page images in accordance with level 4 of the TEI in Libraries guidelines. Copies of the texts have been issued variously as SGML (TCP schema; ASCII text with mnemonic sdata character entities); displayable XML (TCP schema; characters represented either as UTF-8 Unicode or text strings within braces); or lossless XML (TEI P5, characters represented either as UTF-8 Unicode or TEI g elements). Keying and markup guidelines are available at the Text Creation Partnership web site . eng Fitzharris, Edward, 1648?-1681 -- Early works to 1800. Treason -- England -- Early works to 1800. 2006-12 TCP Assigned for keying and markup 2006-12 Apex CoVantage Keyed and coded from ProQuest page images 2007-02 John Latta Sampled and proofread 2007-02 John Latta Text and markup reviewed and edited 2008-02 pfs Batch review (QC) and XML conversion Treason in Graine : That Most TRAITEROUS , OR LIBEL OF FITZ-HARRIS , Whereby he design'd to raise a Rebellion amongst us the better to make way for a French Invasion , and our utter destruction , as it was read in both Houses of Parliament at Oxford , and upon which the House of Commons Impeached him of High Treason . Falsly and Malitiously called by him , The True English-man speaking plain English , in a Letter from a Friend to a Friend . I thank you for the Character of a Popish Successor which you sent me , wherein our Just fears , and the grounds of them , are justly set out . But I am in greater fear of the present Possessor , why do we frighten our selves about the Evil that is to come , not looking to that which is at hand ? We would cut off the Budding Weeds , and let the Poysonous Root lye still ; we would stop the Channel of our Evils , and let the Fountain still run : My meaning is this , can Pylades Know and Act all these Bloody Conspiracies , and not impart them to his dear Orestes ? if James be Conscious and Guilty , Charles is so too : Believe me , these two Brethren in Iniquity , they are in Confederacy with Pope and French to introduce Popery and Arbitrary Government , as all their Actions demonstrate : the Parliament , Magna Charta , and Liberty of the Subject are as heavy Yoaks which they would cast off to be as absolute as their Br. of France ; and if this can be proved to be their only aim and endeavor , why should not every True Britain be a Quaker thus far ? Let the English rise , and move as one Man to self defence , to open Action , and fling off their intollerable Riders . Blow the the Trumpet , stand on your Guard , and withstand them as Bears and Tygers , And since there can be no trust given to this goodly couple of Popish Brethren , nor no relief expected from a Parliament ; Trust to your Swords in defence of your Lives , Laws , Religion and Properties , like the stout Earl of Old , who told a King that if he could not be defended by Magna Charta , he would be relieved by Longa Spada . Yet to convince the World that this Scottish Race is Corrupt Root and Branch , and Popish from the very beginning , be pleas'd to consider these reasons following . The Grand-father of these Men , James the Scot , was of no Religion at the bottom , but entred by a pretence of a Sham-plot of the Papists against his Life , whilst really he collogued with the Popish Party under hand ; h●s Mother , his Kindred with great Submission , yet afterwards thinking it for h●s purpose to Cajole the Parliament , and write against the Pope and Cardinals , he sends a Scots Bird to blind the Eyes of the Vatican Keeper with Money , and to steal his Letters from off the Roman File , and then he crowes as boldly as an unsuspected Harlot for the Protestant Religion and Interest . That Man's Son Charles the First , held a Secret Correspondency with the Pope , calling him his Dear and Holy Father , as is to be seen in his Letters recorded in Rushworth's Collections : Were not his Wife and Courtiers Papists ? Did he not countenance and promote the Rebellion in Ireland ? As the Irish Grandees and his very Commissions testifie and declare , was there not a Popish Plot , and an Universal Conspiracy of the Papists discovered to him and his Confessor Laud , and did they not piously stifle it lest they should have discovered the Nakedness of their Mother Church ? Whilst that goodly Protestant Prince pretended to relieve the poor besieged Protestants at Roshel by his confident Buckingham , did he not hold Correspondency with the French Cardinal how to betray them for a Summ of Money ( which his obstinacy with his Parliament made him stand in need of . ) But they who so ill approved themselves to be Heads of the Protestant Church , Charles and Laud , did they not loose their own Heads by a manifest Judgment of God ? And was not the false heart of their Emissary Buckingham , found out by an Assassins Knife ? But to come nearer to our purpose , these two goodly Imps of our days are stark naught ; arrived at the heigth of Wickedness , and of professed Arbitrariness and Popery . As for James , he was a Papist whilst he had a Regiment in the French , and afterwards in the Spanish Service beyond Seas . And as for Charles , he was reported , e're he came into England , to have been reconciled to the Church of Rome in one of the French Kings Country Houses ; and since they came in , how have they wheedled and played fast and loose , in their profession of Religion as occasion and their Affairs requir'd ? Have they not all along maintained Secret Correspondency with France and Rome ? As Colemans Letters may sufficiently instruct such who have not seen more Secret Memories . But let us come to Examine their Actions which are a better proof of their hearts , were not the Dukes Servants and Confidents all Papists ? Witness his Talbots , Patricks and other Irish Teags , were not the Duke and such of his Creatures as were known Papists promoted to all publick Offices of trust both at Sea and Land ? Witness Bellasis now a Traytor in the Tower , did not James by Coleman , Throgmorton and others , hold open Correspondency with the Pope and Cardinals ? and could Charles be Ignorant of all this ? Nay he lik'd all so well , that he hardly employed any about him but Papists , as Clifford whom he made Treasurer ; or employed any abroad but Persons of the same stamp , Witness Godolphin whom he sent Embassador into Spain , as he did others elsewhere , what more obvious than that though the Duke's Treachery against the Kingdom and Protestant Religion be fully made out , and the People and Parliament seek to bring him to a Legal Tryal , yet Charles obstructs Justice , and will not suffer it ? How can this be , but that he is joyned in Will and Deed in all the Dukes Villanies , and that he is afraid to be discovered and found out to be a Papist , and a betrayer of his People and the Protestant Religion . If he was heartily concerned for our Religion , would he not oppos 〈…〉 cessor , who will Infallibly overthrow it ? Can there be any thing more ●●●●●●t than that he continues the Dukes adherents , and those who were advanced by him , in all Offices of Trust ? And hath he not turn'd out of his Councel the most Zealous Protestants , such as Shaftesbury , Essex and others , and introduced in their Rooms other meer Tools , or those that are Popishly and Arbitrarily affected ? Hath he not modell'd all the Sheriffs and Justices throughout England in subserviency to a Popish Design ? Was not Sir William Waller and Dr. Chamberlain , and divers others turn'd out of the Commission in and about London , meerly for being Zealous Prosecutors of Priests and Papist● ? Doth not Charles all he can to hinder the further detection of the Popish Plot ? And doth he not to his utmost discountenance the Discoverers of it , and suffer them to want Bread ? And doth he not in the mean time plentifully encourage and reward Fitz-Gerald and all the Sham-plotters ? Whereas Dangerfield had 8 l. a Week whilst a Forger of Plots against the Protestants , he is cast off with scorn and in danger of his life since he laid open the Popish Engineers . Is not Ch. so much in love with his Popish Irish Rebels ( therein treading in his Fathers steps ) that he promotes Montgarret ( Carlingford , Fitz Patrick and others who were the Heads of the Rebellion , to Honors and Preferment , though Charles took the Covenant and a Coronation Oath to preserve the Protestant Religion , yet hath he not palpably broken them ? He made large promises and protestations at Breda for the allowing a perpetual Liberty of Conscience to Non-conforming Protestants , but he soon forgot them all : To what end was the Act which was made soon after his restoration , prohibiting any to call him P●… or to say he Popishly enclin'd , and rend●●●g such as should offend Ge●●ry of a premu●ire , but to stop the Peoples Mouthes when ever he should Act any thing in Favor of Popery as he was then resolved to do ? Is it not manifest therefore , that Scotch Oaths , Breda promises , Protestant Profession , liberty of Conscience , War with France , saving of Flanders is all in Jest to delude Protestant Subjects ? Is it not apparent that breaking of Leagues , Dutch Wars , Smirna Fleet , French measures to favor their Conquests , loss of Ships , War in Christendom , Blood of Protestants , reprieving of Popish Traitors , is all in earnest , and done in Favor of Popery ? And are not his fa●r Speeches , his true Protestant Love to Parliaments Just rights , and English Liberties , his pretended Ignorance of the Plot , and his Hanging of Traytors to serve a turn , but in meer jest ? Are not his great Debaucheries , his Whoring Courtiers , Popish Councels , cheating Rogues , Hellish Plottings , his saving of Traytors , his French Pensioners , his Nests of Whores and Swarms of Bastards , his Macks , his Cut-Throats , his Horrid Murderers , his Burning of London and the Provost's house too , his Sham-plotting , his suborn'd Villains , his Popish Officers by Sea and Land , his Struglings for a Popish Successor , his agreements with France , his frequent Dissolutions of Parliaments , his buying of Voices , his false returns all of them designs to ruine us in good earnest , and in favor of Arbitrary Government ? And is it not in order to this Ble●●●d end that you see none Countenanced by Charles and James , but Church Papists , betraying Bishops , Tantivy abhorrers , barking Touzers , Popish Scriblers to deceive the People and fix the Popish Successors Illegal Title ? Are not Jesuits Councels , French Assistance to conquer Ireland , subdue Scotland , winn Flanders , beat the Dutch , get their Shipping , be Masters of the Seas ? And are not facing a Rebellion , the letting the Plot go on , the endeavoring to retrieve the Popish C●use by getting a Popish pentionary , abhorring Parliaments , who shall betray their Country , enslave posterity and destroy themselves at last , means only to save a Popish Traiterous Successor , and a present Popish Possessor ? James and Charles are Brethren in Iniquity , corrupt both in root and branch , and who study to enslave England to a French and Romish Yoke , is not all this plain ? Have you not Eyes , Sense or Feeling ? Where is the Old English Noble Spirit ? Are you become French asses to suffer any load to be laid upon you ? And therefore if you can get no remedy from this next Parliament ( as certainly you will not ) and if Charles doth not repent and comply with it , then up all as one Man. O brave English Men , look to your own defence e're it be too late ; rouze up your Spirits , remember your Predecessors , remember how that the asserting of their liberties , justified both by success and Law , the War of the Barons against wicked Councellors who misled the King , And will you now let that go which cost them so dear ? How many oppressing Kings have been deposed in this Nation , as appears in Records referr'd unto in that worthy Patriots History of the Succession ; were not Rich. 2● . And Hen. 6. both laid aside , not to mentio● others , and was there ever such a King as this of ours ? was not K. John. deposed for going about to imbrace the Mahometam Religion , and for entring into a league with the K. of Morocco to that purpose ? Though Mahometarism and the K. of Morocco , were no such Enemies to our rights and liberties as Popery and the French King are . Is it not time then that all should be ready ? Let the City of London stand by the Parliament for the maintaining of their Liberties and Religion in an extream way , if Parliame●●ary ways be not consented unto by the King , let the Counties be ready to enter into an Asso●iation , as the County of York did in H. 
A63147	----	The tryal and condemnation of Mr. Will. Staley for high-treason, at the Kings-Bench-Bar at Westminster, on Thursday the 21st of Nov. 1678 who was there condemned to be hang'd, drawn, and quarter'd for speaking of desperate, malicious, and treasonable words against the Kings most excellent majesty : with the particular evidence given against him, the defence he made for himself, and all other material circumstances. Staley, William, d. 1678. 1678 Approx. 7 KB of XML-encoded text transcribed from 5 1-bit group-IV TIFF page images. Text Creation Partnership, Ann Arbor, MI ; Oxford (UK) : 2006-06 (EEBO-TCP Phase 1). A63147 Wing T2146 ESTC R462 12126646 ocm 12126646 54621 This keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the Early English Books Online Text Creation Partnership. This Phase I text is available for reuse, according to the terms of Creative Commons 0 1.0 Universal . The text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. Early English books online. (EEBO-TCP ; phase 1, no. A63147) Transcribed from: (Early English Books Online ; image set 54621) Images scanned from microfilm: (Early English books, 1641-1700 ; 900:25) The tryal and condemnation of Mr. Will. Staley for high-treason, at the Kings-Bench-Bar at Westminster, on Thursday the 21st of Nov. 1678 who was there condemned to be hang'd, drawn, and quarter'd for speaking of desperate, malicious, and treasonable words against the Kings most excellent majesty : with the particular evidence given against him, the defence he made for himself, and all other material circumstances. Staley, William, d. 1678. 8 p. Printed for R.G., London : 1678. Reproduction of original in Huntington Library. Created by converting TCP files to TEI P5 using tcp2tei.xsl, TEI @ Oxford. Re-processed by University of Nebraska-Lincoln and Northwestern, with changes to facilitate morpho-syntactic tagging. Gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. EEBO-TCP is a partnership between the Universities of Michigan and Oxford and the publisher ProQuest to create accurately transcribed and encoded texts based on the image sets published by ProQuest via their Early English Books Online (EEBO) database (http://eebo.chadwyck.com). The general aim of EEBO-TCP is to encode one copy (usually the first edition) of every monographic English-language title published between 1473 and 1700 available in EEBO. EEBO-TCP aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the Text Encoding Initiative (http://www.tei-c.org). The EEBO-TCP project was divided into two phases. The 25,363 texts created during Phase 1 of the project have been released into the public domain as of 1 January 2015. Anyone can now take and use these texts for their own purposes, but we respectfully request that due credit and attribution is given to their original source. Users should be aware of the process of creating the TCP texts, and therefore of any assumptions that can be made about the data. Text selection was based on the New Cambridge Bibliography of English Literature (NCBEL). If an author (or for an anonymous work, the title) appears in NCBEL, then their works are eligible for inclusion. Selection was intended to range over a wide variety of subject areas, to reflect the true nature of the print record of the period. In general, first editions of a works in English were prioritized, although there are a number of works in other languages, notably Latin and Welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so. Image sets were sent to external keying companies for transcription and basic encoding. Quality assurance was then carried out by editorial teams in Oxford and Michigan. 5% (or 5 pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet QA standards were returned to the keyers to be redone. After proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of 100 instances per text. Any remaining illegibles were encoded as <gap>s. Understanding these processes should make clear that, while the overall quality of TCP data is very good, some errors will remain and some readable characters will be marked as illegible. Users should bear in mind that in all likelihood such instances will never have been looked at by a TCP editor. The texts were encoded and linked to page images in accordance with level 4 of the TEI in Libraries guidelines. Copies of the texts have been issued variously as SGML (TCP schema; ASCII text with mnemonic sdata character entities); displayable XML (TCP schema; characters represented either as UTF-8 Unicode or text strings within braces); or lossless XML (TEI P5, characters represented either as UTF-8 Unicode or TEI g elements). Keying and markup guidelines are available at the Text Creation Partnership web site . eng England and Wales. -- Court of King's Bench. Trials (Treason) -- England. Treason -- Great Britain. 2006-01 TCP Assigned for keying and markup 2006-01 Aptara Keyed and coded from ProQuest page images 2006-02 Mona Logarbo Sampled and proofread 2006-02 Mona Logarbo Text and markup reviewed and edited 2006-04 pfs Batch review (QC) and XML conversion THE TRYAL and CONDEMNATION OF Mr. Will. Staley FOR High-Treason , AT The Kings-Bench-Bar At WESTMINSTER , On Thursday the 21 st of Nov. 1678. Who was there Condemned to be Hang'd , Drawn , and Quarter'd for speaking of Desperate , Malicious , and Treasonable Words against the Kings most Excellent Majesty . With the particular Evidence given against him , the Defence he made for himself , and all other material Circumstances . LICENSED , 1678. LONDON : Printed for R. G. 1678. THE Tryal and Condemnation OF Mr. Will. Staley A PAPIST . THis Person that now received Tryal , was by Trade a Goldsmith , and by Profession , as to Religion , a Papist . He had been bred a considerable part of his time beyond the Seas , and there , 't is fear'd , by too much familiarity with the Jesuits , had imbib'd some of their desperate Principles . The Sum of the matter upon proof against him , appeared to be thus : Three Gentlemen that by their Garb , Behaviour , and testimony of divers that knew them , appeared to be Persons of Worth and unreproachable Credit , gave Evidence against him , That upon the fourteenth day of this instant November , they being at a Cooks shop in the Parish of St. Gileses , the Prisoner at Bar was with another man in a Room opposite to that they were in ; and the door being open , they had a perfect sight of the Prisoner , and were not above eight foot or thereabouts distant from him , when they stood at their door : And that the Prisoner being discoursing with the old man that was with him , the old man said in French , That the King of England was a great Persecutor or Tormentor of the people of God ( meaning , as we must understand , Papists ) . In answer to which , the Prisoner at Bar , stamping with his foot several times , and appearing to be in passion , said ( likewise in French ) words too insolent and malicious to be repeated and translated . And ( stretching forth his Arm , and then clapping his Hand on his Breast ) speaking of His Sacred Majesty , said , I my self will kill him . And that afterwards they heard him say , That the King and Parliament thought the business ( meaning the Plot ) was over , but the Rogues ( so this Villain was pleased to call them ) were mistaken . Two of these three Gentlemen well understood French , but the third did not : however , the other two at the same instant express'd their Loyalty , by telling him , with much commendable Zeal , that the person in the next Room spoke most detestable Treason , and that they could not endure to hear it , repeating the sense of their words in English : And as for the words Le Roy d'Angleterre , though he understood not the Language , now deposed , he perfectly heard as well as they . But none of the three at that time knowing the now Prisoner , nor having to their knowledg ever seen him before , and he with his Companion just upon speaking the aforesaid words , being about going , one of the Witnesses watcht him to the place where he went unto , being his Father's House , and upon enquiry learn'd his name , &c. That next morning they came thither , and upon colour of buying something , carried him to the Cross-keys Tavern over against his Dwelling ; where they staid three hours or thereabouts , whilst one of them went to seek , and could not in all that time procure a Constable , because he had no Warrant from a Justice . But having at last got some from the Guard at White-hall , and a Constable , they seiz'd him ; and after Examination , he was committed first to the Gatehouse , and afterwards sent to Newgate ; from whence he was now with a strong Guard conducted , having on the day before been Arraigned . He had the honour to have a most worthy Jury , most of them Knights and Squires , all Gentlemen of Quality : Nor had ever man a more fair and equal Hearing ; but the Defence that he made was frivolous ; sometimes alledging that the distance between him and the Witnesses was greater , yet owned that the Door was not shut . He also much insisted that they mistook the French words he spoke ; and whereas they rendred it in English , I my self would kill him , he affirmed that he meant and said , I would kill my self . But as well the Witnesses testimony , as the sense of the foregoing and subsequent Discourse took off that evasion . He further pretended that the Old man ( whom he said was one of his Workmen ) did not speak French , but a Jargon , or kind of Italian ; but the two Witnesses being questioned to that , absolutely disproved it , affirming what was then spoken was French , and that they well understood it ; and several times repeated the very words both French and the English thereof in Court. And besides , though it was asserted that the Prisoner was offered to have what person he had occasion for summoned to attend at his Tryal ; and that a Gentleman was so kind , as to go to the Prisoners Fathers House with a note of several persons names that he ●●sired should appear on his behalf ; among●●●hom was the aforesaid Old man that was with him at the time of speaking the Words , and notice was given thereof to one of their Agents ; yet the aforesaid Old man , who it seems was a kind of Italian , did not think fit to appear ; so that upon a full discussion of all that the Prisoner had to say , the Crime appeared so evidently proved , upon the Statute made in the Reign of our present Soveraign for the preservation of his Royal Person , that without withdrawing from the Bar , the Jury found him Guilty , and accordingly he forthwith received Sentence to be Drawn and Hang'd , his Bowels Burnt , his Body to be Quartered , and disposed on the City Gates , &c. FINIS . 
A63336	----	A true account of the proceedings against John Ayloff, and Richard Nelthorp Esquires at the King's-Bench-Bar Ayloffe, John, d. 1685. 1685 Approx. 10 KB of XML-encoded text transcribed from 3 1-bit group-IV TIFF page images. Text Creation Partnership, Ann Arbor, MI ; Oxford (UK) : 2003-01 (EEBO-TCP Phase 1). A63336 Wing T2390 ESTC R516 12126696 ocm 12126696 54623 This keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the Early English Books Online Text Creation Partnership. This Phase I text is available for reuse, according to the terms of Creative Commons 0 1.0 Universal . The text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. Early English books online. (EEBO-TCP ; phase 1, no. A63336) Transcribed from: (Early English Books Online ; image set 54623) Images scanned from microfilm: (Early English books, 1641-1700 ; 900:28) A true account of the proceedings against John Ayloff, and Richard Nelthorp Esquires at the King's-Bench-Bar Ayloffe, John, d. 1685. Nelthorpe, Richard, d. 1685. 4 p. Printed by D. Mallet, London : 1685. Reproduction of original in Huntington Library. Caption title. Imprint taken from colophon. Created by converting TCP files to TEI P5 using tcp2tei.xsl, TEI @ Oxford. Re-processed by University of Nebraska-Lincoln and Northwestern, with changes to facilitate morpho-syntactic tagging. Gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. EEBO-TCP is a partnership between the Universities of Michigan and Oxford and the publisher ProQuest to create accurately transcribed and encoded texts based on the image sets published by ProQuest via their Early English Books Online (EEBO) database (http://eebo.chadwyck.com). The general aim of EEBO-TCP is to encode one copy (usually the first edition) of every monographic English-language title published between 1473 and 1700 available in EEBO. EEBO-TCP aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the Text Encoding Initiative (http://www.tei-c.org). The EEBO-TCP project was divided into two phases. The 25,363 texts created during Phase 1 of the project have been released into the public domain as of 1 January 2015. Anyone can now take and use these texts for their own purposes, but we respectfully request that due credit and attribution is given to their original source. Users should be aware of the process of creating the TCP texts, and therefore of any assumptions that can be made about the data. Text selection was based on the New Cambridge Bibliography of English Literature (NCBEL). If an author (or for an anonymous work, the title) appears in NCBEL, then their works are eligible for inclusion. Selection was intended to range over a wide variety of subject areas, to reflect the true nature of the print record of the period. In general, first editions of a works in English were prioritized, although there are a number of works in other languages, notably Latin and Welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so. Image sets were sent to external keying companies for transcription and basic encoding. Quality assurance was then carried out by editorial teams in Oxford and Michigan. 5% (or 5 pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet QA standards were returned to the keyers to be redone. After proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of 100 instances per text. Any remaining illegibles were encoded as <gap>s. Understanding these processes should make clear that, while the overall quality of TCP data is very good, some errors will remain and some readable characters will be marked as illegible. Users should bear in mind that in all likelihood such instances will never have been looked at by a TCP editor. The texts were encoded and linked to page images in accordance with level 4 of the TEI in Libraries guidelines. Copies of the texts have been issued variously as SGML (TCP schema; ASCII text with mnemonic sdata character entities); displayable XML (TCP schema; characters represented either as UTF-8 Unicode or text strings within braces); or lossless XML (TEI P5, characters represented either as UTF-8 Unicode or TEI g elements). Keying and markup guidelines are available at the Text Creation Partnership web site . eng England and Wales. -- Court of King's Bench. Trials (Treason) -- England. Treason -- Great Britain. 2000-00 TCP Assigned for keying and markup 2001-09 SPi Global Keyed and coded from ProQuest page images 2002-06 Kirk Davis Sampled and proofread 2002-06 Kirk Davis Text and markup reviewed and edited 2002-07 pfs Batch review (QC) and XML conversion A TRUE ACCOUNT , OF THE PROCEEDINGS AGAINST Iohn Ayloff , AND Richard Nelthorp Esquires AT THE King's-Bench-Bar , On the 27 th . of October , 1685. Relating to their award of Death , upon their being Out-Lawed for HighTreason , in conspiring the Death of his late most Sacred Majesty , Charles the Second of Ever Blessed Memory : Together with their Behaviour , Confession , and Manner of Execution on the 30 th . of October , in the year aforesaid : On which day , Richard Nelthorp was executed on a Gibbet Erected at Greys-Inn-Gate in Holbourn , and Iohn Ayloff on a Gibbet Erected at Chancery-Lane End in Flee●●street : Both Quartered as in Case of High-Treason . SUch are the horrid crimes of Treason and Murder , that by daily experience we see they seldom go unpunished even in this life : The Wise man gives wholsome advice when he fore-warns men to take heed they do not curse the King , altho' it be in their secret Chambers , lest the Fowles of the Ayr make discovery thereof : much more ought men to Tremble at the thoughts of any undertaking against the life of God's Vicegerent . It is a horrid murder for a private man to compass the Death of his Father ; and much more horrid the Father of his Country ; for altho' , men may think to flee out of one Country into another , and secure themselves from the vengeance due to such crimes , yet Providence so orders it , that those very methods they take for their security , commonly brings them to Justice , as we have a fresh Example of the persons now brought thereto . Iohn Ayliff and Richard Nelthorp Esquires ; men whose Education is against them and who were not Ignorant of the Law ; yet having once violated the same , by joyning in the horrid Conspiracy against the life of the mercifulest of Kings , his late Majesty of ever blessed memory , his present M●jesty , the utter subversion of the Government , &c. They were not content , by fleeing from Justice to live in contempt of the of the Law , but to imploy that time God permitted for their Repentance , in the enterprize of fresh Treasons against his most sacred Majesty that now is . Iohn Ayloff took his lot with the late Earl of Argyle setting up for one of the Rulers of the Scotch Commonwealth , and after the design was blasted , and he amongst others taken , the sence of his Guilt run him forthwith upon the Rock of Despair , by laying violent hands upon himself , and with a Pen-Knife or other Instrument which he carried about him he rips up his own belly as far as Nature would suffer him ; but God in Mercy to his Soul , so ordered it , that he did not Dye thereof , but after a long illness Recovered , and was with others of those traytors brought for England , and soon after committed to Newgate , where he remained Eight or Ten Weeks . Rich. Nelthorp , a Person brought up to the Law , but leaving that Study engage d in the R●e-house conspira cie and with the said Ayloff be●●● since attainted by Out-Lawry of High-Treason , was of those who came over with the late Duke of Monmouth● and one of the principal Captains in that Western Rebellion . Soon after the deseat of the Rebels , being taken and committed to some Goal in the West Country , was from thence brought to Newgate , where his Crimes had little better Effect ( then the other in Scotland ) behaving himself for sometime like a Person destracted , and very impatient under the sufferings which his Treason had brought upon him . On Monday the 26 th . of October , 1685 Upon the motion of the King's Council , a Habeas Corpus was granted , to bring up these two Criminals to the King 's - Bench-Bar at VVestminster , and being accordingly on Tuesday the 27 th . Ditto , brought up by the Keeper of Newgate to the said Bar. The Lord Chief Justice Herbert , and the other Judges of that Court sitting on the Bench. First , Mr. Ayloff was called to hold up his hand , and told that he had been Indicted by the Name of Iohn Ayloff late of London Esq for High-Treason in conspiring the Death of his late Majesty , the subversion of the Government &c. That he had thereupon been Out-Law'd , and stood attainted of High-Treason , was therefore askt what he had to say why Judgment should not be awarded , for him to dye according to Law. To which Mr. Ayloff at first replyed he had been out of the Land and did not know of it , at last said , that he had seen or heard only of a printed Tryal of Captain Walcot , wherein Mr. West had made some mention of him ; but he desired to know what was sworn against him by the Witnesses . Then the same Method being used to Mr. Nelthorp , he answered very little , only said he had not conspired the Death of the King. After that , the Lord Chief Justice in an Excellent Speech , declaring that it was no hard case for Traytors to be Executed upon an Out-lawry , and how inexcusable they of all men were , who had not only fled from Justice , deprived themselves of a Tryal , by standing in contempt of the Law , but ingaged since in other Treasons and Rebellions ; his Lordship also giving them divers Christian admonitions to improve the short time they had left for the good of their Immortal Souls . In conclusion told them , that nothing remained for that Court but to award Judgment upon the Out-lawries . And a Rule was made for their Execution on Fryday the 30th day of the said Moneth , as in Cases of High Treason . Mr. Ayloff then desired he might have the liberty of his Friends coming to him , and the same being granted , provided it was in the presence of a Keeper , they were remanded to Newgate . On Thursday the 29th Ditto , one of his Majesties Council moved the Court of Kings Bench , that whereas a Rule was made for the Execution of the said Iohn Ayloff and Richard Nelthorp as the next day ; for a more publique Example , one of them , viz. Ayloff might be Executed over against the Temple Gate in Fleet-street , and Nelthorp against Grayes Inn in Holborun , to which Inns of Courts they did formerly belong when they Studied the Law ; and the Court ordered it to be done accordingly . Pursuant to which Rules of Court on Fryday the 30th Ditto about ten in the Forenoon , first Richard Nelthorp was drawn from Newgate on a Sled , to a Gibbet erected over against Grayes Inn Gate ; he had on a Black Sute , and two in Black Habit went by the Sled , viz. on each side one . After it followed an Elderly Person also in Mourning , he was but a short time at the Gibbet before Executed , he spoke to several that were near him with a seeming cheerfulness , Praying also with great earnestness , and to appearance at this last moment of his Life submitted with greater patience to the punishments which his Treasonable practices had brought upon him , then he did during his Imprisonment ; very readily , addressing himself to undergo the Sentence which the Law had pronounced . He had on a Whlte Sattin Cap over a Linnen one , and himself helped to pull it down over his Face . Being turned off , he Hanged the usual time , and then was Quartered , &c. Iohn Ayloff , by some called Col. Ayloff , according to the Rule of Court made for his Execution , was delivered by the Keeper of Newgate , on the 30 th . of October to the Sheriffs of London and Middlesex , between Ten and Eleven in the Morning ; when being put into a Slead ; he was conveyed through the Old-Bayly and Fleet-street to a Gibbet Erected between Chancery-Lane End , and one of the Temple Gates , where upon his arrival being in the Slead , he confessed that he was in the Rebellion raised by Argile in Scotland , and was Conscious of the late Conspiracie , that he suffered justly and deservedly , praying for the King , and desiring the Prayers of all people , but more especially of those that were spectators ; after which and the like Expressions , he came out of the Slead , again , and desired God to bless all present , lifting up his hands and Eyes towards heaven , when looking upon the Gibbet he ascended , and in ascending , repeated his Prayers for the People , praying to God to keep them in the right way of Loyalty and Obedience , &c. and to preserve the Protestant Religion ; being ascended , he prayed a while to himself , and turning at the request of the Executioner , his Back to the Ladder ; he said that he was now willling to dye , but bid the Executioner not to turn him off till he gave notice ; the signal being the lifting up his hands ; when being bid to go somewhat lower on the rounds of the Ladder , the sooner to put him out of his pain , when turned off , he after having prayed a while , said he was ready , biding the Executioner turn him off , which was accordingly done , when having hang'd about half an hour ; he was cut down and quarter'd according to Sentence , and his Quarters to be disposed of , at the pleasure of the King. This may be Printed , R. L. S. October the 30th . 1685 LONDON , Printed by D. Mallet , 1685. 
A65685	----	To the Right Honourable Sir Patient Ward Knight Lord Mayor of the City of London and to all and every the Honourable the Judges of either Bench, Barons of the Exchequer, Commissioners of Oyer and Terminer and Gaol-delivery for this sessions held for the city of London and county of Middlesex / the humble petition of Edward Whitaker Gent, prisoner in the Tower of London. Whitaker, Edward. 1681 Approx. 5 KB of XML-encoded text transcribed from 2 1-bit group-IV TIFF page images. Text Creation Partnership, Ann Arbor, MI ; Oxford (UK) : 2003-07 (EEBO-TCP Phase 1). A65685 Wing W1708 ESTC R22765 12622385 ocm 12622385 64552 This keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the Early English Books Online Text Creation Partnership. This Phase I text is available for reuse, according to the terms of Creative Commons 0 1.0 Universal . The text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. Early English books online. (EEBO-TCP ; phase 1, no. A65685) Transcribed from: (Early English Books Online ; image set 64552) Images scanned from microfilm: (Early English books, 1641-1700 ; 969:16) To the Right Honourable Sir Patient Ward Knight Lord Mayor of the City of London and to all and every the Honourable the Judges of either Bench, Barons of the Exchequer, Commissioners of Oyer and Terminer and Gaol-delivery for this sessions held for the city of London and county of Middlesex / the humble petition of Edward Whitaker Gent, prisoner in the Tower of London. Whitaker, Edward. Ward, Patience, Sir, 1629-1696. England and Wales. Court of Quarter Sessions of the Peace (Middlesex) 1 sheet ([2] p.) Printed for Richard Janeway, London : 1681. Reproduction of original in Huntington Library. Broadside. Created by converting TCP files to TEI P5 using tcp2tei.xsl, TEI @ Oxford. Re-processed by University of Nebraska-Lincoln and Northwestern, with changes to facilitate morpho-syntactic tagging. Gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. EEBO-TCP is a partnership between the Universities of Michigan and Oxford and the publisher ProQuest to create accurately transcribed and encoded texts based on the image sets published by ProQuest via their Early English Books Online (EEBO) database (http://eebo.chadwyck.com). The general aim of EEBO-TCP is to encode one copy (usually the first edition) of every monographic English-language title published between 1473 and 1700 available in EEBO. EEBO-TCP aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the Text Encoding Initiative (http://www.tei-c.org). The EEBO-TCP project was divided into two phases. The 25,363 texts created during Phase 1 of the project have been released into the public domain as of 1 January 2015. Anyone can now take and use these texts for their own purposes, but we respectfully request that due credit and attribution is given to their original source. Users should be aware of the process of creating the TCP texts, and therefore of any assumptions that can be made about the data. Text selection was based on the New Cambridge Bibliography of English Literature (NCBEL). If an author (or for an anonymous work, the title) appears in NCBEL, then their works are eligible for inclusion. Selection was intended to range over a wide variety of subject areas, to reflect the true nature of the print record of the period. In general, first editions of a works in English were prioritized, although there are a number of works in other languages, notably Latin and Welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so. Image sets were sent to external keying companies for transcription and basic encoding. Quality assurance was then carried out by editorial teams in Oxford and Michigan. 5% (or 5 pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet QA standards were returned to the keyers to be redone. After proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of 100 instances per text. Any remaining illegibles were encoded as <gap>s. Understanding these processes should make clear that, while the overall quality of TCP data is very good, some errors will remain and some readable characters will be marked as illegible. Users should bear in mind that in all likelihood such instances will never have been looked at by a TCP editor. The texts were encoded and linked to page images in accordance with level 4 of the TEI in Libraries guidelines. Copies of the texts have been issued variously as SGML (TCP schema; ASCII text with mnemonic sdata character entities); displayable XML (TCP schema; characters represented either as UTF-8 Unicode or text strings within braces); or lossless XML (TEI P5, characters represented either as UTF-8 Unicode or TEI g elements). Keying and markup guidelines are available at the Text Creation Partnership web site . eng Ward, Patience, -- Sir, 1629-1696. Treason -- England -- London -- Early works to 1800. Broadsides -- England -- London -- 17th century 2003-02 TCP Assigned for keying and markup 2003-04 Apex CoVantage Keyed and coded from ProQuest page images 2003-05 John Latta Sampled and proofread 2003-05 John Latta Text and markup reviewed and edited 2003-06 pfs Batch review (QC) and XML conversion To the Right Honourable Sir Patient Ward Knight , Lord Mayor of the City of London : And to all and every the Honourable the Judges of either Bench , Barons of the Exchequer , Commissioners of Oyer and Terminer and Gaol-Delivery for this Sessions held for the City of London and County of Middlesex . The Humble Petition of Edward Whitaker Gent. Prisoner in the Tower of London , Most humbly sheweth , THat your Petitioner having lain under a Close Imprisonment , in the said Tower , for about the space of Four months , by vertue of a Warrant of Commitment for High-Treason , under the Hand and Seal of Sir Leoline Jenkins Knight , one of His Majesties Justices of the Peace for the County of Middlesex , as by the Copy of Commitment appears ; who by colour of his being Secretary of State , committed your Petitioner ( though but a mean Commoner ) to the said Tower , not only against the Common Law of this Land , but also against the Statute made in the Fifth year of Henry the Fourth , which provides , That no Justice of Peace shall commit any Person but to the Common Gaol ; nor is there any Provision in that Statute , that a Secretary shall have power to commit to an unlawful Gaol , more than other Justices of Peace . That by Law there is no Prison of State in England for Commoners , nor was the Tower of London ever made use of as a Prison of State , but by Parliament , and the King and Council , for great Personages , out of respect to their Quality . Your Petitioner lying under this Oppression , petitioned this Court last Sessions to be Tried or Bailed , according to the Statute of the 31 of this King ; and then prayed your Honours who were of the Degree of the Coif to grant your Petitioner a Habeas Corpus upon the said Statute , to bring your Petitioner before your Honours , in order to such Ends : He believing then ( as still he doth ) that such Writ could not be denied him , without the Forfeiture mentioned in the said last-recited Act ; which Act was never intended to be defeated or evaded by any Tower or Fort in England . For that your Petitioner well knows , that a Commission of Oyer and Terminer being in Execution in any City or County , the Commissioners that act therein have power to bring any Person before them , from any Prison whatever within the said City or County , to be tried or acquitted by the Course of Common Law ; much more since the making of the said Statute for securing the Liberty of the Subject , which was so intended , and not that the said Tower , which is in London and Middlesex , should debar any Person from having the Liberty of a Subject , contrary to the known Law of the Land. That your Petitioner being an innocent Person , and a free born Subject of England , cannot but expect the full Benefit of the Law , as his just due ; and is well assured , that if an Indictment was found against him at this or any other Sessions , the Writs of Habeas Corpus ad deliberandum & recipiendum would certainly be of power enough to bring your Petitioner to that Court to be Tried , without any Scruple in Law , as also any other Habeas Corpus upon the said Statute . And your Petitioner conceives there is the same Justice in granting your Petitioner such VVrits , to discharge him , if nothing be against him after so long Imprisonment , as to bring him to be Tried and Condemned . That your Petitioner conceives the Laws of the Land are the only Bulwarks which preserve the Nation , and every individual Commoner ( in their just Rights ) from Violence : The Kings of England being sworn to maintain the Laws ; and such of your Honours as are Judges are sworn to administer Justice indifferently between the King and His Subjects , and not delay or deny Justice to any Person . Upon these Considerations , your Petitioner not being the last Sessions , according to his Petition , Tried or Bailed , as was then prayed , and your Honours not granting him his Habeas Corpus , as desired , according to the said Statute of this King ; Tour Petitioner therefore now most humbly prays your Honours ( as his Right by Law ) to be discharged from his Imprisonment this Sessions : And that your Honours will grant your Petitioner an Habeas Corpus to the Constable or Lieutenant of the Tower , to bring your Petitioner and set him before your Honours , in order to be discharged from his Imprisonment according to Law. And your Petitioner shall ever pray , &c , Edward Whitaker . LONDON , Printed for Richard Janeway , 1681. 
A78862	----	His Maiesties letter to the Lord keeper of the Great Seale of England concerning Sir Edward Herbert Knight, and the five members of the House of Commons, read in both Houses the 9th of March. 1641. England and Wales. Sovereign (1625-1649 : Charles I) This text is an enriched version of the TCP digital transcription A78862 of text R209793 in the English Short Title Catalog (Thomason 669.f.3[51]). Textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. The text has been tokenized and linguistically annotated with MorphAdorner. The annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). Textual changes aim at restoring the text the author or stationer meant to publish. This text has not been fully proofread Approx. 3 KB of XML-encoded text transcribed from 1 1-bit group-IV TIFF page image. EarlyPrint Project Evanston,IL, Notre Dame, IN, St. Louis, MO 2017 A78862 Wing C2405A Thomason 669.f.3[51] ESTC R209793 99868655 99868655 160609 This keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the Early English Books Online Text Creation Partnership. This Phase I text is available for reuse, according to the terms of Creative Commons 0 1.0 Universal . The text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. Early English books online. (EEBO-TCP ; phase 1, no. A78862) Transcribed from: (Early English Books Online ; image set 160609) Images scanned from microfilm: (Thomason Tracts ; 245:669f3[51]) His Maiesties letter to the Lord keeper of the Great Seale of England concerning Sir Edward Herbert Knight, and the five members of the House of Commons, read in both Houses the 9th of March. 1641. England and Wales. Sovereign (1625-1649 : Charles I) 1 sheet ([1] p.) printed for J. Franke, J. Wright and are to be sold at his shop the next doore to the Kingshead in Fleetstreet, London : 1641 [i.e. 1642] Dated at end: 4 March, 1641 [i.e. 1642]. Reproduction of the original in the British Library. eng Herbert, Edward, 1591?-1657 -- Early works to 1800. Treason -- Great Britain -- Early works to 1800. Great Britain -- History -- Civil War, 1642-1649 -- Early works to 1800. A78862 R209793 (Thomason 669.f.3[51]). civilwar no His Maiesties letter to the Lord keeper of the Great Seale of England: concerning Sir Edward Herbert Knight, and the five members of the Hou England and Wales. Sovereign 1642 464 0 0 0 0 0 0 0 A This text has no known defects that were recorded as gap elements at the time of transcription. 2008-03 TCP Assigned for keying and markup 2008-06 SPi Global Keyed and coded from ProQuest page images 2008-07 Paul Schaffner Sampled and proofread 2008-07 Paul Schaffner Text and markup reviewed and edited 2008-09 pfs Batch review (QC) and XML conversion HIS MAIESTIES LETTER TO THE LORD KEEPER OF THE GREAT SEALE OF ENGLAND : Concerning Sir Edward Herbert Knight , and the Five Members of the House of Commons , Read in both Houses the 9th of March . 1641. CHARLES REX , RIght trusty and welbeloved Councellor , Wee greete you well , and have thought good hereby to certifie that we did the third of January last , deliver to Our Attourney certaine Articles of Accusation ingrosed in paper , a Coppie whereof VVe have sent here inclosed , and did then command him in Our Name , to acquainte Our House of Peeres , that divers great & Treasonable designes and practises against us and the State had come to Our knowledge ; for which VVe commanded him , in Our Name , to accuse the sixe persons in the said paper mentioned of High Treason , and other high misdemeanors by delivering the paper to Our said House , and to desire to have it read , and further to desire in Our name , that a Select Committee of Lords , might be appointed to take the examinations of such witnesses as VVe would produce , and as formerly had beene done in cases of like Nature , according to the Iustice of the house , & the Committe to be und racommand of secrecy as formerly , and further in Our Name to aske liberty to adde & alter if there should be cause , according to Iustice : and likewise to desire that Our said House of Peeres would take care of the securing of the said persons , as in Iustice there should be cause : Wee doe further declare that Our said Attourney , did not advise or contrive the said Articles , nor had any thing to doe with , or in advising any breach of Priviledge that followed after , And for what he did in obedience to Our commands , Wee conceive he was bound by oath , and the duty of his place , and by the trust , by Vs reposed in him so to doe : And had he refused to obey Vs therein , We would have questioned him for breach of oath , duty , and Trust . But now having declared , that wee find cause wholly to desist from proceeding against the persons accused , Wee have commanded him to proceed no further therein , nor to produce nor discover any proofe concerning the same . Given at Royston , the Fourth of March . 1641. London , Printed for J. Franke , J. Wright and are to be sold at his shop the next doore to the Kingshead in Fleetstreet 1641. 
A79304	----	By the King. A proclamation for apprehension of Edward Whalley and William Goffe England and Wales. Sovereign (1660-1685 : Charles II) This text is an enriched version of the TCP digital transcription A79304 of text R210773 in the English Short Title Catalog (Thomason 669.f.26[9]). Textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. The text has been tokenized and linguistically annotated with MorphAdorner. The annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). Textual changes aim at restoring the text the author or stationer meant to publish. This text has not been fully proofread Approx. 4 KB of XML-encoded text transcribed from 1 1-bit group-IV TIFF page image. EarlyPrint Project Evanston,IL, Notre Dame, IN, St. Louis, MO 2017 A79304 Wing C3316 Thomason 669.f.26[9] ESTC R210773 99869530 99869530 163891 This keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the Early English Books Online Text Creation Partnership. This Phase I text is available for reuse, according to the terms of Creative Commons 0 1.0 Universal . The text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. Early English books online. (EEBO-TCP ; phase 1, no. A79304) Transcribed from: (Early English Books Online ; image set 163891) Images scanned from microfilm: (Thomason Tracts ; 247:669f26[9]) By the King. A proclamation for apprehension of Edward Whalley and William Goffe England and Wales. Sovereign (1660-1685 : Charles II) Charles II, King of England, 1630-1685. 1 sheet ([1] p.) Printed by Christopher Barker and John Bill, Printers to the Kings most Excellent Majesty, London : 1660. Dated at end: Given at Our Court at Whitehall the two and twentieth day of September, in the twelfth year of Our Reign. Reproduction of the original in the British Library. eng Treason -- England -- Early works to 1800. Regicides -- England -- Early works to 1800. A79304 R210773 (Thomason 669.f.26[9]). civilwar no By the King. A proclamation for apprehension of Edward Whalley and William Goffe. England and Wales. Sovereign 1660 704 0 0 0 0 0 0 0 A This text has no known defects that were recorded as gap elements at the time of transcription. 2008-03 TCP Assigned for keying and markup 2008-08 SPi Global Keyed and coded from ProQuest page images 2008-09 Mona Logarbo Sampled and proofread 2008-09 Mona Logarbo Text and markup reviewed and edited 2009-02 pfs Batch review (QC) and XML conversion C R DIEV ET MON DROIT HONI SOIT QVI MAL Y PENSE royal blazon or coat of arms ❧ By the King . A PROCLAMATION For Apprehension of Edward Whalley and William Goffe . CHARLES R. FOrasmuch as Edward Whalley , commonly known by the name of Colonel Whalley , and William Goffe , commonly called Colonel Goffe , are , amongst others , by an Act of this present Parliament , Entituled , An Act of Free and General Pardon , Indempnity and Oblivion wholly excepted from Pardon , and left to be proceeded against as Traytors , for their execrable Treasons in sentencing to death , signing the Instrument for the horrid murder , or being instrumental in taking away the precious Life of Our late dear Father of Blessed Memory . And forasmuch as they the said Edward Whalley and William Goffe , having absented and withdrawn themselves , and fled , as we have been informed , to the parts beyond the Seas , are now , as We certainly understand , lately returned into Our Kingdom of England , and do privately lurk and obscure themselves in places unknown ; we therefore have thought fit , by , and with the Advice of Our Privy Council , to publish the same to all Our loving Subjects , not doubting of their Care and forwardness in their apprehension ; And We do hereby Require and Command , aswell all and singular Our Iudges , Iustices of the Peace , Mayors , Sheriffs , Bayliffs , Constables and Headboroughs , as also the Officers and Ministers of our Ports , and other Our Subjects whatsoever , Within Our Realms of England , Scotland , Ireland , or Dominion of Wales , and all other Our Dominions and Territories , to be diligent in Inquiring , Searching for , Seizing and Apprehending them , the said Edward Whalley , and William Goffe , in all places whatsoever , aswel within Liberties as without , whom if they shall happen to Take and Apprehend , Our further Will and pleasure is , That they cause them and either of them so Apprehended , to be safely carried to the next Iustice of the Peace , to the place where they or either of them shall be Arrested , whom We straitly Command to Commit them and either of them to Prison , and presently Inform Vs or Our Privy Council of their or either of their Apprehensions . And We do hereby further Declare and Publish , That if any Person or Persons after this Our Proclamation published , shall Directly or Indirectly Conceal , Harbor , Keep , Retain , or Maintain the said Edward Whalley and William Goffe , or either of them , or shall Contrive or Connive at any means whereby they or either of them shall or may Escape from being Taken or Arrested , or shall not use their best Endeavor for their and either of their Apprehensions , aswell by giving due Advertisement thereof to Our Officers , as by all other good means ; We will ( as there is Iust Cause ) proceed against them that shall so neglect this Our Commandment with all severity . And lastly We do hereby Declare , That whosoever shall discover the said Edward Whalley or William Goffe , either within Our Kingdoms of England , Scotland , Ireland , or Dominions of Wales , or in any other our Dominions and Territories , or elsewhere , and shall cause them , or either of them , to be Apprehended , and brought in alive or dead , if they or either of them , attempting Resistance , happen to be slain , shall have a Reward of One hundred pounds in money for each of them so brought in , dead or alive , as aforesaid , to be forthwith paid unto him in recompence of such his Service . Given at Our Court at Whitehall the Two and twentieth day of September , in the Twelfth year of Our Reign . London , Printed by Christopher Barker and John Bill , Printers to the Kings most Excellent Majesty . 1660. 
A26178	----	Reflections upon a treasonable opinion, industriously promoted, against signing the National association and the entring into it prov'd to be the duty of all subjects of this kingdom. Atwood, William, d. 1705? 1696 Approx. 199 KB of XML-encoded text transcribed from 35 1-bit group-IV TIFF page images. Text Creation Partnership, Ann Arbor, MI ; Oxford (UK) : 2008-09 (EEBO-TCP Phase 1). A26178 Wing A4179 ESTC R16726 12101405 ocm 12101405 54119 This keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the Early English Books Online Text Creation Partnership. This Phase I text is available for reuse, according to the terms of Creative Commons 0 1.0 Universal . The text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. Early English books online. (EEBO-TCP ; phase 1, no. A26178) Transcribed from: (Early English Books Online ; image set 54119) Images scanned from microfilm: (Early English books, 1641-1700 ; 590:1) Reflections upon a treasonable opinion, industriously promoted, against signing the National association and the entring into it prov'd to be the duty of all subjects of this kingdom. Atwood, William, d. 1705? [4], 64 p. Printed and sold by E. Whitlock ..., London : 1696. "The epistle dedicatory" signed: W. Atwood. Includes bibliographical references. Reproduction of original in Harvard University Libraries. Created by converting TCP files to TEI P5 using tcp2tei.xsl, TEI @ Oxford. Re-processed by University of Nebraska-Lincoln and Northwestern, with changes to facilitate morpho-syntactic tagging. Gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. EEBO-TCP is a partnership between the Universities of Michigan and Oxford and the publisher ProQuest to create accurately transcribed and encoded texts based on the image sets published by ProQuest via their Early English Books Online (EEBO) database (http://eebo.chadwyck.com). The general aim of EEBO-TCP is to encode one copy (usually the first edition) of every monographic English-language title published between 1473 and 1700 available in EEBO. EEBO-TCP aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the Text Encoding Initiative (http://www.tei-c.org). The EEBO-TCP project was divided into two phases. The 25,363 texts created during Phase 1 of the project have been released into the public domain as of 1 January 2015. Anyone can now take and use these texts for their own purposes, but we respectfully request that due credit and attribution is given to their original source. Users should be aware of the process of creating the TCP texts, and therefore of any assumptions that can be made about the data. Text selection was based on the New Cambridge Bibliography of English Literature (NCBEL). If an author (or for an anonymous work, the title) appears in NCBEL, then their works are eligible for inclusion. Selection was intended to range over a wide variety of subject areas, to reflect the true nature of the print record of the period. In general, first editions of a works in English were prioritized, although there are a number of works in other languages, notably Latin and Welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so. Image sets were sent to external keying companies for transcription and basic encoding. Quality assurance was then carried out by editorial teams in Oxford and Michigan. 5% (or 5 pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet QA standards were returned to the keyers to be redone. After proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of 100 instances per text. Any remaining illegibles were encoded as <gap>s. Understanding these processes should make clear that, while the overall quality of TCP data is very good, some errors will remain and some readable characters will be marked as illegible. Users should bear in mind that in all likelihood such instances will never have been looked at by a TCP editor. The texts were encoded and linked to page images in accordance with level 4 of the TEI in Libraries guidelines. Copies of the texts have been issued variously as SGML (TCP schema; ASCII text with mnemonic sdata character entities); displayable XML (TCP schema; characters represented either as UTF-8 Unicode or text strings within braces); or lossless XML (TEI P5, characters represented either as UTF-8 Unicode or TEI g elements). Keying and markup guidelines are available at the Text Creation Partnership web site . eng Allegiance -- England. Treason -- England. 2006-03 TCP Assigned for keying and markup 2006-03 Aptara Keyed and coded from ProQuest page images 2007-03 Ali Jakobson Sampled and proofread 2007-03 Ali Jakobson Text and markup reviewed and edited 2008-02 pfs Batch review (QC) and XML conversion REFLECTIONS UPON A Treasonable Opinion , Industriously promoted , Against SIGNING the National Association : AND The Entring into it prov'd to be the Duty of all the Subjects of this KINGDOM . Hoc quidem perspicuum est , eos ad imperandum deligi solitos , quorum de justitiâ magna esset opinio multitudinis ; adjuncto verò , ut iidem etiam prudentes haberentur : nihil erat quod homines his auctoribus non posse consequi se arbitrarentur Civ . de of . lib. 2. LONDON , Printed and Sold by E. Whitlock near Stationers-Hall . 1696. To His Excellency CHARLES Duke of SHREWSBURY , one of the Lords Justices of England , and one of His Majesty's Principal Secretaries of State , &c. May it please your Excellency . SINCE among the many subjects of just Praise , which make up Excellency's distinction , it is not the least , that the true Religion , and Loyalty , are known to have been chosen with a Judgment properly your own ; my ambition could not carry me to a fitter Patron for Truths , which are to encounter a strong Pre-possession , in Men taught to object novelty against this Revolution : tho' with as little cause of triumph , as the Papists have for their question , where was the Protestant Church before Luther ? As your Excellency's wise and vigorous discharge , of Offices of the highest Trust and Consequence , under our only rightful Sovereign , King WILLIAM , revives to France the noted Terrors in the name of Talbot ; permit me from thence to take an Omen of Success , against Arguments supported by the French Interest , and Power , more than by any colour of reason . Yet , they who oppose the Right of the present Government , having pretended to seeming Authorities ; I have used that method , which I hope may be proper for their conviction : giving a short view of what , upon the various Exigencies of the Publick , in all Ages of this Monarchy , has been the uniform Judgment , and regular Practice , of Conventions of the States , and Parliaments , of this Kingdom ; in concurrence with several glorious Preservers of the English Liberties . But , that I may use an Authority , sufficient in it self to justifie our present Settlement ; I beg leave to appeal to Excellency's early and eminent Example : which will weigh more , with Persons acquainted with so illustrious a Character , than any Argument from pass'd Times . And yet , what I here offer , being for the most part , the Result of the Collective Wisdom of the Nation ; may not be wholly undeserving of your Excellency's Patrondge : nor can I apprehend , that you will refuse these Fundamental Truths , the benefit of being recommended to the World under so Great a Name : which , tho' it will set my faults in the clearer light ; if your Excellency shall be thought to bear with 'em , cannot but moderate the Censures , against Your Excellency's most devoted humble Servant , W. Atwood . REFLECTIONS UPON A Treasonable Opinion , &c. THE Enemies of the Peace of these Realms having handed about a Paper , as the Opinion of a certain florid Gentleman of the long Robe , eminent for making New Treasons ; and whose Authority is said to have prevailed with several to refuse Signing the Associatlon for the defence of His Majesty's Sacred Person , and Rightful Authority ; I shall offer what I conceive a sufficient Antidote to the Poyson he would spread , with all his affected softness . The words of the Opinion , as they have occurr'd to me , are these : By the Statute of Hen. 7. the Subjects are Indemnified in taking an Oath , or Fighting for a King de Facto : But the Association is not within the Statute , but an Overt Act of Treason against the King de Jure , and Punishable as such when he shall be restored . In refuteing the pernicious Errors contained in this Opinion , I shall evince , First , That according to the best Authorities of them , who suppose that there may be a King de Jure , as distinguished from a King in Fact ; the Right of the supposed King de Jure is not such , as makes any Act against him to be Treason ; nor is he King , or has any Right against the King in Possession , or his Issue . Secondly , That an Association for the Defence of the King's Person and Right , is within the purview of the Stat. 11 H. 7. and that as plainly as an Oath of Allegianee . Thirdly , That it is not supposed or implyed in that Act , that there was or might be a King de Jure , while an other was King in Fact ; but that according to that Act , the King for the time being , is the onely Rightful King. Fourthly , That the Statute 11 H. 7. is not introductory of any new Law in this matter . Fifthly , That his Present Majesty is the only King de Jure ; and that the late King neither is , nor of Right ought to be , King. Sixthly , That according to this Gentleman 's own Law , he is Guilty of High-Treason against our Sovereign Lord the King. 1. The Lord Coke , upon the Statute of Treason 25 E. 3. referring in the Margin to the Statute 11 H. 7. says , This is to be understood of a King in Possession of the Crown , and Kingdom : For if there be a King Regnant in Possession , altho' he be Rex de Facto , and not de Jure , yet he is Seignior le Roy within the purview of this Statute ; and the other , who hath the Right , and is out of Possession , is not within this Act. Sir Mathew Hale says what in substance agrees with the Lord Coke . A a King , says he , speaking of the Statute 25 E. 3. de Facto , and not de Jure , is a King withing that Act ; and Treason against him is punishable , tho' the right Heir get the Crown . Indeed , both those Great Men seem to suppose , or admit , that there might be one who had , or at some time or other might have , a sort of Right , notwithstanding another's being so fully King , that a Conspiracy to Kill , or Depose him , would be Treason . But it is to be consider'd , 1. That the Lord Coke does not suppose that there may be a King de Jure , while another is King in Fact ; unless this supposition is warranted by the Statute 11 H. 7. which , as I shall prove , it is not . 2. The Statute , which in both their Judgments regards only the King Regnant , makes it Treason to Conspire the Death of the King 's b Eldest Son , or to violate his Eldest Daughter ; for the last of which , the Lord Coke c assigns this Reason , That for default of Issue Male , she only is Inheritable to the Crown . So that the supposed King de Jure appears to be barred , not only by the Possession of the King in Fact , but even by that Right which is Vested in his Son or Daughter , before either of them have Possession . And , indeed , That Right which ordinarily would descend to the Eldest Son of the King Regnant , is truly explanatory of all that will be found to have belonged to one , who since E. 4. of the elder branch of the Royal Stock , got Possession , has often been call'd King de Jure ; tho' , as will appear , in a sence very different from the Modern vulgar Notion : Nor does the Judgment even of E. the 4th's own Parliament , in the least favour the late King : however if it did , later Parliaments in the time of H. 7. have taken away all colour from such pretences . That the Eldest Son even of the most Rightful Regnant King , was not King upon the Death of his Father , without a Parliamentary Settlement of the Crown upon him before his Fathers Death ; nor with it , till the States of the Kingdom had actually received and recognized such Son , will appear beyond contradiction : And that the Eldest Son 's Right was only a Right to be declared King , unless he was unfit to Reign , or the exigencies of the Publick required the advancing some other Person of the Royal Family . If a deserving Person was kept back , or one so judged by his own Party , or the Nation , when he prevailed , the least Complement they could make him was , that of Right , he ought to have been King , before he was King ; but farther they never extended their Transports of Loyalty , nor ever Authoritatively declared , That he had such a Right as made him King , while another possessed the Throne : And till he got Possession , it was never declared that he had Right . Nor does the setting one aside , before his coming to Possession , or after , make any difference in the Nature of the Right in question . And I shall put it beyond Controversie , that whenever a worthy Person of the Saxon Royal Family , especially of that branch , which for some Successions had been settled as the Regnant Family , was solemnly recognized by the States of the Kingdom , upon the Death , or disability , of a Person who stood forwarder in the Royal Line ; the Person so recognized became King de Jure , and no other Person had any manner of Right , unless such as was in Abeiance , or in the Clouds ; and , indeed , no where , till Possession brought it to Light and Being . 3. Fully to shew this Gentleman his mistakes , upon the Statute 11 H. 7. it will be requisite to transcribe the whole ; which is as follows . The King our Sovereign Lord , calling to remembrance the Duty of Allegiance of his Subjects of this his Realm , and that by reason of the same , they are bound to serve their Prince and Sovereign Lord for the time being , in his Wars , for the Defence of him , and the Land , against every Rebellion , Power and Might , reared against him , and with him , to enter and abide in Service in Battle , if case so require : That for the same Service , what Fortune ever fall by chance in the same Battle , against the Mind and Will of the Prince , as in this Land , some time passed , hath been seen , that it is not reasonable , but against all Laws , Reason , and good Conscience , that the said Subjects going with their Sovereign Lord in Wars , attending upon him in his Person , or being in other places by his Commandment within this Land , or without , any thing should leese or forfeit for doing their true Duty and Service of Allegiance . It be therefore Ordained , Enacted and Established , by the King our Sovereign Lord , by the Advice and Assent of the Lords Spiritual and Temporal , and Commons , in this present Parliament Assembled , and by the Authority of the same , That from henceforth , no manner of Person or Persons , whatsoever he or they be , that attend upon the King and Sovereign Lord of this Land for the time being , in his Person , and do him true and faithful Service of Allegiance in the same , or be in other places , by his Commandment , in the Wars within this Land , or without ; that for the said deed and true Duty of Allegiance , he or they be in no wise Convict or Attaint of High-Treason , or of other Offences for that Cause , by Act of Parliament , or otherwise by any Proces of Law , whereby he or any of them shall now forfeit Life , Lands , Tenements , Rents , Possessions , Hereditaments , Goods , Chatals , or any other things ; but to be for that Deed and Service utterly discharged of any Vexation , Trouble , or Loss . And if any Act or Acts , or other Proces of the Law hereafter thereupon for the same happen to be made contrary to this Ordinance , that then that Act or Acts , or other Proces of Law whatsoever they shall be , stand and be utterly void . Provided always that no Person or Persons shall take any Benefit or Advantage by this Act , which shall hereafter decline from his , or their said Allegiance . Here 't is observable . 1st . That whereas this Gentleman absurdly supposes , that it is Treason to engage to fight against one whom one may lawfully kill ; and that one may enter into a contrary Allegiance , but may not do any voluntary act of Allegiance ; it is evident by the Words , that if Swearing Allegiance is safe , so are all voluntary Acts of Allegiance : for the Swearing is not expresly provided for by that Act , or any otherwise than as it is a part of the Duty and Service of Allegiance to the Sovereign Lord● : but if Associating for the Defence of the King's Person and Right , be part of the Allegiance due ; then that is as much provided for as the Oath is : and consequently this Gentleman must grant , that the Statute 11 H. 7. indemnifies the present Associators . That this is part of the Allegiance due , appears by the Common-Law Oath of Allegiance affirmed in the Laws of W. 1. and continued down to this day in Substance and Obligation : according to which , all the Freemen of the whole Kingdom are to affirm with a League [ or Association ] and Oath , that within and without the whole Kingdom of England , they will be faithful to their Lord the King ; preserve his Lands and Honors with all fidelity , together with his Person ; and defend them against Enemies and Strangers . And in an other Chapter of that Law , after Provision , that all Freemen shall enjoy their Estates , as had been before enacted and granted in a Common-Council of the whole Kingdom , it adds , We also enact and firmly enjoyn , that all Freemen of the whole Kingdom be sworn Brethren [ or Associators ] to defend our Monarchy , and our Kingdom , according to their Strength and Faculties , and manfully keep the Peace , and preserve the Dignity of our Crown entire : and constantly to maintain Right , and just Judgment by all means , according to their power , without fraud , and without delay . What is this but an Association to defend the King and Kingdom , against any Person whatever ; and by consequence , to declare that the King for the time being , is the only Rightful King ? Since his Person , Crown , and Dignity is to be preserved by all means in their Power . This part of the Common-Law is affirmed by the Statute 11 H. 7. declaring it the Duty of Allegiance to defend the King , and Land , against every Power and Might : and therefore as well against Pretenders to Title as others . 2. This Act , expresly indemnifies for voluntary Acts of Allegiance , against the mind and will of the Prince . 3. It can by no means have been intended or implied by that Statute , that there was , or could be , any other King besides the King for the time being : For , 1. To take it in that sense , would be to make the Statute fight against it self ; and not only to admit that he were but [ a ] King not [ the ] King ; but to require the Subjects to fight , for , and against one and the same Person . 4. H. 7. And his Parliament could not be thought to admit , that he was an Usurper , or a King contrary to Law , or Right . But H. 7. certainly intended to provide for the indempnity of those that should pay Allegiance to him , as well as of those that should pay Allegiance to future Kings for the time being . And indeed upon some of the Words it may seem doubtful whether the enacting part was intended to reach beyond his time ; and whether any other Sovereign Lord for the time being was intended , but he who was at that time . But if in relation to the King , whose Parliament passed this Act , the King for the time being was supposed to be the only Lawful and Rightful King ; it must be so taken in relation to all other Kings for the time being : if either the enacting Part or the Preamble extend to ' em . 5. If this Act should carry a plain implication , that some other besides the King for the time being , was the King of Right ; this would be so far from being for the Security of the King for the time being , ( as must have been then intended as well as the indemnity of his Subjects , ) that it must needs have the like effect with their Discourses , who will have it , that the present Government is not Rightful , but yet that a sort of Allegiance is due to it , because of God's Authority , tho' contrary to Right . Whenever these Men speak out , it appears , that they allow no Authority to the King for the time being , but what is derived from the Tacit , or implied Consent , of their King of Right . But this Jesuitism was not thought of at the making of that Statute . 6. I desire to know what Person besides H. 7. was so much as imagined to be Rightful King , or Queen , of England , when that Act was made ? However , whether it can be thought , that in the Judgment of that Parliament , any Person besides H. 7. had Right to the Crown ; after a former Parliament had Ordained , Established , and Enacted , that the Inheritance of the Crown of England and France , should be , stand , and remain , in King H. 7. and the Heirs of his Body , and in no other Person ? That they held this Settlement to have been duely and righfully made , and that without any relation to his marrying the supposed Heiress to the Crown , appears by three other Acts of the same Parliament . One of which attaints * R. 3. for traiterously conspiring against their Sovereign Leige Lord H. 7. Another † indempnifies Men for Trespass or taking Goods , in maintenance of the Title of H. 7. for the time that his Banner was displaied against Richard late Duke of Gloucester , Usurper of the Realm . ‖ Another goes farther , and indemnifies them who came from beyond-Sea with H. 7. or were in Sanctuary , or Hidel , for his Quarrel , and Title ; and speaks of the Battle against his Enemies , in recovering and obtaining his Just Title and Right to his Realm of England . Wherein H. 7 ths Right , and R. 3 ds Usurpation consisted , shall afterwards be considered . 7. When the Parliament 11 H. 7. speaks only of the King , or Prince , or Sovereign Lord for the time being , without giving any discription whereby it should be known who is [ the Prince ] unless what relates particularly to H. 7. It must be presumed that no King is intended , but he that was the Sovereign , or Leige Lord , in the Eye and Reputation of Law : which as appears by the Case of R. 3. an Usurper , continuing so , was not then taken to be . But who ever was in the Possession of the Throne without Usurpation , was always lawful and rightful King. 8. It cannot be thought the Parliament 11 H. 7. would have made an Act directly contrary to three others of the same Reign ; but they would have expresly repealed the former Acts , or have offered some reason to palliate or colour their Proceedings to the contrary . But take the Statute of 11 H. 7. in this Lawyers Sense , ( only with an Exception that as to the Matter in Question it was a Declaratory Law , as the words plainly shew , and it will farther appear ) and it is evident that the Statutes against R. 3. and indemnifying them that acted for H. 7. before the displaying his Banner , as well as after , while R. 3. was in Possession of the Throne , were contrary to this Lawyer 's Sense of the Statute 11 H. 7. according to which , they who assisted H. 7. must have acted contrary to their Duty of Allegiance to the King for the time being . Wherefore it plainly follows , that R. 3. was not King for the time being , according to the true meaning of the Statute 11 H. 7. and yet H. 6. who was of the younger House , was in his time the only King for the time being , in the Judgment of that very Parliament which supposes R. 3. not to have been so ; as appears by their reversing the Attainder of H. 6. and declaring the Act of Attainder , to have been contrary to the Allegiance of the Subject , against all right wiseness , honour , nature , and duty , inordinate , seditious , and slanderous ; and reversing the Attainders of others for their true and faithful Allegiance and Service to Hen. 6. and yet those Attainders were in a Parliament of a King by many supposed to be the only Person that had Right to be King , and that after his being formally recognized by the States , and then in Possession of the Power of the Kingdom . Obj. But it may be objected , if the Act 11 H. 7. was made only to indemnifie them that paid Allegiance to Rightful Kings , there was no manner of need of it . Answ . 1. Many needless Statutes have been made in affirmance of the Common-Law , out of abundant caution . 2. It could not be needless to obviate mens fears , upon pretences which might be set up against the King for the time being ; by removing the supposal that Allegiance could be due to any body else . 3. The enacting part extends to indemnifie Men , for what they out of Loyalty should do in time of War , against the mind and will of the Prince : for which the caution was but reasonable . Effectually to prove , that the Judgment of Hen. 7 ths Parliament , That there could be but one Rightful King at a time , except where they were Partners in Power ; is according to the fix'd and known Constitution of this Monarchy ; and that this manifests His present Majesty to be our only lawful and rightful Sovereign Lord ; and that the late King neither , is , nor of Right , ought to be King ; I shall as briefly as well as I can , give an Abstract of what will appear to any Man , who shall with me carefully compare Records , Histories , Law-Books , Charters , and Authentick Manuscripts , from before the fixation of the Monarchy downwards . The most antient uncontested Authority of this kind which is allowed us even by the Scotch Writers , who think themselves concerned to blemish our Antiquities , is the Venerable Bede , who died in the year 735. He , speaking of the coming of the Picts into the Northern Parts of Britanny , says , The Scotch gave them Wives , on condition that when any Controversie arose , they should chuse themselves a King of the Female Stock of Kings , rather than of the Male. Whereby it appears what was his Judgment of the Successions , where they have seemed most fond of an Inherent Right of Birth . But as to England , where a King has lest three Sons , a Bede calls them all Heirs . Accordingly , he more than once mentions Brothers reigning together as b Sighard and Frede among the East-Saxons ; while c the West-Saxon Kingdom was govern'd by several petty Kings , in distinct Divisions . These Kings probably at that time were Tributary or Feudatory Kings , under the Mercian Kingdom : for in the year d 730 I find King Aetilbalt , stiles himself not only King of the Mercians , but also of all the Counties which by the general name are call'd South-Angles , subscribing King of Britanny . And in the same year I find an Offa , who stiles himself King of the Mercians , and also of the other Nations where ever round about . By reason of the Inheritance of Crowns belonging to several Sons of Kings , the Kings were so numerous that Bede mentions two Brothers Crown'd Kings even of the Isle of Wight . But when any were Constituted Kings to the setting aside all the old Regnant Family of that particular Kingdom , the Persons so constituted were according e to Bede , Strangers , or doubtful , by way of distinction from Lawful Kings . And yet all the Kings of the several Kingdoms were descended from Woden , from which Common-Stock they all took their Qualifications for an Election , as afterwards the West-Saxon Kings did from Cerdic , then from Ina , and after that from Egbert . But generally , I take it , regard was had to that part or branch of Woden's Family , which was the regnant Family within the particular Kingdom , where one of that branch was advanced ; according to that Charter of an Offa , where he is stiled f King of the Mercians , descended from the Mercian Royal Stock . About which time I find two Kings g of Kent , Sigered , and Eadberht , governing in severalty . These 't is likely were Brothers , but Eadberht , who became King of all Kent , upon Sigered's death , or amotion , was h constituted King and Prince by the whole County . This was above 60 years before the Foundation of the Monarchy was laid i by the West-Saxon King Ina. Tho most of the Moderns , and many of the Ancients , lay it as late as Egbert's time ; the Confessors Laws received and sworn to by William the I. and following Kings , say of Ina , k he was elected King throughout England , and first obtained the Monarchy since the coming of the English into Britanny . His qualification for an Election , the Saxon k Cronicle places in a Descent from Cerdic . But l Malmsbury assures us he was advanced rather for his Merit , than his being of the Successive or Inheritable Family , and that from him m to Brictric , the Kings were far out of the Royal Line . That Brictric was truly elected , appears not only in his bare qualification from the n Stock of Cerdic ; but as he was immediate Successor to Kenwolf o elected upon the like qualification ; and in whose Reign it was p ordained , in a National and Legantine Council , that no man suffer the assent of Wicked men to prevail , but that Kings be lawfully elected , by the Priests and Elders of the People : where 't is manifest , that lawfully does not limit the Election to any other Rule than what follows in that Law , viz. to avoid electing Persons born in Adultery or Incest . The Person lawfully Elected , is there called Heir of the Country . Where [ Heir ] is plainly used in the Sense both of the q Civil , and of , our Common r Law , for the Person that comes duely to the Inheritance : in this sense all that have been elected Kings , have been held to succeed by Hereditary Right . And thus in numbers of Charters in the Saxon Times , and after , Private Inheritances are granted to Men , to leave to what Heir they please ; to the Church and its Sacred Heirs ; and to the Barons , or Citizens of London , and their Heirs . To Brictric the first West-Saxon King , after the Peoples Right to Elect , had been declared by National Authority , succeeded Egbert , who derived after several degrees pass'd from Ina's Brother . It may well be thought , that he was Elected with a Consent no less full and formal , than was held essential to his Grants of Lands , one of which was s with the License and Consent of all his Nation , and the unanimity of all the Great men . Egbert was alive in the year 838 tho' Historians generally suppose him to have died two years before . His Sons t Ethelstan the Eldest , and Ethelwolf , were Kings in his life time : As I might prove by several Charters , but shall here mention but two ; one in the year x 827. where an Ethelstan subscribes as Monarch of all Britanny ; y an other An. 836. where Egbert grants with the Consent of his Son Ethelwolf , King of Kent . In the year z 838. Ethelwolf succeeded Egbert in the Kingdom of West-Saxony , by a manifest Election , his eldest Brother Ethelstan being then alive , and continuing a the Monarch or chief King of all Britanny . Besides the Evidences above , that there was not at that time such a fix'd rule of descent in the West-Saxon Royal Family , as made the Kings eldest Son to be King , or to have a certain and indefesible Right to be King , may appear by the Law or Custom of that Kingdom mentioned by b Asser , and c Nicolas of Gloster , and others ; not to suffer the King's Wife to be called Queen , or to sit near her Husband : which seems to have occasioned the Ritual for the Consecrating the Wife in d consortium regalis thori , for the consortship of the Royal Bed. Till she was so Consecrated , which was to be in a Convention of the States , or coming from it , she had no more right to the Kings Bed than a Concubine . Of this doubtless W. 1. was aware , when he e expressed a desire to have his Wife Crowned with him . Certain , it is that the Sons of Kings begotten on Conubines , after they had been elected or adopted by the States , were always held to have succeeded as Rightfully , and to have been as legitimate Heirs , as the Sons begotten in Wedlock ; the Mother's being Queen , and by consequence the legitimation of the issue , and capacity to inherit the Crown , having depended upon the will of the States . But that in Ethelwolf's time , the word Elected was duely applied to English Kings , and upon what qualification , may farther appear by an Author of the Saxon time , who speaking of Eastengle , where Sr. Edmund was Crownd King , f two or three years before Ethelwolf's death , says , g Over this Province reigned the most holy Eadmund , descended from the h Noble Stock of the Ancient Saxons , &c. who coming from Kings his Ancestors , being eminent for his vertue , with the unanimous favour of all the People of the Province , i is not so much elected , by reason of * the Succession , or Inheritance of the Stock , as he is forced to reign over them . With in this time Ethelwolf's eldest Son reigned in his Father's life time , and retained West-Saxony to his share , whilst the bigotted Father having i withdrawn to Rome , tho' animo revertendi , was held to have abdicated , and with much ado prevailed with his Son and the People , to let him be an underling King of an inferior Kingdom . Besides other objections to any right of descent from him , according to a good k Authority , his elder Brother Ethelstan survived . However one or more Acts of Parliament in his life time had provided for three Successions after him , as appears by the Will of his fourth Son Alfred , made in the Presence and with the Consent of all West-Saxony . That Will recites what l Dr. Brady calls Ethelwolf's Will , but was a m Charter passed in a n General Council , for Alfred is express , that the Inheritance of King Ethelwolf came to him by Charter thereof , made o in a general Council at Langedene . Yet that Charter was but recommendatory to a future relection ; for Ethelbert , who is not named in Alfred's Account of that Settlement , was upon the Fathers death p ordained King of several of the Kingdoms : and succeeded his Uncle Ethelstan in q Kent . Alfred's Will shews that by the Parliamentary Settlement of the Crown , he was to be Partner in Power , when his Brother Ethered should succeed : r for which he appeals to the Testimony of all West-Saxony ; accordingly they are both represented s as Kings at the same time . Alfred was Ethelwolf's fourth Son : which soever therefore of his three Brothers left Sons , every one of 'em according to the vulgar notion , had Right to the Crown before him ; and yet that great and good Prince , in the last Publick Act of his Life , expresses a satisfaction in that Inheritance , which t God and the Princes , with the Elders of the People , mercifully and bountifully gave him . That Will shews that he had two Nephews then alive , Athelm , and Ethelbalt : who were not regarded in the Succession ; but s Alfred was upon his Brother Ethered's death elected by all the Saxons . To Alfred succeeded his Son Edward , by a manifest Election , having Cousin Germans of at least one Elder House : t Ethelbald or Ethelwold , who was one of them , was a Competitour with Edward , and was elected by the Danes . Ethelwerd ( who himself descended from Ethered's Elder House ) says of Edward , u Indeed the then Successor of the Monarchy , Edward , Son of the above-mentioned King , is Crowned after him . He , being of the Royal Stem , was Elected by the Nobility at Whitsuntide , one hundred years being pass'd since his Ancestor Egbert had his present Dominion . Where the Right of the Saxon Crown to the Monarchy , or Primacy , for even Edward had no more , was laid in perscription : but his Right to the Crown , in an Election upon a qualification from the Royal Stem . Edward's Son and Successor Athelstan was a x Bastard , tho' Dr. Brady would have the contrary believ'd , from Malmsbury's tenderness in the Matter ; least it should diminish that King's Glory . The Saxon y Cronicle mentioning the Father's death in Mercia , says , Ethelstan was elected King by the Mercians . Huntingdon says , in Mercia : whither they might have flock'd from other Kingdoms . To Athelstan succeeded his Father's eldest lawfully begotten Son , Edmund . Tho' Edmund had Sons , Eadred z his Brother succeeded : and that as an Author of those Times affirms , in the Right of a Brother . And an a Author of like antiquity , whose words are transcribed by others since the reputed Conquest , says , The next Heir Eadred , took upon him the Natural , or Hereditary Kingdom , by succeeding his Brother . Where the Uncle is plainly accounted the next Heir fit to Reign . And yet the c Enquirer and Dr. Brady , absurdly suppose , that Eadred was only Tutor , Curator , Regent , or Protector , of the young Princes , and Kingdom . Which was far from the meaning of that ancient Author , who blames the eldest of those Princes for pretending to succeed his Uncle d before he had been elected ; tho' both with Clergy and Laity , one Elected supplied the Numbers and Names of the Kings : that is , no Man was accounted King , who was not Elected ; speaks of the day of the common Election ; what Authority the States exercised over him for his egregious folly on that day ; and his being cast off by the Northern Part of the Nation e because he foolishly administer'd the Government committed to , or entrusted with him . He being forsaken by an f Universal Conspiracy or Agreement , they , says that Author , the Lord so dictating , Elected his Brother Edgar . After Eadwig's death , the same Author says , Edgar g took his Kingdom upon him , being Elected by the People of both Kingdoms , as equal Heir to both . As an other h Author has it , he was elected by all the People of England . To Edgar succeeded i his eldest Son Edward the Martyr : who , whatever many of the Moderns , and some of the Ancients may have thought , was undoubtedly a Bastard : which is not only shewn by an k Author of the Time ; but is confirmed by the Brother Ethelred's Charter : which informs us that the Election of the States preferred his Brother : as the Charter has it . l The Great Men of both Orders elected my Brother King : and gave me Livery of the Lands belonging to the Kings Sons : which plamly proves that Edward was a Bastard , the Private Inheritance having fallen to the Father's younger Son. However , this is an undeniable President , of an Election : and yet for the reason above , it may well be said , that Edward was left m Heir of his Father's Kingdoms , as well as Vertues : which Historians since the time of W. 1. transcribed from one of the Writers of Sr. Dunstan's Life . That Ethelred who succeeded the Martyr was truly elected , appears beyond contradiction , by the * Ritual of his Coronation : which requires that the King being elected by the Bishops and the Plebs , or Commonalty , take his Coronation Oath : after the Oath taken , the People are solemnly ask'd , whether they will have him to be King : they answer , m we will and grant ; they pray to God to bless his Servant , whom they have elected King ; and in an other place , they pray God to bless this n purely elected Prince . To this time the Danes possessed great part of England ; and Swane , King of Denmark , Landing with an additional Force , this , with Ethelred's sloath and unacceptableness to his own People , drove him to an Abdication . Upon Swane's death , the English invited back the Abdicated King , o on condition he would govern better than he had done : for which his Son Edward undertook . Ethelred returning , as an Author who lived about the time has it , a contract was established between the King and his People ; and firm friendship ; and it was enacted with an Oath , that there never more should be a Danish King in England . After p this Cnute the Son of Swane laid claim to the Crown of England as a Saxon , as well as Dane , deriving from King q Ethelbald ; who , doubtless was that Son of an elder Brother of King Alfred , who oppos'd Edward the elder . Notwithstanding this , tho' the r Danes elected Cnute , the English adhered to Ethelred . Upon whose death they chose his Son Edmund Ironside , who , as s appears by the stream of ancient Authorities , was a Bastard . Upon ( i ) Edmund's death , Cnute was Crown'd King of England by the Election of all ; and according t to Florence of Woster , he swore to be Faithful Lord , as the People did to be Leige Subjects . At Cnute's death , his two Sons , Harold , who was a a Bastard , or rather , Spurious , and Hardecnute his legitimate Son by Ethelred's Widow , were b by Leofric and all the Nobility on the North-side of the River Thomes , elected Kings over all England ; as partners in Power , and co-heirs . But Duke Godwin and other Noblemen in West-Saxony opposed , and prevailed . It appears by an Author who wrote in the Confessor's Time , and whose words are transcrib'd by several , that they prevailed for the total rejection of Hardecnute ; because he made not sufficient haste to take the Administration upon him . Therefore Harold , ( who , however , would have been King of Mercia , and the Northumbrian Kingdom ) was elected over all England , by the Princes , and all the People : or c as an other of like antiquity has it ; is elected King by all the People of England . Upon Harold's death , and not before , Hardecnute was received : in what manner appears by the then standing Ritual , for the Coronation of Kings . But Emmae's Sons by Ethelred , Alured and Edw. d as Malms . observes , were despised almost by all ; rather through the remembrance of their Fathers sloathfulness ; than by reason of the Power of the Danes . Yet they two , without preference of one before the other , were accounted e Heirs of the Kingdom ; and accordingly Cnute , f while he was in fear of the then Duke of Normandy , offer'd half his Kingdom to Edward , and his Brother Alured . g Upon Hardecnute's death , Earl Godwin was chosen Administrator or Protector of the Kingdom , during the vacancy , and till a fit Person should be elected King. Godwin summons a Convention of the States , where he nominated Ethelred's only surviving Son by Emma , whom the Saxons call'd Elgive . After some debates , all consented to the election of Edward . He being so elected , was in the sense of those times h Heir of the Kingdom to the last Possessor Hardecnute , his Brother by the half blood . And yet it is observable , that a according to a Charter of Edward's pass'd in Parliament , at the latter end of his Reign , the Hereditary Succession was hazarded by the Danes : that is , according to what I before observ'd , the Anglo-Saxon regnant branch of the Royal Family was kept back , and was likely never to have been restored . 'T is evident that it was not for Edward to carry this Point farther ; for besides the Danish Royal Family , claiming from King Ethelbald ; and b Fretheric , Abbot of St. Albans in his time , coming from the ancient Saxons and Danes , and lineally descended from King Cnute ; there was the Historian c Ethelwerd , or his immediate Ancestor , of the Family of King Ethered : and in all probability , there were several descendants either from Ethelstan , Ethelwolfs elder Brother , or from his Sons Ethelbald , and Ethelbert . What was the known Law in the Confessor's time , both as to the Succession , and the continuing King , besides the former Evidences , appears beyond contradiction from that King's Laws : according to which . 1. The d Monarchy was founded in election : which explains in what Sense a King is there taken to be Constituted . 2. If the King do not answer the end for which he had been Constituted ; e not so much as the name of King shall continue in him . 3. It receives as a f Rule in all Kingdoms , and particularly here , the Judgment of Pope Zachary , encouraging the Franks to depose their King Childeric . With Edward the Confessor , end the Saxon and Danish Successions of Kings : Harold , the Son of Earl Godwin , as I shall shew , never was King , nor reputed King by any , but his own Party . Here I may observe . 1. That Dr. Brady is mightily mistaken in his assertion , that the Saxons did in their subjection , owning of , and submission to their Princs , acknowledge both proximity of blood , and nomination of their Princes , often both , sometimes only one of them ; but never followed any other rule . 2. The chief rule of Succession , upon the death , or disability of any King , was a proper election of a worthy Person , of the Regnant Branch of the Royal Family . 3. Dr. Bradie's notion , that Elegerunt , signifies no more than recognoverunt , they acknowledged , owned , submitted unto him as their King , is by no means true ; the recognition being manifestly subsequent to , or in consequence of the election : nor is any thing more plain , than that the States did from the beginning of the Monarchy downwards , rightfully declare an Heir to the Kingdom , and then acknowledge his Right : tho' neither next upon the Royal Line , nor representing the next ; nor yet nominated by the Predecessor . And indeed till a rare and noted instance in the case of Hen. 5. on whom the Crown had before been entailed in Parliament ; no Prince was known to have been formally recogniz'd , till he had taken the Coronation Oath . 4 If according to any good authority of the Saxon or Danish Times , it should seem , that any man came to the Crown by the Gift of his Predecessor ; it must have been made with such solemnity as was requisite , even for the granting of Lands . As that of a Egbert's above-mentioned , or b Athelstan's in an Assembly of the Bishops , Abbots , Dukes , or Earls , and the Procurators , or Representatives , of the Country ; or an c other before the Plebs , or Commons ; or Edgar's d in the open air , with the privity of the Great , or Wisemen , of his whole Kingdom . In the Confessor's life time , there were three Competitors for the Crown , Atheling's Father , and Son to Edmund Ironside ; Harold , who was High Steward of England , and the most powerful of any Man , tho' not his Fathers eldest Son ; and William Duke of Normandy , Grand Nephew to Emma , who had been Crown'd Queen of England , nor as has appear'd above , was William under any incapacity from his Bastardy . Besides his Wife Maud was descended from a Daughter of King Alfred , married to Baldwin Earl of Flanders : upon which account , a Commentator on the Grand Custumary of Normandy , held him to be the first , or chief Heir . Edward , e Son to Edmund Ironside , was at one time designed by the Confessor for his Successor , if he could prevail with the Nation to consent ; but that Edward dying before the Confessor , his Son being a Minor , seems never then to have been thought of . Harold's design was covert ; nor does he appear to have been a Pretender , till the Confessor lay upon his death-bed . But Duke William had long been promis'd his Cousin King Edward's interest : in order whereunto , we may well believe , he in a the year 1651. came over to England , and , doubtless , to ingratiate him to the Nation , was by the Confessor carried up and down the Kingdom . In the year 1657. or 1658. the design was brought to bear ; and in a Great Council of the whole Nation , William was declared Successor ; or as the Law b received by him has it , agreeing with a Charter pass'd in Parl. 15. of his Reign , c was adopted Heir ; or as another Charter has it , Edward instituted him d adopted Heir . That this Adoption or Institution of an Heir to the Crown , was with a Consent truly National , I shall elsewhere have occasion to prove at large : at present , shall only observe , that the above-cited Law says , that Edward caused the Kingdom to e swear to William ; that Wilnot Earl Godwin's Son , and Hacun , his Grandson , were sent Hostages to William , to secure the future Allegiance of that Family ; that Robert , Archbishiop of Canterbury , and Harold , were successively with the Duke to assure him of his being declared Heir to the Crown ; which Harold swore to endeavour to preserve to William . But notwithstanding the Nations and his own Oath ; while the Nobility and People were at the Confessor's Funeral at Westminster , Harold got a Party together at Lambeth , where , as some have it , he set the Crown upon his own Head. The mad Englishman , f as a contemporary Writer has it , would not stay to see what the Publick Election would appoint . Harold's Possession whatever it was , prov'd very short , lasting but nine Months : nor was he ever fully recogniz'd or submitted to by the States , or the Body of the Nation : he never held any Parliament or Convention of the States ; which I take to be the reason that no Charter of his is to be seen , nor have I met with any mention of one : They who fought for him against William , were judged Traytors , and their Estates g forfeited : and it is rightly observ'd by the Lord Coke , that in Demesday , Harold , who usurped the Crown of England after the decease of King Edward the Confessor , is never named per nomen Regis , sed per nomen Comitis Haroldi . Wherefore he leaves him out of his Lift of our Kings . William , according to some Authors was encouraged to his attempt , from the consideration that Harold was neither of the Saxon , nor Danish Royal Stock . When William Landed , he claimed the Crown from his Cousins Gift , with the consnt of the Nobility of the Kingdom , confirmed by Oath : and lays his qualification in being thought the most deserving of all that were nearly related to the Confessor . Harold had nothing to plead against that , but the suggestion , that the Crown had not been setled by a Consent sufficiently formal ; that it was made without a Convention , and Law , of the Senate and People : which 't is no wonder that he should pretend , tho' there were never so formal an Election . Notwithstanding the Right , with which the Norman Duke Landed , he proffered to submit to what the English should decree ; and therefore to a new election if they thought fit . Upon Harold's death , some of the English who dreaded the consequence of receiving William after a bloody Battle , set up Edgar Atheling for King : who , tho' but the second degree from a Bastard , and tho' his Father never had Possession , was look'd upon as the true Heir of the Crown : that is the Person of the last Regnant Branch of the Royal Family , who ordinarily would have succeeded by common consent of the States , if of sufficient Merit ; and reasons of State , or other obligations did not interpose . But the learned a Monk Guitmond , who could bot but know the constitution in this matter , c held him to be but one Heir among many of the Line of the Royal Family . However the generallity of the Clergy thought themselves bound to maintain the Title with which King William Landed , and that'twas b Rebellion to oppose him : yet before his being received for King , he at Berkhamsted made a League , or Contract with the People , headed by the Great Earls , Edwin , and Morcar ; who came up with the Forces from the North , which had never been in the Battle against the Duke . a Part of the League made with the People of England , was , that he should be Crown'd as the manner of the English Government requires : at his Coronation , the consent of the People was ask'd in the due and accustomed manner : and the account Historians give of the Oath he then took , shews it to be that which stood in the Saxon Ritual . After which , he more than once received and swore to that Body of the Common-Law of England , which had obtain'd the name of King Edward's Laws : which , as has been observ'd , declare the end for which a King is Constituted , and that he loses the Name , or ceases to be King , when he answers not , that end . Indeed Dr. Brady , who is as free with his Conquerors Memory , as with the Liberties of England ; b which he calls the Grants and Concessions of the King of this Nation ; will have it , that William the I. regarded his Oath only in the beginning of his Reign , and that by notorious violations of his contract , with the People of England , he acquired the Right of a Conqueror ; and thereby put an end to the ancient Constitution of this Monarchy , and those Liberties and Priviledges of the Subject , which manifestly appear to have been of elder date than the Monarchy . Upon which , if one would return the Freedom of his c Censures against others , it might be said , that this was not only to make the then King the Successor of a Conqueror ; but with a prospect of applying the Rights which he ascribes to a supposed Qonquest , to justifie what should be practised upon the late intended Conquest of this Nation . That the Judgment and Practice of William the I. was very contrary to the Doctor 's Imaginations , will be proved by numerous Instances ; and that it was so as to that part of the Constitution which concerns the Succession to the Crown , appears by that King's Death-bed Declaration : which some would set up for a will , disposing of the Crown at that very time when he owns that it is not his to give . I , says he , a appoint no Heir of the Crown of England , but to the Universal Creator , whose I am , and in whose hands are all things , I commend it ; for I did not possess so great Honour by Hereditary Right : but with direful conflict , and much effusion of Humane Blood , I took it from the perjured King Harold , and brought it under subjection to me . He adds . Therefore I dare not bequeath the Scepter of this Kingdom to any body , but to God alone ; least after my death , worse troubles happen in it by my occasioning . For my Son William , ( always as became him obedient to me ) I wish that God may give him his favour , and that , if it so please the Almighty , he may Reign after me . According to this . 1. He had no right , or pretence , to dispose of the Crown . 2. If some would have regarded his disposition ; so many would have been likely to assert their liberty , that it might occasion great troubles . 3. Providence only could determine who should succeed : which is almost as much as if he said , there is no fix'd or certain right in any body . One reason why he pretended not to dispose of the Crown , was , that he had it not by Hereditary Right , that is , as it came not to him by discent , neither was it disposable like common Inheritances : not but that after he was declared Heir , and admitted King , he had as true an Hereditary Right in the Crown , as any of his Predecessors had : and this is justified by his own and other Charters . In b one , he stiles himself by the Providence of God , and Inheritance of Consanguinity , King of the English . In another , he says , he was c made King by Hereditary Right . In another , he is call'd Heir to Edward by stock and gift : and in Charters of W. 2. and H. 1. their Father is said to have succeeded by a Hereditary Right . Indeed one b of the Charters of W. 1. seems to contradict his Death bed Declaration , or the sense I have given of it : for speaking of his victory over Harold , he says , he acquired the Kingdom due to him and his Successors , to be possessed for ever by Hereditary Right . Yet this if duely considered is no more , than that by his Rightful Possession , his became the Regnant Family ; and the Successions were to be derived from him . His Son W. 2. being , through the prevalence of the English against the Normans , elected soon after the Father's ddeath ; truly succeded upon the old Hereditary Right : and , indeed stood fairer for a recognition than his elder Brother Robert. Dr. Brady observes out of Knighton , that the Barons of England , with the plenary consent and counsel of all the Community of the Kingdom , branded Robert with illegitimacy , because he came not from a lawful Bed. No Man , I believe , has imagin'd that Robert was not the Son of W. 1. by Maud , and that after Marriage : but , as has appeared above , till she had been Crowned Queen of England , she was but as a Concubine ; and her Issue illegitimate : and thus the very qualification to be elected , proceeded from that election which made the Wife Queen . H. 1. Upon this account was to be preferred upon the death of W. 1. before the eldest Brother Robert , then alive : yet he did not scruple to own by his c Charter , that next to God's mercy , this was owing to the Common-Council of the Barons . The Ritual d for his Coronation shews , that he had been elected in a Convention of the States ; prays to God to bless him whom they have elected King ; and declares his Authority to be delegated to him haeeditario judicio , by an Hereditary Judgment , or Decree , constituting him Heir of the Crown . Till he presumed too far upon the love of the People , and bore too hard upon 'em , they never thought of changing him for his elder Brother : nor was his Possession long disturbed . He , well knowing that his Issue had no certain Right of Succeeding him , till the States should agree to it , prevail'd upon 'em , to make two Settlements of the Crown successively ; one upon his Son William , an other after the Son's death upon his Daughter Maud , and both the Settlements were establish'd by a National Oath . But it is observable , that the last was , if the King died without Heir , say some , without Heir-male , say others . According to which , with regard to the ancient Constitution , Stephen , Sisters Son to H. 1. when recognized by the States , became within the express Provision of that Settlement . Agreeably to this , as a we have it from an Author of the Time. H. 1. upon his Death-bed , recommended Stephen to be received by Hereditary Right . And that Author speaks of his Merits , joyn'd with his being of the Royal Stock , as inducements to his Election . As an b other Author has it , because he appear'd fit to Reign , as well for the Dignity of his Stock , as the probity of his mind , they agreed upon a common Resolution , and all with concordant favour , Constituted him King ; a compact being first made , and a mutual Oath , according to the vulgar expression . Maud's Title , tho' under a former Settlement of the Crown , gave him no disturbance , till he either broke his part of the mutual Contract , or at least disoblig'd the Clergy : which made his own Brother c the Pope's Legate , turn against him , and help to bring in Maud ; who refusing to d swear to the Confessor's Laws , was ( chiefly by means of the Londoners , who were very powerful at all Elections ) rejected , and never fully recogniz'd . At that time election was counted no disparagement to a King's Title : for Stephen e not only took into his Title by the Grace of God , by the Assent of the Clergy and People , elected King of England ; but in an f Assembly of the States , in a memorable Speach , too long to be here inserted , appeals to them , who ought rather to succeed in a Kingdom ; one whom the unanimous consent of the Nobility , and the University of the People earnestly wish'd for , desired , elected ? Or one , whom every Sex , every Age , opposed and cried out against ? What more pernicious than against the will of all , violently to snatch the Rights of the Kingdom ? Had Stephen's brave Son Eustace lived , in all probability H. 2. had never succeeded ; and however , was glad to come after Stephen , as his a adopted Heir ; as W. 1. had been , to the Confessor . Neither was Maud's consent ever ask'd to the Settlement , or recognition afterwards , tho' she lived beyond that time : nor did the States take any notice of her pretended Title , after her manifest forfeiture , of all that she could claim by the Settlement in the time of H. 1. or otherwise howsoever . H. 2. knowing that the Consent of the States was the best Title any Child of his could have to succeed him ; and yet that they had liberty of altering a Consent , given upon reasons , which might afterwards sail ; out of abundant care for his Son Henry , had him Crowned in his life time ; which , through French Counsels , put the Son upon insisting on the Rights of Kingship , to the great clamity of the Nation : tho' the Subjects swore Allegiance to him with an b express Salvo for the Allegiance due to his Father . Which , whatever some have thought , or c affirm'd , was d the only Salvo in the Scotch Kings homage , according to ancient custom , for the Crown of Scotland . To H. 2. e succeeded his eldest surviving Son , Richard , but was not accounted King upon the death of his Father . Authors say , he was to be f promoted to be King , by Hereditary Right : which is far from being King by Hereditary Right . But , as the former usage explains such words , he deserved to be elected and made King , in which sense one of g the Authors who lived at the time , immediately explains himself , mentioning his Coronation Oath , after the solemn and due election , as well of the Clergy as People . Before this , he was at first only Earl of Poictou , and then Duke of Normandy , but h not till he had been solemnly invested with the Sword of that Dukedom . And Bromton informs us , that he accepted the Crown upon i condition of keeping his Coronation Oath ; without undertaking which , the Archbishop charged him not to assume the Royal Dignity . He going to the holy Wars after his being Crown'd , his Brother John would have seiz'd the Government as vacant , but had no tollerable pretence , the War having been carried on with a National Consent . Upon this , it was adjudged by a a Common-Council of the Kingdom , that John should be disseiz'd of all that he held in England , which might extend to such right or expectancy as he had in the Crown . Notwithstanding which , upon Richard's death , the great Question came upon the Stage , whether the Crown ought ordinarily to go according to the right of Proximity , or of Representation . The right of Proximity was in John , Brother to King Richard : this was the Right which the English seem'd to think most agreeable to the Constitution of this Monarchy ; and is according to the b Custom of Normandy for Succession to that Dukedom ; and , as c Cujacius supposes , of most Nations . Foreigners were for Arthur of Brittain , as having the right of Representation , being the Son of John's elder Brother : and this was the Right d according to the custom of Brittain in France . But as to the Law of England , it appears by e Glanvil's account of the Law , as it was taken in the time of H. 2. that even for the Descent of private Inheritances , it was doubtful , whether they ought to go to the Grandson , by the eldest Son who died in the Father's life time , or to his next surviving Son. If indeed the eldest Son had in the Father's life time done homage to the Chief Lord for his Father's Inheritance ; this was held to remove the doubt . And Glanvil afterwards says upon the Question between Uncle and Nephew , that the condition of the Possessor is the better . According to which , - King John having obtained Possession of the Crown , had it rightfully , and Arthur had no right to turn him out . John f being beyond-sea at his Brother's death , sent over the Archbishop of Canterbury , and the Earl Marshal of England , to sollicit for his being admitted to the Throne . These Great Men , with the assistance of the Chief Justice of England , prevailed upon many to swear Allegiance to John : and in a Convention at Northampton , those Persons were Sponsors a for John's doing right to all men : upon which condition , or in confidence of his performing what had been undertaken in his name , the Earls and Barons swore Fidelity to him , against all Men : yet after this , he was formally elected in a full Convention of the States , where b the Archbishop declares it as matter known to 'em all , that no man ought to succeed an other to the Kingdom , upon any previous reason , unless unanimously elected by the whole Realm , &c. But if any one of the Royal Stock was more deserving than others , his election ought to be consented to , the more promptly and readily . Notwithstanding what had pass'd in favour of John , in the Convention ; the c Archbishop at the time of the Coronation calls him but Earl. King John not only took the Oath appointed by the standing Ritual , which declares every King of England to be elected ; but assumed the Royal Dignity , as his Predecessor did , with the express condition of keeping his Oath . Having broken this Contract , and notoriously departed from that end , for which , according to the Confessors Law , expresly sworn to by him , he had been constituted or created King ; in making War upon his People with Foreign Forces , with which he exercis'd inhuman barbarities ; and as much as in him lay alienating his Imperial Crown to the Pope : he , in the d Judgment of the Court of France , as well as of the States and People of England , fell from his Royal Dignity : the Throne was e e become vacant ; and during the vacancy , the Administration devolved upon the States : whereupon they resolved to elect a new King , and sent a solemn Embassy to the King of France , to send over his Son Lewis to be King of England ; whose wife was John's Sisters Daughter . But the chief inducement to this Election , seems to have been that expectation , in which they were not deceived , that the a Foreigners would desert John for Lewis . Tho they promised to Crown him King , they , seeing great grounds to dislike his French Temper and Conduct , kept him upon his good behaviour , without a Crown ; And having found by the dying Confession of one of his confederates , that he had sworn , if he came to be once Crowned King , he would treat the English as Rebels to their former Prince ; they soon sent this Probationer packing ; yet did not hold John to be King. After John's death , many of the greatest interest in England , while Lewis was here , and Elianor Prince Arthur's Sister alive in Bristol Castle , ( who , according to the vulgar notion ought to have been Queen ) John's Son : but were far from thinking him King upon the death of his Father ; or from repenting of what they had done to the Father : but they thought it adviseable to cut off Lewis his expectation of the Crown : to which end the Martial of England Summons a Convention to Glocester : where he tells b the States , that tho' they had justly prosecuted the Father for his evil deeds , yet that Infant was innocent ; because he is the Son of a King , and our future Lord , and Successer of the Kingdom , let us Constitute him our King. At last all as with one voice , cried thrice , let him be made King. Here 't is evident that he was not accounted King till Constituted or made , and was but a future Lord : and agreeably to this c Matthew Paris says , they assembled in order to exalt Henry , the King 's eldest Son , to be King of England . He took the Coronation Oath more han once , and at d one of his Coronations , had the Confessor's Sword carried before him , by the Earl of Chester , one of the Earls Palatine of England , for a sign that that Sword was not to be born in vain . He having trod in his Father's steps , the States were likely to have made good their solemn * denunciation 17th of his Reign , of deposing him in a Common-Council of the whole Kingdom , and creating a new King , which as appears by a Bracton a very learned Judge in that Reign , was no more than the then known Law of the Kingdom . Various were the events of a long Civil War , in which at last the death of the great Darling of the Church and People , the then Hereditary High Steward of England , and the bravery of Henry's Son gave him the victory : which they who were on his side , and his own experience of the consequence of his former Counsels , kept withing some bounds of moderation . Henry to secure the Succession to his eldest Son Edward , b had before that success , caused many , and particularly the Citizens of London , to swear to his Son as Successor . And after that it should seem that a Parliament had made c a Settlement of the Crown . For in the 55th of his Reign a Writ was sent to London , the execution of which was return'd into the Parliament that year at Winchester ; and 't is probable the like had been throughout England ; in pursuance of which Writ , the Mayor , Barons , Citizens , and University of the Commons , swore Allegiance to the King , after him to his eldest Son Edward , then to his Son John , after that to the right Heirs of the Crown of England : which not being to the Heirs of either of those Persons , plainly left the Inheritance as I have shewn it was from the beginning . Upon the Father's death , the d Clergy and Laity flock'd to Westminster , where they declared or received for King , Edward , then beyond-sea in the Holy War , so called . Soon after this , as I take it , a great Convention e of the States was holden in his name : there a Chancellor was chosen , and other Provisions made for the Peace of the Kingdom , in Edward's absence : the Writ which they issued out , requiring the Subjects in general to swear Allegiance to E. 1. says , the Government was devolved upon him by Hereditary Succession , a and the Will of the Nobility , and the Fidelity performed , or Allegiance sworn to him . Agreeably to which , Walsingham says , b they recognized Edward their Leige Lord , and ordained him Successor of his Father's honour . Tho' he was a very gallant Prince , yet , having taken ill advice , c being to cross the Seas , he upon a Pedestal at Westminster-Hall Gate , with the Archbishop of Canturbury , and the Earl of Warwick by his side , publickly ask'd forgiveness of his People ; d entreated 'em to receive him again at his return ; and if he died , to Crown his Son King : which they who were then assembled consented to . How much it was then known to concern a King to keep to his part of the Contract , as he would have his People continue bound ; appears by two great Authorities in our Law , of that time , Fleta , who , as to this matter , transcribes Bracton almost verbatim ; and the Mirrour e of Justices ; which speaks of the first Institution of Kings among us , by Election ; for what End they were Elected , and what they were to expect , if they answered not that End. E. 2. as f Walsingham informs us , succeeded not so much by Hereditary Right , as by the unanimous Assent of the Nobility and Great Men. He was for misgovernment , formally depos'd , or g Abdicated from the Regal Dignity , as Walsingham has it ; and his Son Edward was Substituted , or Elected , in his stead . The Son indeed , tho he had headed Forces against his Father , seem'd to scruple accepting the Crown , without his Fathers consent : And ex post Facto , after Edw. 2d . had been deposed , and his Son Elected , with a threat , that if he refused , they would Elect sombody else ; the Father took some comfort at the Election of his Son , and , as much h as in him lay , consented . The Son it must be own'd in a Writ , cited by Dr. Brady , says , his Father amoved himself , by the assent of the Prelates , Earls , i Barons , and other Nobles , and also of the Commonal●y of the whole Kingdom . Which being onely in Writs Issued out of the Chancery , can be of no Force to limit or explain that Act of the States : And was but a civility or complement from the Son to the Father . What the States judged in the matter , will be very plain from the following account , in a contemporary Author . King Edward remaining in Custody at Kenelworth , a a General Council of the whole Clergy and People of England , was Summon'd , viz. of every City and every County and Borough , a certain number of Persons , to Treat and Ordain with the Great Men , of the State of the King and Kingdom . In which Council , at the cry of the whole People , unanimously persevering in that cry , that King Edward II. should be Deposed from the Throme of the Kingdom ; becuase from the beginning of his Reign to this day , he had misbehaved himself in his Government , had Ruled his People wickedly ; had dissipated Lands , Castles , and other things belonging to the Crown ; had , by perverse Judgment , unjustly adjudged Noblemen to Death ; had advanced the Ignoble ; and had done many things contrary to the Oath taken at his Coronation ; Walter Archbishop of Canterbury , pronouncing Articles of this kind , by assent and consent of all , King Edward 2. is wholly deposed , and Edward his eldest Son b advanced to be King of England . And it is Ordained , that from thenceforth he should not be called King , but Edward of Karnarvan , the King's Father . And immediately Messengers were sent from the Council to the said Edward the King's Father , to notifie to him what had been done , and to read to him the Articles upon which he had been deposed . He answer'd , he was detained in custody , nor could contradict their Ordinances ; but said , he would bear all patiently . And it is observable , that a c Statute of the Kingdom 1 E. 3. justifies the taking Arms against E. 2. while he was in Possession of the Throne , and indemnifies all Persons for the pursuit of the said King , and taking and withholding his body . E. 3. who knew that himself came in by and election of the States , being aware that if he should die before any Provision were made about the Succession , the Controversie concerning the Right of Proximity and that of Representation would be revived , between his eldest surviving Son , and Grandson by the eldest who died in his life time ; obtained an Act of Parliament , whereby a Richard , his Grandson by his eldest and best beloved Son , was declared or made , very Heir to the Crown . R. 2. b following the example of E. 2. had the same fate , of which the States of the Kingdom had some years before given him fair warning , telling him c they had an ancient Statute , according to which they might , with the common assent and consent of the People of the Realm , abrogats him , and advance somebody near of kin of the Royal Stock . He not profiting by this admonition , the States were some d years after put to the exercice of their authority , and having adjudged that he e justly ought to be deposed , the f whole States appointed Commissioners , for giving the Sentence of Deposition . And a Record speaking of it , says , he was g deposed for his demerits . The Act of State for this , says 't was , as h in like cases had been observed by the ancient custom of the Kingdom . This being done , Henry Duke of Lancuster i as soon as the Kingdom was vacant , rose out of his Seat , and claim'd the Kingdom begin void . His claim was k al 's descandit be ryght lyne of the blode comeynge fro the gude Lord Henry therde . The reason seems very plain , why he claim'd from H. 3. his being the last inheritable blood which he could claim from : not from R. 2. because deposed : nor from E. 3. because of the forseiture of R. 2. declared or constituted his next Heir : not from E. 2. because of his forfeiture : nor from E. 1. becuase E. 2. had been his next Heir . Hen. 4ths Descent from H. 3. was the qualification for an election . This was not , as has been supposed , a strict right of Succession , l as he was the next Heir then appearing : but he entituled himself to a preference before all other Descendants from that Blood , as being a Deliverer of the Nation from Richard's tyranny : m he having with the help of his Kinsmen and Friends , recovered the Kingdom , which was upon the point of destruction , through the defect of Government , and violation of the Laws . This induced the n States and all the People , unanimously to consent , that Henry should fill the vacant Throne : and they a appointed all the Ceremonies of his Coronation . But as far as proximity to the last King could infer a right , he being Grandson to E. 3. had it before Mortimer descended from Lionel Duke of Clarence , under whom the Family of York claim'd : besides , that H. 4. was undoubtedly the first on the Male line . Tho' no b Lay-man of knowledge and integrity , can be thought at that time to have questioned those grounds upon which H. 4. was declared King ; yet since 't is hardly possible that there should be any Government , which some will not be desirous to shake off , as the Jews did the Theocrasy ; it can be no wonder that some would colour their ambition or malice , under pretence of love to justice ; and that they should object want of right to disturb the most just and equal Government . What was at the bottom of objections against H. 4ths Title , will appear by the case of a true Head of the Church Militant , Merk , or Mark , Bishop of Carlile ; who not being able , as a Divine , to make good his Argument against the receiving H. 4th . for King ; was resolved to justifie it by dint of Sword , after he was made King. For in c second of H. 4. he was indicted , and tryed by a common Jury upon a special Commission , for that he and other his Accomplices , among which there were two bigotted Knights , Blunt and Sely , were d leagued and confederated together with the Adversary and Enemy of England , the French , and thier Adherents ; traiterously to bring the said Adversary into the Land of England , with intention to destroy the King , and all his Leige People of the Kingdom , and to new plant the Kingdom of England with our enemies of France : that they in an hostile manner went up and down , making great destruction and slaughter ; and without any Authority , assuming to themselves . Royal Power , proclaim'd e Richard to be King , and that they would not suffer Henry to be their Lord , or King. To this Indictment the Bishop pleaded Church-Priviledge , as an f anointed Bishop , which the Court over-ruled : the the reason for which is very remarkable ; because the matters contained in the said Indictment , concern the death of our Lord the King , and the destruction of the whole Kingdom of England ; and consequently the a manifest depression of the Church of England , by which he claims to be priviledged : all which is high , and the greatest Treason , and the Crime of laesa Majestas : nor ought any man of right to pray in aid of the Law , or to have it , who commits such a Crime , or intends to commit it , &c. His plea being thus over-ruled , the Bishop pleaded not guilty : but being convicted of the horrid matter contained in the Indictment ; it seems he did not think this a fit cause to die for ; and whether he merited a Pardon or no , by sincere Repentance , at least obtained one : in which it is observable , that he is called b the late Bishop : for this restitution to the Peace , did not restore his Ecclesiastical Dignity . He , who is still called the late Bishop , having a pardon sent him , petitioned to be delivered out of Prison : which was granted upon his finding Sureties for his good behaviour : and four undertook , that he c should for the future behave himself well , towards the King , and his People . Thus the fear of death reformed this stiff Prelate ; and made him engage to sit quietly under a Government , which none but the Enemies to England , and their Adherents , endeavoured to subvert . Still some were found calling themselves Englishmen , who , for the like ends , with Merk , would do their utmost to blemish H. 4ths Title : this occasioned Oaths of Recognition , thrice repeated 5o. d of his Reign : first at a Council of Worcester , then at a Great Council at Westminster , and after that in a full Parliament ; where the two former recognitions , which were voluntary Associations , were affirmed ; e tho' as is there said , there was no need of it . By those Oaths , they acknowledged the then King to be their Sovereign Leige Lord , to obey him as their King ; and acknowledge the Prince his eldest Son as Heir apparent , and inheritable to the Crown of England , to him and the Heirs of his Body . And for default of such Issue to his Brothers and their Issue successively , and f hereditably ; according to the Law of England , to a live and die against all People in the World. The perjury of some , and the doubts rais'd by others , upon some of the expressions in the Act , 5 H. 4. occasioned an other b 7o. which , by the Counsel and Assent , of the Lords Spiritual and Temporal , to wit , the Prelates , Great Men , Peers , and Clergy , and also at the earnest Petition of the Commons , and by Authority of the said Parliament , declares , that the King 's eldest Son , c shall be , and is , and ought hereafter , and now to be , true lawful and undoubted Heir and Universal Successor to the Crown , and Kingdoms of England , and France , and all the King's Dominions , whatsoever and wheresoever beyond the Sea ; and also has right of universally succeeding the King , in the said Crown , Kingdoms , and Dominions . To have to him and the Heirs Male of his Body , and in default of such Issue so in remainder to his Brothers . In an other Charter pass'd in that Parliament , the d Inheritance or Hereditation of the Crown is entail'd upon the King , and the Heirs Male of his Body , then to his four Sons , and the Heirs Male of their Bodies successively . It seems the e next year some doubts arose upon these different Settlements , that 5o. then remaining upon Record : therefore they cancel and make void the Letters Patent of the Entail 5o. and change , and amend that Settlement , which they seem to have thought defective . 1. In only declaring the Prince Heir Apparent , and Inheritable to the Crown ; which was no more than to declare him , before others , qualified to succeed , if the States should Elect him . 2. In declaring him Inheritable only to the Crown of England , without mentioning a its appurtenances ; seeming to think , that in Grants of this Nature , nothing would pass by implication . But to prevent all ambiguities , they being , as is said in that Record , met in a Parliament b according to the Custom of the Kingdom , for divers Matters and Things concerning the King and his Kingdom : The King , with common Consent of the Kingdom , Enacts , That a new Patent be Sealed , constituting Prince Henry Heir c Apparent , to succeed the King in his Crown , Realms , and Dominions , to have them , with all their appurtenances , after the King's Decease , to him and the Heirs of his Body ; and so in remainder to his three Brothers successively : whereby they had a larger Estate than by the Entail 7º which was to Heirs Male. Thus , by Virtue of one or more Settlements , by Authority of Parliament , H. 5. succeeded , and yet it was thought a great instance of the confidence the States had in him , that in a Convention , or Assembly , holden according to Ancient Custom , in which they treated about d creating a new King , some of the Nobility immediately Swore Allegiance to him , before he had been declared King. But it is to be observed , that whereas his Father died the e 20th of March , he is said to be created King on the f 5th of April ; Death cutting off the course of his Glories , his Infant Son , H. 6. came in under the Parliamentary Entail , but the Administration was held to have fallen upon the States , g who , accordingly , after having declared H. 6. King , in full Parliament , pass'd a Patent , constituting Humfry Duke of Gloster Protecter of the Realm , John Duke of Bedford Regent of France , and Henry Beaufort Bishop of Winchester , and Thomas Beaufort Duke of Exeter , Governors of the young Prince . The Death of the brave Duke of Bedford , occasioned not only the loss of France , but the raising the Family of York to a pretence , which in all probability had been buried to this day , had not H. 6ths treacherous Ministers put him upon making Richard Duke of York h Regent of France , after being High Constable of England , and Lieutenant of Ireland . With these advantages , Duke Richard set up under a Mask of Popularity , as if he only sought redress of grievances , while himself was the only National Calamity . As nothing but success could give him any colour of Title , he was forced to conceal his Ambition even from his own Party , till 26 H. 6 yet after a that , acknowledged , and swore to H. 6ths Right , and confirm'd it with the Sacrament ; which Solemnities were to be subservient to his imaginary Divine Right . Tho' by his Frauds and Perjuries , he often came within the prospect of a Crown , b 38 H. 6. he was deservedly Attainted of High-Treason , and an Association , with an Oath , was voluntarily enter'd into by the Lords ; wherein every one severally acknowledges H. 6. to be his most redoubted Lord , and rightwish , or Rightful , by Succession born to Reign over him , and all the Kings Liege People ; that he will do his utmost for the We le , and surety of the King's Person , of his most Royal Estats , and the very conservation and continuance of his most high Authority , Preheminence , and Prerogative , and for the preservation of the Queen , and of Prince Edward his Right redoubted Lord the Prince ; that after the King's Death , he will take and accept the Prince for his Sovereign Lord , and after him the Issue of his Body lawfully begotten ; for want of such Issue , any other Issue of the Body of the King ; that he will never give Aid , Assistance , or Favour , to any thing contrary to the premises ; and that he will put himself in his due undelayed devoir , with his Body , Goods , Might , Power , Counsel , and Advertisement , to resist , withstand , and subdue , all that should presume to do contrary to the premises , or any of them . This Association , not being General throughout the Kingdom , had no great effect ; not so much from any belief the Nation had of Richard's being injured , as from the burdens a Treacherous Ministry induced a weak Prince to lay upon the Subjects : This made the Commons of Kent invite over , from abroad , the Duke and his Party , who had fled from Justice ; then the Tide turn'd , and the King became wholly in the power of the Duke of York , under whose awe and influence a Parliament was call'd , where he laid claim to the Crown , with circumstances , which one would think , were enough to give any Man a face of Title : and yet his pretended Divine Right , countenanc'd by Providence , was mightily qualify'd by the courage of the Parliament , and their regard to the Constitution of this Monarchy . His claim was a as Son to Ann , Daughter to Roger Mortimer , Son and Heir to Philippa , Daughter and Heir to Lionel Duke of Clarence , third Son to E. 3. whereas H. 6. descended from John of Gaunt , the 4th and eldest surviving Son. After Debate among the b Lords upon this matter , these Objections were agreed upon against Richard's pretence of Title . 1. The Oaths they had taken to the King their Sovereign Lord. 2. Acts of Parliament made in divers Parliaments of the King's Progenitors , of Authority sufficient to defeat any manner of Title to be made to any Person . 3. Several Entails made to Heirs Male. 4. That Richard did not bear Lionel's Arms. 5. That H. 4. took upon him the Crown , not as Conqueror , but right Inheritor to H 3. All that is urged materially against this for Richard , is , 1. That Oaths do not bind against God's Law ; and that requires Truth and Justice to be maintain'd : but this being a Spiritual matter , he refers to any Judge Spiritual . 2. That there was but one Entail of the Crown , 7 H. 4. but that this was void against the right Inheritor of the Crown according to God's law , and all Natural laws . 3. It could be justify'd by Record , that H. 4ths saying was not true . Upon which 't is observable , 1. That Richard's answer goes upon a manifest begging the Question , and supposing , that he had a Right which could not be barred by Act of Parliament . 2. That the Lords having mentioned several Entails upon Heirs Male ; we are to believe that there was then upon Record , the Entail upon Heirs Male in the time of E. 3. pleaded by c Judge Fortescue in defence of the Title of his King H. 6. This we are the rather to believe , because there was but one Entail upon Heirs male in H. 4ths reign : nor is Richard's denial any argument against this , it appearing that he thought it sufficient for him to affirm any thing ; and this was to pass for Truth and Law. Thus he denies , that there had been any Entail but 7º H. 4. forgetting that which had been made 5º and was amended 8 H. 4. and so very much did he mistake , that he supposed the Entail 7º to be upon the b Heirs of the Body , when it was upon Heirs male of the Body . 3. What the Lords say of Richard's not bearing Lionel's Arms , confirms another objection against him made by Judge Fortescue , from the Barstardy of Philippa , born while Lionel was beyond the four Seas ; and never own'd by him ; nor did she , or her descendants , till the time of this claim , bear the Arms of that Family . 4. Richard's Right of Descent , admitting there had been no Illegitimacy , is laid as a Right in Nature : but either this must be as the Laws of the Land guide the course of Nature , or , otherwise , we must go back in search of this Right , if not as far as Adam , yet to some descendant from the eldest House of the Saxon Royal Family : to such , at least , as could derive their Pedigree from some House elder than King Alfred's ; which may be done at this day . Besides , if we should look back to a Right in Nature , all the Kings , descendants from H. 2. from whom Duke Richard came as well as H. 6. must have been Usurpers ; H. 2ds Children having being begotten on c another Man's Wife , who had been Divorced for her Adultery ; and therefore by God's Law could not Marry again : nor does it appear , that the Divorce was from the Contract . Or , if this Matter should admit of Debate , such of our Kings as descended from an other common Ancestor , King John , must have been Usurpers ; not only by reasonof John's suppos'd Usurpation upon Arthur of Brittain , and his Sister ; but in that his Children were begotten on d an other Man's Wife , who does not seem ever to have been divorced : and besides , according to the Law of Nature it would seem , that John had a former Wife in being . For he was divorced from her only for their being third Cousins , as H. 2 ds . Wife was from her first Husband , as they were Cousins in the 4 th Degree . If the first Marriages in both cases were void , or voidable , it could have been only by the Laws of the Romish Church ; but if those Laws shall make a natural right , by governing the course of descents , much more shall the Laws of particular Countries . If , by the Law of Nature , Duke Richard meant that which the consent of Nations has made to pass for the dictates of nature ; according to a Cujacius , this Law of Nature is for the right of Proximity , which John of Gaunt , from whom H. 6. descended , had to his Father before R. 2. and H. 4 John of Gaunt's Son , had before the Son of Lionel's Daughter , supposing her legitimate . And by that Law it should seem , that Males are ordinarily to be preferred before Females ; tho' their Vertues have often rais'd 'em to Empire . Farther yet , if by this he meant the Law of reasonable nature ; what shadow of reason can be assigned , why b the eldest Issue of a King 's eldest Child , whether that Issue be an Infant , or void of understanding , or humanity , ought universally , to succeed to Crowns , before the King 's eldest surviving Son ; whatever be his Merits , or the exigencies of the Publick ? And why should not a moral incapacity in this sense be a natural one ? But if the Great Lawyer Fortescue ; who , as may be seen by the Rolls of the King's Bench , was Chief Justice there from before Richard pretended to the Crown , and to the end of H. 6 ths Reign , may be allowed to speak the Sense of the Learned in that Time ; they held the Power of the Prince c to flow , or be derived , from the People : according to which , it must have been taken to be more according to natural right , that the People , who appointed the Succession in any Family , should govern and vary it , as they saw occasion ; than that from their pitching upon a Person , or Family , they should be for ever debarred from doing justice to the demerits of one , and to the merits of another , in that very Family . I am sure the learned Grotius , who distinguishes d lineal Succession from Hereditary , says , e an Hereditary Kingdom is one which was made so by the Peoples free consent . And in such Kingdoms he supposes several Rules of Succession , by guessing at , or presuming , the will of the People . If Duke Richard would have admitted the Law of the Land , to govern the course of Descents and Successions to the Crown ; then 't is evident beyond contradiction , that H. 6. came in by a legal and natural course of Descent : and , however , according to laudable custom from the beginning of this Monarchy , Acts of Parliament may alter that course . However , the timerous a Lords , without concurrence in that matter of the stouter Commons , agreed , that the Duke's Title could not be defeated : and yet thought not themselves discharged from their Oaths to H. 6. unless he would consent to the mean , or expedient , they found out : which was , for the King to keep his Estate and Dignity Royal during his life , and the Duke and his Heirs to succeed him in the same . To this both the King and Duke consented : but neither the King 's Right to the Possession , nor the Duke 's to the reversion , arose from their private agreement , but from the b Authority of Parliament ; according to which , the King had as much right c to the Possession , as the Duke to the reversion . And it remains as the judgment even of that Parliament , whatever force or awe were over it , that Richard Duke of York had no right to the Possession ; and neither was King , nor of right ought to be King , till H. 6. should die , or cease to be King. Nay even E. 4 ths Judges owned , that H. 6. was not a meer Usurper , d because the Crown was entailed to him by Parliament . As a just judgment upon Richard's pretence of Title , contrary not only to the National , but Divine Authority , giving sanction to the Laws of the Kingdom , and his own Oaths ; he died within sight of the Promised Land. But e soon after his death , his Son Edward having less to answer for , and success to recommend him to the People ; upon more specious pretences , succeeded H. 6. by a manifest election . Tho' he and his Father had , upon the agreement established in Parliament , sworn to be true to H. 6. during his life , or till he should freely quit his Crown ; the dread of their Arms got a liberty for 'em to enter their protestations , that this was upon the express condition , that the King performed his part : but if he should compass or imagine the death or destruction of the Duke , or his Blood , should forfeit the Crown . And indeed it seems that the first acts of Hostility after this agreement were committed by the Queen , and others of the King's Party ; who in attempting to rescue him out of the custody of the Duke of York , put an end to his pretensions with his life . But his Son Edward a having routed the Earl of Pembroke and other the King 's Loyal Subjects , in a Battle near Ludlow , march'd up to London , where he was received with joy on the 28 th of February . Then he calls a Great Council of Peers , to whom he opens his claim , upon the King's breach of the Articles . After the Lords had considered of the matter , they b determined by Authority of the said Council , that forasmuch as King Henry , contrary to his Oath , Honor , and Agreement , had violated and infringed the order taken and enacted in the last Parliament ; and also because he was insufficient to rule the Realms , and unprofitable to the Common-wealth ; he was therefore , by the aforesaid Authority , deprived and dejected of all Kingly Honor , and Regal Sovereignty : and incontinent Edward Earl of March , was , by the Lords in the said Counseil assembled , named , elected , and admitted for King and Governour of the Realm . After this , the same day , the consent of the c common People was ask'd in St. John's Fields ; where a great number , were assembled . The Lords being informed of the consent of the Commons , acquainted the said Earl with their election , and admission , and the loving assent of the Commons . The next day he went to Westminster , where his Title and Claim to the Crown was declared . 1. As Son and Heir to Richard his Father ; right Inheriter to the same . 2. By Authority of Parliament . 3. d And forfeiture committed by H. 6. The e Commons being again demanded , if they would admit and take the said Earl , as their Sovereign Lord ; all with one voice cried yea , yea : which agreement concluded , he was then proclaimed . Here it is observable . 1. That Edward did not claim upon any Title Prior to the Settlement in Parliament , 39 H. 6. and therefore , in effect , claimed as adopted Heir to H. 6. as H. 2. had been to King Stephen . 2. He alledges against H. 6. forfeiture , by breach of the Contrac̄t establish'd in Parliament ; and a Moral incapacity in him to Reign . 3. Notwithstanding this , he does not set up as King , before a solemn judgment pronounced against H. 6. and in favour of him ; and the formallity of a publick election . 4. It appears , that tho' he came to London , and was possessed of the head and strength of the Kingdom ; and Hen. 6. had , in effect , abdicated , he , who according to the modern notion of the Successionaries , should have been King upon the death of his Father , was not King , nor so reputed by his own Party , till all those accustomed ceremonies were over ; the last of which was a on the 4 th of March. Now if it shall prove , that in the judgment of King Edward's own Parliament , his right ot turn H. 6. out of Possession , was founded in H. 6 ths breach of the Contract , establish'd in Parliament ; that E. 4. was not King till the 4 th of March ; and that no Act committed against him before that day , was Treason ; nor was there , or could there be Treason against his Father , who never had been King : then it will appear , that some consent , or election , of the States , or People , was essentially necessary to make a King , even of one who had , or at least was suppos'd to have , all the right that descent could give him : and that the other King must have forfeited , or ceased to be King , before such right could be duely claimed . But , 1. The Act of Parliament declaring b E. 4 ths Title , is held to be a restitution to the same : so that the very Title , or Right was as if it had been extinguished . 2. It is in that Act c particularly insisted on , that H. 6. had declared before witness , that he would not keep the contract established in Parliament ; and is expresly charged with the breach of it . 3. E. 4. d is adjudged to have been in lawful Possession of the Realm , upon the 4 th of March ; and [ on that day ] lawfully seized , and possessed . But not before : and then the exercice of the Royal Estate by E. 4. and amotion of H. 6. are declared rightwise , lawful , and according to the Laws and Customs of the Realm . 4. That Act says the Crown ought to have descended to Edward's Ancestor , and after his decease to the next Heir of Blood : if the same Usurpation had not been committed . Wherefore , according to that Act , the Crown did not descend to any one of Mortimer's Family , while the Person who they supposed to have usurped the Crown , or any descendant from him , kept Possession . 5. Edward's Parliament held his Father to have been no more than Duke of York : and tho' in the a Act attainting H. 6. he is charged with the Murder of Richard Duke of York , the first Treasonable Fact in H. 6. and others , is laid in levying War on the 29 th of March , and imagining to depose their Sovereign Lord Edward : who had been declared King on the 4 th of that March : and H. 6 ths forfeiture is laid in acting against his Faith and Allegiance to his Sovereign Lord : whereby they plainly shew , that as there could be no Treason against the Duke of York , because he was never received for Sovereign Lord : neither could there have been any against E. 4. unless he had been so received . 6. If any now will own his present Majesty to have right by Law ; and yet refuse to declare him rightful King ; They go no farther then E. 4. and his Party did , even after his Possession , in relation to such as they held to be Usurpers . And should such Men add , that neither has the late King any right ; as it is probable that they mean , that he has no right making him King ; they therein would still keep to that President . But then if they would exactly follow that , they must believe that the late King cannot be duely restored to the Regal Dignity , till he should be received by the election , or consent , of the States , or Body of the People : nor could that be rightfully done , unless his present Majesty in a legal sense ceased to be King ; before such election , or consent . Thus far I am sure they cannot come without a manifest departure from their avowed Principles : and , therefore , to keep to them , they must give up the only colourable Authority for their notion of King de jure , and de facto . And they must yield , that there is not the least shadow of pretence , from what was held in those times , that there was a King of right , at the very time that an other was in fact : it going no farther , than that the Person who was King , ought not to have been King ; but while he was King the other was none . 7. The judgment of E. 4 ths first Parliament , whatever hard names they gave that Family , on which they trampled , was so far from being an Authority , as has been a pretended , against the receiving his present Majesty , upon the late King's breach of the Original or Common-Law Contract , confirmed by several declaratory Statutes of the Kingdom , and the solemn Oaths of our Kings ; that it is express for the b eviction and amotion of one King , upon his breach of a contract establish'd in Parliament , and the setting up an other by an election . And it is observable that the Act 1º e E. 4. which confirms several judicial and other Acts of such as it calls Kings only in fact , says , other than by Authority of any Parliament holden in their times ; plainly admitting that Authority to be sufficient in it self . H. 6. coming again into Power ; because of a Possession with such a consent of the People as made E. 4. King ; was c formally again elected at the Tower : and in H. 7 ths time , d was adjudged to have had his attainder purged , by his re-adeption of Power : which seems not to have been till he had been re-elected . Then H. 6. calls a Parliament , where he in his turn attaints the Adherents of E. 4. and , as we are to believe , himself : but the Record of that having been cancelled , and the Rolls loss'd , it appears not whether it was for any Act committed before H. f 6 ths re-adeption of Power . The Tide again g turning for E. 4. all the Acts of that Parliament are reversed and declared , or made , void : from the time that he had been declared , he was held to have continued the Possession of the Regal Dignity , tho' with-held from the exercice of the Power ; and therefore H. 6. from the first admission of E. 4. to the Crown , was accounted no King , and his Parliament to be but a pretenced Parliament . E. 4 ths usage of H. 6. was repaid to his Sons by their Uncle R. 3. some will have it that he made them away , as indeed is intimated in the Act attainting R. 3. but 't is certain that they were bastardized in a Convention , whose Acts were by a Parliament after Richard was admitted King , declared for truth , and not to be doubted ; and there are b Authorities to induce the Belief , that Edward's Sons were really Bastards , by reason of the Father's pre-contract : however the c Convention declared , that they were not fit to Reign , because they were Infants , and their Mother ignoble , and married clandestinely without the knowing and assent of the Lords . George Duke of Clarence , the next Brother to E. 4. having been attainted in a Parliament of E. 4. they having singular confidence in Richard's particular merit , have chosen in all that in them is , and by that their certain writing , choose him their King and Sovereign Lord , to whom they know of certain , it appertaineth of Inheritance to be chosen . And observing that tho' the Learned in the Laws and Customs know his Title to be good , the most part of the People is not sufficiently learned in the Laws and Customs ; they declare that the Court of Parliament is of such Authority and the People of this Land of such a disposition , as experience teacheth , that Manifestation and Declaration of any Truth or Right made by the three States of the Realm assembled in Parliament , and by Authority of the same , maketh before all other things most faith , and certain quieting of mens minds , and removing the occasion of doubts and seditious language . Therefore by the Authority of that Parliament , it is pronounced and declared , that their Sovereign Lord the King , was , and is , the very undoubted King , as well by right of Consanguinity and Inheritance , as by lawful Election , Consecration , and Coronation . And they Enact , Establish , Pronounce , Decree , and Declare , Edward the King 's eldest Son Heir Apparent : to him and his Heirs of his Body . Any Man who compares that Act at large with the former Presidents ; must see , that it was penn'd with great Wisdom , and regard to the Constitution of the Monarchy . And tho' out of an usual complement to the prevailing side , R. 3. has generally been represented as a Monster in Person , and Nature ; the learned Buck has made it doubtful , which was the most deserving in all things , R. 3. or H. 7. Certain it is , that tho' the Crown had , by Authority of Parliament , been settled in remainder after H. 6. upon a Duke Richard and his Heirs ; and that Duke's Grand-daughter was alive and marriageable , in the Reign of R. 3. her suppos'd Right gave him no disturbance , and his Possession was very quiet till he disobliged the Duke of Bucks ( who was the great Instrument in setting him up ) by rejecting his Claim to be High-Constable of England : which was an Authority dangerous to be trusted in the hands of so popular a Man : nor could the Duke and his Faction expect to succeed in their conspiracy , without the support of French Forces : and , accordingly , applied themselves to Henry Earl of Richmond , afterwards H. 7. with whom the Duke of b Brittany had for some years kept even E. 4. in awe . Henry was glad of the opportunity : and , to strengthen his Interest , agrees with some of his Party to marry the Daughter of E. 4. but was far from making any claim in her right . It is very probable that one of E. 4 ths Sons was then alive : be that as it will , as appears by the Statutes 1 H. 7. cited above , his Parliament held that he landed with Title : and R. 3. being deserted , and slain in the Field of Battle ; that opposition to Henry was , by Authority of Parliament , adjudged Treason against the Sovereign Lord of this Land : and H. 7 th . was held to have recovered his right . After this , when H. 7. meets c his first Parliament , he , with his own Mouth , tells the Commons in full Parliament , that his accession to the Right and Crown of England , was as well by just Title of Inheritance , as by God's true judgment , in giving him the victory over his enemy in the Field . In which , bating the Settlement in the time of the Confessor , H. 7. claim'd as W. 1. did , by the Inheritance of consanguinity , and that Success which gave him the preference before others of the same Blood ; especially , since that enemy , whom he subdued , was held to be an Usurper . This 't is evident , that he was accounted before H. 7. Landed . But if it be truly considered , his Usurpation , if any , must have consisted in the Tyrannical Exercice of his Power , which the Duke of Bucks had urged to justify his Arms , and not from the assuming it ; and that H. 7 th's Sovereignty was founded in that election of the Body of the People , without a formal Convention , which pitch'd upon him as a fit Person to deliver them from their real or imagin'd Yoke . This will appear beyond contradiction , from the proceedings of the Parliament upon his Claim , and the moral impossibility of giving it any other colour . However , the Parliament took to it self full Authority in the matter ; and a declaring their hopes that it might be to the pleasure of Almighty God , the Wealth , Prosperity , and Security of this Realm , by Authority of Parliament settles the Crown upon H. 7. and the Heirs of his Body , exclusive of all others . After which , indeed , they desire him to marry Eliz. E. 4th's Daughter , b that by God's Grace there might be issue of the Stock of their Kings : but then special care is taken , that neither the King , or the Children by that marriage , should be thought to derive any Title from her : for tho' they , by Authority of Parliament , repeal her Bastardy declared 1º R. 3. they , by c the said Authority , ordein , that the then Act ne eny clause in the same , be hurtful or prejudicial to the Act of stablishment of the Crown of England , to the King and the Heirs of his Body begotten . After this H. 7. obtains a Bull from the Pope , which says d the Kingdom belonged to him , not only by right of War , and notorious undoubted e nearest Title of Succession ; but also by the election of the Prelates , Peers , Great Men , Nobles , and the Commons of all the Kingdom of England ; and by the known and decreed Statute and Ordinance of the three States of the said Kingdom of England , f in their Convention called a Parliament . According to this , tho' his Reign was held to have begun before he had been declared King , it was , as I shall have occasion to observe in other cases , only by way of relation to that solemn Investiture ; without which he had never been King. That his Right must have been derived from a plain Election , is very evident ; for , 1. He had been a attainted in a Parliament of R. 3. and if the Royal Blood could not be so attainted but whenever a former King ceased to be King , the Person so attainted , standing next to the Crown , should have his Attainder purged by the descent of the Crown ; then according to them of this Opinion , the Earl of Warwick , Son to George Duke of Clarence , who had been attainted by Parliament in the Reign of his Brother E. 4. must have had the Right before H. 7. And yet , if we regard the distinction between Proximity and Representation , H. 7. was , in that respect , more truly the b next Heir to the Crown . But however , the resolution of the Judges , c 1 H. 7. has been taken , they held the disability to cease eo facto , that he took upon him the Royal Dignity to be King ; nor by any imagined Right of Descent . 2. At least , one of the Children of E. 4. was alive when H. 7. came to the Crown . 3. Tho' in truth , it appears by the Statute reversing the Attainder of H. 6. to have been the judgment of H. 7th's Parliament , that H. 6ths Family , of which he was , ought to be the reigning Family ; yet H. 7. had no pretence to preference in that Family , but from his Merits , and the People's Choice . For , 1. His own Mother , who stood before him upon that Line , was then alive . 2. He came from a Bastard branch , his Ancestor being the Bastard Son of John of Gaunt , during former Marriages on both sides . And tho' there was a legitimation d 20 R. 2. that neither did , nor was intended to extend to capacitate for the Royal Dignity : However , H. 7. is , in an Act of Parliament , called e Natural Sovereign Leige Lord. Certain it is , that he was never in his time , or after , Authoritatively declared , or accounted , King only in Fact : and they who will take the distinction of King in Right and in Fact , from the last Parliamentary Declaration in this matter , before the Revolution , must hold ; that till the restitution of the younger House , which had been settled the Regnant Family for three Reigns successively ; all the Kings of the elder House were Kings only in Fact , but not of Right . And yet it is not to be thence inferred , that while they of the elder House had possession , they were to be accounted Usurpers , for not standing first upon that Line which ought to have had the preference : But when any Prince of either branch , had Justice done to his Merits , who would not say , that he ought sooner to have been King ? H. 8th a came in under the Authority of Parliament , which had made H. 7th the Head of a new Succession , as the Crown had been Entail'd upon him and his Issue . And tho' H. 8th's Mother was Daughter to E. 4. whatever Dr. Brady b suggests , it has appeared above , that particular care was taken by H. 7th's Parliament , that the Crown should not be thought to descend by proximity of Blood ; but that the Right of Succession was to be derived from Parliamentary Authority . It is beyond contradiction , that in the judgment of H. 8th . and his Parliaments , the inheritance of the Crown was variable as Parliaments should determine ; and that no Man could rightfully succeed , without such appointment . By Authority c of his Paliament 25o. the Marriage with Katherine , Mother to Queen Mary , was declared void , and that with Ann , Mother to Queen Elizabeth , lawful , and the Children made inheritable , according to the course of Inhetances , and laws of this Realm ; first to Males , then to Females : 't was made High-Treason by Writing , Print , Deed , or Act , to attempt any thing to the prejudice of that Settlement ; and the substance of an Oath was appointed d afterwards made more express , by another Statute , repealing all Oaths to the contrary , and engaging the Subjects , in maintaining that Act of Succession , to do against all manner of Persons , of what estate , degree , or condition soever he be . By a Authority of Parliament , 28 H. 8. the Marriages with Queen Katharine and Queen Ann , are declared unlawful , and the Children illegitimate ; and the Crown is settled upon the issue of the Body of Queen Jane , E. 6ths Mother : for want of such issue , to such Person and Persons as the King should appoint by Virtue of the said Act. And it provides , that if any should attempt to succeed contrary to that Settlement , they should lose and forfeit all right Title and Interest , that they may claim to the Crown , as Heirs by Descent , or otherwise . The reason for reserving an appointment to the King is very remarkable ; because , as the words of the Statute are , If such Heirs , should fail , as God defend , and no Provision made in your life , who should rule and govern this Realm ; for lack of such Heirs , then this Realm , after your transitory life , shall be destitute of a lawful Governor : or else per case encumbred with such a Person , that would covet to aspire to the same , whom the Subjects of this Realm shall not find in their hearts to love , dread , and obediently serve , as their Sovereign Lord. And all offenders against that Act , their Abetters , Maintainers , Fautors , Counsellors , and Aiders , were to be deemed and adjudged High Traytors to the Realm . According to which it is very evident , 1. That no Person would have had Right to succeed , who was not within the express limitations then made ; or the future Provision by Virtue of the Authority of that Parliament . 2. If any Person should aspire to succeed from a pretended Right of Proximity , or the Settlement 1 H. 7. he would have been an Incumberer , or Usurper , of the Realm : unless the Subjects should find in their Hearts , or freely Consent , to serve him as their Sovereign Lord ; that is , till he should be elected King. 3. That till the election of another King , there would be a vacancy ; and whoever would pretend to be King till Elected , was punishable as a Traytor to the Realm . By b Authority of the same Parliament , the Illegitimations of Mary and Elizabeth are continued ; yet if the King , and Prince Edward should die without Heirs of their Bodies , the Crown was to go to the two Ladies successively : but their respective interests to determine , if they did not perform such Conditions as the King should appoint . And in case of failure of Issue , or in performance of the Conditions , least the Realm should be destitute of a lawful Governor , the Crown was to go as the King should appoint , in such manner as is there directed . The a Settlement by Authority of Parliament , 28 H. 8. was by the same Authority confirmed in substance 35º , with a repetition of the inducement to place in the King a Power to appoint a Successor . But whoever should have been so appointed , or , for want of such appointment , elected by the Estates upon a vacancy , according to a Statute 25 H. 8. and that above cited 1 H. 7. would have become a natural Lord. That what I have observed in Acts of Parliament in the time of H. 8. proceeded not from the prevalence of any Party , or compliance with the King's humour , but was the settled Judgment of the Learned of those times , how much soever divided in other matters , may appear by some passages between the Learned Sir Thomas Moore , who had been Chancellor , and Ryche then Solicitor General . Sir Thomas being a Prisoner in the Tower , for not owning the King's Supremacy , Ryche , to perswade him to comply , used this argument : b If , says he , it should be enacted , by Authority of Parliament , that I should be King , and that if any one should deny it , it should be Treason , would you say that I were not King ? For certain , adds he , in my conscience this would be no offence , but you would be obliged to say so , and to take me for King : because your own consent was bound by the Act of Parliament . Sir Thomas Answers , it would be an offence , if he should say he were not King : because he should be bound by the Act ; for that he might give his consent to that matter . This , he said , was a light case : But what if a Parliament should enact , That God should not be God ? Ryche replies , It was impossible God should not be God. But , says he , because your case from God is sublime , I will propose to you this of an inferior Nature : You know our King is constituted Supream Head on Earth of the Church of England , and why ought not you , Master Moore , so to affirm and take him , as well as in the case above , of my being made King ? In which case you grant , that you would be obliged to affirm , and take me to be King. Moore says , these were not like cases , because a a King may be made by Parliament , and may be deprived by Parliament : to which Act , every Subject being present in Parliament , may give his consent : But to the case of the Primacy , he cannot be obliged , because to that he cannot give his consent in Parliament , &c. And it is observable , that tho' this is set forth in the Indictment against Sir Thomas Moore , it is only used as proof of his denying the Supremacy ; without any aggravation from what he says of the Power of a Parliament in the present Question . E. 6. b succeded H. 8. according to Parliamentary Settlements , without any formal recognition . Nor was c Mary , his half Sister , who succeeded him , recognized , but her Parliament thought it for her Honour to take off her illegitimation , tho' that was not necessary to give her a Right to the Crown : nor did that Parliament use any expressions whereby they might seem to think so . When she came to marry Philip King of Spain , they fully asserted their rightful Power ; all the marriage Articles being settled by d Authority of Parliament : By that , Philip is made an English King : e Another Parliament makes it forfeiture of Goods and Chattels , and perpetual Imprisonment the first time , and High-Treason the second , after a former Conviction , maliciously to maintain , that either of them ought not to enjoy the Stile , Honour , and Kingly Name . Her Right was founded upon the express limitation to her by Authority of Parliament ; and her Husband 's not in f marrying her , but the consent of Parliament . Upon the same Right her half Sister Elizabeth succeeded her . By that good Providence which so often appear'd for her , Mary dying g while a Parliament was sitting ; The States , with general consent , decreed Elizabeth to be proclaimed true and lawful Heir to the Crown , according to the Act of Succession , , 35 H. 8. And in the Act of Recognition , she is declared , a their rightful and lawful Sovereign Leige Lady and Queen . Soon after this , in a Letter written with her own hand b to Ferdinand the Emperor , she tells him that she by God's goodness succeeded her Sister , by right of Inheritance , and consent of her Subjects . Tho' she had sufficient opportunity to have procured an Act of Parliament to take off her illegitimacy ; she seemed with wisdom to decline it . 1. Because the Authority of Parliament , under which she claimed , was more generally acknowledged in those days in relation to the Succession of the Crown , than in voiding or confirming Marriages : which has been held a Spiritual Matter . 2. To admit that she owed her Crown wholly to the Authority of Parliament , could not but be more popular , than to pretend to it by right of Blood. In the c 8 th and 9 th of her Reign , the Lords addressed to her , that a Successor might be appointed in Parliament , least God should call the Queen , without certainty of Succession : and affirm , that the not granting their request , would leave the Realm without Government . In the d 13 th of her Reign it is made Treason during her Life , and forfeiture of Goods and Chattels after her death , to deny the Power of Parliament to limit and bind the Crown , and the Descent , Limitation , Inheritance , and Government thereof ; and a penalty is set upon them , who should affirm , that any , but the Issue of the Queen's Body , had right to succeed after her . For any one who expected the Crown , to pretend to it while she lived , is made disability during life only : but by a e subsequent Statute approving and explaining the voluntary Association of the Subjects that year , every such Person is excluded and disabled for ever . And tho' at f the time of giving judgment against Mary Queen of Scots , it was declared to be without prejudice to her Son ; that could not hinder the operation of the Law upon that Statute : and I would gladly know how he could have any right , since he had no pretence as a special Heir , under any Parliamentary Settlement then in force . Upon the Queen's Treaty of Marriage 14º of her Reign with the French King's Brother , she declared a that she could not grant , without the assent of the States of the Realm , that he should be Crowned after the Marriage . In b an information in the Exchequer 21º of her Reign , upon which judgement was given , with the advice of the Judges of both Benches , Lands are said , after the death of E 6. to have come to Queen Mary , as his Sister and Heir , as in right of the Crown ; and so from her to Queen Elizabeth : In both which instances , according to the judgment of that time , the rightful Possession of the Crown made them Heirs to their respective Predecessors : notwithstanding the half Blood of both , and the continuing illegitimacy of one of them . That c J. 1. could not rightfully succeed that glorious Queen , without an election by the States of the Kingdom , had been declared with sufficient Authority in her time , and in the time of H. 8 th . and without such Declaration would appear by the observing how the Law stood , and was taken in all former times . But whatever right was ascribed to him after he got Possession ; his Party here found it requisite to set d up a will or nomination of Queen Elizabeth , to facilitate his accession to the Throne . Then with a new strain of Loyalty , Judges , Lawyers , and Juries , concurred in making attempts to prevent his coming to the Crown , Treason : the like of which , withal its Circumstances had not been known in any Age of this Monarchy . Tho' there had been Treason against W. 1. before his actual admittance to the Crown , it was , as has appeared above , after a National Settlement upon him by name : and this was the case of the unfortunate Lady Jane , and others who set l er up against Queen Mary . Yet that complement to J. 1. was but suitable to the flattering Act of Recognition 1º of his e Reign : according to the Preamble of which , immediately upon the decease of Queen Elizabeth , the Crown did by Inherent Birth-right , and lawful , and undoubted Succession , descend and come to him ; as lineally descended from Margaret , Daughter to However , that Parliament made no Law in the Matter , and , by good luck , left the constitution as they found it : for they made no Settlement of the Crown , only offered that recognition as the first Fruits of their Faith to him , and his Royal Progeny , and Posterity for ever ; which , if it had been a Settlement , would amount to no more , than what had been usual in former times ; for Parliaments to make a branch of the Royal Family , a new head of future Successions : but by this any one of the Issue , or Posterity , stood fair for an election . Yet , possibly , the Parliament had not been so forward with these Fruits of their Loyalty , but for his Speech to 'em , wherein he says , a Every King in a settled Kingdom is bound to observe the Paction made to his People by his Laws , in framing his Government agreeable thereto . And a King governing in a settled Kingdom , leaves to be a King , and degenerates into a Tyrant , as soon as he leaves off governing according to his Laws . In which case the King's conscience may speak to him , as the poor Widow said to Philip of Macedon ; either govern according to your Law , or be no King. The Parliament take him at his word , and grafting upon it , say , b His Majesty hath vouchsafed to express many ways , how far it is , and ever shall be from his Royal and Sincere Care and Affection to the Subjects of England , to alter , or innovate , the Fundamental , and ancient Laws , Priviledges , and good Customs , of this Kingdom : whereby not only his Legal Authority , but the Peoples security , of Lands , Livings , and Priviledges , both in general , and particular , are preserved and maintained . And by the abolishing or altering of the which , it is impossible , but that present confusion will fall , upon the whole state and frame of this Kingdom . Where , in as modest terms as they could , they bid the King , at his peril , to violate the Fundamental Laws , on which his regal Authority depended , as well as their Rights and Priviledges . But that King soon forgot upon what terms he had been received King ; and , getting the leading Clergy on the side of his Divine Right , it pass'd at that time as the Doctrine of the Church of England . While this fit of Loyalty lasted , C. 1. succeeded as by inherent Birthright , without any formal recognition : which then began to be thought needless . The occasions of the War between him and his Parliament , I shall not enquire into , but shall content my self with Dean a Sherlock's concession ; who , as he will not dispute the lawfullness of resisting the King's Authority , and whether it were lawful for the Parliament to take Arms against the King , to desend the Laws , and Liberties of their Country ; admits that they had a b right to keep the King within the boundaries of Law : these C. 1. apparently broke ; and where there is no c Tribunal on Earth to appeal to , the Dean allows use of the Sword. But whatever was the consequence of that War , there has been no reason for the Pulpits to sound to loud , and long as they have done , with , denunciations of God's wrath , but , indeed , the Clergies , against this Kingdom , for what hapned in a War , for which the Parliament and People , who would not have carried the Point so far , as it unhappily went , are not to answer . C. 1. dying a deplorable death , the Nation was left without the exercice of any Legal Government , till the Restoration of C. 2. who was accounted King from the death of his Father . But by what Law , or in what respect is worth enquiry , and will it appear . 1. That the supposed Maxim that the King never dies , d is of very late and doubtful Authority , in comparison with those which shew that no Man was , or ought to be accounted King , till he had been formally recognized . 2. Yet tho' this should be true , when any Prince succeeds in vertue of a Settlement , made in the Ancestor's life time ; it will not be so where there has been none , as was the case of C. 2. 3. If one should in the eye of Law be King immediately upon the death of an other , it would not follow that this would be by a strict right of descent ; but that after the being admitted King , there should be a relation backwards , to prevent the loss of any rights belonging to the Crown : and thus it was plainly taken by the Chief Justices Dyer e and Anderson , who say , that the King who is Heir , or Successor , may write and begin his Reign , the same day that his Progenitor , or Predecessor , died . And agreeably to this , it was the resolution of all the Judges of the King's Bench in Elizabeth's time , that a saving to a King and his Heirs , shall go to a Successor of the Crown , tho' not Heir to that King. That J. 2. made too great haste to succeed his Brother C. 2. now at least Men will be apt to believe : of whom I shall observe only in short , 1. That he was within no Parliamentary Settlement of the Crown then in force . 2. The best pretence J. 2. had of coming to the Crown without an immediate election , must have been the Settlement 1º H. 7. But no shadow of reason can be assigned , why the late Act of Settlement was not as rightful , and with as true Authority , as that 1º H. 7. 3. J. 2. being reconciled to the Sea of Rome , which is High Treason by a our Law , and for which he had been convicted in his Brother's time , if the Indictment had not been arbitrarily defeated , was as much disabled from succeeding to the Crown , as the Family of George Duke of Clarence , by reason of that Duke's attainder . 4. Admit the assuming the Royal Dignity , had purged the former disability ; the continuing a Papist was a constant incapacity to be the Head of this Protestant Church , and Kingdom ; rendring it impracticable for him to answer the end for which our Kings had been constituted . 5. He was never duely invested with the Royal Dignity b not having taken the appointed Coronation-Oath : which for his sake , was traiterously altered ; with an omission of the Rights of the People , and an unjustifiable Salvo for Prerogative . Nor was he ever fully recognized . 6. By seizing the Customs , and raising Taxes , without Authority of Parliament , dispensing with the Laws of the Kingdom , raising and keeping a standing Army in the time of Peace , and the like enormities ; he violated that constitution which should have made or kept him King : and if he ever was King , more than Harold , the Son of Earl Godwin , manifestly ceased to be King , before his abdication . 7. However it may have been at his first leaving the Kingdom , without any other Government , than what , according to ancient Custom , fell upon the States of the Kingdom ; he , having since discovered a settled intention to destroy the People of England , or the greater part of 'em , by a Foreign Power , with their Party here ; according a to those Casuists who are most favourable to such rights as he has claimed ; from the time , at least , of his manifesting such intention , he ceased to be King : and His present Majesty having been regularly declared King ; the other is totally barred from all claim , and colour of pretence . How great a noise soever some make for him since his flight after their deseting him ; the greatest sticklers for his suppos'd rightful Authority , being disappointed of their sanguine expectations , warmly opposed his exercice of those rights to which their servillity had encouraged him : the very Bishops , who for his sake have set up for heads under him of a separate Church ; not only disobeyed his b positive commands in matters which at other times , at least in things of the like nature , they would have contended to belong to his Headship of the Church ; but c they would have limited his Power little less than the 19 Propositions to C. 1. which they had long seem'd to abhor . Some of their Party , if not themselves , joyn'd in solliciting his present Majesty to undertake our Deliverance : and a certain Person who would be thought never to have departed from their Principles , is said to have gone so far as to sign the invitation : tho' upon second thoughts he desired to have his name scratch'd out . The Bishops being required to sign d an abhorrence of that enterprize , absolutely refused it . Their Archbishop was one of them who e petitioned his present Majesty to take the Government upon him , before the late King left England : and Non-assistance to their jure Divino King , was become as Catholick Doctrine as Non-resistance . During this time the designs of the Party were kept secret , but the People began to hope well of the Body of the English Clergy ; believing them , by a wonderful providence , to be reformed in their Principles of Government , with which they had brought a scandal upon the Reformation . But the Convention meeting , to provide for the Peace and Settlement of the Nation ; it then appear'd , that the mighty Zealots for the Monarchy , were only for setting up themselves ; and in truth , would have no Sovereignty but in the Church , as they called their Faction : for as they would not have his present Majesty to be King , but a Regent , or Officer for the interim , till the late King , should come to their terms : neither did they truly own him for their King ; whom they neither would assist as Subjects , nor consult in choosing a new Government . However , the Throne having , according to former Presidents , and the plain right of the Kingdom , been declared a vacant , upon King's breach of the original contracts , and abdication ; the Lords and Commons , reciting many particulars of his misgovernment , b resolve that William and Mary , Prince and Princess of Orange , be , and be declared , King and Queen : and make a farther Settlement of the Crown . They having accepted the Crown , c the Lords and Commons , together with the Mayor and Citizens of London , and others of the Commons of this Realm , with full consent , publish and proclaim William and Mary , Prince and Princess of Orange , to be King and Queen of England , France , and Ireland ; and in the Proclamation , own a miraculous deliverance from Popery , and Arbitrary Power ; and that our preservation is due , next under God , to the resolution and conduct of His Highness the Prince of Orange , whom God hath chosen to be the Glorious Instrument of an inestimable Happiness , to us and our Posterity . A Parliament called soon after , d declares , and enacts , that they do recognize and acknowledge , that Their Majesties are , and of Right ought to be , by the Laws of this Realm , their Sovereign Liege Lord and Lady , King and Queen of England , &c. in , and to whose Princely Persons , the Royal State , Crown and Dignity of the said Realms , with all Honours , Prerogatives , &c. are fully , rightfully , and entirely , Invested , Incorporated , United , and Annexed . Notwithstanding which , many who have sworn to bear Faith and true Allegiance to King William , will be wiser than the Law , not only declared by this Act of Parliament , but by several in former Reigns ; and with a gross Jesuitical evasion , without any colour of foundation in Law or Reason , pretend that they have sworn to K. William only as King in Fact ; but that another was rightful King at the same time . This groundless and wicked distinction , appears to have engaged some Men in an horrid and barbarous Plot against his Majesty's Person and Government , tho' they had sworn to be true and faithful to him : and it seems , by the case of Sir John Perkins , that neither he , nor his Casuists , thought the Oath to King William any departure from the Allegiance to King James : nor the design of Assassinating King William , any breach of the Oath to him . Since therefore the deceit has taken rise from the supposition , that the late King continues King of Right , together with the general terms of the Oath , which are pretended to leave a latitude for this illegal and nonsensical supposition ; and an Oath more explicit has been artfully kept off ; a voluntary Declaration that his present Majesty , King William , is Rightful and Lawful King of these Realms , as it is fully warranted by the fundamental constitution of this Government , is , at this time , become a necessary duty ; when it is evident to the World , what they who are of a contrary Opinion , will act , as they have opportunity . But to engage to stand by and assist each other in the defence of His Majesty's Person and Government , is not more a consequence of the declaring him rightful and lawful King ; than it is implied in the Oath of Allegiance appointed by the Act of Parliament which settles the Crown ; and , however , the Common-Law Oath , and the legal sense of Allegiance , manifestly require it . If any who have taken the Oath of Allegiance , to his present Majesty , scruple to associate , because of the declaring His Majesty to be rightful and lawful King ; it is evident , that they prevaricated when they swore . If they questioned the legality of entring into this before there was a positive Law for it ; 't is certain , they have been little acquainted with the Common-Law Oath of Allegiance , and the warrantable Presidents of former times ; according to which , the a late Act , late Act , which enjoyns some to Sign the Association , not only gives it Sanction for the future ; but , with express relation to its being voluntarily enter'd into , by great numbers of His Majesty's Subjects , declares that it is good and lawful . And any Man who impartially weighs what I have laid together from Records , and other Authentick Memorials of pass'd times , must own , that it is , with full and indubitable Authority , enacted , That if any person or persons shall maliciously , by Writing , Printing , Preaching , Teaching , or advised speaking , utter , publish ; or declare , that His present Majesty is not the lawful and rightful King of these Realms ; or that the late King James , or the pretended Prince of Wales , hath any Right or Title to the Crown of these Realms ; or that any other person or persons hath , or have any right or title to the same , otherwise than according to an Act of Parliament made in the first year of the Reign of His present Majesty , and the late Queen , Intituled , An Act declaring the Rights and Liberties of the Subject , and settling the Succession of the Crown ; such person or persons , being thereof lawfully Convicted , shall incur the danger and penalty of Praemunire . To imagine that after all this , the late King either is , or ought to be King , is to flight all Authorities , Ancient as well as Modern . Which leads me to the Nature of our Lawyer 's offence , who , before the Act for the Security of His Majesty's Person and Government , held the Signing the Association to be an Overt-Act of Treason against the King de Jure : which , as has appeared above , tends manifestly to depose and unking His present Majesty , as in the Eye of the Law there is but one King , and he is the only King de Jure . Besides , this Gentleman admits , That by the Statute 11 H. 7. Allegiance is due to a King in Fact , and that the Oath of Allegiance was to be taken to him : nor can pretend that there ever , till of late , was any other Oath but what expresly obliged to the Defence of the King and Kingdom against all Men : therefore in consequence of his own Notion he must grant , that to contend that there may be Treason against any other but the King for the time being , is to suppose two contrary Allegiances ; and therein to depart from that Allegiance which was due , even by his own interpretation of the Statute 11 H. 7. But it being evident , that by that Statute , and the whole course of the Common Law , there is but one King , I need not tell him the Crime of publishing a written Opinion , manifestly importing an endeavour to Depose him . If this had been delivered only in Words , it is well known who used his Oratory to make words alone Treason , within the Statute 25 E. 3. for which I may refer him to the Trial of the now Earl of Macclesfield , in the beginning of the late King's Reign : and to the Author of the Magistracy and Government Vindicated . But as the Opinion was written ; he may well know from what late Authority , Soribere est agere , is become a Maxim , or Proverbial . Nor can he deny the Words to be within the reason of what the Court held a in Flower 's Case , of a Man's affirming the King to be a Bastard ; or that another had better Tittle to the Crown : because it may draw the Subjects from their Allegiance , and beget Mutiny in the Realm : or Owen's Case , of declaring it Lawful to kill the King being b Excommunicated by the Pope : both which , not to mention more of the like kind , were adjudged High-Treason . According to the Print of the later Case , it would seem that Words alone made the Treason ' ; but it appears , by a c MS. Report of one who had been Attorney General , and afterwards Chief Justice of the Common-Pleas , that Owen's Subscribing his Confession of what he had publickly declared , was given in Evidence as the Overt-Act . But if any Lawyer , who has labour'd to make Treason of Words alone ; or Writing alone , without Publication ; or Signing an Association to defend the King for the time being , against one who had been King , but is not ; should appear , not only to have Written , or Signed , the Opinion above , after a Discourse shewing to what Persons it related ; but to have publish'd this ; and to have Solicited Men not to Subscribe the Association , upon those , or the like topicks ; should he be Convicted of High-Treason against our Sovereign Lord the King ; it would be difficult not to apply that of the Poet , — Nec lex est justior ulla , Quam necis artifices arte perire suâ . None can the Justice of that Law deny , By which , who strain'd it against others , dye . FINIS . Notes, typically marginal, from the original text Notes for div A26178-e420 The Opinion . No Treason against any King but the Regnant , nor has any other Person Right against him or his Issue . 3 Inst . F. 7. a Hales's Pleas of the Crown , p. 11. b Nota , In the Act 1 H. 7. restoring H. 6. of the younger House , His Eldest Son Edward , who died in his life time , is called Prince of Wales . Rot. Parl. 1 H. 7. N. 16. c 3 Inst . Proof of the 2d and 3d General Heads , Stat. 11. H. 7. c. 1. Vid. Leges W. 1. c. 52. de fide & obsequio erga Regem . Cap. 58. Proof of the 3d. General Head. Vid. Printed Stat. 1 H. 7. * Ret. Parl. 1 H. 7. n. 3. † Vid. Abridg. Stat. usque ad 15 H. 8. ‖ Stat. 1 H. 7. & 6. Vid. Inf. Ret. Parl. 1 H. 7. n. 16. Restitutio H. 6. Obj. 3 d. Proof of the 4 th . and 5 th . General Heads . Bede Lib. 1. cap. 1. Vbires veniret in dubium magis de foemineâ , regum prosapiâ , quam de masculinâ fibi eligerent . a Lib. 5. c. 24. An. 725. b Lib. 4. c. 11. Susceperunt Subreguli regnum gentis , & divisum inter se tenuerunt annis circiter decem . c Ib. c. 12. d An. 730. Cart. Orig. in Eib. Cot. e Bede Lib. 4. c. 26. Circiter an . 685. Per aliquod spatium reges dubii , vel externi disperdiderunt , donec legitimus Rex Victred &c. f Mon. 1. vol. f. 28. An. 764. g Ib. col . 1. An. 762. Ib. col . 2. alt . cart . h Cart. Orig. in Bib. Cot. i An. 699. k Leges S●i Edw. Lamb. Arch. & Bib. Cot. sub . effig . Claud. D. k Cron. Sax. nuper ed. Cujus prosapia oriunda est Cerdico . l Malms f. 7. Quam successivae sobolis prosapia . m Non parum lineâ Regiae stirpis exexorbitaverunt . n Cron. Sax. p. 16 , & 61. o Cron. Sax. & Bromton col . 770. super populum & regnum elegerunt . p Spelm. Conc. 1. vol. f. 291 , 292. q Fund . Const . 1. part . f. 80. r Bracton l. 2. c. 29. Concil . Calchuthense Legantinum & Pananglicum An. 787. Haeres Patriae . An. 800. vel Potius 801. s Cart. in Regist . Ab. Bib. Cot. Claud. B. Cum licentià & consensu totius gentis nostre , &c. t Few Historians take notice of him vid. tamen Bib. Cot. Domitian A. 8. Sax. & Lat. which shews him to have been King of Kent , Surrey . and Suffex . x Evid . Ec. Cant. inter Decem script . col . 2220. y Bib. Cot. Julius D. 2. f. 125. a z Vid. Cart. Orig. in Bib. Cot. eod . An. Egbert & Ethelwolf acting together , both Kings . a Mon. 1. vol. f. 195. An. 843. Welding ealle Britone . b Asser Men. ending with the life of King Alfred f. 156. c Nic. Gloc. in Bib. Cot. Caligula . A. Ending with the life of Ethelwolf . d Rituale in Bib. Cot. Coronat Ethelredi & H. 1. e Pictav . de Gestis ejus f. 205. f An. 855. g Bib. Cot. Tiber. B. Albas Floriacencis . h Exantiq . Sax. nobili prosapia oriundus , &c. Omnium comprovincialium . i Exgeneris Successione i Asser Men. k Cron. de Mailros . l Bradies Introd . f. 359. m Asser Epistola haereditaria immo commendatoria . n Append. vitae Alfredi . o Ita Haereditas Aethelwolfis Rs. primei ad me devoluta est , per cartam inde confectam in concilio nostro apud Langedene . p Ethelwerdi Cron. f. 479. Ordinati sunt filii ejus , &c. q Cron. de Mailros f. 143. An. 160. An. 160. r Append. sup . s Polycron . R. Higden f. 255. S. Dun. f. 125. 126. An. 872. t Append. Sup. De haereditate quam Deus ac Principes cum senioribus populi misericorditer ac benigne dederunt . s S. Dun. A ducibus & presulibus totius gentis eligitur & non solum ab ipsis verum etiam ab omni populo adoratur ut eis praeseset . t Asserii Annales & Huntindon . u Vid. his Book dedicated to Maud , Wife to W. 1. M S. in Bib. COT. & Ed. Ipse stemmate regali a Primatis electus . An. 925. or 924. x Mat. West . f. 180. Selden's Notes upon Polyolb f. 211. & MS. Lelandi & Wendover MS. in Bib. Cot. y Cron. Sax. p. 11. Huntindon f. 204. Electus est Rex in Merce . An. 944. z Bib. Cot. Vitel. D. 15. vita sti Dunstani Autore Osberno Dorob . edit . Inser script . sub nomine Anglia sacra . Successst in iure frarris . a Bib. Cot. Cleopat . B. 13. Alter autor vitae Sti. Dunstani . Mox proximus haeres Eadredus . c Vid. Enquiry said to be Dr. Bradies , p. 14. and the Doctors Introd . f. 364. d Bib. Cot. Sup. An. 955. Post hunc surrexit Eadwig regnandi gratiâ poliens : licet in utraque plebe Regum numeros & nomina suppleretelectus e Quoniam in commisso regimine insipienter egit . f Ib. Hoc ita omnium conspiratione relicto , elegere sibi Do. dictante , &c. g Ib. Et regnum ipsius velut aequus haeres abutroque populo electus . h Bib. Cot. i An. 975. k Osbernas sup . Vitellius . A. 20. l Bib. Cot. Regist . Magn. Abendoniae sub Effig . Claud. B. f. 89. b Omnes utriusque ordinis Optimates ad regni gubernacula moderanda fratrem meum m Vid. Dr. Bradies use of this Introd . f. 360. Eaduuardum elegerunt , &c. miho ; terras ad regios pertinentes filios in meos usus tradiderunt Ar. 979. * Bib. Cot. sub Effig . Claudii A. 3. Ab Episcopis & a plebe electus . m Ib. volumus & concedimus . n Benedic domine hunc pure electum Principem . Firmatum est pactum inter Regem & populum suum & firma amicitia : jure jurando etiant statutum est , ut nunquam amplius esset Rex Danus in Arglià . o Bib. Cot. Domition A. 8. sup . p An. 1015. or 1016. q Knighton f. 2320. Misit clameum , &c. r Malms f. 39. Dani Cnutonem eligunt . s Internal , vid. Argl. Saer . Hist . Maj. Winton ' Cujusdam Ducis fil . nomine Algivam accepit , in Concubinam , exqua genuit filium nomine Edmundum Ir●●side . Et t Cited and applied Spelmans Glos f. 277. Bib. Cot. Cleo● . B. 13. De regno & nominibus Regum Anglor , &c. De Edm. Irnenside Iste erat Bastardus . a Ingulfas f. 58. b Leofric Comes & tota nobilitas exparte Aquilonis fluminis Tamesiae elegerunt Haroldum & Hardecnut fratrem ejus &c. Edw. Conf. Vid. etiam ib. Cleop. A. 7. c Bib. Cot. Abbrev. Cron. fin ' temp . Cron ' breve ad An. 1062. Haraldus : Rex eligitur ab omni populo Angl. d Malms f. 43. e Vid. Scrip. Norm , Eucomium Emmae Regno haereditatis vestrae privamini . f Gemet . f. 271. g M. S. cited in Monast . 1. vol. Regni cura Reginae assensu & Magnatum consilio Comiti Godwino commitritur donec qui digrus esset , eligeretur . & Bib. Cot. Domit . A. 13. Cron. Wint. h Gemet f. 271. Ipse autem exivit hominem Edw. totius regni reliquit haeredem . Malms . f. 450. Post . Hard. fr. ipsius ex matre ribus Angliae in Regem electus &c. a Cart. Antiq CC Mon. 1. vol. f. 59. Periclitata sit haereditaria siccessio , magnumque interstitium inter fratrem meum qui patri meo mortuo successit meque habitum fuit . b Mat. Par. c Ethelwerd's Hist . Meus atavus . addit . f. 46. d Vid. sup . of Ina. e Nec nomen Regis in eo constabit . f Vid. the Antiquity and Justice of an Oath of Abj. p. 90 , . & 91. Introd . f. 363. Introd . f. 364 Claud. B. 6. Reg. magnum Abend . c. 50. An. 931. Patriae procuratoribus . a Sup. Vid. Rot. Par. b Bib. Cot. 17 E. 3. p. 1. m. 20. d. c Ib. ejusdem Tota plebis generalitas . A Petition in Parl , from the Borough of Barnstaple , fetting forth that they had been a Borough , and sent Members to Parl. ever since King Athelstan's Charter . d Cart. Antique in Turri Lord. B. e Guil. de Roville Erat regni Angtiae primior haeres e● . Matilda &c. a Ingulf . b Leges Edw. Regis ed per Lamb. c Cart. Orig. in Bib. Cot. Haredem sibi esse &c. adoptavit . d Rot. Pat. 1. H. 6. m. 11. e Regnum praed . nobis jurare fecit . & cart . Antiq. CC. f Pictav . ut memini . g Vid. Domesday-Book . Pictav . f. 119. Quoniam omnium qui genus suum attingerent me credebat excellentissimum . Selden's review p. 439. Absque generali senatus & populi conventu & edicto . a Ord. vir . f. 525. Edgarus Adelinus , aliique plures ex linea regalis prosapiae . c Fl●● . Wig. Fideli●●tem juraver●●● quibus & ipse faedus p●pigit R. de Diceto col . ●80 . b Wats Advers . ad Mat. Par. Bronton col . 958. s. Dun. f. 195. a Cuncti Praesules regnique proceres cum Guil. concordiam fecerunt ; ae ut dia lema regium sumeret , sicut mos Anglici principatus requirit oraverunt . All the Liberties and Priviledges the People can pretend to were the Grants and Concessions of the Kings of this Nation , and derived from the Crown . b Pref. to his compleat Hist . Introd . f. 13. shall prove from undeniable reason and authority that he govern'd the Nation as a Conqueror , and did so take and repute himself to be . c Vid. Introd . f. 326. f. 14. This appears first by his bringing in a new Law , and imposing it upon the People , and 't is clear he did this . The justiciaries or Chief Justices , the Chancellors , the Lawyers , the Ministerial Officers , and under Judges , Earls , Sheriffs , Bailiffs , Hundredaries , were all Normans from his first coming until above 100 years . Introd . f. 20. The English had neither Estates nor Fortunes left , and therefore it could be no matter to them , by what Law , Right , or Property , other Men held their Estates . a Ord. Vital Selden's Notes Polyolb . and Camden's Brit. 19. H. 6. n. 16. m. 7. per Inspex . vol. f. 48. vid. Dr. B's Introd . The pretence that he claimed jure haereditario , is idle , unless , it were testamentario : for neither was be Heir to Edward , nor Edward Heir to the Crown by Descent . b Rot. Cart. c Mon. 1. a Mon. 1. vol. f. 98. b Cart. Antiq . in Tur. Lord. F. Et Collectanea M. ●●ale Mil. in Bib. Hospit . Linc. An. 1087. Introd . f. 370. Cum plenario consensu & consilio totius communitatis &c. An. 1100. c Cart. in Mat. Par. d Bib. Cot. Claud. A. 3. De Conventu seniorum &c. Et Episcopi prosternant se super pavimentum hinc & inde circa electum Regem . An. 1116. Hemirgford f. 473. Gerv. Dorob . Col. 1337. a Bib. Cot. sub Effig . Vespat . A. 19. De Monast . Eliensi . Vt jure haereditario suscipiatis . b Gesta Regis Steph. inter Script . Et de stirpe regia descenderat . Norm . c Malms . Hist . Nov. f. 106. Dorob . Col. 1354. d Gerv. Assensu cleri & populi in Regem electus . e Bradies Introd . f. 371. Galba . A. 2. Inter Sermones ad populum . f Bib. Cot. Quid obstinatius quid perniciosius quam contra voluntatem omnium regni jura violenter abripere . a Brompton f. 1024. Cart. adoprionis , Successorem regni Anglie & haeredem meum jure baereditario constitui . Mat. Par. &c. Domit. A. 10. b Antiq. Brit f. 130. Lib. Rof . Ibi forma Convensionis inter uarosque Reges Fid. etiam Ben. Abbatem Autor . ejusdem temporis . c Scotland's Sovereignty p. 285. d Bib Cot. Domit. A. 10. lib. Rof . Ibi forma Convenionis inter uposque Reges Fid. etiam Ben. Abbatem Autor . ejusdem remporis . e R. 1. An. 1189. f Walsi●gham Ipod . Neustriae f. 45. g R. de Diceto Col. 647. Comes itaque Pictavorum Rie . ●aeredita●io jure praemovendus in Regem , post tam Cleri quam populi solemnem & debitam electionem &c. h Mat. Par. de An. 1188. Ducatus Norm , gladium suscepit &c. i Bromton f. 1159. a Hoveden de An. 1194. Per commune consilium regne definitum est . De omnibus tenementis suis . Descheance . Calls the other mos Britanniae . b Grand Cust . cap. 25. c Cujac . de feudis f. 519. Dicentes judicium esse & consuetudinem iliorum Regionum . d Wendover in Bib. Cot. e Glanv . tract . de Legibus & cons . rni Angliae lib. 7. c. 3. Licet praemoriatur patri suo &c. nulla dubitatio est , &c. ●unc quidem ita bodie obtinet inter avunculum & nepotem , quia melior est conditio possedentis . f Wendover de An. 1199. a Wend. Quod jura sua redderet universis : sub tali conventione , Comites & Barones Comiti memorato fidelitatem contra omnes homines juraverunt . b Mat. Par. Noverit discretio vestra , quod nulius praeviâ ratione alii succedere habet regnum ; nisi ab universitate regni unanimiter , invocatâ spiritus gratià electus , &c. c Mat. Par. Dico de hoc Comite &c. Arch. and districte prohibitus , ne ●onorem bunc accipere praesumeret , nisi in menre habeat opere quae juraverat p●●implere . Ad hoc ille respordens promisit , se per auxilium Dei , bona side ea quae juraverat servaturum . d Wendover Dein adjuratus est ab eodem e Mat. Par. Addit . f. 281. The French King's Advocate says , Dare non potuit , potuit tamen dimittere eam . e Ib , vacans itaque regnum sine Barcnibus ordinari non debet ; unde Barones elegerunt . a Mat. Par. An. 1216. b Mat. West . f. 277 , & 279. Knighton col . 2426. c Mat. Par. ut . H. Regis fil . primogen , in Regem Angle exaltarent . d Mat. Par. An. 1236. 20 H. 3. In signum quod est Comes Palatinus & Regem si oberret habeat de jure , potestatem cohibendi . Vid. Wendover . A Coronation at Canterbury 5 H. 3. Vid. etiam Lib. de Antiq. Leg. in Archivis Civ . Lond. f. 117. A Proclamation 53 H. 3. declaring that he would not then wear his Crown , and dispensing with the Services of the Citizens of London and others . * Mat. Par. Ipsi de communi conc . totius regni ipsum cum iniquis corsiliariis suis a regno depellerent , & de novo Rege creando tractarent . a Bracton lib. 2. c. 16. Rex autem habet superiorem Deum ; item Legem per quam factus est Rex ; item Curiam suam &c. Vid. etiam ib. c. 24. & l. 3. c. 9. b Lib. de Antiq. Leg. in Arch. Civ . c Lib. de Antiq . Leg. in Archiv . Civ . Lon. An. 1260. 44 H. 3. L. 55. H. 3. post ejus decessum rectis haeredibus coronae Angliae . d Mat. West . Gilbertus & Johes Comites , nec non Clerus & populus , ad magnum altare ecc . Westm . celeriter properaunt Ed. prim . Regis fidel jurantes . e Annales Wav . f. 227. Facta convocatione omnium Prel &c. a Rot. claus . 1. E. 1. m. 11. b Walsing . f. 1. c Mat. West . f. 430. 25 E. 1. d Suscipiatis me : quod si non rediero , in Regem vestrum filium meum coronetis . e Mirror p. 8. f Wals. f. 68. Non tam jure haereditario &c. g Wals. f. 107. Rex dignitate regali abdicatur , & filius substituitur . h Knighton col . 2550. Post multos ejulatus &c. i Rot. Claus , 1 E. 3. m. 28. a Bib. Cot. Cleop. D. 9. Annales de Gestis Britcnum De. An. 1326. Convocatum est concilium generals &c. b In Regem Angliae est sublimatus . c Stat. 1. E. 3. Rastal . a Rot. Parl. 50. E. 3. b Began his reign An. 1377. c Knighton f. 2683. Propinquiorem aliquem de stir pe regid . d 23 R. 2. e Rot. Parl. 1. H. 4. n. 16. f N. 52. g Rot. serv . die Coron . H. 4. h Rot. Parl. 1. H. 4. i Rot. Parl. 1 H. 4. n. 54. so Welsing . k Rot. Parl. sup . Tpod. Neust . f. 156. Regnum Angliae sic vacans . l Vid. The Debate at large . p. 127. m Walsing sup . & Rot. Parl. n Rot. Parl. n. 54. Iiden Status cum tote populo absque quacunque difficultate vel m●râ ut Dux praefatus super eos regnaret unanimiter consenserunt . a Rot. Servic . sup . b Vid. inf . the case of Bishop Merk . c Rot. Pat. 2 H. 4. rot . 4. d Interliga . & confederati adversario & inimi●o nri Regis & rni sui , de Erancia & adherentibus ad eundem adversar . &c. e Nota Richard's name was used only to colour the inviting the French to over-run this hand . f Quod ipse Epus unctus 〈◊〉 . a Nota Et consequenter eccles . Anglicanae per quam &c. b Pardonae vimus eidem nuper Episcope sectam pacis &c. c Quod ipse amodo se bene geret erga Dominum Regem . & populum . d This recited in the Petitions of the Commons Rot. Pat. 8 H. 4. p. 1. m. 4. e D'un volunt & d'un assentcoment quil nen busoignoit my affermerent . f Enheretablement . a Pur viver & morer encontre touts les gents de monde . b Rot. Pat. 7. H. 4. pars . 2. in . 23. Ad ammovendam penitus materiam disceptationis &c. c Fore & esse 〈◊〉 fore & esse debere . Vid. alt . ib. reciting the breach of former Oaths . d Rot. Pat. sup . Hereditas sive hereditaria . e Rot. Pat. 8 H. 4. p. 1. m. 4. a Rot. Pat. 8. H. 4. Ponrvous succeder en voz saisditz corone , roialms , & Seigniories , pur les avoir ove routz leur appurtenances , apres vre decesse , a luy , &c. b Communi consensu regni juxta morem ejusdem regni , &c. c Heir apparent pour vous succeder . d Pol. Virg. in Vit. H. 5. & Drs. Gale Praef. Script . Saxon. Dan. e Walsingham . f Polydore Virgil. In quo de Rege creando more majorum agitabatur . Vid. etiam Stow in the Reign of H. 5. mentioning this , and calling that Assembly a Parliament . g Rot. Parl. 1 H. 6. h 13 H. 6. a Vid. the Oath 29 H. 6. Stow , f. 395. I am , and ought to be humble subject , and Lieage-man , &c. b Rot. Parl. 38 H. 6. n. 7. a Rot. Parl. 39 H. 6. n. 11. b N. 12. c Vid. unreasonableness of the new separation , Fortescue's MS. of this belongs to the Cotton Library , but not now to be found there , unless restored very lately . b N. 15. To be unto him , and to the Heirs of his Body coming , and to his 4 Sons , &c. c Elianor Wife of Lewis King of France , Mat. Par. de An. 1150. d Mat. West . f. 1200. a Vid. Sup. p. 27. b Vid. Grot. de jure belli & pacis l. 2. sect . 24. For the Neice from the elder Son to exclude the younger Son , cannot hold in Hereditary Kingdoms ; For that gives only a capacity to succeed . But of those that are capable , regard is to be had to the priviledge of the Sex. c Fortescue de Laud. Legum Angl. Rex a populo potestatem effluxam habet . Vid. Rot. de B. R. d Grot. de jure belli & pacis Lib. 2. e Ib. Sect. 14. Sect. 22. a Rot , Parl. 39 H. 6. n. 18. The Oaths that the said Lords had made unto the King's highness , &c. saved , and their consciences therein cleared , &c. it was agreed that the said mean the should be opened and declared to the King's highness . b N. 18. c N. 27. The King by advice of the Lords , condescended to the Accord , and to be authoriz'd by Authority of this present Parliament . d Baggot's Case 9 E. 4. Car-le corone fuit taille a lay per Parlement . saving and ordaining by the same auctority the King to have the said Corones , Reaumes , Roial Estate , Dignity , and Preemirence of the same , and the said Lordship of Ireland during his lyf natural . e An. 1460. And furthermore by the same avis and auctoritie , wolle , consenteth and agreeth , that after his decesse , or when it shall pleas his highness to ley from him the said Corones &c. or thereof ceasseth &c. a Stow. f. 413. b Vid. Notes upon the Earl of Stamford's Speech An. 1692. Citting Grafton's Chron. f. 652 , 653. 658. Speed f. 851. Stow f. 414 , 415. c Ib. d 3d. Not mentioned in those Notes , but in Hollinshead f. 663. e Notes upon the Earl of S's Speech Sup. a Hollinshead 663. After the Earl of March had taken upon him the Government . b Rot. Parl. 1. E. 4. m. 8. Declaratio tituli regii , & restitutio ad eandem . c Ib. d Rot. Parl. 1 E. 4. m. 8. n. 20 , 21 , 22 , 23 , 24. a Rot. Parl. 1 E 4. m. 17. Convictio quorundam Dom. & al. authoritate Parl. The Earl of March upon the death of R. 2. and consequently E. 4. from him was undoubted a Vid. The Debate at large &c. p. 128. b Rot. Parl. 1. E. 4. m. 7. & 8. and that God had given Ed. the grace of eviction King by conscience , by Nature , by Custom , and by Law : referring to the Par. Rol. 1 E. 4. e StAT . 1. E. 4. C. 1. c Stow. 412. d De term . Mic. 1. H. 7. f. 4. b. Stat. 1 E. 4. c. 1. f Referr'd to 17º E. 4. g Rot. Parl. 17 E. 4. n. 34. Vid. etiam Rastal . cap. 6. a Rot. Parl. 1. R. 3. b Vid. Buck's Hist . c Rot. Parl. 1. R. 3. a Rot. Parl. 39 H. 6. n. 27. b Vid. Comines Vn june Princ de Engle terre . c Rot. Parl. 1 H. 7. Idem Dominus Rex praefatis communibus ore suo proprio eloquens , ostendendo suum adventum ad jus & coronam Angliae fore tam per justium titulum haereditantiae , quam per verum Dei judicium , in tribuendo sibi victoriam de inimito suo in campo . a Stat. 1 H. 7. Rot. Parl. II est ordeign establie & enact par auctorite du die Parliament , &c. b Rot. Parl. 1 H. 7. c Ib. n. 18. d Bib. Cot. Cleop. E. 3. e Ib. proximo successionis titulo . f In ipsorum conventu , &c. a Vid. the Year-Book , 1 H. 7. f. 4. b Vid the ●ull sup . c Year-Book 1 H. 7. f 4. Eo . Facto que il prist sur luy le royal dignity destre Roy. This said of ● . 6. and applied to H. 7. d Rot. Parl. 20 R. pars 2. m. 6. & 4 Inst . F. 36. e Rot. Parl. 3. H. 7. m. 15. The Attainder of the E. of Linc. a An. 1059. b Introd . f. 391. next Heir to the Crown by proximity of Blood , as right Heir to his Mother . c Stat. 25. H 8. 6. 1. d Stat. 26. H. 8. a 28 H. 8. c. 7. b 28 H , 8 , c. 10. a 35 H. 8. b later recorda de An. 27 H 8. sub cust . urrwumque Capital . Justic . & Attornat . Gen. Si in acttat . fuisset autoritate Parl. &c. si diceret non , &c. Vid. etiam B. Burnet's Hist . of the Ref. 1 Vol. f. 354. a Quia Rex per Parl. fieri porest & per Parl. deprivari potest . b 1546. c 1553. d Stat. 1 M. c. 2. e 1 and 2 P. M. c. 9. f 1558. g Camden . Eliz. f. 12. a Stat. 1 El. c. 3. b Camd. c Journals of Q. Eliz. f. 105 , 106 , 107. d Stat. 13 Eliz. c. 1. e Stat. 27 Eliz. f Camd. Eliz. a Camden f. 160 . An. 1571. 14 El. b Coke's Entries f. 373. 380. c An. 1602. d Vid Camd. Eliz. & Wilson's Hist . of J. 1. e Stat. 1. J. 1. a Vid. K. James his Works . b Stat. 1. J. 1. a Sermon before the House of Commons p. 6. b Ib. They could pretend to no farther right &c. c Vid. Vindic. of the Case of Allegiance p. 46 , 47. d Finehes description of the Common Law ed. An. 1613. e Dyer f. 165. Anderson f. 44. a Stat. 23. Eliz. c. 1. Will you grant and keep &c. namely the Laws , and Customs , and Franchises granted to the Clergy , by the glorious King St. Edward your Predecessor according to the Laws of God , and the true profession of the Gospel , established in this Kingdom : and a Greeing to the Prerogative of the Kings thereof , and the ancient custom of this Realm . b Lib. Regalis penes Decanum West . & Sandford's account of the Coronation . a Vid. Falkner's Christian Loyalty p. 526. Citing Barklay . &c. b Concerning the Declaration of Indulgence . c Vid , the Bishops Address to J. 2. d Vid the Form printed in Reflections upon the Jacolite Form of Prayer p. 26. e 11 Dec. 1688. a Vid. the Vote of the Commons Jan. 28. 1689. and that of the Lords Feb. 6. b Stat. 1. W. M. Ses . 2. cap. 2. c Vid. the Proclamation . d Stat. 2. W. M. Ses . 1. cap. 1. a Stat. 7 & 8 W. 3. For the better Security of his Majesty's Royal Person and Government . Proof of the 6th general head . a Yelverton , f. 1 07. 5 J. 1. b 1 Rolls , f. 185. c Banks MS. p●nes meipsum Pas . 13 J. 1. 
A80964	----	An ordinance of explanation touching treasons England and Wales. Lord Protector (1653-1658 : O. Cromwell) This text is an enriched version of the TCP digital transcription A80964 of text R211787 in the English Short Title Catalog (Thomason 669.f.17[77]). Textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. The text has been tokenized and linguistically annotated with MorphAdorner. The annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). Textual changes aim at restoring the text the author or stationer meant to publish. This text has not been fully proofread Approx. 2 KB of XML-encoded text transcribed from 1 1-bit group-IV TIFF page image. EarlyPrint Project Evanston,IL, Notre Dame, IN, St. Louis, MO 2017 A80964 Wing C7134A Thomason 669.f.17[77] ESTC R211787 99870486 99870486 163325 This keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the Early English Books Online Text Creation Partnership. This Phase I text is available for reuse, according to the terms of Creative Commons 0 1.0 Universal . The text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. Early English books online. (EEBO-TCP ; phase 1, no. A80964) Transcribed from: (Early English Books Online ; image set 163325) Images scanned from microfilm: (Thomason Tracts ; 246:669f17[77]) An ordinance of explanation touching treasons England and Wales. Lord Protector (1653-1658 : O. Cromwell) England and Wales. Council of State. 1 sheet ([1] p.) Printed by William du-Gard and Henry Hills, printers to His Highness the Lord Protector, London : 1653 [i.e. 1654] Order to print dated: Fryday, February 17. 1653. Signed: Hen. Scobell, Clerk of the Council. Reproduction of the original in the British Library. eng Treason -- England -- Early works to 1800. Great Britain -- Politics and government -- 1649-1660 -- Early works to 1800. A80964 R211787 (Thomason 669.f.17[77]). civilwar no An ordinance of explanation touching treasons. England and Wales. Lord Protector 1654 333 0 0 0 0 0 0 0 A This text has no known defects that were recorded as gap elements at the time of transcription. 2007-10 TCP Assigned for keying and markup 2007-10 Apex CoVantage Keyed and coded from ProQuest page images 2007-11 Mona Logarbo Sampled and proofread 2007-11 Mona Logarbo Text and markup reviewed and edited 2008-02 pfs Batch review (QC) and XML conversion blazon or coat of arms AN ORDINANCE OF EXPLANATION TOUCHING Treasons . WHereas by An Ordinance , Entituled , An Ordinance Declaring that the Offences therein mentioned , and no other , shall be adjudged High Treason within the Common-wealth of England , Scotland , and Ireland , it is , amongst other things , Ordained and Established , That no Matter , Fact , Crime or Offence whatsoever , other than such as are therein mentioned and expressed , should be deemed , taken , or adjudged to be High Treason ; And whereas some doubts and question may arise , whether that Clause in the said Ordinance doth not extend to the Offences mentioned in the Instrument , Entituled , The Government of the Common-wealth of England , Scotland , and Ireland , and the Dominions thereto belonging , and which are thereby Declared to be High Treason ; For clearing thereof , and removing all scruples thereupon , His Highness the Lord Protector , by and with the advice of his Council , Doth Declare and Ordain , That neither the said Ordinance , nor any Clause or thing therein contained , shall extend or be construed , adjudged or taken to extend unto all or any the Offences declared by the said Instrument to be High Treason , but that all and every the said Offences are hereby adjudged , and shall be adjudged , taken and deemed to be High Treason , and that all and every the Offendor and Offendors shall suffer the pains and penalties of High Treason , the said Ordinance , or any thing therein contained to the contrary , in any wise notwithstanding . Fryday , February 17. 1653. ORdered by his Highness the Lord Protector , and his Council , That this Ordinance be forthwith Printed and Published . HEN. SCOBELL , Clerk of the Council London , Printed by William du-Gard and Henry Hills , Printers to his Highness the Lord Protector , 1653. 
A82429	----	An act for the apprehension of Thomas Cook Esq; England and Wales. Parliament. This text is an enriched version of the TCP digital transcription A82429 of text R211260 in the English Short Title Catalog (Thomason 669.f.16[2]). Textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. The text has been tokenized and linguistically annotated with MorphAdorner. The annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). Textual changes aim at restoring the text the author or stationer meant to publish. This text has not been fully proofread Approx. 3 KB of XML-encoded text transcribed from 1 1-bit group-IV TIFF page image. EarlyPrint Project Evanston,IL, Notre Dame, IN, St. Louis, MO 2017 A82429 Wing E1089 Thomason 669.f.16[2] ESTC R211260 99869989 99869989 163159 This keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the Early English Books Online Text Creation Partnership. This Phase I text is available for reuse, according to the terms of Creative Commons 0 1.0 Universal . The text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. Early English books online. (EEBO-TCP ; phase 1, no. A82429) Transcribed from: (Early English Books Online ; image set 163159) Images scanned from microfilm: (Thomason Tracts ; 246:669f16[2]) An act for the apprehension of Thomas Cook Esq; England and Wales. Parliament. 1 sheet ([1] p.) Printed by John Field, Printer to the Parliament of England, London : 1650 [i.e. 1651] Order to print dated: Die Jovis, 20 Martii, 1650. Signed: Hen: Scobell, Cleric. Parliamenti. With Parliamentary seal at head of text. Reproduction of the original in the British Library. eng Cook, Thomas -- Early works to 1800. Treason -- England -- Early works to 1800. Great Britain -- Politics and government -- 1649-1660 -- Early works to 1800. A82429 R211260 (Thomason 669.f.16[2]). civilwar no An act for the apprehension of Thomas Cook Esq; England and Wales. Parliament. 1651 522 0 0 0 0 0 0 0 A This text has no known defects that were recorded as gap elements at the time of transcription. 2007-10 TCP Assigned for keying and markup 2007-10 Apex CoVantage Keyed and coded from ProQuest page images 2007-11 Mona Logarbo Sampled and proofread 2007-11 Mona Logarbo Text and markup reviewed and edited 2008-02 pfs Batch review (QC) and XML conversion blazon or coat of arms AN ACT For the Apprehension of Thomas Cook Esq WHereas Thomas Cook of Grays-Inn in the County of Middlesex , Esq having been Apprehended for Treason by Order from the Councel of State , and brought before them ; and after Examination had , and Witness produced against him , Ordered by them to be Committed to the Tower of London , in order to a Tryal at Law to be had aginst him for the said Treason ; and being in Custody , hath in sense of his own Guilt made a voluntary Escape , thereby endeavoring to avoid a Iust and Legal Proceeding for the said Treason so committed : Be it therefore Enacted and Ordained , and it is Enacted and Ordained by this present Parliament , and the Authority thereof , That if the said Thomas Cook shall not within four days , from the Twentieth day of March , in the year of our Lord One thousand six hundred and fifty , render himself in Custody to the Sergeant at Arms attending the Parliament , and submit himself to a Tryal at Law for his Treason committed , That then he the said Thomas Cook shall be , and is hereby Declared Guilty , and Attainted of High Treason , and shall suffer and forfeit as in case of High Treason . And be it further Enacted by the Authority aforesaid , That if any person or persons whatsoever shall willingly and knowingly receive , harbor or conceal him the said Thomas Cook , Such person or persons so doing , shall suffer and forfeit as Traytors . And be it further Enacted by the Authority aforesaid , and the Parliament doth hereby Enact and Declare , That if any person or persons shall by or before the First of May , which shall be in the year One thousand six hundred fifty one , Apprehend the said Thomas Cook , and deliver him in Custody to the said Sergeant at Arms , such person and persons for his care and pains therein , shall receive the Sum of Five hundred pounds of lawful Money of England ; which said Sum the said Councel are by vertue of this Act authorized and directed to make payment of accordingly . Die Jovis , 20 Martii , 1650. ORdered by the Parliament , That the Sheriffs of London and Middlesex be Authorized and Required forthwith to Proclaim this Act at the usual times and places within the City of London and County of Middlesex ; And that the respective Sheriffs of the several Counties be likewise Authorized and Required to Proclaim this Act forthwith upon receipt hereof , in the several and respective Cities and Market-Towns within the several Counties of this Commonwealth . Hen : Scobell , Cleric . Parliamenti . Die Jovis , 20 Martii , 1650. ORdered by the Parliament , That this Act be forthwith printed and published . Hen : Scobell , Cleric . Parliamenti . London , Printed by John Field , Printer to the Parliament of England , 1650. 
A82667	----	6. Julii; 1644. A declaration of the Lords and Commons assembled in Parliament, declaring John Webster, Theophilus Bainham, Edward Manning, Richard Ford and James Yard, merchants, to be incendiaries between the United Provinces, and the kingdom and Parliament of England England and Wales. Parliament. This text is an enriched version of the TCP digital transcription A82667 of text R205584 in the English Short Title Catalog (Thomason 669.f.9[10]). Textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. The text has been tokenized and linguistically annotated with MorphAdorner. The annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). Textual changes aim at restoring the text the author or stationer meant to publish. This text has not been fully proofread Approx. 3 KB of XML-encoded text transcribed from 1 1-bit group-IV TIFF page image. EarlyPrint Project Evanston,IL, Notre Dame, IN, St. Louis, MO 2017 A82667 Wing E1405 Thomason 669.f.9[10] ESTC R205584 99864926 99864926 161108 This keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the Early English Books Online Text Creation Partnership. This Phase I text is available for reuse, according to the terms of Creative Commons 0 1.0 Universal . The text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. Early English books online. (EEBO-TCP ; phase 1, no. A82667) Transcribed from: (Early English Books Online ; image set 161108) Images scanned from microfilm: (Thomason Tracts ; 245:669f9[10]) 6. Julii; 1644. A declaration of the Lords and Commons assembled in Parliament, declaring John Webster, Theophilus Bainham, Edward Manning, Richard Ford and James Yard, merchants, to be incendiaries between the United Provinces, and the kingdom and Parliament of England England and Wales. Parliament. 1 sheet ([1] p.) Printed for Edward Husbands, London : Julii 13. 1644. Order to print dated: Die Sabbathi, 6. Iulii, 1644 and signed: H: Elsynge, Cler. Parl. D. Com. Reproduction of the original in the British Library. eng Treason -- England -- Early works to 1800. Great Britain -- Foreign relations -- Netherlands -- Early works to 1800. Great Britain -- History -- Civil War, 1642-1649 -- Early works to 1800. A82667 R205584 (Thomason 669.f.9[10]). civilwar no 6. Julii; 1644. A declaration of the Lords and Commons assembled in Parliament, declaring John Webster, Theophilus Bainham, Edward Manning, England and Wales. Parliament. 1644 504 0 0 0 0 0 0 0 A This text has no known defects that were recorded as gap elements at the time of transcription. 2007-10 TCP Assigned for keying and markup 2007-10 Apex CoVantage Keyed and coded from ProQuest page images 2007-11 Mona Logarbo Sampled and proofread 2007-11 Mona Logarbo Text and markup reviewed and edited 2008-02 pfs Batch review (QC) and XML conversion 6. Julii ; 1644. A DECLARATION OF The LORDS and COMMONS assembled in Parliament , Declaring John Webster , Theophilus Bainham , Edward Manning , Richard Ford and James Yard , Merchants , to be Incendiaries between the United Provinces , and the Kingdom and Parliament of ENGLAND . WHereas John Webster , Theophilus Bainham , Edward Manning , Richard Ford , and James Yard , Merchants , contrary to their Allegiance and Duty , have done and committed severall Actions tending to the Destruction of this Kingdom , and to maintain the bloody and most unnaturall War now raised against the Parliament and Kingdom : It is Declared by the Lords and Commons now assembled in Parliament , That the said John Webster , Theophilus Bainham , Edward Manning , Richard Ford , and James Yard , have by the said Actions manifested themselves to be Incendiaries and Enemies to the Parliament and Kingdom of England ; And be it Ordained by the said Lords and Commons , That if any person or Subject of this Kingdom , shall after publication hereof , imploy the said John Webster , Theophilus Bainham , Edward Manning , Richard Ford and James Yard , or any of them in their service as Factors , or otherwise in Trading or Merchandize , or consigne or convey any Money , Merchandize , or Goods , to them or any of them , or to others to their or any of their use or uses , That all such Goods shall be taken and seized on as forfeit , and such persons , for sending such Money , Goods and Merchandize , to be taken as Ayders and Maintainers of persons that are Traytors and Rebells . And that the Deputy Governour , and Assistants of the Fellowship of the Merchant Adventurers residing at Rotterdam in Holland , do forthwith exclude the persons abovenamed their Court , and from all meetings of the said Fellowship , and not permit them to enjoy any priviledge or immunity granted or belonging to the said Fellowship and Company . And that the said Deputy Governour and Assistants , do forthwith cause the said Theophilus Bainham , James Yard and Richard Ford , to be apprehended and taken , and to be sent over into this Kingdom , to be proceeded with , as Incendiaries between the States of the Vnited Provinces , and Parliament of England , and as persons that have attempted to break the Amity , and long maintained Vnion and Friendship between the said two Nations . Die Sabbathi , 6. Iulii , 1644. ORdered by the House of Commons , That this Declaration be printed and published ; And sent to the Lord Major , to be published by the common Cryer in Exchange time , and to be published upon the Exchange . H : Elsynge , Cler. Parl. D. Com. LONDON : Printed for Edward Husbands . Julii 13. 1644. 
A82722	----	A declaration of the Lords and Commons assembled in Parliament. Whereas the King, seduced by wicked counsell, doth make war against his Parliament and people; ... England and Wales. Parliament. This text is an enriched version of the TCP digital transcription A82722 of text R210981 in the English Short Title Catalog (Thomason 669.f.5[70]). Textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. The text has been tokenized and linguistically annotated with MorphAdorner. The annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). Textual changes aim at restoring the text the author or stationer meant to publish. This text has not been fully proofread Approx. 1 KB of XML-encoded text transcribed from 1 1-bit group-IV TIFF page image. EarlyPrint Project Evanston,IL, Notre Dame, IN, St. Louis, MO 2017 A82722 Wing E1476 Thomason 669.f.5[70] ESTC R210981 99869725 99869725 160783 This keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the Early English Books Online Text Creation Partnership. This Phase I text is available for reuse, according to the terms of Creative Commons 0 1.0 Universal . The text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. Early English books online. (EEBO-TCP ; phase 1, no. A82722) Transcribed from: (Early English Books Online ; image set 160783) Images scanned from microfilm: (Thomason Tracts ; 245:669f5[70]) A declaration of the Lords and Commons assembled in Parliament. Whereas the King, seduced by wicked counsell, doth make war against his Parliament and people; ... England and Wales. Parliament. 1 sheet ([1] p.) Printed for Edward Husbands and John Franck, London : 1642. Title from caption and opening lines of text. Whereas the King doth make war upon his people, .. all persons who on any pretence soever assist his Majesty are traitors and shall be brought to condign punishment. -- Steele. Annotation on Thomason copy: "Aug. 19.". Reproduction of the original in the British Library. eng Treason -- Great Britain -- Early works to 1800. Great Britain -- History -- Civil War, 1642-1649 -- Early works to 1800. A82722 R210981 (Thomason 669.f.5[70]). civilwar no A declaration of the Lords and Commons assembled in Parliament. Whereas the King, seduced by wicked counsell, doth make war against his Parl England and Wales. Parliament. 1642 181 0 0 0 0 0 0 0 A This text has no known defects that were recorded as gap elements at the time of transcription. 2007-10 TCP Assigned for keying and markup 2007-10 Apex CoVantage Keyed and coded from ProQuest page images 2007-11 Emma (Leeson) Huber Sampled and proofread 2007-11 Emma (Leeson) Huber Text and markup reviewed and edited 2008-02 pfs Batch review (QC) and XML conversion A DECLARATION OF THE LORDS and COMMONS assembled IN PARLIAMENT . WHereas the King , seduced by wicked counsell , doth make War against His Parliament and People ; And for the promoting of that War , divers Forces both of Horse and Foot have been , and are levyed and raised by severall persons , and His Majesties good Subjects are most cruelly robbed , spoiled and slain : To the end that no man may be misled through Ignorance , the Lords and Commons in Parliament declare , That all such persons as shall , upon any pretence whatsoever , assist His Majesty in this Warre , with Horse , Arms , Plate or Money , are Traytors to His Majesty , the Parliament and the Kingdom , and shall be brought to condign punishment for so high an offence . Ordered by the Lords and Commons in Parliament , That this Declaration be forthwith printed and published . Hen. Elsynge , Cler. Parl. D. Com. London , Printed for Edward Husbands and John Franck . 1642. 
A33865	----	A collection of several treatises concerning the reasons and occasions of the penal laws 1675 Approx. 222 KB of XML-encoded text transcribed from 68 1-bit group-IV TIFF page images. Text Creation Partnership, Ann Arbor, MI ; Oxford (UK) : 2008-09 (EEBO-TCP Phase 1). A33865 Wing C5192A ESTC R11022 12535611 ocm 12535611 62848 This keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the Early English Books Online Text Creation Partnership. This Phase I text is available for reuse, according to the terms of Creative Commons 0 1.0 Universal . The text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. Early English books online. (EEBO-TCP ; phase 1, no. A33865) Transcribed from: (Early English Books Online ; image set 62848) Images scanned from microfilm: (Early English books, 1641-1700 ; 660:3) A collection of several treatises concerning the reasons and occasions of the penal laws Burghley, William Cecil, Baron, 1520-1598. Execution of justice in England. Watson, William, 1559?-1603. Important considerations which ought to move all true and sound Catholikes. [8], 13 [i.e. 131] p. Printed for Richard Royston ..., London : 1675. Added t.p. on p. [91]: The Jesuits reasons unreasonable, or, Doubts proposed to the Jesuits upon their paper presented to divers persons of honour ..., London : [s.n.], 1662. The first treatise, by William Cecil, Lord Burghley, was originally published with title "The execution of iustice in England for maintenaunce of publique and Christian peace." The second treatise, by William Watson in collaboration with other priests, was first published with title "Important considerations which ought to move all true and sound Catholikes." The third treatise was first published anonymously. The last two pieces are Catholic attacks on Jesuits. Reproduction of original in Huntington Library. (from t.p.) I. The execution of justice in England, not for religion, but for treason : 17 Dec. 1583 -- II. Important considerations, by the secular priests : printed A.D. 1601 -- III. The Jesuits reasons unreasonable : 1662. Created by converting TCP files to TEI P5 using tcp2tei.xsl, TEI @ Oxford. Re-processed by University of Nebraska-Lincoln and Northwestern, with changes to facilitate morpho-syntactic tagging. Gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. EEBO-TCP is a partnership between the Universities of Michigan and Oxford and the publisher ProQuest to create accurately transcribed and encoded texts based on the image sets published by ProQuest via their Early English Books Online (EEBO) database (http://eebo.chadwyck.com). The general aim of EEBO-TCP is to encode one copy (usually the first edition) of every monographic English-language title published between 1473 and 1700 available in EEBO. EEBO-TCP aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the Text Encoding Initiative (http://www.tei-c.org). The EEBO-TCP project was divided into two phases. The 25,363 texts created during Phase 1 of the project have been released into the public domain as of 1 January 2015. Anyone can now take and use these texts for their own purposes, but we respectfully request that due credit and attribution is given to their original source. Users should be aware of the process of creating the TCP texts, and therefore of any assumptions that can be made about the data. Text selection was based on the New Cambridge Bibliography of English Literature (NCBEL). If an author (or for an anonymous work, the title) appears in NCBEL, then their works are eligible for inclusion. Selection was intended to range over a wide variety of subject areas, to reflect the true nature of the print record of the period. In general, first editions of a works in English were prioritized, although there are a number of works in other languages, notably Latin and Welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so. Image sets were sent to external keying companies for transcription and basic encoding. Quality assurance was then carried out by editorial teams in Oxford and Michigan. 5% (or 5 pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet QA standards were returned to the keyers to be redone. After proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of 100 instances per text. Any remaining illegibles were encoded as <gap>s. Understanding these processes should make clear that, while the overall quality of TCP data is very good, some errors will remain and some readable characters will be marked as illegible. Users should bear in mind that in all likelihood such instances will never have been looked at by a TCP editor. The texts were encoded and linked to page images in accordance with level 4 of the TEI in Libraries guidelines. Copies of the texts have been issued variously as SGML (TCP schema; ASCII text with mnemonic sdata character entities); displayable XML (TCP schema; characters represented either as UTF-8 Unicode or text strings within braces); or lossless XML (TEI P5, characters represented either as UTF-8 Unicode or TEI g elements). Keying and markup guidelines are available at the Text Creation Partnership web site . eng Catholic Church -- England. Jesuits -- Controversial literature. Treason -- England. 2006-05 TCP Assigned for keying and markup 2006-05 Apex CoVantage Keyed and coded from ProQuest page images 2007-03 Robyn Anspach Sampled and proofread 2007-03 Robyn Anspach Text and markup reviewed and edited 2008-02 pfs Batch review (QC) and XML conversion A COLLECTION OF SEVERAL TREATISES CONCERNING The Reasons and Occasions OF THE PENAL LAWS . VIZ. I. The Execution of JUSTICE in England , not for Religion , but for Treason : 17 Dec. 1583. II. Important Considerations , by the Secular Priests : Printed A.D. 1601. III. The Jesuits Reasons Unreasonable : 1662. LONDON , Printed for Richard Royston , Bookseller to His Most Sacred Majesty . M. DC . LXXV . THE PREFACE . THE design of publishing these Treatises , is to vindicate the Honour and Justice of our Laws from the rude aspersions , which have been lately cast upon them , by such who are better versed in Hollinshead and Stow , than in the true Reasons and Occasions of those Laws . This is the present method of dealing with our Church and Laws , when our Adversaries have been quite tired with scolding , they betake themselves to throw dirt in the face of them ; and I am sorry the weakness or imprudence of any late Historians among us should furnish them with dunghils for this purpose . But since we have to deal with such who have no advantage , but what the weakness and mistakes of their Adversaries give them , it were heartily to be wished , that some effectual course were taken , that the History of our Church since the Reformation , might be delivered to Posterity with greater care and sincerity than hath yet been used about it . It hath been thought the wisdom of some of the best governed Nations in the World , to take a great care of their Histories , by whom and in what manner they were written . Josephus saith , That none but the High-Priests and the Prophets were allowed to write the Histories of the Jewish Nation ; the like others say of the Chaldeans , Egyptians , and Persians , who all looked upon the History of their Country as a Sacred thing , and which none ought to presume to meddle with , but such as were appointed for it , and whose imployment was supposed to free them from the suspicion of flattery or falshood . But above all Nations , the Chineses , as they were most remarkable for Political Wisdom , were the most punctual in this matter ; no man durst attempt any thing of History among them besides him whose publick Office it was , which he was bound to perform with all fidelity , for his won time ; but not to call in question , or correct any thing before him ; by which means , the History of that mighty Empire , though written by multitudes of Authors , is one continued and entire Story without any variety or contradiction . It is very well known , that the old Romans suffered none but the Pontifex Maximus to make up the Annals of every Year ; which himself was only intrusted with the keeping of , that the People might , upon resort to his house , have full satisfaction in all their doubts ; and these were called the Annales Maximi ; and although some make this custom as old as the foundation of that Government , yet Vopiscus more probably makes it to be one of the wise Constitutions of Numa . Dion saith , That while the Roman Senate continued its Authory , the Actions of every year were solemnly read out of the Publick Commentaries to the Senate and People ; and although particular persons would write Histories according to their own inclinations , yet the Truth might be discerned out of the Publick Records : and although he very much laments the uncertainty of their Histories afterwards , when the Emperours would not endure the Truth to be written ; yet there were persons who would write , though they died for it , which was the case of Cremutius Cordus and Titus Labienus ; which made Seneca say , Res nova & insueta , supplicia de studiis sumi : but it seems by what follows in him , the World may bear the loss of such Writings ; for , rejoycing that this Persecution of Wits began after Cicero's time , he saith , Dii melius , quòd eo seculo ista ingeniorum supplicia coepèrunt , quo ingenia desiêrunt . And it appears by Tacitus , that the custom of Publick Annals was preserved to his time for the greater Affairs , and the Diurna Acta Urbis for lesser occurrences : and Tertullian frequently appeals to the Archives and Publick Commentaries . Which custom of preserving publick Records of History , did likewise obtain in most well-governed Cities ; as Plutarch often quotes the Delphick and Laconick Commentaries . These things I only mention , that it may not be thought below the wisdom of a Nation to take care of the History of it ; and not to suffer it to be profaned or corrupted , by every mean , peevish , or indiscreet Writer , that hath so little wit and judgment , as to think himself fit to write the History , either of his own or former times . None are fit for such a work but persons of great judgment and capacity , and such who have had the best portunities of understanding Affairs , and have the greatest reputation for integrity to report them . And we want not some such as these , who are so well known , that I need not name them , but they are but few in comparison with others . It was complained of among the Romans , that L. Octacilius being but a Libertine , though he were Pompey's Master , should presume to write a History , that being a Work proper for the wisest Senators ; and Learned men have long wished for a perpetual Edict against scribbling Historians , as great debauchers of Truth , and corrupters of the Faith of History . I wish it were as easie to remedy as to complain of these things ; but those of us who are concerned for the Honour of our Church and Nation , find the continual and growing inconveniences of this mischief ; when we see all the false or indiscreet passages of the worst Historians picked up , and upon all occasions made use of as the best Weapons against our Church . But thanks be to God , things are not yet so bad with us , but we have sufficient evidence left to clear our selves of these reproaches , without being put to defend the weaknesses of every trisling Historian . What if Hollinshead , or Stow , or Speed , or any later men have let fall some passages , which the Enemies of our Church make use of to its disadvantage ? Must things presently be concluded to be just as such men have said , without searching farther ? Must we be judged by them , rather than by such who were in the top of business , and knew all the first grounds and Reasons of Things ? rather than by those , who were as much concerned to have found out all reproaches against our Penal Laws ; and yet acknowledge them to have had such Reasons for them , that no Government in the World , but upon the same provocations , would have done the same things ? This is that particular part of our History , which I have endeavoured to clear by these following Treatises , which have these advantages to recommend them to the Readers Consideration , 1. That the first of them was penned by the direction of one of the Greatest Statesmen of his Age , and one of the Wisest Persons this Nation hath ever bred , viz. the Lord Treasurer Burleigh . For when the Jesuits and their Party had filled the Courts of the Princes in Christendom with their noise and clamours of the dreadful Persecutions in England , that Great man thought it not below him to write this Apology for the Execution of Justice here , and to shew how reasonable , just , and moderate the Proceedings of the State were , considering the height and insolence of the provocations ; and this was published in several Languages , and dispersed in the Courts of Princes to undeceive them as to all the false reports of the Romish Emissaries , who have taken upon them that publick Character of the Popes Ambassadors to lye abroad for his and their own advantage . 2. But after that by the means of Cardinal Allen and others , they had endeavoured to blast the reputation of that Apology ; and after the death of that great Minister of State , the Secular Priests did publish their Important Considerations , wherein they assert the Truth of what was said in the Apologie , and vindicate the Honour and Justice of the Penal Laws : which is the second Treatise here published and printed according to their own Copy ; and which hath been so much concealed , or bought up by those of that Religion , that it hath been heard of by sew , and seen by fewer Protestants . 3. And lest any should say , that all those dangerous Principles to Government are since his Majesties happy Restauration utterly disowned by them , I have added a third Treatise , printed by one of their own Religion 1662. which charges the Jesuitical Party so deep with those Principles and Practices as to make them uncapable of any Favour . If other persons will pursue the same method in retrieving such considerable Treatises as these are , they may do more service to our Church and Nation than by writing Histories themselves ; and I shall desire the late Apologist to set these Authors of his own Church , against the petty Historians he so punctually quotes on all occasions : And we have so much the more reason to consider these things , since in a very late Treatise called the Bleeding Iphigenia , the Irish Rebellion is defended by one of the Titular Bishops to be a just and holy War ; and seeing they still think it lawful , what can we imagine then that they want , but another occasion to do the same things ? THE EXECVTION OF JUSTICE IN ENGLAND , For maintenance of Publick and Christian Peace , &c. IT hath been in all Ages and in all Countries , a common usage of all offenders for the most part , both great and small , to make defence of their lewd and unlawful facts by untruths , and by colouring and covering their deeds ( were they never so vile ) with pretences of some other causes of contrary operations or effects : to the intent not only to avoid punishment or shame , but to continue , uphold , and prosecute their wicked attempts , to the full satisfaction of their disordered and malicious appetites . And though such hath been the use of all Offenders , yet of none with more danger than of Rebels and Traytors to their lawful Princes , Kings , and Countries . Of which sort of late years , are specially to be noted certain persons naturally born Subjects in the Realm of England , and Ireland , who having for some good time professed outwardly their obedience to their Soveraign Lady Queen Elizabeth , have nevertheless afterward been stirred up and seduced by wicked Spirits , first in England sundry years past , and secondly , and of latter time in Ireland , to enter into open Rebellion , taking Arms and coming into the Field against her Majesty and her Lieutenants , with their Forces under Banners displayed , inducing by notable untruths many simple people to follow and assist them in their Traitorous actions . And though it is very well known , that both their intentions and manifest actions were bent , to have deposed the Queens Majesty from her Crown , and to have traiterously set in her place some other whom they liked , whereby if they had not been speedily resisted , they would have committed great bloodsheds and slaughters of her Majesties faithful Subjects , and ruined their native Country : Yet by Gods power given unto her Majesty , they were so speedily vanquished , as some few of them suffered by order of Law according to their deserts , many and the greatest part upon Confession of their faults were pardoned , the rest ( but they not many ) of the principal , escaped into Foreign Countries , and there because in none or few places Rebels and Traitors to their natural Princes and Countries : dare for their Treasons challenge at their first muster open comfort or succour , these notable Traitors and Rebels , have falsly informed many Kings , Princes , and States , and specially the Bishop of Rome , commonly called the Pope , ( from whom they all had secretly their first comfort to Rebell ) that the cause of their flying from their ▪ Countries was for the Religion of Rome , and for maintenance of the said Popes Authority . Whereas divers of them before their Rebellion lived so notoriously , the most part of their lives , out of all good rule , either for honest manners , or for any sense in Religion , as they might have been rather familiar with Catalin , or Favourers to Sardanapalus , than accounted good Subjects under any Christian Princes . As for some examples of the heads of these Rebellions , out of England , fled Charles Nevill Earl of Westmerland , a person utterly wasted by looseness of life , and by Gods punishment even in the time of his Rebellion , bereaved of his Children that should have succeeded him in the Earldom : and how his Body is now eaten with Ulcers of lewd causes , all his Companions do see , that no Enemy he had can wish him a viler punishment . And out of Ireland ran away one Thomas Stukeley , a defamed person almost through all Christendom , and a faithless Beast rather than a Man , fleeing first out of England for notable Piracies , and out of Ireland for treacheries not pardonable , which two were the first Ringleaders of the rest of the Rebels ; the one for England , the other for Ireland . But notwithstanding the notorious evil and wicked lives of these and others their Confederates , void of all Christian Religion , it liked the Bishop of Rome , as in favour of their Treasons , not to colour their offences as themselves openly pretend to do , for avoiding of common shame of the World , but flatly to animate them to continue their former wicked purposes , that is , to take Arms against their lawful Queen , to invade her Realm with Foreign Forces , to pursue all her good Subjects and their Native Countries with Fire and Sword : for maintenance whereof there had some years before , at sundry times , proceeded in a thundring sort , Bulls , Excommunications , and other publick Writings , denouncing her Majesty , being the lawful Queen , and Gods anointed Servant , not to be the Queen of the Realm , charging and upon pains of Excommunication , commanding all her Subjects , to depart from their natural Allegiances , whereto by birth and by Oath they were bound . Provoking also and authorising all persons of all degrees within both the Realms to Rebell , and upon this Antichristian Warrant , being contrary to all the Laws of God and Man , and nothing agreeable to a pastural Officer , not only all the rabble of the foresaid Traitors that were before fled , but also all other persons that had forsaken their Native Countries , being of divers conditions and qualities , some not able to live at home but in beggery , some discontented for lack of preferments , which they gaped for unworthily in Universities and other places , some Bankrupt Merchants , some in a sort learned to contentions , being not contented to learn to obey the Laws of the Land , have many years running up and down , from Country to Country , practised some in one Corner , some in another , some with seeking to gather Forces and money for Forces , some with instigation of Princes by untruths to make War upon their natural Country , some with inward practises to murder the Greatest , some with seditious Writings , and very many of late with publick infamous Libels , full of despiteful , vile terms , and poisoned lies , altogether to uphold the foresaid Antichristian and Tyrannous Warrant of the Popes Bull. And yet also by some other means , to further these intentions , because they could not readily prevail by way of Force , finding Foreign Princes of better consideration and not readily inclined to their wicked purposes , it was devised to erect up certain Schools which they called Seminaries , to nourish and bring up persons disposed naturally to Sedition , to continue their race and trade , and to become Seedmen in their Tillage of Sedition , and them to send secretly into these the Queens Majesties Realms of England and Ireland under secret Masks , some of Priesthood , some of other inferior Orders , with Titles of Seminaries for some of the meaner sort , and of Jesuits for the stagers and ranker sort and such like ; but yet so warily they crept into the Land , as none brought the marks of their Priesthood with them , but in divers Corners of her Majesties Dominions , these Seminaries , or Seedmen , and Jesuits , bringing with them certain Romish trash , as of their hallowed Wax , their Agnus Dei , many kind of Beads , and such like , have as Tillage-men , laboured secretly to perswade the people to allow of the Popes foresaid Bulls and Warrants , and of his absolute Authority over all Princes and Countries , and striking many with pricks of Conscience to obey the same ; whereby in Process of small time , if this wicked and dangerous , traitorous and crafty course , had not been by Gods goodness espied and stayed , there had followed imminent danger of horrible uprores in the Realms , and a manifest bloody destruction of great multitudes of Christians . For it cannot be denied , but that so many as should have been induced , and throughly perswaded to have obeyed that wicked Warrant of the Popes , and the Contents thereof , should have been forthwith in their hearts and Consciences , secret Traitors , and for to be indeed errant and open Traitors , there should have wanted nothing but opportunity to feel their strength , and to assemble themselves in such numbers , with Armour and Weapons , as they might have presumed to have been the greater part , and so by open civil War , to have come to their wicked purposes . But Gods goodness by whom Kings do Rule , and by whose blast Traitors are commonly wasted and confounded , hath otherwise given to her Majesty , as to his Handmaid and dear Servant , ruling under him , the spirit of Wisdom and Power , whereby she hath caused some of these seditious Seedmen , and Sowers of Rebellion , to be discovered , for all their secret lurkings , and to be taken and charged with these former points of High Treason , not being dealt withal upon questions of Religion , but justly condemned as Traitors . At which times , notwithstanding all manner of gentle ways of perswasions used , to move them to desist from such manifest traitorous courses and opinions , yet was the Canker of their Rebellious humours so deeply entred and graven into the hearts of many of them , as they would not be removed from their traiterous determinations . And therefore as manifest Traitors in maintaining and adhearing to the capital Enemy of her Majesty and her Crown , who hath not only been the cause of two Rebellions already passed in England and Ireland , but in that of Ireland did manifestly wage and maintain his own people Captains and Souldiers under the Banner of Rome , against her Majesty ( so as no Enemy could do more : ) These I say have justly suffered Death , not by force or form of any new Laws established , either for Religion , or against the Popes Supremacy , as the slanderous Libellers would have it seem to be , but by the antient temporal Laws of the Realm , and namely by the Laws of Parliament made in King Edward the Thirds time , about the year of our Lord , 1330. which is above 200. years and more past , when the Bishops of Rome , and Popes , were suffered to have their Authority Ecclesiastical in this Realm as they had in many other Countries . But yet of this kind of Offenders , as many of them , as after their Condemnations were contented to renounce their former traiterous assertions , so many were spared from Execution , and do live still at this day ; such was the unwillingness in her Majesty to have any blood spilt , without this very just and necessary cause , proceeding from themselves . And yet nevertheless , such of the rest of the Traitors as remain in Foreign parts , continuing still their Rebellious minds , and craftily keeping themselves aloof off from dangers , cease not to provoke sundry other inferiour seditious persons , newly to steal secretly into the Realm , to revive the former seditious practises , to the Execution of the Popes foresaid Bulls against her Majesty and the Realm , pretending when they are apprehended , that they came only into the Realm , by the commandment of their Superiours , the Heads of the Jesuits , to whom they are bound ( as they say ) by Oath , against either King or Country , and here to inform or reform Mens Consciences from errors in some points of Religion , as they shall think meet : but yet in very truth the whole scope of their secret labours is manifestly proved , to be secretly to win all people , with whom they dare deal , so to allow of the Popes said Bulls , and of his Authority without exception , as in obeying thereof , they take themselves fully discharged of their Allegiance , and Obedience to their lawful Prince and Country , yea , and to be well warranted to take Arms to Rebell against her Majesty when they shall be thereunto called , and to be ready secretly to join with any Foreign Force that can be procured to invade the Realm , whereof also they have a long time given , and yet do for their advantage , no small comfort of success : and so consequently the effect of their labours is to bring the Realm not only into a dangerous War against the Forces of Strangers ( from which it hath been free above 23. or 24. years , a Case very memorable and hard to be matched with an example of the like : ) but into a War Domestical and Civil , wherein no blood is usually spared , nor mercy yielded , and wherein neither the Vanqueror nor the vanquished , have cause of triumph . And forasmuch as these are the most evident perils that necessarily should follow , if these kind of Vermine were suffered to creep by stealth into the Realm , and to spread their poyson within the same , howsoever when they are taken , like Hypocrites , they colour and counterfeit the same with profession of devotion in Religion : it is of all persons to be yielded in reason , that her Majesty and all her Governours and Magistrates of Justice , having care to maintain the peace of the Realm ( which God hath given in her time , to continue longer than ever in any time of her Progenitors ) ought of duty to Almighty God the Author of Peace , and according to the natural love and charge due to their Country , and for avoiding of the Floods of blood , which in Civil Wars are seen to run and flow , by all lawful means possible , as well by the Sword as by Law , in their several seasons to impeach and repel , these so manifest and dangerous colourable practices , and works of Sedition and Rebellion . And though there are many Subjects known in the Realm , that differ in some opinions of Religion from the Church of England , and that do also not forbear to profess the same , yet in that they do also profess Loyalty and Obedience to her Majesty , and offer readily in her Majesties defence to impugn and resist any Foreign Force , though it should come or be procured from the Pope himself , none of these sort are for their contrary opinions in Religion prosecuted or charged with any crimes or pains of Treason , nor yet willingly searched in their Consciences for their contrary opinions , that savour not of Treason . And of these sorts , there are a number of persons , not of such base and vulgar note as those were which of late have been executed , as in particular , some by name are well known , and not unfit to be remembred . The first and chiefest by Office was Dr. Heth , that was Archbishop of York , and Lord Chancellor of England in Queen Maries time , who at the first coming of her Majesty to the Crown , shewing himself a faithful and quiet Subject , continued in both the said Offices , though in Religion then manifestly differing , and yet was he not restrained of his liberty , nor deprived of his proper lands and goods , but leaving willingly both his Offices , lived in his own House , and injoyed all his purchased Lands during all his natural life , until by very age he departed this World , and then left his House and living to his Friends : an example of gentleness never matched in Queen Maries time . The like did one Dr. Pool that had been Bishop of Peterborough , an ancient grave person , and a very quiet Subject . There were also others that had been Bishops and in great estimation , as Dr. Tunstal Bishop of Duresm , a person also of very quiet behaviour . There were also other , Dr. White , and Dr. Oglethorp , one of Winchester , the other of Carlisle , Bishops : and Dr. Thurleby , and Dr. Watson yet living , one of Ely , the other of Lincoln , Bishops : not pressed with any capital pain , though they maintained the Popes Authority against the Laws of the Realm : and some Abbots , as Mr. Fecknam yet living , a person also of quiet and courteous behaviour for a great time . Some also were Deans , as Dr. Boxall Dean of Windsore , a person of great modesty and knowledge : Dr. Cole Dean of Pauls , a person more earnest than wise : Dr. Reynolds Dean of Exeter , and many such others having born Office and Dignities in the Church , and had made profession against the Pope , which they began in Queen Maries time to change , yet were they never to this day burdened with capital pains , nor yet deprived of any their goods or proper livelyhoods , but only removed from their Ecclesiastical Offices , which they would not exercise according to the Laws . And most of them for a great time were retained in Bishops Houses in very civil and courteous manner , without charge to themselves or their friends , until the time that the Pope began by his Bulls and Messages , to offer trouble to the Realm by stirring of Rebellion : about which time only , some of these aforenamed being found busier in matters of state tending to stir troubles , than was meet for the common quiet of the Realm , were removed to other more private places , where such other wanderers as were men known to move sedition , might be restrained from common resorting to them to increase trouble , as the Popes Bull gave manifest occasion : and yet without charging them in their Consciences or otherwise , by any inquisition to bring them into danger of any capital Law , so as no one was called to any capital or bloody question upon matters of Religion , but have all injoyed their life as the course of nature would : and such of them as yet remain , may , if they will not be Authors or Instruments of Rebellion or Sedition , injoy the time that God and nature shall yield them without danger of life or member . And yet it is worthy to be well marked , that the chiefest of all these , and the most of them , had in the time of King Henry the Eight , and King Edward the Sixth , either by Preaching , Writing , reading or arguing , taught all people to condemn and abhor the Authority of the Pope : yea they had many times given their Oaths publickly , against the Popes Authority , and had also yielded to both the said Kings , the Title of supream head of the Church of England next under Christ , which title the Adversaries do most falsly write and affirm , that the Queens Majesty doth now use : a manifest lie and untruth . And for proof that these foresaid Bishops and learned men had so long time disavowed the Popes Authority , many of their Books and Sermons against the Popes Authority remain printed to be seen in these times , to their great shame and reproof to change so often , and specially in persecuting such as themselves have taught and established to hold the contrary . There were also and yet be a great number of others , being Lay-men of good possessions and Lands , men of good credit in their Countries , manifestly of late times seduced to hold contrary opinions in Religion for the Popes Authority , and yet none of them have been sought hitherto to be impeached in any point or quarrel of Treason , or of loss of Life , Member , or Inheritance , so as it may plainly appear , that it is not , nor hath been for contrarious opinions in Religion , or for the Popes Authority , as the Adversaries do boldly and falsly publish , that any persons have suffered Death since her Majesties Reign , and yet some of these sort are well known to hold opinion , that the Pope ought by Authority of Gods word to be Supream and only Head of the Catholick Church , and only to rule in all causes Ecclesiastical , and that the Queens Majesty ought not to be the Governour over all her Subjects in her Realm being persons Ecclesiastical : which opinions are nevertheless in some part by the Laws of the Realm punishable in some degrees , and yet for none of these points have any persons been prosecuted with the charge of Treason , or in danger of life . And if then it be inquired , for what cause these others have of late suffered Death , it is truly to be answered as afore is often remembred , that none at all are impeached for Treason to the danger of their Life , but such as do obstinately maintain the contents of the Popes Bull afore-mentioned , which do import , that her Majesty is not the lawful Queen of England , the first and highest point of Treason : and that all her Subjects are discharged of their Oaths and Obedience , another high point of Treason : and all warranted to disobey her and her Laws , a third and a very large point of Treason . And thereto is to be added a fourth point most manifest , in that they would not disallow the Popes hostile proceedings in open Wars against her Majesty in her Realm of Ireland , where one of their Company Dr. Sanders , a lewd Scholar and Subject of England , a Fugitive and a principal Companion and Conspirator with the Traitors and Rebels at Rome , was by the Popes special Commission a Commander , as in form of a Legate , and sometime a Treasurer or Pay-Master for those Wars , which Dr. Sanders in his Book of his Church Monarchy , did afore his passing into Ireland openly by Writing , gloriously avow the foresaid Bull of Pius Quintus against her Majesty , to be lawful , and affirmeth that by vertue thereof one Dr. Mooreton , an old English Fugitive and Conspirator , was sent from Rome into the North parts of England , to stir up the first Rebellion there , whereof Charles Nevill the late Earl of Westmerland was a Head Captain . And thereby it may manifestly appear to all men , how this Bull was the ground of the Rebellions both in England and Ireland , and how for maintenance thereof , and for sowing of Sedition by Warrant and allowance of the same , these persons were justly condemned of Treason , and lawfully Executed by the ancient Laws temporal of the Realm , without any other matter than for their practices and Conspiracies both abroad and at home against the Queen and the Realm , and for maintaining of the Popes foresaid Authority and Bull published to deprive her Majesty of her Crown , and for withdrawing and reconciling of her Subjects from their natural allegiance due to her Majesty and to their Country , and for moving them to Sedition : and for no other causes or questions of Religion were these persons condemned : although true it is , that when they were charged and convinced of these points of Conspiracies and Treasons , they would still in their answers colourably pretend their actions to have been for Religion : but in deed and truth they were manifest for the procurement and maintenance of the Rebellions and Wars against her Majesty and her Realm . And herein is now the manifest diversity to be seen and well considered , betwixt the truth of her Majesties actions , and the falshood of the blasphemous Adversaries : that where the factious party of the Pope the principal Author of the Invasions of her Majesties Dominions , do falsly alledge , that a number of persons , whom they term as Martyrs , have died for defence of the Catholick Religion , the same in very truth may manifestly appear to have died ( if they so will have it ) as Martyrs for the Pope , and Traitors against their Soveraign and Queen in adhering to him , being the notable and only open hostile Enemy in all actions of War against her Majesty , her Kingdoms and People : and that this is the meaning of all these that have so obstinately maintained the Authority and contents of this Bull , the very words of the Bull do declare in this sort , as Dr. Sanders reporteth them . PIus Quintus Pontifex Maximus , de Apostolicae potestatis plenitudine , declaravit Elizabetham praetenso Regni jure , necnon omni & quocunque dominio , dignitate , privilegioque privatam : Itemque Proceres , subditos & populos dicti regni , ac caeteros omnes qui illi quomodocunque juraverunt , à juramento hujusmodi ac omni fidelitatis debito , perpetuo absolutos : That is to say , Pius Quintus the greatest Bishop , of the fulness of the Apostolick Power , declared Elizabeth to be bereaved or deprived of her pretended right of her Kingdom , and also of all and whatsoever Dominion , Dignity , and Priviledge : and also the Nobles , Subjects , and People of the said Kingdom , and all others which had sworn to her any manner of ways , to be absolved for ever from such Oath , and from all debt or duty of fealty , and so forth , with many threatning Cursings , to all that durst obey her or her Laws . And for Execution hereof , to prove , that the effect of the Popes Bull and Message was a flat Rebellion , it is not amiss to hear what Dr. Sanders the Popes firebrand in Ireland also writeth in his visible Church Monarchy , which is thus . Pius Quintus Pontifex Maximus , Anno Domini 1569. reverendum presbyterum Nicolaum Mortonum Anglum in Angliam misit , ut certis illustribus viris authoritate Apostolica denunciaret , Elizabetham quae tunc rerum potiebatur , haereticam esse : ob eamque causam , omni Dominio & potestate excidisse , impuneque ab illis velut ethnicam haberi posse , ne● eos illius legibus aut mandatis deinceps obedire cogi : That is to say , Pius Quintus the greatest Bishop , in the year of our Lord 1569. sent the reverend Priest Nicholas Morton an Englishman into England , that he should denounce or declare by the Apostolick Authority to certain Noblemen , Elizabeth , who then was in possession , to be an Heretick : and for that cause , to have fallen from all Dominion and Power , and that she may be had or reputed of them as an Ethnick , and that they are not to be compelled to obey her Laws or Commandments , &c. Thus you see an Ambassage of Rebellion from the Popes Holiness , the Ambassadour an old doting English Priest , a Fugitive and Conspirator , sent as he saith to some Noblemen , and those were the two Earls of Northumberland and Westmerland , Heads of the Rebellion . And after this , he followeth to declare the success thereof , which I dare say he was sorry it was so evil , with these words . Qua denuntiatione multi nobiles viri adducti sunt , ut de fratribus liberandis cogitare auderent , ac sperabant illi quidem Catholicos omnes summis viribus affuturos esse : verùm etsi aliter quàm illi expectabant res evenit , quià Catholici omnes nondum probè cognoverant , Elizabetham haereticam esse declaratam , tamen laudanda illorum Nobilium consilia erant . That is , By which denuntiation , many Noblemen were induced or led , that they were boldned to think of the freeing of their Brethren , and they hoped certainly that all the Catholicks would have assisted them with all their strength : but although the matter happened otherwise than they hoped for , because all the Catholicks knew not that Elizabeth was declared to be an Heretick , yet the Counsels and intents of those Noblemen were to be praised . A Rebellion and a vanquishing of Rebels very smoothly described . This noble fact here mentioned , was the Rebellion in the North : the Noblemen were the Earls of Westmerland and Northumberland : the lack of the event or success , was that the Traitors were vanquished , and the Queens Majesty and her Subjects had by Gods Ordinance the Victory : and the cause why the Rebels prevailed not , was because all the Catholicks had not been duly informed that the Queens Majesty was declared to be ( as they term it ) an Heretick : which want of information , to the intent to make the Rebels mightier in number and power , was diligently and cunningly supplyed by the sending into the Realm of a great multitude of the Seminaries and Jesuits , whose special charge was to inform the people thereof , as by their actions hath manifestly appeared . And though Dr. Sanders hath thus written , yet it may be said by such as favoured the two notable Jesuits , one named Robert Persons ( who yet hideth himself in Corners to continue his Trayterous practice ) the other named Edmond Campion ( that was found out being disguised like a Royster , and suffered for his Treasons ) that Dr. Sanders Treason is his proper Treason in allowing of the said Bull , but not to be imputed to Persons and Campion . Therefore to make it plain that these two by special Authority had charge to execute the sentence of this Bull , these Acts in Writing following shall make manifest , which are not feigned or imagined , but are the very Writings taken about one of their Complices , immediately after Campions Death . Facultates concessaepp . Roberto Personio , & Edmundo Campiano , pro Anglia , die 14. Aprilis 1580. PEtatur à summo Domino nostro , explicatio Bullae declaratoriae per Pium Quintum contra Elizabetham & ei adhaerentes , quam Catholici cupiunt intelligi hoc modo , ut obliget semper illam & haereticos , catholicos vero nullo modo obliget rebus sic stantibus , sed tum demum quando publica ejusdem bullae executio fieri poterit . Then followed many other Petitions of faculties for their further Authorities , which are not needful for this purpose to be recited : but in the end followeth this Sentence as an answer of the Popes , Has praedictas gratias concessit Summus Pontifex patri Roberto Persnio , & Edmundo Campiano in Angliam profecturis , die 14. Aprilis 1580. Praesente patre Oliverio Manarco assistente . The English of which Latin Sentences is , as followeth . Faculties granted to the two Fathers , Robert Persons , and Edmond Campion for England , the 14 day of April , 1580. LET it be asked or required of our most holy Lord , the explication or meaning of the Bull declaratory made by Pius the Fifth against Elizabeth , and such as do adhere or obey her , which Bull the Catholicks desire to be understood in this manner , that the same Bull shall always bind her and the Hereticks , but the Catholicks it shall by no means bind , as matters or things do now stand or be , but hereafter , when the publick execution of that Bull may be had or made . Then in the end the conclusion was thus added . The highest Pontiff or Bishop , granted these foresaid graces to Father Robert Persons , and Edmond Campion , who are now to take their Journeys into England , the fourteenth day of April , in the year of our Lord , 1580. Being present , the Father Oliverius Manarke assistant . Hereby is it manifest , what Authority Campion had to impart the contents of the Bull against the Queens Majesty , howsoever he himself denied the same . And though it be manifest that these two Jesuits , Persons and Campion , not only required to have the Popes mind declared for the Bull , but also in their own Petitions , shewed how they and other Catholicks did desire to have the said Bull to be understood against the Queen of England : yet to make the matter more plain how all other Jesuits and Seminaries , yea how all Papists naming themselves Catholicks , do and are warranted to interpret the said Bull against her Majesty and her good Subjects , you shall see what one of their fellows , named Hart , who was condemned with Campion , did amongst many other things declare his knowledge thereof the last of December , in the same year , 1580. in these words following . The Bull of Pius Quintus ( for so much as it is against the Queen ) is holden among the English Catholicks for a lawful sentence , and a sufficient discharge of her Subjects fidelity , and so remaineth in force , but in some points touching the Subjects , it is altered by the present Pope . For where in that Bull all her Subjects are commanded not to obey her , and she being excommunicate and deposed , all that do obey her are likewise innodate and accursed , which point is perillous to the Catholicks : for if they obey her , they be in the Popes Curse , and if they disobey her , they are in the Queens danger : therefore the present Pope to relieve them hath altered that part of the Bull , and dispenced with them to obey and serve her , without peril of excommunication : which dispensation is to endure but till it please the Pope otherwise to determine . Wherefore to make some conclusion of the matters before-mentioned , all persons both within the Realm and abroad , may plainly perceive that all the infamous Libels lately published abroad in sundry languages , and the slanderous reports made in other Princes Courts of a multitude of persons , to have been of late put to torments and Death , only for profession of the Catholick Religion , and not for matters of state against the Queens Majesty , are false and shameless , and published to the maintenance of Traitors and Rebels . And to make the matter seem more horrible or lamentable , they recite the particular names of all the persons , which by their own Catalogue exceed not for these twenty five years space , above the number of threescore , forgetting or rather with their stony and sensless hearts not regarding , in what cruel sort in the time of Queen Mary , which little exceeded the space of five years , the Queens Majesties Raign being five times as many , there were by Imprisonment , Torments , Famine and Fire , of Men , Women , Maidens and Children , almost the number of four hundred : and of that number , above twenty that had been Archbishops , Bishops , and principal Prelates or Officers in the Church lamentably destroyed , and of Women above threescore , and of Children above forty , and amongst the Women , some great with Child , out of whose bodies the Child , by fire was expelled alive , and yet also cruelly burned : examples beyond all heathen Cruelty . And most of the youth that then suffered cruel Death , both Men , Women , and Children ( which is to be noted ) were such , as had never by the Sacrament of Baptism , or by Confirmation , professed , nor were ever taught or instructed , or ever had heard of any other kind of Religion , but only of that which by their blood and death in the fire they did as true Martyrs testifie . A matter of another sort to be lamented with simplicity of words , and not with puffed Eloquence , than the execution in this time of a very few Traytors , who also in their time , if they exceeded thirty years of Age , had in their Baptism professed , and in their youth had learned the same Religion , which they now so bitterly oppugned . And beside that , in their opinions they differ much from the Martyrs of Queen Maries time : for though they continued in the profession of the Religion wherein they were Christened , yet they never at their death denied their lawful Queen , nor maintained any of her open and Foreign Enemies , nor procured any Rebellion or Civil War , nor did sow any Sedition in secret Corners , nor withdrew any Subjects from their Obedience , as these sworn Servants of the Pope have continually done . And therefore all these things well considered , there is no doubt , but all good Subjects within the Realm do manifestly see , and all wavering persons ( not being led clean out of the way by the seditious ) will hereafter perceive , how they have been abused to go astray . And all strangers , but especially all Christian Potentates , as Emperours , Kings , Princes , and such like , having their Soveraign Estates , either in succession hereditary , or by consent of their people , being acquainted with the very truth of these her Majesties late just and necessary actions , only for defence of her Self , her Crown , and People , against open Invaders , and for eschewing of Civil Wars , stirred up by Rebellion , will allow in their own like Cases , for a truth and rule ( as it is not to be doubted but they will ) that it belongeth not to a Bishop of Rome as Successor of Saint Peter , and therein a Pastor spiritual , or if he were the Bishop of all Christendom , as by the name of Pope he claimeth , first by his Bulls or Excommunications , in this sort at his will in favour of Traytors and Rebels , to depose any Soveraign Princes , being lawfully invested in their Crowns , by succession in blood , or by lawful Election , and then to Arm Subjects against their natural Lords , to make Wars , and to dispense with them for their Oaths in so doing , or to excommunicate faithful Subjects , for obeying of their natural Princes , and lastly himself to make open War , with his own Souldiers , against Princes moving no Force against him . For if these powers should be permitted to him to exercise , then should no Empire , no Kingdom , no Country , no City or Town , be possessed by any lawful title , longer than one such only an earthly man , sitting ( as he saith ) in St. Peters Chair at Rome , should for his will and appetite ( without Warrant from God or Man ) think meet and determine : An Authority never challenged by the Lord of Lords the Son of God , Jesus Christ our only Lord and Saviour , and the only Head of his Church , whilst he was in his Humanity upon the Earth , nor yet delivered by any Writing or certain Tradition from Saint Peter , from whom the Pope pretendeth to derive all his Authority , nor yet from St. Paul the Apostle of the Gentiles ; but contrariwise by all Preachings , Precepts , and Writings , contained in the Gospel and other Scriptures of the Apostles , obedience is expresly commanded to all earthly Princes , yea , even to Kings by special name , and that so generally , as no person is exempted from such duty of obedience , as by the sentence of St. Paul even to the Romans , appeareth , Omnis anima sublimioribus potestatibus sit subdita ; That is , Let every soul be subject to the higher Powers : within the compass of which Law or Precept , St. Chrysostom being Bishop of Constantinople , writeth , that even Apostles , Prophets , Evangelists , and Monks are comprehended . And for proof of St. Peters mind herein , from whom these Popes claim their Authority , it cannot be plainlier expressed , than when he writeth thus : Proinde subjecti estote cuivis humanae ordinationi , propter Dominum , sive Regi , ut qui superemineat , sive Praesidibus ab eo missis : That is , Therefore be you subject to every humane ordinance or creature , for the Lord , whether it be to the King , as to him that is supereminent , or above the rest , or to his Presidents sent by him . By which two principal Apostles of Christ , these Popes the pretended Successors , but chiefly by that which Christ the Son of God , the only Master of Truth , said to Peter and his fellow-Apostles , Reges gentium dominantur , vos autem non sic : That is , The Kings of the Gentiles have rule over them , but you not so , may learn to forsake their arrogant and tyrannous Authorities in earthly and temporal causes over Kings and Princes , and exercise their Pastoral Office , as St. Peter was charged thrice at one time by his Lord and Master , Pasce oves meas , Feed my sheep , and peremptorily forbidden to use a Sword , in saying to him , Converte gladium tuum in locum suum , or , mitte gladium tuum in vaginam : That is , Turn thy Sword into his place , or , Put thy Sword into the scabbard . All which Precepts of Christ and his Apostles , were duly followed and observed many hundred years after their death , by the faithful and godly Bishops of Rome , that duly followed the doctrine and humility of the Apostles , and the doctrine of Christ , and thereby dilated the limits of Christs Church and the Faith , more in the compass of an hundred years , than the latter Popes have done with their Swords and Curses these five hundred years , and so continued untill the time of one Pope Hildebrand , otherwise called Gregory the Seventh , about the year of our Lord , 1074. who first began to usurp that kind of Tyranny , which of late the Pope called Pius Quintus , and since that time , Gregory now the Thirteenth hath followed , for some example as it seemeth , that is : Where Gregory the Seventh , in the year of our Lord 1074. or thereabout , presumed to depose Henry the Fourth , a noble Emperour then being , Gregory the Thirteenth now at this time , would attempt the like against King Henry the Eighth's Daughter and Heir , Queen Elizabeth , a Soveraign Queen , holding her Crown immediately of God. And to the end it may appear to Princes , or to their good Counsellors in one example , what was the fortunate success that God gave to this good Christian Emperour Henry against the proud Pope Hildebrand , it is to be noted , that when the Pope Gregory attempted to depose this noble Emperour Henry , there was one Rodulph a Noble man , by some named the Count of Reenfield , that by the Popes procurement , usurped the name of the Emperour , who was overcome by the said Henry the lawful Emperour , and in fight having lost his right hand , he , the said Rodulph , lamented his case to certain Bishops , who in the Popes name had erected him up , and to them he said , that the self-same right hand which he had lost , was the hand wherewith he had before sworn obedience to his Lord and Master the Emperour Henry , and that in following their ungodly Counsels , he had brought upon him Gods heavy and just Judgments . And so Henry the Emperour prevailing by Gods power , caused Gregory the Pope by a Synod in Italy to be deposed , as in like times before him his Predecessor Otho the Emperour , had deposed one Pope John for many hainous crimes : and so were also within a short time , three other Popes , namely , Sylvester , Bennet , and Gregory the Sixth , used by the Emperour Henry the Third , about the year of our Lord 1047. for their like presumptuous attempts in temporal actions against the said Emperours . Many other examples might be shewed to the Emperours Majesty , and the Princes of the holy Empire now being , after the time of Henry the Fourth : as of Henry the Fifth , and after him , of Frederick the First , and Frederick the Second , and then of Lewis of Bavar , all Emperours , cruelly and tyrannously persecuted by the Popes , and by their Bulls , Curses , and by open Wars , and likewise to many other the great Kings and Monarchs of Christendom , of their noble Progenitors , Kings of their several Dominions : whereby they may see how this kind of tyrannous Authority in Popes to make Wars upon Emperours and Kings , and to command them to be deprived , took hold at the first by Pope Hildebrand , though the same never had any lawful example or warrant from the Laws of God of the Old or New Testament , but yet the successes of their tyrannies were by Gods goodness for the most part made frustrate , as by Gods goodness there is no doubt , but the like will follow to their confusions at all times to come . And therefore , as there is no doubt , but the like violent tyrannous proceedings by any Pope in maintenance of Traiters and Rebels , would be withstood by every Soveraign Prince in Christendom in defence of their Persons and Crowns , and maintenance of their Subjects in Peace : so is there at this present a like just cause that the Emperours Majesty , with the Princes of the holy Empire , and all other Soveraign Kings and Princes in Christendom , should judge the same to be lawful for her Majesty being a Queen , and holding the very place of a King and a Prince Soveraign over divers Kingdoms and Nations , she being also most lawfully invested in her Crown , and as for good governing of her People , with such applause and general allowance , loved , and obeyed of them , saving a few ragged Traiters or Rebels , or persons discontented , whereof no other Realm is free , as continually for these twenty five years past hath been notably seen and so publickly marked , even by strangers repairing into this Realm , as it were no cause of disgrace to any Monarchy and King in Christendom to have her Majesties felicity compared with any of theirs whatsoever : and it may be , there are many Kings and Princes could be well contented with the fruition of some proportion of her felicity . And though the Popes be now suffered by the Emperor , in the Lands of his own peculiar Patrimony , and by the two great Monarchs the French King and the King of Spain , in their Dominions and Territories ( although by other Kings not so allowed ) to continue his Authority in sundry cases , and his glorious Title to be the universal Bishop of the World , which Title Gregory the Great above nine hundred years past , called a profane Title , full of Sacriledge , and a Preamble of Antichrist : yet in all their Dominions and Kingdoms , as also in the Realm of England , most notably by many ancient Laws it is well known , how many ways the tyrannous Power of this his excessive Authority hath been and still is restrained , checked , and limited by Laws and Pragmatiques , both ancient and new : a very large field for the Lawyers of those Countries to walk in and discourse . And howsoever the Popes Canonists being as his Bombarders , do make his Excommunications and Curses appear fearful to the multitude and simple people : yet all great Emperours and Kings aforetime , in their own cases , of their Rights and Royal Preheminences , though the same concerned but a City or a poor Town , and sometime but the not allowance of some unworthy Person to a Bishoprick or to an Abbey , never refrained to despise all Popes Curses or Forces , but attempted always , either by their Swords to compel them to desist from their furious actions , or without any fear of themselves , in body , soul , or conscience , stoutly to withstand their Curses , and that sometime by force , sometime by Ordinances and Laws : the ancient Histories whereof are too many to be repeated , and of none more frequent and effectual than of the Kings of France . But leaving those that are ancient , we may remember how in this our own present or late Age , it hath been manifestly seen , how the Army of the late noble Emperour Charles the Fifth , Father to King Philip that now reigneth , was not afraid of his Curses , when in the year of our Lord 1527. Rome it self was besieged and sacked , and the Pope then called Clement , and his Cardinals , to the number of about thirty three in his Mount Adrian or Castle S. Angelo , taken Prisoners and detained seven months or more , and after ransomed by Don Vgo di Moncada a Spaniard , and the Marquess of Grasto , at about four hundred M. Duckats , besides the ransoms of his Cardinals which was very great , having not long before-time been also notwithstanding his Curses , besieged in the same Castle by the Family of the Colonesi and their Fautors his next Neighbours being then Imperialists , and forced to yield to all their demands . Neither did King Henry the Second of France , Father to Henry now King of France , about the year 1550. fear or regard the Pope or his Court of Rome , when he made several straight Edicts against many parts of the Popes Claims in prejudice of the Crown and Clergy of France , retracting the Authority of the Court of Rome , greatly to the hinderance of the Popes former profits . Neither was the Army of King Philip now of Spain , whereof the Duke of Alva was General , stricken with any fear of cursing , when it was brought afore Rome against the Pope , in the year of our Lord 1555. where great destruction was made by the said Army , and all the delicate Buildings , Gardens , and Orchards next to Rome-Walls overthrown , wherewith his Holiness was more terrified , than he was able to remove with any his Curses . Neither was Queen Mary the Queens Majesties late Sister , a person not a little devoted to the Roman Religion , so afraid of the Popes cursings , but that both she and her whole Council , and that with the assent of all the Judges of the Realm , according to the ancient Laws , in favour of Cardinal Pool her Kinsman , did forbid the entry of his Bulls , and of a Cardinal Hat at Callis , that was sent from the Pope for one Fryer Peyto , whom the Pope had assigned to be a Cardinal in disgrace of Cardinal Pool ; neither did Cardinal Pool himself at the same time obey the Popes commandments , nor shewed himself afraid , being assisted by the Queen , when the Pope did threaten him with pain of Excommunication , but did still oppose himself against the Popes commandment for the said pretended Cardinal Peyto : who notwithstanding all the threatnings of the Pope , was forced to go up and down in the streets of London like a begging Fryer : a stout resistance in a Queen for a poor Cardinals Hat , wherein she followed the example of her Grandfather King Henry the Seventh , for a matter of Allum . So as howsoever the Christian Kings for some respects in Policy can endure the Pope to command where no harm nor disadvantage groweth to themselves , yet sure it is , and the Popes are not ignorant , but where they shall in any sort attempt to take from Christian Princes any part of their Dominions , or shall give aid to their Enemies , or to any other their Rebels , in those cases , their Bulls , their Curses , their Excommunications , their Sentences , and most solemn Anathematicals , no nor their Cross-keys , or double edged Sword , will serve their turns to compass their intentions . And now , where the Pope hath manifestly by his Bulls and Excommunications attempted as much as he could , to deprive her Majesty of her Kingdoms , to withdraw from her the obedience of her Subjects , to procure Rebellions in her Realms , yea , to make both Rebellions and open Wars , with his own Captains , Souldiers , Banners , Ensigns , and all other things belonging to War : shall this Pope , or any other Pope after him , think that a Soveraign Queen , possessed of the two Realms of England and Ireland , stablished so many years in her Kingdoms as three or four Popes have sit in their Chair at Rome , fortified with so much duty , love , and strength of her Subjects , acknowledging no Superiour over her Realms , but the mighty hand of God : shall she forbear , or fear to withstand and make frustrate his unlawful attempts , either by her Sword or by her Laws , or to put his Souldiers Invaders of her Realm to the Sword martially , or to execute her Laws upon her own rebellious Subjects civilly , that are proved to be his chief Instruments for Rebellion , and for his open War ? This is sure , that howsoever either he sitting in his Chair with a triple Crown at Rome , or any other his Proctors in any part of Christendom , shall renew these unlawful attempts , Almighty God , whom her Majesty only honoureth and acknowledgeth to be her only Soveraign Lord and Protector , and whose Laws and Gospel of his Son Jesus Christ she seeketh to defend , will no doubt but deliver sufficient power into his Maidens hand his Servant Queen Elizabeth , to withstand and confound them all . And where the seditious Trumpetters of infamies and lies , have sounded forth and entituled certain that have suffered for Treason , to be Martyrs for Religion : so may they also at this time , if they list , add to their forged Catalogue , the headless body of the late miserable Earl of Desmond , who of late , secretly wandring without succour , as a miserable Begger , was taken by one of the Irishry in his Cabin , and in an Irish sort after his own accustomed savage manner , his head cut off from his body : an end due to such an Arch-rebel . And herewith to remember the end of his chief Confederates , may be noted for example to others , the strange manner of the death of Dr. Sanders the Popes Irish Legat , who also wandring in the Mountains in Ireland without succor , dyed raving in a Phrensie . And before him , one James Fits-Morice the first Traiter of Ireland next to Stukely the Rakehel , a man not unknown in the Popes Palace for a wicked crafty Traiter , was slain at one blow by an Irish noble young Gentleman , in defence of his Fathers Country which the Traiter sought to burn . A fourth man of singular Note was John of Desmond , Brother to the Earl , a very bloody faithless Traiter , and a notable Murderer of his familiar friends , who also wandring to seek some prey like a Wolf in the Woods , was taken and beheaded after his own usage , being as he thought sufficiently armed with the Popes Bulls and certain Agnus Dei , and one notable Ring about his neck sent from the Popes finger ( as it was said : ) but these he saw saved not his life . And such were the fatal ends of all these , being the principal heads of the Irish War and Rebellion , so as no one person remaineth at this day in Ireland a known Traiter . To this number , they may if they seek number , also add a furious young Man of Warwickshire , by name Somervile , to increase their Kalender of the Popes Martyrs , who of late was discovered and taken in his way , coming with a full intent to have killed her Majesty ( whose life God always have in his custody . ) The attempt not denied by the Traiter himself , but confessed , and that he was moved thereto in his wicked spirit , by inticements of certain seditious and traiterous persons his Kinsmen and Allies , and also by often reading of sundry seditious vile Books lately published against her Majesty . But as God of his goodness hath of long time hitherto preserved her Majesty from these and the like Treacheries : so hath she no cause to fear being under his Protection , she saying with King David in the Psalm , My God is my helper and I will trust in him , he is my protection , and the strength or the power of my salvation . And for the comfort of all good Subjects against the shadows of the Popes Bulls , it is manifest to the World , that from the beginning of her Majesties Reign , by Gods singular goodness , her Kingdom hath enjoyed more universal Peace , her People increased in more numbers , in more strength , and with greater riches , the earth of her Kingdoms hath yielded more fruits , and generally all kind of worldly felicity hath more abounded since and during the time of the Popes Thunders , Bulls , Curses , and Maledictions , than in any other long times before , when the Popes Pardons and Blessings came yearly into the Realm : so as his Curses and Maledictions have turned back to himself and his Fautors , that it may be said to the fortunate Queen of England and her People , as was said in Deuteronomy of Balaam , The Lord thy God would not hear Balaam , but did turn his Maledictions or curses into Benedictions or blessings : the reason is , for because thy God loved thee . Although these former reasons are sufficient to perswade all kind of reasonable persons to allow of her Majesties actions to be good , reasonable , lawful , and necessary : yet because it may be , that such as have by frequent reading of false artificial Libels , and by giving credit to them , upon a prejudice or forejudgment afore grounded , by their rooted opinions in favour of the Pope , will rest unsatisfied : therefore as much as may be , to satisfie all persons as far forth as common reason may warrant , that her Majesties late action in executing of certain seditious Traiters , hath not proceeded for the holding of opinions , either for the Popes Supremacy , or against her Majesties Regality , but for the very Crimes of Sedition and Treason , it shall suffice briefly , in a manner of a repetition of the former reasons , to remember these things following . First , it cannot be denied , but that her Majesty did for many years , suffer quietly the Popes Bulls and Excommunications without punishment of the Fautors thereof , accounting of them but as of words or wind , or of Writings in Parchment weighed down with lead , or as of water-bubbles , commonly called in Latine Bullae and such like : but yet after some proof that courage was taken thereof by some bold and bad Subjects , she could not but then esteem them to be very Preambles , or as forerunners of greater danger : and therefore , with what reason could any mislike , that her Majesty did for a bare defence against them , without other action or force , use the help of reviving of former Laws , to prohibit the Publication or Execution of such kind of Bulls within her Realm ? Secondly , when notwithstanding the prohibition by her Laws , the same Bulls were plentifully ( but in secret sort ) brought into the Realm , and at length arrogantly set upon the Gates of the Bishop of Londons Palace near to the Cathedral Church of Pauls , the principal City of the Realm , by a lewd person , using the same like a Herald sent from the Pope : who can in any common reason mislike , that her Majesty finding this kind of denunciation of War , as a defiance to be made in her principal City by one of her Subjects , avowing and obstinately maintaining the same , should according to justice , cause the offender to have the reward due to such a fact ? and this was the first action of any capital punishment inflicted for matter sent from Rome to move Rebellion , which was after her Majesty had reigned about the space of twelve years or more . Thirdly , when the Pope had risen up out of his Chair in his wrath , from words and writings to actions , and had contrary to the advice given by S. Barnard to his Predecessor , that is , when by his Messages he left Verbum and took Ferrum , that is , left to feed by the Word , and began to strike with the Sword , and stirred her Noble men and People directly to disobedience and to open Rebellion , and that her lewd Subjects by his commandment had executed the same with all the Forces which they could make or bring into the field : who with common reason can disallow that her Majesty used her principal Authority , and by her Forces lawful subdued Rebels Forces unlawful , and punished the Authors thereof no otherwise than the Pope himself useth to do with his own Rebellious Subjects , in the Patrimony of his Church ? And if any Prince of People in the World , would otherwise neglect his Office , and suffer his Rebels to have their wills , none ought to pity him , if for want of resistance and courage , he lost both his Crown , his Head , his Life , and his Kingdom . Fourthly , when her Majesty beheld a further increase of the Popes malice , notwithstanding that the first Rebellion was in her North parts vanquished , in that he entertained abroad out of this Realm , the Traiters and Rebels that fled for the Rebellion , and all the Rabble of other the Fugitives of the Realm , and that he sent a number of the same in sorts disguised into both the Realms of England and Ireland , who there secretly allured her People to new Rebellions , and at the same time spared not his charges to send also out of Italy by Sea , certain Ships with Captains of his own , with their Bands of Souldiers , furnished with Treasure , Munition , Victuals , Ensigns , Banners , and all other things requisite to the War , into her Realm of Ireland , where the same Forces with other auxiliar Companies out of Spain landed , and fortified themselves very strongly in the Sea-side , and proclaimed open War , erecting the Popes Banner against her Majesty : may it be now asked of these persons , Favourers of the Romish Authority , what in reason should have been done by her Majesty otherwise , than first to apprehend all such Figitives for stollen into the Realm , and dispersed in disguising habits to sow Sedition , as some Priests in their secret Profession , but all in their apparel , as Roisters or Ruffins , some Scholars , like to the basest Common people , and them to commit to Prisons , and upon their examinations of their Trades and Haunts , to convince them of their Conspiracies abroad , by testimony of their own Companions , and of sowing Sedition secretly at home in the Realm ? What may be reasonably thought was meet to be done with such seditious persons , but by the Laws of the Realm to try , condemn , and execute them ? and especially having regard to the dangerous time , when the Popes Forces were in the Realm of Ireland , and more in preparation to follow as well into England as into Ireland , to the resistance whereof , her Majesty and her Realm was forced to be at greater charges , than ever she had been , since she was Queen thereof . And so by Gods power , which he gave to her on the one part , she did by her Laws suppress the seditious stirrers of Rebellion in her Realm of England , and by her Sword vanquished all the Popes Forces in her Realm of Ireland , excepting certain Captains of mark that were saved from the Sword , as persons that did renounce their quarrel , and seemed to curse or to blame such as sent them to so unfortunate and desperate a Voyage . But though these reasons , grounded upon rules of natural reason , shall satisfie a great number of the Adversaries ( who will yield that by good order of Civil and Christian Policy and Government , her Majesty could nor can do no less than she hath done , first to subdue with her Forces her Rebels and Traiters , and next by order of her Laws to correct the Aiders and Abettors , and lastly to put also to the Sword such Forces as the Pope sent into her Dominions ) yet there are certain other persons , more nicely addicted to the Pope , that will yet seem to be unsatisfied , for that , as they will term the matter , a number of silly poor Wretches were put to death as Traiters , being but in profession Scholars or Priests , by the names of Seminaries , Jesuits , or simple School-masters , that came not into the Realm with any Armor or Weapon , by force to aid the Rebels and Traiters , either in England or in Ireland in their Rebellions or Wars : of which sort of Wretches the commiseration is made , as though for their contrary opinions in Religion , or for teaching of the people to disobey the Laws of the Realm , they might have been otherwise punished and corrected , and yet not with capital punishment . These kinds of defences , tend only to find fault rather with the severity of their punishments , than to acquit them as Innocents or quiet Subjects . But for answer to the better satisfaction of these nice and scrupulous Favourers of Traiters , it must be with reason demanded of them ( if at least they will open their ears to reason ) whether they think that when a King being stablished in his Realm , hath a Rebellion first secretly practised , and afterward openly raised in his Realm by his own seditious Subjects , and when by a Foreign Potentate or Enemy , the same Rebellion is maintained , and the Rebels by messages and promises comforted to continue , and their Treasons against their natural Prince avowed , and consequently when the same Potentate and Enemy , being Author of the said Rebellion , shall with his own proper Forces invade the Realm and Subjects of the Prince that is so lawfully and peaceably possessed : in these cases , shall no Subject favouring these Rebels , and yielding obedience to the Enemy the Invador , be committed or punished as a Traiter , but only such of them , as shall be found openly to carry Armor and Weapon ? Shall no Subject , that is a spial and an explorer for the Rebel or Enemy , against his natural Prince , be taken and punished as a Traiter , because he is not found with Armor or Weapon , but yet is taken in his disguised apparel , with writings , or other manifest tokens , to prove him a Spy for Traiters , after he hath wandered secretly in his Soveraigns Camp , Region , Court , or City ? Shall no Subject be counted a Traiter , that will secretly give earnest and prest money to persons to be Rebels or Enemies , or that will attempt to poyson the Victual , or the Fountains , or secretly set on fire the Ships or Munition , or that will secretly search and sound the Havens and Creeks for landing , or measure the depth of Ditches , or height of Towers and Walls , because these offenders are not found with Armor or Weapon ? The answer I think must needs be yielded ( if reason and experience shall have rule with these Adversaries ) that all these and such like are to be punished as Traiters : and the principal reason is , because the actions of all these are necessary accessaries , and adherents proper , to further and continue all Rebellions and Wars . But if they will deny , that none are Traiters that are not armed , they will make Judas no Traiter , that came to Christ without Armor , colouring his treason with a kiss . Now therefore it resteth to apply the Facts of these late Malefactors that are pretended to have offended but as Scholars , or Book-men , or at the most but as persons that only in words and doctrine , and not with Armor did favour and help the Rebels and the Enemies . For which purpose let these persons be termed as they list , Scholars , Schoolmasters , Book-men , Seminaries , Priests , Jesuits , Fryers , Bead-men , Romanists , Pardoners , or what else you will , neither their titles , nor their apparel doth make them Traiters , but their traiterous secret motions and practices : their persons make not the War , but their directions and counsels have set up the Rebellions . The very causes final of these Rebellions and Wars , have been to depose her Majesty from her Crown : the causes instrumental , are these kind of Seminaries and Seed-men of Sedition : the fruits and effects thereof , are by Rebellion to shed the blood of all her faithful Subjects : the rewards of the Invaders ( if they could prevail ) should be the disinheriting of all the Nobility , the Clergy , and the whole Commonalty , that would ( as they are bound by the Laws of God , by their Birth and Oaths ) defend their natural gracious Queen , their native Country , their Wives , their Children , their Family , and their Houses . And now examine these which you call your unarmed Scholars and Priests , wherefore they lived and were conversant in company of the principal Rebels and Traiters at Rome , and in other places , where it is proved that they were partakers of their Conspiracies ? Let it be answered why they came thus by stealth into the Realm ? why they have wandered up and down in corners in disguised sort , changing their titles , names , and manner of apparel ? Why they have enticed and sought to perswade by their secret false reasons , the people to allow and believe all the actions and attempts whatsoever the Pope hath done or shall do , to be lawful ? Why they have reconciled and withdrawn so many people in corners from the Laws of the Realm to the obedience of the Pope , a Foreign Potentate and open Enemy , whom they know to have already declared the Queen to be no lawful Queen , to have maintained the known Rebels and Traiters , to have invaded her Majesties Dominions with open War ? Examine further , how these vagrant disguised unarmed Spies have answered , when they were taken and demanded what they thought of the Bull of Pope Pius Quintus , which was published to deprive the Queens Majesty , and to warrant her Subjects to disobey her : whether they thought that all Subjects ought to obey the same Bull , and so to rebel ? Secondly , whether they thought her Majesty to be the lawful Queen of the Realm , notwithstanding the said Bull or any other Bull of the Pope ? Thirdly , whether the Pope might give such licence as he did to the Earls of Northumberland and Westmerland , and other her Majesties Subjects to rebel as they did ? or give power to D. Sanders a natural born Subject but an unnatural worn Priest , to take Arms and move Wars as he did in Ireland . Fourthly , whether the Pope may discharge the Subjects of her Majesty , or of any other Princes Christened , of their Oaths of obedience ? Fifthly , whether the said traiterous Priest D. Sanders or one Bristow a rebellious Figitive , did in their Books write truly or falsely , in approving the said Bull of Pius Quintus , and the Contents thereof ? Lastly , what were to be done , if the Pope or any other assigned by him , would invade the Realm of England , and what part they would take , or what part any faithful Subject of her Majesties ought to take ? To these questions very apt to try the truth or falsehood of any such seditious persons , being justly before condemned for their disloyalty , these lewd unarmed Traiters I say would no wise answer directly hereto , as all other faithful Subjects to any Prince Christian ought to do . And as they upon refusal to answer directly to these questions only , might have been justly convinced as guilty of Treason , so yet were they not thereupon condemned , but upon all their other former actions committed both abroad and in the Realm , which were no less traiterous than the actions of all other the Spies and Traiters , and of Judas himself afore remembred which had no Armor nor Weapon , and yet at all times ought to be adjudged Traiters . For these disguised persons ( called Scholars or Priests ) having been first conversant of long time with the Traiters beyond the Sea in all their Conspiracies , came hither by stealth in time of War and Rebellion by commandment of the Capital Enemy the Pope or his Legates , to be secret Espials and Explorers in the Realm for the Pope , to deliver by secret , Romish tokens , as it were an earnest or prest , to them that should be in readiness to joyn with Rebels or open Enemies , and in like sort with their hallowed baggages from Rome to poyson the senses of the Subjects , pouring into their hearts malicious and pestilent opinions against her Majesty and the Laws of the Realm : and also to kindle and set on fire the hearts of discontented Subjects with the flames of Rebellion , and to search and sound the depths and secrets of all mens inward intentions , either against her Majesty , or for her : and finally to bring into a Bead-roll , or as it were into a Muster-roll , the names and powers with the dwellings of all that should be ready to rebel and to aid the Foreign Invasion . These kinds of seditious actions for the service of the Pope , and the Traiters and Rebels abroad , have made them Traiters : not their Books , nor their Beads , no nor their Cakes of Wax which they call Agnus Dei , nor other their Reliques , nor yet their Opinions for the Ceremonies or Rites of the Church of Rome : and therefore it is to be certainly concluded that these did justly deserve their capital punishments as Traiters , though they were not apprehended with open Armor or Weapon . Now if this latter repetition , as it were of all the former causes & reasons afore-recited , may not serve to stop the boisterous mouths , and the pestiferous tongues , and venemous breaths of these that are infected with so gross errors , as to defend seditious Subjects , stirrers of Rebellion against their natural Prince and Country : then are they to be left without any further argument , to the Judgment of the Almighty God , as persons that have covered their eyes against the Suns light , stopped their ears against the sound of Justice , and oppressed their hearts against the force of reason , and as the Psalmist saith , They speak lyes , they are as venemous as the poyson of a Serpent , even like the deaf Adder that stoppeth his ears . Wherefore with charity to conclude , if these Rebels and Traiters , and their Fautors would yet take some remorse and compassion of their natural Country , and would consider how vain their attempts have been so many years , and how many of their Confederates are wasted by miseries and calamities , and would desist from their unnatural practices abroad : and if these Seminaries , secret Wanderers , and Explorators in the dark would imploy their travels in the works of Light and Doctrine according to the usage of their Schools , and content themselves with their Profession and Devotion : and that the remnant of the wicked flock of the Seed-men of Sedition would ease from their rebellious , false , and infamous railings and libellings : there is no doubt by Gods grace ( her Majesty being so much given to Mercy and devoted to Peace ) but all colour and occasion of shedding the blood of any more of her natural Subjects of this Land , should utterly cease . Against whose malices , if they shall not desist , Almighty God continue her Majesty with his Spirit and Power long to reign and live in his fear , and to be able to vanquish them and all Gods Enemies , and her Rebels and Traiters both at home and abroad , and to maintain and preserve all her natural good loving Subjects , to the true service of the same Almighty God according to his holy Word and Will. Many other things might be remembred for defence of other her Majesties Princely , honourable , and godly actions in sundry other things , wherein also these and the like seditious Railers have of late time without all shame , by feigned and false Libels sought to discredit her Majesty and her Government : but at this time , these former causes and reasons alledged by way of advertisements , are sufficient to justifie her Majesties actions to the whole World in the cases remembred . Important Considerations Which ought to move all true and sound Catholicks , who are not wholly Jesuited , to acknowledge without all Equivocations , Ambiguities , or Shiftings , that the Proceedings of her Majesty , and of the State with them , since the beginning of her Highness Reign , have been both mild and merciful . RIght Worshipful and our dear Friends . We your ancient Teachers and spiritual Fathers , the secular Priests in England , that sundry years for your sakes , have endured many calamities , but cannot frame our selves to the new Jesuitical Faction , that beareth so great a sway with you : are every where amongst you accounted simple persons : men destitute of the Spirit of Government : without all Policy and Providence , ignorant Pilots , how to cast about with our Ships in sudden gusts or storms : not trained up in the managing of great Affairs , and far unmeet ( God wot ) to take upon us the guiding of Souls . All which disgraces , in the sense they are imputed unto us , we take in good part , whether they proceed from your selves , or from your Spanish Statists , that can work wonders , or from you both : and we must acknowledge , that if their courses , either formerly taken , or still intended for the re-establishing of the Catholick Faith in this Kingdom , be good , ours do come far short of that pitch : and well you may think , as already you have ( in your wisdoms ) censured our weakness , and judged of us . Howbeit , as yet by your good patience , we must be bold to rejoyce in our simplicity , and to confess in direct terms , and so tell you plainly , and wish you all to mark it well : that , posteriores cogitationes solent esse sapientiores . Experience is said to be the Mistress of Fools : but she is no foolish Mistress . The Jesuitical Plots for the restoring of Religion in this Land , by Treasons or Invasions , are not sanctified or blessed by the hand of God. Some of us the ancienter sort of Priests , have ever misliked their courses herein : and many other we know are of the same Judgment . The old approved paths of our Forefathers , ( when men have beaten their brains to the uttermost ) will always prove the best . Novelties and fine devices of busie and unquiet heads , are , but as May-flowers that are gone in June ; they may carry a fair shew , but they will not continue . The ancient manner of planting the Catholick Faith , hath been by Preaching , Prayers , private Instructions , Confessions , Absolutions , and by the exercising of other Priestly Functions , given ad aedificationem non ad destructionem , to teach Obedience , not Rebellion : to fill mens hearts with joy and peace , by the inward working of the Holy Ghost ; and not to feed them with hopes of Invasions and Treacheries , with the Moon-shine in the water , and follies , or with preposterous cogitations , to think they may expect for figs from thistles , or that men may do evil , that good may come of it . As simple Priests as you esteem us , yet this we tell you , that we are not ignorant of the Machiavilian Rules , which your Rabbies practise : nor of their Wild-geese Races , wherein they have run themselves out of all honest breath . But we know them , not to embrace them ( we thank God ) but to disclose them , or rather to acknowledge them for wicked ( being disclosed too apparently already to our hands : ) that you in time might eschew them , ( if you will be advised by us ) and all the World at the length may bear us witness , how much we detest them from our hearts , and abhor them . Whilst we had any hope , that these Political Fathers ( as they joy to be termed ) would at the last have reclaimed themselves , and grown more tractable and moderate in their designments against our Soveraign and Native Country : we were silent in respect of the common Cause , and very well content to undergo many inconveniences and miseries , which we might have avoided ( as we are perswaded ) if we had sooner opened our selves , and professed our said detestation of such their , no way Priestly , but very irreligious courses : whereby the State hath been most justly irritated and provoked against us . For when we consider on the one side , what we know our selves , concerning the Laws made of later years , with the occasions of them , and likewise as touching the proceedings of the State here , since the beginning of her Majesties Reign , as well against us that are Priests , as also against other Catholicks of the Laity : and do find on the other side , what practices , under the pretence of Religion , have been set on foot , for the utter subversion both of the Queen and of her Kingdom : and therewith further call to mind , what sundry Jesuits and men ( wholly for the time or altogether ) addicted to Jesuitism , have written and published to the World in sundry Treatises , not only against the said Laws and course of Justice , but in like sort against her chief Counsellors , ( and which exceedeth all the rest ) against the Royal person of her Majesty , her Honour , Crown , and most Princely Scepter : it may in our opinions be rather wondred , that so many Catholicks of both sorts , are left alive in the Realm to speak of the Catholick Faith , than that the State hath proceeded with us from time to time , as it hath done . It may seem strange to some , that these things should proceed from us that are Priests : but divers of you can bear us witness , that they are no new conceits , bred in us , by reason of the opposition we have with the Jesuits : and besides , no small number of Catholicks ( as we are perswaded ) have long expected this duty at your hands : that thereby our Allegiance and Fidelity to our Queen and Country might be the better testified , the hard opinion of us mitigated , our actions and profession of duty better credited : the cause we stand for , more regarded : and we our selves ( for our plain dealing , and for the good of the Church ) might be the better reputed of , and esteemed , or at the least in some sort born with and tolerated , as men that do distinguish between Religion and Treason . We wish with all our hearts , ( and groan every day at the contrary ) that her Majesty had continued in her obedience to the See Apostolick , as Queen Mary her Sister of famous memory , had left her a worthy Example : but seeing that God for our sins would have it otherwise , we ought to have carried our selves in another manner of course towards her , our true and lawful Queen , and towards our Country , than hath been taken and pursued by many Catholicks , but especially by the Jesuits . And therefore ( as well to discharge our own consciences , as to satisfie many of you of the moderater sort of Catholicks , according to the old saying , Better late than never ) we have thought it our parts , ( being her Highness natural born Subjects ) to acknowledge the truth of the carriage of matters against us , and the apparent causes of it : that the blame may indeed , from point to point , light and lie where it ought to do , and both sides bear no other than their own burthens , as the Laws both of God and man do require . If hereby her Majesty may in any sort be appeased , and the State satisfied , our own former courses bettered , and the Realm secured , that the like shall never hereafter be attempted or favoured by any of us , but be revealed , if we know them , and withstood , if they be enterprised , with all our goods and our lives , even to our uttermost ability , be their pretences never so fair , for Religion , or what else can be devised : we shall think our selves happy , and will not regard what all the malice and spite of the Jesuits can work or effect against us . It cannot be denied , but that for the first ten years of her Majesties Reign , the state of Catholicks in England was tolerable , and after a sort in some good quietness . Such as for their consciences were imprisoned in the beginning of her coming to the Crown , were very kindly and mercifully used , the state of things then considered . Some of them were appointed to remain with such their friends , as they themselves made choice of . Others were placed , some with Bishops ; some with Deans ; and had their diet at their Tables , with such convenient Lodgings and Walks for their recreation , as did well content them . They that were in the ordinary Prisons , had such liberty and other commodities , as the places would afford , not inconvenient for men that were in their cases . But that our Brethren of the more fiery and Jesuitical humour may not snuff hereat : we have thought it meet to cool their heat , with some of Master Parsons , and his Fellow Master Creswels more gentle delays , ( than are usual with them : ) who in one of their Books , do confess as much in effect , as here we have set down , if not more : thus these great Emperour-like Jesuits do speak to her Majesty . In the beginning of thy Kingdom thou didst deal somthing more gently with Catholicks : none were then urged by thee , or pressed either to thy Sect , or to the denial of their Faith. All things ( indeed ) did seem to proceed in a far milder course : no great complaints were heard of : there were seen no extraordinary contentions or repugnancies : Some there were that to please and gratifie you , went to your Churches . But when afterwards thou didst begin to wrong them , &c. And when was that our great Monseigneurs ? Surely whensoever it was : ( to answer for you ) we our selves ( certain Catholicks of all sorts ) were the true causes of it . For whilst her Majesty and the State dealt with the Catholicks , as you have heard , ( which was full eleven years , no one Catholick being called in question of his life , for his conscience , all that time : ) consider with us , how some of our profession proceeded with them . Her Highness had scarcely felt the Crown warm upon her head , but it was challenged from her , by some of her Neighbours , as Master Saunders noteth . The French were sent into Scotland to do somewhat , you may be sure : which concerned her Majesty ( the circumstances consisidered ) to look unto . Afterwards certain matters were undertaken by her Majesty in France : and the Affairs in Scotland did so proceed , as that the Queen there was compelled 1567. to flie into England , where for a great time , she was very honourably entertained , her liberty only excepted . But with these matters , what had we to do , that were either Priests or private men ? If either France or Scotland , had cause to repine or complain , some of those Nations might have done , written , and spoken as it had pleased them . It little became either Master Saunders ( otherwise an excellent man ) or Master Parsons , or any other of our own Nation , to have intermedled with those matters , or to write as they have very offensively done in divers of their Books and Treatises ; to what purpose we know not : except it were to shew their malice , to dishonour their own Country , as much as lay in them , and to move a greater dislike in the State of all that be Catholicks , than before they had . Kings ever have had , and will have their plots and practices for their own safeties : it being as inconvenient to their Policy , for one Prince by his Might to over-top another , as it is amongst the principal members of our natural bodies , for one member to swell or grow too great above his due proportion . Happy had we Catholicks been at this day , if these men being Priests , had never troubled themselves with State-matters , which they have managed , as Phaeton did his Fathers Chariot : very greatly to our prejudice . Let them pretend never so great skill in their disposing of Kingdoms ordine ad Deum : they have certainly dealt with ours ordine ad Gehennam . But this is not all which the State may justly challenge us for . In the time of our said Peace , and upon the coming into England of the Queen of Scots , whilst her Majesty of England and the State were busied , as partly you have heard before : it pitieth our hearts , to see and read , what hath been printed and published out of Italy in the life of Pius Quintus concerning his Holiness endeavors , stirred up by false suggestions to joyn with the King of Spain : for the utter ruine and overthrow both of our Prince and Country . Would to God such things had never been enterprised : and most of all , that they had never been printed . We that have some skill with our Pens , presume too much a great deal , upon our own Wits . What good the mentioning of these points can bring to the Church , we see not : but sure we are , it hath done much hurt , and given our common Enemies very great advantage against us . For now it is usually objected unto us , by every one of any reach , when we complain of some hard dealings towards us : Yea , say they ( very well good Masters ) were you not in quiet ? Who then gave the cause that you were troubled ? When her Majesty used you kindly : how treacherously was she dealt with by you ? Did not Pius Quintus practise her Majesties subversion : she ( good Lady ) never dreaming of any such mischief ? Was not one Robert Ridolphi , a Gentleman of Florence sent hither by the Pope ( under colour of Merchandize ) to sollicite a Rebellion ? Did not Pius Quintus move the King of Spain to joyn in this Exploit , for the better securing of his own Dominions in the Low Countries ? Was not the Bull denounced against her Majesty , that carrieth so fair a Preface of zeal , and pastoral duty : devised purposely , to further the intended Rebellion , for the depriving of her Majesty from her Kingdom ? Had not the Pope and King of Spain assigned the Duke of Norfolk , to be the Head of this Rebellion ? Did not the Pope ▪ give order to Ridolphi , to take 150000 Crowns to set forward this attempt ? Was not some of that Money sent for Scotland : and some delivered to the said Duke ? Did not King Philip at the Popes instance , determine to send the Duke of Alva into England with all his Forces in the Low Countries , to assist the Duke of Norfolk ? Are all these things true , and were they not then in hand , whilst her Majesty dealt so mercifully with you ? How can you excuse these designments : so unchristian , so unpriestly , so treacherous , and therefore so un-prince-like ? When we first heard these particulars , we did not believe them : but would have laid our lives they had been false : but when we saw the Book , and found them there , God is our witness , we were much amazed : and can say no more , but that his Holiness was misinformed , and indirectly drawn to these courses . But to proceed : it being unknown to the State what secret matters were in hand against them , both at home and beyond the Seas : the Catholicks here continued in sort , as before you have heard , till the said Rebellion brake forth in the North , 1569. a little before Christmas : and that it was known that the Pope had excommunicated the Queen , and thereby freed her Subjects ( as the Bull importeth ) from their subjection . And then there followed a great restraint of the said Prisoners : but none of them were put to death upon that occasion : the Sword being then only drawn against such Catholicks , as had risen up actually into open Rebellion . Wherein we cannot see what her Majesty did , that any Prince in Christendom in such a case , would not have done . And as touching the said Bull , many both Priests and Lay Catholicks have greatly wished , that it had never been decreed , denounced , published , or heard of . For we are perswaded , that the Pope was drawn thereunto , by false suggestions of certain undiscreet turbulent persons : who pretending to him one thing , had another drift in their heads for their own advancement . And therefore we have ever accounted of it , as a sentence procured by surreption : knowing it to be no unusual thing with the Pope , through indirect means and factious heads , to be often deceived in matters of Fact : as we now find it , in the setting up of our new Arch-Priest . Now upon all these occasions , her Majesty being moved with great displeasure , called a Parliament in the thirteenth year of her Reign 1571. wherein a Law was made containing many branches , against the bringing into this Land , after that time , of any Bulls from Rome , any Agnus Dei , Crosses or Pardons : and against all manner of persons , that should procure them to be so brought hither , with many other particularities thereunto appertaining . Which Law , although we hold it to be too rigorous , and that the pretended remedy exceeded the measure of the offence , either undutifully given , or in justice to have been taken : yet we cannot but confess , as reasonable men , that the State had great cause to make some Laws against us , except they should have shewed themselves careless for the continuance of it . But be the Law , as any would have it never so extreme : yet surely it must be granted , that the occasions of it were most outragious : and likewise , that the execution of it was not so tragical , as many since have written and reported of it . For whatsoever was done against us , either upon the pretence of that Law , or of any other , would never we think have been attempted , had not divers other preposterous occasions ( besides the causes of that Law ) daily fallen out amongst us : which procured matters to be urged more severely against us . In the year 1572. out cometh Master Saunders Book , de visibili Monarchia ; wherein he taketh upon him to set down , how the Pope had sent one Master Morton and Master Web two Priests , before the said Rebellion , to the Lords and Gentlemen in the North : to excite them with their Followers to take up Arms. And the rather to perswade them thereunto , they signified unto them by the Popes commandment , that her Majesty was excommunicated , her Subjects were released from their obedience , and much more to that purpose . Likewise the said Mr. Saunders doth justifie the said commotion , and ascribeth the evil success it had , to the over-late publishing of the said Bull ( it being not generally known of till the year after , when Master Felton had set it upon the Bishop of Londons Gate : ) affirming that if it had been published the year before , or when they were in Arms , the Catholicks would undoubtedly so have assisted them ( the said Rebels ) as that they must ( no question of it ) have prevailed against the Queen , and had certainly executed the said sentence at that time , for her deposition from the Crown . Besides , whereas the State in the said Parliament , had confirmed the attainder of the chief persons by name , that were as heads in the said Rebellion : and had been in the field against her Highness , Mr. Saunders ( building Castles in the Air amongst his Books ) doth too much magnifie the said Rebels , to the great discredit of the Church of Rome , and his Holiness actions in such matters , they being men arraigned , condemned , and executed by the ancient Laws of our Country for high Treason . This intolerable and very uncatholick course thus held by divers , to the great offence of many good Catholicks of the graver and discreeter sort , and to the great hinderance of our common Cause ; hath been since followed by Mr. Parsons , and some of his sort , with no good discretion or foresight ( God he knoweth ) brag these great States-men of their impregnable Wisdom and Policy never so proudly . Furthermore , about the coming out of the said Book of Mr. Saunders , the whole Plot before mentioned , of the Pope and the King of Spain with the Duke of Norfolk for the disinheriting of her Majesty , and other intended mischiefs , fell out to be fully disclosed . Afterwards within some four or five years , it was also commonly known to the Realm , what attempts were in hand by Mr. Stukeley ( assisted with Mr. Saunders and other Catholicks both English , Irish , and Italian ) for an Enterprise by force in Ireland , under pretence to advance the Catholick Religion : which for that time ( through some defects ) succeeding not , the Pope himself in the year 1579. ( abused still by false pretences ) did set forward that course , and sending thither certain Forces , Mr. Saunders ( too much Jesuited ) did thrust himself in person into that action , as a chief Ring-leader , and to perswade the Catholicks , when he should come into Ireland , to joyn with the Popes said Forces , for the better assisting of certain Rebels , then in Arms against their Soveraign . Now whilst these practices were in hand in Ireland , Gregory the Thirteenth reneweth the said Bull of Pius Quintus : and denounceth her Majesty to be excommunicated , with intimation of all other particulars in the former Bull mentioned , which was procured ( we doubt not ) by surreption : the false Jesuits ( our Country-men ) daring to attempt any thing , by untrue suggestions , and any lewd surmises , that may serve their turns . This Stratagem accomplished , and ground laid , whereupon they imagined to work great matters : these good Fathers ( as the Devil would have it ) come into England , and intruded themselves into our harvest , being the men in our consciences ( we mean both them and others of that Society , with some of their adherents ) who have been the chief Instruments of all the mischiefs that have been intended against her Majesty , since the beginning of her Reign , and of the miseries , which we , or any other Catholicks , have upon these occasions sustained . Their first repair hither was Anno 1580. when the Realm of Ireland was in great combustion , and then they entred , ( viz. Mr. Campion the Subject , and Mr. Parsons the Provincial ) like a tempest , with sundry such great brags and challenges , as divers of the gravest Clergy then living in England ( Doctor Watson Bishop of Lincoln and others ) did greatly dislike them , and plainly foretold , that ( as things then stood ) their proceeding after that fashion , would certainly urge the State , to make some sharper Laws , which should not only touch them , but likewise all others , both Priests and Catholicks . Upon their arrival , and after the said brags , Mr. Parsons presently fell to his Jesuitical courses : and so belaboured both himself and others in matters of State , how he might set her Majesties Crown upon another head ( as appeareth by a Letter of his own to a certain Earl ) that the Catholicks themselves threatned to deliver him into the hands of the Civil Magistrate , except he desisted from such kind of practices . In these tumultuous and rebellious proceedings by sundry Catholicks , both in England and Ireland , it could not be expected but that the Queen and the State would be greatly incensed with indignation against us . We had ( some of us ) greatly approved the said Rebellion : highly extolled the Rebels , and pitifully bewailed their ruine and overthrow . Many of our affections were knit to the Spaniard : and for our obedience to the Pope , we all do profess it . The attempts both of the Pope and Spaniard failing in England , his Holiness , as a temporal Prince , displayed his Banner in Ireland . The Plot was to deprive her Highness first from that Kingdom ( if they could : ) and then by degrees to depose her from this . In all these Plots none were more forward , than many of us that were Priests . The Laity , if we had opposed our selves to these designments , would ( out of doubt ) have been over-ruled by us . How many men of our calling were addicted to these courses , the State knew not . In which case ( the premises discreetly considered ) there is no King , or Prince in the World , disgusting the See of Rome , and having either force or metal in him , that would have endured us , if possibly he could have been revenged , but rather ( as we think ) have utterly rooted us out of his Territories , as Traiters and Rebels both to him and his Country . And therefore we may rejoyce unfeignedly , that God hath blessed this Kingdom with so gracious and merciful a Soveraign , who hath not dealt in this sort with us . Assuredly if she were a Catholick , she might be accounted the Mirror of the World : but as she is , both we and all other Catholicks her natural Subjects , deserve no longer to live , than we hereafter shall honour her from our hearts , obey her in all things ( so far as possibly we may ) pray for her prosperous Reign and long life : and to our powers defend and protect both her and our Country against any whatsoever , that shall by force of Arms attempt to damnifie either of them . For in the said Garboils , and very undutiful proceedings , how hath her Highness dealt with us ? From the time of the said Rebellion and Parliament , there were few above twelve , that in ten years had been executed for their consciences ( as we hold , although our Adversaries say for Treason : ) and of those twelve some perhaps can hardly be drawn within our account , having been tainted with matters of Rebellion . The most of the said number were Seminary Priests , who if they had come over into England with the like intents , that some others have done , might very worthily have been used as they were . But in our consciences , nay some of us do know it , that they were far from those seditious humors : being men that intended nothing else but simply the good of our Country , and the conversion of Souls . Marry to say the truth , as we have confessed before , how could either her Majesty or the State know so much ? They had great cause , as Politick persons , to suspect the worst . Besides to the further honour of her Majesty we may not omit , that the States of the whole Realm assembled in Parliament Anno 1576. were pleased to pass us over , and made no Laws at that time against us . The ancient Prisoners that had been restrained more narrowly in the year 1570. were ( notwithstanding the said enterprises in Ireland ) again restored to their former liberty , to continue with their friends as they had done before . Such as were not suspected to have been dealers or abettors in the said treasonable actions , were used with that humanity , which could well be expected . But when the Jesuits were come , and that the State had notice of the said Excommunication , there was then within a while a great alteration . For such were the Jesuits proceedings , and with so great boldness , as though all had been theirs , and that the State should presently have been changed . Her Majesty had seen what followed in her Kingdom upon the first Excommunication : and was therefore in all worldly Policy to prevent the like by the second . The jealousie also of the State was much increased by Mr. Sherwins answers upon his examination , above eight months before the apprehension of Mr. Campion . For being asked , whether the Queen was his lawful Soveraign , notwithstanding any sentence of the Popes , he prayed that no such question might be demanded of him , and would not further thereunto answer . Two or three other questions much to the same effect , were likewise propounded unto him , which he also refused to answer . Matters now sorting on this , fashion , there was a greater restraint of Catholicks , than at any time before . Many both Priests and Gentlemen were sent into the Isle of Ely and other places , there to be more safely kept and looked unto . In January following 1581. ( according to the general computation , ) a Proclamation was made for the calling home of her Majesties Subjects beyond the Seas : ( such especially as were trained up in the Seminaries ) pretending that they learned little there , but disloyalty : and that none after that time should harbor or relieve them , with sundry other points of very hard intendment towards us . The same month also a Parliament ensued , wherein a Law was made agreeable in effect to the said Proclamation , but with a more severe punishment annexed . For it was a penalty of death , for any Jesuit or Seminary Priest to repair into England , and for any to receive and entertain them , which fell out according to Bishop Watsons former speeches or prediction , what inischief the Jesuits would bring upon us . We could here as well as some others have done , shew our dislike with some bitterness of the said Law and penalty . But to what purpose should we do so ? It had been a good point of wisdom in two or three persons , that have taken that course , to have been silent : and rather have sought by gentleness and sweet carriage of themselves to have prevented the more sharp execution of that Law , than by exclaiming against it when it was too late , to have provoked the State to a greater severity against us . And to confess something to our own disadvantage , and to excuse the said Parliament : if all the Seminary Priests then in England , or which should after that time have come hither , had been of Mr. Mortons and Mr. Saunders mind before mentioned ( when the first Excommunication came out , ) or of Mr. Saunders his second resolution , ( being then in Arms against her Majesty in Ireland : ) or of Mr. Parsons traiterous disposition , both to our Queen and Country : the said Law ( no doubt ) had carried with it a far greater shew of Justice . But that was the error of the State : and yet not altogether ( for ought they knew ) improbable , those times being so full of many dangerous designments and Jesuitical practices . In this year also , divers other things fell out unhappily towards us poor Priests , and other the graver sort of Catholicks , who had all of us single hearts , and disliked ( no men more ) of all such factious enterprises . For notwithstanding the said Proclamation and Law , Mr. Heywood a Jesuit came then into England , and took so much upon him , that Father Parsons fell out exceedingly with him : and great troubles grew amongst Catholicks , by their brablings and quarrels . A Synod was held by him the said Mr. Heywood , and sundry ancient Customs were therein abrogated , to the offence of very many . These courses being understood ( after a sort ) by the State : the Catholicks and Priests in Norfolk felt the smart of it . This Summer also in July , Mr. Campion and other Priests were apprehended : whose answers upon their examinations , agreeing in effect with Mr. Sherwins before mentioned , did greatly incense the State. For amongst other questions that were propounded unto them , this being one , viz. If the Pope do by his Bull or Sentence pronounce her Majesty to be deprived , and no lawful Queen , and her Subjects to be discharged of their allegiance and obedience unto her ; and after , the Pope or any other by his appointment and authority do invade this Realm : which part would you take , or which part ought a good Subject of England to take ? some answered , that when the case should happen , they would then take counsel , what were best for them to do : Another , that when that case should happen he would answer , and not before : Another , that for the present , he was not resolved what to do in such a case : Another , that when the case happeneth , then he will answer : Another , that if such deprivation and invasion should be made for any matter of his faith , he thinketh he were then bound to take part with the Pope . Now , what King in the world , being in doubt to be invaded by his enemies , and fearing that some of his own Subjects were by indirect means drawn , rather to adhere unto them than to himself : would not make the best tryal of them he could for his better satisfaction , whom he might trust to ? In which tryal , if he found any , that either should make doubtful answers , or peremptorily affirm , that ( as the case stood betwixt him and his enemies ) they would leave him their Prince and take part with them : might he not justly repute them for Traitors , and deal with them accordingly ? Sure we are , that no King or Prince in Christendom , would like or tolerate any such Subjects within their Dominions , if possibly they could be rid of them . The duty we owe to our Soveraigns , doth not consist in taciturnity or keeping close within our selves such Allegiance as we think sufficient to afford them : but we are ( especially when we are required thereunto ) to make open profession of it , that we may appear unto them to be such Subjects as we ought to be , and as they may rely upon , if either their Kingdoms or safeties be in hazard or danger . And we greatly marvel , that any Jesuits should be so hard laced ( concerning the performance of their duties , towards the Fathers and Kings of those Countries where they were born , and whose Vassals they are ) considering unto what obedience they tye themselves toward their own general , provincial , and other Governors : unto whom they were no way tied , but by their own consents , and for that it hath pleased them voluntarily to submit themselves unto them . If a quarrel should fall out , for example , betwixt the Jesuits and the Dominicans , it would seem a very strange matter to the Provincial or General of that Society , to be driven to be demanded of a Jesuit , which part he would take . But therewith we have not to intermeddle : only we wish , that whilst they look for so great subjection at those mens hands that be under them , they do not forget their own Allegiance towards their Soveraigns : or at the least so demean themselves as we poor men ( every way their equals , and as sound Catholicks as themselves , that we go no further ) may not be brought into hatred with her Majesty , unto whom we profess all duty and true allegiance : let other men qualifie the same as they list . About the time of the overthrow of the Popes Forces in Ireland : his Holiness ( by the false instigations of the Jesuits ) plotted with the King of Spain , for the assistance of the Duke of Guise , to enterprise upon the sudden , a very desperate designment against her Majesty : and for the delivery and advancement to the Crown of the Queen of Scotland . For the better effecting whereof , Mendoza the Jesuit and Ledger for the King of Spain in England , set on work ( a worthy Gentleman otherwise ) one Mr. Francis Throckmorton and divers others . And whilst the same was in contriving ( as afterwards Mr. Throckmorton himself confessed 1584. ) the said Jesuitical humor had so possessed the hearts of sundry Catholicks , as we do unfeignedly rue in our hearts the remembrance of it , and are greatly ashamed that any person so intituled , should ever have been so extremely bewitched . Two Gentlemen about that time also , viz. Anno 1583. Mr. Arden and Mr. Somervile were convicted by the Laws of the Realm , to have purposed and contrived how they might have laid violent hands upon her Majesties sacred person . Mr. Somerviles confession therein , was so notorious , as it may not be either qualified or denied . And Doctor Parry the very same year , was plotting with Jesuits beyond the Seas , how he might have effected the like villany . How the worthy Earl of Northumberland , was about this time brought into the said Plot of the Duke of Guise ( then still in hand ) we will pretermit . Mr. Parsons that was an Actor in it , could tell the story very roundly at Rome : It wrought the noble Earls overthrow 1585. which may justly be ascribed to the Jesuitical practices of the Jesuit Mendoza and others of that crew . Hereunto we might add the notable Treasons of Mr. Anthony Babington and his Complices in the year 1586. which were so apparent , as we were greatly abashed at the shameless boldness of a young Jesuit , who to excuse the said Traiters , and qualifie their offences , presumed in a kind of supplication to her Majesty , to ascribe the plotting of all that mischief to Mr. Secretary Walsingham . The treachery also of Sir William Standley the year following 1587. in falsifying his faith to her Majesty , and in betraying the trust committed unto him by the Earl of Leicester , who had given him the honourable Title of Knighthood : as it was greatly prejudicial to us , that were Catholicks , at home , so was the defence of that disloyalty ( made by a worthy man , but by the perswasions ( as they think ) of Parsons ) greatly disliked of many both wise and learned . And especially it was wondred at a while ( until the drift thereof appeared more manifestly in the year 1588. ) that the said worthy person by the said lewd Jesuits , laid down this for a ground , in justifying of the said Standley : viz. That in all Wars , which may happen for Religion , every Catholick man is bound in conscience to imploy his person and forces by the Popes direction : viz. How far , when , and where , either at home or abroad , he may and must break with his temporal Soveraign . These things we would not have touched , had they not been known in effect to this part of the World : and that we thought it our duties to shew our own dislike of them : and to clear her Majesty ( so far as we may ) from such imputations of more than barbarous cruelty towards us , as the Jesuits in their writings , have cast by heaps upon her : they themselves ( as we still think in our consciences and before God ) having been from time to time the very causes of all the calamities , which any of us have endured in England since her Majesties reign . Which we do not write , simply to excuse her Highness , although we must confess , we can be contented to endure much , rather than to seek her dishonour : but for that we think few Princes living , being perswaded in Religion as her Majesty is , and so provoked as she hath been , would have dealt more mildly with such their Subjects ( all circumstances considered ) than she hath done with us . But now we are come to the year 1588. and to that most bloody attempt , not only against her Majesty and our common Enemies , but against our selves , all Catholicks : nay against this flourishing Kingdom and our own native Country . The memory of which attempt will be ( as we trust ) an everlasting Monument of Jesuitical Treason and Cruelty . For it is apparent in a Treatise penned by the advice of Father Parsons altogether , ( as we do verily think ) that the King of Spain was especially moved and drawn to that intended mischief against us , by the long and daily solicitations of the Jesuits , and other English Catholicks beyond the Seas , affected and altogether given to Jesuitism . And whereas it is well known , that the Duke of Medina Sidonia had given it out directly , that if once he might land in England , both Catholicks and Hereticks that came in his way should be all one to him : his Sword could not discern them , so he might make way for his Master , all was one to him : yet the said Father Parsons ( for so we will ever charge him , though another man by his crafty perswasion took upon him to be the Author of that Book ) did labour with all the Rhetorick he had to have perswaded us , upon the supposed arrival of the Spaniard , to have joyned with him to our own destructions : telling us many fair tales , and alluring us with sundry great promises , all of them meer illusions , falshoods , and most traiterous instigations and juglings . He ascribeth it to error of Conscience , and want of courage , terming the same an effeminate dastardy : that we had then suffered her Majesty almast thirty years to reign over us . He threatned us with Excommunication , and utter ruine both of our selves and all our Posterity , if we did then any longer obey , abet , or aid , defend or acknowledge her Highness to be our Queen , or Superiour : and did not forthwith joyn our selves with all our Forces to the Spaniards . The good Cardinal ( by Parsons means ) is drawn to say , That the Pope had made him Cardinal , intending to send him as his Legat , for the sweeter managing of this ( forsooth ) godly and great Affair : and to affirm upon his honour and in the word of a Cardinal , that in the fury of the Spaniards intended Conquest , there should be as great care had of every Catholick and penitent person , as possibly could be . And to allure the Nobility of this Realm , he promised them to become an humble Suiter on their behalfs , that ( so as they shew them selves valiant in assisting the King of Spain ' s Forces ) they might continue their noble Names and Families . Surely they had been wise men , that should have relyed much either upon his promise , or the Spaniards courtesie . This Jesuit also telleth all Catholicks , the better to comfort them ( but indeed to the great scandal for ever of all Priesthood , ) and to shew how just and holy the cause was they had in hand : that there were divers Priests in the Kings Army , ready to serve every mans spiritual necessity , by Confession , Counsel , and all consolation in Christ Jesus . Also he so advanceth the Forces of the Enemies , & extenuateth her Majesties abilities to withstand them , as he accounted the Victory obtained in effect before they were landed , telling us , That besides the said great Forces , we should so be assisted by the blessed Patrons both of Heaven and Earth , with the guard of all Gods holy Angels , with our blessed Saviour himself in the soveraign Sacrament , and with the daily most holy oblation of Christs own dear body and blood , as it could not fall out otherwise , but that we must needs prevail . Which kind of perswasions , some of them being ridiculous , the most very traiterous , and these last most blasphemous , as tending so greatly to the dishonour of Religion , we detest and abhor . And in all these Jesuitical and disloyal practices , this is our comfort , that albeit we doubt not , but that the Pope as a temporal Prince did joyn and contribute towards this intended Invasion : yet we find Father Parsons declaration of Xistus Quintus sentence of deposition of her Majesty at that time , and of his admonition thereunto adjoyned , as in the Popes name , to have no warrant at all besides his own bare affirmation , either of Breve or of any other publick Instrument , as in such cases had been most necessary , otherwise than that he told us , it was the Popes pleasure that we should take notice thereof by his Book which was then printed , and to have been scattered amongst us . By warrant whereof ( as we are perswaded ) it was not lawful for us to have killed a Goose , if her Majesty had forbidden us so to do . Of these matters ( to return still to our former Apologies ) we would have said nothing , were they not objected unto us , and shewed us out of the Books themselves , as notes and arguments of our traiterous hearts : our Adversaries pressing the same upon us , as if they did belong unto us , and we were as guilty of them , as either they that plotted or published them . Which conceit , if it should take root in those that be in Authority , how could we hope for any favour , but were rather to expect the greatest extremity that might be ? So as still we may say , that the proceedings held against her Majesty well weighed , these foreign Jesuitical practices , have been the cause of all our troubles . When it had pleased God to deliver her Majesty and this Kingdom from the said intended Invasion , Mr. Parsons whether ashamed of the foil , ( for the success whereof he was so peremptory ) or for that he thought matters would be better managed in Spain , if he were there to give his advice , departed from Rome ( as we take it ) and became a Courtier to attend King Philip : where by Mendoza his fellow Jesuit's means , he grew shortly into so great estimation ( not for any goodness in him towards this Realm , you may be sure , but rather in respect of his deadly hatred against it ) that he procured a Seminary to be erected at Valledolyd 1589. But we will leave his proceedings in Spain a while . In these ten years last mentioned from 1580. till 1590. or but little before , we find her Majesty to be excommunicated by Gregory the Thirteenth : Mr. Sherwin and the rest of our Brethren too much Jesuited , refuse to answer , whether they will take the Queens part or the Popes , if he should come by force of Arms to assail her in her own Kingdom : Parsons and Heywood are found to be Practitioners , but especially Parsons . The intention of the Duke of Guise is entertained here and prosecuted : Her Majesties life is sought by treachery : Babington and his Companions shoot at the Crown : Stanley is a Treacherer , breaketh his faith , and is defended for so doing . Then followed the Invasion : and lastly , Parsons plottings in Spain , and the erection of new Seminaries there . Now let us consider , how we our selves all this while have been dealt with . Such of us as remained in Prison at Wisbich ( and were committed thither 1580. and others not long after committed also thither , to the number of about thirty three or thirty four ) continued still in the several times of all the said most wicked designments , as we were before : and were never brought into any trouble for them , but lived there , Colledge-like , without any want , and in good reputation with our Neighbours that were Catholicks about us . It is true that towards the number of fifty ( as our memory serveth us ) Priests and Catholicks of all sorts , within the compass of the said ten years were put to death : we say upon our knowledges ( concerning the most of them ) for their consciences : but our Adversaries ( as they think ) do still affirm for Treason . Such Priests as in their examination were found any thing moderate , were not so hardly proceeded with : insomuch as fifty five ( to our remembrance ) that by the Laws ( we acknowledge ) might likewise have been put to death , were in one year , viz. 1585. ( what time great mischiefs were in hand ) spared from that extremity , and only banished . Which fact , howsoever some have written of it , the parties themselves accounted it for a great benefit , and so would they also have done ( we doubt not of it ) if they had been then of that number . Whereas therefore Mr. Parsons ( as we think ) exclaimeth in a Pamphlet set out shortly after , saying , Where are now the old Tyrants of the World , Nero , Decius , Dioclesian , Maxentius , and the rest of the great persecutors of the Christians ? Where is Genserick and Hunricus with their Arrian Hereticks ? alluding to the State here : we think both him , and divers others that have written to the same effect , very greatly to blame . Sure we are , that the general cause of Religion , for the which both we and they contend ( as oft we have said ) getteth no good but hurt by it : and contrary to the old saying , ( be he never so bad , yet let him have justice ) though some hard courses have been taken by the State against us ; yet hath it not by many degrees been so extreme , as the Jesuits and that crew have falsely written and reported of it . But to return to Father Parsons in Spain , and to proceed in the course of things which have happened since 1590. The said Father Parsons so managed the said Seminary erected in Valledolyd , as within three years , viz. 1591. twelve or thirteen Priests were sent hither from thence . Also he procured some other Seminaries to be erected in Spain , and furnished them with such Students as he thought fit , which ( for our parts ) we greatly commend in him , if he took this pains , and imployed his favour with the King to a good end : whereof we have some doubt , knowing the Jesuits fetches : but the State here did utterly condemn him for it , finding that both he and some others were plotting and labouring by all the means they could for a new Invasion . Whereupon a Proclamation was set out 1591. as well for an inquiry or search for all such Seminary Priests , as either were , or should hereafter come from Spain , as also from any other Seminaries beyond the Seas , upon suspicion , that they were sent hither for no other end , but to prepare a way for the said Invasion . Whereas we are verily perswaded in our consciences , and do know it for many , that the Priests themselves had no such intention , whatsoever the Jesuits had that sent them . Against the said Proclamation , three or four have whet their Pens : but still , whilst they seek to disgrace and gall the State , they have ever thereby wounded and beaten us , being themselves in the mean time void of all danger . One of them , Mr. Parsons by name , ( as we suppose ) writing in his said Pamphlet of the new intended Invasion , mentioned in the said Proclamation , telleth us , That the King hath just cause to attempt again that enterprise . And again he saith , That the King is so interessed ( together with the Pope ) to seck ( as he termeth it ) her Majesties reformation , that he the said King is bound in . Justice to do it , and cannot without prejudice of his high estimation and greatness refuse at the soonest opportunity to attempt it . Marry withal to comfort us , he writeth , That the King intendeth no rigorous dealing with our Nation , in the prosecution of his Invasion , when he cometh hither . Which great favour of the King towards us , we are to ascribe to good Father Parsons , if we may believe his dutiful Subject Mr. Southwell the Jesuit . For thus he telleth us , If ever , saith he , the King should prevail in that designment ( of his new Invasion ) Father Parsons assisted with Cardinal Alanes Authority hath done that in our Countries behalf , for which his most bitter enemies , and generally all her Majesties Subjects shall have cause to thank him for his serviceable endeavours , so far hath he inclined fury to clemency , and rage to compassion . Sure we are greatly beholding to this good Father , that hath had so kind a remembrance of us . But we wish that he had rather imployed himself as a religious man in the service of God , and his private meditations , than thus to have busied himself in setting forward and qualifying it , when he hath done so outragious a designment : and do pray with all our hearts , that neither we nor this Kingdom do ever fall into the hands of the Spaniards , whose unspeakable cruelties in other Countries , a worthy Catholick Bishop hath notably described to all posterity . The same Mr. Parsons also , together with his fellow Jesuit Mr. Creswell ( as men that pretend extraordinary love to their Country ) have written a large Volume against the said Proclamation , wherein what malice and contempt can devise , that might provoke her Majesty to indignation against us , is there set out very skilfully , they themselves well knowing that no other fruit or benefit could come unto us by that discourse , except it were still to plague us . Whilst the said Invasion was thus talked of , and in preparation in Spain , a shorter course was thought of , if it might have had success . Mr. Hesket was set on by the Jesuits 1592. or thereabouts , with Father Parsons consent or knowledge , to have stirred up the Earl of Derby to rebellion against her Highness . Not long after good Father Holt and others with him , perswaded an Irish man one Patrick Collen ( as he himself confessed ) to attempt the laying of his violent and villanous hands upon her Majesty . Shortly after in the year 1593. that notable Stratagem was plotted ( the whole State knoweth by whom , ) for Doctor Lopez the Queens Physician to have poysoned her , for the which he was executed the year after . This wicked designment being thus prevented by Gods providence , the said traiterous Jesuit , Holt and others , did allure and animate one Yorke and Williams , to have accomplished that with their bloody hands , that the other purposed to have done with his poyson : we mean her Majesties destruction . Hereunto we might add the late villanous attempt 1599. of Edward Squire , animated and drawn thereunto ( as he confessed ) by Walpole that pernicious Jesuit . But we must turn again to Father Parsons , whose turnings and doublings are such as would trouble a right good Hound to trace him . For in the mean time , that the said Traiters one after another , were plotting and studying , how best they might compass her Majesties death they cared not how , nor by what means , he the said Father Parsons so prevailed with the King , as he attempted twice in two sundry years , his new Invasion , meaning to have proceeded therein , not with such great preparation as he did at the first , but only to have begun the same , by taking some Port Westward , toward which he came so far onward as Silley with his Fleet. At both which times , God , who still hath fought for her Majesty and this Realm , did notably prevent him , by such winds and tempests , as the most of his Ships and men perished in the Sea , as they were coming hitherward . Furthermore the said good Father in the midst of all the said traiterous enterprises both at home and abroad ( devised and set forward by him and his Companions ) was plodding amongst his Papers , and playing the Herald : how , if all his said wicked designments failed , he might at the least , intitle the King of Spain and consequently the Infanta his Daughter to the Crown and Kingdom of England . To which purpose he framed , and afterwards published a Book , wherewith he acquainted the Students in those Seminaries in Spain : and laboured nothing more , than to have their subscriptions to the said Infantaes title , therein promising unto her their present Allegiance , as unto their lawful Soveraign : and that when they should be sent into their Country , they should perswade the Catholicks there to do the like , without any further expectation of the Queen of England's death , as Mr. Charles Paget affirmeth in his Book against Parsons . We spake of the Seminaries in Spain before , somewhat suspiciously : and now you see the reason that moved us so to do . Besides we do not doubt , but that in the perusing of this our discourse , you will be assaulted with many strange cogitations , concerning our full intent and meaning therein . Which although it cannot chuse , but that it doth already in part appear unto you ; yet now we come to a more clear and plain declaration of our purpose . You see into what hatred the wicked attempts of the Jesuits against her Majesty and the State , hath brought not only all Catholicks in general , but more especially us that are secular Priests , although we did ever dislike and blame them , nay detest and hate them , no men more . For any of us to have been brought up in the Seminaries beyond the Seas , hath been , and still is ( as you know ) a matter here very odious , and to us full of danger . But by Father Parsons courses with the Seminaries in Spain , and now that he is Rector of the English Seminary in Rome , and so taketh upon him by his favour there to direct and command all the rest : what will the State here think of the Priests , that shall come from any of those Seminaries hereafter , where they must be brought up , according to the Jesuitical humor , and sent hither with such directions as shall be thereunto agreeable ? The said Book of Titles compiled by Parsons , is here very well known , almost to the whole Realm : and Mr. Charles Paget hath not been silent as touching the Infanta , and the bringing up of Students to be sent hither , as Priests to promote her title . Sundry sharp courses have been taken already with us , and many Laws are made against us . But now , what may we expect , but all the cruelty that ever was devised against any man , if the State should think both us , and all other Catholicks to be either addicted , or any way inclined to the advancement of any foreign Title against her Majesty , or her lawful Successors . And it cannot chuse , but that we should thereof be the rather suspected , because at this time it is well known , that the infection of Jesuitism doth bear great sway in England amongst us , whilst our Archpriest ( who taketh upon him to rule all ) is himself over-ruled by Garnet the Jesuit , who as a most base Vassal , is in every thing at the beck and command of Father Parsons . For the avoiding therefore of all the further mischiefs that may ensue , we first profess ( as before we have often done ) that we do utterly dislike and condemn in our consciences , all the said slanderous Writings and Pamphlets , which have been published to the slander of her Majesty and this Realm , protesting that the Jesuitical designments beyond the Seas , together with certain rebellious and traiterous attempts of some Catholicks at home , have been the causes of such calamities and troubles , as have happened unto us : great ( we confess ) in themselves , but far less ( we think ) than any Prince living in her Majesties case , and so provoked would have inflicted upon us . Some of us have said many a time , when we have read and heard speeches of her Majesties supposed cruelty . Why my Masters ? what would you have her to do , being resolved as she is in matters of Religion , except she should willingly cast off the care , not only of her State and Kingdom , but of her life also and Princely estimation ? Yea , there have been amongst us of our own calling , who have likewise said , That they themselves , knowing what they do know , how under pretence of Religion , the life of her Majesty , and the subversion of the Kingdom is aimed at : if they had been of her Highnesses Council , they would have given their consent , for the making of very strait and rigorous Laws to the better suppressing and preventing of all such Jesuitical and wicked designments . Secondly , we do all of us acknowledge , that by our Learning ( secluding all Machiavilian Maxims ) Ecclesiastical persons by virtue of their calling are only to meddle with praying , preaching , and administring the Sacraments , and such other like spiritual Functions , and not to study how to murder Princes , nor to licitate Kingdoms , nor to intrude themselves into matters of State , Successions , and Invasions , as Fryer George did in Pannonia , to the utter ruine of that beautiful Realm . Thirdly ; we profess our selves , with all godly courage and boldness , to be as sound and true Catholick Priests , as any Jesuits , or men living in the world , and that we do not desire to draw breath any longer upon the earth , than that we shall so continue ; but yet therewith we being born her Majesties Subjects , do plainly affirm and resolutely acknowledge it , without all Jesuitical equivocation , that if the Pope himself ( as some of the Apostles did ) do come into this Land ; or if he do send hither some Fugatius and Damianus , as Eleutherus did , or some Augustine , Laurence or Justus , as Saint Gregory did , we will to do them service , go unto them , and lye down at their feet , and defend with them the Catholick faith by the sacred Scriptures , and authority of the Church , though it cost us our lives . But if he come or send hither an Army , under pretence to establish the said Catholick Religion , by force , and with the Sword , we will ever be most ready , as native born and true Subjects to her Highness , with the hazard of our lives , and with all our might , to withstand and oppose our selves against him , and to spend the best blood in our bodies in defence of the Queen and our Country . For we are throughly perswaded , that Priests of what order soever , ought not by force of Arms , to plant or water the Catholick faith , but in spiritu lenitatis & mansuetudinis to propagate and defend it . So it was planted in the Primitive Church , over all the World : & crescit & fructificat sicut & in nobis est , ex quo die recepimus . The ancient godly Christians , though they had sufficient forces , did not oppose themselves in Arms against their Lords the Emperours , though of another Religion . But our purpose is not to dispute this point . And now lastly , we commend unto you all ( our very right dear and beloved Brethren ) this our most humble Suit. First , that you will interpret the whole premises no otherwise than we our selves have expounded our own meaning . Secondly , we intreat you to remember , how dear we have been unto you , and that we continue our unfeigned affection towards you still : assuring you , that howsoever you are changed , we do affect you still , with a true and jealous love in Christ Jesu . Thirdly , we desire you by the mercies of God , to take heed of Novelties and Jesuitism : for it is nothing but treachery , dissimulation , ambition , and a very vizard of most deep hypocrisie . When other Kingdoms begin to loath them , why should you so far debase your selves , as to admire them ? Give us not occasion to say with the blessed Apostle : You foolish Galatians who hath bewitched you ? Fourthly , never give ear to any private Whisperers , or Jesuitical perswasions , that shall tend to allure you from your duties and allegiance unto her Majesty , or your native Country . All arguments , that can be brought to corrupt you in either , assure your selves , are false and unlearned sophistications . The Catholick faith , for her stability and continuance hath no need of any treachery or rebellion . The promise made to S. Peter , is her sure ground , and is more dishonoured with treasons , and wicked policies of carnal men , than any way furthered or advanced . The word of the spirit , and not the sword of the flesh , or any arm of man is that , which giveth life and beauty to the Catholick Church . We are fully perswaded in our consciences , and as men besides our Learning , who have some experience , that if the Catholicks had never sought by indirect means to have vexed her Majesty with their designments against her Crown : if the Pope and King of Spain had never plotted with the Duke of Norfolk : if the Rebels in the North had never been heard of : if the Bull of Pius Quintus had never been known : if the said Rebellion had never been justified : if neither Stukeley nor the Pope had attempted any thing against Ireland : if Gregory the Thirteenth had not renewed the said Excommunication : if the Jesuits had never come into England : if the Pope and King of Spain had not practised with the Duke of Guise for his attempt against her Majesty : if Parsons and the rest of the Jesuits , with other our Country-men beyond the Seas , had never been Agents in those traiterous and bloody designments of Throckmorton , Parry , Collen , York , Williams , Squire and such like : If they had not by their Treatises and Writings endeavoured to defame their Soveraign , and their own Country , labouring to have many of their Books to be translated into divers languages , thereby to shew more their own disloyalty : if Cardinal Alane and Parsons had not published the renovation of the said Bull by Xistus Quintus : if thereunto they had not added their scurrilous and unmanly admonition , or rather most prophane Libel against her Majesty : if they had not sought by false perswasions , and ungodly arguments , to have allured the hearts of all Catholicks from their Allegiance : if the Pope had never been urged by them to have thrust the King of Spain into that barbarous action against the Realm : if they themselves with all the rest of that generation , had not laboured greatly with the said King for the Conquest and Invasion of this Land by the Spaniards , who are known to be the cruellest Tyrants that live upon the earth : if in all their proceedings , they had not from time to time depraved , irritated , and provoked both her Majesty and the State , with these and many other such like their most ungodly and unchristian practices : but on the contrary , if the Popes from time to time had sought her Majesty , by kind offices and gentle perswasions , never ceasing the prosecution of those and such like courses of humanity and gentleness : if the Catholicks and Priests beyond the Seas had laboured continually the furtherance of those most Priest-like and divine allurements , and had framed their own proceedings in all their works and writings accordingly : if we at home all of us , both Priests and people had possessed our souls in meekness and humility , honoured her Majesty , born with the infirmities of the State , suffered all things , and dealt as true Catholick Priests : if all of us ( we say ) had thus done , most assuredly the State would have loved us , or at least born with us : where there is one Catholick , there would have been ten : there had been no speeches amongst us of Racks and Tortures , nor any cause to have used them ; for none were ever vexed that way simply , for that he was either Priest or Catholick , but because they were suspected to have had their hands in some of the said most traiterous designments : none of her Majesties enemies durst so readily have attempted her State and Kingdom : we had been in better friendship with those that seek now most to oppose themselves against us , and to all men ( as we are perswaded ) bonus odor Christi , odor vitae ad vitam : whereas by following the said new violent Spirits , quasi turbae impellentes parietem , we are become odor mortis ad mortem , non solum iis qui pereunt , sed etiam iis qui salvi fiunt . And therefore let us all turn over the leaf , and take another course , than hitherto we have done . To conclude , we do also further intreat and beseech you , to consider with your selves , the state of the Seminaries beyond the Seas , as now they stand at the disposition of the Jesuits , and joyn together with us , that the said Jesuits may be removed from the government and direction of them . It is too well known , how hotly they are addicted to the pursuing of a Spanish Monarchy : for the advancement whereof , ( because it tendeth to their own glory , being altogether Hispaniated and transported into those humors , the better to resemble and imitate their Founder and Father Ignatius Loyola a Spaniard ) they will certainly never cease to put in practice all the mischief , they can either devise themselves , or learn amongst their company : which is , as they consort themselves , the very School of Machiavellism . In the which our joynt suit , if we cannot prevail , it remaineth then , that you would be pleased to be intreated by us , not to send or suffer your children or friends to go beyond the Seas unto them , that so they may be driven , if needs they will train up Youths to make them Traiters , to gather them up in other Countries , whereby they shall not be able so much to infect or endanger us . Besides , we are fully perswaded , that by this course , although at the first we be not heard , by reason of the might that the Jesuitical faction are grown unto : yet his Holiness , when he shall perceive it , and in the depth of his singular wisdom consider , what inconvenience may come thereof , will easily be drawn to hearken unto us . Or howsoever ( as our Saviour Christ saith in another case ) potens est Deus de lapidibus istis suscitare filios Abrahae : though you never send your Sons or Friends beyond the Seas , to the ruinating both of your selves , and of your Country , if the Jesuits shall still have the direction of them : so say we that the Church lived before they were born , and needeth not for the advancement of her glory , any of their traiterous practices : but is able of her self by the assistance of God , to raise up Priests out of our own Universities , and from among the Ministers themselves , remain they as yet never so stiff or hard against us . And thus commending both you and our cause to God , and our selves to your good favours , and charitable prayers , we take our leaves , and end this tedious discourse , more profitable and pleasing to God ( we trust ) than acceptable or grateful to many , which we can be but sorry for . Your true Friends the secular Priests . Whatsoever is written or contained in these Books , we submit all to the censure and judgment of our holy Mother the Catholick Church . FINIS . THE JESUITS REASONS Unreasonable : OR , DOUBTS Proposed to the JESUITS Upon their Paper presented to divers Persons of Honour , for Non-Exception from the Common Favour Voted to CATHOLICKS . JON. 1. 12. Tollite me , & mitti●e in mare , & cessabit mare à vobis : scio enim ego quoniam propter me tempestas haec grandis venit super vos . LONDON , Printed Anno Dom. M DC LXII . REASONS why the Jesuits hope that they should partake of the favor shewed to other Priests , in taking away the Sanguinary Laws . THE same Reasons , which moved the Peers to take away the Sanguinary Laws from other Priests , may move them also , to take them away in respect of the Jesuits , for the Jesuits are free born Subjects as well as others ; they have been as faithful to His Majesty as others ; they are of tender Consciences as well as others . The Jesuits all along have been furtherers of the King , and Actors also as far as their Function beareth ; that is , they were in the Camp where some of them were killed , others imprisoned , most of them lost their nearest Relations in the War , and in a manner , all had their Friends undone for the King. All those that depended on the Jesuits stood constant for the King , even to death : amongst these were some signal persons , as Sir Henry Gage , Sir John Smith , Sir John Digby , and others , who having been formerly Scholars of the Jesuits , were actually , when they dyed , Penitents of the Jesuits , and Mr. Peter Wright who was executed at Tyburn , for a Jesuit , was particularly maligned because he was Sir Henry Gage his Priest . As for Noble persons who lost great Estates , and endured much hardship for his Majesty , the late Duchess of Buckingham , the late Marquess of Worcester , the late Earl of Shrewsbury , were Penitents of the Society , as other prime Nobility yet in being . Now whereas two things are objected against the Jesuits , they are both easily answered ; First , it is objected that the Jesuits teach the Doctrine of the Pope deposing Kings . It is answered , That no Community can be less accused of that Doctrine , than the Jesuits . It 's true , four or five Jesuits did many years ago teach that Doctrine , as they had found it taught by others , ancienter than their Order . But since the first of January 1616. the General of the Jesuits forbade any of his to teach , preach , or dispute for that Doctrine , or print any thing for it , to take away the aspersion which the Writings of some few have brought upon the Society . And now actually all Jesuits are obliged under pain of damnation , not to teach that Doctrine either in word , writing , or print , which none in the Church but they only are . Secondly , 'T is objected that the Jesuits do particularly depend on the Pope . It is answered , That they are obliged by a particular Vow to be ready to go even to the utmost bounds of the Earth , to preach the Gospel to Infidels , when the Pope shall think it fit to send them ; and they have no other Vow , which doth particularly oblige them but this , which can prejudice no Kingdom . On the other side , speaking of their dependence ( which may byass their affections ) they have the least dependence of the Pope , of any Church-men , for they are by special Vow excluded from all Benefices , and Dignities , by which the Pope may win the affection of other Church-men . As for what is said of the Venetians , and French banishing the Jesuits , it is answered that both those Estates have repealed their Acts. Lastly , That the Jesuits being willing to submit to whatsoever all other Catholick Priests shall agree to , and offering all the security which others offer , they hope they may be partakers of the same favours which shall be granted to others ; that so , that mercy may extend to all , and the World may see that the Sanguinary Laws are truly taken away . PREFACE . I Expect Censures and Clamours as loud as can be against me , of uncharitable , uncatholick , unchristian , &c. for seeming to lay load upon the already oppressed , and contribute to , and even provoke a persecution against our Fellow Catholicks . I think I have said my worst against my self : let me see how I can justifie my action . Premising therefore that the case of you Jesuits is apprehended by your selves , and your Abettors already desperate , and your Exclusion remediless , and so cannot be said to spring from this paper of mine ; I address to my Defence , and offer my Motives why I publish this little Treatise against you . My first is , To wipe off the aspersion laid upon Gods Church by some Tenets of yours ; and strongly fastened on it by your haughty calling only your selves the Catholick Church , and all dissenters from your Tenets , Hereticks . My second , Because I understand you are about to make the Common good stoop to the Particular one of your Order : as is your constant practice ; contrary to the Law of Nature , and Principles of Christianity . For I have been informed that you in a boasting manner affirm , the Parliament will proceed no farther about taking away the Sanguinary Laws : and that some friends of yours endeavour to make it believed that it is not for his Majesties interest to make good his solemn promise from Breda , of having regard to tender Consciences . My third is , Your stomachful frustrating my expectation . For I was really glad when I heard you had published Apologetical Reasons why you should not be excepted ; hoping you would sincerely renounce the criminal Doctrines and Actions of your Predecessors , and free Religion from scandal . But finding no such thing , per verba de praesenti , but on the contrary , a comparing and preferring your selves before others : I thought my self obliged to do right to the Common Cause . My fourth , To oblige you to repentance , and a hearty retractation of your unlawful Tenets and Practices ; that so you may deserve and have as much favour as others ; which is the worst I wish you : and not to wrong your own Credits and Consciences , and fool others with dissembling shews of loyalty , which every one may see to be mere hypocrisie . My fifth , Because I owe that duty to the Civil Magistrate , whose hearty Subject I am , to resent a mockery put upon him ( as this your paper will appear to be ) under colour of offering satisfaction : Every true hearted Subject owing his best endeavour to his King and Country , that none lurk among them , unless their faltring Principles of Aequivocation and disloyalty be purged out . My sixth , To offer even your selves an advantage , if your courage and cause will stretch to improve it . For the following Doubts are , many of them , such as Protestants themselves urge against your Reasons : and are communicated here to you , partly on purpose that you may provide better satisfaction . My last ( to satisfie even the passionate too ) is , Because your unchristian spirit of Calumny is still as unquiet as ever ; having , of late , most unjustly aspersed Principal Persons of almost every Body but your own ; which comportment of yours makes it but fit , if Truth and the Common Good favour you not , neither should I. To think and declare thus much satisfies me ; if it do not others , I cannot help it . Only I wish your favourers to beware of doing any thing that may be interpreted an abetment of you , till you approve your selves heartily loyal ; lest they discover themselves too deeply tainted with your Principles and temper . The Jesuits Reasons Vnreasonable . DOVBTS . 1. TO begin then . My first Doubt shall be , Whether you Jesuits have ground to hope the same favour with others . For , if you , by your unjust and wicked practices provoked the Magistrates to enact those Laws : if the rest of Priests and Catholicks were by you plunged in such miseries , upon discovery of your Negotiations , which were imputed to the whole Body of them , how can you be thought to deserve remission , whose seditious Principles are too deeply guilty of the Blood of Priests and Catholicks shed in the Kingdom ever since you first came into it ? Those who know your practices in the Countries , where you , by the means , ordinarily , of deluded Wives , govern the Great Ones , know this to be your Maxime , to manage Religion , not by perswasion , but by command and force . This Principle did your chief Apostle of England , Robert Parsons , bring in with him . His first endeavours were to make a List of Catholicks , which , under the conduct of the Duke of Guise , should have changed the state of the Kingdom , using for it the pretence of the Title of Queen Mary of Scotland . But , her Council at Paris , which understood business better , were so sensible of his boldness , that they took from him the Queens Cypher which he had purloyned , and commanded him never more to meddle in Her affairs . Poor Edmund Campian , who is generally accounted an innocent and learned man , and others suffered for such practices of his . Parson's endeavours being suppressed by this Queen , he turned himself to the Spaniard , and , with all his might , fostered the Invasion of Eighty eight , which is known to have been another occasion of Sanguinary Laws . He wrote , on that occasion , his Dolman , to justifie the Spaniards Title to England , degrading the Scottish succession and Title of our Soveraign . He wrote also Leicester's Common-wealth ( at that time called commonly Blewcoat , because it was sent into England bound in blew paper ) which extremely exasperated the State , and augmented its indignation against Catholicks . The same man , at Queen Elizabeths death , procured a Bull from the Pope to the Catholicks in England against King James ; to hinder his coming to the Crown , unless he would give liberty of Conscience , and , as his friends gave out , had twenty thousand men listed for that effect , had not his Majesty prevented the danger with sweet words . Next followed that detestable Machination of blowing up that Royal Race , and the whole Nobility , with the House of Commons , which was the occasion of the Oath of Allegiance , and all the Persecution of Catholicks following upon it : King James professing , not to persecute for Religion , but for Treason . This you alledge not to be , originally , your Invention ; but , is it no guilt to follow another mans wickedness , when it leads to so horrid a crime ? For , without doubt , both by prayers before-hand , and by publick testifications after the Fact was discovered , you were highly accessary to it : nay , many years after you did , and peradventure to this very day still do pertinaciously adhere to it . I could urge great and manifest instances of this , were it not to lose time . That monstrous Straw , of which all Christendom rung so long , and the Pictures of Garnet and Oldcorne cannot be denied , nor want they evidence of your inward minds . After these came out the ridiculous and satyrical Books against King James , the Corona Regia , and the Quaeries . And yet your so well affected spirits could not be at rest , till your Patriarch Parsons was shamefully turned out of Rome by Monsieur Bethunes , the French Ambassador , and order from the King of France ; being discovered to plot a new Treason against his Country to introduce the Duke of Parma . Thus you followed King James to his death . Direct Treason against King Charles , of glorious memory , before the Wars , I cannot accuse you of : but , how refractory you were to the Queens desires and orders at Rome , for his late Majesties assistance , is well known ; and what you have done since the beginning of the Wars , and how you have behaved your selves , both in and out of England , is fitter for me to remit to his Majesty , and the Courts Informations , than to e●gage my pen in far fewer and weaker which I could produce . Only I shall add this word ; If Colonel Hutchinson were well examined and pressed , he would perhaps discover ●●●ange secrets , about your treating with Cromwel , no doubt much to his Majesties advantage . So that , leaving you this Doubt to ruminate upon , whether the condition of them , who have guiltily provoked and deserved the Sanguinary Laws , be the same with theirs who have suffered for being mistaken to be their Fellows ; I proceed to 2. My Second Doubt , about your first Reason . That the Jesuits are free-born Subjects as well as others . In which , methinks , I find one of your usual sleights of Equivocation . For , a Jesuit may signifie the man who is a Jesuit ; and may signifie , with the complexion of being a Jesuit . In the former sense there is no difference between any other Priest , Regular or Secular , and a Jesuit , as to free-born ; but , in the second , there 's a wide one . For , the others have nothing against them , but such Laws as had their beginning from difference in Religion : their degrees and communities having been accepted by the Laws of the Kingdom ; in virtue of which they are free-born Subjects and parts of the Common-wealth , as far as difference of Religion permits . Now , it being the Law of England that no Ecclesiastical Community may settle here , unless admitted by the Civil Power , ( as we see in proportion , practised in all Catholick Estates ) and Jesuits never having participated of this favour , all your practices of usurping Jurisdiction , making Colledges and Provinces in or for England , possessing your selves of great sums of monies for such ends , and the like actions , have been hitherto all usurpations ▪ unlawful both in respect of the Donors and Acceptors . 'T is unlawful for any man ( even according to the sense and practice of Catholick times ) by virtue of your priviledges , to live , or preach in England , or any of his Majesties Dominions ; and whoever entertains you in such quality , is subject to the penalties ordained by the Ancient Laws . Neither , without some main Reason which might force the aforesaid Statute , ought you to hope or attempt any further stay in England , in way of a Body , till first you have obtained particular grace from the Civil Magistrate . 3. My Third Doubt is , Whether you have been as faithful to His Majesty as others ; Which is your second Reason . For which I must note a Maxim or Practice found among you Jesuits , and acknowledged by all who look into your ways ; which is , in quarrels of Princes and Great Men , to have some of your Fathers on one part , and others for the contrary . Which as I no ways deny to be very politickly done , and to shew that you are Wiser than the Children of light ; so , on the other side , I affirm 't is a manifest sign you are faithful to neither . I speak not this as to single men , ( if there be any among you who prefer your loyalty to your Prince before obedience to your Superiour ) but as to the Community or Superiours , who give this direction or connivence to their single Subjects , to act on both sides ; by which they are convinced of acknowledging duty to neither , but to work for their own interests . Nor can the like be imputed to other Communities , whose obedience is more rational and free ; without obligation to follow their Superiours Judgments further than to the observation of Canons and Rules . 4. My Fourth Doubt is , Whether you are ( as you say ) of tender Consciences as well as others : ( your third Reason ) for which I remit him who desires a further information , to The Mystery of Jesuitism , translated some years since out of French : The Author whereof is both learned in your Divinity , and an upright and scrupulous Roman Catholick , as his Book manifests . Where every indifferent Reader may see , as clear as noon-day , that your Conscience is so tender as to stretch to all kind of Villanies , by the award of that Theological Bawd , commonly called Probability , by which whatever three Divines hold ( or , perhaps , one ) is accounted Probable and lawful to be practised : and whoever understands any whit of the world , knows your General can , with a whistle , raise whole Legions of Divines to speak what he has a mind should pass for probable ; nay , every Provincial can raise above three to make it de fide . The World has seen the experience , about Deposing Princes , Equivocations , mental Reservations , and divers other juggles . Although this seems enough for this point , yet it is not amiss to add a Maxime of obedience which you have among you , viz. That the Subject ought blindly to obey his Superiour without examination , whenever it is probable there 's no sin in the action . Out of which perswasion , if three Divines at the most , say a thing may be done , which the Superiour will have done ; 't is not in a Subjects power , under pain of damnation , to refuse to do it . Whereby 't is plain , the tenderness of your Consciences is only about doing or not doing what your Superiour orders you . 5. My Fifth Doubt , concerning your Fourth Reason , is , whether all you say proves any heartiness for his Majesty . For , I question not the truth of all this , but the Quaere remains , whether you Jesuits were the first movers , or the Gentry which did the King service , to whom you adhered for not losing your places , and interest you had in the parties . Had you pleaded that any of this Gentry which you name , was unwilling of himself , and his Jesuit had induced him , or made him constant , when he would have relented , this reason had been somewhat strong : now , 't is one of the probable Arguments which are subject to be turned to what pleases the Orator . But to speak somewhat to particulars ; 'T is known Col. Gage's relations were to others more than to you ; and I could name by whose solicitation he took arms for the King , who was not of your Coat . As for Sir John Digby , there are alive who know by whom he was armed , and sent to the Kings Party , in whom you had not so great interest . Concerning the Noble Persons you name , though you had the industry to make your selves their Ordinaries , yet were they not , for the most part , so addicted to you , that they had not great Relations to other Ecclesiastical Bodies . So that it may appear , their own inclinations , and not your perswasions ( as far as is clear ) were their motives to follow the Kings Party . I could say more , were it fitting to enter upon private mens particular actions . And so much to your Reasons . 6. My Sixth Doubt concerns the Answer to the first Objection , Whether Jesuits teach the Doctrine of the Popes deposing Kings . My Doubt is , what your Answer is , whether I or no ? for I can find neither . First , you compare your Body to others , which is no Answer to the Question , but a spiteful and envious diversion , to examine others actions , who are sufficiently cleared , because not questioned . Secondly , you tell us that some Jesuits did teach it ; but that , since the first of January 1616. your General has forbidden any of his , to teach , preach , or dispute for that Doctrine ; which answers not the Question , and is a thing I am prone to believe . For I have been informed , that 't is a known practice of your Society , that your Generals should forbid some actions , which they are not unwilling their Subjects should practise , to the end that they may reject weak men , by saying it cannot be true , because they have a Rule against it ; and to more understanding Parties they may excuse the fault , by laying the defect on Particulars , who will not obey their commands . But , I must farther note a cunning in this Answer . For true it is , the Parliament of Paris ordered the principal Jesuits to get such an order from their General , for France ; upon which I suppose , you build your answer : not explicating whether it reaches to other Countries , as particularly to England , which I never heard so much as pretended : and therefore it answers nothing to the real Question , unless you produce the extension to the whole World ; which you cannot do , since 't is plain , Santarellus's Book was printed in Rome about ten years after 1616. teaching the power of Deposing in all latitude . Wherefore either Santarellus's fact was a manifest disobedience to the nose of his General , or the answer given , an open Imposture , making a special Decree for France a general one , and so your answer fallacious and none . No more than your fair inference , that all Jesuits are bound under pain of Damnation , not to teach that Doctrine ; which is a pure slur you use to put upon men unaccustomed to your ways : whereas 't is a known position of yours , that none of your Rules bind under so much as a Venial sin , much less under Damnation . And it seems you think there 's no Mortal sin , but Disobedience , or you esteem the Doctrine good , though forbidden you , else you would not have added that Clause , that None in the Church but you , were bound under pain of Damnation , not to teach that Doctrine : whereas all good Christians think it damnable to teach any wicked Doctrine , such as this is declared to be by all France . I wish to God you would instance in what Sermons or serious Discourses any of you have argued against this Doctrine ; out of which it might be gathered , that in your hearts you dislike it . I hear you and yours have much exclaimed against some even late Pamphlets that touch the Oath of Allegiance ; though none of those Books ( as far as I understand ) press the taking of the Oath it self , in its present terms , but only oppose this King-dethroning Doctrine . Surely , unless you declare your selves farther , this must cause a main suspicion , that you dislike the Oath , not as Moderate Catholicks do , for the ambiguity of the expression , but because the Doctrine of Deposition pleases you . And why should the Peace of Kingdoms , and the quiet of all Christendom depend upon your Generals Order , for that 's all the security I can find your Paper gives us ? who will assure us your Generals Order may not alter to morrow , and that which you call now a mortal sin to do , becomes then as mortal a sin not to do ? and has not then the World reason to fear that , where and when the interest of your Body will either dispense with your obedience to your General , or prevail so far with him as to revoke the Prohibition you speak of , you will be ready again to maintain the same Deposing Power with as much fierceness as those few whom you now seem to disowne ? For , who are those few ? Bellarmine , of whom one of your Society ( though in Prison when he spake it ) said , King James was no more to be compared to Bellarmine , than Balaams Ass to Balaam : Suarez , whom you esteem the Master of the World : Lessius , under the name of Singleton : Fitzherbert the chief , in his time , of your English Writers : Patriarch Parsons , Mariana , Salmeron , Becanus , Vasquez ; Omnes Capita alta ferentes , and of whom you will renounce none for less than being frightned to lose a Province ; as when , in France , you were threatned to be put out , if you had not condemned Suarez and Santarellus : With these deserves to be ranked , for his Merits in the same kind , F. Symonds , of a far later date , who procured to be condemned at Rome those three Propositions ( expressed in the Christian Moderator ) of which the first was expresly made to disclaim the Popes power in absolving Subjects from their Obedience to the Civil Government . Are all these but four or five ? Nay , I could reckon above four or five besides all these : so that , there is no farther security of your not preaching this Doctrine , than until the Pope please to attempt again the Deposition of some King of England : for then no doubt but your Generals Decree will be released , and the Interest of your Order to preach this Doctrine again . As to that perverse and unseasonable insinuation , that Others , too , have defended the Popes deposing power , as well as you : I answer , perhaps Flattery or Errours may have prevailed so far with some others besides Jesuits : yet , with this difference in the point we now treat : some persons of other Communities have written for that exorbitant power in the Pope , and very many , and far more against it : not only the faculties of Paris and Sorbonne , but seven or eight whole Universities in France , have unanimously and solemnly condemned it : All this while , what single Jesuit has spoken one unkind word against it ? though both particularly suspected , and highly concerned to clear themselves . Cry you mercy ! you there subscribed also their Condemnation of it . But why find I not that alledged here , if there be not some juggle in 't ? Sure you would not have waved urging it among your best Reasons , did not your hearts disavow that forced compliance then , and so hate the Medium for the Conclusions sake . Your Generals Prohibition ( as your Reasons seem to express it ) is , Not to teach , &c. that Doctrine ; and then you are free , at least to teach , &c. the contrary ; which who of you ever did so much as in a private Conference ? Nor will it help you , if your Generals Prohibition be to speak either for or against that Opinion ( which I believe is the truth , though your Reasons craftily dissemble it ; ) since then , you neither have hitherto given , nor can hereafter give the least satisfaction to Princes , without disobeying your General . Let any one but cast his eye upon F. Lloyd ( or Fisher ) a famous man in his generation , and consider what he writes in his Answer to the Nine Points . That he omitted the discussion of the Ninth Point , about the Pope's Authority to depose Kings ; for , being bound by the command of his General given to the whole Order , not to publish any thing , of that Argument , without sending the same first to Rome , to be reviewed and approved ; his Answer to that Point could not have been performed without very long expectation and delay . And so goes on ; referring His Majesty and the Reader in general , to the Treatises lately written on that Subject , to which , said he , ' T is not needful any thing should be added . And , I ask , first , is not this Jesuits proceeding with his King extremely , both uncivil and disloyal too ? his Majesty commands an English Jesuit to write concerning the Opinion of deposing Kings , and giving away their Kingdoms by Papal power , whether directly or indirectly : What says the Jesuit to this important question , wherein all Princes , and particularly his Majesty was so nearly concerned ? He could not answer it without sending it first to Rome to be approved , &c. and so excused himself , and made no answer at all ; which now of these two will you guess was the Jesuits supreme Soveraign , the King or his General ? Nor should I have stayed so long upon the example of one particular Jesuit , though never so eminent among them , but that by these their Reasons , I see they all cleave to the same Principle , of not meddling with this point , whatever it costs them , without leave of their General . Secondly , I ask concerning those late Treatises here mentioned by the Jesuit ; were they not those very Books which Paris and so many whole Universities of France publickly condemned ? I have this motive to think so ; F. Fisher wrote this Book 1626. these Treatises were that very year condemned , and some of them , as Santarellus , printed but the year before . But , that F. Fisher adhered to the affirmative of the Popes deposing power , is clearly evident by his other excuse , that commonly Kings are not willing to hear the proofs of coercive Authority over them , &c. As also , when his Adversary objected , that Suarez's Book was burnt by the Hangman , he answers ( far from disliking his Brother Jesuit ) in these peremptory words ; I likewise demand of you , says Fisher , if Jesuit Suarez his Book be prejudicial to Princely Authority , why is the same allowed in all other Catholick Kingdoms , & c ? Does this sound , as if the Jesuits had changed their inclination to that Doctrine ; whilst one of their eminentest Writers strives thus to defend , nay , applaud , even Suarez , one of the most offensive and extragavant , even , Jesuits , that ever medled with that Subject ? 7. My Seventh Doubt , is about your dependence on the Pope , which you gloriously explicate to consist in this , that The Jesuits are obliged by a particular Vow , to be ready to go even unto the utmost Bounds of the Earth , to preach the Gospel to Infidels . I desire to know , by what virtue you explicate your Vow in these words ? the terms of your Vow are these , In super promitto specialem Obedientiam summo Pontifici circa missiones : which , by the tenour of the words , signifies to go whither he shall send you , and do what he shall command you in your Missions . First , there 's never a word of preaching the Gospel , nor of Infidels ; and your Missions may be as well to Catholicks as to Infidels ; as we see the Peres de la Mission , in France , for the most part , are imployed among Catholicks : and I would demand whether your Mission into England be not as well to Catholicks as to Protestants ? Wherefore , by this Vow , you are bound to do whatever the Pope commands you : as for example , if the Pope should excommunicate or depose the Prince , and command you to move the Catholicks to take Arms ; you were bound by your Vow to do it . And , therefore , 't is no wonder if you give the Pope a Catalogue of these men , and their qualities , ( for they are , generally speaking , those who are eminentest in your Order ) and brag to him how great an Army of Pens and Tongues you bring devoted to him , to further any attempt or design he shall command . Besides , is it not well known , that none of your Order go into Infidels Countries , but such as desire it , whereof no small part do it for discontentment they find in your Colledges ? and that the Pope may as well send one of the Pillars of St. Peter's Church in Rome , to preach to Infidels , as one of your professed Fathers , if it be against your General 's , and his own will ? Therefore , this special obedience is but a flash of vanity above others ; by which the Pope has a Chimerical power over you ; such as your subtilty in Divinity will call potentiaremota , which , without your own wills , shall never come into Act. Yet do I not think that His Majesty will quarrel with you for this Vow , as you explicate it : though , to tell you my sence of it , I do not know how it stands with His Prerogative , that the Pope shall have power over his Subjects , which may be useful to him , to send them , without his leave , to Japan and China ; But , this Authority you assume to your selves , and further : For , you do not only oblige your Subjects to come in , or go out of the Kingdom , when you command them ; but play the Judges of life and death , upon the Kings natural Subjects , without his leave , or any crime that , according to Civil Laws , deserves punishment . You presume by your power , to send them to Watten , or some such place , wherein either your selves have high Justice , or the high Justice is at your Devotion , there frame Process against them , and execute them , without making account to His Majesty of the life of his Subject , for pretended crimes committed in England . This ( taking the whole story together ) I conceive to be no less than making your selves Soveraigns over His Majesties Subjects , that is , to be an Act of high Treason . Yet , all parts of this Action are evidently in your hands , in virtue of your obedience , and your having such places of high Justice in your Command : so that your Subjects have other Soveraigns than the King's Majesty , whom , by consequence , they ought to fear more than him , since their power is more immediate , and pressing and pressed on their Consciences . As for the practice , 't is said to have been used upon one Thomas Barton , an eminent Scholar among you , who wrote a Book called The agreement of Faith and Reason . How true it is , I undertake not to justifie ; but if you 'l justifie your selves from High Treason , it behoves you to produce the man. And so you have my seventh Doubt . 8. My Eighth Doubt is , that you equivocate with us in this word Dependence : for you turn it to be dependence by Vow , whereas more likely it means dependence of Interest , and signifies , that 't is your interest to ingage the Pope to you , by maintaining all height of Supreme Authority in him , though it be never so irrational and against Gods Law. For , by so doing , you also can use it all for your own Interest , in procuring for your selves and friends whatever lies either in the Popes Authority or Grace , as Exemptions , Priviledges , Benefices , &c. For , men look not on your Body as on others , whose Generals have no other power than according to their Rules , to look to their Discipline : But on you they look as on an Army managed by one man ; whose Weapons are Pens and Tongues ; and the Arts of Negotiation , and all plausible means of commending your selves to the World. Which you exercise in such a height , as to have had the boldness to threaten the Pope with a Schism ; to tell the King of Spain your Tongues and Pens had gotten him more Dominions than his Armies ; to attempt breaking the Liberties of Venice ; to be able to raise Seditions in most Countries ; and to be dreadful to the very Kings and Princes . And all this , because , as Christ proposed to his Disciples the love of one another , for the Badge of Christianity ; so , your Generals propose to you blind obedience for the Badge of a Jesuit ; that is , by cooperating with them , to make them powerful and great Lords and your selves invincible , and terrible to all that oppose you . For this end you exalt the Popes Infallibility ; that you may get your Opponents condemned in Rome , and then cry them down for Hereticks . For this reason you teach , the Pope to have all Authority in the Church , and other Bishops to be but his Deputies , ( so joyning with your Brother-Presbyters in really destroying the Hierarchy ) that , when you , by Grace or surreption , have purloyn'd a Command from that Court , you may treat all that resist you , as Schismaticks and Rebels to the Church . Yet if we believe Mr. White ( acknowledged an able man ) they are both damnable Heresies , and destructive of Faith and Church : and many others also of our most learned , dislike them , though their courage , &c. reaches not to brand them so severely . In this complication of Interests , then , and not in your glorious Vow , consists the dependence you have so specially on the Pope , in a matter not of Religion , but of Temporal profit and greatness . 9. My Ninth Doubt is , about the comparison you make between your selves and others ; telling us how you are by special Vow , excluded from all Benefices and Dignities , by which the Pope may win the affection of other Church-men . Concerning which I first inquire , whether this be roundly true ? I doubt you 'd be loth to reject all the Abbeys and Benefices annexed to your Colledges , to verifie this Vow , as you have set it down in your Paper : and therefore the effect of your Vow is only , that private men may not be alienated from your Order , with hope of quiet lives in such Benefices ; and not the contempt of the Power , and Honour following it ; as is sufficiently testified by another Vow of yours ; which is , that , if any of yours , for special reasons , be made Bishop , he shall be bound to be subject to the Provincial , or Rector of the place of his Residence , and to take their advice in the government of his Church ; which you extend as far as to Cardinals , to a capacity of which Eminent Dignity , notwithstanding your special Vow , your Dispensations easily reach . So that your Vow is no Religious one , of despising Honours ; but a politick abuse , mask'd under the veil of Religion , that the abler men of your Order may not be separated from it , and so the Body may remain the stronger , and your General more potent to resist the Pope himself . Neither does this any way diminish , but increase your dependence on the Pope ; both , because 't is by him your Houses are furnisht with Benefices , and those never to return to the Popes Donation ; as because you oblige your Friends , by procuring others for them , you being at his elbow , to suggest this or that friend , on whom all his Benefices may be conferred : by which means you get the endearment due to the Pope from those Friends , to the increase of your own power and riches ; and your selves still find out new pretended necessities to beg more : So that this Holy Vow of yours no ways makes you less subject to the Pope , but to suck his paps the harder : as those know , who have seen what passed in France and Flanders these late years ; especially under the Archduke Leopold . 10. Yet have I another Doubt concerning this Vow of yours , viz. Whether it does not make you as refractory to Kings and Princes , as to the Pope ? For to speak truth , whatever the Right is in other Countries , in England , where the Canons and Concordates with the Pope have been out of use a hundred years , and by consequence , have no force , even in your own Doctors opinions ; and therefore things are to be governed by Nature and Reason : at least , in England , I say , all such Benefices and Collations belong more to the King than to the Pope . For , it being clear , that the Offices to which Benefices are annexed , are to be provided of able men ; and who are able men none can tell that understand not the Office : 't is plain , that Secular Clergy-men ought to be the chusers of Officers of their kind , Regulars of Regular Superiors ; and by consequence , the Donors of such Benefices . But , the people first got an influence on the chusing of Bishops , because 't was rationally believed those would be able to do most good , who were in the peoples good liking . But , when Bishops grew to have great Revenues , and to be esteemed men of so high Quality in the Common-wealth , the Emperors and Kings began to cast an eye on their Election ; and not without reason : for it concerns them that none be in eminent places , but such as they are secured of will breed no disturbance in the Common-wealth . After this , if any Clergy-man had done the King service , he found it the best way of recompence to cause him to be chosen into a place of Authority and Eminency . The Popes title to the giving of Benefices began by his Office of Patriach of the West ; which , since the Council of Nice , he more narrowly looked to the government of ; exhorting and correcting by Letters such Bishops and Churches there , as did not their duties . And this held , till Pepin found how efficacious the reverence of the Pope was to make him obeyed , and accepted for King of France . Since which time , whether for Ambition , or for security sake , men began to think no Act firm , unless it were ratified at Rome . In times following , the Popes began to have need of Christian Princes : and these found it the sweetest way to help the Popes , by granting imposition upon the Clergy . So came the first-fruits to the Popes ; and , to assure those Incomes , the custom of having Bulls from Rome to confirm the Elections of the Clergy , was likewise introduced . So that , this Authority of the Popes comes from the Princes Agreements with them , and not from any Superiority or Power of the Popes . Wherefore , these Agreements being , by time and essential changes , annulled ; all giving of Benefices belong to the Chusers and the King. I come now to the close . If your renouncing of Benefices make you less subject to the Pope , as you pretend ; it makes you in England less subject to the King. And , if it makes you more hardly rewardable , and more pressing on the Pope , it will make you the like to Kings . As , in Leopold's time , you were so wholly the means for coming to Benefices , that hardly a command from Spain could take place for any that was not your Confident . 11. My Eleventh Doubt is , how you answer your banishment out of France and Venice , viz. that Both these States have repealed their Acts. Which answer makes nothing to this , that you either did not deserve the sentence , or deserved to have it released ; one of which any judicious man would have expected at your hands . Now , to come to particulars ; the Venetians were so resolute against you , that they made it Treason for any of their State so much as to motion your return , and refused divers Princes intercessions for you . Till their case reducing them to fear the slavery of the Turk , if they had not the Popes assistance , promised them largely if they would re-admit you : they rather chose to struggle with your Treasons at home , than admit the Barbarians conquest of their Dominions . Whether they have cause to repent , or not , I know not ; But , the current news at this present is , that the Pope , who procured your admittance , has ; having found you so unfaithful to him , notwithstanding all his love to you , insomuch that he 's about question you , by what means you are so suddenly raised to so great wealth : wherein , I fear , he 'l not find obedience so ready as he found flattery , when he was to pleasure you . Your measure in France was , indeed , hard ; the fault being not proved to be universal but particular ; and so , in divers places , was never executed , and easie to be repealed , having proceeded more out of presumption than proof . But , your case in England is far different ; your whole English Congregation following their Head , Parsons , and maintaining his Acts even since his Death . 12. My Twelfth Doubt is , concerning your conclusion , Whether you intend to mend what , hitherto , you have done amiss ; or rather to persist in your Equivocations and Dissimulations . For , first , whereas you being the chiefly or only suspected Body , are therefore bound to offer more satisfaction than others ; you make your Proposition to submit to whatever all other Catholick Priests shall agree to : which sounds as much as , if any disagree , you will adhere to them ; or , in plain terms , that you 'l agree to no more than by shame you shall be forced to , for not plainly appearing the worst of Priests and Enemies to the Catholick Cause . 13. My Thirteenth Doubt is , why you , pretending to be the greatest Divines among Catholicks , remit your selves to the determinations of others , and not , as good Subjects ought , examine what satisfaction is necessary and fit to be given the State ; and both offer it your selves , and provoke others to do it , not standing so scrupulously upon your Generals decree , which surely should not be thought to bind in such extreme cases : even the Laws of the Church , and of general Councils we know oblige not , where our obedience would ruine us ; and will you still more precisely observe your own By-Laws , than the sacred Canons of the Universal Church ? Methinks therefore , in due satisfaction concerning the pretences of the Pope against the King ; whatever Catholick Doctors hold favourable to Princes , in these differences , should by you be gathered together , and subscribed , and promised to be maintained with all your power . As , first , the Doctrine , which denies that the Pope has any Authority in any case to depose , or temporally molest the King , or any of His Majesties Subjects . Likewise that he has no Authority to release any lawfully made Oath of Allegiance , or other promise to his Majesty , or any of his Subjects . And , because none of these , or the like assertions can be strong and firm in the mouth of him that holds the Pope's Infallibility in determining points of Faith ; but , whenever the Pope shall determine the contrary , he must renounce what before he held for good : therefore you should do the like in respect of the Pope's Infallibility . Moreover , because , if the Pope , by his own , or any others Authority , may force his Majesties Subjects to go into Countries where they cannot enjoy the protection of their Prince , the Subjects are not free to maintain these assertions : therefore , this Position , also , that a Subject of England is bound to appear before any foreign Tribunal , without His Majesties consent , is also to be condemned . Nor is it less necessary you should expresly renounce the Doctrines of Equivocation and Mental Reservation ; without which all the rest afford very little security ; And I could wish you would find some way how to assure us , that , when you solemnly make your disclaim of these last Opinions , you do not practise them even while you renounce them . Unless such Tenets be stubbed out of the heads and tongues of your Preachers , there cannot be expected any hearty Allegiance in the Jesuited Party , whose consciences are governed by you ; but such a one as shall waver with every blast from Rome . Neither can any Priest exempt himself from subscribing the condemnation of all these . For , Ignorance of necessary truths is not to be allowed in Teachers . And , supposing that every one knows the Propositions are not Articles of Catholick Faith , the manifest Inconveniences that follow them , will evidently convince they are to be condemned . For , temporal subjection to Princes is the main ground of the peace and good government of the Common-wealth ; and what is against that , is against the Law of God and Nature . I should think it , therefore , not so much your best , as your only way , to lay aside your private Interests with the Pope , and declare your selves not the last , but the forwardest in your Allegiance to His Majesty , that you may cancel your former proceedings , and blot out the setled Opinion of your Dissimulation . You can do it , if you will ; for you teach men to depose their own private consciences on the Opinions of others . You cannot deny but the contrary Opinions are asserted by Catholick Doctors ; and therefore by your own Maximes , 't is lawful for you to hold them , nor will I now dispute those Maximes . It concerns you deeply ; for , you must have a special favour from the Civil State : and not to pretend to such , is to profess you break the Catholick Parliament's Statutes , and press the Popes exorbitant Authority , and draws all your adherents into Treason before God and a Praemunire by the Laws . Think therefore soberly , and conclude strongly what you have to do : and , let not your General 's Interest oversway Truth and Justice , and your private Good. Yet one reflection occurs to me worth your notice , rising from the Report I toucht at the beginning , That you , seeing your selves shut out from the Favour Voted by the House of Lords , to other Catholicks , are casting about how to stop the progress of that Vote , and prevent its growing into an Act. Whereupon I raise this Quaere , why you , who are but a particular Body , should not rather take up your roots and transplant ; than so to seek your private benefit , that you care not to hazard the whole ? Do you not remember how and why you went from Venice ? you voluntarily departed in pure Obedience to the Pope , upon a quarrel betwixt Him and that State ; and were only kept out , not sent away : And , were it not now as high a Charity , and as much for your reputation , to yield for a time , till your own deportments shall deserve your restitution ; to which nothing can more conduce , than your peaceable departure , especially where the circumstances are so different : When you left Venice , you were conceived to hope a speedy return , by the Popes Arms and Triumph over your own Country ; whereas , if you now go away , your departure will be absolutely free from the blemish of that suspicion , and remain to all posterity an Action of pure Heroick Vertue ; while , in so tender a case , you prefer the publick before your own present private good . You who could leave a Country , where you were rich and prosperous , meerly to comply with the Pope ; can you not now depart from a Country , where your selves say , you are poor and afflicted , for the universal good of Religion ? Else , will not this pitch of Reluctance savour too rankly of the rich glue which indeed fastens your hearts here ; and betray at length to the inquisitive , that your yearly Rents got by the Mission in England , are more than ten times as much as what belongs to all Missions besides , both Secular and Regular ? Only this word more : I shall desire you to consider how the Catholicks of England , nay of all the World , will be scandalized and provoked against Jesuits , if they see you palpably and uncharitably drive on your own Interest alone , without caring what becomes of Religion , unless you may have your wills . This I propose , only upon supposition , that the Report is true . For , if you endeavour no more than to procure your selves may be included in the Act , without endangering your Neighbours , I heartily wish you may prove it just : but , bethink your selves well of this Dilemma ; If your solicitings stop the progress of the Act , how will you be hated , as guilty of the continuance of those Sanguinary Laws ? if your endeavours do not stop it , how will you be both hated for attempting it , and scorned for miscarrying in 't ? FINIS . Notes, typically marginal, from the original text Notes for div A33865-e1080 All Offenders cover their faults with contrary causes . Rebels do most dangerously cover their faults . Rebellion in England , and Ireland . The Rebels vanquished by the Queens Power . Some of the Rebels fled into other Countries . Rebels pretend Religion for their defence . Ringleaders of Rebels , Charls Nevill Earl of Westmer land , and Thomas Stukeley . The effect of the Popes Bull against the Queen of England . The practises of the Traitors , Rebels , and Fugitives , to execute the Bull. Seminaries erected to nurse seditious Fugitives . The Seminary Fugitives come secretly into the Realm to induce the people to obey the Popes Bull. Sowers of sedition taken , convented , and executed for Treason . The seditious Traitors Condemned by the antient Laws of the Realm , made 200. years past ▪ Persons Condemned , spared from Execution , upon refusal of their treasonable opinions . The Foreign Traitors continue sending of persons to move sedition in the Realm . The Seditious Fugitives labour to bring the Realm into a War external and domestical . The duty of the Queen and all her Governours to God and their Country , is to repel practices of Rebellion . None charged with capital Crimes , being of a contrary Religion , and professing to withstand Foreign Forces . Names of divers Ecclesiastical persons professing contrary Religion , never charged with capital Crimes . The late Favourers of the Popes Authority , were the chief Adversaries of the same , by their Doctrines and Writings . A great number of Lay persons of livelyhood , being of a contrary Religion , never charged with capital Crime . No person charged with capital Crime for the only maintenance of the Popes Supremacy . Such Condemned only for Treason , as maintain the effects of the Popes Bull against her Majesty and the Realm . Dr. Sanders maintenance of the Popes Bull. The persons that suffered Death , were Condemned for Treason , and not for Religion . A full proof that the maintainers of the Bull are directly guilty of Treason . Dr. Mortons secret Ambassage from Rome to stir the Rebellion in the North. Persons and Campion are offenders as Dr. Sanders is , for allowance of the Bull. Faculties granted to Persons and Campion , by Pope Gregory 13. Anno 1580. Harts Confession of the interpretation of the Bull of Pius Quintus . A Conclusion that all the infamous Books against the Queen and the Realm , are false . Difference of the small numbers that have been executed in the space of five and twenty years , from the great numbers in five years of Queen Maries Reign . An Advertisement to all princes of Countries abroad . The Authority claimed by the Pope not warranted by Christ , or by the two Apostles , Peter and Paul. Pope Hildebrand the first that made War against the Emperor . An. Dom. 1074. The Judgement of God against the Popes false erected Emperour . Pope Gregory the Seventh deposed by Henry IV. Henry 5. Frederick 1. Frederick 2. Lewis of Banar , Emperours . Whatsoever is alwful for other Princes Soveraigns , is lawful for the Queen and Crown of England . The Title of universal Bishop is a Preamble of Antichrist . Rome sacked , and the Pope Clement taken Prisoner by the Emperors Army . 1550. King Henry the Second of France his Edicts against the Pope and his Courts of Rome . The besieging of Rome and the Pope by the Duke of Alva with King Philips Army . Queen Mary and Cardinal Pool resisted the Pope . D. Peyto a begging Fryer The Kings of Christendom never suffer the Popes to abridge their Titles or Rights , though they suffer them to have rule over their People . The Queen of England may not suffer the Pope by any means to make Rebellions in her Realm . Additaments to the Popes Martyrologe . The strange ends of James Earl of Desmond . D. Saunders . James Fitzmorice . John of Desmond . John Somervile . The prosperity of England , during the Popes curses . Reasons to perswade by reason the Favourers of the Pope , that none hath bin executed for Religion , but for Treason . The first reason . The second reason . The 〈◊〉 Pius Q●●●●●… set up at Pauls . The first punishment for the Bull. The third reason . Rebellion in the North. The fourth reason . The Invasion of Ireland by the Pope . The Popes Forces vanquished in Ireland . The Politick Adversaries satisfied . Objection of the Papists , that the persons executed are but Scholars and unarmed . Many are Traiters , though they have no Armor nor Weapon . The Application of the Scholastical Traiters , to others , that are Traiters without Armor . Six Questions to try Traiters from Scholars . The offenders executed for Treason , not for Religion . Unreasonable and obstinate persons are left to Gods Judgment . Notes for div A33865-e6960 Saunders , Morton , Web , &c. 
A55942	----	The proceedings at the Sessions House in the Old-Baily, London on Thursday the 24th day of November, 1681 before His Majesties commissioners of Oyer and Terminer upon the bill of indictment for high-treason against Anthony Earl of Shaftsbury : published by His Majesties special command. Shaftesbury, Anthony Ashley Cooper, Earl of, 1621-1683. 1681 Approx. 181 KB of XML-encoded text transcribed from 26 1-bit group-IV TIFF page images. Text Creation Partnership, Ann Arbor, MI ; Oxford (UK) : 2009-03 (EEBO-TCP Phase 1). A55942 Wing P3564 ESTC R21380 12119515 ocm 12119515 54424 This keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the Early English Books Online Text Creation Partnership. This Phase I text is available for reuse, according to the terms of Creative Commons 0 1.0 Universal . The text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. Early English books online. (EEBO-TCP ; phase 1, no. A55942) Transcribed from: (Early English Books Online ; image set 54424) Images scanned from microfilm: (Early English books, 1641-1700 ; 875:17) The proceedings at the Sessions House in the Old-Baily, London on Thursday the 24th day of November, 1681 before His Majesties commissioners of Oyer and Terminer upon the bill of indictment for high-treason against Anthony Earl of Shaftsbury : published by His Majesties special command. Shaftesbury, Anthony Ashley Cooper, Earl of, 1621-1683. England and Wales. Court of Oyer and Terminer and Gaol Delivery (London and Middlesex). [2], 48 p. Printed for Samuel Mearne and John Baker, London : 1681. Reproduction of original in Huntington Library. Created by converting TCP files to TEI P5 using tcp2tei.xsl, TEI @ Oxford. 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Understanding these processes should make clear that, while the overall quality of TCP data is very good, some errors will remain and some readable characters will be marked as illegible. Users should bear in mind that in all likelihood such instances will never have been looked at by a TCP editor. The texts were encoded and linked to page images in accordance with level 4 of the TEI in Libraries guidelines. Copies of the texts have been issued variously as SGML (TCP schema; ASCII text with mnemonic sdata character entities); displayable XML (TCP schema; characters represented either as UTF-8 Unicode or text strings within braces); or lossless XML (TEI P5, characters represented either as UTF-8 Unicode or TEI g elements). Keying and markup guidelines are available at the Text Creation Partnership web site . eng Shaftesbury, Anthony Ashley Cooper, -- Earl of, 1621-1683. Treason -- Great Britain. Trials (Treason) -- Great Britain. 2007-06 TCP Assigned for keying and markup 2007-07 Apex CoVantage Keyed and coded from ProQuest page images 2008-04 John Latta Sampled and proofread 2008-04 John Latta Text and markup reviewed and edited 2008-09 pfs Batch review (QC) and XML conversion THE PROCEEDINGS AT THE Sessions House IN THE Old-Baily , London , ON Thursday the 24th day of November , 1681. BEFORE His Majesties Commissioners of Oyer and Terminer , UPON THE Bill of Indictment FOR HIGH-TREASON AGAINST ANTHONY EARL of SHAFTSBVRY . Published by His Majesties Special Command . LONDON , Printed for Samuel Mearne and John Baker , 1681. THE PROCEEDINGS AT THE Sessions-House IN THE OLD-BAYLY , LONDON , On Thursday the 24th of November , 1681. The GRAND-JURY . Sir Samuel Barnardiston . John Morden . Thomas Papillon . John Dubois . Charles Hearle . Edward Rudge . Humphrey Edwin . John Morrice . Edmund Harrison . Joseph Wright . John Cox. Thomas Parker . Leonard Robinson . Thomas Shepherd . John Flavell . Michael Godfrey . Joseph Richardson . William Empson . Andrew Kendrick . John Lane. John Hall. The OATH . YOU shall diligently Inquire , and true Presentment make , of all such Matters , Articles , and Things , as shall be given you in Charge , as of all other Matters and Things as shall come to your own knowledge , touching this present service , the Kings Council , your Fellows , and your own , you shall keep secret ; you shall present no Person for hatred or malice ; neither shall you leave any one unpresented for fear , favour , or affection , for lucre or gain , or any hopes thereof , but in all things you shall present the truth , the whole truth , and nothing but the truth , to the best of your knowledge . So help you God. L. C. J. Pemberton . GEntlemen of the Jury , we are all met here in one of the most Solemn Assemblies of this Nation ; it is upon the Execution of Justice upon such as shall be found Offenders , and Guilty of the Breach of the King's Laws . This Commission by which we sit , and you are Summoned , doth in its nature extend to all Offences whatsoever against the Laws of the Land , Treasons , Misprisions of Treasons , Felonies , and all other Crimes and Offences against the King and his Government , such as are vulgarly called Pleas of the Crown ; they all fall under our Cognizance , and your Enquiry in a general manner . But I must tell you , there is a particular occasion for this Commission at this time . His Majesty having Information of some Evil , Trayterous Designs against his Person and Government , has thought fit to Direct a due Examination of them , and that the persons may be brought to Condign punishment who shall be found Guilty thereof . You must not therefore expect any general and formal Charge from me ; Truly I came hither this Morning , with an apprehension , that you had had your directions given you before by the Recorder , for it is our usual way not to come until the Juries are Sworn in this place , and their Directions given them ; but since I find it otherwise , I take it to be my Duty to say something to you , but shall not go about now to make any such formal Charge , as in Commissions of this nature is wont to be done , nor to give an account of all Offences that fall under your Enquiry of a Grand Inquest , Impannelled by vertue of such a Commission at large : Nor must you expect I should acquaint you with all the Crimes that you may enquire of as such an Inquest . I shall content my self so far , as on the sudden I can recollect my thoughts , to acquaint you with the Nature of those Bills ; with the Enquiry whereof , you shall at present , upon this occasion , be troubled , and your Duty concerning that Enquiry . I hinted to you at first , that they are matters of High-Treason , which is a Crime of the greatest and highest nature of any Crime that can be committed against Man ; other Crimes , as Felonies , Riots , Trespasses , and Things of that nature , they may occasion disorders and troubles in a State or a Kingdom . But , I must tell you , Treason strikes at the root and life of all ; it tends to destroy the very Government , both King and Subjects , and the Lives , Interest and Liberties of all , and therefore has always been look'd upon as a Crime of the most notorious nature that can be whatsoever , and accordingly Punishments have been appointed for it of the highest and severest extremity . There was at Common Law great variety of Opinions concerning Treason , and there were many Disputes about it what should be Treason , and what not ; and therefore it was thought fit , by the Wisdom of our Ancestors , to have a Law to Declare Treason : and by the Statute of the 25th of Edward the 3d , there was a plain Declaration made of what was Treason , and what not : By that Law , for any one to Compass , Imagine , or Intend the Death of the King , ( for I will give you no more of that Statute , nor concerning the sense thereof , than may be for your purpose now ) ; I say , by that Law , to Compass , Imagine , or Intend the Death of the King , and to declare it by Overt-Act , or to Levy War against the King were declared ( amongst other things in that Statute mentioned ) to be High-Treason : And this hath obtained for Law among us ever since ; and by that standing Law , nothing is to be accounted Treason , but what is therein particularly declared so ; but upon many emergent occasions there hath been several other Laws , as the case hath required now and then , for to declare and bring other particular Crimes within the compass of Treasons : So there was a Law made in Queen Elizabeths Reign , for Enacting several Crimes to be Treasons , during her Life , which was made upon the occasion of the Inveterate Malice of the Roman Catholicks against her and her Government ; and so there hath been in other Kings Reigns upon other occasions . Amongst the rest , it was thought fit by the Parliament assembled here , in the Thirteenth year of this present King , to make a particular Law for the Enacting and Declaring several Crimes to be Treasons , during this Kings Life ; they had great grounds , and too much occasion for it , and so they express it in the Preamble of that Law. The wounds which the then late Treasons had made , that had so far obtained in this Kingdom , were then still bleeding , ripe , and scarcely closed ; many Trayterous Positions , and many Seditious Principles were spread , and had obtained and gained footing among the People of this Kingdom ; and the Parliament had reason to believe , that where they had been so maliciously bent against the King and his Family , and had taken off his Father , and maintained so long and dangerous a War against him , almost to the utter Destruction and Extirpation of him , and all his good Subjects , and of his , and all our Interests , Properties , and Liberties , and had almost destroy'd a flourishing Kingdom : Here they had reason , I say , to be careful , to prevent the like mischiefs for the future ; therefore , Gentlemen , they did think fit to make a new Law for this purpose : And whereas the Law before was , That it should be Treason to Compass , Imagine , or Intend the Death of the King , so as it were declared by Overt-Act ; now they thought it would be dangerous to stay till an Overt-Act should declare the intention ; for when they had seen such malicious and evil Designs against the King and Supreme Authority ; and that they had prevailed so far , as to Murder one King , and Banish another ; and had gone a great way in the destruction of the Government of this Kingdom , absolutely to root it quite out : They had reason then , as much as they could , to prevent the Designs before they should grow full ripe , and vent themselves in Overt-Acts ; therefore it was Enacted by that Statute , made in the 13th year of this Kings Reign , That if any one should Compass , Imagine , or Intend the Death of the King , or his Destruction , or any bodily harm , that might tend to his Death or Destruction , or any Maiming or Wounding his Person , any Restraint of his Liberty , or any Imprisonment of him ; or if any should design or intend to Levy any War against him , either within the Kingdom , or without ; or should design , intend , endeavour , or procure any Foreign Prince to Invade these his Dominions , or any other of the Kings Dominions , and should signifie or declare this by any Writing , or by any Preaching or Printing , or by any advised , malicious speaking , or words , this shall be High-Treason . Now this hath altered the former Law greatly , especially in two Cases : First as to Levying of War ; the Intention was not Treason before , unless it had taken effect , and War had been actually Levied : And then as to the Designing and Compassing the Kings Death , that was not Treason , unless it was declared by an Overt-Act : And as to the Imprisoning , or Restraining of the Liberty of the King , they of themselves alone were not High-Treason ; but now by this Law these are made Treason , by this Law , during his Majesties Life : And the very designing of them , whether they take effect , or not take effect , though it be prevented ( before any Overt Act , ) by the timely Prudence of the King and his Officers , though it should be timely prevented , that there is no hurt done ; yet the very design , if it be but utter'd and spoken , and any ways signified by any discourse ; this ( Gentlemen ) is made Treason , by this Act ; and this hath wrought very great alteration in the case of Treason now ; formerly it was said , and said truly enough , that Words alone would not make Treason ; but since this Act , Gentlemen , Words , if they import any malicious design against the Kings Life and Government ; any Trayterous intention in the party ; such words are Treason now within this Act : And this Act was made with great Prudence , and with great Care to take off that undue Liberty that men had taken to themselves ; in those times of Licentiousness , people had taken to themselves an undecent , and undue liberty to vent all their Seditious and Malicious minds one to another , without any restraint at all : Therefore now , Gentlemen , you must consider , that Words , if they signifie or purport any Trayterous ▪ intention or design in the party , either against the King or his Government ; either to restrain his Liberty , or Imprison him , or to do him any bodily hurt , or any Crime of that nature ; this is Treason within this Act of Parliament . Look ye , Gentlemen , now as to the Indictments that shall be brought before you , you are to consider these things : 1. Whether the Matter contained in them , and which you shall have in Evidence , be Matter of Treason within the former , or this Act of Parliament ? And here , if you doubt of it , then you must advise with us that are Commissionated by his Majesty to Hear and Determine these Crimes ; and in Matters of Law we shall direct you : And you are to enquire if there be two Witnesses that shall testifie the Matters in Evidence to you , for without two Witnesses no man is to be Impeached within these Laws ; but if there be two Witnesses that shall testifie to you Matters to make good the Indictments , then you have ground to find the Indictments . But I must tell you as to this case of two Witnesses , it is not necessary that they should be ; Two Witnesses to the same words , or to words spoken at one time , or in the same place ; that is not necessary : If one be a Witness to words that Import any Trayterous design and intention , spoken at one time , and in one place ; and another testifie other Seditious and Trayterous Words , spoken at another time , and in another place ; these two are two good Witnesses within this Statute , and so it hath been solemnly resolved by all the Judges of England upon a solemn occasion . Look ye , Gentlemen , I must tell you , That that which is referr'd to you , is to consider , whether upon what Evidence you shall have given unto you , there be any reason or ground for the King to call these persons to an account ; if there be probable ground , it is as much as you are to enquire into : You are not to Judge the persons , but for the Honour of the King , and the Decency of the Matter ; it is not thought fit by the Law , that persons should be Accused and Indicted , where there is no colour nor ground for it ; where there is no kind of suspition of a Crime , nor reason to believe , that the thing can be proved , it is not for the King's Honour to call Men to an Account in such cases : Therefore you are to enquire , whether that that you hear be any cause or reason for the King to put the Party to answer it . You do not Condemn , nor is there such a strict Enquiry to be made by you , as by others , that are sworn to try a Fact , or Issue : A probable cause , or some ground , that the King hath to call these persons to answer for it , is enough , Gentlemen , for you to find a Bill , 't is as much as is by Law required . Gentlemen , you must consider this , That as it is a Crime for to condemn Innocent persons , so it is a Crime as great to acquit the Guilty , and that God that requires one of them , requires both ; so that you must be as strict in the one , as you would be in the other . And let me tell you , If any of you shall be Refractory , and will not find any Bill , where there is a probable ground for an Accusation , you do therein undertake to intercept Justice , and you thereby make your selves Criminals , and Guilty , and the fault will lye at your Door . You must consider , Gentlemen , you are under a double Obligation here to do Right ; you are under the Obligation of English-men , as we are all Members of one great Body , of which the King is Head ; and you are engag'd , as English-men , to consider , That Crimes of this Nature ought not to go unpunish'd : Then you have an Oath of God upon you , you are here sworn to do according to what the Evidence is . Now therefore , if you have two Witnesses of Words that may import a Treasonable Design or Intention in any of those Parties , against whom you shall have Indictments offer'd to you , you are bound both by the Law of Nature , as you are Members of this Body ; and by the Law of God , as you have taken an Oath upon you , for to find those Bills . Gentlemen , Compassion or Pity is not your Province , nor ours in this case ; there is no room for that in Enquiries of this nature , that is reserv'd to an higher and superiour Power , from which ours is deriv'd : Therefore , Gentlemen , I must require you to consider such Evidence as shall be given you , and to be impartial according to what you shall hear from the Witnesses , if you have ground , upon what Evidence you shall have given to you , to believe , that there is any reason or cause for the King to call the persons named in such Indictments , as shall be tender'd to you , to answer for what is objected against them therein , you are to find those Bills , that is all that I shall say to you , only pray God to direct you in your Enquiry , that Justice may take place . [ Then a Bill of High-Treason was offer'd against the Earl of Shaftsbury , and Sir Francis Withens moved , That the Evidence might be heard in Court. ] L. C. J. Gentlemen of the Jury , You hear it is desired by the King's Council , ( and that we cannot deny ) that the Evidence may be publickly given , that it may not be hereafter in the Mouths of any ill-minded persons abroad , to scatter any Mistakes or Untruths up and down , or to slander the King's Evidence , or to say any thing concerning them that is not true : Therefore we cannot deny this motion of the King's Council , but desire that you will take your places , and hear the Evidence that shall be given you . [ The Jury then desired a Copy of their Oath , which the Court granted , and then they withdrew . After some little time they returned , and then the Clerk called them by their Names . ] Foreman . My Lord Chief Justice , it is the opinion of the Jury , that they ought to Examine the Witnesses in private , and it hath been the constant practice of our Ancestors and Predecestors to do it , and they insist upon it as our Right to Examine in private , because they are bound to keep the King 's Secrets , which they cannot do if it be done in Court. L. C. J. Look ye Gentlemen of the Jury , it may very probably be , that some late usage has brought you into this Error , That it is your Right ; but it is not your Right in truth : For I will tell you , I take the reason of that use for Grand Juries to Examine the Witnesses privately and out of Court , to comply with the Conveniencies of the Court , for generally upon such Commissions as these are , the business is much ; and at Gaol-Deliveries there are a great many persons to be Indicted and Tried , and much other Work besides , of other natures , to be done : And if at such times we should examine all Businesses publickly in the Court , it would make the business of these Commissions of a wonderful great length and cumbrance . Therefore the Judges , for the conveniency of the matter , have allow'd , That Witnesses should go to the Jury , and they to Examine them ; not that there is any matter of Right in it , for without question Originally all Evidences were given in Court ; the Jury are Officers and Ministers of the Court by which they enquire , and Evidence sure was all given in Court formerly ; and the Witnesses still are always sworn in Court , and never otherwise . And , Gentlemen , I must tell you , 'T is for your Advantage , as well as for the King 's , that it may be sure , that you comply with your Evidence , that you do nothing clandestinely ; therefore 't is for your advantage that this is done , and the King likewise desires it . Now I must tell you , That if the King require it of us , and it is a thing that is in its Nature indifferent , we ought to comply with the King's desire , to have it examin'd in Court ; you shall have all the liberty that you can have in private ; what Question soever you will have ask'd , your selves shall ask it , if you please , and we will not cramp you in Time , nor any thing of that Nature . Therefore , Gentlemen , there can be no kind of reason why this Evidence should not be given in Court. What you say concerning your keeping your Councels , that is quite of another Nature , that is , your Debates , and those things , there you shall be in private for to consider of what you hear publickly . But certainly it is the best way , both for the King , and for you , that there should , in a case of this nature , be an open and plain Examination of the Witnesses , that all the World may see what they say . Foreman . My Lord , if your Lordship pleases , I must beg your Lordship's pardon ; if I mistake in any thing , it is contrary to the sence of what the Jury apprehend . First , They apprehend that the very words of the Oath doth bind them , it says , That they shall keep the Council's , and their own Secrets : Now , my Lord , there can be no Secret in publick ; the very intimation of that doth imply , that the Examination should be secret ; besides , my Lord , I beg your Lordship's pardon if we mistake , we do not understand any thing of Law. Mr. Papillon . Your Lordship is pleased to say , That it hath been the common usage and practice ; sometimes , my Lord , we have heard , that that hath been the Law of England , that hath been the Custom of England : If it be the ancient usage and custom of England , that hath never been alter'd from time to time , and hath continued so , we desire your Lordship's Opinion upon that , as we would not do any thing that may be prejudicial to the King ▪ so we would not do the least that should be prejudicial to the Liberties of the People ; if it be the ancient Custom of the Kingdom to Examine in private , then there is something may be very prejudicial to the King in this publick Examination ; for sometimes in Examining Witnesses in private , there come to be discover'd some persons Guilty of Treason , and Misprision of Treason , that were not ▪ known , nor . thought on before . Then the Jury sends down to the Court , and gives them intimation , and these men are presently secur'd ; whereas , my Lord , in case they be Examined in open Court publickly , then presently there is intimation given , and these men are gone away . Another thing that may be prejudicial to the King , is , that all the Evidences here will be foreknown before they come to the main Tryal upon issue by the Petty-Jury ; then if there be not a very great deal of care , these Witnesses may be confronted by raising up Witnesses to prejudice them , as in some cases it has been : Then besides , the Jury do apprehend that in private , they are more free to Examine things in particular for the satisfying their own Consciences , and that without favour or affection ; and we hope we shall do our duty . L. C. J. Look ye , Mr. Papillon , it is reasonable that we should give you our advice in this case : I must tell you , if you had consider'd of what I had said before , I thought I had obviated these Objections : First as to that that you do say , that you are bound ▪ to Conceal your Councels , and the Kings secrets , that is very true ; as to your Councels , that is ▪ your Debates , you are bound to conceal them : As to the Kings secrets , so long as he will have them kept secret , you are bound to keep them so too , but it doth not deprive the King of the benefit of having it publick , if he have a desire for it ; you don't break your Oath , if the King will make it publick ; you don't make it publick , 't is the King does it . Then as to that that you do say , that you apprehend the common usage of the Kingdom to be a Law ; that is true , Mr. Papillon , in some sence ; a constant and uninterrupted usage goes for a Law among us ▪ but I thought I had told you before , that both of ancient and later times there have been Examinations of the Witnesses in Court in Cases of this nature ; and we are not without presidents of it every Year , every Term , continually from time to time , Evidence is heard in Court by the Grand-Jury ; it is as usual a thing with us , as any thing , if it be desired , nothing more frequent , or more common : I never heard it deny'd , or stood upon by any Grand-Jury in my life , till of late here ; you may be instructed with a thousand presidents , for I am sure it is a common and ordinary case upon such occasions , if desired to hear the Evidence in Court. Look ye , Gentlemen , as to that care that you have of the Kings affairs , the King has reason to take it well that you are so careful for them ; and that you are so mindful of his concerns , he hath a great deal of reason to think well of you for it : And , Gentlemen , consider this , that His Majesties Council have certainly considered of this Evidence , before they brought this to a publick Enquiry ; or else it would be a hard thing if they should come raw , and not know what the Witnesses can say ; for though you are the Jury to hear the Witnesses , yet you must consider , that the Kings Council have Examined whether he hath cause to accuse these persons , or not ; and , Gentlemen , they understand very well , that it will be no prejudice to the King to have the Evidence heard openly in Court , or else the King would ne're desire it . Foreman . My Lord , the Gentlemen of the Jury desire that it may be Recorded , that we insisted upon it as our Right ; but if the Court o're rule , we must submit to it . L. C. J. Here are enough persons to take notice of it ; to make Records of such things , is not usual ; it is not our business here to record every thing , that every man will desire to be Recorded : We can Record nothing but what is in Order to the Proceedings , but notice enough is taken of it ; you need not fear but that there will be Witnesses enough . L. C. J. North. Gentlemen , I must say something to fortifie what my Lord Chief Justice has said : If any of us had been of a different opinion , we would have spoken it ; the same thing was stood upon , and discoursed on the last Sessions , and then all the Judges were of this opinion , and in what all the Judges agree to , you should acquiesce . I must tell you from my own experience ; where the King will , he ought to have it kept secret : I have not known it done publi●kly in the orderly course of business ; but I have often known wher●… hath been desir'd by those which Prosecute for the King , that Evidence hath been given openly ; and I never knew it deny'd : If any of my Brothers think otherwise , I desire they would speak ; but , I tell you , as to my experience , this is the case . Mr. Sheriff P. I desire the Witnesses may be kept out of the Court , and called one by one . L. C. J. It is a thing certainly , that the King's Council will not be afraid of doing ; but Sheriffs do not use to move any thing of this nature in Court , and therefore 't is not your Duty , Mr. Sheriff , to meddle with it . Sheriff P. It was my Duty last time , my Lord , and appointed . Mr. Att. Gen. You were acquainted 't was not your Duty last time , and you appear against the King. Then the Indictment was Read. London ss . THE Jurors for our Soveraign Lord the King , upon their Oaths present , that Anthony Earl of Shaftsbury , late of the Parish of St. Martins in the Fields , in the County of Middlesex , as a false Traytor against the most Illustrious , and most Excellent Prince , our Soveraign Lord Charles the Second , by the Grace of God , of England , Scotland , France and Ireland , King , his Natural Lord , the fear of God in his heart not having , nor weighing the Duty of his Allegiance ; but being moved and seduced by the Instigation of the Devil , the Cordial Love , and true , due , and natural Obedience , which true and faithful Subjects of our said Soveraign Lord the King , towards him our said Soveraign Lord the King , should , and of right ought to bear , wholly withdrawing , and with all his strength intending the Peace and common Tranquillity in this Kingdom of England , to disturb , and War and Rebellion against our said Soveraign Lord the King , to stir up and move , and the Government of our said Soveraign Lord the King , within this Kingdom of England , to subvert , and him our said Soveraign Lord the King , from the Title , Honour and Regal Name of the Imperial Crown of his Kingdom of England to Depose and Deprive , and Him our said Soveraign Lord the King to death and final destruction to bring and put , the 18th day of March , in the Three and thirtieth year of the Reign of our Soveraign Lord , Charles the Second , now King of England , and divers other days and times , as well before as afterward , in the Parish of St. Mary Le-Bow , in the Ward of Cheap , London , Trayterously compassed , imagined , and intended the Death and Final Destruction of our said Soveraign Lord the King , and the ancient Government of his Kingdom of England , to change , alter , and wholly to Subvert , and Him our said Soveraign Lord the King , from the Title , Honour , and Kingly Name of his Imperial Crown of this Kingdom of England to Depose and Deprive , and War and Rebellion against our said Soveraign Lord the King , to move and levy within this Kingdom of England ; and his said most wicked Treasons , and Trayterous compasses , imaginations and purposes aforesaid , to fulfill and perfect , he the said Anthony . Earl of Shaftsbury , as a false Traytor , with divers Armed men , Subjects of our said Soveraign Lord the King , then being , maliciously , trayterously and advisedly did provide and prepare to be aiding to him the said Earl of Shaftsbury , to fulfill and perfect his Treasons aforesaid . And his said wicked Treasons , Trayterous compasses , imaginations and purposes , the sooner to fulfill and perfect , he the said Anthony Earl of Shaftsbury , as a false Traytor , with one John Booth , and other Subjects of our said Lord the King , then and there Trayterously assembled , met and consulted ; and the same wicked Treasons , and Trayterous compasses , imaginations and purposes aforesaid , then and there to the said John Booth , and other persons , to the Jury unknown , in the hearing of divers Liege Subjects of our Soveraign Lord the King , then and there present , openly , publickly , maliciously , trayterously and advisedly did say and declare , and to perswade and induce the said John Booth to be aiding and assisting in his said Treasons , Compasses , Imaginations and Purposes , he the said Anthony Earl of Shaftsbury , as a false Traytor , maliciously , advisedly , and trayterously , the said 18th day of March , in the Three and thirtieth year of the Reign of our said Soveraign Lord the King , at the Parish and Ward aforesaid , within the City of London aforesaid , falsly , advisedly , subtilly , maliciously and trayterously said , asserted and declared , That in a short time the Parliament was to sit at Oxford , and that he the said Anthony Earl of Shaftsbury had inspected the Elections , and considered the inclinations and dispositions of the generality of the Members of Parliament Elected ; and that he the said Anthony Earl of Shaftsbury was satisfied that the Parliament would insist upon three Matters , ( to wit ) The Bill of Exclusion against the Duke of York ; the Abolishing the Act of Parliament of the 35th of Queen Elizabeth , and the passing of a New Bill for Vniting Protestant Dissenters ; with divers other good and wholesome Bills . To which he the said Anthony Earl of Shaftsbury was certain that the Kings Majesty would refuse to give his Royal Assent ; and therefore he the said Anthony Earl of Shaftsbury did expect that there would be a Division between the Kings Majesty and the Parliament ; and that many Noble Lords and Worthy Members of the lower House did concur in the same Opinion ; and they were resolved to insist upon the Passing of those Bills : And if the Kings Majesty refused , that they ( meaning him the said Anthony Earl of Shaftsbury , and the said Noble Lords and Worthy Members ) had provided strength to compel the Kings Majesty to Grant thereunto : And that for his part , he the said Anthony Earl of Shaftsbury had provided stout men to be Commanded by Captain Wilkinson , ( meaning one Henry Wilkinson , one of the Subjects of our said now Soveraign Lord the King ) ; of which he the said Anthony Earl of Shaftsbury had agreed that the said John Booth should be one . And further , The Jurors aforesaid upon their Oath do say , That the aforesaid Anthony Earl of Shaftsbury , his said wicked Treasons , and Trayterous Imaginations , to fulfill , perfect , and bring to effect afterwards ; to wit , the said Eighteenth day of March , in the Thirty-third year of his said now Majesties Reign , in the Parish and Ward aforesaid , within the City of London aforesaid , as a false Traytor in the presence and hearing of divers Liege People of our said Soveraign Lord the King , then and there present , openly and publickly , falsly , maliciously , advisedly and traiterously said , asserted , published , and with a loud voice declared , That our said now Lord the King was a Man of no Faith , and that there was no trust in him ; and that our said Lord the King deserved to be deposed , as well as Richard the Second , late King of England , deserved . And further , The Jurors aforesaid upon their Oath do say , That the said Anthony Earl of Shaftsbury , his said wicked Treasons , and traiterous Imaginations aforesaid , to be fulfilled and perfected , and brought to effect the said 18th day of March , in the Three and thirtieth year of his said now Majesty's Reign , in the Parish and Ward aforesaid , in the City of London aforesaid , as a false Traytor , in the presence and hearing of divers Liege Subjects of our said Lord the King then and there present , openly and publickly , falsly , maliciously , advisedly , and traiterously said , asserted , published , and with a loud voice declared , That he the said Anthony Earl of Shaftsbury would never desist , until he had brought this Kingdom of England into a Commonwealth without a King , and that the said Anthony Earl of Shaftsbury , and all those that him the said Anthony Earl of Shaftsbury would assist , ( and he knew many that would assist him the said Anthony Earl of Shaftsbury ) would make England a Commonwealth as Holland was : And that he the said Anthony Earl of Shaftsbury , and other Traytors unknown , would live as in Holland , and that he our said Lord the King , and all his Family , should be rooted out . And further , The Jurors aforesaid do say , That the said Anthony Earl of Shaftsbury , his said wicked Treasons , and traiterous Imaginations aforesaid , to be fulfilled , perfected , and brought to effect afterwards , the said 18th day of March , in the Three and thirtieth year of his said now Majesty's Reign , in the Parish and Ward aforesaid , in the City of London aforesaid , as a false Traytor , in the presence and hearing of divers Liege Subjects of our said Soveraign Lord the King then and there present , openly , publickly , falsly , maliciously , advisedly , and traiterously said , asserted , published , and with a loud voice declared , That our now Soveraign Lord the King was a Man of an unfaithful Heart , and not worthy to be trusted , and not fit to Rule and Govern , being false , unjust , and cruel to his People ; and if he would not be governed by his People , that they ( meaning him the said Anthony Earl of Shaftsbury , and other Traytors to the Jurors unknown ) our said Soveraign Lord the King would depose , against his Allegiance and Duty , and against the Peace of our said Soveraign Lord the King , his Crown and Dignity , &c. and against the form of the Statute in such case made and provided , &c. Sir Fr. Withens . Gentlemen of the Jury , This is an Indictment against the Earl of Shaftsbury ; I shall not trouble you to open the Indictment , because the Evidence will be somewhat long , I shall only tell you which way we shall go — L. C. J. North. I do not know whether you desire the Witnesses should be Examin'd apart , do you desire that , Gentlemen ? L. C. J. If you do desire it , Gentlemen , they shall , for Mr. Sheriff hath nothing to do with it ; but if you do desire it , you shall have the Witnesses call'd one at a time , and all the rest shall be put out of the Court. Jury . My Lord , It is our desire . L. C. J. We did deny it to Mr. Sheriff , because we are to keep Men within their Duty . Here it is not his Duty to meddle with any thing of this nature . Foreman . My Lord , We desire we may have a List of their Names , and that they may be put apart , that they may not hear what one another say . Sir Fr. Withens . My Lord , There is one part I would open . L. C. J. There is no need for it at all — You shall have their Names told you as they are call'd . Mr. Harrison . My Lord , We pray we may have a List of their Names . L. C. J. If you desire it , you may have it , but it will be no advantage , for you will hear them named , and you may write them down as they come in . Mr. Godfrey . We desire a List , for you told us , The King's Council had Examin'd them , and knew who they were . L. C. J. I 'le tell you , The Court is to have their Names indorsed , for they don't bring Witnesses in hugger-mugger , and I suppose they are indorsed here . L. C. J. North. It is want of Experience that makes you ask this ; you are told , they are indorsed here . L. C. J. Look you , Sir Samuel Barnardiston , you must have the Indictment it self out with you , and all their Names written upon the back of that Indictment ; but that you should desire to have the Names of them in a Roll beforehand , I do not know , if there be any reason that you can assign for it . Foreman . One thing more I have to say , That we may see the Warrant by which the Earl of Shaftsbury was committed , for there are some other Questions depend upon it . L. C. J. That we cannot do , for the Lieutenant of the Tower hath that Warrant , which he keeps for his Indemnity ; we cannot demand it from him upon any terms : Any thing that you do desire of us , let us know ; what is reasonable , and within our Power , we will grant ; and for other desires of yours , we tell the reason why we cannot grant them . Mr. Papillon . My Lord , if your Lordship pleases , I will only acquaint your Lordship , That the Gentlemen of the Jury do seem to be of Opinion , that your Lordship gives them leave to examine the Witnesses ; and the Jury , because they would not put the Court to too much trouble , do desire , That the Witnesses should come one after another , and make their Information , and then the Jury would withdraw , to consider what proper Questions to ask them , and come down again . L. C. J. You shall do so , Gentlemen . Look you , we did at the request of the last Jury use the same method ; after they had heard the Witnesses what they gave in evidence , they came and desired leave to ask them some Questions , which was granted , and they were call'd one by one , and they did examine them ; you shall do so , Gentlemen . Mr. Att. Gen. I was informed this Morning there were several Questions to be askt of the several Witnesses to direct the Grand-Jury how to demean themselves . L. C. J. Mr. Attorney , the request is reasonable enough . Mr. Harrison . We desire they may be Examined one by one . L. C. J. North. I suppose you don't stand upon it for these Witnesses , they are Clerks of the Council , that only prove a Paper which it seems was found in the Earl of Shaftsbury's house : if you will they may go out and be call'd in again . Harrison . We humbly beg it . Mr. Godfrey . I was Foreman of the Jury at Fitz-Harris's Tryal , and it was complained he had hard measure from some Irish Witnesses , and that it was severe that they should be examin'd in troops : it hath troubled me since that I did not put them out and examine them apart . L. C. J. Look ye , Gentlemen , you that are Witnesses for the King , you must go all out , and come in as you are called , one by one . Which done William Blathwait Esq was produced , and a Paper delivered in . Mr. Sanders to Mr. Blathwait . I pray Sir , give an account how you came by that Paper . W. Blathwait . This Paper Gentlemen was put into my Custody by Mr. Gwyn , Clerk of the Council , who seiz'd it among others in my Lord Shaftsbury's House : he gave me the Key of the Room where they were kept , and it hath been altogether in my Custody , except for a short time that it was delivered to Mr. Secretary Jenkins , by whom it was re-delivered to me . Mr. Gwyn having seiz'd Papers at my Lod Shaftsbury's house brought them to the Council-Office , and put them into one of the Rooms , and lock'd the Door , and deliver'd the Key to me . When I was order'd by the Committee of Examinations , I fetch'd up the Trunks and Papers , and brought them into the Council-Chamber , and the Trunks were opened in the presence of some of the Lords of the Council , and in the presence of Mr. Wilson , who was appointed to attend there on the behalf of my Lord of Shaftsbury , and he was always present when the Papers were taken out of the Trunks and Bags : This was one Paper , and was taken out upon the 6th . of July in the presence of Mr. Wilson , who took particular notice of this Paper , as may appear by his own hand . The Trunk was Sealed , it was a great Trunk , and it was open'd in the presence of Mr. Samuel Wilson and Mr. Starkey , who were both appointed by my Lord of Shaftsbury . L. C. J. Was this Paper found in one of those Trunks or Boxes that was deliver'd to you by Mr. Gwyn ? Mr. Blathwait . This Paper was taken out of a Velvet Bag which Mr. Gwyn had put into the great Trunk , which Trunk was Sealed and opened in the presence of Mr. Wilson and Mr. Starkey . Sir Fr. Withins . Did you find that Paper in the Trunk ? Blaithwait . I took this and others out of the Velvet Bag which was in the great Trunk . L. C. J. Call Mr. Gwyn to give an account where he found these Papers . Look you Gentlemen of the Jury , you hear what his Evidence is , would you ask him any thing while he is here ? Then Mr. Gwyn coming in , L. C. J. Where had you the Trunk you delivered to Mr. Blaithwait ? Gwyn . My Lord , on the second of July by a Warrant from the Secretary I was commanded to go to my Lord Shaftsbury's House to Search his Papers , I did there meet with a great many Papers , and I took a Note how I had parted them , and into what parcels I had put the Papers ; there were several sorts of them in a great Hair Trunk , and there was a Velvet Bag in which I put some Papers that were loose in my Lords Closet above stairs . My Lord Shaftsbury as soon as I came , gave me the Keys , and told me where his Closets were , and said he would Seal them up with his own Seal : I staid for it , but he sent me word by a Gentleman that I might put my own Seal if I pleased : I did put my Seal upon the Trunk , but afterwards being sent another way , I delivered it to this Gentleman Mr. Blaithwait : whether any of the Papers were taken out afterwards I cannot tell . L. C. J. Mr. Gwyn , that your Evidence may be the better understood , tell me , were all the Papers that were in that Velvet Bag in my Lord Shaftsbury's Closet ? Mr. Gwyn . In my Lord Shaftsbury's Closet above-stairs . L. C. J. This you swear ; when you delivered it to Mr. Blaithwait , all the Papers were in that Bag ; was there nothing in that Bag , but what you took in my Lord Shafsbury's Closet ? Gwyn . Nothing , my Lord. L. C. J. Look you Gentlemen , you do observe that this Paper was put into the Bag by Mr. Gwyn , and Mr. Blaithwait Swears he found it in the Bag , and delivered it to Mr. Secretary Jenkins ; therefore if you please Mr. Secretary Jenkins you shall be Sworn whether that Paper was delivered to you by Mr. Blaithwait , because we would clear it as we go , whether that be the Paper was delivered to Mr. Secretary Jenkins by Mr. Blaithwait : I pray Sir , was that the Paper that Mr. Blathwait did deliver into your hands ? Mr. Sec. Jenkins . My Lord this is the Paper , this Paper was delivered into my hands by Mr. Blathwait in the Council-Chamber . I cannot say that this numerical Paper was taken out of the Velvet Bag ; but there were a great many Papers taken out of it , and I having the honor to be at the Examination of the Papers ; this was ordered to be put ( and was put ) into my hands with nine Papers more . L. C. J. Was it out of your hands ? Mr. Sec. Jenkins . It was out of my hands ; for upon Monday last I took out the nine Papers intrusted with me , and this tenth out of my Desk , and caused my Servant to mark them by numbers . Then I Sealed up these Papers and sent them to Mr. Graham , Mr. Graham brought them back again to me without any alteration whatsoever ; then I put this tenth Paper into the hands of Mr. Blathwait again . All the while it was in my hands , it was under Lock and Key , and none of my Servants saw it , but the time it was Numbred ; and no manner of alteration was made in this , or any other of the nine Papers . Lord Chief-Justice . Now it appears this was the Paper taken in my Lord Shaftsbury's Closet . Then this Paper was Read as followeth . WE the Knights , &c. finding to the grief of our Hearts , the Popish Priests and Jesuits , with the Papists and their Adherents and Abettors have for several years last past pursued a most pernicious and hellish Plot , to root out the True Protestant Religion as a pestilent Heresie , to take away the Life of our Gracious King , to subvert our Laws and Liberties , and to set up Arbitrary Power and Popery . And it ▪ being notorious that they have been highly encouraged by the Countenance and Protection given and procured for them by J. D. of Y. and by their Expectations of his Succeeding to the Crown , and that through crafty Popish Councils his Designs have so far prevailed , that he hath created many and great Dependents upon him by his bestowing Offices and Preferments both in Church and State. It appearing also to us , That by his Influence Mercenary Forces have been levied and kept on foot for his secret Designs contrary to our Laws ; the Officers thereof having been named and appointed by him , to the apparent hazard of his Majesties Person , our Religion and Government , if the danger had not been timely foreseen by several Parliaments , and part of those Forces with great difficulty , caused by them to be disbanded at the Kingdoms great Expence : And it being evident , that notwithstanding all the continual endeavours of the Parliament to deliver his Majesty from the Councils , and out of the Power of the said D. yet his Interest in the Ministry of State and others have been so prevalent , that Parliaments have been unreasonably Prorogued and Dissolved when they have been in hot pursuit of the Popish Conspiracies , and ill Ministers of State their Assistants . And that the said D. in order to reduce all into his own power hath procured the Garrisons , the Army and Ammunition , and all the power of the Seas and Soldiery , and Lands belonging to these three Kingdoms to be put into the hands of his Party and their Adherents , even in opposition to the Advice and Order of the last Parliament . And as we considering with heavy Hearts how greatly the Strength , Reputation and Treasure of the Kingdom both at Sea and Land is Wasted and Consumed , and lost by the intricate expensive management of these wicked destructive Designs ; and finding the same Councils after exemplary Justice upon some of the Conspirators , to be still pursued with the utmost devilish Malice , and desire of Revenge ; whereby his Majesty is in continual hazard of being Murdered to make way for the said D.'s Advancement to the Crown , and the whole Kingdom in such case is destitute of all Security of their Religion , Laws , Estates , and Liberty , sad experience in the Case , Queen Mary having proved the wisest Laws to be of little force to keep out Popery and Tyranny under a Popish Prince . We have ▪ therefore endeavoured in a Parliamentary way by a Bill for the purpose to Bar and Exclude the said Duke from the Succession to the Crown , and to Banish him for ever out of these Kingdoms of England and Ireland . But the first means of the King and Kingdoms Safety being utterly rejected , and we left almost in Despair of obtaining any real and effectual security , and knowing our selves to be intrusted to Advise and Act for the preservation of His Majesty and the Kingdom , and being persuaded in our Consciences that the dangers aforesaid are so eminent and pressing , that there ought to be no delay of the best means that are in our power to secure the Kingdom against them . We have thought fit to propose to all true Protestants an Vnion amongst themselves by solemn aad sacred promise of mutual Defence and Assistance in the preservation of the true Protestant Religion , His Majesties Person and Royal State and our Laws , Liberties and Properties , and we hold it our bounden Duty to joyn our selves for the same intent in a Declaration of our Vnited Affections and Resolutions in the Form insuing . I A. B. Do in the presence of God solemnly Promise , Uow , and Protest to maintain and defend to the utmost of my Power , with my Person and Estate , the true Protestant Religion , against Popery and all Popish Superstition , Idolatry , or Innovation , and all those who do or shall endeavour to spread or advance it within this Kingdom . I will also , as far as in me lies , Maintain and Defend His Majesties Royal Person and Estate ; as also the Power and Priviledg of Parliaments , the lawful Rights and Liberties of the Subject against all Incroachments and Usurpation of Arbitrary power whatsoever , and endeavour entirely to Disband all such Mercenary Forces as we have reason to believe were Raised to Advance it ; and are still kept up in and about the City of London , to the great Amazement and Terror of all the good People of the Land. Moreover J. D. of Y. having publickly professed and owned the Popish Religion , and notoriously given Life and Birth to the Damnable and Hellish Plots of the Papists against his Majesties Person , the Protestant Religion , and the Government of this Kingdom ; I will never consent that the said J. D. of Y. or any other , who is or hath been a Papist , or any ways adher'd to the Papists in their wicked Designs , be admitted to the Succession of the Crown of England ; But by all lawful means and by force of Arms , if need so require , according to my Abilities , will oppose him , and endeavour to Subdue , Expel and Destroy him , if he come into England , or the Dominions thereof , and seek by force to set up his pretended Title , and all such as shall Adhere unto him , or raise any War , Tumult , or Sedition for him , or by his Command , as publick Enemies of our Laws , Religion and Country . To this end we and every one of us whose hands are here under-written , do most willingly bind our selves and every one of us unto the other joyntly and severally , in the Bond of one firm and loyal Society or Association , and do promise and vow before God , That with our joynt and particular Forces we will oppose and pursue unto Destruction all such as upon any Title whatsoever shall oppose the Just and Righteous Ends of this Association , and Maintain , Protect and Defend all such as shall enter into it in the just performance of the true intent and meaning of it . And left this just and pious work should be any ways obstructed or hindered for want of Discipline and Conduct , or any evil minded persons under pretence of raising Forces for the service of this Association , should attempt or commit Disorders ; we will follow such Orders as we shall from time to time receive from this present Parliament , whilst it shall be sitting , or the Major part of the Members of both Houses subscribing this Association , when it shall be Prorogued or Dissolved : and obey such Officers as shall by them be set over us in the several Countreys , Cities , and Burroughs , until the next meeting of this or another Parliament ; and will then shew the same Obedience and Submission unto it , and those who shall be of it . Neither will we for any respect of Persons or Causes , or for Fear , or Reward separate our selves from this Association , or fail in the Prosecution thereof during our Lives , upon pain of being by the rest of us prosecuted , and suppressed as Perjur'd Persons , and Publick Enemies to God , the King , and our Native Countrey . To which Pains and Punishments we do voluntarily submit our selves , and everyone of us without benefit of any Colour or Pretence to excuse us . In Witness of all which Premisses to be inviolably kept , we do to this present Writing put our Hands and Seals , and shall be most ready to accept and admit any others hereafter into this Society and Association . Sir Fr. Withins . This Paper is very plausibly penned in the beginning , and goes a great way so , but in the last clause but one , there they come to perfect levying of War ; for they do positively say , they will obey such Officers as either the Parliament or the major part of them , or after the Parliament is dissolved , the major part of those that shall subscribe this Paper shall appoint ; they will obey all such Officers . Foreman . Pray what date is this Paper of ? Sir Fr. Withins . It was after the Bill for the Exclusion of the Duke of York , for it says that way failing , they would do it by force . Foreman . There is no hand to it at all ? Sir Fr. Withins . No , none at all . One thing I had forgot , That they would joyn to destroy the Mercenary Forces about London , which is down-right levying of War against the King and his Guards . Mr. Sanders . The design of it is pretended to oppose Popery and Arbitrary power , and destroy the Papists ; but that doth not seem so much in its self : but when you have heard the Evidence you will hear who were the Papists that were to be destroyed by this Army . John Booth . Jury . He has stood in the face of the Court all this while . L. C. J. When did Mr. Booth come down ? Jury . He was here before we went up , my Lord , and hath been here ever since . L. C. J. Look ye , Gentlemen , they tell you he was carried away , and came down but now . Mr. Booth . No my Lord , I came down but now . Mr. Shepherd . My Lord , we desire a List of their Names , that we might know who is here , and who is not . Mr. Godfrey . This man hath been here all this while , and all the others may be here , for ought that I know . Sir. Fr. Withins . In the first place give an account what discourse you have had with my Lord Shaftsbury . L. C. J. Speak out that the Jury may hear you . Booth . I will speak as loud as I can . In the month of January , about the middle of January last , I was introduc'd into my Lord Shaftsbury's acquaintance by one Captain Henry Wilkinson . I say I was introduc'd into my Lord Shaftsbury's acquaintance by one Captain Henry Wilkinson . This Captain Wilkinson is a Yorkshire Gentleman , he has known me above twenty years , and he and I have had familiar conversation a long while ; so waiting upon my Lord Shaftsbury , our first business that we went about was , Captain Wilkinson did pretend to receive a Commission from my Lord Shaftsbury , and some others of the Lords Proprietors of the Palatinate of Carolina to be their Deputy-Governor ; and he told me the prospect of that Journey was like to be very hopeful , and that his interest was good , and that he could procure me a Commission , and such a number of Acres for quality and quantity as I did desire : and he said he did not design to go over immediately in his own person , but he would send his eldest Son , and his youngest Son , and if he went , he would return again as occasion should serve . I consented to him in all this , and we discours'd it divers times together , and we went to my Lord Shaftsbury on purpose to receive Commissions in order to this purpose . The first time I went there was the Earl of Craven , Peter Colbert , one Archdell a Quaker ; I thought him a Quaker because he kept his Hat on , when the rest of the Lords stood bare in civility to him . We discours'd the thing about Carolina . After this , and before , Captain Wilkinson and I had several discourses about the juncture of Affairs in these times , tho I knew him to be an old Royallist , and one that served his Majesty and his late Father very much in the Wars ; yet being under great disappointments of Preferments at Court , and missing the Reward he expected from the King , his heart was turned another way , and he had repented himself of those Services he had done for the King , and was become a man of another Opinion ; and there was some inducements upon me that I was inclin'd to the same opinion : so he express'd himself to my Lord , and so from one thing to another we went on in discourse , and related the several Parliaments , and the Proroguing them , and the Disappointments of the People , and the fear of Popery and Arbitrary Power : and this was not done once , nor twice , nor ten times ; for I cannot enumerate them , for we kept a continual Club , and convers'd together familiarly near three quarters of a year . After this first acquaintance with my Lord Shaftsbury at his house , I did frequently go with Captain Wilkinson , and between Christmass and March four or five times : and I observed this , that when we came to my Lord Shaftsbury's they were cautious in our accession : In the first place it was to be known by some of the Servants , who he was in company with : And in the second place the names were sent up , who they were , that were to speak with him : Sometimes we had an Alehouse at the Bell in the same Street : ( I forget the name of the Street ) we staid at the Alehouse till we had a sit time , Captain Wilkinson had acquaintance with his Porter and his Gentleman of his Chamber : and so we often discours'd . And from the concerns of Carolina we fell to matters more publick concerning the State. I remember he would use to inveigh sharply against the times , and look upon himself as not so valued , nor so respected , nor in those places and dignities as he expected he should be , and seem'd to be discontented , and he did fear that Popery would be introduced , and Arbitrary Power : and when Parliament-men were to be Elected , there came every week news , bringing particulars of such Boroughs and Counties as had made particular Elections for Members for Parliament ; whether Knights , Citizens , or Burgesses : And he would often consider that Parliament that was to sit at Oxford , what they were as to their Inclinations and Dispositions : and he said , they would iusist upon the same things the other Parliaments before had done . Particularly he said the Parliament would never grant the King any assistance of Money , nor satisfie him in those things that he desired , unless he gave the people first satisfaction in those things that they insisted on before , and he believed would insist upon after ; and particularly the Bill of Excluding the Duke of York from the Crown : another was the abolishing the Statute of the 35th . of Elizabeth : and the third was giving his Royal Assent for the Passing a new Bill whereby all Dissenting Protestants , Nonconformists , or what you will term them , should be freed from those Penalties and Ecclesiastick Punishments that they are subject to by the present Establisht Law : and he said , if these and some other wholesome Laws and Bills were past by the Royal Assent of the King , he believed that when the people had received this Security and Satisfaction , that they would be very willing to grant the King such accommodations of Money by way of Assessment , or so , as his necessary occasions should also require : but without this he believed , there would be a breach between the King and the Parliament , and that they had order'd the Parliament should meet at Oxford , and not at this Metropolis at London , where they might go on without fear of being over-awed : that this was an intention to awe the Parliament . But he said , himself and divers Noble Lords , and Members of the House of Commons had considered themselves and their own safety , and that they judg'd it dangerous to go to Oxford , where they were sure the Guards , the Retinue of the Court , and the Assistance of the Scholars ( which usually incline to the Crown ) might so over-awe the Parliament , that they might not so freely proceed in a way for the publick Good as they intended ; and therefore he and others had consider'd with themselves , that it were fit for them to have Guards and send them thither ; and to this purpose he had establisht a matter of fifty men , persons of Quality , that he believed would have men along with them ; and he intrusted Captain Henry Wilkinson with the Command of these men , and they were to come to Oxford at such a time , and if there were any breach between the King and the Parliament , or any Violence offer'd to any of these Members by the Guards , or Retinue of the Court , that then these men with others that other Lords had provided , should repel his Force , by greater Force , and should purge the Guards of all the Papists and Tories , and such as were against the Protestant Religion , and the Establisht Laws of the Land ; and likewise these men should be ready to assist himself , and those other persons in his Confederacy , to purge from the King those Evil Counsellors which were about him : particularly there were named , the Earl of Worcester , my Lord Clarendon , my Lord Hallifax , my Lord Feversham , and Mr. Hide , now Lord Viscount Hide ; and these persons were look'd upon to be dangerous , and gave the King evil Advice , and made him continue so very deaf to what the Parliament urg'd him to ; and therefore they said they would not only purge the Guards , and repel that Force by a greater Force , but also take those Lords by Violence from the King , and bring the King to London , to the chief Metropolitan City , where those things should be establisht , which they design'd for their safety in these two respects , for the preserving the Protestant Religion , and likewise for the keeping and defending us safe from Arbitrary Power and Government . Upon this Captain Wilkinson did desire me that I would be one of those under his Command : this I did consent to . And he requested me further , that I would provide for my self Horse and Arms ; and likewise Arms for my man , and he would provide me a Horse for my Man. I did accordingly provide Arms for my self , and a good Stone-Horse for my self , and Arms for my Man before the Parliament did sit at Oxford . I think the 23d . of March , I do not punctually remember the day , and when the Parliament was set , we enquir'd and heard how things went on , and found that it was as my Lord Shaftsbury had predicted , that the Parliament did insist upon those very things that he told they would do , but never believ'd or imagin'd they would be so soon dissolv'd . Upon Thursday before the Parliament was dissolv'd , Captain Wilkinson told me he expected that very Week to have a Summons to go up to Oxford with those men that were listed with him ; but then Saturdays news came of the Dissolution of the Parliament , and therefore it took no further effect . The whole matter , the main design was this , That my Lord Shaftsbury should have so many men to attend him there for the security of his person , and likewise to repel the force of the Kings Guards , or any other persons that followed the King ; and also to remove from him those five Lords and bring the King back to London , to Establish those Laws that I have mention'd . Sir Francis Withins . Pray what time did you discover this ? Booth . About six weeks ago . Sir Francis Withins . Had you any discourse with the Earl of Shaftsbury after Captain Wilkinson spoke with you , or before the sitting of the Parliament . Booth . I said before that the first motion of these fifty men that were to be my Lord Shaftsbury's Guard came from Captain Wilkinson ; but after this when I went with Captain Wilkinson to my Lord Shaftsbury , the same thing was discoursed there . The last time I was with my Lord Shaftsbury was about a week before he went to Oxford , about ten days before the Parliament set , or a week , and then I heard the same discourse from my Lord Shaftsbury's own mouth . Sir Fr. Withins . Had you any other discourse with my Lord Shaftsbury ? Booth . I say I made three or four Visits between Christmass and March , and we had discourse every time particularly about the Kings person , and if the King did refuse these motions , that then these men were to be taken from him , and he repell'd with a greater force , and be brought to it by force . Sir Fr. Withins . Did you ever make any solicitation to any to make this Discovery ? Booth . Thus far I did , and I will tell you the whole matter in that point ; there was one Walter Banes an acquaintance of mine , and I found that he had at Wilkinson's request engaged himself in some business that one Brownrig an Attorney in Yorkshire had writ to him about , concerning some men that were to Swear against my Lord Shaftsbury . I asked Mr. Banes what men these were , he said , he thought they were Irish-men . I said , I don't know what Conversation in that nature my Lord Shaftsbury might have with Irish-men , for I know none of them ; but I am satisfied that he had Conversation tending to these ends that you speak of with some English-men , and that I know . This Mr. Banes did take particular notice of , and he was very frequently upon me to tell him what the matter was , and I gave him some intimation of it . Truly 't was very much upon my spirit , and I could not tell whether I was able to carry it through or not , or had better to let it alone as it was in silence : but discoursing still more with him , and at the result of that discourse we had by degrees , I did give him some intimation of it . And after that upon second thoughts I took a resolution to discover it : and when I did discover it , I do here in the presence of God declare , that no mortal did know any thing of what I had to say , in reference to the King ; nor did I make any more applications in the world , but took Pen , Ink , and Paper , and writ it down , and sealed it under a Cover and sent it to the Council . Sir Fr. Withins . Gentlemen of the Jury , would you ask him any Questions ? Mr. Papillon . The Jury told your Lordship before , that after all had been examin'd they would consider what Questions . L. C. J. Where would you have these Witnesses that have been examined to stand ? Mr. Papillon . We leave it to the Sheriffs to appoint a place for them . Lord Chief Justice . To keep them apart it 's utterly impossible , for we must have as many Rooms then as there are Witnesses . Jury . Let one man keep with them . L. C. J. Empty that place where they were the last time , and let them stand there . Edward Turberville . Sir Francis Withins . Mr. Turberville , have you had any discourse with my Lord Shaftsbury ? Turberville . Yes several times . In February last , I am not positive in the time , but about the beginning of the Month , I waited upon my Lord Shaftsbury , about some moneys . I waited upon him to have his Advice how I might come by 't , and to gain my Lord Shaftsbury's Letter in my behalf to the President of the Council to stand my friend ; and he said there was little good to be had from the King , as long as his Guards were about him ; for were it not for his Guards , we would quickly go down to Whitehal and obtain what terms we thought fit . Said I , my Lord , I suppose his Guards can't defend him from the whole Kingdom . His Lordship said , That the Rabble were all of that side , especially the People about Wapping , and Aldersgate-street ; and the Rich men of the City would Vote for Elections ; but they could not expect they should stand by them in case there should be any Disturbance , for they valued their Riches more than their Cause . And at Oxford I heard my Lord say again , He wonder'd the people of England should stickle so much about Religion , and that if he were to choose a Religion , he would have one that should comply with what was apt to carry on their Cause . Mr. Sanders . Had you any other discourse with him at any other time ? Master Turberville . I told you all that is material that I can say to it . John Smith . Mr. Smith . My Lord , I only beg a word or two from your Lordship of some reflections cast upon me . L. C. J. Go to your Evidence . Mr. Smith . My Lord , this is something to my Evidence . L. C. J. You may take another time for that . Mr. Smith . My Lord , it hath been reported about in Coffee-houses and Taverns , that I should Swear there was a general Design against his Majesty ; and that I Swore it before the King and Secretary of State ; and that I also Swore it at the Tryal of Mr. College and Mr. Rowse : I take it upon my Oath I never Swore any such thing , neither can I Swear there was a General Design by the City , or the Parliament against the King. Lord Chief Justice . Speak what discourse you have had with my Lord Shaftsbury . Mr. Smith . My Lord , I suppose it is past all doubt , that I have been very often with my Lord Shaftsbury ; and I have often in his discourse observed that he spake very irreverently and slightly of the King ; sometimes saying he was a Weak man , and sometimes saying he was an Inconstant man ; a Man of no firm or settled Resolution ; and a Man that was easily led by the Nose , as his Father was before him , by a Popish Queen , which was the Ruine of his Father : This was both in publick and in private . I have also observed sometimes in his discourse , something that he mention'd of the Earl of Essex ; and that the King should declare , That the Earl of Shaftsbury was not satisfied to be an ill man himself , but got over the Earl of Essex too : This the Earl of Shaftsbury declar'd publickly in his own house . Another story was of the Rebellion of Scotland , That the King should say that the Earl of Shaftsbury was the chief Promoter of that Rebellion ; and when this was told my Lord Shaftsbury , that he should send word back again to the King , I am glad ( says he ) that the King sees not his own Danger , nor what he runs himself into : and pray tell him , that , if I were to raise a Rebellion , I could raise anotherguess Rebellion than the Rebellion was in Scotland . But now as to the particular points I am to charge him with , I remember my Lord , that my Lord Shaftsbury sent for me one time , and that by one Manly ; sometimes they call him Major Manly , sometimes Captain Manly ; and this man found me at Mr. Bethel's Club in Newgate-street at the Queens Arms ; and there he told me my Lord Shaftsbury would speak with me that night . I immediately left the Club , and went to my Lord Shaftsbury's ; and I was introduc'd into the Dining Room , where there were two Gentlemen in discourse with my Lord ; and as soon as he saw me , he askt me how I did : I told him I was very well , and came in obedience to his Lordships Command to wait upon him ; for Major Manly told me your Lordship had a mind to speak with me : he said he had . Soon afterward , these two Gentlemen went away . Upon this my Lord turns about , Mr. Smith , said he , Mr. Hetherington was with me this morning , and told me he was afraid that the Irish Witnesses would go over to the Court Party , and retract what they had said formerly . My Lord , says I , I know no person can better and with more ease , hinder that than your Lordship , by procuring some small Allowance for them ; for they complain much of Poverty . Says he , Master Hetherington has the charge of them , and hath a special care of them , and I believe they don't want . My Lord , says I , I know nothing of that , he knows what provision he hath made for them . This is the thing , said my Lord , that I would have you do , they stand in great awe of you , and you must persuade them from going nigh that Rogue Fitz-Gerrald , that great Villain , that is pamper'd up , and maintain'd by the King and the Court Party , to stifle the Plot in Ireland . My Lord , says 〈◊〉 do you think the King would be at such vast charges for to bring over Witnesses , and at last maintain men to stifle this Plot , for that is the way to stifle the Plot in England too , as well as that . Sayes he , what is this Frequent Dissolutions and Prorogations of Parliaments for , but to stifle the Plot here , and to hinder the Lords in the Tower to come to a Tryal ? This is a strange thing my Lord , said I , when he gave Dr. Oats , Mr. Bedlow and Mr. Dugdale such large allowances to prosecute this Plot. Sayes my Lord , that is nothing , that may hold for a year or two , he may take it off when he will , but the chief means are put by whereby we might find out the depth of this Plot , and if Mr. Dugdale and Dr. Oates be knock't on the head , then where is this Plot ? then there will come an Act of Oblivion for them , and all things will be well as they were before . My Lord , said I , this is very strange to me . I can give you instance of it , sayes he , when I was lately in the Tower , I told some I saw Popery coming in , and that it was hard to prevent it . I am sorry to hear it , said I , but what would you have me do with these Irish Witnesses ? Say's he , perswade them not to go near White-hall , nor this Fitzgerrald . And , said he , one thing more , I would have you mind , Mr. Smith , that if the King were not as well satisfied with the coming in of Popery as ever the D. of York was , do you think the D. of York would be so much concern'd in the bringing in of Popery as he is ? I am sorry for it , my Lord if it be so , After this I parted with my Lord Shaftsbury , with full instructions from him to those Irish Witnesses . I met Mr. Hetherington the next morning , and I told him that I was with my Lord Shaftsbury : sayes he , I know your business and would have you meet us at the Sun Tavern in the Afternoon . My Lord , I went according to the time appointed , and met him at the Sun Tavern between 6 , or 7 , or 8 of the Clock , as near as I can remember . When I came to them I began to open those great and horrid Crimes that I heard Mr. Fitzgerrald accused of , That he was a man came to discover a Plot , and disowned it here , and retracted all he had said . I told them what a Crime this was . In short , my Lord , they promised never to go near the man. I parted that night and came to my Lodging , and the next morning Mr. Hetherington and one Mr. Bernard Dennis came to my Lodging and told me , That this Bernard Dennis , was ready to give in Information against Fitzgerrald , that he had tamper'd with him to forswear all he had sworn before . I went presently with Mr. Hetherington and Mr. Dennis to my Lord Major , who was then Sir Patience Ward ; after we had told the business to Sir Patience Ward , Sir Patience ask't this Dennis if there were any other persons present . Yes , sayes he , there was . Sayes Sir Patience , you are upon your Oath , if you know not the Nature of an Oath , I will tell you . The Information was drawn up ; the Copy of this Information I carry'd to my Lord Shaftsbury and shew'd it him , he read it , and was very well pleas'd with it , and said , Mr. Smith , don't you see the Villany of that man and that factious Party , and that the King runs the same Steps as his Father did before him , how can any thing of this Nature be done without the King and the Court pamper'd him up ? My Lord , said I , I think now the thing is clear . I , sayes he , these are the very same Steps that his Father followed when he was led by his Popish Queen , and the poor man doth not see his Danger . I parted from my Lord , and came , and gave an account of this very discourse to the Club in Newgatestreet , and they were glad of it , and I told what my Lord Shaftsbury said , That the King would never be quiet till he came to his Fathers end , he follow'd the same steps . Another thing that I have observ'd particularly before the Parliament went to Oxford , I went to see him , and wee fell into some discourse , and my Lord said there was great preparations made , and a great many gather'd together upon the Road between London and Oxford . My Lord , said I , what is the meaning of that ? Any body may see , say's he , that is only to terrifie the Parliament to comply with the King's desire , which I am sure the Parliament never will , for we are as resolute now as ever ; and more resolute , for we see clearly what the King Aims at , and that is to bring in Popery . Which I told several years ago , and when I was last in the Tower ; but , sayes he , we have this advantage of him , if he offer any Violence to us , ( For we expect it , ) that we have the Nation for us , and we may lawfully oppose him , and he will meet with a very strong opposition ; for all that come out of the Countrey , shall be well Hors'd and well Arm'd , and so we shall be all , and here is the City which now has a question in Debate among them , whether they shall bear the charge of their own Members or no , but they are willing to do it , and send so many men to wait on them , and if we oppose the King , as we may do , for it hath been done in former times , the whole Nation is to stand by us , and as I said when I was in the Tower , I would dye , before I would ever bring in Popery or any thing of that Nature . Jury . Repeat that again . Smith . He said ▪ that the King , if he offer'd any Violence at Oxford to the Parliament , he would meet with a strong opposition , and that the Gentlemen that came out of the Country were well provided with Horse , Arms , and Men , to oppose him , and that they might lawfully do it if the King offered any Violence to them whilst they sat , and that the Nation stood by them , and that they did represent the Nation ▪ and that for his part he and all his Friends would do it to the utmost of their Power , and , as Old as he was , he would be one that would oppose it to his power . My Lord , said I , we can expect nothing but Confusion , from this Parliament in this Nature , for then we shall be involved in another Civil-War , nothing else can put an end to our Miseries , or make this Nation a settled Nation , but a Civil-War . Then my Lord said I , by this means wee shall make an end of Monarchy , or else inslave the Nation to Popery for ever . No doubt of one say's he , but we are sure of one ▪ for the Nation is of our side , and the City you know how they are , and where ever they Strike , I am sure the Nation will , and this I 'le stand and dye by . This is the substance of what I have to say against my Lord Shaftsbury , and upon the Oath I have taken , I am sure I have not added a Word . One Word more I have to say , 'T is reported I have been hired and Suborn'd , I do admire why this City of London , where there are as worthy men , and as great Lovers of the King and Government as any in the World , should say any such thing ; I was never Suborn'd by them , nor never took a farthing of their money , nor never took a farthing of the King in my life . L. C. J. Who supposes it ? Mr. Smith . 'T is in print , my Lord , 't was in the Book that came out last night , it is suppos'd , my Lord , for it is in print . L. C. J. I had reason to expect that there was no such objection . Brian Haines . Mr. Sanders . Give your knowledge of what discourse you have heard concerning my Lord Shaftsbury . Mr. Haines . Sir , I have heard him Villifie the King very often , and he told me about the Narrative that I made about Sir Edmond-Bury Godfrey's death , Mr. Ivey and I went to him one day and he spoke to me of it , and I desired him not to expose my person to the King's Anger , for I was sure he would never grant a pardon to any man that impeached the Earl of Danby . Say's he , Do not fear , if he doth not grant you a pardon , he makes himself the Author of the Plot ; and ▪ say's he , the Earl of Essex ; my Lord Maxfield and I , wee do all resolve if you put in writing , we will go to the King , and beg a pardon of his Majesty for you , and if he doth not grant it , we will raise the whole Kingdom against him ; for , say's he , he must not expect to live peaceably in his Throne , if he doth not grant it . For he makes himself author of the Plot. My Lord , said I , he hath dissolved so many Parliaments for the sake of the Earl of Danby , and prorogued so many Parliaments , therefore he will never grant me this Pardon . Say's he , doe not fear , 't is the best pretence we can have in the world , and if you will but put in writing , and let me read it , that I may give my opinion of it , the work is done ; and if he doth not do it , we are prepar'd to raise Arms against him . I was with him another time after I made this Narrative , and he told me the two Mr. Godfrey's were with the King at Windsor , and begged a pardon of his Majesty for me , but the King would not grant it , but if he be an honest man , let him lye at my mercy , let him come in and declare what he knows . Said I , I would not have your Lordship expose my cause in these day's . This is the best time for it in the world , say's he , if he doth not do it , he can't expect to be long King of England . Pray my Lord said I , what shall I do in the mean time ? I will go beyond ▪ Sea , said I. No , sayes he , don't leave the Kingdom , he dares as well be hang'd as meddle with you . I desir'd him a second time not to expose me to the King's fury , and I prayed him to help me to a little money to go beyond Sea , for I was sure I could not be safe in England . Sayes he , Have a care of your self ; but , sayes he , he dares as well be hang'd as meddle with you . Then I was in close conference with him one day , and I gave him so exact an account of all Transactions from King Charles the First 's Reign , the commencement or coming to the Crown to this very day , that he was mightily satisfied , finding by me that I was a Traveller , he was mightily pleased , and free with me . Pray my Lord , what Model do you take , or intend to do ? Sayes he , Do you not think but there are Families in England , that have as great pretences to the Crown as the King ? Sayes he , there is the Duke of Bucks in the right of his Mother , she was descended from Edward , one of the Edwards , and in her Right he claimes the Barony of Ross , he hath as great a Right to the Crown of England , as ever any Stewart of them all . Jury . Speak that again . Mr. Haines . I was in Conference with my Lord Shaftsbury one day , and I gave him an exact account of all Transactions , and I asked what they did intend to do with the Government , if they pull'd the King down . Sayes he , Do you think there are no Families in England , that have as much pretence to the Crown as any of the Stewarts ? I know none my Lord , sayes he , there is the Duke of Bucks that is descended of the Family of the Plantagenets ; he named some of the Edwards , and in her right he should have the Barony of Ross , and in her Right he has as good a Title to the Crown of England as ever any Stewart had . John Macnamarra Sworn . Sir Francis Withins . Pray give an account to the Jury of what discourse you have had with my Lord Shaftsbury . John Macnamarra . My Lord , I was with my Lord Shaftsbury a little before he went to Oxford , before the Parliament sat there , and my Lord told me at that time , that he would take care , together with those that were with him at Oxford , for the Witnesses that were concerned in the Popish Plot. Mr. Harrison . Speak out pray Sir. John Macnamarra . My Lord told me he would take care , with those that were with him , for the Witnesses that were concern'd in the Popish Plot ; after my Lord went to Oxford , I writ him a Letter , giving his Lordship to understand , That whereas his Lordship was pleased to promise , that he would take care of the Witnesses , that he would be pleased to take care of me , as well as the rest of the Witnesses ; after my Lord came home from Oxford , I went to him , to see what was done . His Lordship was pleased to express himself and say , That the King was Popishly affected and did adhere to Popery , and that he took the same methods that his Father before him took , which brought his Father's Head to the block , and we will also bring his thither ; and told me also , That he told some Persons of Quality that this would fall out Five years before ; at the same time my Lord told me , That there was a Collection of Money made , and that the meeting was at the Sun Tavern , and that there came a Tory Lord in to hinder their proceedings , but sayes he , we do remove to Iron-monger-Lane , and sayes he , you shall hear further in a fortnight . I came to my Lord a fortnight afterwards , and his Lordship was pleased to tell me , that there was provision made for the Witnesses , and that it was in the hand of one Mr. Rowse that was Servant to Sir Thomas Player ; there was one Mr. Ivey , and I think my Brother was by too , when his Lordship spake these words ; he said that the King was a Faithlessman , that there was no Credit to be given to him , and that the Dutchess of Mazarine was his Cabinet Council , who was the worst of Woman-kind . This is all that I have to say , my Lord. Sir Francis Withins . Do you remember nothing at any other time ? John Macnamarra . No. Sir Francis Withins . Did you hear any thing about deposing the King ? John Macnamarra . Yes , he did at the same time say , the King deserved to be deposed as much as ever King Richard the Second did . Dennis Macnamarra . Mr. Sanders . Tell these Gentlemen whether you have had any discourse with the Earl of Shaftsbury . Dennis Macnamarra . He said , my Lord , that the King was a man that ought not to be believed , and there was no belief in him , and that he ought to be deposed as well as King Richard the Second , and that the Dutchess of Mazarine was one of his Cabinet Council , and that he did nothing but by her Advice . Sir Francis Withins . Begin again . L. C. J. Raise your voice a little , for the Jury don't hear you . Dennis Macnamarra . That the King is a man that ought not to be believed , that there was no belief in him , and that he ought to be deposed as well as King Richard the 2d . and that the Dutchess of Mazarine was his Cabinet Council , and that he did nothing but by her consent . L. C. J. Who was with you at that time ? Dennis Macnamarra . There was Mr. Ivey , and my Brother at his own House . L. C. J. When was this ? Dennis Macnamarra . 'T was at the latter end of March or the beginning of April . Sir Francis Withins . You say Mr. Ivey was by at the same time ? Dennis Macnamarra . Yes . Sir Francis Withins . Call Mr. Ivey . Jury . What place was it in ? D. Macnamarra . In his own house . Edward Ivey sworn . Mr. Ivey . My Lord , soon after the Parliament was dissolv'd at Oxford , I was at my Lord Shaftsbury's house , where he was speaking against the King , and said , that he was an unjust man , and unfit to Reign , and that he was a Papist in his heart , and would introduce Popery . Jury . Say that again . Mr. Ivey . I tell you I was at my Lord Shaftsbury's house , where he was then speaking against the King , saying that he was altogether unjust and not fit to Reign , and he wonder'd he did not take example by his Father before him . and did really believe that he was a Papist in his heart , and intended to introduce Popery . I was sometime after with him and I told him one Haines had told me he had something to discover about the death of Sir Edmond-bury Godfrey and several other things , and my Lord desired to see him , and I brought Mr. Haines to his house , and he desired him that what he had to say he would put in Writing , and he should have a Pardon , and that if the King did deny it , as he dares not deny it , but if he does , we will rise upon him and force him ? Sir Francis Withins . Had you any other discourse , at other times ? Mr Ivey . Yes , I had other discourse but not to this purpose . Sir Francis Withins . Was you frequently with him ? Mr. Ivey , I was frequently with him ; he desir'd at the time I was with him to bid Colledge to come to him , and I went and came again to Haines with instructions how to proceed , and I took his examination of him , and carry'd it to my Lord , and he desired it might be explain'd what he meant by the Tall Black-Man , and says he , if he does mean the King , he must explain himself , and speak of the King , or the Duke of York or the rest , and if he does , we will take care of him as long as he lives , but unless he does we will do nothing for him , and I was with him with my Lord Shaftsbury , and my Lord Shaftsbury did exclaim against the King. Sir Francis Withins . What words did he speak ? Mr. Ivey . He said he was altogether an unjustMan and not fit to Reign , and that he believed he was a Papist in his heart , and design'd to Introduce Popery , and therefore they design'd to depose him , and set up another in his stead ? Sir Francis Withins . Do you remember any discourse of Richard the Second , at that time ? Mr. Ivey , No Sir , I do not remember any thing of it . Bernard Dennis Sworn . Sir Francis Withins . Pray tell the Jury what discourse you had with the Earl of Shaftsbury at any time , and what it was . B. Dennis . My Lord , I came upon a design to make cleer the Plot in General , as far as I have travell'd , as in Ireland , France , Spain , Maryland , Virginia and England , and upon that account I was brought before a Justice of the Peace , in Westminster in November last , this time 12 month , and Examin'd before Justice Walcup , a Justice of the Peace , and from thence to the Committee of the House of Commons , of whom Collonel Birch ( I believe he is here ) was Chair-man , and gave in my Evidence , and being called upon at the Tryal of the Earl of Stafford , I was commended as I suppose to the Earl of Shaftsbury , and upon the Account he sent me word of it , by William Hetherington , who was then very intimate with the Earl of Shaftsbury to my knowledge ; and William Hetherington came to me several times , and he precisely was my maintainer at that time ▪ that is , to find me what ever I wanted , and provide me my Lodging , and carry me to some place where accommodation might be more better for me . Upon this account one time the Earl of Shaftsbury sent to me , desiring that I would wait upon him at his own house . I came to him , and there in the Gallery of his own house , walking very slowly he told me , what I gave in of the Plot in general was very good and sufficient , but as to the Queen and the Duke of York , that I should speak more home and positive against them , at least that I might be a corroboration to others in what they Swore against them ; This was all at that present time , that the Earl of Shaftsbury spake to me , and he desired me to go home to his Lodgings . With that I went home , and within a Month it may be , or thereabouts , he sent for me again , by the same William Hetherington , and William Hetherington told me , that the Earl of Shaftsbury would speak with me . So I came and Waited upon his Lordship at his own House , and say's he , Mr. Dennis I understand that you are a Clergy man. Yes my Lord , said I. And say's he , I would advise you to take a black gown , and I will preferr you to a Benefice , till such time as this business is over ; and , says he , at the end of this business I will not fail to preferr you to a better , and in the mean time I would advise you to take a black gown ; and this was a little , as I remember , after the Parliament was Dissolv'd at Oxford ; and he sent a Gentleman out of his own House along with me , to a Doctor of Divinity living hard by Lincolns-Inn Fields , Dr. Burnet by Name , as I remember , and the Gentleman acquainted the Doctor what I was , and about what occasion I came there ; so the Doctor indeed discoursed with me very familiarly , and rend'red thanks to the Earl for me into his conversation rather then another's . What discourse we had then was nothing to the matter , it was about matters of Conscience , and Religion . But Mr. Colledge that was the Joyner here in Town , and Executed afterwards , being familiar with me brought me to one Mr. Ferguson a Minister , as I suppose of the Presbyterian form , for he goes in their garb as near as I can tell , and Mr. Ferguson at our first meeting was in Richard's ▪ Coffee-House , in an upper room one pair of stairs , and in some company ; and Colledge going to him brought him aside , and spake to him concerning me , and he came to me apart , and discours'd with me ; from whence he brought me to a Bookseller's Shop . and bought for me the Articles of the Church of England , and in all these discourses there was a hand , as Colledge told me , of the Earl of Shaftsbury who did procure him , and sent to Dr. Burnet to bring me that way . I do not deny neither , that I had an inclination before I left Ireland , and when I was in Spain , and when I was in France for to become a Protestant , according to the Laws and Rules of the Church of England . The force of what I have to say is this , The Earl of Shaftsbury one day after all these things were past , and after the Parliament were dissolved at Oxford , discoursing with me in his own House , Major Manley being in the same Room then , who lives beyond Tower-hill , he asked me what was the present occasion I came to him there , and it was pretty early in the Morning , and the Earl had a Barber to trim him in his Room . I told him my occasion was then , That I was something low in Money , that I did a little want money at that time , and did not know to whom to speak for any thing but his Lordship , and said I came to tell you so . Well , say'd he , Mr. Dennis I have appointed Mr. Rouse , John Rouse whom you know , for to give you and maintain you in money ; go to him especially once a week , and he will give you money . And , said he , Mr. Dennis , what is the Number of your name in the Country as near as you can tell , how many are you ? My Lord , said I , to tell you exactly what number they be of , I cannot at present , but within a little time , I may tell you . I believe really there may be upon the matter 3 or 400 able men of my Name , in the County where I was born . Say's the Earl of Shaftsbury , Mr. Dennis , I would very willingly have you to advise those of your name , and those of your Friends for to be in a readiness , when ever occasion shall serve , and to stand by , if occasion should be , for to assist the Commonwealth of England ; for we do really intend to have England under a Common-wealth and no Crown ; and , say's he , we intend to live as we see Holland does , that is , to have a Commonwealth , and to have no Supream head , particular man , say's he , or King ; nor owe Obedience to a Crown ; and , say's he , we will extirpate the King , and all his Family as near as he can ; and Mr. Dennis , say's he , I do admire that your Nation should be such Fools as they are , for it is very certain that King James , Queen Elizabeth , King Charles the First , say's he , and the King that now is , does wrong you to very destruction ; and , say's he , if you had been under a Common-wealth , the Common-wealth would take more pitty of your Nation , and the Gentry of your Nation , then any doe of them now , in this time wherein the King Governs , and upon this I doe count the Irish fools . This is all that I can say . L. C. J. The King's Council declare they will call no more Witnesses , for they think they have called enough already , and there are several of them that doe swear Words that are treasonable in themselves , if you do desire to ask any of the Witnesses any thing , you shall have them all call'd one by one . Fore-man . My Lord , we will walk up again , and Consider what Questions to ask ▪ and come again presently . Mr. Papillon . It seems they will call no more Witnesses then these . L. C. J. Not against the Earl of Shaftsbury , being you are charg'd only with that . Mr. Papillon . It is so my Lord , but we pray we may be satisfyed upon the Statute the Indictment is grounded , because we may hear it read before we go up , because your Lordship speak's of two different Statutes , the 25th . of Edward , and you mention the Statute of the 13th . of this King ; your Lordship in your discourse to the Jury mentioned them both , we pray your Lordship to acquaint us upon what Statute it is grounded , whether upon both or one of them . L. C. J. Look ye Gentlemen , this is grounded upon the Statute of this King , though there is enough to find an Indictment of Treason upon the Statute of the 25th of Edward the Third ; that which is Treason within the Statute of the 25th of Edward the Third , is Treason within this Statute , so this is the more Copious Statute ; for as I told you before , this Statute has enlarged that of Edward the Third in a great many Particulars ; and therefore look ye Gentlemen , always consider this , when one Statute contains the Matter of another , and inlarges it , the Indictment is always upon the last Statute , that being the more Copious Statute : But you are to Consider both . L. C. J. Nor. The Indictment is Contra formam Statut ' . and it being Contra formam Statut ' . it may be understood , Statutorum or Statuti , so that all Statutes that may be the Foundation of this Indictment you may go upon . Jury . We desire to know whether any of these Witnesses stand indicted or no. L. C. J. Look ye , Gentlemen , don't talk of this , but consider with your selves , an Examination or Proofs concerning the Credibility of the Witnesses is not properly before you at this time ; for I must tell you , and inform you as to that , you are not to Examine properly here concerning the Credibility of the Witnesses , that is not to be proved or controverted here before you , that is Matter , upon a Trial by the Petty Jury , for there the King will be heard for to defend the Credit of his Witnesses , if there be any thing that can be objected against them ; it is proper for the Prisoner to do that , you are only to see whether the Statute be satisfied , in having Matter that is Treasonable , and having it witnessed by two Men , by two Witnesses , who are intended prima facie Credible , unless you of your own knowledge know the contrary ; for otherwise , you must consider what a disadvantage this would be in all such Cases , if the Credibility of the Witnesses should be examined before the Grand Jury , where the King is not present , nor in a possibility of defending the Credit of his Witnesses ; the Prisoner or the Party Indicted is not here ; that is a proper Objection when he comes upon his Trial ; for all men are intended Credible , till there are Objections against them , and till their Credits come to be examined on one side and the other . Mr. Papillon . My Lord , if your Lordship thinks good , I will beg this , I desire your Lordships pardon , whether your Lordship doth not think that we are within the compass of our own Understanding and Consciences to give our Judgment ? L. C. J. Your own Understandings and Consciences , yes ; but look ye , Gentlemen — Mr. Papillon . If we are not left to consider the Credibility of the Witnesses , we cannot satisfie our Consciences . L. C. J. Look ye , Gentlemen , you are to go according to the Evidence of the Witnesses ; you are to consider of the Case according to the things alledged and proved , unless you know any thing your selves : But if any of you know any thing of your own knowledge , that you ought to take into Consideration , no doubt of it . Jury . Very well , my Lord. L. C. J. The Grand Jury are to hear nothing , but the Evidence against the Prisoner ; therefore for you to enter into proofs , or expect any here , concerning the Credit of the Witnesses , it is impossible for you to do Justice at that rate . The Jury withdrew , and the Court adjourn'd till 3 a Clock . L. C. J. Let the Witnesses be brought in one by one . Foreman . We will first ask a Question of Mr. Gwynn . Mr. Gwynn . Foreman . Who put up the Papers ? Mr. Gwynn . I put up the Papers my self . Foreman . Who went in with you ? Mr. Gwynn . None but my Lords Servants , I think , were there : But I put up the Papers my self . Foreman . Pray , Sir , whose hand writing is that Paper of ? Mr. Gwynn . Indeed , Sir , I can't tell . Foreman . How did it come into my Lord Shaftbury's Closet ? Mr. Gwynn . My Lord , this is a strange Question . Indeed , Sir , I can't tell ; all the Papers that I found in that Closet I put into that Bag. L. C. J. To satisfie the Jury , was the Paper in the Closet before you came there ? Mr. Gwynn . My Lord , it was certainly ●●●re , for there I found it ; I don't know the particular Paper , but all the Papers in that Bag were there . L. C. J. From whom had you the Key ? Mr. Gwynn . From my Lord Shaftsbury . Foreman . Don't you know , Sir , there was a Discourse in the Parliament of an Association ? Mr. Gwynn . Sir , I was not of the last Parliament . Sir , I know nothing of it . Foreman . You have not heard then , that there was such a thing in Parliament concerning an Association ? Mr. Gwynn . I have heard of an Association talked of . Foreman . Mr. Secretary , I would ask you some questions , if you did not know of a Debate in Parliament of an Association ? Mr. Secretary . I was not present at the Debate ; but there was a talk in Town of an Association . Foreman . Did not you hear of it in Parliament ? Mr. Secretary . Indeed there was an Answer to a Message from the House of Commons that had some thing in it that did strongly imply an Association ; but this particular Association I do not remember to have heard propos'd . Foreman . Don't you remember in the House of Commons , Sir , it was read upon occasion of that Bill ? Mr. Secretary . I heard such a thing spoke of ; but at the Reading of it I was not present , to the best of my remembrance . Foreman . What Date , Sir , was the Warrant for my Lord Shaftbury's Commitment ? Mr. Secretary . I refer my self to the Warrant , for that I do'nt know the Date . L. C. J. Mr. Secretary , you must speak about the time that it was ▪ Mr. Secretary . Sir , I was the man that had the honour to Sign that Warrant by which the Serjeant at Arms did Apprehend my Lord Shaftsbury , but what day of the Month I do not remember ; and therefore I refer my self , if you please , to the Warrant , and to the Serjeant at Arms. Foreman , What Month was it ? Mr. Secretary . Sir ? Foreman . About what Month ? Mr. Secretary . July . Foreman . The beginning of July ? Mr. Secretary . Sir , I do not remember the day precisely , for I did not foresee that Question would be asked me ; but I refer my self to the Warrant , and that is beyond all doubt . Foreman . I suppose all these Witnesses that are examin'd , were examin'd before the Committee . Mr. Secretary . Sir , They were examin'd , and I was present at the Examination . Foreman . All of them ? Mr. Secretary . I don't know whether all of them ; but I am sure I was at the Examination of several of them . Foreman . How many , Sir ? Mr. Secretary . I can't tell truly how many . Foreman . Call Mr. Booth . Officer . He is not here , the Tipstaff has him some where . Foreman . Is that Witness a Prisoner ? L. C. J. Booth is a Prisoner . Foreman . Then call Mr. Turbervile . Mr. Papilion . Is Mr. Turbervile there ? Officer . Here is Mr. Booth come now . Mr. Godfrey . Put Turbervile out again . Foreman . Mr. Booth , you told me of a Discourse that past between the Lord Shaftsbury and your self , we desire to know where it was , and when . Mr. Booth . It was in Thanet-house , Sir , where he lived , about a week or Ten days before the Parliament sat at Oxford . Foreman . The precise time . Mr. Booth . I cannot be more precise . Foreman . Who introduced you ? Mr. Booth . I think one Mr. Wilson led me into the Chamber . Foreman . Who was present when the Discourse was ? Mr. Booth . None but He and I , Sir. L. C. J. If we have these Noyses , we will have every one of you put out of Court. Mr. Att. General . Richardson , Richardson , Pray turn them all out ; they are brought in on purpose . Mr. Booth . It was not the first , second , nor third time that I had waited upon the Lord of Shaftsbury . Foreman . In what Room was it that my Lord spake those words to you ? Mr. Booth . It was in the Room he usually sets in , on the left hand as we come out of the long Gallery , I think we pass'd through a Room before it , Wainscotted about , as I remember , and hung . I have been in that Room with him four or five times , I am sure . Foreman . After this Discourse with you , how long was it before you spake of it to any body else ? Mr. Booth . Truly I think I did not publish this Discourse that my Lord and I had , from the time it was , till within this Seven or Eight weeks . Foreman . You were never examined before then as a Witness ? Mr. Booth . No , Sir , I never was , nor no body will pretend it , I suppose . Foreman . To whom , Sir , did you give your first Information ? Mr. Booth . Sir , I sent my first Information in writing to the Lords in the Council . Foreman . By whose hand ? Mr. Booth . By the hand of Walter Banes. Foreman . You had several Discourses with him ; Had you easie Admission , or was it with difficulty you came into his Company ? Mr. Booth . I was admitted by the influence of Captain Wilkinson at first , and ever after went with him , and had easie admittance and familiarity with him . Foreman . Was he with you every time ? Mr. Booth . No , not every time ; he was not this time with me . Foreman . Did he talk to this purpose every time ? Mr. Booth . Something to this purpose he did talk every time , but not so fully ; for I was first acquainted with this Business of Oxford by Captain Wilkinson , and I had a great desire to understand it from my Lords own mouth , because I would be satisfied in my Lord's Interest , as well as his Conduct . Foreman . Pray , Sir , what Education have you had ? Mr. Booth . I have had the Education of a Gentleman , an Academical Education . Foreman . Were you ever in Orders ? Mr. Booth . Yes . Foreman . Do you own your self to be in Orders still ? Mr. Booth . How do you mean to be in Orders ? I tell you I was in Orders ; but I am not now Benificed . Foreman . Do you officiate as a Minister ? Mr. Booth . No. Foreman . Were you ever an Attorney's Clerk ? Mr. Booth . Never . Foreman . Or a Justice's Clerk ? Mr. Booth . Never ; nor to no Mortal . Foreman . Were you ever Indicted for any Felony ? L. C. J. That is a Question not to be asked by any Jury-man of any Witness whatsoever : No man is bound to discover any thing of that Nature that is Criminal , concerning himself . Foreman . If it be pardoned , my Lord , he may . L. C. J. Pardoned , or not pardoned , he is not bound to accuse himself , nor to fix a Scandal on himself . Mr. Booth . No , my Lord , Nemo tenetur seipsum prodere . L. C. J. Sir , we must not suffer such Questions ; I will tell you the reason : It is proper for a Prisoner that stands upon his Justification to object it , but then the Prisoner must prove it : It lies upon him to prove it . Mr. Papilion . Mr. Booth , you told us of Fifty men that were Listed under Captain Wilkinson , Do you know any more of them ? Mr. Booth . I never directly conversed with any other . Mr. Papilion . Did you know any more of them ? Mr. Booth . No , not directly I did not , but only by Captain Wilkinson's Information . Mr. Papilion . How many Stories was that Room where you talked with my Lord ? Mr. Booth . One pair of Stairs , as I remember . Mr. Godfrey . Was it the right hand as you came in ? Mr. Booth . I think so . Mr. Godfrey . Was it the right hand or the left ? Mr. Booth . I went into the long Gallery first , and stayed there about a quarter , or half an hour ; and I remember very well I looked upon some Maps that were there , to divert my self a while ; and when I was called in , went out of the Gallery on the left hand , and went through another Room before I came into my Lord's Room . Foreman . Did you never hear my Lord speak Treason in any House but his own ? Mr. Booth . I never had occasion to hear this Discourse from my Lord ▪ but in his own House ; I never waited upon him in any other House . Foreman . Was you never desired to be a Witness against my Lord Shaftsbury ? Mr. Booth . Not till I intimated some thing of it . Foreman . Who was that too ? Mr. Booth . That was to Mr. Banes , I told you before so . Foreman . And what then ? Mr. Booth . When he told me of his Business with the Yorkshire Attorney Brownrigg , I did say again , I did not know what my Lord had done as to any thing of Irish-men , but I was sure there was something as to English-men , as to that purpose . Foreman . Did he propose any Reward , or any thing of that Nature ? Mr. Booth . Not a Farthing ; for I think he had no Commission to do it . Foreman . Are you acquainted with one Callaghan and Downing , two Irish-men ? Mr. Booth . No. Mr. Godfrey . Were you never in their Company ? Mr. Booth . Not that I know of . Mr. Godfrey . Did you ever hear their Names ? Mr. Booth . I don't know that I have . Foreman . Were you in their Company lately ? Mr. Booth . Not , as I know of . I do not remember either their Names or their Persons , nor do I know them from other men . Foreman . Do you know one Mr. Shelden ? Mr. Booth . No. Foreman . Do you know one Mr. Marriott ? Mr. Booth . No , Sir : I have heard of one Marriott that did belong to my Lord Duke of Norfolk . Foreman . When were you in his Company ? Mr. Booth . Never that I know of . Foreman . Has no body discoursed you from him ? Mr. Booth . No , no body . Foreman , Did you never hear of any Witnesses he sent to his Tenants ? Mr. Booth . I have heard from Banes about Brownrigg , about Irish Witnesses . Mr. Godfrey . Did you never hear of any Irish Witnesses sent down by Mr. Marriott to the Isle of Ely ? L. C. J. We gave you all the liberty in the World , hoping you would ask pertinent Questions , but these are Trifles . I did not expect that any wise men would have asked these Questions . Mr. Godfrey , was it to the purpose whether Mr. Marriott sent any Irish Witnesses to his Tenant , or no ? What is that to this business ? Foreman . My Lord , I have it under the hand of the Clerk of the Council . Mr. Booth . Pray , Sir , Did any inform you that I had any Correspondence with this man ? L. C. J. Nay , Sir , you must ask no Questions . Mr. Godfrey . Mr. Booth , do you go under no other name but Booth ? Mr. Booth . No , nor never did in my life . Mr. Booth . My Lord , I cannot go in safety here for the Tumult . L. C. J. Let the Officers secure him : Mr. Sheriff , look to him , that the man be secure and safe ; I will require him at your hands else . Mr. Sheriff Pilkington . What should I do ? L. C. J. Send your Officers to protect him , as becomes you , that he may be secured from the Rabble here . Mr. Turbervile . Foreman . Mr. Turbervile , when you had this Discourse with my Lord Shaftsbury , who was present with you ? Mr. Turbervile . One of his Servants ; truly I cannot tell his Name . Foreman . No body else ? Mr. Turbervile . I know the Name of none of his Servants , but Mr. Sheppard , I cannot remember any body else . Foreman . Did he carry you up to my Lord ? Mr. Turbervile . It was he , I think , told me I might go in : I was in the Dining Room . Foreman . What time was this ? Mr. Turbervile . In the Morning . Foreman . What time was it when you had this Discourse with my Lord Shaftsbury ? Mr. Turbervile . It was in February . Foreman . What time in February ? Mr. Turbervile . About the beginning ; I cannot tell exactly to a day . Foreman . How long was this before you communicated this to any body ? Mr. Turbervile . It was about the Fourth of July . Foreman . Then you concealed it from February to July : Who did you Communicate it to first of all ? Mr. Turbervile . The first Deposition I gave was to Mr. Secretary . Foreman ▪ Which Secretary ? Mr. Turbervile . Secretary Jenkins . Foreman . Pray what Room was it you had this Discourse in ? Mr. Turbervile . Sir , It was the Room at the upper end of the Dining Room ; I think they call it the Dining Room ; at the upper end of the Room , and turns on the left hand where he lay . Foreman . Did you meet with no body about the beginning of July , after my Lord's Commitment , and tell them when you were challenged , and told you were to be a Witness against him , As you were alive you knew no such thing ? Mr. Attor . General . My Lord , this is not to be allowed : This is private Instructions which the Jury are not to take . Foreman . No , Sir , it is not private Instructions . Did you not speak such words to William Herbert ? L. C. J. Have you had any Information concerning this to Mr. Herbert ? Foreman . My Lord , I have a long time ago . My Lord , such a person did tell me so and so , and set down the day ; and he then said he was very angry with him for it . L. C. J. Look ye , Gentlemen , what Discourse you take up at random in every Coffee-house ? Is that fit to be brought in when Treason is in question against the King's Life ? Are these Coffee-house Discourses , do you think , ground enough for you to cavel at Persons , because you have heard this Discourse in a Coffee-house ? Foreman . My Lord , I never was in a Coffee-house in my life with Mr. Herbert ; but he declared this to me some Months ago . L. C. J. And you think this is ground enough for you against him ? Mr. Papilion . My Lord , we only ask this Question , whether he hath not contradicted this , or said the contrary to any body else ? Mr. Turbervile . I do not remember that ever I spake one word to Mr. Herbert in my life ; and I can give you one reason . For I was discarded by all the People of my Lord's Interest at that time ; and if I had given under my hand that I had known nothing against him , I believe I might have been in their favour as much as before . Mr. Papilion . Were not you one that Petitioned to the Common Council in London ? Mr. Turbervile ▪ I did , Sir. Mr. Papilion . And did not you declare then that you were tempted to witness against your Conscience ? Mr. Turbervile . I believe I never read the Petition : It was drawn by the Order of Mr. Colledge , by a Man that lives about Guildhall ; by a Scrivener about Guildhall ; and I signed that Petition , but never read it , nor knew what was in it . L. C. J. Mr. Richardson , any you Officers , watch by those men that make a noise , and bring me in one to make an Example . Mr. Turbervile . My Lord , I go in danger of my life , for the People threaten to stone me to death , and I cannot go safe to my Lodging . Mr. Papilion . What was your design in signing that Petition ? what did you look for ? Mr. Turbervile . The design was that the City should take care of us . Mr. Papilion . Were you in a poor Condition ? Mr. Turbervile . Truly I was not very poor , though I was not over full of Money . Mr. Papilion . It is a strange thing that you should Petition for Relief , if you were not in want . Mr. Turbervile . We were told by some Members of the House of Commons , that there was a Vote in the House of Commons ready to pass , that the City should advance Money for the support of the Witnesses , and that we would Petition that they would answer the Design of the Parliament . Mr. Papilion . What Members were they ? Mr. Turbervile . It was a Member of the House of Commons that told me so , I will assure you two of them . Mr. Papilion . Did never any body move you , or desire you to be a Witness in this case against my Lord Shaftsbury ? Mr. Turbervile . No body in my life . When I came to speak the truth of what I knew , I did it voluntarily . Mr. Papilion . You did it voluntarily ? Mr. Turbervile . I did , I will assure you . Mr. Papilion . Do you know any thing more than what you have said here ? Mr. Turbervile . No , not one tittle . Mr. Papilion . Mr. Turbervile , I desire to be satisfied in one thing , whether my Lord Shaftsbury was Committed before or after your Information ? Mr. Turbervile . Truly , Sir , I cannot tell positively , as to that point ; but I believe it was before ; I cannot tell . Mr. Papilion . Did you hear my Lord speak these words in any other Room or Place ? Mr. Turbervile . No , indeed , I did not . Mr. Papilion . It was about the Fourth of July , you say , your Depositions were taken ? Mr. Turbervile . About that time , I suppose the Fourth of July — I hope your Lordship will take care that we be not knock't on the head . L. C. J. That we give in Charge to Mr. Sheriff ; and see you do take care of the King's Witnesses at your peril . It is a reflection , not only upon the Government of the City , to suffer these Disorders , but upon the whole Kingdom : Therefore , Mr. Sheriff , look the Witnesses come by no hurt . Mr. John Smith . Mr. Papilion . Mr. Smith , the Jury ask you a Question , whether or no you did not use to go by the name of Barry ? Mr. Smith . Sir , what names I have gone by is not pertinent to this purpose ; I tell you I have gone by several Names , as all Popish Priests do . Mr. Papilion . Did you never go by the Name of Barry ? Mr. Smith . It may be I might ; I have gone by several Names , as all Popish Priests do . L. C. J. Did you ever go by the Name of Barry ? Mr. Smith . I did , my Lord ; it is usual for Popish Priests so to do . Mr. Papilion . What Religion are you of , Mr. Smith ? Mr. Smith . I am a Protestant , Sir. Mr. Papilion . How long have you been a Protestant ? Mr. Smith . Many years . Mr. Papilion . When were you first Converted ? Mr. Smith . First Converted ? Mr. Papilion . Ay , to the Protestant Religion : You say you have been one many years ? Mr. Smith . I have been a Protestant , and was perverted to the Popish Religion ▪ and afterwards became a Protestant again . L. C. J. Bring in one of those men that make the noise . Cannot you bring in one of them ? Mr. Papilion . When did you receive the Sacrament ? Mr. Smith . I believe not above Three Months ago , as the Rector of Bow-Church will inform you : I have it under the Church-wardens hands in other places in London . Mr. Papilion . Have you been desired to be a Witness , or did you do it voluntarily ? Mr. Smith . Never desired , I declare it ; I did it voluntarily of my self . Mr. Papilion . When did you give in your Evidence first ? Mr. Smith . Truly I cannot exactly tell when I gave it in ; I did not keep an account of it . Mr. Papilion . What Month ? Mr. Smith . I cannot tell . Mr. Papilion . Was it before my Lord was Committed , or after ? Mr. Smith . I believe it might be a little after . Whether it was before or after , I cannot exactly tell . Mr. Papilion . To whom did you give your Information ? Mr. Smith , My Lord , they commanded the people to stone us to death . L. C. J. Who did ? Mr. Smith , Several persons , and when we were at the Tavern , Dr. Oates's man came out and gave the Rabble a Bottle of Wine , and bid them knock us down . L. C. J. Do you know what the mans name is ? Dr. Oates I know nothing of it my Lord. L. C. J. What is your mans name ? Dr. Oates , I keep half a dozen men , my Lord. L. C. J. I hope you keep no men to affront the King's Witnesses . Dr. Oates , No my Lord , it is a mistake , I know nothing of it , we went thither to refresh our selves . M. Papilion , Mr. Smith , who did you give your Information to ? Mr. Smith , What Information ? Mr. Papilion , The first Information . Mr. Smith , My Lord , am I to answer to these questions ? L. C. J. Ay Answer them , tell them . Mr. Smith , My Lord ▪ the Information I gave in to Secretary Jenkins , but I gave notice long before of what I intended to do to other persons . Mr. Papilion , When did you hear these words ▪ speak to the time exactly ? Mr. Smith , Which words do you ask ? Mr. Papilion , Those you mentioned even now . Mr. Smith , Sir if you please , I know you take all in short hand , if you ask me what words , I will tell you , for if I do not express my self in the same words as before , you will take hold of me . L. J. C. I will tell you this , this may be an ill question , for he told you , he had discoursed my Lord Shaftsbury at a great many times , and that at sometimes he said these words , at other times other words , and for you to catch him upon a question , it doth not shew a fair inclination . Mr. Papilion , My Lord , under your Lordships favour , we only desire to discover the truth , we are not for catches . L. C. J. Ask him then which of the words you would have him declare the time of , and he will tell you . Mr. Papilion , Let him speak his own words , it was about the time when Hetherington went thither . Mr. Smith , Truly I will answer that as punctually as I can , the month or day I cannot well tell , but the person that came for me was major Manly ; and he came to Bethels Club , what time that was , I cannot say , but if you please to inform your selves of those Gentlemen that I name , I believe they will tell you Mr. Bethel was there present , and knew very well I went to my Lord Shaftsbury that night , and returned to the Club again . Mr. Godfrey , Was it in the Evening or the morning ? Mr Smith , Mr. Godfrey , Clubs are usually at night I suppose , you know that was . Mr. Papilion , Where did you see my Lord Shaftsbury ? Mr. Smith , It was in his Dining Room . Mr. Papilion , Did you hear these words in any other place , or at any other time , or any Treasonable words against the King ? L. C. J. Look you Gentlemen , he told you of several other words at several other times . Mr. Papilion , But he said all at his house , my Lord. L. C. J. Ay , but at several times . Mr. Smith , I know Mr. Attorny , what the Gentlemen would be at very well . L. C. J. Answer them whether you did hear him speak any words that you conceive Treasonable at any other time ? Mr. Smith , I did not indeed . Mr. Papilion , In another place ? Mr. Smith , I do say I did not . Mr. Papilion , Did you petition to the Common Councel ? M. Smith , No Sir I never did . Mr. Papilion , Are you an English-man or an Irish man ? Mr. Smith , That 's no matter , no more than if I were a French-man or a Dutch-man . L. C. J. Give them an account whether you are an Englishman or an Irish-man . Mr. Smith , My Lord , I beg your Lordships pardon for that , if I were an Irishman , whether thereupon my Evidence would be prejudiced . L. C. J. Look you Mr. Smith , I do hope the Gentlemen of the Jury have more discretion among them all , than to think that an Irish-man is not a good witness , I hope they are not such persons . Mr. Smith , My Lord , if you please whilst I was in the City amongst them , I never petitioned to the City , I never had a farthing from them , nor ever spake to any for it , I never had any occasion for it , but if I had , it is probable I have enough in England , and other places , without being beholden to your Common Council . L. C. J. Will you ask him any more questions ? Jury , No , no. Mr. Papilion , Is Mr. Smith gone ? I would ask him one word , we would fain know what allowance you have , or what you receive , if you have any allowance , from any body ? Mr. Smith , From whom ? Mr. Papilion , Nay , I know not from whom : I ask whether you have any from any body ? L. C. J. Look ye Gentlemen , is that a question that is pertinent ? I wonder you will go to such questions : we allowed you to ask questions your selves , because we look upon you as men of reason . Mr. Papilion , My Lord , I do not know but it may be a proper question to ask him if he have any allowance from any man upon this account . L. C. J. Upon what account ? Mr. Papilion , Upon this account , if he says he has none 't is an answer . L. C. J. Do you intend your question , whether he is bribed to give Evidence , if you mean so , speak plain . Mr. Papilion , We ask if he have any allowance ? Mr. Smith , You don't ask me how the 6 or 700 l. was made up . L. C. J. You that are upon your Oaths should have a care what you do . Bryan Haynes . Mr. Papilion , Mr. Haynes , when did you give in your Information upon this matter ? Mr. Haynes , Against the Earl of Shaftsbury , Sir ? Mr. Papilion , Ay. Mr. Haynes , The day that I was taken by the Messenger . Mr. Papilion , That was before my Lord was committed , was it not ? Mr. Haynes , Yes Sir , it was before my Lord was committed . Mr. Papilion , Did you ever make any other Information to a Justice of the Peace ? Mr. Haynes , Not of my Lord of Shaftsbury . Mr. Papilion , Nor touching this matter ? Mr. Haynes , No not any Information upon Oath , I may have discoursed with a Justice of the peace . Mr. Papilion , Did not you give in an Information of a Design against the Earl of Shaftsbury ? Mr. Haynes , To none but to Secretary Jenkins . Mr. Papilion . You understand the question , whether you did give no Information of a Design against my L. Shaftsbury to some Justice of the peace ? Mr. Haynes , No no , to none but Mr. Secretary Jenkins . L. C. J. You do not observe his question , did you ever give to any Justice any Information of a Design against my Lord Shaftsbury . Mr. Haynes , Yes my Lord , I did to Sir George Treby , I made Affidavit before him . Mr. Papil . When was that ? Mr. Haynes , I think it was in March last . Mr. Papilion , What was that design against my Lord Shaftsbury ? Mr. Haynes , The design was what Mr. Fitz-Gerrald told me , he told me he gave under his hand to the King , that the Earl of Shaftsbury did resolve to set the Crown upon his own head , or otherwise to turn the Kingdom into a Common-wealth . Mr. Papilion , Fitz-Gerrald told you this , and so you made Affidavit of it ? Mr. Haynes , Yes , before Sir George Treby . Mr. Papilion , What time ? Mr. Haynes , It was before the Parliament met at Oxford . Mr. Papilion , So you say the words were , when were the words spoken that you mentioned ? Mr. Haynes , The words against my Lord ? Mr. Papilion , Ay. Mr. Haynes , He spake them to me a little before I made Affidavit , I cannot tell positively the time . Mr. Papilion , That was before his Commitment . Mr. Haynes , Yes , yes , my Lord was committed in June last , this Affidavit was made in March last before the Recorder of London . L. C. J. North , When you ask him about the Information of the design against my Lord Shaftsbury , he says that was in March last , and when you ask him about the evidence he gives now , that was the same day he was apprehended by the Messenger . Mr. Papilion , About June you say it was , that you say you gave in the Information against my Lord Shaftsbury . Mr. Haynes , The Information I made against my Lord Shaftsbury was in June last , the 28th . as I take it of June last . Mr. Papilion , Where was it you had this discourse ? Mr. Haynes , I had several Conferences with my Lord. Mr. Papilion , Did he every time say the same ? Mr. Haynes , The last time I spake with him was in Iron-monger-Lane , for Mr. Whitaker told me he would speak with me , and he would fain have me explain my self , what I did mean by the tall man I mentioned in the Narrative , and I went to the house , and they told me he was there , and I sent up a Note , and he desired me to come up ; but I sent word I did not care to come up , because I would not be known , and so he sent me word to meet him after Dinner , and when I came , my name is Haynes my Lord , said I , and I led his Lordship by the hand and went in there , I had I believe a whole hours discourse with him , and pray my Lord said I , among other questions , what Religion is the King of ? truly says he , Mr. Haynes he hath no more Religion than an horse ; for saith he , they say Sir , he was inclined to Popery , when he came first to England says he , he had a tincture of Popery , and was much inclined that way , but since he was degenerated from all the Principles of Christianity , for he is just like a perfect Beast . Mr. Papilion , This you say was in Iron-monger-Lane . Mr. Haynes , Ay Sir , at a Pastery Cooks Shop . Mr. Papilion , What time was it ? Mr. Haynes , After Dinner in the after-noon . Mr. Papilion , In June , or when ? Mr. Haynes , I cannot tell what time positively , it was about the time of the Trial of Fitz-Harris . Mr. Papilion , Was it the same time he spake about the D. of Buckingham ? Mr. Haynes , No , no. Mr. Papilion , When was that ? Mr. Haynes , That was when I was with him at his own house , and desired him not to expose me . Mr. Papilion , What time ? Mr. Haynes , I cannot tell Sir , for I never thought I should be called to an account for it , and I cannot keep an Almanack in my head , and I desired them not to expose me to the King's fury , for I heard the King was displeased with me : no says he you are mistaken , this is the best opportunity we can have , and if he will not give you a Pardon , we will raise the whole Kingdom against him in Arms , and then he makes himself the Master and Author of the Plot , and consequently he must expect to be ruined , unless he grant you a pardon . Mr. Papilion , Did you ever hear any other words than what you have now testified ? Mr. Haynes , Yes Sir , for I discoursed with him in Iron-monger-Lane a great while , and told him that our only and best way to have our ends of the King , was to raise a Rebellion in Ireland , and that I had relations and friends , and could get discontented Persons enough , and his Lordship would do the work here . Mr. Papilion , What , did you propound a Rebellion in Ireland ? Mr. Haynes , I offered to go beyond Sea , and that now was the best time to raise a Rebellion in Ireland , and he said that was not the best way , for they had other means to take , and so the discourse was waved . Mr. Papilion , And is that all ? Mr. Haynes , That is all I remember now . Mr. Papilion , Do you know of any other place or time ? Mr. Haynes , I was with him at his house . Mr. Papil . Were you ever a witness for my Lady Windham or against her ? Mr. Haynes , No Sir , but she arrested me , because I said I lay with her . John Macnamara . Mr. Papilion , Mr. Macnamara , when was it you had this discourse with my L. Shaftsbury , what is the time as near as you remember ? Mr. Mac. In March and April last Sir. Mr. Papilion , Twice then do you speak of ? Mr. Mac. Yes Sir. Mr. Papilion , Which is that that was in April ? Mr. Mac. That was the last , the last discourse was in April . Mr. Papilion , To what purpose was that ? Mr. Mac. My Lord said that the King deserved to be deposed as much as King Richard the second did . Mr. Papilion , In April you say . Mr. Mac. In April . Mr. Papilion , When did you give Information of this ? Mr. Mac. I cannot exactly tell Sir. Mr. Papilion , Repeat what you said . Mr. Mac. That the King deserved to be deposed as much as King Richard the Second , and that he took the Dutchess of Mazarines advice in every particular , which was the worst of Woman kind . Mr. Papilion , What time in April was this ? Mr. Mac. It was in the beginning of April . Mr. Papilion , Where ? Mr. Mac. In his own house . Mr. Papilion , Who was present ? Mr. Mac. There was Mr. Ivey by . Mr. Papilion , When did you make information of this ? Mr. Mac. I cannot tell , it was a good while ago . Mr. Papilion , Was it before his Commitment ? Mr. Mac. Yes Sir it was . Mr. Papilion , To whom did you give information ? Mr. Mac. To the Secretary of State , Sir. Mr. Papilion , Which of them ? Mr. Mac. Mr. Secretary Jenkins , Sir. Mr. Papilion , Did not you petition the Common-Council Sir , for relief ? Mr. Mac. Yes Sir , I signed a Petition that was drawn up , but I did not see it till it was brought to me to sign . Mr. Papilion , Did you read it ? Mr. Mac. No I never read it neither . Mr. Papilion , Nor don 't know what is in it ? Mr. Mac. No nor don 't know the contents of it . Mr. Papilion . My Lord , in that Petition they say , they were tempted to Swear against their Consciences , and that some of the Witnesses had made shipwrack of their Consciences ; we ask them now , and they say , they do not know what was in the Petition : if we should ask them who tempted them , and who those Witnesses were , that made shipwrack of their Consciences , it would signifie nothing ; for since they do not know what was in the Petition , it is in vain to ask them any more . Mr. Mac. For my part , my Lord , I never saw it till it was brought to me to be signed , and do not know the contents of it ; but I heard Mr. Colledge that was executed at Oxford , was concerned in promoting the Petition , by my L. Shaftsbury's advice . Dennis Macnamara . Mr. Papilion , Dennis Macnamara , tell us how you were introduced to my L. Shaftsbury , when you had this Discourse ? D. Mac. By my Brother , Sir. Mr. Papil . What , he that was here last ? D. Mac. Yes , Sir. Mr. Papil . He introduced you ? D. Mac. Yes , Sir. Mr. Papil . When was it ? D. Mac. It was in March last , the latter end of March , or beginning of April . Mr. Papilion , Cannot you tell which of the months ? D. Mac. No , I cannot be positive in it . Mr. Papil . Who was by ? D. Mac. There was Mr. Ivey . Mr. Papilion , No body but Mr. Ivey ? D. Mac. No body but Mr. Ivey and my Brother . Mr. Papilion , Where was it ? D. Mac. It was in his own Dining Room . Mr. Papilion , Were none of his Servants in the Room ? D. Mac. Not that I know of . Mr. Papilion , Are you sure none of his servants were there ? D. Mac. Not that I know of . Mr. Papil . Did you hear any thing else , at any other time ? D. Mac. No. Mr. Papil . Nor in any other place ? D. Mac. No. Mr. Papil . When did you give in this Information ? D. Mac. I gave it in a good while ago , Sir , I cannot be positive . Mr. Papilion , Was it before my Lord was committed ? D. Mac. Yes , a great while . Mr. Papilion , To whom did you give it ? D. Mac. I gave it to the Secretary of State. Jury , Cannot you remember how long it was before ? D. Mac. No , I cannot at the present . Mr. Papil . Which of the Secretaries ? D. Mac. Secretary Jenkins . Mr. Papilion , My Lord , I only propose , whether we may not ask whether he have not a pardon , for it would be a satisfaction to us for some reason . L. C. J. North , Look you here Gentlemen , when the Prisoner makes exceptions to the Witnesses , then it is proper , but here are no exceptions to the VVitnesses . Mr. Papil . My Lord , we make no exceptions , but we must satisfie our own Consciences , my Lord , that we must do , and that is very much , as we find the Credibility of the VVitnesses . L. C. J. North , Gentlemen , what do you mean that he should have a pardon for ? Mr. Papil . For Crimes . L. C. J. North , You must not ask him to accuse himself . Mr. Papil . If he hath a pardon , he is in statu quo ; suppose , my Lord , some of them have been guilty of poysoning , some of felony , some of robbing on the high-way , we do but ask them if they be pardoned ? L. C. J. North , A man must not be impeached , but where he may answer for it . Mr. Papil . My Lord , if you do not give us leave , we must forbear then . L. C. J. North , I do not think it proper to ask . Edward Ivey . Mr. Papil . The Discourse that you had with my L. Shaftsbury , when was it , at what time ? Mr. Ivey , It was a little after the sitting of the Parliament at Oxford . Mr. Papil . VVas it at more times than one ? Mr. Ivey , Yes , Sir , several times . Mr. Papil . All the same Discourse ? Mr. Ivey , No , not the same Discourse . Mr. Papil . The words that you spoke of , when was that ? Mr. Ivey , That was after the sitting of the Parliament at Oxford . Mr. Papil . About what time was it ? Mr. Ivey , It was about the latter end of March , or beginning of April . Mr. Papil . When did you make Information of this ? Mr. Ivey , I cannot be positive in that neither . Mr. Papil . Before my Lords Commitment or after ? Mr. Ivey , A while before . Mr. Papil . To whom did you give it ? Mr. Ivey , To the Secretary of State. Foreman , Who was present when my L. Shaftsbury spake those words ? Mr. Ivey , Both the Macnamara's , as I remember . Foreman , Who else ? Mr. Ivey , Truly , I do not remember any else privy to our Discourse , neither am I certain , that both the Macnamara's were there , one of them was there I am sure of it . Foreman , What was the reason you concealed this Information so long , had you no inducement to make it at that time , how came you to do it then and not before ? What was the reason , you say it was the latter end of April and May , my Lord was not committed for a good while after , here was two months time ? Mr. Ivey , I am not certain how long a time it was before , but I made it as soon as I could . Foreman , I ask you , whether you know any thing either of words , or treasonable actions , or any thing of my Lord of Shaftsbury , spoken or acted at any other time or place ? Mr. Ivey , No , I have declared what I know , as to the particulars . Bernard Dennis . Mr. Papil . Mr. Dennis , in the morning you told me something about the Discourse you had with my L. of Shaftsbury , tell me when it was ? Mr. Den. It was in April , 4 or 5 dayes after the Parliament was Dissolved at Oxford . Mr. Papil . In the beginning ? Mr. Den. In March , after the Parliament was Dissolved at Oxford . Mr. Papil . It was in March , and where ? Mr. Den. In his own house , here in this town , 4 or 5 dayes after the Parliament was dissolved at Oxford , immediately after he came home , I do not think he was at home 3 days before . Mr. Papilion , Who was present with you then ? Mr. Dennis , There was in the Room Mr. Sheppard his Gentleman . Mr. Papilion , Who else ? Mr. Dennis , Some of his Servants , his Pages I suppose , but whether they did hear this or no , I cannot tell . Mr. Papilion , Did my Lord whisper it , or speak out ? Mr. Dennis , My Lord is not a man of an high voice , but of a mediocrite voice . Mr. Papilion , Did he whisper it in your ear ? Mr. Dennis , No , I was just by him . Mr. Papilion , Who was in the Room besides ? Mr. Dennis , No body , only his Servants . Mr. Papilion , VVhen did you make this information ? Mr. Dennis , I made it in the month of June . Mr. Papilion , In the month of June ? Mr. Dennis , Yes Sir. Mr. Papilion , Before my Lord was committed , or after ? Mr. Dennis , Before . Mr. Papilion , VVho did you make it to ? Mr. Dennis , I made my information to the Secretary of State. Mr. Papilion , VVhich of them ? Mr. Dennis , Secretary Jenkins . Mr. Papil . VVhy did you conceal it so long ? Mr. Den. Because I was in the City so long . Mr. Papil . Did you ever go about to muster your 400. men you had in Ireland , I ask you whether you did or no ? Mr. Den. Upon my word I did advise some of them to be ready . Mr. Papil . And did you provide them with Arms ? Mr. Den. Not I Sir , I was not able to do it . Mr. Papil . VVhat Religion are you of ? Mr. Den. I am a Protestant . Mr. Papil . How long have you been a Protestant ? Mr. Den. I have been a Protestant since Febr. last . And this I must confess , that when I was in Spain and France , my resolution was to be a Protestant . Mr. Godfrey , Mr. Dennis , pray who was in the Room when you were there ? Mr. Den. The Earl of Shaftsbury Sir. Mr. Godfrey , VVho else ? Mr. Den. Mr. Sheppard . Mr. Godfrey , VVho else ? Mr. Den. I cannot name them . L. C. J. Mr. Godfrey , when another man asks a question , you should consider what is said , and not ask the same question over and over again . Mr. Papil . In what place in his house ? Mr. Den. In his own Chamber , in the great Chamber , I do not know whether you call it the Hall or the Parlour . Mr. Papil . VVas it above stairs ? Mr. Den. Yes , it was above stairs , my Lord does not use to speak with any below stairs . Mr. Papil . Is this all that you know , have you heard my Lord say any treasonable words in any other place , or at any other time ? Mr. Den. In the long Gallery , in his own house , at another time . Mr. Papil . VVhy did not you say so before ? Mr. Den. I did say so before , in the long Gallery he told me he would have a Common-wealth in England , and extirpate the Crown of England and the King of England . Mr. Papil . Is that all , speak all your knowledge ? Mr. Den. He said we should all Irish-men conform our selves to a Common-wealth , and by that we should get our Estates again . Mr. Papil . I ask you if this is all you have to say ? L. C. J. Do you remember any more ? Mr. Papil . More than you said in the Morning ? Mr. Den. He said he would extirpate the King , and make England a Common-wealth , and that we were fools and silly folks that did not comply our selves to their factious party , and that we should get our Estates , and that he would get me a black Gown and a Benefice , in the mean time , and when all things were done he would prefer me to a better , and not only my self but all that were of my name , and would stick to me . Mr. Papil . Is this all ? Mr. Den. This is all . Mr. Papil . Then you have nothing more . Mr. Den. I never spake to him but in his own house . Mr. Papil . All your Kindred are Papists , are not they ? Mr. Den. No Sir , I cannot say so , but most of them are . L. C. J. North , VVho can say that , that question no body can answer . L. C. J. Look ye Gentlemen , now you have asked these questions , you had best go and consider what evidence is delivered , and weigh well all those things that have been said to you , and you must consider your duty , you are to enquire here , whether it be fitting for the King to call my Lord Shaftsbury to question upon this account of treasonable words . Mr. Papil . My Lord , we desire before we go , that either the Law may be read , or we may have the Statute-book up with us . L. C. J. The Statute-book was never denyed , but you shall have the Law read here : First the Statute of the 25th . of Edward the Third , and then this last Statute . L. C. J. North , I would say one thing , because I observe that some of you asked the question , whether the Parliament did not debate about an Association : whether it related to that Paper or no , I am not certain , I hope you will consider that Paper well , for my part I must needs say for my self , I heard of it , but I never heard it read before , and never heard the contents of it ; but it seems to me to show what those Officers were to do , for the ends of this Association , and one of those ends as I remember ( Gentlemen , I refer you to the Paper , and hope you will consider it , you are men of understanding ) I thought that one of those ends was to destroy the mercenary forces in and about the Cities of London and Westminster , and that the Government was to be by the major part of the Members of Parliament in the sitting of Parliament , not with the King , but the major part of the Members of Parliament . Gentlemen I may mistake , for I profess I speak only out of memory ; but it seems to me to be of great consequence , and there is great matter to be presumed upon it , it being found under Lock and Key in his Study : but I suppose my Lord Shaftsbury may give an account of it , but there is great presumption upon it , it doth not import to be an Association by Act of Parliament . Mr. At. Gen. VVhen the Parliament was prorogued or dissolved , then the major part of the Members in each County engage themselves to follow their Command and obey their Order . L. C. J. North , Gentlemen , I hope you will consider your Oaths , and give all things their due weight . L. C. J. VVill you have the Statute read ? Jury , VVe will read it above . The Jury withdrew to Consider the Evidence , and returned the Bill Ignoramus , upon which the People fell a hollowing and shouting . Mr. At. Gen. My Lord , let it be Recorded this hollowing and hooping in a Court of Justice . THE END . 
A82970	----	Die Lunæ 4. Maii 1646. Ordered that it be, and it is hereby declared by the Lords and Commons in Parliament assembled, that what person soever shall harbour and conceale, or know of the harbouring or concealing of the Kings person; ... England and Wales. Parliament. This text is an enriched version of the TCP digital transcription A82970 of text R212293 in the English Short Title Catalog (Thomason 669.f.9[60]). Textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. The text has been tokenized and linguistically annotated with MorphAdorner. The annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). Textual changes aim at restoring the text the author or stationer meant to publish. This text has not been fully proofread Approx. 1 KB of XML-encoded text transcribed from 1 1-bit group-IV TIFF page image. EarlyPrint Project Evanston,IL, Notre Dame, IN, St. Louis, MO 2017 A82970 Wing E1754 Thomason 669.f.9[60] ESTC R212293 99870931 99870931 161158 This keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the Early English Books Online Text Creation Partnership. This Phase I text is available for reuse, according to the terms of Creative Commons 0 1.0 Universal . The text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. Early English books online. (EEBO-TCP ; phase 1, no. A82970) Transcribed from: (Early English Books Online ; image set 161158) Images scanned from microfilm: (Thomason Tracts ; 245:669f9[60]) Die Lunæ 4. Maii 1646. Ordered that it be, and it is hereby declared by the Lords and Commons in Parliament assembled, that what person soever shall harbour and conceale, or know of the harbouring or concealing of the Kings person; ... England and Wales. Parliament. 1 sheet ([1] p.) Printed for John Wright at the Kings Head in the Old-Bayley, London : 1646. Title from heading and first lines of text. An order of Parliament "that what person soever shall harbour and conceale the Kings person shall be proceeded against as a traitor.". Order to print also dated 4 May 1646, and signed: Joh. Browne Cler. Parliamentorum. Reproduction of the original in the British Library. eng Charles -- I, -- King of England, 1600-1649 -- Early works to 1800. Treason -- England -- Early works to 1800. Great Britain -- History -- Civil War, 1642-1649 -- Early works to 1800. A82970 R212293 (Thomason 669.f.9[60]). civilwar no Die Lunæ 4. Maii 1646. Ordered that it be, and it is hereby declared by the Lords and Commons in Parliament assembled, that what person soev England and Wales. Parliament. 1646 161 0 0 0 0 0 0 0 A This text has no known defects that were recorded as gap elements at the time of transcription. 2007-10 TCP Assigned for keying and markup 2007-10 Apex CoVantage Keyed and coded from ProQuest page images 2007-11 Emma (Leeson) Huber Sampled and proofread 2007-11 Emma (Leeson) Huber Text and markup reviewed and edited 2008-02 pfs Batch review (QC) and XML conversion Die Lunae 4. Maii 1646. ORdered that it be , and it is hereby declared by the Lords and Commons in Parliament assembled , That what person soever shall harbour and conceale , or know of the harbouring or concealing of the Kings Person ; and shall not reveale it immediately to the Speakers of both Houses , shall be proceeded against as a Traitor to the Common-wealth , forfeit his whole estate , and die without mercy . Joh. Browne Cler. Parliamentorum . Die Lunae 4. Maii 1646. ORdered by the Lords and Commons in Parliament assembled , That the Committee of the Militia of the City of London be desired to publish this Order by beat of Drum or sound of Trumpet within the Cities of London and Westminster , and Lines of Communication . Joh. Browne Cler. Parliamentorum . London Printed for John Wright at the Kings Head in the Old-Bayley . 1646. 
A83517	----	To the Kings most Excellent Maiesty. The humble answer and petition of the Lords and Commons assembled in Parliament, to the Kings last message, bearing date the fifth of September. 1642. England and Wales. Parliament. This text is an enriched version of the TCP digital transcription A83517 of text R210996 in the English Short Title Catalog (Thomason 669.f.5[75]). Textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. The text has been tokenized and linguistically annotated with MorphAdorner. The annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). Textual changes aim at restoring the text the author or stationer meant to publish. This text has not been fully proofread Approx. 3 KB of XML-encoded text transcribed from 1 1-bit group-IV TIFF page image. EarlyPrint Project Evanston,IL, Notre Dame, IN, St. Louis, MO 2017 A83517 Wing E2370A Thomason 669.f.5[75] ESTC R210996 99869738 99869738 160788 This keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the Early English Books Online Text Creation Partnership. This Phase I text is available for reuse, according to the terms of Creative Commons 0 1.0 Universal . The text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. Early English books online. (EEBO-TCP ; phase 1, no. A83517) Transcribed from: (Early English Books Online ; image set 160788) Images scanned from microfilm: (Thomason Tracts ; 245:669f5[75]) To the Kings most Excellent Maiesty. The humble answer and petition of the Lords and Commons assembled in Parliament, to the Kings last message, bearing date the fifth of September. 1642. England and Wales. Parliament. 1 sheet ([1] p.) printed for Hugh Perry, London : September 8, 1642. In reply to His Majesties gracious message to both Houses of Parliament, sent from Nottingham 25. of August 1642. (Wing C2332). As the King has not recalled his proclamation calling Parliament traitiors they cannot recede. If the King will abandon his position and return to Parliament, he will find a full expression of their fidelity and duty. There is no other way to make him happy and his kingdom safe. -- Steele. Reproduction of the original in the British Library. eng Charles -- I, -- King of England, 1600-1649 -- Early works to 1800. England and Wales. -- Parliament -- Early works to 1800. Treason -- Great Britain -- Early works to 1800. Great Britain -- History -- Civil War, 1642-1649 -- Early works to 1800. A83517 R210996 (Thomason 669.f.5[75]). civilwar no To the Kings most Excellent Maiesty. The humble petition of the Lords and Commons assembled in Parliament, to the Kings last message, bearin England and Wales. Parliament. 1642 436 0 0 0 0 0 0 0 A This text has no known defects that were recorded as gap elements at the time of transcription. 2007-11 TCP Assigned for keying and markup 2007-11 Apex CoVantage Keyed and coded from ProQuest page images 2007-12 Elspeth Healey Sampled and proofread 2007-12 Elspeth Healey Text and markup reviewed and edited 2008-02 pfs Batch review (QC) and XML conversion To the Kings most Excellent Maiesty . The humble Answer and Petition of the Lords and Commons assembled in Parliament , to the Kings last Message , bearing Date the fifth of September . 1642. May it please your Majesty . IF we the Lords and Commons in Parliament assembled , should repeat all the wayes wee have taken , the endeavours wee have used , and the expressions we have made unto your Maiesty to prevent those distractions and dangers your Maiesty speaks of , likely to fall upon this Kingdome , we should too much enlarge this reply : therefore as we humbly , so shall we only let your Maiesty know , that we cannot recede from our former Answer , for the reasons therein expressed ; for that your Maiesty hath not taken down your Standard , recalled your Proclamations and Declarations , whereby you have declared the Actions of both Houses of Parliament to be treasonable , and their persons Traitors : and you have published this same since your Message of the 25 of August , by your late Instructions sent to your Commissioners of Array : Which Standard being taken down , and the Declarations , Proclamations , and Instructions recalled , if your Maiesty shall then , upon this our humble Petition , leaving your Forces , returne unto your Parliament , and receive their faithfull advice , your Maiesty will finde such expressions of our fidelity and duties , as shall assure you that your safety , honour , and Greatnesse can only bee found in the affections of your people , and the sincere Counsels of your Parliament , whose constant and undiscouraged endeavours and consultations have passed through difficulties unheard of , only to secure your Kingdomes from the violent mischiefes and dangers now ready to fall upon them , and every part of them ; who deserve better of your Majesty , and can never allow themselves ( representing likewise your whole Kingdom ) to bee ballanced with those persons whose desperate dispositions and counsels prevayle still so to interrupt all our endeavours for the relieving of bleeding Ireland , as wee may feare our labours and vast expences will be fruitlesse to that distressed Kingdome . As your presence is thus desired by us , so is it in our hopes your Maiesty will in your reason beleeve there is no other way than this to make your selfe happy , and your Kingdomes safe . Iohn Browne Cleric . Parliament . London , printed for Hugh Perry , September 8. 1642. 
A84389	----	The traytors unvailed, or a brief account of that horrid and bloody designe intended by those rebellious people, known by the names of Anabaptists and Fifth Monarchy being upon sunday the 14th. of April 1661. in Newgate on purpose to oppose his Majesties person and laws. 1661 Approx. 8 KB of XML-encoded text transcribed from 4 1-bit group-IV TIFF page images. Text Creation Partnership, Ann Arbor, MI ; Oxford (UK) : 2008-09 (EEBO-TCP Phase 1). A84389 Wing E606 Thomason E1087_10 ESTC R208541 99867486 99867486 119799 This keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the Early English Books Online Text Creation Partnership. This Phase I text is available for reuse, according to the terms of Creative Commons 0 1.0 Universal . The text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. Early English books online. (EEBO-TCP ; phase 1, no. A84389) Transcribed from: (Early English Books Online ; image set 119799) Images scanned from microfilm: (Thomason Tracts ; 162:E1087[10]) The traytors unvailed, or a brief account of that horrid and bloody designe intended by those rebellious people, known by the names of Anabaptists and Fifth Monarchy being upon sunday the 14th. of April 1661. in Newgate on purpose to oppose his Majesties person and laws. Ellis, Thomas, attributed name. 7, [1] p. s.n.], [London : Printed in the Year, 1661. Place of publication from Wing. Annotation on Thomason copy: "Apr. 18". Reproduction of the original in the British Library. Created by converting TCP files to TEI P5 using tcp2tei.xsl, TEI @ Oxford. Re-processed by University of Nebraska-Lincoln and Northwestern, with changes to facilitate morpho-syntactic tagging. Gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. 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Copies of the texts have been issued variously as SGML (TCP schema; ASCII text with mnemonic sdata character entities); displayable XML (TCP schema; characters represented either as UTF-8 Unicode or text strings within braces); or lossless XML (TEI P5, characters represented either as UTF-8 Unicode or TEI g elements). Keying and markup guidelines are available at the Text Creation Partnership web site . eng Conspiracies -- England -- Early works to 1800. Anabaptists -- Early works to 1800. Fifth Monarchy Men -- Early works to 1800. Treason -- England -- Early works to 1800. 2007-05 TCP Assigned for keying and markup 2007-06 Apex CoVantage Keyed and coded from ProQuest page images 2008-01 John Pas Sampled and proofread 2008-01 John Pas Text and markup reviewed and edited 2008-02 pfs Batch review (QC) and XML conversion THE TRAYTORS Vnvailed , OR A Brief and true account of that horrrid and bloody designe intended by those Rebellious People , known by the names OF ANABAPTISTS and Fifth MONARCHY BEING Vpon SVNDAY the 14 th . of April 1661. in NEVVGATE On purpose to oppose his Majesties person and Laws . Printed in the Year , 1661. THE TRAYTORS Vnvailed OR A brief relation of that horrid and bloody design intended by the Anabaptists and Fifth Monarchy . IT is unknown to all well disposed Christian people of the late Traiterous insurections and actions in Broadstreet , and Woodstreet , and had not the Lord out of his great goodness timely supprest them , it would certainely ( accordingly to their intents ) involved the whole Nation in warrs and blood , but finding their Devillish plots not to take effect , thoy have ever since ( for the beter promoting the same ) held conference and correspondency with their deluding Spirits , and taking and observing all opertunities of advantage for accomplishing their bloody designs , in a secreet & obscure manner , they sent divers Letters of advice and counsel from one to the other at several places , which was to give them notice that on Munday last ( at the time when his Majesty should be at Windsor according to his Majesties Ancestors custome ) they should unanimosly meet to carry on their work by violence of the Sword , but Gods great mercy attending his Majesty and this poor Nation , providentially gave foreknowledge thereof to his Majesty and Counsel , to prevent the same , his Majesty Counselled with God in his prayers and meditations , and afterwards according to Gods Decree and his Honorable Counsels advice and serious judgment , he sent his special Warrant to examine all suspicious Houses for Papers , Letters &c. The which was accordingly executed in several Houses by one of the Lord General Monks Captains , with his Officers and Souldiers , and to their satisfaction divers Letters were taken which were received from several persons of great concernment , and large returns in folio of most horrid counsel , their seditious Sects in all places both neer and remote , the persons having them in custodywere immediatly secured , but to further prosecute their good success and future hopes of timely preventing their cursed atcheivments , the noble Captain made it his next only business to go to New-Gate were very many and dangerous persons are together , and therefore thought that there they should be better satisfied and obtain a further and more ample discovery , by taking more of the like Letters of black advice ( which according happened ) The particulars in the searching as followes , being observed by a spectator who was so much in danger of his own life that he committed his soul to God and never thought to go out again alive , but their included mallice and desire of blood was by providence unexpectedly and mercifully diverted . About three of the Clock , at which time they were at the height of their pretended Devotion in several Roomes and corners of the House , at which convention the Captain judged it the best opportunity to go up . He demanded the Keepers to admitt him and his assistance up , by shewing them his authority and intent , of his loving the person . Who was first acquainted with the business and the authority thereof was Mr. Knolls , a Prisoner speaker to the Anabaptists , who civilly requested to shew what Letters & Papers he had in his Custody , but contrary to the civillity used to him , he insollently disobeyed his Majesties Warrant , and violently resisted the search both by his hands & Tongue , first crying out to his associats that they should secure the Keepers and take away the Keys , Mr. Hicks a Turnkey would moderatly have pacified and rationally discust the inconveniency that would but follow like a head-strong people void of reason , carried him up the staires upon the leads , and had not his much intreaty preserved him , they had imediately threw him off into the Street ; some others in the intrim beat one of the Keepers , threw him down Staires , took away the Keys and kept them ; others were upon one of the Turnkeys who was basely misused , And had not some pirsoners that lay for Debt secured him , they had certainly ended his daies by a Stab , their mallice was so invetterate towards him , however with one voice they all cryed lets through the Rogue off from the leads . The Captaine in the time of this hurly burly was below , expecting a civill reply of his Demandes , but notice being given him by the uproares he with his Sword drawn assisted by another Turnkey who at that punct of time came with the Right Worshipfull Sheriff Boulton to see the Warrant Executed hearing of their perverness to it , they went to Squench the fire whilst it was in its begining that though they saw them appear & the Sheriff comanded Mr Knowlls to go down into his Chamber , and obey his Majesties Orders , yet still they persisted in their folly , by securing the Captain in their own Chamber , and forcibly Knowlls laid hands on Mr. Lowman with a great Stick as if it were purposely prepared , and the rest of his Companions seized themselves upon other , but Mr. Lowman being not at all daunted with the assistance of his Prisoners , by degrees overpowered them , and afterwards for present punishment he committed Iohn Smith into the Hoale ( who is a convicted person for the late Murder committed by the insurrection in Broadstreet ) and was one of the most violent in the House being desirous by his attempts to have stopt Mr. Lowmans Breath by laying his cruel merciless , and bloody hands upon his throat . Mr. Portman was also put into the Hoale , being a chief and principal Actor , and desperately strook all that did oppose him or his fellows , and had it not happily fell out that the fift Monarchy men were all lockt in their Chamber where they were at their meeting , it had certainly been a terrible and cruel day to all that had been in their way . But finding their plots were discovered and their hopes frustrated of their desired ends which should have been brought forth the next day . Then to preserve their decaying reputation , and respects and good words amongst the common people , they suddainly sent their messengers abroad to make complaint first , to have their guilt seem less . But on purpose to undeceive the people , and to give them better satisfaction of the reason and truth thereof I have taken the pains as to acquaint all that are desirous of the same , that they may no longer be deceived by their specious pretences , for the Fift Monarchy men are a people that a true character of their malitious principles cannot be demonstrated , but their actions make them appear to be a blood-thirsty and Rebellious people against God and the King. Whom God Preserve . 
A86051	----	Mr. Glyn, his speech in Parliament, vpon the reading of the accusation of the House of Commons against Mr. Herbert the Kings attorney, for advising and drawing the accusation of high treason against the six worthy members of the House of Commons. February 19. An. Dom. 1641 Glynne, John, Sir, 1603-1666. This text is an enriched version of the TCP digital transcription A86051 of text R12994 in the English Short Title Catalog (Thomason E200_31). Textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. The text has been tokenized and linguistically annotated with MorphAdorner. The annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). Textual changes aim at restoring the text the author or stationer meant to publish. This text has not been fully proofread Approx. 6 KB of XML-encoded text transcribed from 4 1-bit group-IV TIFF page images. EarlyPrint Project Evanston,IL, Notre Dame, IN, St. Louis, MO 2017 A86051 Wing G894 Thomason E200_31 ESTC R12994 99859382 99859382 111456 This keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the Early English Books Online Text Creation Partnership. This Phase I text is available for reuse, according to the terms of Creative Commons 0 1.0 Universal . The text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. Early English books online. (EEBO-TCP ; phase 1, no. A86051) Transcribed from: (Early English Books Online ; image set 111456) Images scanned from microfilm: (Thomason Tracts ; 35:E200[31]) Mr. Glyn, his speech in Parliament, vpon the reading of the accusation of the House of Commons against Mr. Herbert the Kings attorney, for advising and drawing the accusation of high treason against the six worthy members of the House of Commons. February 19. An. Dom. 1641 Glynne, John, Sir, 1603-1666. [8] p. Printed for Iohn Hammond, London : 1642. Reproduction of the original in the British Library. eng Herbert, Edward, 1591?-1657. England and Wales. -- Parliament. -- House of Commons. Speeches, addresses, etc., English -- Early works to 1800. Treason -- England -- Early works to 1800. Great Britain -- Politics and government -- 1625-1649 -- Sources -- Early works to 1800. A86051 R12994 (Thomason E200_31). civilwar no Mr. Glyn, his speech in Parliament,: vpon the reading of the accusation of the House of Commons against Mr. Herbert the Kings attorney, for Glynne, John, Sir 1642 899 1 0 0 0 0 0 11 C The rate of 11 defects per 10,000 words puts this text in the C category of texts with between 10 and 35 defects per 10,000 words. 2007-08 TCP Assigned for keying and markup 2007-08 Apex CoVantage Keyed and coded from ProQuest page images 2007-09 Emma (Leeson) Huber Sampled and proofread 2007-09 Emma (Leeson) Huber Text and markup reviewed and edited 2008-02 pfs Batch review (QC) and XML conversion Mr. GLYN , HIS SPEECH IN PARLIAMENT , VPON The reading of the Accusation of the House of Commons against Mr. Herbert the Kings Attorney , for advising and drawing the Accusation of High Treason against the Six Worthy Members of the House of Commons . February 19. An. Dom. 1641. LONDON , Printed for Iohn Hammond . 1642. Mr. GLYN , HIS Speech in Parliament : VPON The reading the Accusation of the House of Commons , against Mr. Herbert , the Kings Attorney , for advising , and drawing the Accusation of High Treason against the 6. worthy Members of the House of Commons . February the Eighteenth , An. Dom. 1641. Mr. SPEAKER , THE Subtilty and Policy of Man corrupted , and for evill Actions , in danger of Punishment , is alwayes working , although by the destruction of the vertuous and Innocent , to free and cleere himselfe ; The Actions and indeavors of the good man and the bad are alwayes opposite , The good man practiseth to defend vertue and piety , bring to deserved punishment , the vitious and Malignant , out of duty to God , his King and Country . The wicked man strives to defend himselfe and vices to the dishonour of God , the destruction of his true Religion , of his King and Country , if opposite to his designes ; We have had the experience of the evils and great troubles that have beene raised in this State , by ill instruments , men of power and authority in the same ; and not onely of open and publicke misdoers , but of private disaffected spirits , whose outward carriage hath procured to themselves great esteeme and respect in their countrey ; hay , so well have they been approved of , that their countrey hath intrusted them with their estates and priviledges , as electing them members of this High Court of Parliament , wherein also for a long time they have discharged their duties to their King and Countrey ; nay , and obtained the generall estimation and respect of all men , as worthy members of the Common-wealth ; but their hearts agreeing not with their outward carriage , being not upright and perfect , have at last shewed themselves in their owne colours , and brought to themselves shame and dishonour . This Gentleman now accused by this Honourable House , had the honour to be a Member of the Parliament , and so well esteemed by his Maiesty , that hee was entertained his Atturney Generall ; which had he beene contented withall , and not been ambitious or malicious , which of the two I am not able to distinguish was his errour , or whether he is guilty of both : however , it is cleare , his heart was not right in discharging his duty in that great place committed to him ; and as hee was a member of the Parliament , had he been faithfull to his King and Countrey , he would never have undertaken this enterprise , to presume to advise his Maiesty to accuse the Members of this House of high treason , and draw himselfe their accusation . Mr. SPEAKER , His Offence is of a high nature , of dangerous Consequence , a manifest Breach of the Priviledges of Parliament , an Apparant Treachery against the persons of those Worthy Members ; and Consequently an offence against the whol State , deserving great punishment for the same . By this he hath made himselfe guilty of the same misdemeanours that other delinquents are impeached and accused for , not inferiour to them in this crime . This his practice and designe was a great offence against his sacred Maiesty himself , in seeking to worke an evill opinion in his Maiesty of his Parliament , and their proceedings in the great affaires both of Church , and State . This discouraged and dis-heartned the Parliament to proceed in any businesse for the good and honour of their King and Countrey , when they perceive that all their endeavours and dutifull actions are not well accepted by his Maiesty , but ill thought of . This might prove a cause to alienate the hearts of King and people one from another . This hath caused all the trouble and distraction in this State , ill counsell . Mr. SPEAKER , I humbly desire that this Accusation may be perfected , and that we may proceed to voting him upon the same , as by this Honorable House hee shall be found Guilty , and with all Convenient Expedition that may be presented to the Lords , And that hee may proceed with cheerfulnesse to settle all disorders in this Kingdome , both in Church and State , redresse all Grievances of his Maiesties good Subiects , expedite our indeavors for a timely reliefe of Ireland , and bring all delinquents in this Common ▪ wealth to deserved punishment for their many misdemeanors , and dangerous Crime by them committed , and the establishing such a forme of Government , and dicipline Ecclesiasticall , in the Church , for the true worshipping of God , as may be agreeable to his Word and verity . FINIS . 
A86798	----	The humble petition of the inhabitants of the county of Buckingham, presented to the Kings most Excellent Maiestie at VVindsor the thirteenth of this instant January. 1642. In the behalfe of Mr. Hampden Knight for the said county, and of the rest of the members of Parliament, accused by his Maiestie of treason. VVith his Maiesties gratious answere thereunto. This text is an enriched version of the TCP digital transcription A86798 of text R209739 in the English Short Title Catalog (Thomason 669.f.3[33]). Textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. The text has been tokenized and linguistically annotated with MorphAdorner. The annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). Textual changes aim at restoring the text the author or stationer meant to publish. This text has not been fully proofread Approx. 3 KB of XML-encoded text transcribed from 1 1-bit group-IV TIFF page image. EarlyPrint Project Evanston,IL, Notre Dame, IN, St. Louis, MO 2017 A86798 Wing H3513 Thomason 669.f.3[33] ESTC R209739 99868605 99868605 160591 This keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the Early English Books Online Text Creation Partnership. This Phase I text is available for reuse, according to the terms of Creative Commons 0 1.0 Universal . The text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. Early English books online. (EEBO-TCP ; phase 1, no. A86798) Transcribed from: (Early English Books Online ; image set 160591) Images scanned from microfilm: (Thomason Tracts ; 245:669f3[33]) The humble petition of the inhabitants of the county of Buckingham, presented to the Kings most Excellent Maiestie at VVindsor the thirteenth of this instant January. 1642. In the behalfe of Mr. Hampden Knight for the said county, and of the rest of the members of Parliament, accused by his Maiestie of treason. VVith his Maiesties gratious answere thereunto. England and Wales. Sovereign (1625-1649 : Charles I). 1 sheet ([1] p.) Printed for Iohu [sic] Burroughes, London : 1641 [i.e. 1642] The King's answer is dated: 13 January, 1642. With engraved border. Annotation on Thomason copy: "1641". Reproduction of the original in the British Library. eng Hampden, John, 1594-1643 -- Early works to 1800. England and Wales. -- Parliament -- Early works to 1800. Treason -- Great Britain -- Early works to 1800. A86798 R209739 (Thomason 669.f.3[33]). civilwar no The humble petition of the inhabitants of the county of Buckingham, presented to the Kings most Excellent Maiestie at VVindsor the thirteent England and Wales. Sovereign 1642 484 0 0 0 0 0 0 0 A This text has no known defects that were recorded as gap elements at the time of transcription. 2007-09 TCP Assigned for keying and markup 2007-10 Apex CoVantage Keyed and coded from ProQuest page images 2007-12 Elspeth Healey Sampled and proofread 2007-12 Elspeth Healey Text and markup reviewed and edited 2008-02 pfs Batch review (QC) and XML conversion THE HVMBLE PETITION of the Inhabitants of the County OF BVCKINGHAM , Presented to the KINGS most Excellent Maiestie at WINDSOR the thirteenth of this instant January . 1642. In the behalfe of Mr. Hampden Knight for the said County , and of the rest of the members of Parliament , accused by his Maiestie of Treason . VVith his Maiesties gratious answere thereunto . Sheweth , THat your petitioners having by vertue of your highnes writt chosen Iohn Hampden Esquire Knight for our Shire in whose loyaltie and wisdome , we his Contrymen , and Neighbours have ever had good cause to confide : how ever of late , to our no lesse amazement then greife , wee find him with other members of Parliament accused of Treason , and haveing taken to our serious consideration , the manner of their impeachments we cannot but ( under your Majesties favour ) conceive , that it doth so oppugne the rights of Parliaments , to the maintenance whereof our Protestation bind us : That we beleive it is the malice ( which their zeale to your Majesties service , & the State , hath contracted ) in the enemies to your Majesty , the Church , and common wealth hath occasioned this fowle accusation rather then any desert of theirs ; who doe likewise through their sides wound the judgement and care of us your Petitioners , and others , by whose choice they were presented to the House . Your petitioners most humbly pray that Master Hampden , and the rest that lye under the burden of that accusation may enjoy the Iust priviledges of Parliament . And your Petitioners will ever pray &c. His Maiesties answer . At the Court at Windsor the 13th . of Ianuary . 1642. HIs Majesty being graciouslie pleased to let all his subjects understand his care not ( knowingly ) to violate in the least degree , any of the Priviledges of Parliament , hath therefore lately by a Message sent by the Lord Keeper signified ; That hee is pleased ( because of the doubt that hath beene raised of the manner ) to waive his former proceedings against the said Master Hampden and the rest mentioned in this Petition , concerning whom his Majesty intends to proceed in an unquestionable way . And then his Majesty saith it will appeare that hee had so sufficient grounds to question them , as hee might not in Iustice to the Kingdome , and Honour to himselfe have forborne ; and yet his Majesty had much rather that the said persons should prove innocent , then be found guilty , however , hee cannot conceive that their crimes can in any sort reflect upon those his good Subjects , who elected them to serve in Parliament . London Printed for Iohn Burroughes 1641. 
A86997	----	The several speeches of Duke Hamilton Earl of Cambridg, Henry Earl of Holland, and Arthur Lord Capel, upon the scaffold immediately before their execution, on Friday the 9. of March. Also the several exhortations, and conferences with them, upon the scaffold, by Dr Sibbald, Mr Bolton, & Mr Hodges. Published by special authority. Hamilton, James Hamilton, Duke of, 1606-1649. This text is an enriched version of the TCP digital transcription A86997 of text R202512 in the English Short Title Catalog (Thomason E546_21). Textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. The text has been tokenized and linguistically annotated with MorphAdorner. The annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). Textual changes aim at restoring the text the author or stationer meant to publish. This text has not been fully proofread Approx. 70 KB of XML-encoded text transcribed from 23 1-bit group-IV TIFF page images. EarlyPrint Project Evanston,IL, Notre Dame, IN, St. Louis, MO 2017 A86997 Wing H482 Thomason E546_21 ESTC R202512 99862765 99862765 114941 This keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the Early English Books Online Text Creation Partnership. This Phase I text is available for reuse, according to the terms of Creative Commons 0 1.0 Universal . The text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. Early English books online. (EEBO-TCP ; phase 1, no. A86997) Transcribed from: (Early English Books Online ; image set 114941) Images scanned from microfilm: (Thomason Tracts ; 84:E546[21]) The several speeches of Duke Hamilton Earl of Cambridg, Henry Earl of Holland, and Arthur Lord Capel, upon the scaffold immediately before their execution, on Friday the 9. of March. Also the several exhortations, and conferences with them, upon the scaffold, by Dr Sibbald, Mr Bolton, & Mr Hodges. Published by special authority. Hamilton, James Hamilton, Duke of, 1606-1649. Holland, Henry Rich, Earl of, 1590-1649. Capel of Hadham, Arthur Capel, Baron, 1610?-1649. 43, [1] p. Printed for Peter Cole, Francis Tyton, and John Playford, London : 1649. D1v has catchword "righte-" and lacks side-note. Variant: quire D in a different setting, with side-note on D1v and catchword "Hodges". Annotation on Thomason copy: "march 9. 1648"; the '9' in the imprint has been crossed out. Reproduction of the original in the British Library. eng Royalists -- England -- History -- 17th century -- Early works to 1800. Treason -- England -- Early works to 1800. Great Britain -- History -- Commonwealth and Protectorate, 1649-1660 -- Early works to 1800. A86997 R202512 (Thomason E546_21). civilwar no The several speeches of Duke Hamilton Earl of Cambridg, Henry Earl of Holland, and Arthur Lord Capel, upon the scaffold immediately before t Hamilton, James Hamilton, Duke of 1649 13592 2 0 0 0 0 0 1 B The rate of 1 defects per 10,000 words puts this text in the B category of texts with fewer than 10 defects per 10,000 words. 2008-04 TCP Assigned for keying and markup 2008-09 SPi Global Keyed and coded from ProQuest page images 2008-10 Megan Marion Sampled and proofread 2008-10 Megan Marion Text and markup reviewed and edited 2009-02 pfs Batch review (QC) and XML conversion THE SEVERAL SPEECHES OF Duke Hamilton Earl of Cambridg , Henry Earl of Holland , and Arthur Lord Capel , Upon the SCAFFOLD Immediately before their EXECUTION , On Friday the 9. of March . Also the several Exhortations , and Conferences with them , upon the SCAFFOLD , by Dr Sibbald , Mr Bolton , & Mr Hodges . Published by special Authority . LONDON , Printed for Peter Cole , Francis Tyton , and John Playford . 164● . The several Speeches of Earl of Cambridg , the Earl of Holland , and the Lord Capel , upon the Scaffold , &c. UPon Friday the ninth of this instant , being the day appointed for the Execution of the sentence of Death upon the Earl of Cambridg , the Earl of Holland , and the Lord Capel , about ten of the Clock that morning L.Col. Beecher came with his Order to the several Prisoners at St James's , requiring them to come away ; According to which Order they were carried in Sedans , with a Guard , to Sir Thomas Cottons house at Westminster , where they continued about the space of two hours , passing away most of that time in religious and seasonable Conferences with the Ministers there present with them . After which , being called away to the Scaffold , it was desired , that before they went they might have the opportunity of commending their Souls to God by prayer , which being readily granted , and the room voyded , Mr Bolton was desired by the Lord of Holland to take that pains with them , which was accordingly done with great appearance of solemn Affections among them . Prayer being concluded , and hearty Thanks returned by them all to the Minister who performed , as also to the rest who were their Assistants in this sad time of trouble ; the Earl of Cambridge prepared first to go towards the place of Execution ; and after mutual embraces , and some short ejaculatory expressions , to and for his fellow-sufferers , he took his leave of them all , and went along with the Officers , attended upon by Dr Sibbald , whom he had chosen for his Comforter in this his sad condition . The Scaffold being erected in the new Palace-yard at Westminster , over against the great Hal-Gate , in the sight of the place where the High Court of Justice formerly sate ( the Hal-doors being open , ) there was his Excellencies Regiment of Horse commanded by Capt. Disher , and several Companies of Col. Hewsons and Col. Prides Regiments of Foot drawn up in the place : When the Earl came from Westminster Hall neer the Scaffold , he was met by the Undersheriff of Middlesex , and a Guard of his men , who took the charge of him from Lieut. Col. Beecher and the Partizans that were his Guard ; The Sheriff of London being also , according to Command from the High Court of Justice , present , to see the Execution performed . The Earl of Cambridg being come upon the Scaffold , and two of his own servants waiting upon him , he first spake to the Doctor as followeth : Earl of Cambridg . Whether shall I pray first ? Dr Sibbald . As Your Lordship pleases . Earl of Cambridg . My Lord of Denbigh has sent to speak with me . I know not the fashion , I may ask you Sir ; Do these Gentlemen expect I should say any thing to them , or no , they cannot hear ? Dr Sibbald . There will be a greater silence by and by . It will not be amiss , if Your Lordship defer Your speaking till You hear from his Lordship . Cambridg . There is something in it . He was with the House . Dr Sibbald . I suppose he would give no interruption to Your Lordship , at this time , were there not something of concernment in it . Cambridg . He is my Brother , and has been a very faithful Servant to this State , and he was in great esteem and reputation with them . He is in the Hall , and sent to speak with a Servant of mine to send something to me . Dr Sibbald . It will not lengthen the time much if you stay while you have a Return from him . My Lord , you should do well to bestow your time now in meditating upon , and imploring of the free mercy of God in Christ for your eternal Salvation , and look upon that ever-streaming Fountain of his precious Blood , that purgeth us from all our sins , even the sins of the deepest dye ; the Blood of Iesus Christ washes away all our sins , and that Blood of Christ is poured forth upon all such as by a lively Faith lay hold upon him : God so loved the World that he gave his only begotten Son , to the end , that whosoever beleeved in him should not perish , but have everlasting life ; that is now , my Lord , the Rock upon which you must chiefly rest , and labor to fix your self in the free mercy of God through Christ Iesus , whose mercies are from everlasting to everlasting , unto all such as with the eye of Faith behold him ; behold Iesus the Author and Finisher of your Salvation , who hath satisfied the Iustice of God by that Al-sufficiency of his Sacrifice , which once for all he offered upon the Cross for the sins of the whole world , so that the sting of death is taken away from all Beleevers , and he hath sanctified it as a passage to everlasting blessedness : It is true , the waters of Jordan run somewhat rough and surly , betwixt the Wilderness and our passage into Canaan ; but let us rest upon the Ark ( my Lord ) the Ark Christ Iesus , that will carry us through , and above all those waves to that Rock of ages , which no flood nor waves can reach unto , and to him who is yesterday , to day , and the same for ever , against whom the Powers and Principalities , the gates of Hell , shall never be able to prevail ; lift up and fasten your eyes now upon Christ crucified ; and labor to behold Iesus standing at the right hand of his Father , ( as the Protomartyr Stephen ) ready to receive your soul , when it shall be separated from this frail and mortal body : Alass , no man would desire life , if he knew beforehand what it were to live , it is nothing but sorrow , vexation and trouble , grief and discontent that waits upon every condition , whether publique or private ; in every station and calling there are several miseries and troubles that are inseparable from them ; therefore what a blessed thing it is to have a speedy and comfortable passage out of this raging Sea , into the Port of everlasting Happiness ; We must pass through a Sea , but it is the Sea of Christs Blood , in which never soul suffered shipwrack , in which we must be blown with winds and tempests , but they are the Gales of Gods Spirit upon us , which blow away all contrary winds of diffidence in his Mercy . Here one acquainting the Earl , his servant was coming , he answered , So Sir ; And turning to the under Sheriffs son , said . Cambridg . Sir , have you your Warrant here ? Sheriff . Yes , my Lord , we have a Command . Cambridg . A Command . I take this time , Sir , of staying , in regard of the Earl of Denbighs sending to speak with me , I know not for what it is he desires me to stay . Dr Sibbald . I presume Mr Sheriff will not grudg your Lordship a few minutes time , when so great a work as this is in hand . His Lordships servant being returned , and having delivered his Message to the Earl of Cambridg privately , he said . So , it is done now ; and then turning to the front of the Scaffold , before which ( as in all the rest of the pallace ) there was a great concourse of people , he said ; Earl of Cambridg . I think it is truly not very necessary for me to speak much , there are many Gentlemen and Souldiers there that sees me , but my voyce truly is so weak , so low , that they cannot hear me , neither truly was I ever at any time so much in love with speaking , or with any thing I had to express , that I took delight in it ; yet this being the last time that I am to do so , by a divine Providence of Almighty God , who hath brought me to this end justly for my sins . I shall to you Sir , Mr Sheriff , declare thus much , as to the matter that I am now to suffer for , which is as being a Traytor to the Kingdom of England : Truly Sir , it was a Country that I equally loved with my own , I made no difference , I never intended either the generality of its prejudice , or any particular mans in it ; what I did was by the Command of the Parliament of the Country where I was born , whose Commands I could not disobey , without running into the same hazard there , of that condition that I am now in : The ends , Sir , of that Engagement is publique , they are in Print , and so I shall not need to specifie them . Dr Sibbald . The Sun perhaps will be too much in Your Lordships face , as You speak . Cambridg . No Sir , it will not burn it . I hope I shall see a brighter Sun then this , Sir , very speedily . Dr. Sibbald . The Sun of Righteousness my Lord . Cambridg . ( But to that which I was saying Sir . ) It pleased God so to dispose that Army under my Command , as it was ruined ; and I , as their General , clothed with a Commission , stand here , now ready to dye ; I shall not trouble you with repeating of my Plea , what I said in my own Defence at the Court of JUSTICE , my self being satisfied with the commands that is laid upon me , and they satisfied with the Justnesse of their procedure , according to the Laws of this Land . God is just , and howsoever I shall not say any thing as to the matter of the sentence , but that I do willingly submit to his divine Providence , and acknowledge that very many wayes I deserve even a worldly punishment , as well as hereafter , for we are all sinfull , Sir , and I a great one ; yet for my comfort I know there is a God in heaven that is exceeding mercifull ; I know my Redeemer sits at his right hand , and am confident , ( clapping his hand to his breast ) is mediating for me at this instant , I am hopefull through his free grace and al-sufficient merits , to be pardoned of my sins , and to be received into his mercy , upon that I rely , trusting to nothing but the free grace of God through Iesus Christ , I have not been tainted with my Religion I thank God for it , since my infancy it hath been such as hath been profest in the Land , and established , and now t is not this Religion or that Religion , nor this or that fancie of men that is to be built upon , t is but one that 's right , one that 's sure , and that comes from God . Sir , and in the free grace of our Saviour . Sir , there is truly something that * ( had I thought my speech would have been thus taken , ) I would have digested it into some better method then now I can , and shall desire these Gentlemen that does write it , that they will not wrong me in it , and that it may not in this manner be published to my disadvantage , for truly I did not intend to have spoken thus when I came here . There is , sirs , terrible aspersions has been laid upon my self ; truly such as , I thank God , I am very free from ; as if my actions and intentions had not been such as they were pretended for ; but that notwithstanding what I pretended it was for the King , there was nothing lesse intended then to serve him in it . I was bred with him for many years , I was his domestique servant , and there was nothing declar'd by the Parliament that was not really intended by me ; and truly in it I ventured my life one way , and now I lose it another way : and that was one of the ends , as to the King ; I speak only of that , because the rest has many particulars ; and to clear my selfe from so horrid an aspersion as is laid upon me : neither was there any other design known to me by the incoming of that Army , then what is really in the Declaration published . His person , I do professe , I had reason to love , as he was my King , and as he had been my Master : it has pleased God now to dispose of him , so as it cannot be thought flatery to have said this , or any end in me for the saying of it , but to free my selfe from that calumnie which lay upon me : I cannot gain by it ; yet Truth is that which we shall gain by for ever . There hath been much spoken , Sir , of an invitation into this Kingdome : it 's mentioned in that Declaration , and truly to that I did and do remit my self : and I have been very much laboured for discoveries of these inviters . 'T is no time to dissemble . How willing I was to have served this Nation in any thing that was in my power , is known to very many honest , pious and religious men ; and how ready I would have been to have done what I could to have served them , if it had pleased them to have preserved my life , in whose hands there was a power : They have not thought it fit , and so I am become unusefull in that which willingly I would have done . As I said at first ( Sir ) so I say now concerning that point ; I wish the Kingdoms happinesse , I wish its peace ; and truly Sir , I wish that this blood of mine may be the last that is drawn : and howsoever I may perhaps have some reluctancie with my self as to the matter of my suffering , for my fact , yet I freely forgive all ; Sir , I carry no rancour along with me to my grave : His will be done that has created both heaven and earth , and me a poor miserable sinfull creature now speaking before him . For me to speak , Sir , to you of State-businesse , and the Government of the Kingdom , or my opinion in that , or for any thing in that nature , Truly it is to no end , it contributes nothing : My own inclination hath been to Peace , from the beginning ; and it is known to many , that I never was an ill instrument betwixt the King and his people ; I never acted to the prejudice of the Parliament ; I bore no Arms , I medled not with it ; I was not wanting by my prayers to God almighty for the happinesse of the King ; and truly I shall pray still , that God may so direct him as that may be done which shall tend to his glory , and the peace and happinesse of the kingdom . I have not much more to say , that I remember of ; I think I have spoken of my Religion . Dr. Sibbald . Your Lordship his not so fully said it . Camb. Truly I do believe I did say something . Dr , Sibbald . I know you did , 't is pleasing to heare it from your Lordship againe . Cambr. Truly Sir , for the profession of my Religion , that which I said was the established Religion , and that which I have practised in my owne Kingdome where I was borne and bred ; my Tenents they need not to be exprest , they are knowne to all , and I am not of a rigid opinion ; many godly men there is that may have scruples which doe not concerne me at all at no time ; they may differ in Opinion , and more now then at any time ; differing in Opjnion does not move me ( not any mans ) my owne is cleare : Sir , The Lord forgive me my sinnes , and I forgive freely all those that even I might as a worldly man , have the greatest animosity against ; We are bidden to forgive ; Sir , T is a command laid upon us ( and there mentioned ) Forgive us our trespasses , as we forgive them that trespasse against us . Dr. Sibbald . 'T is our Saviours rule , love your enemies , blesse them that curse you , pray for them that persecute you , do good to them which despightfully use you . Cambr. Sir , it is high time for me to make an end of this , and truly I remember no more that I have to say , but to pray to God Almighty a few words , and then I have done . Then kneeling downe , with Doctor Sibbald , he Prayed thus . Most Blessed Lord , I thy poore and most unworthy servant come unto thee , presuming in thy infinite mercy and the merits of Jesus Christ , who sits upon the Throne , I come flying from that of Justice , to that of Mercy , and tendernesse for his sake which shed his bloud for sinners , that he would take compassion upon me , that he will look upon me as one that graciously hears me , that he would look upon me as one that hath redeemed me , that he would look upon me as one that hath shed his bloud for me ; that he would look upon me as one who now cals and hopes to be saved by his al-sufficient merits ; for his sake , Glorious God , have compassion upon me in the freenesse of thy infinite mercy , that when this sinfull soule of mine shall depart out of this fraile carcase of clay , I may be carried into thy everlasting glory ; O Lord by thy free grace , and out of thy infinite mercy heare me , and look downe , and have compassion upon me ; and thou Lord Jesus , thou my Lord , and thou my God , and thou my Redeemer , heare me , take pitie upon me , take pitie upon me gracious God , and so deale with my soule , that by thy precious merits I may attaine to thy joy and blisse ; O Lord remember me so miserable and sinfull a creature ; now thou O Lord , thou O Lord that died for me , receive me , and receive me into thy owne bound of mercy ; O Lord I trust in thee , suffer me not now to be confounded , Satan has had too long possession of this soule , O let him not now prevaile against it , but let me O Lord from henceforth dwell with thee for evermore . Now Lord it is thy time to heare me , heare me gracious Jesus , even for thy owne goodnesse , mercy , and truth ; O glorious God , O blessed Father , O holy Redeemer , O gracious Comforter , O holy and blessed Trinity , I do render up my soule into thy hands , and commit it with the mediation of my Redeemer , praising thee for all thy dispensations that it has pleased thee to conferre upon me , and even for this , praise and honour and thanks of this time forth for ever more . Dr. Sibbald . My , Lord , I trust you now behold with the eye of Faith the Son of righteousnesse shining upon your soul , and will chearfully submit unto him who hath redeemed us through his bloud , even the bloud of Jesus Christ , that you may appeare at the Tribunal of God , clothed with the white robe of his unspotted righteousnesse ; the Lord grant that with the eye of faith you may now see the heavens opened , and Jesus Christ standing at the right hand of God , ready to receive you into his armes of mercie . Cambr. Then the Earle turning to the Executioner , said , shall J put on another Cap , must this hair be turn'd up from my neck , there are three of my servants to give satisfaction . D. Sib. My Lord , I hope you are able to give all that are about you satisfaction , you are assured that God is reconciled unto you through the bloud of Christ Iesus , and the Spirit of the Lord witnesseth to you that Christ is become now a Iesus unto you ; My Lord , fasten the eyes of your faith upon Jesus the Author & finisher of your salvation , who himself was brought to a violent death for the redemption of mankind , he chearfully submitted to his Fathers good pleasure in it , and for us , blessed and holy is he that has part ( my Lord ) in the first resurrection ; that is , in the first riser Jesus Christ who is both the resurrection and the life , over him , the second death shall have no power , t is the unspeakable joy of a beleever , that at the houre of death his soule hath an immediate passage from this earthly Tabernacle to that Region of endlesse glory , yea to the presence of God himselfe , in whose presence there is fulnesse of joy , and at whose right hand there are pleasures for evermore . Then the E , of Cambridge turning to the Executiooner , said , which way is it that you would have me lye , Sir . Execut . The Executioner pointing to the front of the Scaffold , the Earle replyed what , my Head this way ; then the Under Sheriffs son said , my Lord , the Order is that you should lay your Head towards the High-Court of Iustice . The Earl of Cambr. after a little discourse in private with some of his servants , kneeled down on the side of the Scaffold , and prayed a while to himself . When he had finisht his prayers , Dr. Sibbald spake to him thus : My Lord , I humbly beseech God , that you may now with a holy and Christian courage give up your soul to the hand of your faithful Creator and gracious Redeemer ; and not be dismaied with any sad apprehension of the terrours of this death . And what a blessed and glorious Exchange you shall make within a very few minutes ! Then with a cheerfull and smiling countenance , the Earle embracing the Doctor in his Armes , said , Camb. Truly Sir , I do take you in mine arms , & truly I blesse God for it , I do not feare , I have an assurance that is grounded here ; ( laying his hand upon his heart . ) Now that gives me more true joy then ever J had , J passe out of a miserable world to go into an eternall and glorious Kingdome ; and Sir , though J have been a most sinfull creature , yet Gods mercy J know is infinite , and J blesse my God for it , J go with so cleare a conscience , that J know not the man that J have personally injured . D. Sib. My Lord , it is a marveilous great satisfaction that at this last hour you can say so , I beseech the Lord for his eternall mercy strengthen your faith , that in the very moment of your dissolution , you may see the armes of the Lord Iesus stretched out ready to receive your soule . Then the Earl of Cambridge embracing those his servants which were there present , said to each of them , You have been very faithful to me , and the Lord blesse you . Camb. Then turning to the Executioner , said , I shall say a very short prayer to my God , while I lie down there : and when I stretch out my hand ( my right hand ) then sir , do your duty ; and I do freely forgive you , and so I do all the world . Dr. Sibbald . The Lord in great mercie go along with you , and bring you to the possession of everlasting life , strengthning your faith in Jesus Christ . This is a passage , my Lord , a short passage unto eternal glory . J hope , through the free grace of your gracious God , you are now able to say , O Death where is thy sting ? O grave where is thy victory ? and to make this comfortable answer , Blessed be God , blessed be God , who hath given me an assurance of victory through Christ Jesus . Then the E. of Cambridge said to the Executioner , Must J lie all along ? Execut . Yes , and 't please your Lordship . Camb. When I stretch out my hands — but J will fit my Head , first tell me if I be right , and how you would have me lie . Ex. Your shirt must be pind back , for it lies too high upon your shoulders ( which was done accordingly . Doctor Sibbald . My Lord , now , now lift up your eyes unto Jesus Christ , and cast your self now into the everlasting arms of your most gracious Redeemer . Then the Earle having laid his head over the blocke , said , Is this right ? Doctor Sibbald . Jesus the Son of David , have mercy upon you . Execut . Lie a little lower Sir . Camb. Well , stay then till I give you the signe . And so having laine a short space devoutly praying to himselfe , he stretch'd out his right hand , whereupon the Executioner at one blow severed his head from his body , which was received by two of his servants then kneeling by him , into a Crimson Taffety Scarfe , and that with the body immediately put into a Coffin brought upon the Scaffold for that purpose , and from thence conveyed to the house that was Sir John Hamiltons at the Mewes , where it now remains . This execution being done , the Sheriffes Guard went immediately to meet the Earl of Holland , which they did in the mid way between the Scaffold and Westminster-Hall , and the Under-Sheriffes sonne having received him into his charge , conducted him to the Scaffold , he taking M. Boulton all the way in his hand , passed all along to the Scaffold discoursing together ; upon which being come , observing his voice would not reach to the people , in regard the Guard compassed the Scaffold , he said ; Holland . It is to no purpose ( I think ) to speak any thing here . Which way must I speak ? And then being directed to the front of the Scaffold , he ( leaning over the railes ) said , I think it is fit to say something , since God hath called me to this place . The first thing which I must professe , is , what concernes my Religion , and my breeding , which hath been in a good Family , that hath ever been faithfull to the true Protestant Religion , in the which I have been bred , in the which I have lived , and in the which by Gods grace and mercy I shall die . I have not lived according to that education I had in that Family where I was born and bred : I hope God wil forgive me my sins , since I conceive that it is very much his pleasure to bring me to this place for the sins that I have committed . The cause that hath brought me hither , I believe by many hath been much mistaken . They have conceived that I have had ill designes to the State , and to the Kingdome : Truly I look upon it as a Judgement , and a just Judgement of God ; not but I have offended so much the State , and the Kingdome , and the Parliament , as that I have had an extream vanity in serving them very extraordinarily . For those actions that I have done , I think it is known they have been ever very faithfull to the publique , and very particularly to Parliaments . My affections have been ever exprest truly and clearly to them . The dispositions of affairs now have put things in another posture then they were when I was ingaged with the Parliament . I have never gone off from those Principles that ever I have professed : I have lived in them , and by Gods grace will die in them . There may be alterations and changes that may carry them further then I thought reasonable , and truly there I left them : but there hath been nothing that I have said , or done , or professed , either by Covenant , or Declaration , which hath not been very constant , and very clear upon the principles that I ever have gone upon , which was to serve the King , the Parliament , Religion ( I should have said in the first place ) the Common-Wealth , and to seek the Peace of the Kingdome . That made me think it no improper time , being prest out by accidents and circumstances , to seek the Peace of the Kingdome , which I thought was proper , since there was somthing then in agitation , but nothing agreed on for seeding Propositions to the King ; that was the furthest aim that I had , and truly beyond that I had no intention , none at all . And God be praised , although my bloud comes to be shed here , there was I think scarcely a drop of bloud shed in that action that I was ingaged in . For the present affairs as they are , I cannot tell how to judge of them : and truly they are in such a condition , as ( I conceive ) no body can make a judgement of them : and therefore I must make use of my Prayers , rather then of my opinion , which are , that God would blesse this Kingdome , this Nation , this State ; that he would settle it in a way agreeable to what this Kingdome hath been happily governed under ; by a King , by the Lords , by the Commons : a Government that ( I conceive ) it hath flourished much under , and I pray God the change of it bring not rather a prejudice , a disorder , and a confusion , then the contrary . I look upon the Posterity of the King , and truly my Conscience directs me to it , to desire , that if God be pleased that these people may look upon them with that affection that they owe , that they may be called in again , and they may be , not through bloud , nor through disorder , admitted again into that power , and to that glory that God in their birth intended to them . I shall pray with all my soule for the happinesse of this State , of this Nation , that the bloud which is here spilt , may be even the last which may fall among us and truly I should lay down mylife with as much chearfulness as ever person did , if I conceived that there would no more bloud follow us : for a State , or Affairs that are built upon bloud , is a foundation for the most part that doth not prosper . After the blessing that I give to the Nation , to the Kingdom , and truly to the Parliament , I do wish with all my heart , happinesse , and a blessing to all those that have been authors in this businesse ; and truly that have been authors in this very work that bringeth us hither : I do not onely forgive them , but I pray heartily and really for them , as God will forgive my sins , so I desire God may forgive them . I have a particular relation , as I am Chancellour of Cambridge , and truly I must here , since it is the last of my prayers , pray to God that that University may go on in that happy way which it is in , that God may make it a Nursery to plant those persons that may be distributed to the Kingdome , that the souls of the people may receive a great benefit , and a great advantage by them , and ( I hope ) God will reward them for their kindnesse , and their affections that I have found from them . * I have said what Religion I have been bred in , what Religion I have been borne in , what Religion I have practised ; I began with it , and I must end with it . I told you that my actions and my life have not been agreeable to my breeding , I have told you likewise that the family where I was bred hath been an exemplary family ( I may say so I hope , without vanity ) of much affection to Religion , and of much faithfulnesse to this Kingdome , and to this State . I have indeavoured to do those actions that have become an honest man , and which became a good Englishman , and which became a good Christian . I have been willing to oblige those that have been in trouble , those that have been in persecution , and truly I find a great reward of it ; for I have found their prayers and their kindnesse now in this distresse , and in this condition I am in , and I thinke it a great reward , and I pray God reward them for it . I am a great sinner , and I hope God will be pleased to heare my prayers , to give me faith to trust in him , that as he hath called me to death at this place , he will make it but a passage to an eternall life through Jesus Christ , which I trust to , which I rely upon , and which I expect by the mercy of God . And so I pray God blesse you all , and send that you may see this to be the last execution , and the last bloud that is likely to bee spilt among you . And then turning to the side-raile , he prayed for a good space of time ; after which M. Bolton said : My Lord , Now look upon him whom you have trusted . My Lord , I hope that here is your last prayer : there will no more praiers remain , but praises : And I hope that after this day is over , there will a day begin that shall never have end : And I look upon this ( my Lord ) the morning of it , the morning of that day . My Lord , you know where your fulnesse lies , where your riches lie , where is your onely rocke to anchor on . You know there is fulnesse in Christ : If the Lord comes not in with fulnesse of comfort to you , yet resolve to wait upon him while you live , and to trust in him when you die ; and then say , I will die here , I will perish at thy feet , I will be found dead at the feet of Jesus Christ . Certainly , he that came to seek and save lost sinners , will not reject lost sinners when they come to seek him : Hee that intreateth us to come , will not sleight us when we come to intreat him . My Lord , there is enough there , and fix your heart there , and fix your eyes there , that eye of Faith , and that eye of hope , exercise these graces now , there will be no exercise hereafter . As your Lordship said , here take an end of Faith , and take an end of Hope , and take a farewell of Repentance : and all these , and welcome God , and welcome Christ , and welcome Glory and welcome Happinesse to all Eternity ; and so it will be a happy passage then , if it bee a passage here from misery to happinesse . And though it be but a sad way , yet if it will bring you into the presence of joy , although it be a valley of tears , although it be a shadow of death , yet if God will please to bring you , and make it a passage to that happinesse , welcome Lord . And I doubt not but God will give you a heart to taste some sweetnesse and love in this bitter potion , and to see somthing of mercy and goodnesse to you , and shew you some signe and token of good , so that your soule may see that which we have had already experience of ( blessed be God for it ) many experiences , many expressions , not onely in words , but tears ; God hath not left us without much comfort nor evidence , and I hope ( my Lord ) you that have given so many evidences to us , I hope you want none your selfe : but that the Lord will be pleased to uphold and support you , and bear up your spirit , and if there want evidence , there is reliance ; my security lies not in my knowing that I shall come to heaven , and come to glory , but in my resting and relying upon him : When the Anchor of Faith is throwne out , there may be shakings and tossings , but there is safety ; nothing shall interrupt safety , although somthing may interrupt security , my safety is sure , although I apprehend it not : and what if I go to God in the dark ? what if I come to him , as Nicodemus did , staggering in the night ? It is a night of trouble , a night of darknesse , though I come trembling and staggering in this night , yet I shall be sure to find comfort & fixednesse in him . And the Lord of heaven be the strength , stay , and the support of your soul , and the Lord furnish you with all those graces which may carry you into the bosome of the Lord Jesus , that when you expire this life , you may be able to expire it into him , in whom you may begin to live to all eternity ; and that is my humble prayer . — Holland . M. Bolton , God hath given me long time in this world ; he hath carried me through many great accidents of Fortune ; he hath at last brought me down into a condition , where I find my self brought to an end , for a disaffection to this State , to this Parliament , that ( as I said before ) I did believe no body in the world more unlikely to have expected to suffer for that Cause : I look upon it as a great judgment of God for my sins . And truly Sir , since that the death is violent , I am the lesse troubled with it , because of those violent deaths that I have seen before ; principally my Saviour that hath shewed us the way , how and in what manner he hath done it , and for what cause , I am the more comforted , I am the more rejoyced . It is not long since the King my Master passed in the same manner ; and truly I hope that his purposes & intentions were such , as a man may not be ashamed , not only to follow him , in the way that was taken with him , but likewise not ashamed of his purposes , if God had given him life . I have often disputed with him concerning many things of this kind , & I conceive his sufferings , & his better knowledg & better understanding ( if God had spared him life ) might have made him a Prince very happy towards himself , & very happy towards this Kingdom . I have seen and known , that those blessed Soules in heaven have passed thither by the gate of sorrow , & many by the gate of violence : and since it is Gods pleasure to dispose me this way , I submit my soul to him , with all comfort , and with all hope , that he hath made this my end , and this my conclusion , that though I be low in death , yet neverthelesse this lowness shal raise me to the highest glory for ever . Truly , I have not said much in publique to the People , concerning the particular actions that I conceive I have done by my counsells in this Kingdom ; I conceive they are well known ; it were somthing of vanity ( me thinks ) to take notice of them here ; He rather die with them , with the comfort of them in my own bosome ; and that I never intended in this action , or any action that ever I did in my life , either malice , or bloodshed , or prejudice to any creature that lives . For that which concernes my Religion , I made my profession before of it , how I was bred , and in what manner I was bred , in a Family that was looked upon to be no little notorious , in opposition to some liberties , that they conceived then to bee taken ; and truly , there was some marke upon mee , as if I had some taint of it , even throughout my whole wayes , that I have taken : every body knowes what my affections have beene , to many that have suffered , to many that have beene in troubles in this Kingdome , I endeavoured to relieve them , I endeavoured to oblige them , I thought I was tied so by my Conscience , I thought it by my charity , and truly very much by my breeding ; God hath now brought me to the last instant of my time , all that I can say , and all that I can adhere unto is this ; That as I am a great sinner , so I have a great Saviour , that as hee hath given mee heere a fortune , to come publiquely in a shew of shame in the way of this suffering ( truly I understand it not to bee so ) I understand it to bee a glorie , a glorie when I consider who hath gone before mee , and a glory when I consider I had no end in it , but what I conceive to bee the service of God , the King , and the Kingdome , and therefore my Heart is not charged much with any thing in that particular , since I conceive God will accept of the intention , whatsoever the action seeme to bee . I am going to die , and the Lord receive my Soule : I have no reliance but upon Christ , for my selfe I doe acknowledge that I am the unworthiest of sinners ; my life hath beene a vanity , and a continued sinne , and God may justly bring mee to this end , for the finnes I have committed against him , and were there nothing else , but the iniquities , that I have committed in the way of my Life , I looke upon this as a great justice of God to bring me to this suffering , and to bring mee to this punishment , and those Hands that have beene most Active in it , if any such there hath beene , I pray God forgive them , I pray God that there may not bee many such Trophees of their Victories , but that this may bee as I said before the last shew , that this people shall see , of the bloud of persons of Condition , of persons of Honor ; I might say something of the way of our Triall , which certainely hath beene as extraordinary , as any thing I thinke hath ever beene seene in this Kingdome ; but because that I would not seem as if I made some complaint I will not so much , as mention it , because no body shall believe I repine at their actions , that I repine at my fortune : It is the Will of God , it is the Hand of God under whom I fall , I take it intirely from him I submit my selfe to Him , I shall desire to roule my selfe into the Armes of my blessed Saviour , and when I come to this * place , when I bow downe my selfe there , I hope God will raise mee up , and when I bid farewell , as I must now to Hope and to Faith , that love will abide , I know nothing to accompany the soule out of this World but love , and I hope that love will bring me to the fountaine of glory in Heaven , through the Armes , Mediation , and the Mercy of my Saviour Iesus Christ , in whom I believe , O Lord help my unbeliefe . Hodges , The Lord make over unto you the righteousnesse of his owne Son , it is that treasury that hee hath bestowed upon you , and the Lord shew you the light of his countenance , and fill youful with his joy and kindnesse , O my dear Lord , the Lord of Heaven and Earth be with you , and the Lord of Heaven and Earth bring you to that safety . Holl. I shall make as much hast as I can to come to that glory , and the Lord of Heaven and Earth take my soule : I looke upon my selfe intirely in Him , and hope to finde mercy through Him , I expect it , and through that fountaine that is opened for sin , and for uncleannesse my soule must receive it , for did I rest in any thing else , I have nothing but sinne and corruption in mee ; I have nothing but that , which in stead of being carried up into the Armes of God and Glory , I have nothing but may throw me downe into Hell . Bolton , But my Lord , when you are cloathed with the righteousnesse of another you will appeare glorious , though now sinfull in yourselfe ; The Apostle saith , I desire not to be found in my owne Righteousnesse , and when you are cloathed with another , the Lord will owne you , and I shall say but thus much : doubt not that ever God will deny salvation to sinners , that come to him , when the end of all his death and sufferings was the salvation of sinners , when as I say the whole end , and the whole designe , and the great Work , that God had to doe in the world , by the death of Christ , wherein hee laid out all his Councels , and infinite wisedome , and mercy , and goodnesse , beyond which there was a Non ultra , in Gods thoughts , when this was the great designe , and great end , the salvation of sinners , that poor fooles should come over to him and live ; certainely when sinners come , hee will not reject , bee will not refuse . And my Lord , doe but think of this , the greatest work that ever was done in the World , was the blood of Christ that was shed , never any thing like it : and this blood of Christ that was shed , was shed for them that come , if not for them , for none , it was in vaine else : you see the Divells they are out of capacity of good by it , the Angels they have no need of it , wicked men will not come , and there are but a few that come over , and should hee denie them , there were no end nor fruit of the blood and sufferings of the Lord Jesus ; and had your Lordship beene with Christ in that bloody agony , when hee was in that bloody sweat , sweating drops of blood , if you had asked him . Lord what art thou now a doing , art thou not now reconciling an angry God and me together ? art thou not pacifying the wrath of God ? art thou not interposing thy selfe betweene the Justice of God and my soule ? Would hee not have said , yea : and surely then hee will not deny it now . My Lord his passions are over , his compassions still remaine , and the larger and greater , because hee is gone up into a higher place , that ●ee may throw downe more abundance of his mercy and grace upon you ; and my Lord , think of that infinite love , that abundance of riches in Christ : I am lost , I am empty , I have nothing , I am poore , I am sinfull : be it so , as bad as God will make me , and as vile as I possibly can conceive my self , I am willing to be : but when I have said all , the more I advance that riches , and honor that grace of God . And why should I doubt when by this he puts me into a capacity into a disposition for him to shew me mercy , that by this I may the better advance the riches of his grace , & say grace , grace , to the Lord , to all eternity , that God should owne such a Creature , that deserves nothing ; and the lesse I deserve , the more conspicuous is his Grace : and this is certaine , the riches of his Grace hee throweth amongst men , that the glory of his Grace might be given to himselfe , If wee can give him but the glory of his Grace , wee shall never doubt to partake of the riches of it , and that fulnesse , My Lord , that fulnesse bee your comfort , that fulnesse of mercy , that fulnesse of love , that fulnesse of righteousnesse and power bee now your riches , and your only stay , and the Lord interpose himselfe between God and you , as your Faith bath endeavored to interpose him between God and your soule ; so I doubt not but there he stands ( my Lord ) to plead for you , and when you are not able to do any thing your selfe , yet lie downe at the feet of him that is a mercifull Saviour and knowes what you would desire , and wait upon him while you live , trust in him when you die , there is riches enough and mercy enough , if hee open not , yet die at his doore , say their I 'le die , there is mercy enough . Holland . And here is the place where I lie down before him , from whence I hope he will raise me to an eternall Glory through my Saviour , upon whom I rely , from whom only I can expect mercy : into his Armes I commend my spirit , into his bleeding Armes that when I leave this bleeding body that must lie upon this place , he will receive that soule that ariseth out of it , and receive it into his eternall mercy , through the merits , through the worthinesse , through the mediation of Christ that hath purchased it with his own most precious blood . Bolton . My Lord , Though you conclude here , I hope you begin above , and though you put an end here , I hope there will never be an end of the mercy and goodnesse of God : and if this be the morning of Eternity , if this be the rise of Glory , if God pleaseth to throw you down here , to raise you up for ever : say , Welcome Lord ! welcome that death that shall make way for life , and welcome any condition that shall throw me down here , to bring me into the possession of Jesus Christ . Hodges . My Lord , If you have made a Deed of Gift of your selfe to Jesus Christ , to bee found only in him ; I am confident you shall stand at the day of Christ , My dear Lord , we shall meet in happinesse . Holland . Christ Jesus receive my soule , my soule hungers and thirsts after him ; cloud , are gathering , and I trust in God through all my heavinesse , and I hope through all impediments , he will settle my Interest in him , and throw off all the claime that Sathan can make unto it , and that he will carry my soule in dispight of all the calumnies , and all that the Devi'l , and Satan can invent , will carry it into eternall mercy there to receive the blessednesse of his presence to all Eternity . Hodges . My Lord , it was his own by Creation , it is his own now by Redemption , and purchase ; and it is likewise his own by resignation : O my Lord , look therefore up to the Lamb of God , that sits at the right hand of God , to take away the sinnes of the World , O that Lamb of God! Holland . That Lamb of God , into his hands I commit my soule : and that Lamb of God that sits upon the Throne to Judge those 24 that fall downe before him , I hope hee will bee pleased to look downeward , and judge me with mercy that fall downe before him , and that worship him , and that adore him , that onely ttusts upon his mercy , for his compassion ; and that as he hath purchased me , he would lay his claime unto me now , and receive me . Bolton . My Lord , think of this , there is no condemnation to them who are in Christ , who is it that can condemn , it is Christ that justifies ; and therefore look now upon this , ( My Lord , ) upon this Christ , upon this Christ that justifies : Hell , Death , Sinne , Sathan ; nothing shall be able to condemne , it is Christ that justifies you . Holland , Indeed if Christ justify , no body can condemne , and I trust in God , in his justification , though there is confusion here without us , and though there are wonders and staring that now disquiet , yet I trust that I shall be caried into that mercy , that God will receive my soule . Bolton , I doubt not my Lord but as you are a Spectacle and of pitty here , so you are an object of Gods mercy above . Holland , Then the Earle of Holland looking over among the people , pointing to a Souldier , sayd , This honest man took me prisoner , you little thought I should have beene brought to this , when I delivered my selfe to you upon conditions : and espying Captaine Watson on horse back putting off his hat sayd to him , God be with you Sir , God reward you Sir . Bolton , My Lord , throw your selfe into the Armes of mercy , and say , there I will Anchor , and there J will die , he is a Saviour for us in all conditions , whither should wee goe , hee hath the words of eternall life , and upou him do you rest , waite while you live , and even trust in Death . Holland . Here must now be my Anchor , a great Storm makes me finde my anchor ; and but in storms no body trust to their anchor , and therefore I must trust upon my anchor ( Upon that God , said Mr. Bolton , upon whom your Anchor trusts ) yea , God , I hope , will anchor my Soul fast upon Christ Jesus : and if I dye not with that clearness and that heartiness that you speak of , truly , I will trust in God , though he kill me , I will relie upon him , and in the Mercy of my Savior . Bolton . There is Mercy enough , my Lord , and to spare , you shall not need to doubt ; they shall never go begging to another door ( my Lord ) that come to him . Then the Earl of Holland speaking to Mr. Hodges , said , I pray God reward you for all your kindeness ; and pray as you have done , instruct my Family , that they may serve God with faithfulness , with holiness , with more diligence , then truly I have been careful to press them unto : You have the charge of the same place , you may do much for them , and I recommend them to your kindeness , and the goodness of your Conscience . Dr. Sybald standing by upon the Scaffold , in his passage to Col : Beecher , expressed himself thus to his Lordship : Dr. Sybald . The Lord lift up the light of his countenance upon you , and you shall be safe . Holland . Then the Earl of Holland embraced Lieut : Col : Beecher , and took his leave of him : After which , he came to Mr. Bolton , and having embraced him , and returned him many thanks for his great pains and affections to his soul , desiring God to reward him , and return his love into his bosom . Mr. Bolton said to him , The Lord God support you , and be seen in this great extremity ; The Lord reveal and discover himself to you , and make your death the passage unto eternal life — . Holland . Then the Earl of Holland turning to the Executioner , said , Here , my friend , let my Clothes and my Body alone , there is Ten pounds for thee , that is better then my Clothes , I am sure of it . Executioner . Will your Lordship please to give me a Sign when I shall strike ? And then his Lordship said , You have room enough here , have you not ? and the Executioner said , Yes . Bolton . The Lord be your strength , there is riches in him ; The Lord of Heaven impart himself to you , he is able to save to the uttermost : We cannot fall so low , as to fall below the everlasting Arms of God ; and therefore the Lord be a support and stay to you in your low condition , that he will be pleased to make this an advantage to that Life and glory that will make amends for all . Holland . Then the Earl of Holland turning to the Executioner , said , Friend , do you hear me , if you take up my Head , do not take off my Cap. Then turning to his Servants , he said to one , Fare you well , thou art an honest fellow ; and to another , God be with thee , thou art honest man : and then said , Stay , I will kneel down , and ask God forgiveness ; and then prayed for a pretty space , with seeming earnestness . Bolton . The Lord grant you may finde life in death . Holland . Which is the way of lying ? ( which they shewed him ) And then going to the front of the Scaffold , he said to the People , God bless you all , and God deliver you from any such accident as may bring you to any such death as is violent , either by War , or by these accidents , but that there may be Peace among you , and you may finde that these accidents that have hapned to us , may be the last that may happen in this Kingdom ; it is that I desire , it is that I beg of God , next the saving of my Soul : I pray God give all happiness to this Kingdom , to this People , and this Nation : and then turning to the Executioner , said , How must I lie ? I know not . Executioner . Lie down flat upon your belly : and then having laid himself down , he said , Must I lie closer ? Executioner . Yes , and backwarder . Holland . I will tell you when you shall strike ; and then as he lay , seemed to pray with much affection for a short space , and then lifting up his head , said , Where is the man ? and seeing the Executioner by him , he said , Stay while I give the Sign ; and presently after stretching out his hand , and the Executioner being not fully ready , he said , Now , now , and just as the words were coming out of his mouth , the Executioner at one blow severed his head from his body . The execution of the Lord of Holland being thus performed , the Lord Capel was brought to the Scaffold as the former , and in the way to the Scaffold , he put off his Hat to the people on both sides , looking very austerely about him : And being come upon the Scaffold , Lieut : Col : Beecher said to him , Is your Chaplain here ? Capel . No , I have taken my leave of him ; and perceiving some of his servants to weep , he said , Gentlemen , refrain your selves , refrain your selves ; and turning to Lieut : Col : Beecher , he said , What , did the Lords speak with their Hats off or on ? Lieut : Col : Beecher . With their Hats off : And then coming to the front of the Scaffold , he said , I shall hardly be understood here , I think , and then began his Speech as followeth . Capel . THe conclusion that I made with those that sent me hither , and are the cause of this violent death of mine , shall be the beginning of what I shall say to you : When I made an Address to them ( which was the last ) I told them with much sincerity , That I would pray to the God of all mercies , that they might be partakers of his inestimable and boundless mercies in Jesus Christ , and truly , I still pray that Prayer ; and I beseech the God of Heaven , forgive any injury they have done to me , from my soul I wish it . And truly , this I tell you , as a Christian , to let you see I am a Christian ; but it is necessary I should tell you somewhat more , That I am a Protestant : And truly , I am a Protestant , and very much in love with the profession of it , after the maner as it was established in England by the Thirty nine Articles ; a blessed way of profession , and such a one , as truly , I never knew none so good : I am so far from being a Papist , which some body have ( truly ) very unworthily at some time charged me withal , that truly , I profess to you , that though I love good works , and commend good works , yet I hold , They have nothing at all to do in the matter of Salvation ; my Anchor-hold is this , That Christ loved me , and gave himself for me , that is that that I rest upon . And truly , something I shall say to you as a Citizen of the whole world , and in that consideration I am here condemned to dye : Truly , contrary to the Law that governs all the world ; that is , The Law of the Sword : I had the protection of that for my life , and the honor of it ; but truly , I will not trouble you much with that , because in another place I have spoken very largely and liberally about it , I believe you will hear by other means , what Arguments I used in that case : But truly , that that is stranger , you that are English men , behold here an English man now before you , and acknowledged a Peer , not condemned to dye by any Law of England , not by any Law of England ; Nay , shall I tell you more ( which is strangest of all ) contrary to all the Laws of England that I know of . And truly , I will tell you , in the matter of the Civil part of my death , and the cause that I have maintained , I dye ( I take it ) for maintaining the fifth Commandment , injoyned by God himself , which injoyns reverence and obedience to Parents : All Divines on all hands , though they contradict one another in many several Opinions , yet all Divines on all hands , do acknowledge , that here is intended Magistracy and Order ; and certainly I have obeyed that Magistracy and that Order under which I have lived , which I was bound to obey ; and truly , I do say very confidently , that I do dye here for keeping , for obeying that fifth Commandment given by God himself , and written with his own finger . And now Gentlemen , I will take this opportunity to tell you , That I cannot imitate a better nor a greater ingenuity then his , that said of himself , For suffering an unjust judgement upon another , himself was brought to suffer by an unjust judgement . Truly Gentlemen , that God may be glorified , that all men that are concerned in it may take the occasion of it , of humble repentance to God Almighty for it , I do here profess to you , that truly I did give my Vote to that Bill of the E. of Strafford , I doubt not but God Almighty hath washed that away with a more precious blood , & that is , with the blood of his own Son , and my dear Savior Jesus Christ , and I hope he will wash it away from all those that are guilty of it ; truly , this I may say , I had not the least part nor the least degree of malice in the doing of it ; but I must confess again to Gods glory , and the accusation of mine own frailty , and the frailty of my Nature , that truly it was an unworthy Cowardize , not to resist so great a torrent as carried that business at that time . And truly , this I think I am most guilty of , of not courage enough in it , but malice I had none ; but whatsoever it was , God I am sure hath pardoned it , hath given me the assurance of it , that Christ Jesus his blood hath washed it away ; and truly , I do from my soul wish , That all men that have any stain by it , may seriously repent , and receive a remission and pardon from God for it . And now Gentlemen , we have had an occasion by this intimation to remember his Majesty , our King that last was ; and I cannot speak of him , nor think of it , but truly , I must needs say , That in my Opinion , that have had time to consider all the Images of all the greatest and vertuousest Princes in the world ; and truly , in my Opinion , there was not a more vertuous , and more sufficient Prince known in the world , then our gracious King Charls that dyed last : God Almighty preserve our King that now is , his Son ; God send him more fortunate and longer days ; God Almighty so assist him , that he may exceed both the vertues and sufficiencies of his Father : For certainly , I that have been a Counsellor to him , and have lived long with him , and in a time when discovery is easily enough made , for he was yong ( he was about thirteen , fourteen , fifteen or sixteen years of age ) those years I was with him , truly , I never saw greater hopes of vertue in any yong person then in him ; great Judgment , great Understanding , great Apprehension , much Honor in his Nature , and truly , a very perfect English man in his inclination ; and I pray God restore him to this Kingdom , and Unite the Kingdoms one unto another , and send a great happiness both to you and to him , that he may long live and Reign among you , and that that Family may Raign till thy Kingdom come , that is , while all Temporal Power is consummated : I beseech God of his mercy , give much happiness to this your King , and to you that in it shall be his Subjects , by the grace of Jesus Christ . Truly , I like my beginning so well , that I will make my conclusion with it , that is , That God Almighty would confer of his infinite and inestimable grace and mercy , to those that are the causers of my coming hither , I pray God give them as much mercy as their own hearts can wish ; and truly , for my part , I will not accuse any one of them of malice , truly I will not , nay , I will not think there was any malice in them ; what other ends there is , I know not , nor I will not examine , but let it be what it will , from my very soul I forgive them every one : And so , the Lord of Heaven bless you all , God Almighty be infinite in goodness and mercy to you , and direct you in those ways of obedience to his commands to his Majesty , that this Kingdom may be a happy and glorious Nation again , and that your King may be a happy King in so good and so obedient people ; God Almighty keep you all , God Almighty preserve this Kingdom , God Almighty preserve you all . Then turning about , and looking for the Executioner ( who was gone off the Scaffold ) said , Which is the Gentleman ? which is the man ? Answer was made , He is a coming ; He then said , Stay , I must pull off my Dublet first , and my Wastcoat : And then the Executioner being come upon the Scaffold , the Lord Capel said , O friend , prethee come hither : Then the Executioner kneeling down , the Lord Capel said , I forgive thee from my soul , and not only forgive thee , but I shall pray to God to give thee all grace for a better life : There is Five pounds for thee ; and truly , for my clothes and those things , if there be any thing due to you for it , you shall be very fully recompenced ; but I desire my body may not be stripped here , and no body to take notice of my body but my own servants : Look you friend , this I shall desire of you , that when I lye down , that you would give me a time for a particular short prayer . Lieut. Col : Beecher . Make your own sign , my Lord . Capel . Stay a little , Which side do you stand upon ? ( speaking to the Executioner ) Stay , I think I should lay my hands forward that way ( pointing foreright ) and answer being made , Yes ; he stood still a little while , and then said , GOD Almighty bless all this People , God Almighty stench this blood , God Almighty stench , stench , stench this issue of blood ; this will not do the business , God Almighty finde out another way to do it . And then turning to one of his Servants , said , Baldwin , I cannot see any thing that belongs to my wife ; but I must desire thee to beseech her to rest wholly upon Jesus Christ , and be contented and fully satisfied : and then speaking to his Servants , he said , God keep you ; and Gentlemen , let me now do a business quickly , privately , and pray let me have your Prayers at the moment of death , that God would receive my soul . Lieut. Col. Beecher . I wish it . Capel . Pray at the moment of striking , joyn your prayers , but make no noise ( turning to his Servants ) that is inconvenient at this time . Servant . My Lord , put on your Cap. Capel . Should I , what will that do me good ? Stay a little , is it well as it is now ? * And then turning to the Executioner , he said , Honest man , I have forgiven thee , therefore strike boldly ; from my soul I do it . Then a Gentleman speaking to him , he said , Nay , prethee be contented , be quiet good Mr. ___ be quiet . Then turning to the Executioner , he said , Well , you are ready when I am ready , are you not ? and stretching out his hands , he said , Then pray stand off Gentlemen . Then going to the front of the Scaffold , he said to the People , Gentlemen , though I doubt not of it , yet I think it convenient to ask it of you ; That you would all joyn in Prayers with me , That God would mercifully receive my soul , and that for his alone Mercies in Christ Jesus . God Almighty keep you all . Executioner . My Lord , shall I put up your hair ? Capel . I , I , prethee do ; and then as he stood , lifting up his hands and eyes , he said , O God , I do with a perfect and a willing heart submit to thy will : O God , I do most willingly humble my self : and then kneeling down , said , I will try first how I can lye ; and laying his head over the Block , said , Am I well now ? Executioner . Yes . And then as he lay with both his hands stretched out , he said to the Executioner , Here lies both my hands out , when I lift up my hand thus , * then you may strike . And then after he had said a short prayer , he lifted up his right hand , and the Executioner at one blow severed his head from his body , which was taken up by his servants and put ( with his body ) into a Coffin , as the former . FINIS . Notes, typically marginal, from the original text Notes for div A86997e-240 * Observing the Writers . * Looking towards M. Bolton . * Pointing to the Block . * As he was putting up his hair . * Lifting up his right hand . 
A87338	----	By the Lords, Justices, and Councell. Will. Parsons, Jo Borlase. Whereas a petition hath been preferred unto us, by divers Lords, and gentlemen of the English pale, ... Ireland. Lords Justices and Council. This text is an enriched version of the TCP digital transcription A87338 of text R209712 in the English Short Title Catalog (Thomason 669.f.3[23]). Textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. The text has been tokenized and linguistically annotated with MorphAdorner. The annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). Textual changes aim at restoring the text the author or stationer meant to publish. This text has not been fully proofread Approx. 3 KB of XML-encoded text transcribed from 1 1-bit group-IV TIFF page image. EarlyPrint Project Evanston,IL, Notre Dame, IN, St. Louis, MO 2017 A87338 Wing I703A Thomason 669.f.3[23] ESTC R209712 99868579 99868579 160581 This keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the Early English Books Online Text Creation Partnership. This Phase I text is available for reuse, according to the terms of Creative Commons 0 1.0 Universal . The text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. Early English books online. (EEBO-TCP ; phase 1, no. A87338) Transcribed from: (Early English Books Online ; image set 160581) Images scanned from microfilm: (Thomason Tracts ; 245:669f3[23]) By the Lords, Justices, and Councell. Will. Parsons, Jo Borlase. Whereas a petition hath been preferred unto us, by divers Lords, and gentlemen of the English pale, ... Ireland. Lords Justices and Council. 1 sheet ([1] p.) by the Society of Stationers, Imprinted at Dublin : [1641] Title from caption and opening words of text. Dated at end: Dublin, the 29. of October. 1641. Annotation on Thomason copy: "A declaration" at head of caption. Reproduction of the original in the British Library. eng Catholic Church -- Controversial literature. -- Early works to 1800. Treason -- Ireland -- Early works to 1800. Ireland -- History -- Rebellion of 1641 -- Early works to 1800. A87338 R209712 (Thomason 669.f.3[23]). civilwar no By the Lords, Justices, and Councell. Will. Parsons, Jo Borlase. Whereas a petition hath been preferred unto us, by divers Lords, and gentle Ireland. Lords Justices and Council. 1641 415 0 0 0 0 0 0 0 A This text has no known defects that were recorded as gap elements at the time of transcription. 2007-09 TCP Assigned for keying and markup 2007-11 Aptara Keyed and coded from ProQuest page images 2007-12 Mona Logarbo Sampled and proofread 2007-12 Mona Logarbo Text and markup reviewed and edited 2008-02 pfs Batch review (QC) and XML conversion HONI SOIT QVI MAL Y PENSE royal blazon or coat of arms By the Lords , Justices , and Councell . Will . Parsons , Jo Borlase . WHereas a Petition hath been preferred unto Us , by divers Lords , and Gentlemen of the English Pale , in the behalfe of themselves and the rest of the Pale , and others of the old English of this Kingdom ; shewing , That whereas a late conspiracy of Treason is discovered , of ill affected Persons of the old Irish , And that thereupon , a Proclamation was published by Us , wherein among other things , it is declar'd , That the said conspiracy was perpetrated by Irish Papists without distinction of any ; And they doubting by those generall words of Irish Papists , they might seem to be involved , though they declare themselves confident , that We did not intend to include them therein , in regard they are none of the old Irish , nor of their faction , or confederacy ; but they are altogether a verse and opposite to all their designes , and all others of like condition : We do therefore , to give them full satisfaction , hereby declare and publish , to all His Majesties good Subjects in this Kingdom , That by the words , Irish Papists , We intended only such of the old meer Irish in the Province of Vlster , as have plotted , contrived , and been actors in this Treason , and others who adhere to them ; And that We did not any way intend , or mean thereby any of the old English of the Pale , nor of any other parts of this Kingdom , We being well assured of the fidelities to the Crown , And having experience of the good affection and service of their Ancestors in former times of danger , and rebellion ; And We further require all His Majesties loving Subjects , whether Protestants , or Papists , to forbear upbraiding matter of Religion , one against the other . And that upon pain of His Majesties Indignation . Given at His Majesties Castle of Dublin , the 29 , of October . 1641. R. Rantlagh , R. Dillon , Anth. Midensis , Ad. Loftus , Geor. Shurley , Gerard Lowther , L. Temple , Fr. Willoughby , Ja. Ware . God save the King . Imprinted at Dublin by the Society of Stationers . 
A92688	----	A proclamation for apprehending several traitors and fugitives Proclamations. 1685-06-24 Scotland. Privy Council. 1685 Approx. 7 KB of XML-encoded text transcribed from 1 1-bit group-IV TIFF page image. Text Creation Partnership, Ann Arbor, MI ; Oxford (UK) : 2008-09 (EEBO-TCP Phase 1). A92688 Wing S1836 ESTC R230244 99895958 99895958 153571 This keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the Early English Books Online Text Creation Partnership. This Phase I text is available for reuse, according to the terms of Creative Commons 0 1.0 Universal . The text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. Early English books online. (EEBO-TCP ; phase 1, no. A92688) Transcribed from: (Early English Books Online ; image set 153571) Images scanned from microfilm: (Early English books, 1641-1700 ; 2370:36) A proclamation for apprehending several traitors and fugitives Proclamations. 1685-06-24 Scotland. Privy Council. James II, King of England, 1633-1701. 1 sheet ([1] p.) printed by the heir of Andrew Anderson, [Edinburgh : 1685] Imprint from Wing CD-ROM, 1996. At end of text: Given under our signet, at Edingburgh, the twenty fourth day of June, 1685. And of our reign the first year. Arms 237; Steele notation: Arms, tor manner. DFo copy, reel 2370, cropped with loss of imprint. Reproduction of original in the Folger Shakespeare Library, Washington, D.C.. Created by converting TCP files to TEI P5 using tcp2tei.xsl, TEI @ Oxford. Re-processed by University of Nebraska-Lincoln and Northwestern, with changes to facilitate morpho-syntactic tagging. Gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. EEBO-TCP is a partnership between the Universities of Michigan and Oxford and the publisher ProQuest to create accurately transcribed and encoded texts based on the image sets published by ProQuest via their Early English Books Online (EEBO) database (http://eebo.chadwyck.com). The general aim of EEBO-TCP is to encode one copy (usually the first edition) of every monographic English-language title published between 1473 and 1700 available in EEBO. EEBO-TCP aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the Text Encoding Initiative (http://www.tei-c.org). The EEBO-TCP project was divided into two phases. The 25,363 texts created during Phase 1 of the project have been released into the public domain as of 1 January 2015. Anyone can now take and use these texts for their own purposes, but we respectfully request that due credit and attribution is given to their original source. Users should be aware of the process of creating the TCP texts, and therefore of any assumptions that can be made about the data. Text selection was based on the New Cambridge Bibliography of English Literature (NCBEL). If an author (or for an anonymous work, the title) appears in NCBEL, then their works are eligible for inclusion. Selection was intended to range over a wide variety of subject areas, to reflect the true nature of the print record of the period. In general, first editions of a works in English were prioritized, although there are a number of works in other languages, notably Latin and Welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so. Image sets were sent to external keying companies for transcription and basic encoding. Quality assurance was then carried out by editorial teams in Oxford and Michigan. 5% (or 5 pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet QA standards were returned to the keyers to be redone. After proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of 100 instances per text. Any remaining illegibles were encoded as <gap>s. Understanding these processes should make clear that, while the overall quality of TCP data is very good, some errors will remain and some readable characters will be marked as illegible. Users should bear in mind that in all likelihood such instances will never have been looked at by a TCP editor. The texts were encoded and linked to page images in accordance with level 4 of the TEI in Libraries guidelines. Copies of the texts have been issued variously as SGML (TCP schema; ASCII text with mnemonic sdata character entities); displayable XML (TCP schema; characters represented either as UTF-8 Unicode or text strings within braces); or lossless XML (TEI P5, characters represented either as UTF-8 Unicode or TEI g elements). Keying and markup guidelines are available at the Text Creation Partnership web site . eng Fugitives from justice -- Scotland -- Early works to 1800. Crime -- Scotland -- Sources -- Early works to 1800. Criminals -- Scotland -- Sources -- Early works to 1800. Treason -- Law and legislation -- Scotland -- Early works to 1800. Broadsides -- Scotland 2007-07 TCP Assigned for keying and markup 2007-08 Apex CoVantage Keyed and coded from ProQuest page images 2007-09 Elspeth Healey Sampled and proofread 2007-09 Elspeth Healey Text and markup reviewed and edited 2008-02 pfs Batch review (QC) and XML conversion A PROCLAMATION For apprehending several Traitors and Fugitives . JAMES by the Grace of GOD , King of Great Britain , France and Ireland , Defender of the Faith , To _____ Macers of Our Privy Council , or Messengers at Arms , Our Sheriffs in that part , conjunctly and severally , specially constitute , Greeting : Forasmuch as Archibald Campbel late Earl of Argile ( that Arch and Hereditary Traitor ) having with some others his Accomplices and Associats , both of this and other Nations , Combined together , to disturb Our Government , and the Peace and Tranquillity of this Our Ancient Kingdom , and having Associated to themselves the Vile and Sacrilegious Murderers of James late Archbishop of St. Andrews , and even that Bloody Miscreant Rumbold the Maltster , who was to have embrued his hands in the Sacred Blood of Our dearest Brother , and to have been the Principal Actor of that Hellish Tragedy designed at the Ry in England : They pursuant to their Traiterous and wicked Plots and Designs , having Landed in some of Our Western and High-land Islands , and there Pillaged and Harrassed Our People for a considerable space bygone ; And now after all their desperate endeavours , It having pleased Almighty GOD to give Our Forces that good success over these Our Enemies , as to Defeat and totally Rout them ; many of whose chief Ring-leaders are now taken , and particularly the said Arch-traitor Archibald Campbel , Rumbold the Maltster , John Aleife , called Collonel Alcife , ( which last , out of the terrour of his Attrocious Guilt and Despair , endeavoured to kill himself after he was taken , by giving himself a Wound in the Belly with a Knife in the Prison of Our Burgh of Glasgow , ) and many others : And whereas there are severals of that Hellish Crew not yet taken , who may sculk and lurk in this our Realm with these of their Party , and be sheltered by disaffected Persons : And We being resolved to prosecute and pursue those execrable Rebels and Traitors , until they be apprehended and brought to condign punishment : Do hereby with Advice of Our Privy Council . Require and Command all Our good and loving Subjects , and particularly all Our Sheriffs and other Magistrats , and the Officers of Our standing Forces and Militia , to use their outmost endeavours for apprehending the saids Rebels and Traitors , and bringing them to Justice : And for that effect to convocat Our Liedges , and use all other Warlike Force against them : And for their encouragement , We hereby not only Indemnifie and fully Pardon them of any Blood , Slaughter , Mutilation , Fire-raising , or such like inconveniencies which may fall out in this Our Service ; But We do hereby promise and assure any person , or persons , who shall apprehend the persons underwritten , dead or alive , or discover them , so as they may be apprehended , the Rewards following , viz. For John Cochran , sometime called Sir John Cochran of Ochiltree ; Patrick Home , sometime called Sir Patrick Home of Polwart , forfaulted Traitors ; Archibald Campbel , Son to the Lord Neil Campbel ; Charles and John Campbels , Sons to the said Arch-Traitor Archibald Campbel ; _____ Pringle of Torwoo●lie ; Sir Duncan Campbel of Auchinbreck , and each of them the Sum of Eighteen Hundred Merks Scots Money ; for _____ Denholm of Westshiels ; and _____ Balfour , and _____ Fleming , Murderers and Assassins of the said late Arch-Bishop of St. Andrews ; William Cleaveland , called Captain Cleaveland ; and _____ Stewart , younger of Cultness , Grand-Child to Sir James Stewart , sometime Provost of Edinburgh , and each of them One Thousand Merks , Money foresaid ; for _____ Wishart , Master of one of the Ships , who came alongst with the said Arch-Traitor Archibald Campbel , Five Hundred Merks ; and for every Fanatical Preacher , who was with the saids Rebels , One Thousand Merks , Money foresaid . And We further Declare , that if any of Our Subjects shall be so desperately wicked , as to Harbour , Reset , Intertain , Intercommune , Converse , Correspond with , or Comfort any of the saids Persons , any manner of way , or shall not give Intelligence of them , or shall not give their Assistance against them , that they shall be holden , repute , treated , and demeaned as Art and Part of , and Accessory to the said horrid Crime of Treason and Rebellion against Us , and Our Royal Government , with the utmost severity of Law. And generally , We hereby Prohibite and Discharge all Our Subjects from Harbouring , Resetting , Lodging , or Intertaining any Person whatsoever , unless they have a Pass from these Authorized by Our former Proclamations to grant the same , as they will answer at their highest Peril . And that this Our Pleasure may be known to all Our Liedges , Our Will is , and we Charge you strictly , and Command , that incontinent , these Our Letters seen , ye pass to the Mercat-Cross of Edinburgh , Linlithgow , Stirling , Lanerk , Air , Renfrew , Rutherglen , Glasgow , Irving , Dum●artoun , Wigtoun , Kirk●udbright , Dumfreis , Inverarey , and all the other M●rcat-Crosses of the Head Burghs of the Shires of this Kingdom , and there , by open Proclamation , in Our Royal Name and Authority , make Publication of Our Pleasure in the Premises . And We further hereby Recommend to the Right Reverend Our Arch-Bishops , and Bishops , that they cause this Our Royal Proclamation be read from the Pulpits , by the Ministers of the several Paroches in their Diocesses respectivè , upon the first Lords Day after the same shall be delivered to them . Requiring hereby all Our Sheriffs to cause Publish and Deliver this Our Proclamation in manner above-said , immediatly after the same comes to their hands , as they will answer the contrary at their highest Peril . Given under Our Signet , at Edinburgh , the twenty fourth day of June , 1685. And of Our Reign the first Year . Per Actum Dominorum Secreti Concilij . COL . MACKENZIE , Cls. Sti. Concilij . GOD save the KING . 
A94462	----	A declaration of the Lords and Commons assembled in Parliament for the protection of Sir George Chudleigh, Sir John Northcott, Sir Samuel Rolle, and Sir Nicholas Martyn, in the countie of Devon, who have lately beene proclaimed traytors by his Majestie. England and Wales. Parliament. This text is an enriched version of the TCP digital transcription A94462 of text R211564 in the English Short Title Catalog (Thomason 669.f.5[118]). Textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. The text has been tokenized and linguistically annotated with MorphAdorner. The annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). Textual changes aim at restoring the text the author or stationer meant to publish. This text has not been fully proofread Approx. 3 KB of XML-encoded text transcribed from 1 1-bit group-IV TIFF page image. EarlyPrint Project Evanston,IL, Notre Dame, IN, St. Louis, MO 2017 A94462 Wing T1422 Thomason 669.f.5[118] ESTC R211564 99870280 99870280 160830 This keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the Early English Books Online Text Creation Partnership. This Phase I text is available for reuse, according to the terms of Creative Commons 0 1.0 Universal . The text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. Early English books online. (EEBO-TCP ; phase 1, no. A94462) Transcribed from: (Early English Books Online ; image set 160830) Images scanned from microfilm: (Thomason Tracts ; 245:669f5[118]) A declaration of the Lords and Commons assembled in Parliament for the protection of Sir George Chudleigh, Sir John Northcott, Sir Samuel Rolle, and Sir Nicholas Martyn, in the countie of Devon, who have lately beene proclaimed traytors by his Majestie. England and Wales. Parliament. 1 sheet ([1] p.) Decemb. 21. London printed for Iohn Wright in the Old-Bayly, [London] : 1642. May also have been printed as part of: True newes from Devonshire and Cornwall. Place of publication from Wing (2nd ed.). "Die Martis, 20 Decemb. 1642. It is further ordered by the Lords and Commons assembled in Parliament, that this declaration be forthwith printed, and published in all parish churches, and chappels, in the county of Devon, by the vicars, and curates thereof. Iohn Browne Cler. Parliament." Reproduction of the original in the British Library. eng Chudleigh, George, -- Sir, ca. 1578-1657 -- Early works to 1800. Martin, Nicholas, -- Sir, 1593-1653 -- Early works to 1800. Northcote, John, -- Sir, 1599-1676 -- Early works to 1800. Rolle, Samuel, fl. 1657-1678 -- Early works to 1800. Treason -- Great Britain -- Early works to 1800. Devon (England) -- History -- Early works to 1800. Cornwall (England : County) -- History -- Early works to 1800. Great Britain -- History -- Civil War, 1642-1649 -- Early works to 1800. A94462 R211564 (Thomason 669.f.5[118]). civilwar no A declaration of the Lords and commons assembled in Parliament: for the protection of Sir George Chudleigh, Sir John Northcott, Sir Samuel R England and Wales. Parliament. 1642 434 0 0 0 0 0 0 0 A This text has no known defects that were recorded as gap elements at the time of transcription. 2007-06 TCP Assigned for keying and markup 2007-06 Apex CoVantage Keyed and coded from ProQuest page images 2007-07 Emma (Leeson) Huber Sampled and proofread 2007-07 Emma (Leeson) Huber Text and markup reviewed and edited 2008-02 pfs Batch review (QC) and XML conversion A DECLARATION OF THE LORDS AND COMMONS ASSEMBLED IN PARLIAMENT : For the Protection of Sir George Chudleigh , Sir John Northcott , Sir Samuel Rolle , and Sir Nicholas Martyn , in the Countie of DEVON , who have lately beene Proclaimed Traytors by his MAJESTIE . WHereas his Majesty hath set forth and commanded to bee published in the Countie of Devon , divers printed Papers in the forme of Proclamations , whereby Sir George Chudleigh , Sir Iohn Northcott , Baronets , Sir Samuel Rolle , Sir Nicholas Martyn , Knights , persons wel-affected to the publique , are without any Processe of Law or judgement proclaimed Traytors , who have carefully performed their duties in assisting the Parliament , and opposing those wicked Councellors and Cavaliers about the King , which endeavour the distruction of our Religion , & desolation of this Land , The Lords and Commons in Parliament do Declare , that the said printed Papers in the forme of Proclamations , and the publishing thereof are against the Lawes of this Kingdome , and that such persons as have beene , or hereafter shall be proclaimed Traytors by the said printed Papers , or any others of the like nature , shall be defended and protected by the power and Authority of Parliament , from any damage or prejudice to their persons , or Estates , by reason or colour of any such printed papers , or proclamation heretofore published , or which shall be hereafter published or contrived against them , And the said Lords & Commons , do hereby strictly forbid the publishing of any such printed papers or Proclamations , & do Authorise and require all Officers , and others his Majesties good Subjects , to apprehend and to bring in safe Custody to the Parliament , and to seize the goods and profits of the Lands , to be accomptable for the same to both Houses of Parliament , all such persons as have already published , or which hereafter shall publish , any such printed Papers or Proclamations , to the end , they may receive due punishment for their Offences . Die Martis , 20. Decemb. 1642. IT is further Ordered by the Lords and Commons Assembled in Parliament , That this Declaration be forthwith Printed , and Published in all Parish Churches , and Chappels , in the County of Devon , by the Vicars , and Curates thereof . Iohn Browne Cler. Parliament . Decemb. 21. London Printed for Iohn Wright in the Old-Bayly . 1642. 
A96582	----	By the King and Queen, a proclamation. Marie R. Whereas Their Majesties have received information, that the persons herein after particularly named, have conspired together ad with divers other disaffected persons, to disturb and destroy their government, ... Proclamations. 1690-07-14 England and Wales. Sovereign (1689-1694 : William and Mary) 1690 Approx. 3 KB of XML-encoded text transcribed from 1 1-bit group-IV TIFF page image. Text Creation Partnership, Ann Arbor, MI ; Oxford (UK) : 2008-09 (EEBO-TCP Phase 1). A96582 Wing W2539 ESTC R230893 99896068 99896068 153762 This keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the Early English Books Online Text Creation Partnership. This Phase I text is available for reuse, according to the terms of Creative Commons 0 1.0 Universal . The text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. Early English books online. (EEBO-TCP ; phase 1, no. A96582) Transcribed from: (Early English Books Online ; image set 153762) Images scanned from microfilm: (Early English books, 1641-1700 ; 2377:19) By the King and Queen, a proclamation. Marie R. Whereas Their Majesties have received information, that the persons herein after particularly named, have conspired together ad with divers other disaffected persons, to disturb and destroy their government, ... Proclamations. 1690-07-14 England and Wales. Sovereign (1689-1694 : William and Mary) William III, King of England, 1650-1702. Scotland. Privy Council. 1 sheet ([1] p.) Printed at London, and re-printed at Edinburgh by the heir of Andrew Anderson, printer to Their most excellent Majesties, [Edinburgh] : 1690. Dated at end: Given at Our court at Whitehal, the 14.day of July, 1690. In the second year of Our Reign. Arms 241; Steele notation: the Majesties ut-. Reproduction of original in the Folger Shakespeare Library. Created by converting TCP files to TEI P5 using tcp2tei.xsl, TEI @ Oxford. Re-processed by University of Nebraska-Lincoln and Northwestern, with changes to facilitate morpho-syntactic tagging. Gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. EEBO-TCP is a partnership between the Universities of Michigan and Oxford and the publisher ProQuest to create accurately transcribed and encoded texts based on the image sets published by ProQuest via their Early English Books Online (EEBO) database (http://eebo.chadwyck.com). The general aim of EEBO-TCP is to encode one copy (usually the first edition) of every monographic English-language title published between 1473 and 1700 available in EEBO. EEBO-TCP aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the Text Encoding Initiative (http://www.tei-c.org). The EEBO-TCP project was divided into two phases. The 25,363 texts created during Phase 1 of the project have been released into the public domain as of 1 January 2015. Anyone can now take and use these texts for their own purposes, but we respectfully request that due credit and attribution is given to their original source. Users should be aware of the process of creating the TCP texts, and therefore of any assumptions that can be made about the data. Text selection was based on the New Cambridge Bibliography of English Literature (NCBEL). If an author (or for an anonymous work, the title) appears in NCBEL, then their works are eligible for inclusion. Selection was intended to range over a wide variety of subject areas, to reflect the true nature of the print record of the period. In general, first editions of a works in English were prioritized, although there are a number of works in other languages, notably Latin and Welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so. Image sets were sent to external keying companies for transcription and basic encoding. Quality assurance was then carried out by editorial teams in Oxford and Michigan. 5% (or 5 pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet QA standards were returned to the keyers to be redone. After proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of 100 instances per text. Any remaining illegibles were encoded as <gap>s. Understanding these processes should make clear that, while the overall quality of TCP data is very good, some errors will remain and some readable characters will be marked as illegible. Users should bear in mind that in all likelihood such instances will never have been looked at by a TCP editor. The texts were encoded and linked to page images in accordance with level 4 of the TEI in Libraries guidelines. Copies of the texts have been issued variously as SGML (TCP schema; ASCII text with mnemonic sdata character entities); displayable XML (TCP schema; characters represented either as UTF-8 Unicode or text strings within braces); or lossless XML (TEI P5, characters represented either as UTF-8 Unicode or TEI g elements). Keying and markup guidelines are available at the Text Creation Partnership web site . eng Treason -- England -- Early works to 1800. Traitors -- Early works to 1800. Great Britain -- History -- William and Mary, 1689-1702 -- Early works to 1800. 2007-06 TCP Assigned for keying and markup 2007-07 Apex CoVantage Keyed and coded from ProQuest page images 2007-08 Jason Colman Sampled and proofread 2007-08 Jason Colman Text and markup reviewed and edited 2008-02 pfs Batch review (QC) and XML conversion By the King and Queen , A PROCLAMATION . Marie R. Whereas Their Majesties have received Information , That the Persons herein after particularly Named , have Conspired together , and with divers other disaffected Persons , to disturb and destroy Their Government , and for that purpose have Abetted and Adhered to Their Majesties Enemies in the present Invasion , for which cause several Warrants for High Treason , have lately been Issued out against them ; but they have withdrawn themselves from their usual places of Abode , and are fled from Justice ; Their Majesties therefore have thought fit , by the Advice of Their Privy Council , to Issue this Their Royal Proclamation : And Their Majesties Do hereby Command and Require , all Their Loving Subjects to Discover , Take and Apprehend Edward Henry Earl of Litchfeild , Thomas Earl of Aylesbury , William Lord Montgomery , Roger Earl of Castlemaine , Richard Viscount Preston , Henry Lord Belasyse , Sir Edward Hales , Sir Robert Thorold , Sir Robert Hamilton , Sir Theophilus Oglethorp , Colonel Edward Sackvile , Lieutenant Colonel Duncan Abercromy , Lieutenant Colonel William Richardson , Major Thomas Soaper , Captain David Lloyd , William Pen Esq Edmund Elliot Esq Marmaduke La●gdale Esq and Edward Rutter , wherever they may be found , and to carry them before the next Justice of the Peace , or Chief Magistrat ; who is hereby required to Commit them to the next Goal , there to remain until they be thence delivered by due Course of Law : And Their Majesties Do hereby Require the said Justice , or other Magistrat , immediatly to give Notice thereof to Them , or Their Privy Council : And Their Majesties Do hereby Publish and Declare , to all Persons that shall Conceal the Persons above named , or any of them or be Aiding , or Assisting in the Concealing of them , or furthering their escape , that they shall be proceeded against for such their Offence , with the utmost Severity according to Law. Given at Our Court at Whitehal , the 14. Day of July , 1690. In the Second Year of Our Reign . God Save King VVilliam and Queen Mary . Printed at London , and Re-printed at Edinburgh by the Heir of Andrew Anderson , Printer to Their most Excellent Majesties ▪ 1690. 
A96583	----	By the King and Queen, a proclamation Mary R. Whereas Their Majesties have received information that the persons herein after particularly named, have conspired together, and with divers other disaffected persons, to disturb and destroy their government, ... Proclamations. 1692-05-09 England and Wales. Sovereign (1689-1694 : William and Mary) 1692 Approx. 3 KB of XML-encoded text transcribed from 1 1-bit group-IV TIFF page image. Text Creation Partnership, Ann Arbor, MI ; Oxford (UK) : 2008-09 (EEBO-TCP Phase 1). A96583 Wing W2550 ESTC R222468 99899416 99899416 153763 This keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the Early English Books Online Text Creation Partnership. This Phase I text is available for reuse, according to the terms of Creative Commons 0 1.0 Universal . The text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. Early English books online. (EEBO-TCP ; phase 1, no. A96583) Transcribed from: (Early English Books Online ; image set 153763) Images scanned from microfilm: (Early English books, 1641-1700 ; 2377:20) By the King and Queen, a proclamation Mary R. Whereas Their Majesties have received information that the persons herein after particularly named, have conspired together, and with divers other disaffected persons, to disturb and destroy their government, ... Proclamations. 1692-05-09 England and Wales. Sovereign (1689-1694 : William and Mary) Mary II, Queen of England, 1662-1694. William III, King of England, 1650-1702. 1 sheet ([1] p.) Printed at London and re-printed at Edinburgh, by the heir of Andrew Anderson printer to their most excellent Majesties, [Edinburgh] : 1692. Dated at end: "Given at our court at Whitehall the ninth day of May, 1692." For the apprehension of "Robert Earl of Scarsdale, Edward Henry Earl of Litchfield, Edward Lord Griffin" and others. Arms 242 Per- Destroy ac- Reproduction of original in the Folger Shakespeare Library. Created by converting TCP files to TEI P5 using tcp2tei.xsl, TEI @ Oxford. Re-processed by University of Nebraska-Lincoln and Northwestern, with changes to facilitate morpho-syntactic tagging. Gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. EEBO-TCP is a partnership between the Universities of Michigan and Oxford and the publisher ProQuest to create accurately transcribed and encoded texts based on the image sets published by ProQuest via their Early English Books Online (EEBO) database (http://eebo.chadwyck.com). The general aim of EEBO-TCP is to encode one copy (usually the first edition) of every monographic English-language title published between 1473 and 1700 available in EEBO. EEBO-TCP aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the Text Encoding Initiative (http://www.tei-c.org). The EEBO-TCP project was divided into two phases. The 25,363 texts created during Phase 1 of the project have been released into the public domain as of 1 January 2015. Anyone can now take and use these texts for their own purposes, but we respectfully request that due credit and attribution is given to their original source. Users should be aware of the process of creating the TCP texts, and therefore of any assumptions that can be made about the data. Text selection was based on the New Cambridge Bibliography of English Literature (NCBEL). If an author (or for an anonymous work, the title) appears in NCBEL, then their works are eligible for inclusion. Selection was intended to range over a wide variety of subject areas, to reflect the true nature of the print record of the period. In general, first editions of a works in English were prioritized, although there are a number of works in other languages, notably Latin and Welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so. Image sets were sent to external keying companies for transcription and basic encoding. Quality assurance was then carried out by editorial teams in Oxford and Michigan. 5% (or 5 pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet QA standards were returned to the keyers to be redone. After proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of 100 instances per text. Any remaining illegibles were encoded as <gap>s. Understanding these processes should make clear that, while the overall quality of TCP data is very good, some errors will remain and some readable characters will be marked as illegible. Users should bear in mind that in all likelihood such instances will never have been looked at by a TCP editor. The texts were encoded and linked to page images in accordance with level 4 of the TEI in Libraries guidelines. Copies of the texts have been issued variously as SGML (TCP schema; ASCII text with mnemonic sdata character entities); displayable XML (TCP schema; characters represented either as UTF-8 Unicode or text strings within braces); or lossless XML (TEI P5, characters represented either as UTF-8 Unicode or TEI g elements). Keying and markup guidelines are available at the Text Creation Partnership web site . eng Fenwick, John, -- Sir, 1645?-1697. Griffin of Braybrooke, Edward Griffin, -- Baron, d. 1710. Lichfield, Edward Henry Lee, -- Earl of, 1663-1716. Middleton, Charles Middleton, -- Earl of, ca. 1650-1719. Treason -- England -- Early works to 1800. Traitors -- Early works to 1800. 2007-06 TCP Assigned for keying and markup 2007-06 Apex CoVantage Keyed and coded from ProQuest page images 2007-08 Mona Logarbo Sampled and proofread 2007-08 Mona Logarbo Text and markup reviewed and edited 2008-02 pfs Batch review (QC) and XML conversion By the King and Queen , A PROCLAMATION ▪ Mary R. WHereas Their Majesties have received Information that the Persons herein after particularly Named , have Conspired together , and with divers other dissaffected Persons , to Disturb and Destroy Their Government , and for that Purpose have Abetted and Adhered to Their Majesties Enemies : For which Cause several Warrants for High Treason have lately been Issued out against them ; but they have Withdrawn themselves from their usual Places of Abode , and are fled from Justice ▪ Their Majesties have therefore thought fit ( by the Advice of Their Privy Council ) to Issue this Their Royal Proclamation , and Their Majesties do hereby Command and Require all Their Loving Subjects to Discover , Take and Apprehend Robert Earl of Scarsdale , Edward Henry Earl of Litchfield , Edward Lord Griffin , Charles Earl of Newburgh , Charles Earl of Middleton , Charles Earl of Dunmore , Lord Forbes , Eldest Son of the Earl of ●ranard , James Griffin Esq Sir John Fenwick , Sir Theophilus Oglethorpe , Sir Andrew Forrester , Collonel Henry Slingsby , James Graham Esq Orby , Second Son of Sir Thomas Orby , Deceased ; Collonel Edward Sackvile , Oliver St. George , Esq Son of Sir Oliver St. George ; Major Thomas S●aper , Charles Adderley Esq David Lloid Esq George Porter Esq Son of Thomas Porter Esq Deceased , and Edward Stafford Esq wherever they may be found ; and to Carry them before the next Justice of Peace , or Chief Magistrat , who is hereby Required to Commit them to the next Goal , there to Remain untill they be thence Delivered by due Course of Law. And Their Majesties do hereby Require the said Justice , or other Magistrat , immediatly to give Notice thereof to Them , or Their Privy Council . And Their Majesties do hereby Publish & Declare to all Persons that shall Conceal the Persons above Named , or any of them , or be Aiding and Assisting in the Concealing of them , or Furthering their Escape , that they shall be Proceeded against for such their Offence with the utmost Severity according to Law. Given at Our Court at Whitehall the Ninth Day of May , 1692. In the Fourth Year of Our Reign . God save King William and Queen Mary . Printed at London , and Re-printed at Edinburgh , by the Heir of Andrew Anderson Printer to their most Excellent Majesties , 1692. 
B05313	----	Act discharging boats, barks, or vessels from going to the Bass, or furnishing supplys thereto. Edinburgh, February 28. 1694. Scotland. Privy Council. 1694 Approx. 3 KB of XML-encoded text transcribed from 1 1-bit group-IV TIFF page image. Text Creation Partnership, Ann Arbor, MI ; Oxford (UK) : 2009-10 (EEBO-TCP Phase 1). B05313 Wing S1409 ESTC R226039 52528906 ocm 52528906 178924 This keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the Early English Books Online Text Creation Partnership. This Phase I text is available for reuse, according to the terms of Creative Commons 0 1.0 Universal . The text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. Early English books online. (EEBO-TCP ; phase 1, no. B05313) Transcribed from: (Early English Books Online ; image set 178924) Images scanned from microfilm: (Early English Books, 1641-1700 ; 2774:63) Act discharging boats, barks, or vessels from going to the Bass, or furnishing supplys thereto. Edinburgh, February 28. 1694. Scotland. Privy Council. 1 sheet ([1] p.) Printed by the heirs and successors of Andrew Anderson, Printer to their most excellent Majesties, Edinburgh : Anno Dom. 1694. Caption title. Initial letter. Signed: Gilb. Eliot Cls. Sti. Concilii. Reproduction of the original in the National Library of Scotland. Created by converting TCP files to TEI P5 using tcp2tei.xsl, TEI @ Oxford. Re-processed by University of Nebraska-Lincoln and Northwestern, with changes to facilitate morpho-syntactic tagging. Gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. EEBO-TCP is a partnership between the Universities of Michigan and Oxford and the publisher ProQuest to create accurately transcribed and encoded texts based on the image sets published by ProQuest via their Early English Books Online (EEBO) database (http://eebo.chadwyck.com). The general aim of EEBO-TCP is to encode one copy (usually the first edition) of every monographic English-language title published between 1473 and 1700 available in EEBO. EEBO-TCP aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the Text Encoding Initiative (http://www.tei-c.org). The EEBO-TCP project was divided into two phases. The 25,363 texts created during Phase 1 of the project have been released into the public domain as of 1 January 2015. Anyone can now take and use these texts for their own purposes, but we respectfully request that due credit and attribution is given to their original source. Users should be aware of the process of creating the TCP texts, and therefore of any assumptions that can be made about the data. Text selection was based on the New Cambridge Bibliography of English Literature (NCBEL). If an author (or for an anonymous work, the title) appears in NCBEL, then their works are eligible for inclusion. Selection was intended to range over a wide variety of subject areas, to reflect the true nature of the print record of the period. In general, first editions of a works in English were prioritized, although there are a number of works in other languages, notably Latin and Welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so. Image sets were sent to external keying companies for transcription and basic encoding. Quality assurance was then carried out by editorial teams in Oxford and Michigan. 5% (or 5 pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet QA standards were returned to the keyers to be redone. After proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of 100 instances per text. Any remaining illegibles were encoded as <gap>s. Understanding these processes should make clear that, while the overall quality of TCP data is very good, some errors will remain and some readable characters will be marked as illegible. Users should bear in mind that in all likelihood such instances will never have been looked at by a TCP editor. The texts were encoded and linked to page images in accordance with level 4 of the TEI in Libraries guidelines. Copies of the texts have been issued variously as SGML (TCP schema; ASCII text with mnemonic sdata character entities); displayable XML (TCP schema; characters represented either as UTF-8 Unicode or text strings within braces); or lossless XML (TEI P5, characters represented either as UTF-8 Unicode or TEI g elements). Keying and markup guidelines are available at the Text Creation Partnership web site . eng Maritime law -- Scotland -- Early works to 1800. Treason -- Scotland -- Early works to 1800. Broadsides -- Scotland -- 17th century. 2008-10 TCP Assigned for keying and markup 2008-12 SPi Global Keyed and coded from ProQuest page images 2009-01 Megan Marion Sampled and proofread 2009-01 Megan Marion Text and markup reviewed and edited 2009-02 pfs Batch review (QC) and XML conversion ACT Discharging Boats , Barks , or Vessels from Going to the Bass , or Furnishing Supplys there to . Edinburgh , February 28. 1694. THe Lords of Their Majesties Privy Coucil , being informed , that several of the Rebels who hold out the Isle and Rock of the Bass , are at present come , or driven ashore , and that by the late Storms , the Boats belonging to the saids Rebels are lost , which may prove an effectual mean of their Reduction , Do hereby strictly Command and Charge all Persons , Skippers , Owners , or Possessors of Boats , Barks , or other Vessels , great or small , residing and possessing the saids Boats , Barks , or Vessels , on either side of the Firth , from Stirling to St. Andrews upon the one side , and from Stirling to Berwick one the other side of the said Rock , that they carefully keep and secure the same , both Night and Day , from being either seized upon , Stollen , or otherways taken away by the saids Rebels , or any of them , or any other person for their use and service , under all highest pains ; and that neither they , nor any person whatsoever presume to Hire , Lend , or otherways furnish any Boat , Bark , or other Vessel to the saids Rebels , or any of them , or any other for their Use and Service , under the pains due to Corresponders with , and Supplyers of Rebels and Traitors . And farder , the saids Lords , Do hereby Renew and Assure the Promise of twenty pound Sterling , formerly made to any person who shall seize any of the saids Rebels wherever they may be found , and shall deliver the Person so seized to any of Their Majesties Officers , either Civil or Military . And they Ordain that these presents be Printed and Published at the Mercat-cross of Edinburgh , and also at all the Towns on the Coast of either side of the Firth within the bounds foresaid , that none pretend Ignorance . Extracted by me GILB . ELIOT Cls. Sti. Concilii . GOD save King VVilliam and Queen Mary . EDINBURGH , Printed by the Heirs and Successors of Andrew Anderson , Printer to Their most Excellent Majesties , Anno DOM. 1694. 
B05547	----	A proclamation, by the King and Queens Majesties. ... Whereas there have been several treasonable, and seditious designs and combinations, set on foot of late, in both our kingdoms, by persons enemies to the Protestant religion, and ill affected to our government ... Scotland. Privy Council. 1690 Approx. 4 KB of XML-encoded text transcribed from 1 1-bit group-IV TIFF page image. Text Creation Partnership, Ann Arbor, MI ; Oxford (UK) : 2009-10 (EEBO-TCP Phase 1). B05547 Wing S1712 ESTC R183420 52528945 ocm 52528945 179010 This keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the Early English Books Online Text Creation Partnership. This Phase I text is available for reuse, according to the terms of Creative Commons 0 1.0 Universal . The text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. Early English books online. (EEBO-TCP ; phase 1, no. B05547) Transcribed from: (Early English Books Online ; image set 179010) Images scanned from microfilm: (Early English Books, 1641-1700 ; 2775:81) A proclamation, by the King and Queens Majesties. ... Whereas there have been several treasonable, and seditious designs and combinations, set on foot of late, in both our kingdoms, by persons enemies to the Protestant religion, and ill affected to our government ... Scotland. Privy Council. 1 sheet ([1] p.) Printed by the heir of Andrew Anderson, Printer to the King and Queens most excellent Majesties, Edinburgh : Anno Dom. 1690. Caption title. Initial letter. Intentional blank spaces in text. Dated: Given under Our Signet at Edinburgh, the nineteenth day of June. And of Our Reign, the second year, 1690. Signed: Gilb. Eliot, Cls. Sti. Concilii. Ordering a search in Edinburgh for the correspondents of Henry Navail [sic] Pain. Reproduction of the original in the National Library of Scotland. Created by converting TCP files to TEI P5 using tcp2tei.xsl, TEI @ Oxford. Re-processed by University of Nebraska-Lincoln and Northwestern, with changes to facilitate morpho-syntactic tagging. Gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. EEBO-TCP is a partnership between the Universities of Michigan and Oxford and the publisher ProQuest to create accurately transcribed and encoded texts based on the image sets published by ProQuest via their Early English Books Online (EEBO) database (http://eebo.chadwyck.com). The general aim of EEBO-TCP is to encode one copy (usually the first edition) of every monographic English-language title published between 1473 and 1700 available in EEBO. EEBO-TCP aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the Text Encoding Initiative (http://www.tei-c.org). The EEBO-TCP project was divided into two phases. The 25,363 texts created during Phase 1 of the project have been released into the public domain as of 1 January 2015. Anyone can now take and use these texts for their own purposes, but we respectfully request that due credit and attribution is given to their original source. Users should be aware of the process of creating the TCP texts, and therefore of any assumptions that can be made about the data. Text selection was based on the New Cambridge Bibliography of English Literature (NCBEL). If an author (or for an anonymous work, the title) appears in NCBEL, then their works are eligible for inclusion. Selection was intended to range over a wide variety of subject areas, to reflect the true nature of the print record of the period. In general, first editions of a works in English were prioritized, although there are a number of works in other languages, notably Latin and Welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so. Image sets were sent to external keying companies for transcription and basic encoding. Quality assurance was then carried out by editorial teams in Oxford and Michigan. 5% (or 5 pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet QA standards were returned to the keyers to be redone. After proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of 100 instances per text. Any remaining illegibles were encoded as <gap>s. Understanding these processes should make clear that, while the overall quality of TCP data is very good, some errors will remain and some readable characters will be marked as illegible. Users should bear in mind that in all likelihood such instances will never have been looked at by a TCP editor. The texts were encoded and linked to page images in accordance with level 4 of the TEI in Libraries guidelines. Copies of the texts have been issued variously as SGML (TCP schema; ASCII text with mnemonic sdata character entities); displayable XML (TCP schema; characters represented either as UTF-8 Unicode or text strings within braces); or lossless XML (TEI P5, characters represented either as UTF-8 Unicode or TEI g elements). Keying and markup guidelines are available at the Text Creation Partnership web site . eng Pain, Henry Nevil, fl. 1690. Treason -- Scotland -- Early works to 1800. Catholics -- Legal status, laws, etc. -- Scotland -- Early works to 1800. Broadsides -- Scotland -- 17th century. 2008-05 TCP Assigned for keying and markup 2008-08 SPi Global Keyed and coded from ProQuest page images 2008-09 John Pas Sampled and proofread 2008-09 John Pas Text and markup reviewed and edited 2009-02 pfs Batch review (QC) and XML conversion A PROCLAMATION , By the King and Queens Majesties . WILLIAM and MARY , by the Grace of GOD , King and Queen of Great-Britain , France , and Ireland , Defenders of the Faith ; To Our Lovits , _____ Macers of Our Privy Council , Messengers at Arms , Our Sheriffs in that part , conjunctly and severally , specially Constitute , Greeting : Whereas there hath been several Treasonable , and Seditious Designs and Combinations , set on foot of late , in both Our Kingdoms , by Persons enemies to the Protestant Religion , and ill affected to Our Government , who have presumed to take Commissions from the late King James , intending not only to support the Rebellion in the Highlands of this Our Antient Kingdom , as appears by Bonds , Associations , and Letters , but likewise , to Form Parties , and to Creat Sedition and Commotion , in other places thereof ; To which end Henry Navail Pain , Prisoner in Our Castle of Edinburgh , a Traffecking Papist , was sent into this Kingdom , and seized in Annandale , and several of his Associats and Correspondents , have been by Our Warrand secured in Our Kingdom of England ; and there being clear Evidence of a Correspondence betwixt the said Pain and several persons in this Our Antient Kingdom , and there being many suspect and disaffected persons , lurking in , and about Our City of Edinburgh ; Therefore We , with Advice of Our Privy Council have thought fit for the Security of the Government , to cause Search be made in , and about the City of Edinburgh , for the Apprehending and Securing of several persons who have never acknowledged the Government now Established , and who are known to be persons disaffected and opposite thereto ; and because such persons will not be wanting to give sinisterous impressions of Our Procedure , and to insinuat in the minds of some , that there is great danger of an Insurrection , or Invasion , and in the apprehensions of others Our good Subjects , that they may be in hazard to be seized : Therefore We , with Advice of Our Privy Council , Have thought fit , to Issue forth this Proclamation , for the Information of Our good Subjects , and assure all who do live peaceably and dutifully , that they are , and shall be in perfect Security , and that We will give Our outmost Endeavour to Protect and Defend Our good Subjects , from the attempts of the Enemies of the Protestant Religion , and Our Government . Our Will is herefore , and We Charge you straitly and Command , that incontinent , these Our Letters seen , ye pass , and in Our Name and Authority , by open Proclamation , make Publication of the Premisses , at the Mercat-Cross of Edinburgh , and other places needful . Given under Our Signet at Edinburgh , the ninteenth Day of June . And of Our Reign , the second Year , 1690. Per Actum Dominorum Secreti Goncilii . GILB . ELIOT , Cls. Sti. Concilii . GOD Save King WILLIAM and Queen MARY . Edinburgh , Printed by the Heir of Andrew Anderson , Printer to the King and Queens most Excellent Majesties , Anno Dom. 1690. 
B05562	----	A proclamation discharging correspondence and commerce with France. Scotland. Privy Council. 1696 Approx. 3 KB of XML-encoded text transcribed from 1 1-bit group-IV TIFF page image. Text Creation Partnership, Ann Arbor, MI ; Oxford (UK) : 2009-03 (EEBO-TCP Phase 1). B05562 Wing S1743 ESTC R226071 52529269 ocm 52529269 179017 This keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the Early English Books Online Text Creation Partnership. This Phase I text is available for reuse, according to the terms of Creative Commons 0 1.0 Universal . The text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. Early English books online. (EEBO-TCP ; phase 1, no. B05562) Transcribed from: (Early English Books Online ; image set 179017) Images scanned from microfilm: (Early English Books, 1641-1700 ; 2776:6) A proclamation discharging correspondence and commerce with France. Scotland. Privy Council. Scotland. Sovereign (1694-1702 : William II) 1 sheet ([1] p.) Printed by the heirs and successors of Andrew Anderson, Printer to the Kings most excellent Majesty, Edinburgh : 1696. Caption title. Initial letter. Intentional blank spaces in text. Dated: Given under Our Signet at Edinburgh, the twenty first day of January, and of Our Reign the seventh year, 1696. Signed: Gilb. Eliot Cls. Sti. Concilii. Reproduction of the original in the National Library of Scotland. Created by converting TCP files to TEI P5 using tcp2tei.xsl, TEI @ Oxford. Re-processed by University of Nebraska-Lincoln and Northwestern, with changes to facilitate morpho-syntactic tagging. Gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. EEBO-TCP is a partnership between the Universities of Michigan and Oxford and the publisher ProQuest to create accurately transcribed and encoded texts based on the image sets published by ProQuest via their Early English Books Online (EEBO) database (http://eebo.chadwyck.com). The general aim of EEBO-TCP is to encode one copy (usually the first edition) of every monographic English-language title published between 1473 and 1700 available in EEBO. EEBO-TCP aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the Text Encoding Initiative (http://www.tei-c.org). The EEBO-TCP project was divided into two phases. The 25,363 texts created during Phase 1 of the project have been released into the public domain as of 1 January 2015. Anyone can now take and use these texts for their own purposes, but we respectfully request that due credit and attribution is given to their original source. Users should be aware of the process of creating the TCP texts, and therefore of any assumptions that can be made about the data. Text selection was based on the New Cambridge Bibliography of English Literature (NCBEL). If an author (or for an anonymous work, the title) appears in NCBEL, then their works are eligible for inclusion. Selection was intended to range over a wide variety of subject areas, to reflect the true nature of the print record of the period. In general, first editions of a works in English were prioritized, although there are a number of works in other languages, notably Latin and Welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so. Image sets were sent to external keying companies for transcription and basic encoding. Quality assurance was then carried out by editorial teams in Oxford and Michigan. 5% (or 5 pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet QA standards were returned to the keyers to be redone. After proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of 100 instances per text. Any remaining illegibles were encoded as <gap>s. Understanding these processes should make clear that, while the overall quality of TCP data is very good, some errors will remain and some readable characters will be marked as illegible. Users should bear in mind that in all likelihood such instances will never have been looked at by a TCP editor. The texts were encoded and linked to page images in accordance with level 4 of the TEI in Libraries guidelines. Copies of the texts have been issued variously as SGML (TCP schema; ASCII text with mnemonic sdata character entities); displayable XML (TCP schema; characters represented either as UTF-8 Unicode or text strings within braces); or lossless XML (TEI P5, characters represented either as UTF-8 Unicode or TEI g elements). Keying and markup guidelines are available at the Text Creation Partnership web site . eng Treason -- Scotland -- Early works to 1800. Grand Alliance, War of the, 1689-1697 -- Early works to 1800. Scotland -- Foreign relations -- France -- Early works to 1800. France -- Foreign relations -- Scotland -- Early works to 1800. Broadsides -- Scotland -- 17th century. 2008-05 TCP Assigned for keying and markup 2008-06 SPi Global Keyed and coded from ProQuest page images 2008-07 Mona Logarbo Sampled and proofread 2008-07 Mona Logarbo Text and markup reviewed and edited 2008-09 pfs Batch review (QC) and XML conversion A PROCLAMATION Discharging Correspondence and Commerce with France . WILLIAM by the Grace of God , King of Great-Britain , France , and Ireland , Defender of the Faith , To Macers of Our Privy Council , Messengers at Arms , Our Sheriffs in that part , conjunctly and severally , specially Constitute ; Greeting , Forasmuch as , albeit the Corresponding and keeping Commerce with our Enemies , against whom we are now in a State of War , is Discharged by several Laws and Acts of Parliament under the pain of Treason , and particularly by the eight Act of the third Session of this Our Current Parliament , all our Subjects are expresly Discharged to go to the Kingdom of France , or any of the Dominions subject to the French King , after the first Day of June one thousand six hundred and ninety three years , or being already in the said Kingdom of France , or Countries foresaid to stay or abide therein after the first day of August in the said year , without express Leave from Us , or the Lords of Our Privy Council , under the pain of Treason ; yet sundrie of Our Subjects presume to have Commerce , and to Correspond and keep Intelligence with Persons Residing in the said Kingdom of France , now in a State of War with Us , or Dominions thereto belonging , without Authority foresaid : Therefore , and to the effect , Our Subjects may know their Danger in the Premisses , if they shall for hereafter Transgress in manner foresaid ; We with Advice of the Lords of Our Privy Council , do strictly Prohibit and Discharge all and every one of Our Subjects within this Our Antient Kingdom to Correspond , keep Intelligence , or have any Commerce whatsomever with the said Kingdom of France , or Persons Residing within the same , or Dominions belonging to the French King , without Authority foresaid , under the Pain of being Punished as Corresponders with Declared Traitours , to the outmost Rigor ; Declaring hereby that this shall be without Prejudice of any former Acts made against Treason , or Treasonable Correspondencies , or the Punishment of such as have already incurred the Pains thereof . Our Will Is Herefore , and We Charge you strictly , and Command , that incontinent , thir Our Letters seen , ye pass to the Mercat Cross of Edinburgh , and remanent Mercat Crosses of the Head-burghs of the several Shires and Stewartries within this Our Kingdom : and there in Our Name and Authority by open Proclamation , make Intimation hereof , that none may pretend Ignorance . Given under Our Signet at Edinburgh , the Twenty first day of January , and of Our Reign the Seventh year , 1696. Per Actum Dominorum Secreti Concilii . GILB . ELIOT Cls. Sti. Coneilii . GOD Save the King. Edinburgh , Printed by the Heirs and Successors of Andrew Anderson , Printer to the Kings Most Excellent Majesty , 1696. 
A87908	----	Treason arraigned, in answer to Plain English; being a trayterous, and phanatique pamphlet, which was condemned by the Counsel of State, suppressed by authority; and the printer declared against by proclamation. It is directed to the Lord General Monck, and the officers of his army, &c. L'Estrange, Roger, Sir, 1616-1704. This text is an enriched version of the TCP digital transcription A87908 of text R203945 in the English Short Title Catalog (Thomason E1019_14). Textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. The text has been tokenized and linguistically annotated with MorphAdorner. The annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). Textual changes aim at restoring the text the author or stationer meant to publish. This text has not been fully proofread Approx. 82 KB of XML-encoded text transcribed from 18 1-bit group-IV TIFF page images. EarlyPrint Project Evanston,IL, Notre Dame, IN, St. Louis, MO 2017 A87908 Wing L1318A Thomason E1019_14 ESTC R203945 99863712 99863712 115923 This keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the Early English Books Online Text Creation Partnership. This Phase I text is available for reuse, according to the terms of Creative Commons 0 1.0 Universal . The text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. Early English books online. (EEBO-TCP ; phase 1, no. A87908) Transcribed from: (Early English Books Online ; image set 115923) Images scanned from microfilm: (Thomason Tracts ; 151:E1019[14]) Treason arraigned, in answer to Plain English; being a trayterous, and phanatique pamphlet, which was condemned by the Counsel of State, suppressed by authority; and the printer declared against by proclamation. It is directed to the Lord General Monck, and the officers of his army, &c. L'Estrange, Roger, Sir, 1616-1704. [3], 21, 21-28, 22-24, [1] p. [s.n.], London : printed in the year, 1660. By Sir Roger L'Estrange. Annotation on Thomason copy: "April 3". Reproduction of the original in the British Library. eng England and Wales. -- Council of State -- Early works to 1800. Treason -- England -- Early works to 1800. Great Britain -- Politics and government -- 1649-1660 -- Early works to 1800. A87908 R203945 (Thomason E1019_14). civilwar no Treason arraigned,: in answer to Plain English; being a trayterous, and phanatique pamphlet, which was condemned by the Counsel of State, s L'Estrange, Roger, Sir 1660 13421 159 0 0 0 0 0 118 F The rate of 118 defects per 10,000 words puts this text in the F category of texts with 100 or more defects per 10,000 words. 2007-04 TCP Assigned for keying and markup 2007-05 Apex CoVantage Keyed and coded from ProQuest page images 2008-07 John Latta Sampled and proofread 2008-07 John Latta Text and markup reviewed and edited 2008-09 pfs Batch review (QC) and XML conversion TREASON ARRAIGNED , In ANSWER to Plain English ; BEING A Trayterous , and Phanatique Pamphlet , which was condemned by the Counsel of State , Suppressed by Authority ; and the Printer declared against by Proclamation . It is directed to the Lord General Monck , and the Officers of his Army , &c. London , printed in the year , 1660. An Advertisement to the Reader . TAking notice of a Pestilent and Seditious Pamphlet ; Entitled PLAIN ENGLISH , &c. which is grown too Publique , notwithstanding the utmost Care and Prudence of the Counsel of State , and the Magistrates of the City , imployed to suppresse it ; I thought it my Duty to unmasque the Designe ; to prevent further mischiefs ; which might Arise , from the mistake , either of the Scope , or Reasonings of it . I should rather have Printed my Reply , single ; and only Quoted , what concerns my Purpose , but for these Reasons . First : That Infamous Paper , is already dispersed ; and the reprinting of it , with these Remarques upon it , I hope , will not Endanger the most partial or weak person , into whose hands it Falls . Next , I suppose it a more Equal , and Impartial way , to subject Both at once ; as liable to to a more strict examination . The Declaration ( which Hee draws out at length ) is neither My Concern , nor Subject . The Text , is all my businesse , and the extent of my Design , is , Honestly to serve my Country . To his Excellency the Lord General Monk , and the Officers of the Army under his Commaud . My Lord and Gentlemen , IT is written , The prudent shall keep silence in an evil time ; and 't is like , we also might hold our peace , but that we fear a knife is at the very throat , not only of our and your Liberties ▪ but of our persons too . In this condition , we hope it will be no offence , if we cry out to you for help ; you that ( thr ugh Gods goodness ) have helped us so often , and strenuously maintained the same Cause with us , against the return of that Family which pretends to the Government of these Nations . It is the publick interest and yours , that we hitherto fought for , and for which we now plead ; therefore we insist upon it with the greater confidence before you , because we are all equally concerned in the good or ill of your transactions : We cannot yet be perswaded , though our fears and jealousies are strong , and the grounds of them many , that you can so lull asleep your Consciences , or forget the publick Interest , and your own , as to be returning back with the multitude to Egypt , or that you should with them be hankering after the Leeks and Onions of our old bondage . Though it were possible you should forget , yet certainly God will not , all the injuries and oppressions done by that Family to his Church and people in these and other Nations : Though the Inscription [ Exit Tyrannus ] which was fixed over the place where the Statue of the late King formerly stood at the Exchange , hath been blotted out by the Rabble , yet it is written with the Pen of a Diamond in the hearts of many thousands , and will he so hereafter in the adamantine Rolls of Fame and History . No matter then , though the prophane Vulgar take a liberty to proclaim him both Saint and Martyr in the midst of there Bon-fires , and their Tipple . All the good fellows were ever at his Devotion , because he was for theirs , and commanded it to be observed upon the Sundays . But to the ▪ end it may be better known how goood a King , and how great a Saint he was , we have taken the boldness at this instant to offer you an accompt of some part of the transactions during his Reign : & because there are too many in the City who wait the good time to re erect his Statue , we desire in the fi●st place to present you his Picture , as it was drawn by a good hand , the Parliament , in the year 1647. at which time it was resolved upon the Qu●stion joyntly by the Lords and Commons in Parliament Ass●mbled , That they would make no further Addresses or Applications to the King , or receive any Message from him . Treason Arraigned , in Answer to Plain English , &c. SOme two dayes since , came to my view , a Bold , Sharp Pamphlet , call'd PLAIN ENGLISH — directed to the GENERAL , and his OFFICERS , &c. — It is a Piece , drawn by no Fool , and it deserves a serious Answer . — By the D sign ; — the Subject ; — Malice , and the stile ; I should suspect it for a Blot of the same Pen that wrote ICONOCLASTES . It runs foule ; — tends to Tumult ; — and , not content , Barely to Applaud the Murther of the King , the excrable Author of it vemits upon his Ashes ; with a Pedantique , and Envenom'd scorn , pursuing still his sacred Memory . Betwixt Him , and his Brother Rabshakeh , I think a man may venture to divide the glory of it ; It relishes the mixture of their united faculties , and wickedn●sse . As yet , 't is true ; the Hand is somewhat Doubtfull to us ; but the Drift , — Certain : and 't is as Clear from whence it first mov'd , as to what end it tends . It speaks the Rancour , and the Interest of the Rump ; be the Contrivance whose it will ; and , beyond doubt , It was written by some Mercenary to the Faction ; and That , by their Direction , and Appointment . 'T is too Malicious , for a private Passion ; and too Dangerous , for one that writes not , either for Bread , or Life . Take it in gross ; 't is an Alarm to all the Phanatiques in England ; couch'd under the specious notion of an Appeal to the General , and his Army , asserting , to all purposes , the Interests ; and Justifying the horrid Practices of the Regicide-Party . — It Remonstrates ; — Expostulates ; — Tempts ; — Threatens ; — Flatters ; — Begs ; — Prevaricates : and by all Artifices , toward all Humours , it moulds it self into an application suitable : — only upon the Blood , and Family of the late King ; it lashes out into an Impious , and Inhumane fury , sufficient to Disgrace , the Sober ( in comparison ) promoters of his Death ; and to Startle their very Consciences , that spilt his Blood with Pleasure . Nor does the Brutish Rebel only quitt the Man , in point of Tendernesse ; his Rage against the Royal Line , disturbs his Reason too . ( otherwise smooth enough to delude such as are not very well aware of him ) Whether it be the Agony , and Horrour of a Wounded Soul , which thus transports him ; or that , in these excesses , he only P●rsonates the last Convulsions of a Heart-broken Faction ; — It matters not : Thus much we may collect from his distempers ; That Rabble is , at this instant , upon a Combination , to Tumultuate the Army , and the People , and such as will not share the Guilt of their Conspiracy , they labour to engage within the Reach , and Danger of it . That we may better understand what they Design , wee 'll see a little what they say . This Pamphlet speaks the sense of the whole Gang ; and throughly Examined , will discover the frame , and the extent of their lewd Purposes . I look upon 't as an Affront to Christianity , and to Reasonable Nature ; so scandalous ; I vow to God , in Favour meerly of Humanity , I would suppresse it , were no more Copies extant of it : but 't is too late for That . The Countries are already Furnish'd ; and the Town yet full of them ; ( the singular , and early care of the Publique Magistrate to hinder it , notwithstanding ) so that it rests now , only to lay open the vile Interests of this bloody Faction , and Antidote the People against the danger of their Pestilent Infusions . Let Time produce the Author ; ( if it be lawfull to Prophane the Light with such a Monster ) The Matter only of this Licentious Paper must be my Subject . If wee must never be Quiet , till these People think themselves Safe , we must stay , till Divine Justice is dissolved ; — till they believe the word , and Power of God , a Fable ; — till they can Lay that Devil , Conscience ; — and Blot out of the Table of their Memoryes , all their Presumptuous outrages , both against Heaven , and Earth ; — till they can Quench those Raging Horrours which Exagitate their Souls ; — Remove those hideous Fantômes , that ( whereso'ere they fly ) pursue them , with the Images of those they have murther'd , Bleeding afresh : and when they think to Turn away their Looks from the Dire object , to the other side , they meet with a Remembrancer , that minds them of their Sacrilege , and Treason , and then they start again , another way ; and there , they meet a Sword drawn , to revenge their Perjuries . In fine , their Injuries are of a Large extent , and such , by Consequence , must be their Feares , ( while they persist in their Impenitence ) In this distresse , rather of Thought , than Danger ; of Terrour from within , rather than Violence , without ; They do well , to Implore the General's help , to save their Lives , that would have taken His : especially , obliging him ( in surplus ) with this additional respect : That they have made him Free of the Fanatiques ; — Embarqued him in the same Bottom with Themselves ; — and Finally , Involved the Honour , and the Saver of his Country , in common , with the Blemish , and the Pest of all mankind . Say , — MILTON ; NEDHAM ; either , or both , of you , ( or whosoever else ) — Say ; where this Worthy Person , ever mixt with you ? ( That is ; You , — or those that Employ you , and allow you wages ) more , than in order to those very Purposes , to which he still adheres , and from whence , you recede . The Return of that family , which pretends ( as this Tumbler phrases it ) to Govern us ; nor Was , nor Is the Question . The publique Interest , that He fought for , and you swore to ; — was the Preserving of our BIRTH-RIGHTS ; — the good old LAWS ; — his MAJESTIES REGAL AUTHORITY ; — the PRIVILEGES of PARLIAMENT ; and — ( read the old Declarations ) not to maintain a Canting Faction in the Army ; — a Py-bald Ministry ; — or which amounts to all ; — the Residence ; — the Errata's of an Honest Parliament . Again , to comply fairly with an Vniversal vote ; — That , does our Scribler call , forgetting of a publique Interest ; and keeping of the Covenant , or an Oath , is , with him , ●●lling of a man's conscience asleep . A desire to be well again , after a Cu●sed sit of the Spleen ( and ply'd with steel too ) of well-nigh Twenty years continuance , — our demy-Levite , — terms it a Hankering after our old Leeks , and O●yons . — Why Jack , or Mark , or Harry , — or , ( in fine ) any Body — Every man as he Likes : You 're for a Rump ; it may be . — I 'm for somewhat else . Believe me , I had ●ather Live poor ▪ and Honest ; than Hang Rich ; and Treacherous : — then give my self a turn in one of the King's old Houses . But — De Gustibus , non est Disputandum . I 'm sorry my first Page is Printed . — I shall be thought a Fool now , for suspecting our Plain English-man , of wit . Something there 's in his Vein , like Bottle-ale . Stir it ; — It Tumults , Sputters ; and at Last , it spends it self in Foam ; — but Nourishment , or Comfort , there 's none in 't . — The Fellow 's Jadish , Dull ; — out of his Beaten , and Known Rode ; but when he comes to raile against the King ; he 's in his Element . There , he 's a Through-pac'd , Egregious villain ; and yet a Stumbler ; but a false Step or two may be Allow'd him . This Formal Devil ; — how great an Honour does he to the Royal family , in his Reviling of it ! — The Injuries , and Oppressions it has done to Church , and People , trouble him sore . The Blotting out of — EXIT TYRANNUS , sticks in his stomach too ; but , tho' the Statue 's gone , the story shall stand firm ; there lyes his Consolation . Audacious Brute , ( the Blot , and the Deformity of Humane Race . ) During the War , the Nation lay opprest under the Common fate of an Intestine Broyl . The Quarrel was Disputed both with Pens , and Weapons , doubtfully , as to the Vulgar ; — among the wiser sort , some steerd their Course by Interest , or Passion ; others , resigned themselves , ( abstracted from all other thoughts ) to what they reckon'd Piety , and Reason . ( Thus far the Burthen seems divided . ) After this , the King 's made a Prisoner ; and his Party sunk ; now I Demand ; who has oppress'd us since ; but those that Swore , till then , they fought to save us ? If we look back beyond the War , our mischief there was , that we were better fed than Taught . We were Rich , Wanton , and Rebellious . But I begin to waver in my undertaking ; — I find I have a Wolf to deal with , not a man ; that preys upon the Dead . A Devil ! — whose Businesse is to Break the sacred Bonds of Vnity , and Order ; and to Calumniate virtue . Nor does it serve him ; the bare Murther of his Master , ( as it does other Beasts of Rapine , that leave the Carkasse , when they have Suck'd the Blood ) This wretch must descant , and Rhetoricate upon his Ashes , with an Audacious Petulanry : — Make Providence it self a Complicate ; and with a Comique sawcynesse , Place , or Displace ; — in Heaven , or Hell , as his Luxuriant Humour pleases . BRADSHAW ; this villain ranks among the Heroes ; ( and he deserves a Saints place in his Kalender ) — a man , of whom we dare not barely hope well ; so enormous was his Life , and so Conform , his Obstination in that Lewdnesse , to his Death . Whereas , that glorious Creature ; that Dy'd the object of this Monsters Insolence , and Rage ; — that Innocently suffered , what that Infamous Pageant-President as vilely Acted ; — that with a Primitive patience ; Piety ; Constancy , and Resignation , endured the Scorns , the Injuries , and Persecutions of his own Subjects ; and , at the last , received his Death , from their very Hands , in whose behalf he Dy'd . This Saint , and Martyr , ( BOTH ; beyond Controversie ; so far as we can Judge ) is by our Charitable Intelligencer Enroll'd in the Black List ; — Charged with Indevotion , and Intemperance ; so was our Saviour a Wine-bibber , a haunter too of Publicans , and Sinners : — to whose Inimitable example , ( I speak with Reverence , to God and Truth . ) both in his Life , and S●ffering , I do believe , the story of our Late Soveraign , bears the nearest Proportion of all others . — But 't is amid their Bon-fires , and their Tipple , ( this Misereant tells us ) that he 's Canonized : — and that his Maj●sty commanded Drinking as a Sunday exercise . The world that knew the King , know this to be a Lye ; ( but 't is our M●r●urie s Trade ; — 't is his Diana to amplifie a little for the publique good ) 'T is true , there were some Liberties allowed upon the Sabbath , which being mis-employed , were countermanded . How does this scandal both of Providence , and Society , scape Thunder , or a Dagger ! We shall now have the story of our King , and Saint : ( he saies ) and to usher in the re-erection of his Statue , his Picture first drawn by the PARLIAMENT in 1647. ( as our libello●s Pamphleter would perswade us● when the Vote passed both by Lords , and Commons , concerning Non-Addresses . I should be tedious to reply upon every particular in the Declaration he makes use of : But as to what concerns the needfull , and the proper Vindication of his Majesty ; together , with those worthy Members , whom this seditious Rump-whelp labours to involve in the same desperat , and exorbitant Proceedings with his ungracious Masters ; — In what concerns , I say , their Vindication , I shall be clear and punctual ; leaving the Judgement of the Controversie , to the impartial Reader . WE revive this the rather , ( says he ) because the memory of men being frail , cannot retain all particulars ; which is the reason ( we fear ) why so many formerly engaged against him as high as any , upon consc●entious accompts , both Religious and Civil , are staggering and backsliding , and have need of some quick and faithful Monitor to minde them of things past , and make them beware of the present , lest they return with the Rout , and cry , Let us make our selves a King again of that Family ; that Family which so cruelly persecuted us and our Brethren , and which still remains engaged by reason of State , and ancient Principles of Enmity and Interest , to plow up the old Furrows upon our backs , and re-deliver our persons and consciences into the hands of our old Tormenters ; and our men of might , and our Counsellours , to become sacrifices to the revenge of an implacable party . March on then , ( my Lord and Gentlemen , ) for believe it , there is in point of Safety no possiblity of retreat , and much less in point of Conscience or Honor ; For , if you respect Conscience , ( as we hope you do ) lay your hands upon your hearts , and tell us what hope you or we can have , that the reformed Religion and Cause will be protected and maintained by the Son , which was so irreligiously betrayed both at home and abroad by the Father . It may be you do not readily remember these things , nor how much blood was spilt by royal treachery , nor the manifold usurpations and designs by him projected and acted upon our Liberty , the like never done by any Prince before : and for Blood , the Scotish Ministers employed hither Anno 1644. proclaimed and published in Print , That the Late King had spilt more blood than was shed in the ten Heathen Persecutions of the Christians : and the Ministers of London , ( as we can shew you by several Prints of theirs ) declared , That satisfaction ought to be had for blood ; that he was a man of blood , and not capable of accommodation with the Parliament . We mention not this to upbraid them ; for , we reverence their antient Zeal in this particular , and humbly intreat them , as well as your Excellency , and the Officers , and all the good people of these Nations , to observe the forementioned Resolves of the Lords and Commons , which were introductory to that most noble Act of Justice afterwards executed upon the King . And that it may appear to be such , in despite of Ignorance and Envy , we have been bold here to present you in Print that most remarkable Declaration of the Commons assembled in Parliament , in pursuance of the said Resolve of both Houses , wherein they declare the Grounds and Reasons why they passed the Resolves of no further Address ; and therein you will see also , how well he deserved to lose his head , and his Family the Kingdom ; whose corrupt and irreconcilable interest had been the head and fountain of those Rivers of blood and misery which had flowed so many years about these Nations . TO help the memories of some , that may very well forget the things they never thought of ; & to reproach to others , their inconstancy , who , out of good intent at first engaged , and after That , convinced of their Original mistake , upon a better Light , relinquished ; there needs no better Monitor , than such a Person , whose Guilt and Desperation , transport him beyond all hopes of mercy ; — This man sollicites for his Head , when under the pretext of Conscience , he labours for a Party : and yet methinks he should not need . Alas ! hee 's but the Rump's Sollicitor , he pleads their Cause , takes their Fee , and vanishes . Impudent Creature , to presume to be afraid ; as if a Hangman would disgrace himself to meddle with him ! O'h that Family — That Family , puzzles our men of Might , or ( as the Droll words it ! ) our Counsellors , wonderfully . Now do I pha●sy the Fellow , this Bout , extremely : To see the Little Agitatour fall upon his P●litiques , betwixt flattery , and sawcyn●ss● , Half-Tutor , and Half-Parasite , with one eye up , and t'other down , accost the General . — My Lord , and Gentlemen , march on ; ( the word of Command ; a Noble Rogue ) for believe it , &c. — there 's no retreat , he tells them , either in point of safety , conscience , or honour , — and then the Whelp takes another snap at the King : as shamelesly , as senselesly , affirming , that the Reformed Religion , ( that is , ( as I suppose he means ) the Protestant ) and Cause , ( that is , the Peoples Laws and Liberties , ) was irreligiously betrayed by our late Soveraign ; who lost his Head in defence of one , and th'other ; the Caution he puts in against the Son is of the same alloy , a Person , so indulgent to his people , that out of his partic●lar Necessities , he yet relieved the English prisoners that were taken in Flanders ; although his Enemies ; and , in point of Conscience , further , so Tender , that he preserves the Church of England in the Dominions of the King of Spain : and still , his Honour , with his Religion . But let us a little examine his Instances , for he pretends now to proceed to proofs . The Scotish Ministers ( as he tells us ) proclaimed , and published in 1644. That the late King had spilt more blood than was shed in the Ten Persecutions of the Christians , — and the Ministers of London declared him a man of Blood , &c. — ( That is , the High Priests , and Officers , cryed out , saying , Crucifie him , crucifie him . ( That 's the Original . ) But to come closer to the Businesse , the Scotish , and the Scotch Ministers , are a clear different thing . Scotish , denotes the Antient Faction of the Nation , ( No Favourers of Kings , ) and Scotch , relates to their Nativity alone , abstracted from the Party . First , They were Argyle's Creatures , s●l●cted to promote Argyle's designs : So , not the Ministry of Scotland , but a Pack of Scotish Ministers . Next , of no more Authority to the Rump , against the King , than to the Nation , against the Rump , ( in whom , they are as much unsatisfied . ) The Ministers of London did as much , he sayes . That 's something truly ; till we consider what those Ministers were , and by whom , placed , and moulded , for that purpose . Marshall was the prime p●rson in the Agency betwixt the two Nations ; — He , that curs'd M●roz ; — He , that was sent Commissioner into Scotland ; taught them their L●sson , There , and then returning , taught some of our reputative Divines to sing the same Tune , Here . — This is the Man , that clos'd with Nye , when Presbytery went down ; and carried the 4. Bills to the King , at Carisbrook-Castle , for which , they had 500l . apiece . I could tell you of some more of the Gang , that ▪ under Question for confederacy with Love : after a due formality of seeking God , delivered , as upon accompt of Inspiration , that Oliver Protectour was the person ; and his the Government , of all that ever were , or should be , the most agreeable to God . This is not , to lessen the esteem of Holy Orders ; neither to fix a rash , irreverend Censure upon the Ministry : No man reveres the Character of a Churchman more than my self . But 't is to shew the World , how much our Pamphlet-Merchand is steer'd , by Interest , and Passion , and how little , by Reason , and Truth . The grinning Whelp , now , betwixt snarling , and fawning , would fain perswade the General , and his Officers , ( and all the World beside ) that the Resolve of Non-Addresses , by the Lords and Commons , was introductive to the Murther of the King . Murther , I say , that 's the Plain English of what he stiles — A most Noble Act of Justice ; His Methode lyes through direct Contradictions to the Universal Rules , of Logique , Truth , and Honesty . By this Insinuation , he charges that Exorbitance upon the two Houses , and draws an Inference , from the Impardonable Quality of that Action , to the Nec●ssity and Reason of pursuing it . This , he pretends to make appear , in spight of Ignorance , and ●nvy , from the Commons Declaration , in persuance of the Resolve of Both Houses , ●onteyning the Reasons , why no further Address ; and thence , proceeds to a Determination upon the Fathers Life , and the Son's Inheritance ; — as positively fixing , upon the King's Accompt , those Plagues this Nation has Endured ; as if the Graceless villain were of Counsel with the Eternal wi●edom . I shall observe in order ; and First ; I 'll prove , that the vote of Non-Addr●sse , was not properly an Act of the two Houses ; or if it were so , that it did not rationally direct to the King's Li●e . Secondly . T●at Declaration of the Commons , ( SINGLY ) decla●ing the Reasons of the resolve of Both Houses ( J●yntly ) does not amount either ●o a Justification , or Intention of taking the King's Life , — No ; not though I should g●ant the Members Free ; — which I cannot ; and the Authority Full : which I do not . — To the First . — They were under a force . — Upon a Debate in the Commons House , concerning the Kings Answer to the 4. Bills , presented to him Dec. 24. 1647. and debated ; Jan. 3. Commissary Ireton delivered ●imself after this manner . The King had deny'd safety , and Protection to his people , by denying the 4. Bills ; that Subjection to him , was but in lieu of his Protection to his People ; this being deny'd , they might well deny any more subjection to him , and settle the Kingdom without him : That is was now expected , after so long patience , they should shew their Resolution , and not desert those valiant men who had engaged for them , beyond all possibility of Retreat , and would never forsake the Parliament , un●esse the Parliament forsook them first From hence , naturally results the menace of the Army , in case the Parliament should forsake them ; and Ireton understood the Souldjery too well , to mistake them . — As yet ; ●ere's nothing Capital pretended against the King . After some more Debate , Cromwell urged ; — that it was now expected , the Parliament should govern , and defend the Kingdom , by their own Power , and Resolutions ; and not teach the people any longer , to exp c● safety , and Government from an obstinate man , whose heart God had hardened : That those men , who had def●nded the Parliament , f●om so many dangers , with the expe●ce of their Blood ; would defend them herein with Fidelity , and Courage , against all Opposition . Teach them not , by neglecting your own , and the Kingdoms safety , in which their own is Involved , to think themselves betray'd , and left hereafter to the rage , and malice of an irreconcileable enemy , whom they have subdued for your sake ; and therefore are likely to find his future Government of them Insupportable ; and fuller of Revenge , than Justice : * — left Despair teach them to séek their safety by some other means than adhering to you , — who will not stick to your selves ; how destructive such a Resolution in them will be to you all , I Tremble to think , and leave you to Judge . This Speech , concluded the debate ; and the better to Impresse his meaning , he laid his hand upon his Sword , at the end of it . If this be not a Force , what is ? the Power and Inclination of the Army , being the only moving Arguments to obtain the Vote . The Question was then put , and Carried , for no more Addresses . — But no pretence still that extends to Life . I shall appeal now to the Declaration it self ; to which our Regicidal Babbler refers the world for satisfaction . First , the Sectarians had stol'n a Vote , Jan. 4. to engarrison Whitehall , and the Mewes , ( the Lords , not mention'd in the case ) their manner of obtaining it , was This . 'T was Noon ; and the Independent Party call'd to Rise . The Presbyterians went their waies to Dinner : the Independents stayed , and did their Businesse . The Lords opposed the vote for non-Addresse ; ( 10. to 10. ) but the Engagement of the Army , cast it ; who sent a Declaration to the Commons , of thanks for their 4 Votes against the King , engaging to defend them with their Lives , &c. — Is this a Force yet ? Soon after this ; comes forth a Declaration , and Reasons , &c. Drawn by a Committee , appointed by the Independents &c. So that even That too , was a Piece , Contrived by the Designers of our Mischief , and by a Force , Extorted from the Sober rest , that would have Saved us . This appears , from the Interpose of the Presbyterians , to moderate the Eagernesse of it , upon the debate . The Last 4. lines of the said Declaration will be sufficient to stop the mouth of any Reasonable Person , as to the point of Life ; ( even without the Violence ; which undenyably produced the Rest . ) After an Enumeration of diverse Particulars objected against the King , The Declaration concludes Thus . These are some few , of the many Reasons , why we cannot repose any more Trust in him , and have made those former Resolutions ; ( meaning the 4. Votes , whereof that of non-Address was one ) yet we shall use our ut most Endeavours , to settle the present Government , as may best stand with the Peace , and Happinesse of this Kingdom ▪ This very Declaration touches not his life ; it is not said settle A present Government , but The — ; ( relating properly to an Amendment , not an Abolition ) Considering the Grammar of it ; I do not wonder much , at a Complyance , in some Measure , to an Indecency , in order to prevent a Greater Ill , that Threatened Them , and Vs : and That , was their design ; For when it came at last to the Result of Life , and Death , ( as then 't was evident , it amounted to no lesse ) Those Gentlemen , whom the Author of Plain English would willingly engage , as Complicates ; — those Gentlemen , I say , did then oppose themselves , against the Murtherous Faction , and voted for a Treaty , Dev. 4. Upon the 6. they were Imprisoned , and Affronted by the Army for their pains . — When the more moderate Party , was removed , the Rest were left at liberty to consummate the Kingdom's Ruine , and their own Damnation . Come I 'll go ●urther with the angry man ; — put case , these Gentlemen had gone yet Forward ; and dipp'd as deep as he could wish they had . Frailty is an inseparable from our nature . 'T is Humane to Transgress ; — 'T is Christian to Forgive , and 't is our Interest to Repent . He that delivers me by Designe , ' though but from that mis ▪ fortune which he himself engaged me in upon mistake ; — he is so sar from any Reason to apprehend my Revenge ▪ he ha's a Title to my Kindness : but our Incorrigil●e MONITOR , sets up his Rest upon a Final , Reprobated , Impenitence . 'T is the Will , Qualifies the Action . I have been Tedious , out of desire to be Clear : but I shall Hast●n , and Contract as much as possible . Having already proved the Declaration ( of the Reasons why no more Addresses ) to have been an evident contrivance of the Independent Faction , in the very Frame of it ; and Publish'd , while the Army stood to Dare , and over-awe the sober Party , that was likely to oppose it ; I do not hold my self concerned , in any further notice of the Particulars therein Conteined ; and which our Challenger produces , as an unanswerable Eviction , that the Late King , and his Family , deserved Death , and Extirpation . ( as , by and by , he tells you ) — Yet something shall be said , even to his Quaeres , thence extracted ( in due place ; ) but I must first unvtile him to the People ; and that , by laying open the Dilemna he proceeds upon . — He reasons Thus , My Businesse ( sayes he to himself ) must be to hinder an Agreement with the King . The Presbyterian party ( I 'm afraid ) enclines to 't . If he returns , we 're Lost : My own Soul tells me , we have sinn'd beyond Remission , and yet I see no way to hinder it neither . The Nation is united against us ; the Presbyterian abhors us , as much as the Royal Party does ; and the Army it self , begins to declare it self our Enemy . What 's to be done , must be , both Quick , and Home . These six waies lye before us . First the Army must be wrought into a Tumult . Secondly . The Presbyterian must be ( Right , or Wrong , ) involved with us in Guilt , and consequently in Danger . They must be made to share in the Blood of the Father , and in the Detestation of the Son , and be possessed , that there can be no sa●ety to Them , but in a Common Interest with our selves To this end , we may forge Letter's from Brussels . Suborn Witnesses to swear the King a Papist , &c. Thirdly . The Cavalier must be perswaded , that the Presbyter only designs to set up for himself ; and Arguments drawn from by-past , and mistaken Failings upon promise , to beget a Jealousie . The inconsistency of Episopal , with Presbyterian Principles must be objected , &c. Fourthly All Persons interessed in Estates , got by the War , must be engaged , for fear of losing them . Fifthly . The General himself , must be sollicited to take the Government upon him ; Promises urged ; no matter whether true , or false : If this won't do , A lvise him , as a Friend , to have a care of the City ; and lid the City look to him . Perplex them Both ; We 'll confound all the World , rather than perish . Lastly We may publish the Declaration , of the Reasons , for no f●rther Addresses : and try , if that way , we can either make a Party among themselves , or with the People . We may so bring it in , it shall be dangerous to reply upon , for fear of dis●●liging , and as unsafe , to let alone , for fear of seducing . Here 's t●e Dil●mma ; It will be answered , or it will not ; If it be , 't will startle the Presbyterian ; if otherwise , 't will puzzle the P●ople . I wish our Common Enemy would go this open way to work . Here 's the true State and Method of our Adversaries Thoughts , and Actions . Now to his Quaeres , wherein I shall be tender , how I revive Disputes , either unkind , or unseasonable ; and yet not wanting to my Vndertaking , That is , my Vndertaking to make evident , that his Fo●ndation is sandy , and the entire Structure composed of rotten Materials . ) I 'll take his — ( what shall I call them ? ) Suppositions , — Objections , Questions , — ( or call them what you will ) one by one , and reply upon them in his own Order . Here he begins , WOuld you see how and by whom the Irish Rebellion began , and upon whose score those unparallel'd barbarous Massacres of hundreds of thousands of the Protestants in Ireland , do lye ? NO , we would not see Now . We Question not , but you 'd be Kind enought to sh w us ; and cut our Throats here , just as those ▪ Rebels did their Fellow-Subjects there . ( For an ●r●sh Rebel , is but the Anagram of an English P●anatique . ) By whom now , is another Question , and a Harder . Beshrew me , ' ti● a P●ev●sh point . Why — the I●●sh Rebe●●ion , began , by the Irish Rebels : a● the English R●bellion , did by the English R●●els . I hope Commo●ions in Ir●land are no Miracles ; nor●i● it needfull to assign them any other reason , than the Humour of the Peopl● ? — Yet I 'll be civil to you . I speak my Soul , I do believe , the Irish Catholiques in that Rebellion which you point at , took flame at the Severity they apprehended , from some extraordinary Declarations against them here , previous to their Rebellion . This I must adde further , the King , ( for 't is at Him ▪ our Author's malice strikes ) at his Return from Scotland , did earnestly , and particularly recommend the care of Ireland to both Houses , in his Speech , Dec. 2d . 1641. upon the 14th . he pressed them once again , to the same purpose ; Adding , the great Necessity of Dispatch ; — the daily Cries , and Importunityes of the Irish Protestants , and offering all his Power and Interest toward their Relief , in these very Terms . ( See the Exact Collections , the 1. and 2. Speeches in the Book . ) That nothing may be omitted on my part , I must here take notice of the Bill for pressing of Soldiers ▪ now depending among you my Lords , concerning which I here declare , that in case i● come so to me , as it may not infringe or diminish my Prerogative , I will pass it . And further , seeing there is a Dispute raised ( I being little beholding to him whosoever at this time began it ) concerning the bounds of this antient and undoubted Prerogative , to avoid further debate at this time , I offer , that the Bill may passe with a Salvo jure , both for King and People , leaving such Debates to a time that may better bear it , &c. To conclude , I conjure you by all that is , or can be dear to you or me , that , laying away all Disputes , you go on chearfully & speedily for the reducing of Ireland . By whom , Ireland was tumulted , I do not know ; but that it was not by his Majesty , is most evident . Nor is there any Question , but the Massacres there committed , must lie upon the score both of the Actors , and Promoters of those crueltyes : who they are , when I know , I 'll tell you . WOuld you know who it was that interposed betwixt the Parliament and the Duke of Buckingham , and would not permit the Proofs to be made against him concerning the death of his own Father ? THis I shall satisfie you in . — A Letter was presented to the House from Thomas Haslerigg ( brother to Sir Arthur ) which was read ; to this Purpose . That there was one Mr. Smalling , a Committee-man of Leicester-shire , who had been a Deputy-examiner in the star-Chamber , And affirmed , that above twenty years since , there being a sute in star-Chamber , between the Earl of Bristol , Complainant , and the Duke of Buckingham , Defendant ; Concerning Physick , presumptuously administred by the said Duke , to King James ; the said Smalling took many Depositions therein , and was further proceeding in the Examinations , until a Warrant , signed by the King , was brought him , Commanding him to surcease , and to send him the Depositions already taken : which Smalling did ; yet kept notes by him of the principal passages , doubting what further proceedings might be hereafter in a businesse of such importance . Sir Henry Mildmay moved that Smalling be sent for , and examined upon Oath by the COMMITTEE that penned the said Declaration ; but upon motion of the Presbyterians he was ordered to be examined at the COMMONS-BAR . Smalling came , produced the Warrant , but no notes ▪ so this Chimera vanished . Tertio Caroli , this businesse had been ventilated , and examined against the Duke , and no mention made of Poysoning , or Killing King James . It was then only called , An Act of high Presumption , and Dangerous Consequence in the Duke , nor was there then the least Reflection upon KING CHARLES . ( See the History of Independency par . 1. p. 74. ) WOuld you hear who it was that made so light of Parliaments , killing them as soon as born , and making them a scorn by dissolution at pleasure ; and at length designed , and in fine drew sword against the very Parliamentary Constitution , after he had by imprisonments destroyed several eminent Patriots for their freedome of speech in the Parliament on the behalf of the Publick , and in particular , touching the death of his Father ? NO ; it needs not , I can tell you that . 'T was Cromwel , and the secluding Members . The RUMP ; That drew Sword against the very Parliamentary Const●ution . T●ey clap'd up Sir ● obert Pye and Major Fincher for but d●siring a 〈◊〉 P●rliament ; on the behalf of the Publique : sending thei●Troops abroad to seize , and Threatning ( them e●e● ) to 〈◊〉 all the Declarers . ( That which concern ▪ his Maj sti●'s Father , is spoken to already ) WOuld the Scots know who it was that designed them to be the first Subjects of Slavery in Spirituals and Civils who hated their very Nation ▪ though the Land of his Nativity ; who made a Pacification with them , with a ●rsa●be●ous in ent to break every Article ; and manifested it as so●n as he returned from Edinburg to London , giving special command to ●u●n the said Articles by the hand of the common H●ngman , and it was publickly done ? I 'll tell you that too : 'T was the old Argyle . — But hold you Sir . Touching the Treac●erous Intent , did he tell you his mind ? ● t I confesse , you are quick-sighted ; you could not see things else that have no Being ; — as your own Piety , and publique Tenderness● ; — You have approv'd your ●elve , Se●r●h●r● of Hearts indeed , witnesse your Sacrifi●es to your MOLOCH ( the Good old cause ) your Butcheries by Q●arterin● , and Embowelling poor Wretches , only upon Fri●olous , and I●congr●ous Circumstances : senselessely patch'd together by your Ridiculous , and Suborned sons o● B li●l . Because that your own Party , did resolve , at first to break a●l O●th●s ; and has been only True , in a Fidelity to Hell , an●Wicked●●ss ; you make no difficulty to measure others by your Impious selves ; — you Talk , and Act at such a R●te , a● if men were to be Damn'd upward ; — as if the 〈…〉 were a D l●sion ; Divinity an old wive's Tale ; and ( se●io sl● ) not halfso much Respect , is paid to the Two Ta●l●● of the D●calog●e as to the Orders of your C●ff — ho●s● . I shall not ra●el the T●ans●ction , sequent upon the P●cifi●ation yo● speak of . — But to your next . WOuld you hear the Cries of the blood of Rochel , and of his own people sacrificed in that Expedition to a forein Interest , and of all the Protestants in France , for his Barbarous betraying of them ? THe Rochel Expedition I 'm a stranger to ; so I suppose are you , that make the Challenge . But if you had told me of Jamaica ; or the Sound ; I should have understood you . WOuld you cast your eye on past miseries , and recollect the manifold intollerable Oppressions of people both in matter of Estate and Conscience , and compare them with the indulgencies at the same time towards Papists , yea and the designs laid to make use of Papists , to destroy both Parliaments and godly People together ? NOw you say something , surely . The manifold intollerable oppression of People in matter of Estate , and Conscience , &c. This I remember perfectly . Your Major-General-Archy was an admirable Form of Government : So was your Rumparchy . Clap a man up , and never let him know his crime , nor his Accuser , — declare a man uncapable of serving in Parliament , for having Bayes in his Window , or a Minc'd-Pye in Christmasse , sequester half the Nation , because they will not swear back and forward ; sell Free-born men by Thousands into Plantations ; and in fine , beside Excise and other Impositions Arbitrary , lay on the comfortable Load of 100000 l. a Month , upon a Begger'd Nation , and at the latter end of the day . ( Is this the Oppress●on your wise Worship intends ? ) Now for the matter of Conscience , I can help you out there too . To shorten , let the Oath of Abjuration serve for all You follow this with a sharp charge for making use of Papists . I could retort this , if I thought it valuable ; but frankly , in a War , the Subject of the Qusstion is not Religion , but Assistance . Nor do I ( tho' I might as well ) condemn your Party , ( that is , the Rump-men ) for the same practise . WOuld you understand the correspondencies maintained with , and the encouragements given to , the bloody Irish Rebels , for the ffecting his designe ; together with the correspondencies and Solicitations setled in forein Countries , to the same purpose , with all the Circumstances evincing the truth ? THis is the same thing again , shake Hands , and to the next . WOuld you be informed how often , and with how much solicitude the Parliament , notwithstanding all these things , did , for peace sake , in a manner prostitute themselves , and hazard the whole Cause , by appointing Treaty after Treaty , which he never entertained but with intent of treachery , and thereby frustrated all their good intentions and endeavours , before ever they passed the Votes of non-Adresse ? Then , we beseech you , read the following Declaration , and be satisfied to the full , whether or no the late King and his Family deserved death and extirpation . I Pr'ethee do not choak us with the venerable Sound of Parliament : I talk to you , and of that Mungrel-mixture you plead for . A Parliament cannot do amisse , ( be not too quick now ) they may have done Amisse , and the next Session may repeal or mend it . What they did , I don't Question : but what you say , will ( as I humbly conceive ) admit a Castigation . Look back upon your self ; These are your Words — Which he never enterteyn'd ( Treaty , that is , ) but with intent of Treachery , and , thereby frustrated their good Intentions , and Endeavours , before ever they passed the Votes of Non-Address . ) At this rate , you ground the Non-Address , upon the Kings Intention of Treachery . A Positive disclaim of your obedience , upon a Possible Dis-ingenuity in your Prince . Come , to cut short . Dare you say , that he promised , and failed ? That 's Treachery , to Betray a Trust : By this Rule of Proceeding , had you required his Life , and he refused ; you might have taken it : his Crime was only the Non-Concession of what you demanded ; and he gave his Reasons too for that Refusal . Well , but let 's come up to the Vote it self . I have already proved , that it concerns not the secluded Members ; and now I shall entreat you to Back my opinion , with a slip of your own Pen . Their honest strictness in the Negative , afterward , and their adhesion to it , through all extremities , speaks manifestly the Intention of the parly , and that acquirs them . 'T is your own Argument in your fourth expostulation , you charge his treaty with a treacherous intent , which you infer from a subsequent manifestation of himself by Action . But to dispatch , should I grant all you claim , yet did not the late King and his family , deserve death and extirpation , The premises will not amount to 't . Now if you please go on . As for our parts , we very well recount the Series of past transactions , and do remember that in February 1647. when the two Houses of Parliament passed their Resolves of making no further Address , but determined to lay him wholly aside , they never were in a greater state of security and freedom , never passed any thing with greater deliberation ; and never the least disturbance or alteration arose in either of the Houses against those Resolves , untill some Persons in the Commons House , otherwise affected , and who by procuring Elections of Persons fit for their turn to serve in Parliament , in vacant places , brought in new men of the Cavalier stamp ( as is known ) like themselves ; and thereby out-balancing the old Patriots , gained the Major Vote of the House ; and so with heat , and by design , obtained a revoking of those Resolves which had been passed by both Houses in a time of temper , upon most serious Consideration : so that though we shall not take upon us ex absoluto to justifie the interposure of the Souldiery afterwards , and their Exclusion of the Adverse Members ( it being a transcendent Act , not to be measured by ordinary Rule , and which nothing can justifie but Supreme necessity ) yet this we can truely say in their defence : In Judgement and Conscience there was so indispensible a necessity , that had they not interposed , those Principles and the Concernments of the Commonwealth , upon which the aforesaid Resolves of both Houses were founded , had been utterly shipwrackt , and the whole Cause and its Defenders most inevitably have sunk together ; seeing the same heady confidence in treaty was then given to the Father , which too many now encline to allow unto the Son , who were first engaged against them in the War , and held out to the time of the last treaty ; whom ( of all other men ) his party do hate upon that accompt ; and , if they had an opportunity , would be sure to make them fall the severest Sacrifices to the Revenge and Memory of his Fath r. THis is already sif●ed , and a little picking will serve the Turn here . A Cavalier , I find , is onely an Honest man that crosses a Fantan ; but the Old Patriots it seems , were the Minor part of the House ; and that 's enough to entitle the Nation to the Benefit of the Treaty resolved upon . For Sir ( if you 'l give us leave ) we 'l be governed by the Major part . It 's true , your Supreme necessity is a pretty popular Sophisme . But , As necessity has no Law , so is it none ; nor in any case pleadable against Law , but by the Judges of the Law , which at all hands , is confessed to be the Parliament , and the Major part of the Two Houses in conjunction with the King , have ever denominated That . I must needs take a little pains to correct the Centleman , in his next Fleere upon the Presbyterians . He hangs like a Cock-sparrow upon the aforesaid Resolves of both Houses ( which is but an old Trick of a laying Knaves Bastard at an Honest mans door ) and then he preaches most Infallible Destruction to the first engagers , whom the King will be sure to sacrifice to the Revenge and memory of his Father . This opinion , or rather suggestion of his , opposes all Principles of Honesty , Generosity , and Prudence , which fall within the latitude of the case . Nay , Taking for Granted , the very entrance upon the War Justifiable . There might be Then a Question , now there 's none . They intended onely a Reformation , here 's a Dissolution . A liberty was there Designed ; here 's an Intollerable slavery Imposed , Those quitted , when they saw their error ; These , for that very Reason , proceed . There is , in fine , this Difference ; one side would Destroy the King , the other would preserve him These , would Govern without Law , and the other would be governed by Law After all this peremptory rudeness at large ; he bethinks himself at last of an Apology to the General ; and now the Pageant moves . We urge not these things , with an intent to make the least reflection upon your Excellency , and our Brethren the Officers under your command , as if we suspected your sincerity and constancy , after so many plain and and pos●●ive Declarations against returning to our old Bondage under that Family which God so wonderfully cast out ●efore us , and wherein we are confident he , for his own Name and peoples sake , will never more take pleasure : but in regard the old Adversaries behave themselves insolently and proudly , and publikely give out , the time is coming wherein they shall satisfie their lusts u●o● us , we thought it convenient to whet your spirits with a repetition of these things , as we have done our own , that the world may see we yet own our Cause ; and do believe , that what we have done as Instruments in driving out that Family , we have done in Judgement and Conscience ; and that you take a convenient time to let men understand plainly that you also will continue of the same perswasion with us , for as much as there are none of the particulars charged upon the late King in the following Declaration , which would not , with many more , have been proved to his face by a Cloud of Witnesses , if be would have put himself upon tryal , when he was called to answer for his actions . ALas , good Gentleman ; you suspect the General ? No body can have such a Thought sure : you do but Mind him of his Duty now and then , Refresh his memory , and whet his spirits . He ha's declared himself against returning to our old bondage , under that Family which God so wonderfully cast out before you ; But not against the liberty ▪ and title of that Person whom God may , no less wonderfully , Bring in , before you : and , I suppose my confidence is better grounded , that the People will never more take pleasure in you ; then yours is , that God will take no pleasure in Him ; the Nation will as little endure the Rump , as you the King . But all this while , you Beg the Question , How comes the King to be mentioned ? The young man ( as your Gravity descends to call him ) he 's poor , and his Friends , Beggerly ; You have the Ballance of property on your side , my masters ; you 're safe enough then . I would advise you now to waite , and not Prejudge Authority . You 're to obey , not to Impose a Government . If you proceed to murmu●e , ●and shew your Teeth , when you cannot Bite , 't will be the worse for you . Indeed , your Good old Patriots will be the Minor vole again of the next Pa●liament , if you behave not your selves more mod●stly , the p●ople will suspect you ; for mutinous s●rvants prove but untoward masters . Monopolies , and some misgovernments were the True Cause , that engaged the well meaning people , in the Quarrel , not extirpation of both Laws and Governors . But if your Adversaries , do ( as you say ) grow proud and Insolent ; in such a case , you may be allowed , to whet your spirits ( ae you express your selves , any thing but your knives ; you were at that sport once ) your Judgement ▪ and your conscience we are satisfied in ; alas , the difference betwixt yours and ours , is but a Trifle . What we take to be slavvery , you call Freedom . — A Rebel in our Judgement , is a Patriote in yours . — Murther , a Sacrifice ; Robbing of Churches , in your soft opinion , is but unclothing of the Whore ; ( a thing the Rump's a little given to ) we term That sacriledge . One frailty I must needs take notice of among you , for all your talk of Providence , I find , your Arme of Flesh strikes a great stroke in your spiritual conflicts ; and when y' are worsted , you 'l take eggsfor your mony ; and Acquiesce , as well as your neighbors . This I observe to be one Article of your Faith , you argue from Divine Omnipotency , that Providence is ever on the stronger side . Suppose the Gentlemen of the Back side , should look on for a Fit now ; the Reyal Family ( you say ) God cast out before us : Who casts out these ? But to make all sure , you press the General , and his Officers to declare . , that they 'l continue of the same perswasion with you . ( This perseverance , I confess , is a main point ) you should do well to leave a note , where they may find you ; for you 're a little variable , and they 're a little shy of medling with those that are giv●n to change . You 're possibly , this day , resolved for a Republick ; tenext , for a Protector ; by and by , a Counsell of Officers , and then , a Committee of Safety . Come , come , Gentlemen , the Generall will be just , without your Counsels ; and steady , in despight of all your Arguments . Speak on . Give us leave ( we beseech you ) to add● one thing more , which we had almost forgotten , to shew the ●adnesse of those men that cancelled the Votes of Non-Address , and would have brought back the late King by the Isle of Wigh●-Treaty , and would now ( is they might have their wills ) bring in his Son by the like , viz. that at the very time when that Treaty was on foot , though this young man , who was then at Sea in the revolted Ships , declared all to be null which should be agreed on by his Father ; yet , hand over head , in they would have had him , as others would now restore the Son upon the very same termes which he so positively declared himself an enemy to in his Fathers dayes . Good God! what a spirit of slumber hach s●ised such men , who were once deeply engaged with us in the Common Cause , As for your Excellencie , far be it from us to entertain any suspition concerning you , supposing you must needs have upon your heart the true interest of Religion , and your own too ; and how much it is concerned in keeping out of that Family , whose restitution we believe God will not now permit unto any Designers , seeing he hath from time to time so signally blasted all former undertakings . As to what concerns Religion , you know what hath bin their Education and Depend●ncy abroad and should they return , 't is obvious , all other parties would be put upon their Guard to defend themselves against him and his Clergie at home ; and so all sorts of religious Parties , being constrained to combine for mutual preservation and liberty , the War will soon be renewed upon the point where it at first began . WHat pitty 't would have been , this Gentleman should have forgot a thing that never was , the King ( indeed ) sent an express to the City , the coppy whereof was carried to the House , by the Sheriffs , and some of the Common-Coun ell : 3. Aug. 1647. But not a syllable of what he mentions in it ; nor any thing that way tending , yet was it ea●erly debated , in Terminis , that the Pri●ce should be Declared a R●bell , and a Traytour . Among other Reasons , why it was laid by , one was , — the Covenant ; a second , was This , It would not do well ; to vote the Prince a Traytour , the same day , that messengers were sent to invite the King his Father to a Treaty . The clamorous puppy might bethink himself of better Language ; especially Addressing to an Eminent Person . The madness of those men ( he calls it ) that cancell'd the votes of non-Addresses , and would have sav'd the King , &c. — If all were mad that would have sav'd That King , or that love This , we should not find many sober Persons , in the Kingdom . This Fellow keeps so much stirr to cleer his Party of any jealousie , upon his Excellency , that he most evidently creates , and discovers one . How comes Religion now , To trouble our Atheistique Saints ! These Reprobates have violent taken the Father's life , and thrown the Son out of his Right and Dominions ; exposing him to the charity of Forreign Princes for a subsistence : and after this ; his Education abroad , is made an Argument by this Brute , against his Return , where will he be next now ? As to your own interest in the station where God hath placed you , 't is well known what the private sence and opinion of that Party is concerning your Excellency , because you have been an Instrument in keeping Scotland many years with so great vigilance and prudence , free from the attempts of that irreconcileable Enemy . Admit such a thing were possible , which some fancie , that you should be the man that would put the Crown again upon the head of that Family ; is it not plain what fate ( setting aside all other Considerations ) you might expect from a seeming reconciled Enemy , and a King too ? it being the guise of Kings ( as the Historians from innumerable Examples do observe ) ever to recompence with hate their most meritorious Servants ; making no difference in r●turn , betwixt the highest Obligation , and the greatest Injury . The examples are so frequent in our own Chronicles , as well as forreign , that he who runs may read it ; and 't is not proper here to recite them . JNdeed he 's hard put to 't , to make the danger out from the King , to the Generall , in case he should restore him . If there were nothing e●●e in 't , 't were enough , to make him Dear to the King , and to his Party , that he hates you . Do not Deceive your selves : He 'll be a scourge to the Phanatiques , and every soul that loves either Piety , or Peace will assist him . Do not mistake me n●ither . God forbid that all such as have either been misled by cunning practises ; or else transported by necessities , to seek a livelyhood by unlawfull means . God forbid ( I say ) that all without Distinction , should be marked with that Infamous Brand : No , I intend it onely of that Frantique crew , that preclude mercy , by Despising it : and persecute the Truth with a Determinate Malevolence and spite : But note , the man begins to soften . Alas , ( Sirs ) 't is not an Army that shall secure you , nor the power of the Militia that can secure our ancient Senators , ( if any who have been engaged can be so fond as to think of security ) for , let the Yong Man come in with freedom to encounter both Army and Militia with the hare title of King , and actuall possession of the Throne , the eyes of Army and Militia will soon be dazeled with the splendour of that Gay Thing , and fall down and worship at the sight and hope of the Kingdoms of this world , and the glory of them ; and then all Bonds of Agreement ( if any be ) will prove but Rushes . Oh , for God and his peoples sake , yea , and for the City of Londons sake , whom Charles the Father branded in his Papers with the Character of Disloyall and Rebellious City , ( though at that time most renowned in her actings se● an end to the expectations of malicious enemies , and staggering f●ien●s , by clearing up your selves , that we may see you in the light , vigorously asse●ting the good Cause of these Nations : yea , for the sake of Parliaments we ask it : and we doubt i● not at your hand , seeing the people are not like to be brought to contend any more for Parliaments , if after so long a Contest he should gain an ●pportunity of improving a possession of the Crown to an usurpation over the Priviledges and Majesty of Parliaments . THis Thing , I 'll lay my life , belongs to the Rump ; it is so much concern'd in the behalf of our Ancient Senatours . truly I 'm half of his mind , in what he sayes last . That is , I do believe , his Majesty would be made welcome ; But for faithless ; nothing but an Abjuring , Perjur'd villain would suspect him . See how that supple slave , is come about , now : how Arrantly the Rogue Beggs : Oh! for God , and his People's sake , and for the City of Londons sake . ( I am in earnest ; I must laugh before I can write on . ) Might not this fellow be laid hold of , upon the statute against sturdy Beggers , and lashed , he has absolutely turn'd a piece of one of the Rump ▪ Ballads into Prose . Nay my Lord ; ( cries the Brewers clerk ) good my Lord for the love of God ; Consider us and your self ; this poor Nation , and that Tyrant Abroad ; Don't leave us : but George gives him ▪ ashrug , instead of a nod . Come hang your self , Beg right , here 's your true method of Begging . — Oh for Tom. Scots sake ; for Haslerigs sake , for Robinson , Holland , Mildmay , Mounson , Corbet , Atkins , Van● , Livesey , Skippon , Milton , Tichbourn , Ireton , Gourden , Lechmore , Blagrave , Bare-bones , Nedhams sake , and to conclude ; for all the rest of our Impenitent Brethrens sakes , Help a company of poor Rebellious Devils ; that only for Murthering their Prince , destroying three Glorious Nations , Breaking the Bonds of Faith both with God and Men , Trampling upon Religion , and Laws ; exercising an Absolute ▪ Tyranny over their fellow Subjects — Endeavouring yet once more to engage their Native Country in Blood ; — to Alienate the Honest Souldjery from their Obedience , and in sine for Playing the Devil in Gods name ; are now in danger to Lose the Reward of all their virtues ; — The Possessions which they have acquired by violence , by a Malignant , and desperate design of Peace , and Settlement . This is the State of your Condition , and this should be the Form of your Application . Once more , and he bids you Farewell . BVt ( my Lord and Gentlemen ) leaving these things which touch only upon your worldly Interests and Concernments , we are hold to say , ( though the Jealousies of weaker Brethren be great and many ) we believe our selves to be sure of you , because we have your Souls as well as your personal interests at pawn for your fidelity to the Publick . We remember your Declaration sent f●rm Scotland to the Churches , and other Declarations at t●● same time . We might mind you , if it were needfull , how you have called God to witness , That the ground of your late undertaking in Scotland was , The vindication of the Liberties of the People , with the protection and encouragemens of the Godly and the Faithfull therein , &c. and that you have no intention or purposes to return to our old Bondage ; but that the Providence of God having made us free at the cost of so much blood , you will never be found so unfaithfull to God and his People ▪ as to lose so glorious a Cause ; but do resolve , with Gods assistance , to endeavour a maintainiug of our dear-purchased Liberties bot● Spiritual and Civil . But seeing these Declarations made before God , Angels and Men , ( as your selves have said ) do so much concern your Souls in the observation of them , that they cannot but be much upon your hearts ; therefore we me●●ion them , not as doubting you , or endeavouring to perswade you , but to ease our own minds , and to comfort the hearts of our Brethren , who have need to be comforted : And do wait for a good time when your Excellency shall break forth , and more visibly appear ( through all the Clouds of Fear and Jealousie ) a Defence and Protection ( through the goodnesse of God ) to all his people that fear him in these Nations ; and so their hearts universally will return unto you , in assurance whereof , and that you will be very much confirmed and encouraged after the reading of this Declaration , We remain , ( My LORD ) , Your Excellencies most faithfull Friends and Servants in the Common Cause . March 22. 1659. STill I perceive you 're sure ; and yet for your weak Brethren sake , yon mind his Excellency of a Pawn he has ingaged for his Fidelity to the Publique ( only his Soul ) in a Declaration , before God , Angels , and Men : that he hath no intent to return to his old Bondage . Why you Impudent sots ; does a Confederacie with a Peddling , little , Sniv'lling Faction , that would subvert Order , and Government , amount to a Fidelity to the publique ? or does the avoiding the Old Bondage you keep such a Coyle with , Imply the setting up a New , and more Tyrannical Impos●tion . In fine ; the mention of the King , proceeds from your own Guilt , and Fears , that have so much abused ●im . The General meddles not at all , to Impose upon us : but only stands betwixt Authority , and Violence . His Excellency refers all to the Appointment of such Persons as the People shall abuse , to Act in their behalf , and cannot in Honour , fide with a Party of Jugglers , that only call themselves our Representatives , and we disclaime . This is enough said to convince you and the World , where the Abuse lies ; Now , having eased your minds , ( in your own Language ) You may go ease yur Bodies too ; for I dismisse you ; and all 's but giving of the Rump a Purge . Cursed is he that removeth away his Neighbours Land-mark . FINIS . Notes, typically marginal, from the original text Notes for div A87908e-770 * Nota. 
B05591	----	A proclamation discharging the receipt of the rebels lately in armes in the VVest Scotland. Privy Council. 1666 Approx. 5 KB of XML-encoded text transcribed from 1 1-bit group-IV TIFF page image. Text Creation Partnership, Ann Arbor, MI ; Oxford (UK) : 2009-03 (EEBO-TCP Phase 1). B05591 Wing S1775 ESTC R183457 52612320 ocm 52612320 179624 This keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the Early English Books Online Text Creation Partnership. This Phase I text is available for reuse, according to the terms of Creative Commons 0 1.0 Universal . The text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. Early English books online. (EEBO-TCP ; phase 1, no. B05591) Transcribed from: (Early English Books Online ; image set 179624) Images scanned from microfilm: (Early English Books, 1641-1700 ; 2794:18) A proclamation discharging the receipt of the rebels lately in armes in the VVest Scotland. Privy Council. Scotland. Sovereign (1649-1685 : Charles II) 1 sheet ([1] p.) Printed by Evan Tyler, Printer to the King's most excellent Majesty, Edinburgh : 1666. Caption title. Royal arms at head of text; initial letter. Text in black letter. Dated at end: Given at Edinburgh the fourth day of December, and of Our Reign the eighteenth year, one thousand six hundred sixty six. Reproduction of the original in the National Library of Scotland. Created by converting TCP files to TEI P5 using tcp2tei.xsl, TEI @ Oxford. Re-processed by University of Nebraska-Lincoln and Northwestern, with changes to facilitate morpho-syntactic tagging. Gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. EEBO-TCP is a partnership between the Universities of Michigan and Oxford and the publisher ProQuest to create accurately transcribed and encoded texts based on the image sets published by ProQuest via their Early English Books Online (EEBO) database (http://eebo.chadwyck.com). The general aim of EEBO-TCP is to encode one copy (usually the first edition) of every monographic English-language title published between 1473 and 1700 available in EEBO. EEBO-TCP aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the Text Encoding Initiative (http://www.tei-c.org). The EEBO-TCP project was divided into two phases. The 25,363 texts created during Phase 1 of the project have been released into the public domain as of 1 January 2015. Anyone can now take and use these texts for their own purposes, but we respectfully request that due credit and attribution is given to their original source. Users should be aware of the process of creating the TCP texts, and therefore of any assumptions that can be made about the data. Text selection was based on the New Cambridge Bibliography of English Literature (NCBEL). If an author (or for an anonymous work, the title) appears in NCBEL, then their works are eligible for inclusion. Selection was intended to range over a wide variety of subject areas, to reflect the true nature of the print record of the period. In general, first editions of a works in English were prioritized, although there are a number of works in other languages, notably Latin and Welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so. Image sets were sent to external keying companies for transcription and basic encoding. Quality assurance was then carried out by editorial teams in Oxford and Michigan. 5% (or 5 pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet QA standards were returned to the keyers to be redone. After proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of 100 instances per text. Any remaining illegibles were encoded as <gap>s. Understanding these processes should make clear that, while the overall quality of TCP data is very good, some errors will remain and some readable characters will be marked as illegible. Users should bear in mind that in all likelihood such instances will never have been looked at by a TCP editor. The texts were encoded and linked to page images in accordance with level 4 of the TEI in Libraries guidelines. Copies of the texts have been issued variously as SGML (TCP schema; ASCII text with mnemonic sdata character entities); displayable XML (TCP schema; characters represented either as UTF-8 Unicode or text strings within braces); or lossless XML (TEI P5, characters represented either as UTF-8 Unicode or TEI g elements). Keying and markup guidelines are available at the Text Creation Partnership web site . eng Treason -- Scotland -- Early works to 1800. Broadsides -- Scotland -- 17th century. 2008-05 TCP Assigned for keying and markup 2008-06 SPi Global Keyed and coded from ProQuest page images 2008-07 Mona Logarbo Sampled and proofread 2008-07 Mona Logarbo Text and markup reviewed and edited 2008-09 pfs Batch review (QC) and XML conversion A PROCLAMATION Discharging the receipt of the REBELS lately in Armes in the VVest . CHARLES , by the Grace of GOD , King of Scotland , England , France and Ireland , Defender of the Faith , To all and sundry Our Lieges and Subjects whom these presents do or may concern , Greeting . Forasmuch , as upon the first notice given to Our Privy Council , of the rising and gathering of these disloyal and seditious persons in the West , who have of late appeared in Armes in a desperate and avowed Rebellion , against Us , Our Government and Laws , We declared them to be Traitors , and discharged all Our Subjects to assist , resset , supply , or correspond with any of them , under the pain of Treason : And the saids Rebels and Traitors being now , by the blessing of GOD upon Our Forces , subdued , dissipat and scattered , and such of them as were not either killed or taken in the field , being lurking in the Country ; and we being unwilling that any of Our good Subjects should be insnared or brought in trouble by them , we have therefore , by the advice of Our Privy Council , thought fit again hereby to discharge and inhibite all Our Subjects , That none of them offer or presume to harbour resset , supply or correspond , hide or conceal the persons of Colonel James Wallace , Major Lermonth , Maxwel of Monrief younger , Mackclellan of Barscob , Gordoun of Parbrek , Mackclellan of Balmagechan , Cannon of Burnshalloch younger , Cannon of Barley younger , Cannon of Mordrogget younger , Welsh of Skar , Welsh of Cornley , Gordoun of Garery in Kells , Robert Chambers Brother to Gadgirth , Henry Grier in Balmaclelan , David Stot in Irongray , John Gordoun in Midtoun of Dalry , William Gordoun there , John Macknacht there , Robert and Gilbert Cannons there , Gordoun of Bar elder in Kirkpatrick-Durham , Patrick Macknacht in Cumnock , John Macknacht his Son , Gordoun of Holm younger , Dempster of Carridow , of Dargoner , of Sundiwall , Ramsay in the Mains of Arnistoun , John Hutcheson in Newbottle Rew Chaplain to Scotstarbet , Patrick Listoun in Calder , William Listoun his Son , James Wilkie in the Mains of Cliftoun-hall , the Laird of Caldwell , the Goodman of Caldwell , the Laird of Kersland , the Laird of Bedland-Cunninghame , Porterfield of Quarreltoun , Alexander Porterfield his Brother , Lockhart of Wicketshaw , Trail , Son to Mr. Robert Trail , David Poe in Pokelly , Mr. Gabriel Semple , John Semple , Mr. John Guthry , Mr. John Welsh , Mr. Samuel Arnot , Mr. James Smith , Mr. Alexander Pedden , Mr. Orr , Mr. William Veitch , Mr. Patton , Mr. Cruikshanks , Mr. Gabriel Maxwel , Mr. John Carstairs , Mr. James Mitchel , Mr. William Forsyth , Or any others who concurred or joyned in the late Rebellion , or who upon the account therof have appeared in Armes in any part of that Our Kingdom ; but that they pursue them as the worst of Traitors , and present and deliver such of them as they shall have within their power to the Lords of Our Privy Council , the Sheriff of the County , or the Magistrates of the next adjacent Burgh-royal , to be by them made forthcoming to Law : Certifying all such as shall be found to fail in their duty herein , they shall be esteemed and punished as favourers of the said Rebellion , and as persons accessory to , and guilty of , the same . And to the end , all Our good Subjects may have timeous notice hereof , we do ordain these presents to be forthwith printed and published at the Mercat-crosses of Edinburgh , Air , Lanerk , Glasgow , Irwing , Wigtoun , Kirkcudburgh , Dumfries , and remanent Mercat-crosses of Our said Kingdom : And we do recommend to the Right Reverend Our Archbishops and Bishops , to give orders that this Our Proclamation be with all possible deligence read on the Lords-day in all the Churches within their several Diocesses . Given at Edinburgh the fourth day of December , and of Our Reign the eighteenth year , one thousand six hundred sixty six . Edinburgh , Printed by Evan Tyler , Printer to the King 's most Excellent Majesty , 1666. 
B05640	----	A proclamation for apprehending the persons after-named, as having been in France contrair to the acts of Parliament. Scotland. Privy Council. 1696 Approx. 6 KB of XML-encoded text transcribed from 1 1-bit group-IV TIFF page image. Text Creation Partnership, Ann Arbor, MI ; Oxford (UK) : 2009-10 (EEBO-TCP Phase 1). B05640 Wing S1840 ESTC R183501 52528975 ocm 52528975 179070 This keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the Early English Books Online Text Creation Partnership. This Phase I text is available for reuse, according to the terms of Creative Commons 0 1.0 Universal . The text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. Early English books online. (EEBO-TCP ; phase 1, no. B05640) Transcribed from: (Early English Books Online ; image set 179070) Images scanned from microfilm: (Early English Books, 1641-1700 ; 2776:59) A proclamation for apprehending the persons after-named, as having been in France contrair to the acts of Parliament. Scotland. Privy Council. Scotland. Sovereign (1694-1702 : William II) 1 sheet ([1] p.) Printed by the heirs and successors of Andrew Anderson, Printer to his most excellent Majesty, Edinburgh : Anno Dom. 1696. Caption title. Initial letter. Intentional blank spaces in text. Dated: Given under Our Signet at Edinburgh, the twelfth day of March, and of Our Reign the seventh year, 1696. Signed: Gilb. Eliot, Cls. Sti Concilii. Reproduction of the original in the National Library of Scotland. Created by converting TCP files to TEI P5 using tcp2tei.xsl, TEI @ Oxford. Re-processed by University of Nebraska-Lincoln and Northwestern, with changes to facilitate morpho-syntactic tagging. Gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. EEBO-TCP is a partnership between the Universities of Michigan and Oxford and the publisher ProQuest to create accurately transcribed and encoded texts based on the image sets published by ProQuest via their Early English Books Online (EEBO) database (http://eebo.chadwyck.com). The general aim of EEBO-TCP is to encode one copy (usually the first edition) of every monographic English-language title published between 1473 and 1700 available in EEBO. EEBO-TCP aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the Text Encoding Initiative (http://www.tei-c.org). The EEBO-TCP project was divided into two phases. The 25,363 texts created during Phase 1 of the project have been released into the public domain as of 1 January 2015. Anyone can now take and use these texts for their own purposes, but we respectfully request that due credit and attribution is given to their original source. Users should be aware of the process of creating the TCP texts, and therefore of any assumptions that can be made about the data. Text selection was based on the New Cambridge Bibliography of English Literature (NCBEL). If an author (or for an anonymous work, the title) appears in NCBEL, then their works are eligible for inclusion. Selection was intended to range over a wide variety of subject areas, to reflect the true nature of the print record of the period. In general, first editions of a works in English were prioritized, although there are a number of works in other languages, notably Latin and Welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so. Image sets were sent to external keying companies for transcription and basic encoding. Quality assurance was then carried out by editorial teams in Oxford and Michigan. 5% (or 5 pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet QA standards were returned to the keyers to be redone. After proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of 100 instances per text. Any remaining illegibles were encoded as <gap>s. Understanding these processes should make clear that, while the overall quality of TCP data is very good, some errors will remain and some readable characters will be marked as illegible. Users should bear in mind that in all likelihood such instances will never have been looked at by a TCP editor. The texts were encoded and linked to page images in accordance with level 4 of the TEI in Libraries guidelines. Copies of the texts have been issued variously as SGML (TCP schema; ASCII text with mnemonic sdata character entities); displayable XML (TCP schema; characters represented either as UTF-8 Unicode or text strings within braces); or lossless XML (TEI P5, characters represented either as UTF-8 Unicode or TEI g elements). Keying and markup guidelines are available at the Text Creation Partnership web site . eng Treason -- Scotland -- Early works to 1800. Scotland -- Foreign relations -- France -- Early works to 1800. France -- Foreign relations -- Scotland -- Early works to 1800. Broadsides -- Scotland -- 17th century. 2008-01 TCP Assigned for keying and markup 2008-01 SPi Global Keyed and coded from ProQuest page images 2008-02 Emma (Leeson) Huber Sampled and proofread 2008-08 SPi Global Rekeyed and resubmitted 2008-10 Mona Logarbo Sampled and proofread 2008-10 Mona Logarbo Text and markup reviewed and edited 2009-02 pfs Batch review (QC) and XML conversion A PROCLAMATION For Apprehending the persons After-named , as having been in France contrair to tke Acts of Parliament . WILLIAM by the grace of God , King of Great-Britain , France and Ireland , defender of the Faith , To Macers of Our Privy Council , Messengers at Arms , Our Sheriffs in that part , Conjunctly , and Severally , Specially Constitute , Greeting ; For as much as by the Eighth Act of the fourth Session of this Our current Parliament ; It is Statute and Ordained , That none of the Subjects within this Kingdom without express leave from Us or Our Privy Council should presume to go to the Kingdom of France , or any of the Dominions subject to the French King after the first day of June one thousand six hundred ninety three , or being already in the said Kingdom of France , or Countries foresaid , should presume to stay or abide therein after the first day of August then next to come , without express leave from Us , or Our Privy Council under the pain of Treason : Nevertheless in manifest contempt of the foresaid Act of Parliament , and Us and Our Authority , Grahame Younger of Duntroon , Mr. Charles Kinnaird brother to the Lord Kinnaird , Mr. Alexander Maitland brother to the Earl of Lauderdale , Captain Deans , Captain Ruthven , Lieutenant Isaac Threcal , Lieutenant Auchmouty , Ensign Alexander Innes , Lieutenants Daniel and John Banes , Ensign William Ramsay , sometime in Hodge's Regiment , Ensign Alexander Sandelands sometime in Wauchop's Regiment , Ensign Laurence Drummond of Captain Robert Somervail , Captain William Davidson , Lieutenant William Main , Lieutenant James Henderson , Ensign Robert Southerland , Ensign Alexander Sinclair , Lieutenant John Bell , sometime in D'Offerel's Regiment , Ensign William Innes in D'Offerel's Regiment , Ensign William Lyon in the said Regiment , William and Hugh Southerlands Nephewes to Major General Southerland , Walter Nisbet son to Alexander Nisbet of Graigintinny , William Sinclair son to the deceas'd Sinclair of Dun , Thomas Clark brother to the deceas'd Mr. William Clark Advocat , Robert Kinloch of Mr , William Pearson son to Pearson sometime Minister at Stirling , Alexander Nisbet son to Nisbet Merchant in Glasgow , Mr. James Oswald sometime Chappeland to the Lady Halket , Cuthbert son to Cuthbert Provost of Inverness , Captain Patrick Grahame , Captains Robert and William Charters , Captain John Ramsay , Lieutenant Collonel Rattray , Lieutenant Collonel Oliphant , Lieutenant Colonel Douglas , Robert Stuart Agent in Edinburgh , Ensign John Menzies son to Menzies of Comrie , Major John Gordon , Captain James Adamson , Charles Farquharson Robert King , Captain John Livingston , Lieutenant John Creighton , Sir John M clain of that Ilk , Irwine of Stepletoun , Captain Mair ; have dared most presumptuously to repair and go to the said Kingdom of France , or being therein to Remain and Continue within the same , after the times prefixed by the foresaid Act of Parliament ; whereby they have manifestly incurred the pain of Treason specified in the said Act : And We being Informed that the saids Guilty Persons are Returned to , and Lurk within this Our ancient Kingdom without being Seased upon , and brought to Condign Punishment as their Crime deserves ; Therefore We with Advice of the Lords of Our Privy Council , hereby Require and Command , the Sheriffs of the several Shires within this Kingdom and their Deputs , The Stewarts of Stewartries , Baillies of Regalities and their Deputs , and Magistrats of Burghs within their Respective Jurisdictions , To search for , take , and Apprehend all and every one of the Persons above named , and commit them to safe Custody , and sure Firmance , and detain them Prisoners within their Respective Tolbuiths until they be brought to Tryal and condign Punishment for the Crimes above-written ; And that they report their Diligence in the Premisses to the Lords of Our Privy Council betwixt and the first day of Aprile next to come , under the pain of being reckoned Countenancers of , and Connivers at the saids Treasonable Persons ; As also We with Advice foresaid , Impower and Command all the Officers of Our Army , and Our other good Subjects within this Kingdom to Sease upon , Take , and Apprehend all or any of the Persons above-named , where ever they can be Discovered , And deliver them to the next Magistrat , to be Committed and detained Prisoners in manner above-specified and to the effect none of Our good Sujects may be Ensnared , or made partakers of the Guilt of the saids Persons by their Lurking among them . We with Advice foresaid Strictly Prohibit and Discharge any of Our Subjects within this Kingdom , to Harbour , Reset , Provide , or any ways Relieve and Supply any of the foresaids Persons ; but that they Deliver them up to one or other of the Magistrats foresaids to be Proceeded against according to Justice , under the pains contained in the Acts of Parliament made thereanent . OUR WILL IS HEREFORE , and We Charge you Strictly , and Command , that incontinent these Our Letters seen , ye pass to the Mercat-Cross of Edinburgh , and remnant Mercat-Crosses of the haill Head-Burghs of the several Shires and Stewartries within this Kingdom ; And there in Our Name and Authority , by open Proclamation make Intimation hereof , that none pretend Ignorance ; And Ordains these Presents to be Printed . Given under Our Signet at Edinburgh , the Twelfth Day of March , And of Our Reign the seventh Year , 1696. Per Actum Dominorum Secreti Concilii . GILB . ELIOT , Cls. Sti. Concilii . God Save the King. Edinburgh , Printed by the Heirs and Successors of Andrew Anderson , Printer to His Most Excellent Majesty , Anno DOM. 1696. 
B05643	----	A proclamation, for bringing in horses out of some vvestern shires. Edinburgh, the 25. of March, 1667. Scotland. Privy Council 1667 Approx. 4 KB of XML-encoded text transcribed from 1 1-bit group-IV TIFF page image. Text Creation Partnership, Ann Arbor, MI ; Oxford (UK) : 2009-03 (EEBO-TCP Phase 1). B05643 Wing S1842A ESTC R183502 52612326 ocm 52612326 179630 This keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the Early English Books Online Text Creation Partnership. This Phase I text is available for reuse, according to the terms of Creative Commons 0 1.0 Universal . The text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. Early English books online. (EEBO-TCP ; phase 1, no. B05643) Transcribed from: (Early English Books Online ; image set 179630) Images scanned from microfilm: (Early English Books, 1641-1700 ; 2794:24) A proclamation, for bringing in horses out of some vvestern shires. Edinburgh, the 25. of March, 1667. Scotland. Privy Council Scotland. Sovereign (1649-1685 : Charles II) 1 sheet ([1] p.) Printed by Evan Tyler, Printer to the Kings most excellent Majesty, Edinburgh : Anno Dom. 1667. Caption title. Royal arms at head of text; initial letter. Printed in black letter. Intentional blank spaces in text. Reproduction of the original in the National Library of Scotland. Created by converting TCP files to TEI P5 using tcp2tei.xsl, TEI @ Oxford. Re-processed by University of Nebraska-Lincoln and Northwestern, with changes to facilitate morpho-syntactic tagging. Gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. EEBO-TCP is a partnership between the Universities of Michigan and Oxford and the publisher ProQuest to create accurately transcribed and encoded texts based on the image sets published by ProQuest via their Early English Books Online (EEBO) database (http://eebo.chadwyck.com). The general aim of EEBO-TCP is to encode one copy (usually the first edition) of every monographic English-language title published between 1473 and 1700 available in EEBO. EEBO-TCP aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the Text Encoding Initiative (http://www.tei-c.org). The EEBO-TCP project was divided into two phases. The 25,363 texts created during Phase 1 of the project have been released into the public domain as of 1 January 2015. Anyone can now take and use these texts for their own purposes, but we respectfully request that due credit and attribution is given to their original source. Users should be aware of the process of creating the TCP texts, and therefore of any assumptions that can be made about the data. Text selection was based on the New Cambridge Bibliography of English Literature (NCBEL). If an author (or for an anonymous work, the title) appears in NCBEL, then their works are eligible for inclusion. Selection was intended to range over a wide variety of subject areas, to reflect the true nature of the print record of the period. In general, first editions of a works in English were prioritized, although there are a number of works in other languages, notably Latin and Welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so. Image sets were sent to external keying companies for transcription and basic encoding. Quality assurance was then carried out by editorial teams in Oxford and Michigan. 5% (or 5 pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet QA standards were returned to the keyers to be redone. After proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of 100 instances per text. Any remaining illegibles were encoded as <gap>s. Understanding these processes should make clear that, while the overall quality of TCP data is very good, some errors will remain and some readable characters will be marked as illegible. Users should bear in mind that in all likelihood such instances will never have been looked at by a TCP editor. The texts were encoded and linked to page images in accordance with level 4 of the TEI in Libraries guidelines. Copies of the texts have been issued variously as SGML (TCP schema; ASCII text with mnemonic sdata character entities); displayable XML (TCP schema; characters represented either as UTF-8 Unicode or text strings within braces); or lossless XML (TEI P5, characters represented either as UTF-8 Unicode or TEI g elements). Keying and markup guidelines are available at the Text Creation Partnership web site . eng Treason -- Scotland -- Early works to 1800. Loyalty oaths -- Scotland -- Early works to 1800. Horses -- Scotland -- Early works to 1800. Broadsides -- Scotland -- 17th century. 2008-01 TCP Assigned for keying and markup 2008-01 SPi Global Keyed and coded from ProQuest page images 2008-03 Elspeth Healey Sampled and proofread 2008-03 Elspeth Healey Text and markup reviewed and edited 2008-09 pfs Batch review (QC) and XML conversion HONI SOIT QVI MAL Y PENS A PROCLAMATION , For bringing in HORSES out of some VVestern Shires . Edinburgh , the 25. of March , 1667. CHARLES , by the Grace of GOD , King of Great Britain , France and Ireland , Defender of the Faith. To Our Lovits , _____ Messengers , Our Sheriffs in that part , conjunctly and severally , specially constitute , Greeting : Forasmuch as it is more then high time , to prevent the rising of disaffected persons , who , during the continuance of the War with Our Forraign Enemies , are ready to break out in open Rebellion , and rise in Arms against Us , and Our Authority , by disabling them from putting themselves in a military posture , and in a condition to make any sudden marches , or attempts upon Our well affected Subjects , or any part of Our standing Forces , or to joyn with these , who are of there own pernitiousand disloyal Principles , who live at a distance from them . Therefore , We with advice of the Lords of Our Privy Council , command and charge all persons within the Shires of Lanerk , Air , Renfrew , Wigton , and Stewartry of Kirkcudbright , of whatsoever quality , who have refused to accept of any publick trust , or have deserted the same , being in place : As also , all those who withdraw from publick Ordinances , and do not keep their own Paroch Churches , or do not submit to the present Government of Church and State. As likewise all those who being warned to rise , and joyn with Our Forces , for suppressing the late Rebellion , did not give obedience , unlesse the saids persons will take the Oath of Allegiance , and subscribe the Declaration appointed by the late Act of Parliament . That after the fifteenth day of May next , they , by themselves , nor no persons to their use and behove , do not keep any serviceable Horses , above the rate of one hundred merks Scots , under any pretext whatsoever : with certification , if the failzie , that upon information of any person well affected , the Sheriff , or any two of the Justices of Peace within the Shire , shall cause value such horses , and finding them above the rate foresaid , shall cause deliver them to the informer , and that without any payment , or satisfaction to be made therefore . And requires all Sheriffs and Justices of Peace , within their respective bounds , to issue orders , for conveening the Contraveeners of this Act before them , and causing Apprize any such horses , by indifferent persons , that it may be known , if they be above the rate foresaid . And , in case that the persons who compear , shall offer to purge themselves of any suspition of disaffection to our Government , upon the accounts foresaids ; That they administer to them the Oath of Allegiance , and offer the Declaration to be subscribed by them , which being taken , and subscribed by them as said is , then we enjoyn them , to dismisse the saids persons , with their horses , to be kept by them , without any farther trouble or molestation : Otherwise , that they proceed as said is . And ordains the Sheriffs of the said Shires , to cause intimat these presents by publick Proclamation , at the Mercat Crosses of the Head Burghs of the saids respective Shires and Stewartry : And cause read the same at all the Paroch Churches of the saids bounds , upon a Sunday before noon , after Divine Service , with all Diligence . And that these presents be printed , that none pretend ignorance . EDINBURGH , Printed by Evan Tyler , Printer to the Kings most Excellent Majesty , Anno Dom. 1667. 
B05654	----	A proclamation, for delivery in of the arms and ammunition &c. lately brought into this Kingdom by the late Earl of Argile, and other rebels. Scotland. Privy Council. 1685 Approx. 4 KB of XML-encoded text transcribed from 1 1-bit group-IV TIFF page image. Text Creation Partnership, Ann Arbor, MI ; Oxford (UK) : 2009-03 (EEBO-TCP Phase 1). B05654 Wing S1862 ESTC R183512 52612328 ocm 52612328 179632 This keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the Early English Books Online Text Creation Partnership. This Phase I text is available for reuse, according to the terms of Creative Commons 0 1.0 Universal . The text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. Early English books online. (EEBO-TCP ; phase 1, no. B05654) Transcribed from: (Early English Books Online ; image set 179632) Images scanned from microfilm: (Early English Books, 1641-1700 ; 2794:26) A proclamation, for delivery in of the arms and ammunition &c. lately brought into this Kingdom by the late Earl of Argile, and other rebels. Scotland. Privy Council. Scotland. Sovereign (1685-1688 : James VII) 1 sheet ([1] p.) Printed by the heir of Andrew Anderson, Printer to his most sacred Majesty, Edinburgh : 1685. Caption title. Royal arms at head of text; initial letter. Intentional blank spaces in text. With a list of those present in council under title. Dated at end: Given under Our Signet at Edinburgh, the twenty fourth of July, 1685. And of Our Reign the first year. Signed: Col. Mackenzie, Cls. Sti. Concilij. Reproduction of the original in the National Library of Scotland. Created by converting TCP files to TEI P5 using tcp2tei.xsl, TEI @ Oxford. Re-processed by University of Nebraska-Lincoln and Northwestern, with changes to facilitate morpho-syntactic tagging. Gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. EEBO-TCP is a partnership between the Universities of Michigan and Oxford and the publisher ProQuest to create accurately transcribed and encoded texts based on the image sets published by ProQuest via their Early English Books Online (EEBO) database (http://eebo.chadwyck.com). The general aim of EEBO-TCP is to encode one copy (usually the first edition) of every monographic English-language title published between 1473 and 1700 available in EEBO. 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Selection was intended to range over a wide variety of subject areas, to reflect the true nature of the print record of the period. In general, first editions of a works in English were prioritized, although there are a number of works in other languages, notably Latin and Welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so. Image sets were sent to external keying companies for transcription and basic encoding. Quality assurance was then carried out by editorial teams in Oxford and Michigan. 5% (or 5 pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet QA standards were returned to the keyers to be redone. After proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of 100 instances per text. Any remaining illegibles were encoded as <gap>s. Understanding these processes should make clear that, while the overall quality of TCP data is very good, some errors will remain and some readable characters will be marked as illegible. Users should bear in mind that in all likelihood such instances will never have been looked at by a TCP editor. The texts were encoded and linked to page images in accordance with level 4 of the TEI in Libraries guidelines. Copies of the texts have been issued variously as SGML (TCP schema; ASCII text with mnemonic sdata character entities); displayable XML (TCP schema; characters represented either as UTF-8 Unicode or text strings within braces); or lossless XML (TEI P5, characters represented either as UTF-8 Unicode or TEI g elements). Keying and markup guidelines are available at the Text Creation Partnership web site . eng Argyll, Archibald Campbell, -- Earl of, 1629-1685 -- Early works to 1800. Treason -- Scotland -- Early works to 1800. Scotland -- History -- 1660-1688 -- Early works to 1800. Broadsides -- Scotland -- 17th century. 2008-01 TCP Assigned for keying and markup 2008-01 SPi Global Keyed and coded from ProQuest page images 2008-03 Elspeth Healey Sampled and proofread 2008-03 Elspeth Healey Text and markup reviewed and edited 2008-09 pfs Batch review (QC) and XML conversion A PROCLAMATION , For Delivery in of the Arms and Ammunition , &c. lately brought into this Kingdom by the late Earl of Argile , and the other Rebels . Present in Council , The Earl of Perth , Lord High Chancellor . The Duke of Queensberry , Lord High Th●s●●●●… . The Earl of Dramlanrlg . The Earl of Ma● . The Earl of Sout●erk . The Earl of P●●●…re . The Earl of Tweddale . The Earl of Belcarras . The L. Viscount Tarbet . The L. Livingstoun . The L. Yester . General Dalyell . The L. Advocat . The L. Justice-Clerk . The L. Castlehill . The Laird of Drumelzi●● . JAMES by the Grace of GOD , King of Great Britain , France and Ireland , Defender of the Faith , To _____ Macers of Our Privy Council , or Messengers at Arms , Our Sheriffs in that part , conjunctly and severally , specially constitute , Greeting : Forasmuch as , We understanding that several of the Arms and Ammunition , and other Warlike Provision , lately brought into this Kingdom , by Archibald late Earl of Argyle , and his Traiterous Accomplices , are Intrometted with , Seized on and Dispersed through the Countrey , which may be of ill Consequence to Our Government , if Remeed be not provided there-against , both for In-bringing of what of the saids Arms and Ammunition , and other Warlike Provision remains yet undisposed of , and discovering what thereof has been given , bought or sold in the Countrey . We therefore , with Advice of Our Privy Council , hereby strictly Require and Command , all Our Subjects , who have any ways Intrometted with the saids Arms , Ammunition , &c. either by Seizing or Buying , or otherwise been delivered to them , to bring in , and deliver the same to Our Magazines of Our Castles of Edinburgh , or Dambartoun , within the space of one Moneth after the date hereof ; Certifying them , if they ●ailzie so to do : And that if any part of the saids Arms , or Ammunition &c. shall be found with them thereafter , that they , and these who have , or shall any ways intromet therewith , shall not only be proceeded against , and punished as Thieves , and resetters of Thift , but as disaffected to Our Government , and incouragers of Our Enemies , with the outmost severity of Law : And that Oar Pleasure in the Premisses may be known : OUR WILL IS , and We charge you strictly , and Command , That incontinent these Our Letters seen , ye pass to the Mercat-Cross of the Head-burghs of the Shires of this Kingdom , and other Places needful , and there in Our Name and Authority , by open Proclamation make publication of this Our Royal Proclamation , that none concerned may pretend ignorance . Given under Our Signet at Edinburgh the Twenty fourth of July , 1685. And of Our Reign the first Year . Per Actum Dominorum Secreti Concilij . COL . MACKENZIE , Cls , Sti. Concilij . GOD save the King. Edinburgh , Printed by the Heir of Andrew Anderson , Printer to His Most Sacred Majesty . 1685. 
A91287	----	The subjection of all traytors, rebels, as well peers, as commons in Ireland, to the laws, statutes, and trials by juries of good and lawfull men of England, in the Kings Bench at Westminster, for treasons perpetuated by them in Ireland, or any foreign country out of the realm of England. Being an argument at law made in the Court of Kings Bench, Hil. 20 Caroli Regis, in the case of Connor Magwire, an Irish baron ... fully proving; that Irish peers, as well as commons may be lawfully tried in this court in England, by the statute of 35 H.8.c.2. for treasons committed by them in Ireland, by a Middlesex jury, and outed of a trial by Irish peers: which was accordingly adjudged, and he thereupon tried, condemned, executed as a traytor ... By William Prynne Esq; a bencher of Lincolnes Inne. Prynne, William, 1600-1669. This text is an enriched version of the TCP digital transcription A91287 of text R203350 in the English Short Title Catalog (Thomason E945_5). Textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. The text has been tokenized and linguistically annotated with MorphAdorner. The annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). Textual changes aim at restoring the text the author or stationer meant to publish. This text has not been fully proofread Approx. 214 KB of XML-encoded text transcribed from 47 1-bit group-IV TIFF page images. EarlyPrint Project Evanston,IL, Notre Dame, IN, St. Louis, MO 2017 A91287 Wing P4090 Thomason E945_5 ESTC R203350 99863324 99863324 115516 This keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the Early English Books Online Text Creation Partnership. This Phase I text is available for reuse, according to the terms of Creative Commons 0 1.0 Universal . The text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. Early English books online. (EEBO-TCP ; phase 1, no. A91287) Transcribed from: (Early English Books Online ; image set 115516) Images scanned from microfilm: (Thomason Tracts ; 141:E945[5]) The subjection of all traytors, rebels, as well peers, as commons in Ireland, to the laws, statutes, and trials by juries of good and lawfull men of England, in the Kings Bench at Westminster, for treasons perpetuated by them in Ireland, or any foreign country out of the realm of England. Being an argument at law made in the Court of Kings Bench, Hil. 20 Caroli Regis, in the case of Connor Magwire, an Irish baron ... fully proving; that Irish peers, as well as commons may be lawfully tried in this court in England, by the statute of 35 H.8.c.2. for treasons committed by them in Ireland, by a Middlesex jury, and outed of a trial by Irish peers: which was accordingly adjudged, and he thereupon tried, condemned, executed as a traytor ... By William Prynne Esq; a bencher of Lincolnes Inne. Prynne, William, 1600-1669. [20], 72 p. printed by J. Leach for the author, London : 1658. Running title reads: The case of the Lord Magwire, Hil. 20 Car. Banc. Regis, &c. Annotation on Thomason copy: "May 14th"; "May. 14". Reproduction of the original in the British Library. eng Enniskillen, Connor Maguire, -- Baron of, 1616-1645 -- Early works to 1800. Jurisdiction -- England -- Early works to 1800. Jurisdiction -- Ireland -- Early works to 1800. Treason -- England -- Early works to 1800. Trials (Treason) -- England -- Early works to 1800. A91287 R203350 (Thomason E945_5). civilwar no The subjection of all traytors, rebels, as well peers, as commons in Ireland, to the laws, statutes, and trials by juries of good and lawful Prynne, William 1658 37513 198 0 0 0 0 0 53 D The rate of 53 defects per 10,000 words puts this text in the D category of texts with between 35 and 100 defects per 10,000 words. 2007-02 TCP Assigned for keying and markup 2007-03 Apex CoVantage Keyed and coded from ProQuest page images 2007-04 John Latta Sampled and proofread 2007-04 John Latta Text and markup reviewed and edited 2008-02 pfs Batch review (QC) and XML conversion The Subjection of all TRAYTORS , REBELS , as well PEERS , as COMMONS in IRELAND , TO THE Laws , Statutes , and Trials by Juries of good and lawfull men of ENGLAND , in the Kings Bench at Westminster , for Treasons perpetrated by them in IRELAND , or any foreign Country out of the Realm of ENGLAND . BEING An Argument at Law made in the Court of Kings Bench , Hil. 20 Caroli Regis , in the case of Connor Magwire , an Irish Baron ( a principal Contriver of the last Irish Rebellion : ) Fully proving ; That Irish Peers , as well as Commons , may be lawfully tried in this Court in England , by the Statute of 35 H. 8. c. 2. for Treasons committed by them in Ireland , by a Middlesex Jury , and outed of a Trial by Irish Peers : Which was accordingly adjudged , and he there upon tried , condemned , executed as a Trayur : Wherein are comprised many other particulars and notable Records , relating to the Laws , Peers , Statutes , affairs of Ireland , not obvious in our Lawbooks , and worthy publike knowledge . By William Prynne Esq a Bencher of Lincolnes Inne . Numb. 35. 31 , 33. Ye shall take no satisfaction for the life of a Murderer , which is guilty of death , but he shall be surely put to death . So ye shall not pollute the land wherein you are ; for bloud de fileth the land , and the land cannot be cleansed of the bloud that is shed therein , but by the bloud of him that shed it . LONDON Printed by J. Leach for the Author , 1658. TO THE Ingenuous Readers , ESPECIALLY Professors , Students of the Laws of England , and Ireland . HAving lately published a much enlarged Edition of my Plea for the Lords and House of Peers , wherein the undoubted antient Birthright of all English Lords and Barons to sit , vote , and judge in all Parliaments of England , and their tryal by their Peers , is irrefragably vindicated by Histories and Records in all ages , and larger Discoveries made of the Proceedings and Judicature in our Parliaments in Cases as well of Commoners , as Peers , than in all former Treatises whatsoever : I apprehended it neither unseasonable , nor unprofitable to publish this Argument at Law , concerning the Trial of Irish Peers for forein Treasons acted by them , made by me near 14 years past in the Kings bench Court at Westminster , in the Case of Connor Magwire an Irish Baron , there indicted for High Treason , in having a principal hand in the late bloudy Rebellion in Ireland ; against whom I was ( by special Order ) assigned Counsel , among others , by the Parliament then sitting ; upon whose Plea , and a Demurrer there unto , I first argued this new point in Law , never formerly disputed , adjudged in open Court ; Whether an Irish Peer , for Commoner ) committing Treason in Ireland , sent over from thence into England against his will , might be lawfully tryed for it in the Kings Bench at Westminster by a Middlesex Jury , and outed of his tryal by Irish Peers of his condition , by the Statute of 35 H. 8. c. 2 ? After two solemn Arguments at the Bar , by my self , and Serjeant Rolls against , and Mr. Hales , and Mr. Twisden for the Prisoner , and Mr. Justice Bacons Argument on the Bench , his Plea was over-ruled , adjudged against him ; it being resolved , he might and ought to be tried only by a Jury of Middlesex , not by his Peers of Ireland ; Whereupon he pleading , Not guilty , to his Indictment , was tried by a Substantial Jury ( to whom he took both his peremptory and legal challenges , which the Court allowed him of right ) and after a very fair and full trial was found guilty by the Iury , upon most pregnant evidence ; and then condemned , executed as a Traytor at Tyburn , as he well demerited . The Reasons inducing me to publish this Argument were : 1. The near affinity and cognation it hath with my Plea for the Lords . 2ly . The Novelty , Rarity of the Subject and points debated in it , not formerly discussed at large in our Law-books . 3ly . The generality and publike concernment thereof , extending to all Irish Subjects , whether Peers or Commons , and so worthy their knowledge , perusal . , and of all publike Officers in Ireland ; especially Lawyers . 4ly . The prevention of Misreports of this case and Argument , in this age , wherein many Arguments at Law , and Reports of Cases have been lately published by In●udicious hands , mistaking , mangling , or misreciting the Reasons , Records , Lawbooks cited both at Barr and Bench , and sometimes the Cases , Iudgements themselves ; to the prejudice , seduction of young Students of the Law , and scandal of the Law it self . 5ly . The importunitie of some Friends who formerly desired Copies thereof from me , when I had no leisure to furnish them therewith . 6ly . The Vindication , declaration both of the Parliaments and Kings Bench honorable , resplendent , equal , untainted Justice against this Arch-Irish-Traytor and Rebel , and that in these particulars ; 1. In trying this notorious Offendor , guiltie of the horridest , universallest Treason and Rebellion that ever brake forth in Ireland ; and that in a time of open War both in Ireland and England , only by a Legal Indictment , and indifferent sworn Jury of honest and lawful Freeholders , according to the known Laws and Statutes of the Realm ; not in a Court Marshal , or any other New-minted Judicature , by an arbitrarie , summarie , illegal or martial proceeding , without any lawful presentment , indictment or Trial by a sworn , impartial , able Iury , resolved , to be diametrically contrary to the fundamental Laws , Customs , Great Charters , Statutes of the Realm , and inherent Liberty of the Subject , especially in time of Peace when all other Courts of Justice are open , and of very dangerous consequence , and thereupon specially prohibited , enacted against ; as you may read at leisure in the Statute of 5 R. 2. Parl. 1. ch. 5. Rot. Parl. n. 57. 2 R. 2. rot . Parl. n. 57. 1 H. 4. rot . Parl. n. 44. 2 H. 4. rot . Parl. n. 89. The Votes of the House of Commons and Lords against it , May 7. 1628. the Petition of Right , 3 Caroli , Mr. Cambdens Annals of Qu. Elizabeth , p. 242 , 243. Cooks 3 Instit. p. 52. 124. and accordingly declared by the Commons House in their a Remonstrance of the State of the Kingdom , 15 Decemb. 1641. and by the whole Parliament , and most now in power , in the case of the Lord Mount-Norris ; whose trial and capital condemnation in a Court Marshal in Ireland by Martial Law , in time of peace , without a lawful Indictment and Trial by his Peers , in a summarie way , by the Earl of Straffords power , then Lord Deputy of Ireland , was one of the principal b Charges , evidences against him , to make good his general impeachment of High Treason , for which he was condemned and beheaded on Tower hill for a Traytor , by judgement and Act of Parliament ; Namely , That he had TRAYTEROUSLY endevoured TO SUBVERT THE FUNDAMENTAL LAWS AND GOVERNMENT OF THE REALM , and instead thereof TO INTRODUCE AN ARBITRARY & TYRANNICAL GOVERNMENT AGAINST LAW : though this Lord was not executed or put to death by that Sentence against him ; Which if executed , had been WILFULL MURDER both in his JUDGES & EXECUTIONERS , as Sir Edward Cook resolves in his 3. Institutes , p. 52. 124. printed by the House of Commons special order ; and King Alfred long before him , who hanged up no fewer than 44 of his Justices in one year AS MVRDERERS , for condemning and executing some of his Subjects , WITHOUT A SWORN JURY of 12. men ; and others of them for offences not Capital by the known Laws , or without pregnant evidence : as Andrew Horn records in his Myrrour de● Justices ; ch. 5. p. 296 , 297 , 298 : who thence infers ; Abusion est ( de la Commen ley ) que JUSTICES & lour MINISTRES que occient la gent per FAUX JUDGMENT , NE SONT DESTRUITS AL FOER DE AUTRES HOMICIDES , que fit le Roy Alfred , que FIST PENDRE ▪ 44 JVSTICES EN UN AN , TANT COME HOMICIDES pur lour FAUX JUDGEMENTS , which others guilty of the like crimes ( especially since these antient & Straffords , Canterbu●ies , with the Ship-mony-Judges , late Presidents , Impeachments , Sentences , to the prejudice of the Subjects lives , estates , ) may do well to ruminate upon . 2ly . In assigning this Arch-Traytor such learned Counsel as be desired , to advise and plead for him in this Case of High Treason in all matters of Law arising therein ; which the Parliament likewise allowed to Strafford and Canterbury , though impeached of high Treason : and therfore cannot in * point of Justice be denied to any other person or persons in like Cases , if desired . 3ly . In admitting him free liberty to put in a plea in writing to the manner of his Tryal , and to the Iurisdiction of the Kings Bench it self ( though the c highest Court of Justice in all England but the Parliament , and having lawfull conusans of all sorts of Treasons whatsoever ) and not peremptorily over-ruling , rejecting it forthwith , and giving judgement against him pro confesso , or as * standing mute , for not submitting to its Jurisdiction , and a Tryal by an ordinary Middlesex Jury , being a matter of Law and right ; but permitting , yea ordering his Plea upon a Demurrer thereunto , to be publickly argued pro & contra at the Bar by Counsel , and then solemnly argued at the Bench by the Judge , before it was over-ruled ( being a Case of general concernment ) to satisfie him and all the world of the legality and Justice of his Tryal . And then permitting him according to Law , to plead not guilty , and put himself upon his Tryal by the Country ; not sentencing him to death for Treason without any Tryal or good evidence produced to convict him . 4ly . In allowing him a free honorable Tryal upon an Indictment , first found upon Oath by the grand Jury , & then suffering him to take not only his particular chalenges by the poll to every of the Jurors retorned , upon a voyre dire ( not formerly heard of , yet allowed him , as reasonable , to take away all coulor of partiality or non indifferency in the Jurors ) Whereupon every Jury man was examined before he was sworn of the Jury : Whether he had contributed or advanced any monies upon the Propositions for Ireland , or was to have any share in the Rebels Lands in Ireland , by Act of Parliament , or otherwise ? But likewise in permitting him to take his peremptory challenge to 35 of the 2 Juries retorned , without any particular cause alleged ; which Liberty d our Laws allowing men in favorem vitae , and because there may be private causes of iust exceptions to them known to the Prisoner , not fit to be revealed , or for which he wants present proof , and that in Cases of High-Treason as well as of Felony , the Court though● just and equal to allow the same to him , though a notorious Irish Rebel . Wherefore it ought much more to be allowed to all English Freemen lesse peccant , and not so notoriously guilty as this transcendent Traytor ; the debarring the party indicted of his lawfull challenges , being to debar him of a principal matter concerning his Tryal , yea a means to take away his life without just cause or guilt ; much more then a Tryal by such Iurors , Committees , Commissioners or other Judges nominated by persons interessed , or parties , without the denomination or direction of sworn Officers of Justice alone , against the course of the Common law , as the Statute of 11 H. 4. c. 9. and Cooks 3 Instit. p. 32 , 33. resolve . In this Argument the Readers ( especially Irish Students of the Law may take notice ; First , of some observable passages and * Records touching the setling of the Laws and Great Charter of England in Ireland , the endenization of Irish-Natives to make them capable of the Laws and Liberties of the English there ; the Statutes , Peers of Ireland , and the Tryal of Peers there for Treasons , not obvious in other Law Books ; to which I at first imended to have added an Appendix of the most remarkable passages in our Histories , and chiefest Records in the Tower relating to the Sover aign Jurisdiction of the Kings and Parliaments of England over Ireland , and to the Parliaments , Officers , Government , and affairs thereof , not hitherto published , and unknown to most , of very necessary and excellent use . Which being over-large for an Appendix , I must reserve for a particular Treatise by themselves ; or joyned with some other Records and Histories relating unto Scotland , most worthy of publick view , if God send health and opportunity to communicate them to posterity . Only I shall here insert one pertinent Record to manifest , that the trying of Irish Malefactors in England , the binding them to appear , the recording their defaults , and giving judgement against them for not appearing here for Murders , Robberies , and Felonies committed or acted by them in Ireland , is no Novelty ( having omitted it in my Argument ) it being in use in the ninth year of King John , as this Patent manifests . e Rex M. filio Henrici , Iusticiario Hiberniae salutem . Mandamus vobis quod deduci faeiatis secundum judicium Comitis Dublin , Galfredum de Marisco & alios qui rectati sunt de incendio & roberia & morte homnum , & aliis rectis quo● pertienent ad Coronam nostram unde eis dies datus est coram nobis in Anglia a die sancti Michaelis ad 15 dies , ad quem non venerunt nec pro se responsales miserunt , et absentiam suam die illo Attornatis eis in defaltam Et ipsos 〈…〉 secundum judicium ●●●dict , Comiti●de vita et membris , et obsidibus , et vadiis , et plegiis . Teste me●pso apud Theoukesbury , 12 die Novembris . 2ly . The Readers may herein discern the Treacheries , Conspiracies , Insurrections , Rebellions of the Native Irish in all Ages since their submission to King Henry the 2d . Anno 1171. and their swearing of fealty to him and his Heirs , for ever as to their lawfull Kings and Lords , recorded at large in our k Historians , towards our Kings and English Nation , and their frequent endeavours utterly to cast off their Dominion , and extirpate them out of Ireland , which is notably expressed in many of our Records , as Claus. 5 E. 3. part 2. m. 12. dorso . Pa● . 5 E. 3. pars 1. m. 25. Cl. 35 E. 3. m. 36. Claus. 36. E. 3. m. 42. dors . & Claus. 42 E. 3. m. 6. & dors . 13 , Whence Giraldus Cambrensis ( who went along into Ireland with King Henry the 2d . and with his son john , when made King thereof by his Father , who made the first and fullest description of it , and its Conquest , and of the manners , qualities of the Irish ; of any of our Historians ) gives this Character of them and their deportment towards the English in that age ; l Praeomnt alia gente Proditionibus semper insistunt ; fidem datam nemini servant , fidei et Sacramenti Religionem quam sibi semper servari summopere volunt , aliis praestitam quotidie violarenec verecundantur , nec verentur : unde et cum cautelas omnes observaveris & adhibueris , cum securitati & indemnitati tuaetam Sacramentis et obsidibus , quam ami●itiis firmiter junctis , & beneficiis multimodè collatis , modis omnibus invigelaveris , tunc primo timendum est tibi : quia tunc prae●ipuè ipsorum vigilat malitia , cum ex securitatis abundantia te tibi praesenserint non invigilare : Tum demum ad arcem nequitiae , tum ad assueta fallaciae telae confugiunt , ut sumpta securitatis occasione laedere valeant vel improvisum . He subjoins . Inter alia multa artis iniquae figmenta , hoc unum habent tanquam praecipuum argumentum : ( and ô that too many English as well as Irish were not guilty of this transcendent Treachery and Hypocrisie ! ) Sub religionis et pacis obtentu ad sacrum aliquem locum conveniunt cum eo quem oppetere cupiunt : primo compaternatis foedera jungunt : Deinde ter circa Ecclesiam se invicem portant ; postmodum ecclesiam intrantes coram altari reliquiis Sanctorum , sacramentis multifarie praestitis , demum missae celebratione , et orationibus Sanctorum sacerdotum canquam dispensatione quadam , indi●●olubiliter faederantur . Ad ultimum vero ad majorem amicitiae confirmationem , et quasi negotii consummationem sanguirē sponte ad hoc fusum , uterque alterius bibit . Hoc autem de ritu Gentilium adhuc habent , qui sanguinem in firmandis faederibus uti solent . O quoties in ipso desponsationis hujus articulo A VIRIS SANGUINUM ET DOLOSIS , tam dolose & inique funditur sanguis , ut alteruter penitus maneat exanguis ! O quoties eadem hor a et in continenti , vel sequitur , vel praevenit , vel etiam inaudito more sanguinolentum divortium ipsum interumpit desponsationem ! Adeo proditionis pestis h●c invaluit et quasi radices pouit , adeo in naturam converti praevalet pravae consuetudinis longus abusus , adeo a convictu mores formantur , et qui tangit picem coni●quinabitur ab ea , adeo mali vis magna est , quod etiam advenae eodem vitio inquinati sunt . He adds in another place , m Ad resistendum Anglis , et antiquae libertatis sub capitum discrimine iura tuendum , unanimi voto conspirant . Et ut hunc plenius affectum deducere possint ad effectum , vinctis undique faederibus , de novo fiunt ex hinc amici qui antea fuerunt inimici . All which we find verified of them in this last rebellion and massacre of the English , for which this prisoner was indicted and executed : So as we may well conclude of the Irish in his ensuing words . n Nationis subdolae longè fortius timenda est ar● , quam Mars ; pax , quam fax ; mel , quam fel ; ma litia , quam militia ; proditio , quam expeditio ; amicitia praefucata , quam inimicitia despicata . 3ly . The Readers may here in part discern , by whom , and in what manner the Laws of England were first established in Ireland , and how farr , and to what persons there : to which I shall add this passage of o Mat. Paris , An. 1172. touching K. Henry the 2. his setling our Lawsthere . Rex Pater antequam ab Hybernia rediret apud Lissemor Concilium congregavit , Ubi Leges Angliae ab omnibus sunt gratanter acceptae , et juratoria cautione praestita , confirmatae . With that of p Sy●vester●●a●●us , who ●●●●●ing the Constitutions made at the Council of Cassils in Ireland under this King Henry for the Government of the Church , and ●eformation of the manners of the Irish , there recorded at large , concludes thus . Itaque ●m●●● divina ad instar sacrosanctae Eccles●e Iuxta quod Anglicana observat Ecclesia in omnibus partibus Hyberniae amo●o tra●●●●tur . Dignum etenim & sust issi●●m est , ut sicut Dom●nium et Reg●m ex Anglia , sortita est divinitus Hybernia , sic etiam EXINDE vivendi formam reci●i●●nt m●li●●em . Ipsi namque Regi magnifico tam Ecclesia quam Regnum Hyberniae debent , quicquia de b●n● pac●s , ●i incremento Religionis hactenus est assecuta . After which the Irish rebelling , and casting off the English Laws , q King John Anno Dom. 1211. arriving at Dublin with a great Army ; Occurrerunt ei ibidem plusquam viginti Reguli illius Regionis , qui omnes ●imore maximo perterriti , ●●m●gium illi & fidelitatem fecerunt : Fecit quoque R●●ibidem construere Leges et Consuetudines Anglicanas , ponens Vicecomites et alios Ministros qui populum Regni illius juxta Leges Anglicanas judicarent , ( ●o ●●● ; r in the English Pale , and territories reduced into Counties , and under the Kings dominion ) as Matthew Paris and others story . Fourthly , the Readers and our whole Nation may hereby and herein discover , for their present and future information , the provident care and prudence of our English Parliaments in all former ages , to secure the lives and inheritances of all English Freemen and Irish Subjects against all arbitrary , tyrannical Power and proceedings whatsoever , even in cases of pretended or real Treasons , and the highest capital offences , by providing and enacting from time to time , that not only all English Freemen , but all other Irish or outlandish persons accused of any High Treasons , misprisions or concealments of Treasons committed by them either within or without the Realm of Engl. should be impeached of , and arraigned for the same , only upon a legal Presentment or Indictment first found against them by a Iury of good and lawful men upon their oathes ; and after that tried for the same by another legal Iury of 12. honest and substantial indifferent Freeholders upon their Oathes , or by the lawful judgement of their Peers ( if English Peers ) and not for judged of life or limb , nor outlawed , exiled ▪ put to death passed upon or any way destroyed , but only by the lawfull judgement of their Péers , according to the due course of the Common Law , and not otherwise , ●● the Grand ●harter of King Iohn , the statute of Magna Charta , ch. 29. in 9 H. 3. 25 E. 1. c. 1. 28 E. 1. c. 1. 5 E. 3. c. 9. 20 E. 3. c. 2. 25 E. 3. c. 2. of Treasons , 28 E. 3. c. 3. 42 E. 3. c. 3. 2R . 2. rot . Parl. n. 57. 1 H. 4. rot . Parl. n. 44. 2 H. 4. n. 60 , 89. 2 H. 5. c. 6. 20 H. 6. c. 9. 22 H. 8. c. ● . 23 H. 8. c. 13. 26 H. 8. c. 13. 28H . 8. c. 7 , 10 , 18. 31 H. 8. c. 8. 14. 32 H. 8. c. 4 , 35. 33 H. 8. c. 12. 20 , 21 , 23. 35 H. 8. c. 2 , 3. 1 E. 6. c. 12. 5. E. 6. c. 11. 1 Mar. c. 6. 1 & 2 Phil. & Mar c. 10 , 11. 1 Eliz. c. 1. 6. 5 El. c. 1. 13 El. c. 1. 14 El. c. 1. 18 El. c. 1. 23 El. c. 1. 27 El. c. 2. 3 Jac. c. 2. the Pitition of right 3. Caroli , with sundry other Statutes enact , and ſ all our Law books resolve : so that no mans life whatsoever can legally be hazarded or taken away for any real or pretended Treason or capital crime , without a double Jury , & the verdicts of 24 sworn good honest men at the least , or more , or by a Grand Iury , and 12 or more Peers of the Realm , if an English Peer ; and in case of Forrai ners , by a Jury of 6. English , and 6. of their own Countrey-men ( if so many may be found fit to be retorned of a Jury ) to avoid partiality : which seconded must be with the Judgement of one or more sworn Judges setting on the Tribunal of Justice . Which treble Bulwork and grand fundament . I security of all English Freemens and others lives , Inheritances , Families , Estates , against all unlawfull Conspiracies , Practises , Combinations , subordinations of Witnesses , machiavilian Policies , and arbi●rary tyrannical Powers , proceedings whatsoever , especially in perilous treacherous times , if once undermined , subverted , or interrupted by arbitrary Courts-Martial , Committees , or any other new erected Tribunals , by what names or specious pretences whatsoever of publick safety , danger , or necessity , what sad effects it would soon produce to the endangering , yea losse of the Lives , Inheritances , Fortunes of the most innocent , best-deserving Persons , and real Patriots of their Countries Laws and Liberties , through the power , policy , confederacy , covetousnesse , ambition , reveng , malice , emulation , suspition , tyranny , injustice , partiality , self-interests of suborned , perjured Witnesses , or despitefull , powerfull Prosecutors , Accusers , and of unrighteous packed , partial prae-ingaged Judges , ( admitting no legal Pleas against their exorbitant Jurisdictions no legal challenges to their petsons , nor appeals from their unjust sentences , though capital , without any clear testimony to prove them guilty and worthy of death by our known Laws ) all Lovers of their own Families , Friends , Neighbours , Liberties , Lives , Estates , or the publick safety , may eafily resolve , not only from sundry experiments and t Histories in former and late ages over-tedious to recite ; but by the memorable Presidents of innocent Nahoth recorded for this purpose in sacred Writ . 1 King. 21. and of the Pro Zechariah , 2 Chron. 24. 20 , 21. 22. compared with that of Psal. 94. 20 , 21. shall the Throne of inquity have fellowship with thee which frameth mischief by a Law ? They gather themselves together against the Soul ( or Life ) of the Righteous and condemn the innocent Blood : with Ezech. 22. 6 , 9 ▪ 12 , 27. & I say 59. 6 , 7. Behold the Princes of Israel , every one were in thee to their power to shed blood . In thee have they taken Gifts to shed blood . Her Princes in the midest thereof are like Wolves ravening the prey . To shed Blood and to destroy Souls ( that is the u lives of innocent men under a pretence of Law , Justice for pretended crimes , Treasons ) to get dishonest gain : their wayes are wayes of iniquity , the Att of VIOLENCE is in their hands ; their feet run to evil , and they make hast to shed innocent blood : their thoughts are thonghts of iniquity ▪ wasting and destruction are in their paths , there is no Judgement ( or Justice ) in their going● , they have made them crooked paths : Parallel'd with Jer. 22. 17. But thine eyes and thine heart are not but for thy covetousness , and for to shed innocent blood , and for oppression and violence to do it . Such Monsters of Injustice , rapine , oppression , violence , against all Laws of God and Man , do Kings , Princes , and great men degerate into even among Gods own people , when they break down the Pales and Fences of publique Laws and Justice made for their Subjects preservation , and let loose the reines to arbitrary goverment , and lawless proceedings , to shed their blood , or confiscate their Estates , supplant , and ruine their posterity in a seeming way of Justice . The consideration of which sacred Texts and Presidents should both caution and engage all future English Parliaments , the whole Nation , and every individual member thereof , for ever to abandon and abominate such irregular Judicatures and extravagant proceedings , and not to give the least countenance or incouragement thereunto , especially after this memorable President of the Lord Magwire , and our many years late contest in Parliament and bloody encounters in the field , to maintain the fundamental Laws , Privileges , and good Customes of this Kingdome ( whereof the Tryal of men by a lawfull Indictment , Jury , and verdict of their Peers , is the principal ) whereby not only the Supream authority , but the peoples security of lives , Lands , Livings , and Privileges ( both in general and particular ) are preserved and maintained , and by abolishing or alteration of the which , it is impossible but that present confusion will fall upon the whole state and frame of this Kingdome ; as King James himself , and the whole Parliament long since resolved in the Act of 1 Iacob . ch. 2. and without the full possession of which fundamental Rights , Laws , and liberties , we can have little hopes , ( as to humane Considerations ) to enjoy anie comfort of life , or so much as life it self , but at the pleasures of some men , ruling méerite by will and power ; as the General , Officers , and Army themselves have long since published and declared to the Parliament and world , in express words , in their x Declaration and Representation humbly tendred to the Parliament , concerning THE JUST & FUNDAMENTAL RIGHTS & LIBERTIES OF THEMSELVES & THE KINGDOME . Iune 14. 1657. which they may do well to remember and pursue ▪ In prosecution whereof , in the Heads of Proposals agreed upon by his Excellency and the Councel of the Army , to be tentred to the Commissioners of Parliament residing with the Army ; containing the particulars of THEIR DESIRES in pursuance of their former Declarations and Papers , August 1. 1647. Proposal . 10. they desired , That the Rights of the Commons of England might be cleared , as to A DUE EXEMPTION from any Iudgment , Tryal , or other Proceedings against them by the House of Peers , without the concurring Judgement of the House of Commons . As also FROM ANY OTHER JUDGEMENT , SENTENCE , OR PROCEEDING AGAINST THEM OTHER THAN BY THEIR EQUALS , OR ACCORDING TO THE LAW OF THE LAND . Which how inconsistent it is with all Military and summary proceedings in all new Courts , Committees , or Commissions since erected , I refer to their own Consciences and Iudgements to resolve . 5ly . The Readers may hereby discern , that Errors themselves in the Courts of Ireland , with other grievances could not antiently be redressed in the Parliaments thereof , but * only in England , till 29 E. 3. as is evident by this memorable hitherto unprinted Record made for relief in such Cases . * Rex Justiciario & Cancellario suis Hiberniae , salutem . Ex parte nonnullorum fidelium nostrorum Communitatis terrae nostrae Hiberniae , Nobis est graviter conquaerendo monstratum , ut cum ipsi dampna & gravamina quamplurima à magno tempore sustinuerint ex hoc , quod ipsi terras & tenementa sua in manum nostram per Ministros nostros , terrae praedictae , cum nomine districtionis , cum ex causa transgressionis , sive alienationis sine licentia nostra , factae , voluntariè & absque causa rationabili capta , extra manus nostras , licet ritè & processu debito inde penes vos & alios de Consilio nostro in partibus illis , juxta legem & consuetudinem terrae praedictae prosecuti fuissent * recuperare non possunt . Et etiam ex hoc , quod ERRORES qui in Recordis & Processibus placitorum coram Justiciariis nostris & aliis Curiis & Placiis in eadem terra , quae Recordum habent , habitis , & in redditionibus judiciorum & placitorum eorundem intervenisse praetendantur in Parliamentis in eadem terra corrigi neqeunt , nec alias justicia inde fieri sine remedio in Anglia querendo ; propter quod , quidam propter labores & expensas circa praemissa oppositas ad maximam miseriam & inopiam deducuntur , & quidam omnino exhaeredati existunt ; unde iidem fideles nostri Nobis cum instancia supplicarunt , ut super praemissis remedium congruum apponi faciamus . Et quia videtur Nobis & Consilio nostro durum esse et grave , quod conquaerentes super assecutione Justiciae de iniutiis sibi illatis in partibus praedictis , taliter absque remedio fatigerentur ; per quod pro quictae , et indempnitate populi nostri in terra praedicta sub nostro regimine existentis , cui in exhibitione Iusticiae sumus debitores ; ordinavimus , quod de omnibus terris & tenementis in terra pradicta per Justiciarios , Escaetores , seu quoscunque alios Ministros nostros sub Sigillo nostro in manum nostram ●aptis , illis qui pro eisdem terris & tenementis extra manum nostram debito & justo processu coram vobis prosequi voluerint , super hoc plena Justicia secundum legem et consuetudinem terrae nostrae Angliae , of dictae terrae nostrae Hiberniae fiat , quibuscunque mandatis nostris * sub magno vel privato sigillo nostro Angliae , vobis aut aliis Ministris in terra praedicta ante haec tempora directis , non obstantibus . Et quod ad prosecutionem omnium & singulorum qui conqueri voluerint errores in recordis vel processibus coram aliquibus Justiciariis seu aliis Ministris praedictis intervenisse . Rotuli eorundem Recordorum & Processuum in Parliamentis nostris in eadem terra tenendis , per Justiciarios seu Ministros , coram quibus Recorda & Processus illa fuerint , deferantur , et ibidem eadem Recorda et Processus diligenter recitentur et examinentur , et errores si quos in eisdem inveniri contigerit , debite corrigantur . Et ideo Vobis mandamus , quod Ordinationem praedictam in terra nostra praedicta teneri , & partibus conquaerentibus plenam & celeram Justiciam fieri faciatis in forma predicta , quibuscunque mandatis vobis aut aliis in terra praedicta ante haec temporae in contrarium directis , nonobstantibus . Ita quod aliquis materiam non habeat Nobis pro defectis Justiciae , super casibus praedictis , de caetero conquaerendi . Teste Rege apud Westm. 30 die Augusti . Per ipsum Regem et Consilium If then the King and his Counsel in England might thus by this their Ordinance made in England , without a Parliament , redress these grievances and faylers of Justice in cases only of private concernment in Ireland it self , formerly examinable and remediable only in England , for the ease and benefit of the loyal Subjects ( not of Irish Enemies , and Rebels ) there ; much more may the King and Parliament of England for the preservation of the Kings Crown , interest , and of the lives , inheritances of all his loyal Subjects there , and securing the peace of Ireland , enact and ordain , that all Irish Rebels , Traytors , committing , High Treason , and taking up Arms against the King , and destroying his Liege people there ( especially in times of universal Rebellions and Insurrections ) shall be sent over thence , and tryed for the same in England , by a sworn Jury of lawfull indifferent Englishmen in the Kings Bench , be they Commons or Peers of Ireland , without any injury or injustice . Thus submitting this Argument to the candid censure , and friendly embracement of every judicious Reader , and craving a share in his Prayers for Gods gracious blessing both on me and it , I leave it to the Readers immediate perusal without further Prologue . From my Study in Lincolns-Inne June 19. 1658. on which day of the Month 1637. I was taken * Pro confesso by the Star-Chamber Lords upon a pretended contempt , in REFUSING TO ANSWER ; when as themselves refused to give me leave to plead , or answer , and rejected the Answers tendred in Court under my own and my Councels hand , to the Information there exhibited , against all Rules of Law , Iustice , and of that very Court . William Pryn. THE ARGVMENT OF WILLIAM PRYNNE of Lincolns-Inne , Esq Hill. 20 Car. Banc. Regis . IN THE Case of the Lord Cannor Magwire Baron of Ineskellin in Ireland ( the chief contriver of the late Irish Rebellion and Massacre of the Protestant English ) against whom he was assigned Councell by both houses of Parliament . COnnor Magwire , by the name of Connor Magwire of London Esquire , was in Michaelmas Tearm last , Indicted in this Court for several high Treasons committed by himself , together with Hugh Mac-Mahon and divers other Conspiratours and false Traytors against our Lord the King within the Realm of Ireland in partibus transmarinis , on the 23 day of October 17 Caroli , Upon his Arraignment at this Bar , after not guilty pleaded , being demanded , how he would be tryed ? he put in this special Plea , as to the particular manner of his Tryall only , under his Councels hand . That by the Statute of Mag. Charta , it is enacted , That no freeman ought to be imprisoned &c. Nor will we passe upon him , but by the lawful Iudgement of his Peers , or by the Law of the Land . That after this in a Parliament held at Droghedah in the Kingdome of Ireland in the 10th . year of King Henry 7th . it was enacted : That all Statutes late made within the Realm of England concerning or belonging to the Common an a Publique weal of the same , from thenceforth should be deemed good , and effectual in Law : and over that , be accepted , used and executed within the Land of Ireland in all points , at all times requisite , according to the tenor and affect of the same . And that by authority aforesaid they and every of them be authorized , approved , and confirmed in the said Land of Ireland : That before the time of the supposed Treasons , King Charles by his Letters Patents under the great Seal of Ireland , bearing date the last day of August , in the 4th . year of his Raign at Dublin in Ireland , did create Brian Magwire , Father of the said Connor Magwire , Baron of Iniskellin in the County of Farmanagh in the said Realm ; and granted to him and the Hei●●males of his body , the title , honor and dignity of the said Barony , and to have a place and voice among the Peers and Nobles of Ireland in the Parliaments of that Realm ; By virtue whereof the said Brian was seised in his demesn as of Fee tayl of the said Barony , and dyed seised thereof at Dublin 1 Feb. 12 Caroli . before the supposed Treasons : after whose death , the said Barony discended to him as Heir in tail : That by virtue of these Letters Patents , before the said supposed Treasons committed , he was one of the Barons , Lords , and Peers of Parliament in the Realm of Ireland ; and at the Parliament begun and held there the 16th . day of March . 16 Car. at Dublin , and continued untill the 17th . of August then next following , and then adjourned till the 9th . of November next ensuing , and thence proroged to the 24 of February next following , and from thence continued till the 24 of Iune Car. he was present as one of the Peers of the Realm of Ireland . And further saith , that on the 23 of October 17 Car. he was taken and arrested by certain Persons to him unknown at Dublin in Ireland , and there committed to safe Custody for the Treasons pretended to be committed by him , till afterwards he was on the 12 of Iune 18 Car. by certain Persons to him unknown , brought in safe Custody , against his Will , to Westminster within the Realm of England , and then and there committed to the Tower of London , where he is yet detained . And therefore prayeth , that he may be tryed and judged by his Peers of the Realm of Ireland for the supposed Treasons in the Indictment . To this plea of his , Mr. Aske the Kings Attorney in this Court hath demurred in Law , and the Prisoner hath joyned in demurrer : And whether this Plea of the Prisoner as to his tryall by his Peers of the Realm of Ireland , be good in Law ? is the sole question to be now argued . This Case is of very great concernment , and yet of greater expectation : It concerns the whole Peerage of Ireland in some respects , on the one hand ; and on the other , the Iustice both of the King , Parliament and Kingdome of England , in bringing a desperate Rebell and Arch-Traytor to condigne punishment , for the most horrid , bloody Treason against the Kings Royal Crown and authority , the Protestant Religion , and the whole English Nation inhabiting Ireland ( devoted to destruction by this Traytor and his Confederates ) that ever was plotted or executed under the Sun . The eyes of all our 3 Kingdomes highly concerned in and deeply suffering by this Treason ) but more especially the eyes and hearts of our adjoyning vigilant Parliame●t ( which hath specially recommended it to this Court and assigned my self among others , Counsel in this Case ) are intentively fixed upon the final result and issue of it . I wish my vacancy to study and abilitie to argue this publique Cause , had been such as might have satisfied expectation , and discharged the trust reposed in me ; but other publique services having much interrupted me therein , I shall begin to argue it for the present with the best skill I may , and so leave it to those learned Gentlemen of the Law ( if there shall be need of any further Arguments ) who are provided to argue after me , to supply what is defective in this my proemiall Argument . All matters of fact and form arising in this Plea , have been already admitted true , and sufficiently pleaded in Law by mutual consent , and nothing but the meer matter in Law rests now to be debated , which I conceive to be but one short single point . For though the Prisoner pleads , that there was a Parliament , of which he was a Peer and Member , continuing in Ireland by prorogation at the time of his apprehension and sending over into England ; Yet this Privilege of Parliament , comes no wayes in question as to the point of his triall , now only in issue ( as hath been falsly suggested to the Lords house and intimated in an Ordinance of theirs since revoked , ) but relates only to his first apprehension , which is not here in controversie ' Besides , he pleads not , that this Parliament is yet continuing and actually sitting in Ireland , of which he ought to have * the privilege ; but that it was continued till the 24 of Iune 17 Car. which is 3 years since , and so intended to be long since ended : Nor pleads he , that he ought to be , or to have been tryed for this Treason in the Parliament of Ireland , nor that his privilege of Parliament ought to extend to secure him from any apprehension or Indictment for high Treasou , ( when the Treason is visible and reall , as his is , and not imaginary only , in which Case of Treason no privilege of Parliament is to be admitted , as hath been resolved 8 H. 6. rot . Parl. n. 57. 31 H. 6. rot . Parl. n. 25 , 26 , 27. Cooks 4. Instit. fo. 25. So as the matter of his privilege of Parliament , is quite out of dores , and the sole point in issue is but this . Whether a Peer of Ireland committing high Treason in Ireland , for which he is there apprehended , and afterwards by order of Parliament here , brought thence into England against his Will , may be endicted and tryed for that Treason in this Court of Kings Bench , by a Jury of Middlesex only ; not by his Peers of Ireland ; by virtue of the Statute of 35 Hen. 8. chap. 2. ? And under favour , I conceive in some clearness affinmatively , that he ma● and shall be tryed here by an Ordinary Iury of Middlesex , and outed of his Peerage , by virtue of this Act . The Question arising meerly upon the Act it self , which is very short , I shall first recite it , and then draw my Arguments , out of the very intention , words and bowells of it . FOrasmuch as some doubts , and questions have been moved , that certain kinds of Treasons done , perpetrated or committed out of the Kings Majesties Realm of England and other his graces Dominions , cannot , ne may by the Common Laws of this Realm be enquired of , heard and determined within this his said Realm of England ; for a plain remedy , order , and declaration therein to be had and made ; Be it enacted by Authority of this present Parliament , that all manner of offences being already made or declared , or hereafter to be made or declared by any the Laws and Statutes of this Realm , to be Treasons , misprisions of Treasons , or concealments of Treasons , and done , perpetrated or committed by any person , or persons out of this Realm of England ; shall be from henceforth , inquired of , heard and determined before the Kings Iustices of his Bench , for Pleas to be holden before himself ; by good and lawfull men of the same Shire where the said Bench shall sit and be kept : or else before such Commissioners , and in such Shire of the Realm , as shall be assigned by the Kings Majesties Commission , and by good and lawfull men of the same Shire , in such manner and form , to all intents and purposes , as if such Treasons , or Concealments of Treasons , had been done , perpetrated and committed within the same Shire where they shall be so inquired of , heard and determined as is aforesaid . Provided alwayes , that if any the Peers of this Realm shall happen to be endicted of any such Treasons or other offences aforesaid , by authority of this Act , that then after such Indictment they shall have their Tryall by their Peers , in such like manner as hath been heretofore accustomed . From this Act I shall deduce several Arguments and conclusions to prove , that the Prisoner at the Bar , though a Peer of Ireland , shall be tryed by an ordinary Iury of Middlesex , here , not by his Peers in , or of Ireland , for the Treasons committed in Ireland , whereof he stands here indicted . For my more methodical proceeding , I shall divide the single point in controversie into these 3 subordinate Questions . 1. Whether this S●atute extends to Treasons committed in Ireland , by Irish Commoners ? 2ly . Whether it reacheth to Treasons in Ireland perpetrated by Irish Peers , as well as by Irish Commons ? 3ly . Admit it extends to Irish Peers as well as Commoners , whether it doth not then inevitably out them of their Tryalls by Irish Peers , and Subject both of them alike to a Tryal at this Bar , by a Middlesex Iury ? For the first , Whether this Act extends to Treasons committed in Ireland by Irish-Commoners ? There is but little doubt of it . For first , it is as clear as the Sun at Noon-day , that this Act extends to all Treasons done or perpetracted in Ireland by Irish-Commoners ; for the main scope and intent of this Law being , to make all manner of offences then made or declared , or hereafter to be made or declared to be Treasons , misprisions of Treasons , or concealments of Treasons , by any Laws or Statutes of this Realm , done perpetracted or committed by any person or persons out of England , inquirable or tryable within this Realm , without any scruple or difficulty , either in this Court , or before such Commissioners in such Shire of this Realm , as the King by his Commission shall assign ( the very sum and substance of this Act , as the express letter thereof resolves , ) the Realm of Ireland , being out of this Realm of England , and no part thereof , and Treasons therein committed by Commoner , being Treasons done and perpetrated out of this Realm of England ; ( as is clear by 20 H. 6. f. 8. a. b. ●9 H. 6. 53. b. 32 H. 6. 25. b. 2 R. 3. f. 12. 1 H. 7. f. 3. Plowden , 368. b. Dyer , f. 360. b. Cook 7. Report . f. 22 , 23. Calvins case , ●H . 5. c. 8. 4 H. 5. c. 8. 4 H. 5. c. 6 , Cooks 3 instit. p. 1● . 18. ) These treasons must certainly and most necessarily be both within the intent and words of this Law ; and so consequently tryable in this Court by an ordinary Jury of Middlesex , without any scruple or difficulty . The rather because Ireland , though out of this Realm of England , is vet part of the Kings dominions , and a subordinate Kingdom , united and annexed to the Crown of England , governed by the Laws of England , and bound by Acts of Parliament made in England in many Cases , as is resolved and undeniably evidenced by Pat. 6. Iohan. in . 6. n. 17. Rot. Pat. 8 Johan . m. 1. Claus. 12. H. 3. m. 8 , Pat. 30 H. 3. m. 3. 14 H. 3. The Statute of Ireland . Pat. 5 E. 3. pars 1. m. 25. 11 E. 3. c. 2 , 3 , 4 , 5. 27 E. 3. c. 3 , 18. 13 E. 1. Stat. de M●rcat . 1 H. 5. c. 8. 4 H. 5. c. 6. 1 H. 6. c. 3. 3 H. 7. c. 8. 1 H. 8. c. 5. ●32 H. 8. c. 4. 35 H. 8. c. 2. 32 H. 6. Statutes of Ireland , c. 1. 8 E. 4. in Ireland , c. 1. 10 H. 7. in Ireland , c. 4 , 5. 22. 7 H. 8. in Ireland , c. 1. 28 H. 8. in Ireland , c. 2 , 3 , 5 , 6 , 7 , 8 , 13 , 15. 18 , 19. 33 H. 8. in Ireland , c. 1. 1 H. 7. f. 3. Kelway , f. 202. b. Cooks 7 Rep. of 22 , 23. Calvins case . 1 In●tit . f. 141. b. 4 Instit. f. 349 , 350 , &c. 3 Instit. p. 18 , Mr. Saint Johns Argument at Law at Straffords attainder , p. 53. to 64. And therefore Treasons there committed are more apt and proper to be tryed here within the letter and intention of this Law , then Treasons done in France , Spain , or any parts else out of the Kings dominions , where our Laws and Acts of Parliament are not obligatory . 2. This Statute ( as I conceive ) was principally made to punish Treasons , misprisions of Treasons , and concealments of Treasons in Ireland , where they were more frequently done and perpetrated , than in any or all parts of the world out of this Realm of England , as our Histories and the * Irish-Statutes record : And the ●orid general Treason , Insurrection and Rebellion in Ireland ( much like this for which the Prisonner is indicted ) mentioned in the Statute of Ireland , 28 H. 8. c. 1. but 7 years before this Act , with other frequent Treasons and Rebellions there , were no doubt the chiefest ground of making this new Law . And that which puts it out of all dispute is the Statute of 28 H. 8. made in the Parliament at Dublin in Ireland , c. 7. which reciting the Statute of 26 H. 8. c. 13. made in England concerning Treasons , and enacting , ( as this of 35 H. 8. ) That if any of the Kings Subjects , Denizens , or others do commit or practise out of the limits of this Realm ( of England ) in any outward parts , any such offences which by this Act are made , or heretofore have been made Treason , that then such Treason , whatsoever it be , that shall so happen to be done or commitshall be inquired and present●d by the oaths of 12 good & lawfull men , upon good and probable evidence and witness , in such Shire and County of this Realm , before such persons ●● it shall please the Kings Highness to appoint by commission under his great Seal , in like manner and form as Treasons committed within this Realm have been used to be inquired of and presented , & that then upon every indictment and presentment founden and made of any such Treasons , and certified into the KINGS BENCH , like process and other circumstance shall be there had and sued against such offendors , as if the same Treasons so presented had been lawfully found to be done and committed within the limits of this Realm , &c. Addes this memorable clause thereto , Considering then this Statute made in the Realm of England , is most beneficial and expedient to have due execution within the Kings Land and Dominion of IRELAND , especially in respect of the high rebellion here lately committed , that the odible infamy against the King and Queen in the same Act expressed , and other offences , abuses , and abominations there mentioned , principally have been promulged , pronounced , done and attempted within this said Land , Be it therefore established , ordained and enacted by authority of this present Parliament , that the aforesaid Statute and Ordinance , and every thing and things therein con●ained , be established , confirmed , acce●ted , deemed , iudged and taken for a good and right Law within the Kings Land and Dominion of IRELAND , and to be as good , effectual , and of the same strength and quality , effect , force and vertue to all intents and purposes within the said Land , as the same is or ought to be in the Realm of ENGLAND ; and that the said Statute and Act made in ENGLAND , and every thing therein contained , shall have relation , and take effect within this Land of IRELAND against all offendors contrary to the form thereof , &c. Now that Act of 26 H. 8. c. 13. with this of 35 H. 8. c. 2. being principally made and intended for the Treasons done and committed in Ireland , as this Irish-Parliament resolves in terminis , and being most beneficial and expedient for that Realm ; it wou'd be very illegal , yea irrational , absurd , impolitick , and improvident to exclude Ireland out of this Law , where Treasons were most frequent , most dangerous to out Kings and Realm , and to extend it only to other places out of the Realm , where Treasons were seldome done or perpetrated , and nothing so perilous to the King and Realm of England , as Treason● , Rebellions in Ireland have usually been in former and later ages . 3ly . It hath been adjudged by all the Judges of England both in * Orourks case , 33 Eliz. and in Sir John Parrets case 24 El. cited in Calvins case , Cooks 7 Report . f. 23 a. in his 1 Institutes on Littleton , f. 26. b. 3 Institut . p. 11 , 24. and so was it agreed without any argument in Hugh Mac● Mahones case this last Michaelmas Term ( the P●l●o●e●● Confederate in this horrid Treason ) that Treason committed in Ireland it self by an Irish Commoner , is tryable in this Court by this very Statute , contrary to the sub●tane extrajudicial opinion of Dyer , M. 19 , & 20 Ell● . fol. 360. ) resolved since to be no Law ; Seing then it hath been thus frequently resolved heretofore , and in case of the Treasons now in question this very last Term without any scruple ; That an Irish-Commoner committing Treason in Ireland , and brought over from thence hither against his will , is tryable in this Court by a Middlesex Jury ; there is no doubt at all of the first question , but that this Statute extends to Treasons committed in Ireland by Irish Commoners , and the doubt ( if there be any ) will rest meerly in the second point , which I am already arrived at . Namely , Whether this Act extends to Treasons perpetrated in Ireland by Irish-Peers , as well as by Irish Commoners ? And under correction , I conceive with much clearness that it doth for the s●●●suing reasons . 1. From the generallity and universality of the Act it self , wherein I shall observe a four-fold universality , which supplies me with four undenyable arguments , to prove Irish Peers , within this Law , as well as Irish Commoners . The first , is a universality of the Kinds of offences specified in the Act , in these general Terms ; All manner of offences being already mad : or declared , or here after to be made or declared by any the Laws or Statutes of this Realm , to be Treasons , misprisiion of Treasons , or concealment of Treasons , done or perpetrated out of this Realm of England , shall be enquired of by the Kings Iustices of his Bench &c. Now these general words All manner of offences , &c. must necessarily extend to all manner of Treasons perpetrated or committed out of this Realm by Peers as well ar Commoners ; To the Treasons of the Lord Magwire , as well as to the Treasons of Mac Mahone Esq , they being the selfsame Treasons in substance , and a manner of Treasons specially made and declared by the Laws of this Realm , since there are no restrictive words to confine these general clauses of Treasons only to Commoners , and no expresse exception for the offences or Treasons of Irish Peers to be found within the Statute ; else there would be a repugnance and contradiction between the text and the Glo●●e , and this general should be turned into a specifical in respect of the Traitors offending . Therefore this general clause extending to all Treasons whatsoever done or perpetrated out of the Realm , must necessarily extend to the Treasons of all Irish Peers as well as Commons , and so both of them by the words and intention of this Law shall be triable in this Court . The second is , a universality of time . All manner of offences already made or declared , or hereafter to be made or declared Treason &c. done perpetrated or committed , or hereafter to be done , perpetrated or committed , shall be enquired of by the Kings Iustices of the Bench , &c. which extends to all former Treasons done out of the Realm at any time before the making , and to all future Treasons since the passing of this Act : Now this universality of time extends as well to the Treasons of Irish Peers as Commoners , to the Treasons of Baron Magwire as well as of Mr. Mac-Mahone , both being alike Treasons committed after this Act . The 3d. is . a * universality of place , All manner of Treasons done , perpetrated or committed out of this Realm of England : that is , in any place whatsoever out of the Realm of England , be it in Ireland , Scotland , France , Spain , Germane , Italie , Barbary , Turkie , the East or West Indies , as was resolved in Dr. Stories case , Hil. 13 Eliz. Dier 298 b. ● & 3. Phil. & Mar. Dier 131 , 132. Now this extends generally to all forein Treasons committed by Peers as well as Commons , and so to the Treason of the Prisoner at the Bar , it being done in Ireland , out of this Realm of England , and so fully within the Act . The 4th . ( which is fatal and unanswerable ) is a universality of Persons , coupled together with all the 3 former generalities in these expresse words . All manner of offences made Treason &c. done , perpetrated or committed By any Person or Persons out of this Realm of England ; shall be from henceforth inquired of , heard and determ●●e● before the Kings Iustices of his Bench , &c. Now any Person or Persons , being a universal expression , equivalent to all manner of Persons whatsoever , Collectively : or , to all and euery Person whatsoever , distributively , extends to Irish Peers as well as Commoners , yea to all Subjects of all Ranks whatsoever , within the compasse of this Law in regard of the manner of Tryal , but such only who are excepted out of it by special Proviso . Now Irish Peers are none of those Persons excepted , as I shall prove anon . That these words any person or persons , extend to Peers as well as Commoners , where there is no exception of Peers , is undeniable . First because a Peer is a Person , though of a higher rank or degree than an ordinary Commoner or Freeman ; and one kind of person in Law ; therefore within these words any person or persons . 2ly . Because general Laws made for the common good safety of the Realm , and punishment of the grand crime of High Treason , are like to Go himself , * No respectors of persons , but bind and punish all alike . Therefore any person or persons in such a publick Law as this , made for the common good , safety , and punishment of the greatest Treasons , Evils , must necessarily include all persons , subjects whatsoever , and except none , especially the greatest , whole examples and offences are commonly most dangerous and pernicious . Thirdly in all publick Acts whatsoever ; These words any person or persons , extend to Peers as well as Commoners , and I know no one President to the contrary . To instance in some few Acts instead of many ; In the Statutes of 26 H. 8. c. 13. & 5 , & 6 E. 6. c. 11. concerning Treasons , any person or persons ; or any of the Kings Subjects , Denizen , or others , that shall commit or practise Treason out of the limits of this Realm , in any outward parts ; extend to Peers as well as Commons . Therefore in this Act of the same nature . So in the Statutes of 1 Ed. 6. c. 1. 2 & 3 E. 6. c. 1. 5 & 6 E. 6. c. 1. & 1 Eliz. c. 2. If any person or persons shall deprave or revile the most blessed Sacraments , or the book of the Common prayer , &c. In the Statute of 1 Eliz. cap. 1. and also of 5 Eliz. cap. 1. If any person or persons , &c. shall extoll , &c. the power of the Bishop of Rome , or of his See , 13 Eliz. c. 1. If any person or persons shall bring in , or put in ure any Bull from the Bishop of Rome , Agnus Dei , Pictures , Crosses , &c. In the Statute of 23 Eliz. c. 2. If any person or persons shall with a malicious intent speak any false or seditious news of the Queen , &c. In 27 Eliz. c. 2. If any person or persons shall barbour or contribute any mony to the maintenance of any Jesuites , Priests &c. In all these Acts ( to pretermit * many others ) the words any person or persons , extend to Peers as well as Commons , as is resolved in the bodies and Provisoes of all these Acts : Yea , in the Statute of 25 E. 3. c. 2. of Treasons ( though a most penal Law ) the words are only ; If a man do compass or imagine the deach of the King ; If a man do levy war against the King in his Realm , &c. If a man counterfeit the Kings Broad or Privy-seal , or his mony , &c. Yet it hath been resolved without dispute in all times , and so agreed by Sir Edward Cook , Institutes 3. p. 4 , 5. That this word a man , extends to both sexes alike , including women as well as men , Peers as well as Commoners , Lords , as well as Pesants . yea all ranks , callings , conditions of men who are Subjects : and that this word man in the singular number only , extends to many men to any number of men committing any of these Treasons joyntly , as well as to a single man or Traytor , because it is a general Law , made for the safety of the Kings person , and the Realm . Much more then must any person or persons , in this Statute , being both in the singular and plural number , and in common acceptation a far more universal , general , and comprehensive expression than this of a man , in 25 E. 3. c. 2. extend equally to all sorts , sects , and degrees of men , as well as it , and so to Peers as much as it , and to Peers as well as to Commons , as it doth in the Statutes of 25 H. 8. c. 22. 26 H. 8. c. 13. 27 H. 8. c. 2. 33 H. 8. c. 12. & 20. 5 E. 6. c. 11. 1 Mar. c. 6. 1. & 2 Phil. & Mar. c. 9 , to , 11. 5 Eliz. c. 1. 13 Eliz. c. 2. 18 Eliz. c. 1. 23 Eliz. c. 1. 27 Eliz. c. 2. 3 Jac. c. 4 , concerning Treasons . 2ly . My second Argument to prove Irish Peers within this Statute , is , because Irish-Commons are within its Verge even for Treasons committed in Ireland , as hath been adjudged in the forecited cases of Orourk , Sir John Parrot , and Mac-Mahone : For Laws and Law givers being no respectors of persons , where the offences be the same , and there being no one clause , word , or syllable in this Statute extending to Irish-Commoners Treasons , but which doth , may and ought by the self same Justice , reason , equity to extend to the Treasons of Irish-Peers , ( this Statute making no distinction between the one and other , and the Commons of Ireland having as absolute a right and Inheritance in their native Privilege of being tryed by their Peers in Ireland , ( which yet is taken away by this Act in case of Treason ) as the Peers in Ireland have in their Peerage to be tryed there by their Irish-Peers : ) We must not , yea we cannot in point of Justice distinguish between the one and other , where the Law it self makes no distinction : Therefore since the Irish Commoner is undoubtedly within the words and scope of this Act to be tryed at this Bar by a Middlesex-Jury , the Irish-Peer ( unless we will judge with respect of persons , and coyn a distinction not warranted by this Act ) must be also tryed in the self-same manner . The Law is the same , the crime is the same , both in Magwires and in Mac-Mahones cases , therefore the Tryal and Judgement too must in law , reason be the same in both . 3ly . It will be granted me without dispute , That if an Irish-Peer commit Treason in any forein parts out of England and Ireland , as in Spain , France , Flanders , Italy , or Germany , he shall be tryed in this Court by an ordinary Jury if Free-holders , and not by his Peers in Ireland , by vertue of this Act. Nay , if he commit Treason in Ireland , and flye into England ; he may and shall be tryed for that very Treason by an ordinary Jury at this Bar , * because by flying his Country , and a legal tryal there , he hath outed himself of the benefit of his Peers . Therefore it extends to Irish-Peers , even for Treasons done in Ireland , else they could not be tryable here in any of these Cases , which are granted on all hands to be Law . 4ly . It is evident by the Proviso in this Act , that English Peers committing any manner of Treasons out of this Realm , are tryable for it in England by vertue of this Law , as well as English Commons , though they were not so by the Common-law . Therefore Irish Peers committing Treason , shall be within it likewise , & so tryable here as well as Irish Commons , else they should be in far better condition than English or Scotish Peers , and quite exempted out of this Act. Now the same words that bring English-Peers within this Law , must of necessity hook in Irish-Peers too , there being no clause which exempts or includes the one more than the other . 5ly . The very letter , intent , and scope of this Act ( as appears by the body of it , and likewise by the Statutes of 26 H. 8. c. 13. & 5 , & 6 E. 6. c. 11. to the same effect ) was , to make all Treasons done or commiteed out of England by any person or persons whatsoever , tryable in England , either before the Justices in this Court , or * before special Commissioners in some other Counties ; but to be still tryable within this Realm , as the words ( All manner of Treasons hereafter to be done , perpetrated , or committed by any person or persons out of the Realm of England , shall be from henceforth enquired of , head , and determined before the Kings Justices of his Bench &c. ) clearly resolve in direct terms : Therefore to make the Treasons of Irish-Peers committed in Ireland or elsewhere tryable here in England , as well as the Treasons of English-Peers , or Irish-Commoners . And to send them back into Ireland to be there tryed by their Peers , when once they are here in Prison , and indicted in this Court , by exempting them out of this Act , contrary to the very letter and intent of the Law , is to run point-blank against the very words and meaning of this Law and the Law-makers : Therefore he must by this Act be tryed at this Bar , and that by an ordinary Jury only , as I shall prove anon . 6ly . The very scope and sole purport of this Act is not to make new Treasons or Traytors , which were none before , but to bring real Traytors only for Treasons formerly made , or hereafter to be made and declared Treasons by the Laws and Statutes of this Realm , to exemplary punishment in this Kingdome , for the peace and preservation of the King , Realm , and the better execution of Justice ( the very life of Laws ) upon Delinquents only of the highest rank , for the most transcendent crimes of High Treasons , of misprision , or concealments of Treasons , not for Felonies , or petit Treasons : Which consideration must necessarily induce us , for the common good , to give it the largest , fullest , and most equitable constraction that may be . Thus the Judges in former times have always interpreted it , as appears by Dyer , f. 132 , 298. Cookes 7. Rep. Calvins Case , f. 23. a. his first Institut . on Littleton , f. 26. his 3 Instit. p. 24. and in Orourkes case ; wherein the Judges resolved . 1. That the Statute of 1 Mar. Sess. 1. repealing all former Treasons , but those within 25 E. 3. and of 1 & 2 Phil. and Mar. c. 10. enacting , That all Tryals hereafter to be had for any Treason , shall be had and used only according to the due course of the Common-law of this Realm , and not otherwise : exend not to the taking way of forem Treasons or their tryals by this Law ; And in Orourks case , they extended it by equity , beyond , and in some sort against the letter of the Law it self ; for he standing mute , and refusing his Tryal , was thereupon condemned and executed for a Treason committed by him in Ireland , though the words of the Statute are , The Treason shall be enquired of , heard and determined before the Justices of the Kings Bench by good and lawfull men of the same Shire , where the said Bench shall sit ; and the Act speaks nothing at all of standing mute . But this being a publique Law for the Common good , to bring Traytors only to their Tryal and just punishment , his refusal to put himself upon his Tryal , was adjudged to be a determination and conviction of his Treasons within the Act , else any Traytor by standing mute might evade and frustrate this good Law . If then this Statute may thus be construed by equity and dilated beyond the words to one who stands mute , for a Treason done in Ireland : much more may it be extended to a treason by an Irish-Peer , who is fully within the words and intent of it , as I have already manifested : And it would be a most pernicious gloss which should either elude or nullifie this beneficial publique Law . 7ly . It is clearly resolved in and by our Parliaments , 13 E. 1. Proem. 13 E. 1. of Statute Merchants , 21 E. 3. rot . parl. n. 67. in the Statute of 5 H. 5. ch. 6. & in divers of our * Law-books , That Acts of Parliaments made in England , wherein Ireland is either specially named or generally and necessarily included , do bind those in Ireland both Commoners or Peers alike . This therefore being such a Law , extending and binding those in Ireland as hath been resolved in the forecited Cases , it must certainly bind both the Peers and Commons of Ireland to a Tryal at this Bar for Treasons done in Ireland , when the King and Kingdom deem it necessary or expedient to try them here in England . 8ly . The Proviso in this Act for tryal of Treasons done out of this Realm , by Peers within the same , extends only in positive terms to Peers of this Realm of England , because they only are Peers within England , and so only tryable by their Peers , for forein Treasons within the same , not to Peers of Ireland who are no Peers at all , nor tryable by their Peers within this Realm of England , Therefore this Proviso extending only to Peers of this Realm , excludes all other forein Peers whether Irish or Scots , from any tryal by their Peer● in England for Treasons acted out of it . 9ly . There is very great reason why Natural Irish Peers and Barons should be within the compass of this Law as well as Commoners , and rather they than any other forein Peers , because as our * Historians , the Irish Annals , Statutes and our Records do testifie , ever since their conquest by K. Henry the 2d . and submission to the Kings of England , they have frequently ( almost every year ) in most Kings Reigns broken footh into private , petit , or general Rebellions and Insurrections against the English ( as I could instance in sundry particulars ) in which Rebellions I commonly find a Magwire , a Mao-Mahon , and Oneal , in the van , as Ring-leaders of all the rest , as they were in this last Rebellion , wherein most of the native Irish Peers and greatest septs have been deeply engaged as principal Conspiratours . Among other Rebellions I find in Story , and ( which is more authentick ) in the express Statute made in the Parliament at Dublin in Ireland , anno 28 H. 8. c. 1. ( but 7 years before this Law ; ) That Gerald Fitz Gerald Earl of Kyldare , the Earl of Desmond , with divers other of the Irish Peers and Gentry conspiring together , to extirpate the English , and deprive the King of his Soveraignty in Ireland , did send to the French King , the Emperour and Bishop of Rome , for ayd and assistance for taking the same Land out of the Kings and English possessions ; and thereupon with Banners displayed and great forces traytorously invaded the Kings dominions there , besieged the City and Castle of Dublin , murdered the Kings good Subjects , who withstood them , and resisted the Kings forces sent from hence , &c. for which they were all by this Act attainted of High Treafon . The like general Rebellions have there broke forth sundry times both before and since that Act ; but none so generally , dangerously , bloodily , as this for which the Prisoner at the Bar stands endicted . The Treasons therefore in Ireland being commonly so frequent , so general , ( wherein most of the native Irish-Peers , and some of the English extraction too ) were usually chief Actors ; there was very great reason , policie and justice too , why such a Law as this should be made , to reach to Ireland , and why in such cases as these , ( Rebellions there being so universal , and most of the Irish Nobility , Conspiratours , and parties in them ) that these Peers and the chiefest Conspiratours when surprized , should be presently sent over from thence into England and tryed there for their Treasons . 1. To secure their persons from escapes and rescues , which might be there more easily procured , especially when and where the Irish Rebells are Masters of the Field , as the Statute of 17 H. 7. in Ireland . c. 14. resolves . 2ly . To avoid a * fayler of Justice there , when by reason of the many Irish Peers there out in actual Rebellion , or by means of alliance of most other Peers to them , or of the flight of other thence , or the employment of them in service , or places of trust , or by reason of the interposition of the Rebels forces between them and the place of their Tryal chere , a competent number of indifferent Irish Peers for a speedy Tryal cannot be assembled with safety or conveniency in Ireland to try a Rebellious Traytor by his Peers there ; which obvious defects are all supplyed by this Act . 3ly . To prevent all partiality and injustice in such Cases , which might happen in Tryals by Peers in Ireland either by consanguinity or alliance of the Peer to be tryed , to the Irish Peers who are to try him , or by confederacy of the Tryers in the same Treason with the party tryed ; or through fear of mischief or revenge upon the Tryers , Jury , Witnesses , Judges , by the tryed Rebels Friends , Kindred and Confederates , in case he should be condemned by them and executed ( none being so vindictive and bloody in this kind as the Irish ) Upon all which weighty reasons , there was special cause , why both in justice , policy , and prudence , all Irish Peers , who by publick Rebellion commit High Treason in Ireland , should be sent over and tryed here by ordinarie Juries , to prevent the forenamed mischiefs and fayler of Justice , and bring them to condign punishment . Now in this case here in judgement at the Bar , all these recited reasons hold . For first , most of the Irish Peers were in actual Rebellion when the Prisoner was sent over : most of the English and Protestant Irish Peets there , eimurthered or forced to flye thence , or so dispersed and imployed , that they could not assemble a competent number of indifferent Peers to any place with conveniency to try him in Ireland . 2ly . The enemies and Irish Rebels were then Masters of the field in most places , the Prisoner in danger to be rescued by force from them , or by treachery likely for to escape out of their hands ; and the times so troublesome , as would admit no leasure for such a Tryal . 3ly . Most of the Irish were-allyed to Magwire , or ingaged with him in the self-same Treason and Rebellion ; and so neither in Law , Justice , or Prudence fit or indifferent persons to pass upon his Tryal in this Case of most publick concernment . 4ly . The Judges , Witnesses and Peers that should try him there , would have been in extreme perill of their lives , and of exemplary publick revenges from their Confederate-Rebels , who threatned revenge , as appears by Mac-Mahons Speech ( Magwires Confederate ) to the Justices upon his ●irst examination : I am now ( said he ) in your hands , and you may do with me what you please : But I am sure within few daies I shall be revenged : and by like words of revenge used by Owen Oneile in Flanders so soon as he heard Magwire was apprehended . 5ly . If he should now be sent back from hence into Ireland to be tryed , the Rebels and his party are there so predominant , that scarce any Witnesses , nor Peers , nor Judges either would or durst there to appear openlie against him ; or else such means would be made to delay or delude his Tryal and Execution , that by some device or other , there would questionless be a fayler of Justice against him . Therefore for all these weighty reasons , he may and ought by all rules of Policy , Equity , and Justice to be arraigned and tryed only at this Bar by vertue of this Act , which so clearly extends unto him ; That so the blood of * above one hundred and fifty thousand innocent Protestants shed in Ireland in less than four months space by means of this Rebellion , which cryes loud to Heaven and Earth for revenge against this great Contriver and Arch-promo of it , may not go un-revenged in a way of publick Justice to our eternal infamie . I have quite done with the second and main Question , and proved an Irish Peer to be within the Statute , as well as an Irish Commoner . I shall now proceed to the last point , arising from the manner of this Plea , that he may be tryed by his Peers , not expressing , where or how , and intimating that he would be so tryed here in England . It is briefly this . Admitting an Irish Peer to be tryable in England for a Treason committed by him in Ireland , whether this doth not inevitably out him of his Tryal by Irish Peers , and subj●ct him him to a Tryal at this Bar by an ordinary Jury , as well as an Irish Commoner ? And I conceive without any scruple , affirmatively ; that it doth , for these undenyable Reasons . 1. Because Irish Peers , are Peers only in Ireland , not in England , and cease to be such in judgement of Law so soon as ever they arive in England , both personally in themselves and relatively to others , being here in judgement but mere Esquires , not Lords , and are to be sued as such , not as Lords or Peers , even as Peers of Scoland , France , or Spain are , as is resolved and adjudged 11 E. 3. Fitzh. Brief 473. 8 R. 2. Process , Fitzh. 224. 20 E. 4. 6. Brook , Nosme de dignity , 49 M. 19 & 20 Eliz. Dyer 360. b. Cooks 7 Rep. f. 15 , 16. Calvins case , Co. 9 Rep. f. 117. the Lord Sanchers Case in point , and Cooks 3 Instit. p. 30. The Prisoner then being no Peer in England , it is impossible that he should be tryed in England by his Peers . 2ly . Because no such way of Tryal was ever yet heard of in any age , of any Irish or other forein Peer , tryed here in England , either by English Peers , or by his Irish or forein Peers ; Therfore such a Trial shall not nor can be had or admitted now , 3ly . Because neither the Kings Bench , nor the Commissioners before whom the Statute limits these forein Treasons to be tryed , nor yet the High Steward of England , ( if any such should be created ) have any power or jurisdiction to summon a Jury of Peers out of Ireland to appear before them here in England upon such a Tryal as this ; neither are the Peers of Ireland bound by any Law to appear or attend as Peers on any such service or tryal here , being Peers , & bound to service as Peers ( which their Patents express ) only in Ireland , and no Peers here . Therefore a Tryal by his Irish Peers here in England is an impossibility , as well as illegality . 4ly . Admit a Jury of Peers might be summoned and sent from thence , yet it would be a great delay of Justice , it requiring a long time to procure a full appearance of Peers thence : yea , a betraying of Ireland to the Rebels at this instant , to send for so many Protestant indifferent Peers now from thence as might serve to try him here . Moreover , it would be an infinite expence , charge , trouble , besides the danger by Sea , to summon a Jury of Peers from thence ; and if they failed to appear in England upon summons , as is probable they would , and lawfully might they being not bound to it by any Law and so no fine certain to be set upon them for not appearing , nor legal means of coercion to compell them to come over upon such a Tryal , there should be a fayler of Justice for want of such a Peerage ; And therefore no such Tryal may or can be expected , which would delude and nul this Law . 5ly . This Statute directs the Tryal of forein Treasons in express terms , to be before the Judges in the Kings Bench , or the Commissioners appointed by the King in any County of this Realm . Now no Tryal by English or Irish Peers was ever heatd of either in the Kings Bench , or before such Commissioners , But it alwaies hath been , and ought to be either in the house of Peers in Parliament ; or before the Lord High Steward of England , as all former Presidents accord , and 15 , E. 3. c. 2. 1 H. 4. 1. 10 E. 4. 6. b. 13 H ▪ 8. 12. Brook Treason , 29 , 33. Cooks 3 Institutes , c. 1. & . 2. p. 28 , 29 , 30. 4 E. 3. rot . Parl. n. 1. 50 E. 3. rot . Parl. n. 21 to 31. 34. 7 R. 2. n. 15. to 24. 10 R. 2. n. 6. to 18. 11 , n. 2. n. 6 , 7. 14 R. 2. n. 14. 21 R. 2. n. 12 to 17. & Placita Coronae coram dom . Rege in Parl. n. 1. to 20. 1 H. 4. Plac. Coronae in Parl. n. 1. to 11. Walsingham Hist. Ang. p. 402. 2 H. 4. n. 30. 31. 5 H. 4. rot . Parl. n. 12. resolve . Therefore no Tryal can be in this case by Peers either in this Court , or before Commissioners , by vertue of this Act or any other Law . 6ly . This Statute is introductive of a new way of trying forein Treasons , done out of this Realm by a Jury within England , which by the rules of the Common law could neither inquire nor take notice of any Treasons or matters committed , perpetrated , or acted beyond the Seas , as is evident by the Prologue of this Act , the Statutes of 26 H. 8. c. 13. 5 E. 6. c. 11. M. 2 & 3 E. 1. Coram Rege Rot. 56. Hereford . M. 2 E. 2. Fitzh. Obligation 15. & Utlagary 18. Tr. 8 E. 2. Fitzh. Testament 6. 6 E. 3. f. 17. 18. 27 Ass . 43. 41 E. 3. 19. 48 E. 3. 2 , 3. 20 H. 6. 28 , 44. 15 E. 4. 14 , 15. 20 E. 4. Perkins , sect. 121. 494. 737. Cook 4 Instit. c. 17. 1 Instit. ● . 74. Stamford l. 2. c. 14. Cook 2 Rep. 49 a. Long & Pecocks case , 5 Rep. f. 107. a. 3 Instit. f. 48 , 49. Whereupon it altering the Common law in this particular , it outs all former doubts , & most punctually prescribes all the particulars and appurtenances belonging to the Tryal of them , from which there neither may nor can be any variation by Law . First , it appoints the place where they shall be tryed . 1. In general , within this Realm of England . 2ly . In particular , either in the Kings Bench wherever it sits , on in such County as the King by his Commissions shall assign . 2ly . The Judges before whom the Tryal shall be are thus particularly described , The Justices of the Kings Bench , o● such Commissioners as the King shall appoint under the great Seal . 3ly . The Jury-men by whom they shall be t●yed are thus defined in Terminis in the Act , By good and lawfull men ( not Peers or Commons of Ireland ) of the same Shire where the said Bench of the King shall sit , if the Tryal shall be in the Kings Bench ; And if before Commissioners assigned by the King in any shire of the Realm , then by the good and lawfull men of the same shire where the Commissioners sit , which is doubled ( ●ike Pharohs dreams ) to make it more certain : and likewise precisely enacted by the Statutes of 26 H. 8. c. 13. & 5 , & 6 E. 6. c. 11. in pursuance of this Act . 4ly . The manner how the Tryal , shall be is thus punctually specified . In such manner and form to all intents and purposes as if such Treasons , &c. had been done , perpetrated and committed within the same * shire where they shall be so inquired , heard and determined , as is aforesaid ; which last words ( with the very like in the Sratutes of 26 H. 8. c. 13. & 5 E. 6. c. 11. extending to our case ) put an end to the point in Question ; For if the Lord Magwire now at the Bar had committed the Treasons for which he is now endicted in Westminster , there is no doubt nor scruple of it , but he should have been tryed by a Jury of Middlesex notwithstanding his Peerage in Ireland ; and he could neither have pleaded nor demanded his Peerage , as is resolved expresliè in Calvins case , C. 7 Rep. f. 15 , 16. and in the Lord Sanchiars Case . Cooks 9 Rep. f. 117. who was tryed condemned by an ordinary Jury , for suborning Carliel to murther Turner with a pi●toll in England , though a Peer of Scotland , because he was here no Peer ; and the forecited Books are express , that the same Law holds in case of a Peer of Ireland . Since then this Law expreslie enacts , That the Tryal of all forein Treasons shall be by good and lawfull men of the same Shire where the Kings Bench shall sit in such manner and form , To all intents and purposes , as if the same Treasons had been committ●● here in Middlesex where the Kings Bench sits . There neither may nor can be any other form of tryal for the Prisoner , nor in any other place , nor before any other Judges , nor by any other Jury , but such as this Statute hath punc●…e defi●ed ; and than is by a Jurie of Middlesex , To all intents and purposes as if the Treasons for which the Prisoner stands indicted had been plotted and executed in Middlesex . Therefore to admit him to a Tryal by Irish Peers , and not by good and lawfull men of Middlesex ; or to send the Prisoner back to Ireland there to be tryed by his Peers , is to run quite counter and pointblanck against this unanswerable clause of the Statute , That he shall be tryed by good and lawfull men of the same Shire where the Kings Bench sits , to all intents and purposes as if the Treasons had been there committed . And had they been there committed actuallie , as they are legallie by the express purview of this Law , it could never so much as be scrupled and made a quere ; whether he should be tryed by his Irish Peers here ? or sent over to be tryed in Ireland for Treasons acted there , after an Endictment for them here found against him ? In one word , Statutes which prescribe new forms of Trial in such a particular way as this Act doth , are like Letters of Attorny , or Licenses of Alienation , * they must be most strictly pursued , and not varied from in the least punctilio ; as was resolved by all the Judges of England , Hill. 21 Jac. in the case of Penal laws , Co. 7 Rep. f. 36 , 37. Therefore no other form of Trial ought to be admitted in this Case than what the Statute prescribes , and that is onlie by good and lawfull men of Middlesex , not by Irish Peers . 7ly . The Proviso in this Act puts a period to this Case . Provided always , that if any the Peers of this Realm shall happen to be endicted of any such Treasons or other offences aforesaid , by authority of this Act , that then after such Endictment , they shall have their Tryal by their Peers , in such like manner as hath been heretofore accustomed . From whence I shall observe these five particulars . First , that Treasons committed by English Peers in forein parts , are tryable here in England , within the verie bodie and purview of this Law . Therefore by the self-same reason , law , and justice , Treasons committed out of this Realm in Ireland even by Irish Peers , are triable in England by this Act , else Irish Peers should be quite out of this Act , and in better condition than English or any Irish Commoners , who are clearly adjudged within it . 2ly . That Tryal by Peers , is saved by this Proviso onlie to the Peers of this Realm , which both in the Prologue and body of this Act is expresly stiled this Realm of England . But the Peers of Ireland are no * Peers at all of this Realm of England , as is resolved in 11 Ed. 3. Brief 473. 20 E. 4. 4. Co. 7 Rep. f. 15 , 16. & 9 Rep. Lord Sanchars case , f. 117. Co. 3 Instit. p. 30. and Dyer f. 360. b. Therefore no waies within the compass , words , or reason of this Proviso , but clearly secluded out of it , and so not tryable by their Peers . And this Statute prescribing a new way of trial for forein Treasons , not triable here by Peers before , had excluded all English Peers from trial by their Peers , by the bodie of the Law , as some conceive , had it not been saved to them by this special Proviso : Therefore certainlie Irish Peers who are not provided for at all , and no Peers in England , must necessarilie be excluded from their Peerage by it upon their trial here . 3ly . The reason why this Law doth save the tryal by Peers to Peers of this Realm onlie and to no others ( which as some conceived was not saved to them in cases of forein Treasons by the Statute of 26 H. 8. c. 13. as appears by the Lord Grayes case hereafter cited makes an end of the Case in Question , because Peers of the Realm of England are Peers in everie shire and Countie of England . Therefore by the great Charter of England , and all other Acts confirming it , and the Common law it self , they ought to be tried onlie by their Peers within all Counties and places of the Realm of England : But-Irish , Scotish , and forein Peers are no Peers in any Countie of England , as the forecited Books ●esolve . Now this Statute enacting , all forein Treasons to be triable not in Ireland or any other his Majesties Dominions , but in England only ; it was necessarie and convenient by this special Proviso to save the Trial by Peers to all English Peers to be tryed for forein treasons only in England , according to * Magna Charta and the Common law , being their birthright , because they are actual Peers in all places of England , and may have English Peers enough at hand to trie them without delay upon all occasions . But Irish and other Peers being no Peers at all in England , and it being a thing improper to trie them by English Peers being no real Peers to them , and a thing impossible to try them here by Irish or any other forein Peers , for the reasons formerlie alleged , and this Statute confining the trials within it only to England ; it had been a direct contradiction and absurditie to provide , that these forein Peers should be tried here by their forein Peers for Treasons , and not by an ordinarie Jury , because they are neither Peers themselves in England , nor others who should come hither from Ireland or other forein parts , who lose their forein Peerage , as soon as they set foot on English ground , with relation unto England , where their Peerage presentlie ceaseth . 4ly , The Statute is , That the trial for such Treasons , &c. shall be in such manner and form to all in●ents and purposes as if they had been committed in England . Now if English Peers commit Treason in England , they shall by the Statute of Magua Charta , cap. 29 , ( yea by King Johns Charter , and by the Common law long before , as Sir Edmund Cook proves in his Commentary upon it ; and I have at large demonstrated in my * Plea for the Lords and House of Peers ) be tried onlie by their Peers , and not by any ordinarie Jurie , by English but not Irish Peers , as I have formerlie proved . Therefore the ground of saving trial by Peers , to Peers of England by this Act is , an unanswerable argument to denie such a trial here to any Peers of Ireland by Irish or English Peers . 5ly . The last words of this Proviso determine the case in question without more dispute ; Provided alwaies , that if any Peers of this Realm happen to be indicted of any such Treasons aforesaid by authority of this Act they shall have such trial by their Peers , in such like manner as hath bean heretofore accustomed . It being alwaies the Custome of England * since Magna Charta , and long before , in cases of Treason at the Kings sute , to trie all English Peers in England only by their Peers , and such a privilege as * Sir Edward Cook holds , they cannot waive if they would , as it was adjudged in the Lord Dacres case , Pas. 28 H. 8. and since in the Earl of Castlehavens ease 7 Car. But on the other side it is most certain , that it hath never been accustomed heretofore , that Irish or anie other forein Peers should be tried for anie Treasons here committed by English , Irish , or anie other forein Countrie Peers within the Realm of England , Nay , no one President of this kind was ever heard of : and it is an impossible thing in point of Law , as I have proved ; therefore no such trial by anie Peers can be once thought of or imagined for the Prisoner or anie other Peer of Ireland , within the purview or proviso of this Act . 5ly . I shall adde further ex abundanti , to put this case out of all question that I have made some cursorie search into most of the Irish Annals , Histories , Antiquities , Statutes , upon this occasion and I should have made a further inquisition had I enjoyed anie vacant hours to do it ) yet I cannot find so much as one President of anie Irish Peer tried in Ireland for Treason , or anie other offence , by his Peers , before this Statute of 35 H. 8. and I believe the Prisoners Councel cannot ( as indeed they neither did nor could ) produce one example of such a trial there , by Peers , before this Law , nor anie Act of Parliament in that Realm before this Statute concerning Treason , which provides , that Irish Peers , shall be tried by their Peers , there being no such clause or least hint thereof to be found in the Statutes of 18 H. 6. c. 2 , 3. ●● H. 7. c. 13. 13 H. 8. c. 1. 28 H. 8. c. 1 , 2 , 7. which make sundrie offences Treasons , and extend to and mention Irish Lords and Rebels by name , as well as Commons : all and everie of these Acts leaving both the Irish Peers and Commoners to the self-same rrial by a Jury . And since this Act I presume they cannot produce above one president ( and that a verie late one in case of Treason ) where an Irish Peer was tried by his Peers , and it was the case of the L. Slane , much about 20 years since there tried and acquitted by his Peers in Ireland , as I am informed ; before which time , it was then confessed by the Judges there they never heard or read of any one such tryal used in Ireland ; and since it we have heard of no other trial there by Peers , to second it , but onlie of one Noble Lord ( the Lord of Valentiae , Vicount Norris ) there extrajudiciallie condemned by meet Martial-law in a Council of War , even in times of peace , by the Earl of Strafford An. dom . 1635. but not executed , nor tried by his Peers in a legal way : all their Peers formerlie being there either attainted by Act of Parliament , as is evident by the Irish Statutes of 28 H. 8. c. 1. 3 & 4 Ph. & Ma. c. 2. 11 El. c. 1. 13 Eliz. c. 6 , 7. 27 Eliz. c. 1. 28 Eliz. c. 8 , 9. 11 Jac. c. 4. 2 H. 6. rot . Parl. n. 8. or executed by Martial-law , as soon as apprehended in the Wars , or else slain in actual Rebellion , or pardoned upon their submissions , without anie trial for their Treasons by their Peers . For Attainders of Irish Peers , and other Traitors and Rebels by Act of Parliament in Ireland ; I find the Earl of Kildare with others attainted for a Treason and Rebellion ( much like this for which the Prisoner stands here indicted ) in a Parliament held at Dublin in Ireland , 28 H. 8. c. 1. Since this in 11 Eliz. c. 1. Shan O Neale , a bloodie desperate Rebel , was attainted by Parliament after his death ( being hewn in pieces by the Scots ) and the name of Oneyle extinguished , it being made High Treason for anie to assume that name ; And I find a Mac-Mahon and Magwire forfeiting Lands among other Rebels in that Act , which largelie sets forth the Queens Title to Ireland , 27 Eliz. ca. 1. James Eustace , Viscount of Baltinglas , was attainted of High Treason for a publique Rebellion against the Queen . 28 Eliz. cap. 9. I find John Brown and near one hundred more Irish-men by name attainted of High Treason by this Act for an open Rebellion . In 11 & 12 Iac. C. 4. I find Hugh Earl of Tyrone , Jury Earl of Tirconell , Caconaugh Magwire , Mac-Mahon , and above 20 more chief Irish Gentlemen , attainted of High Treason by this Act , for their open Rebellions . But for a trial of any Irish Peer for anie Treason in Ireland by his Peers , I can meet with no president as yet , but that of the Lord Slane onlie , and shall be glad to be informed of any other , to parallel it . Indeed in the printed Statute of 2 Eliz. c. 1. made in Ireland , for restoring to the Crown the antient Jurisdiction over the State Ecclesiastical and Spiritual , and abolishing all forein power repugnant to the same ; and in the Statute of 2 Elizabethae in Ireland cap. 6. intituled ; An. Act whereby certain offences are made High Treason . I meet with these two clauses concerning the trial of Irish Peers for Treasons onlie within these Acts. And if it shall happen that anie Peer of this Realm shall fortune to be endicted of and for anie offence that is made Premunire or Treason by this Act , that then the same Peer or Peers so being indicted , shall be put to answer for everie such Indictment before such Peers of this Realm of English blood ( not Irish mark it ) as by the Lord Deputie , Governor or Governors of this Realm shall be by Commission appointed under the Broad Seal , and to have his and their trial by his and their Peers ; and to receive and have such like judgement upon the same trial of his or their Peers , or making open confession of the same offence or offences , as in other Cases of Treason and Premunire hath been used , or is used in other Cases of High Treason and misprision of Treason ; Which later clauses , As in other cases of Premunire and High Treason hath been used ; And as is used in other cases of High Treason , or misprision of Treason , relate only unto thosè words ; to receive and have like judgement upon trial ; and so onlie to the judgement and sentence given in these new Treasons and offences enacted by these Acts : not to the manner of trial by Peers , which is meerlie a new kind of trial never mentioned in any other Irish Acts before these , and restrained onlie to the new Treasons and Premunires specified in these Acts , in imitation of the * English Statutes made in the self-same Cases ; which provide , a Tryal by Peers for our English Peers ; which was never heard of in any Acts of Parliament in Ireland till these , and never practised that I read of in that Realm , either before or since . To clear this up more fully , the Statute of 11 E. 3. c. 4. makes mention of Prelates , Earls , and Barons in Ireland , as well as in England : And the Statute of 4 H. 5. c. 6. prohibits , that any one of the Irish Nation should be chosen to be an Arch-Bishop , Abbot , or Prior within Ireland , because many of them ( against a former Act there made ) had been made Arch-bishops , Bishops , Abbots , Priors , wherby they became Peers of the Parliament in the same Land , and brought with them Irish Servants to the Parliaments and Counsels there holden , whereby the privities of the Englishmen within the same Land have been and be daily discoverd within it to the Irish people Rebels to the King , to the great perill and mischief of the Kings lawfull liege people in the same Land . And the Statute of 10 H. 7. in Ireland c. 16. enacts , That the Spiritual and temporal Lords of the Land of Ireland , shall appear in every Parliament holden in that Land in their Parliament Robes , in like manner and form as the Lords of the Realm of England appear in the Parliaments holden within the said Realm , under pain of forfeiting 100 s. to the King : which use of Robes they had there for penury omitted by the space of 20 or 24 years . But there is no mention of any Tryal by their Peers in these or any other English or Irish Statutes ; but those forecited of 2 Eliz. c. 1. & 6. Yea the Statute of 25 H. 6. in Ireland c. 28 enacts , For that there is a Law established , that every Lord that is called a Lord of the Parliament in all pleas personal as well as real , in which amerciaments do lye , shall be amerced 100 s. to the great impoverishment of the said Lords , for as much as their livings are diminished and wasted by war ; That no Lord of Parliament shall be amerced from thence forward in the said pleas otherwise than other persons , notwithstanding any Law made before to the contrary . The amerciaments therefore of Irish Lords and Commons being alike by this Law , it is very probable their tryals by Jurie were both alike , and that they were not tryed by their Peers . Now the Prisoners councel have pleaded in his plea , that Magna Charta gives the tryal by Peers in Ireland ; and no other Law but it : and that it was not accepted , received , confirmed , and used as a Law in Ireland till the Statute of 10 H. 7. and the words thereof ( if it be confirmed by that Act ) are most clear in it , That all Statutes late made , &c. from henceforth be deemed , accepted , usea , and executed within this Realm of Ireland in all points ; And if it were made a Law there by the Statute 8 E. 4. c. 1. ( which I rather believe ) the words of that Act are , That from henceforth all other Statutes and Acts made by authority of Parliament in England , be ratified , confirmed , and adjudged by authority of this Parliament in their force and strength , from the sixth day of March . So as Magna Charta was not a general Law in force , use , acceptance , or execution in Ireland , at least amongst the Irish , till 8 E. 4. or 10 H. 7. as is evident by these Acts . Because I would leave nothing concealed or unanswered that might make for the prisoners advantage , I must acknowledge , that King Henry the 3d. in the first year of his Reign sent a Roll of the liberties which his Father King Iohn and he had granted to this Realm of England unto Ireland , out of his special grace , by unanimous consent of all his Lieges , and confirmed the same to all his Spiritual and Temporal Lords and faithfull Subjects there ( for their fidelity to him and his Father ) to them and their Heirs for ever , as a signal bedge of his favour , by this patent . * Rex , Archiepiscopis , Episcopis , Abbatibus , Comitibus , Baronibus , Militibus , et libere tenentibus et omnibus fidelibus suis per Hiberniam constitutis , Salutem . Fidelitatem vestram in Domino commendantes , quam Domino patri nostro semper exhibuistis , et Nobis estis diebus nostris exhibiti ; volumus , quod in signum fidelitatis vestrae tàm prae●lare , ●am insigniter Libertatibus Regno nostro Angliae a patre nostro et nobis concessis , de gratia nostra et dono in Regno nostro Hiberniae gaudiatis vos et vestri imperpetuum : Qu●● distincte in Rotulum redactas , decommune consilio omnium fidelium nostrorum vobis mittimus , signatas sigillo Domini Gu●●onis Apostolicae sedis Legati , et fidelifsimi nostri Willielmi Marescalli * Rectoris nostri et Regni nostri , quia sigillum nondum babuimus ; easdem processu temporis majorum constlio proprio sigillo firmandas . Teste apud Gloverniam , 3 die Februari : he being * c. owned but on the 28 of October before at Gloucester , where this Patent bears date . After which King Henry having ratified the Great Charter of Liberties in England , in the 9th year of his reign ( printed in all our Statutes Books , and in Cooks 2 Institutes ) in the 12 year he commanded it to be published openly in Ireland by his Writ , * Rex dilecto et fideli suo R. Burgo . Iustic. suo Hiberniae , salutem . Mandamus vobis firmiter praecipientes , quatenus certo die & loco faciatis venire coram vobis Archiepiscopos , Episcopos , Abbates , Priores , Comites & Barones , Milites , et libere tenentes , & Ballivos singulorum Comitatuum ▪ et coram eis publice legifaciati . Cartam Dom. Regis Johannis patris nostri cui sigillum suum appen●um est , quani fieri fecit jurari a Magnatibus Hiberniae , de legibus & consuetudinibus Angliae observandis in Hibernia . Et praecipiatis eis ex parte nostra , quod leges illas et consuetudines in Carta praedicta contentas de caetero firmiter teneant & observent . Hoc idem per singulos Comiratus Hiberniae clamari faciatis et teneri Prohibentes firmiter ex parte nostra , et super forisfacturam nostram , ne quis contra hoc mandatum nostrum venire praesumat , eo excepto quod non de morte nec de catallis Hibernensium occasione nichil stauatur ex parte nostra citra quindecem dies a die St. Michaelis anno r. n. 12. super quo respectum de dedimus Magnatibus nostris Hiberniae , usque ad terminum praedictnm : Teste m●ipso apud Westm. 8 die Maii anno 12. In Cooks 3 Instit. f. 141. b. 4 Instit. p. 3●9 . b. & in 18 H. 3. Rot , pat . m. 17. n. 21. There is mantion made of Consuetudines & Leges Reg●i nostri Angliae , quas bonae memoriae Dominus Johannis Rex pater noster de communi omnium de Hibernia consensu teneri statuit in terra illa . Teste Rege apud Winch. 28 die Octob. In the 30th . year of Henry the third , all Laws and Customs of England were established in Ireland by this * Patent . Quia pro communi utilitate terrae Hiberniae , & pro unitats terrarum Rex vul , et de Communi Consilio Regnt provisum est , quod omnes Leges et consuetudines quae in regno Angliae tenentur in Hibernia teneantur , et eadem terra eisdem legibus subjaceat , et per easdem regatur , sicut Johan ▪ Rex cum ultimo esset in Hibernia statuit et strmiter mandavit : Ideo volumus , quod omnia Brevia de communi sure quae currunt in Anglia , similiter currant in Hibernia sub vovo sigillo nostro , &c. Teste meipso apud Woodstock , 19 die Septemb. The Patent of King Iohn which this Patent mentions , is that of Rot. Pat. 6 Johan . Regis . m. 6. n. 17. never yet printed . Rex , &c. Justiciariis , Baronibus , Militibus , et omnibus fidelibus suis &c. sciatis quod dedimus potestatem Justiciariis nostris Hibernioe , quod brevia sua currant per terram nostram et potestatem Hiberniae , scilicet Breve de Recto , de feodo aimidiae Militis , et infra ; et erit terminus de morte aut post transfretationem Henrici patris nostri de Hibernia in Angliam . Et Breve de Nova disseisina , et erit terminus post primam Coronationem nostram apud Cant. Et Breve de Fugitivis et Nativis , et ejus erit terminus post captionem Dublin . Et Breve de divisis faciendis inter duas villas , exceptis B●roniis : Et ideo vobis mandamus et firmiter praecipimus , quod haec it a fieri et firmiter teneri * per ●otam potest atem nostram Hiberniae faciatis . Teste meipso apud Westm. 2 Novemb. In the 41 year of his Reign , Claus. 41 H. 3. m. 11. dors . I find this memorable writ , touching the confirmation and Customes of England setled in Ireland , by assent of the Prelates and great men thereof : Rex Thesaurario et Baronibus de Scaccario Dublin salutem . Quia de assensu et vosuntate Praesatorum & Magnatum terrae Hiberniae dudum fuit provisum et concessum , quod eisdem legibus uterentur in terra illa quibus homines regni nostri utuntur in regno illo ; et quod eadem Brevia quoad terras & tenementa recuperanda currerent in terra illa , quae currunt in regno praedicto , sicut nostis : Et dicta provisio & concessio omnibus retroactis temporibus fuerit obtenta & approbata ; miramur quamplurimum , quod sicut ex insinua●ione venerabilis patris Thomae Lismor . Episcopi accepimus , emanare permisistis ex Cancellaria Edwardi filii nostri in Hibernia , contra consuetud inem optentam & formam Brevium in regno nostro ufitatam , Breve subscriptum contra praefatum Episcopum in hac verba . E. illustris Regis Angliae primogenitus Vic. Waterford salutem . Precipe Thomae Lismor . Episcopo , quod juste & sine dilatione reddat Waltero : Episcopo Waterford , Maneria de Archmordeglan , Kilmordri & Motha cum pertinentiis , quae clamat esse jus Ecclesiae suae , & in quae idem Episcopus non habet ingressum nisi per Alanum quondam Lismor Episcopum cui Griffinus quondam Lismor . Episcopus illa demisit , qui in illa se intrusit post mortem Roberti quondam Lismor . Episcopi , qui inde injuste & sine judicio dissesuit Robertum quondam Waterford . Episcopum , praedecessorem Episcopi post ultimum reditum , &c. Quia vero dictum Breve tam dissonum est , et contra leges & consuetudines in Regno nostro optentas , & formas brevium nostrorum ibidem approbatas , praesertim cum Breve ingressus non transeat tertiam personam , nec ratione intrusionis in terram aliquem post mortem alicujus competat actio alicui de terra , illa nisi illi cui per mortem illam jus debetur in eadem : Nec enim dicitur intrusor , qui jure haereditario , vel ratione Ecclesiae suae succedit praedecessori sui in hiis de quibus idem praedecessor fuit seisitus in Dominico suo ut de feodo die quo obiit : Vobis mandamus , quod si●dictum Breve a Cancellaria praedicta in forma praedicta emanaverit , executionem ejusdem Brevis supersedeatis ; revocantes sine dilatione quicquid per idem Breve actum fuerit in Curia praefati filii nostri : Teste apud Wynd . 27 die Januar. Eodem modo scribitur Alano la Suche Justic. Hiberniae , & Waleranno de Wellesly , & sociis suis Justiciariis itinererantibus , ut supra . In the 5th year of King Edward 3. rot . Pat. 5 E. 3. parte 1. memb. 25 It was enacted in a Parliament that year in England amongst other things . Quod una & eadem Lex fiat tam Hibernicis quam Anglicis , excepta servitute V●cagiorum penes Dominos suos , &c. by a Parliament then holden in Ireland . Yet notwithstanding all these Patents , Charters , Acts , the benefit of the great Charter , and of the Liberties , Laws and Customs of England , extended not to all Ireland , and the Irish therein dwelling ; but only to such parts of Ireland as were reduced and divided into Counties , and possessed by the English Colonies , and to the English men inhabiting in Ireland , and such Irish within the English Pale as lived in due subjection and obedience to the Kings of England , or were specially endenized by their Parents to them , not to the Irish Countries and Colonies which were not reduced into Counties , and under the obedience of the Kings of England , ( amounting to more than two third parts of Ireland in extent of Ground ) who had no benefit of the Laws or Liberties of England ; but by special Grants and Charters of indenization from the Kings of England , which some Septs of the Irish and others purchased from our Kings , as Sir John Davis proves at large in his Irish Reports , in the Case of Tanistry , fol. 37 , 38 , 39. and the Records there cited : To which I shall add these following Records not mentioned by him , fully evidencing this Truth . Claus. 37. H. 3. m. 15. Dors. Rex Justic. Hiberniae salutem . Monstravit nobis Mamorth Offerthierim , & Rothericus frater ejus , quod Antecessores sui & ipse , licet Hibernienses fuissent , semper tamen firmiter fuerunt ad fidem & servitium nostrum & praedecessorum nostrorum Regum Angliae , ad Conquestum una cum Anglicis faciendum super Hibernienses . Et ideo vobis mandamns , quod si it a est , ●●●c non permittas ipsos Mamorth & Rodericum repelli●●● quin possint ▪ terras vendicare in quibus jus habent , stcut quilibet Anglicus . Quia si ipsi & Antecessores sui sic se habu●runt cum Anglicis , quamvis Hibernienses , injustum est , licet Hibernienses sint , quod exceptione qua repelluntur Ibernenses a vendicatione terrarum & aliis repellantur . T●ste . &c. By this Record it is apparant , that all Irishmen but those whose Ancestors joyned with our Kings in the conquest of Ireland , and were loyal Subjects to our Kings , had no benefit of the Kings Writs and Laws to claim or recover Lands in Ireland , in 37 H. 3. Hereupon divers native Irish men purchased several Patents from our Kings , granted out of special grace to enable themselves and their Posterity to enjoy the benefit of the English Laws in Ireland , for which I shall cire these few ensuing Presidents instead of many of like nature . Pat 17. Johan . Reg. memb. 15. together with Pat. 12. E. 1. m. 11. Pro diversis in Hibernia , quod uti possint Legibus Angliae in Hibernia . Rex omnibus ballivis & fidelibus suis Hiberniae ad quos , &c. salutem . Vol●ntes Giraldo fil . Johannis Hibernico , gratiam facere specialem , concedimus pro nobis & Haeredibus no●tris , quod idem Geraldus & liberi sui quos legitime procreaverit , hanc habeant libertatem , quod ipsi de caete●o in Hibernia utantur legibus Anglicanis , & firmiter inhibemus , ne quis ●os contra hanc concessionem nostram vexet in aliquo , vel perturbet . In cujus &c. T. Rege apud Carnarvan , 30 die Maij , Consimiles literae habet Margeria de Lessan , Henricus de Lessan , Petrus de Lessan , Andreas de Lessan , Bene dictus fil . Johannis , Ardmagh , Willielmus Heuke , Hibernici . In cujus , &c. Teste ut supra . Pat. 18. E. 1. m. 24. Rex omnibus Ballivis & fidelibus suis in Hibernia , ad quos , &c. salutem . Volentes Isamaiae filiae Oragilig ▪ & Matildae fil . Oragilig , Hibernicis , graciam facere specialem , concedimus pro nobis & haereaibus nostris , quod eadem Isamaia & Matilda ad totam vitam suam hanc habeant libertatem , videlicit , quod ipsae de caetero in Hibernia utantur legibus Anglicanis : & fi●miter inhibemus , ne quis eas contra ●anc concessionem nostram vexet in aliquo vel perturbet : In cujus , &c. T. Rege apud Westm. 12 die Junii , per ipsum Regem . Pat. 19. E. 1. m. 20. Rex omnibus ad quos , &c. salutem . Sciatis quod de gratia nostra speciali , concessimus Willielmo filio Carmok . Clerico ▪ quod ipse & omnes posteri sui imperpetuum Lege & consuetudine Anglicana utantur in terra nostra Hiberniae , i●a quod ipsi per alias leges & consuetudines , p●r nos & ministros nostros quoscunque de caetero non deducantur contra voluntatem suam , sed quod ipsi , in vita sua & morte de caetero libertate gaudeant Anglicana , In cujus , &c. Teste Rege apud Ashermg . 22 die Jan. The like Patent is granted Mauricio de Bre. Hibernico , Pat. 24. E. 1. m. 3. These Records , with Claus. 2. E. 3. m. 17. Rex dilecto & fideli suo Johanni Darcy , de Nevien , Justiciario suo Hiberniae , salutem . Exparte quorundam hominnm de Hibernia extitit supplicatum Ut per statutum inde faciendum concedere velimus , quod omnes Hibernici qui voluerint legibus utantur Anglicanis , it a quod necesse non habeant super has chartas aliquas a nobis impetrare . Nos igitur certior ari volentes , si sine alieno prae●●d●cio praemissis annuer ●valeamus , vobis mandamus ▪ quod voluntatem magnatum terrae illius in proximo Parliamento ibidem tenendo ; super hoc cum ailigentia pers●rutari faciatis , & de eo quod inveneritis , una cum vestro consilio & ad visam●nto nos distincte & aperte cum celeritate qua potestis , certificetis , hoc breve nostrum nobis remittentes : which compared with Claus. 5. E. 3. part 1. m. 25. Pro hominibust●rrae Hiberniae de Lege ANGLIAE UTENDA in custodiis recuper andis , &c. are an unanswerable evidence beyond contradiction , That the great Charter , Liberties , Customs and Laws of England , granted to those of Ireland by King John , Henry the third , Edward the first and third , extended only to the English Subjects inhabiting Ireland , and to such Irish who lived in English Counties in due subjection to the Kings of England , or were by special Charters of indenization enabled to enjoy the benefit of them ; who were but few in consideration of the rest of the Irish Nobility , Gentry and Commons , retaining their ancient Brehon Laws , and would not submit to the Laws of England , nor Government of our Kings , against whom they frequently rebelled , being reputed rather Enemies than Rebels , and usually so stiled in the Statutes of Ireland , till the Statute of 33 H. 8. c. 9. as appears by the Statutes of 18 H. 6. c. 3. 25 H. 6. c. 4 , 5. 28 H. 6. c. 1. 3 E. 4. c. 2. 5 E. 4. c. 6. 18 E. 4. c. 2. 10 H. 7. c. 9 , 10 , 17 , 19. 28 H. 8. c. 11. & by Sir John Davis Irish Reports in the Case of Tanistry , fol. 39. the common Laws and Statutes of England being not universally received or established throughout the whole Realm of Ireland , till after the Statutes of 3 and 4 Phil. and Mar. c. 3. 11 Eliz. c. 9. and King James his Proclamation in the third yeer of his reign : or at leastwise till the Statutes of 8 E. 4. c. 1. or 10 H. 7. c. 22. which established all the Statutes made in England concerning or belonging to the good of the same , only as to the Englishry , or English Pale and Counties , not to the Irishery , as the Statutes of 17 H. 7. c. 8 , 9 , 10 , 11 , 13 , 17 , 19. 35 H. 6. c. 3. 5 Ed. 4. c. 3 , 4 , 5. 13 H. 8. c. 3. 28 H. 8. c. 15. made in Ireland , with other Acts resolve , which the Lord Magwire confesseth in his Plea , and his Council cannot deny . Now the Lord Magwire being none of the English Pale , or Irish Sept , Liege Subjects to our Kings , but of the Irishry , and professed Enemies to our Kings , as the Irish Annals and Statutes inform us ; the Statute of Magna Charta , and the Laws , Liberties and Customs of England , granted to the English and loyal Irish Subjects in Ireland ▪ and so this trial by Peers , could not extend to his ancestors till after the Statutes of 8 E. 4. or 10 H. 7. & of 35 H. 8. c. 1. yea after the Statutes of 3 and 4 Ph. and Ma. c. 3. and 11 Eliz. c. 9. for reducing the Irishry into Counties , and under the Laws and Statutes of England to which they were not formerly subject . And from these Patents of King John and Henry the third forecited , and the Statutes of 8 E 4. and 10 H. 7. till 35 H. 8. chap. 1. No one president of any one Irish Peers trial by his Peers in Ireland in any case whatsoever , can be produced . Therefore certainly there was no such trial known or in use in Ireland , before 35 H. 8. nor any president of it since till one of late ; and una Hirundo non facit Ver. If then the Peers of Ireland before the making of this Act of 35 H. 8. were never actually tried by their Peers for any treason done in Ireland , for ought can be proved , and there be no express Act for any trial by Peers there , for any Treason , but only the Act of 2 Eliz. c. 1. and 6. and that only for special Treasons within those Laws , which are none of those for which the Prisoner stands here indicted ; I may safely conclude , That this Law of 35 H. 8. never intended to preserve to Irish Peers a trial by their Peers in Ireland , which kinde of trial was never before had , used or practised in that Realme ▪ and therefore the Prisoner shall be tried by an ordinary Jury at this Bar , not by his Irish Peers ; because , if he were in Ireland , ( for ought appears yet to me he should not be tried by his Peers there ; and in both these points , the Book in Dyer , ( the only Authority which seems to be strongest against , is for me ) the words whereof are these in English . The grand Chancellor of Ireland moved this question to the Queens councel , If an Earl or Lord of Ireland , who commits Treason in Ireland by rebellion , shall be arraigned and put to his trial in England for this offence by the Statutes of 26 H. 8. c. 13. 32 H. 8. c. 4. 35 H. 8. 2 or 3 E. 6. And it was held by Wrey , Dyer and Gerrard Attorney General , That he could not . Mark now their reasons ; for he cannot have his trial here by his Peers . ( which is a full resolution in point of my third Question , agreeing with what I have endeavoured with Arguments to prove , and is an unquestionable Truth , which I submit to : ) Then it follows , Nor can he be tried here by any Jury of twelve ; ( mark the reason , Not because he is a Peer of Ireland , and therefore ought to be tried by his Peers , and not by a Jury ; for that had been full against me , and it is now the only knot in que●tion ) but because he is not a subject of England , but of Ireland , and therefore he shall be tried there : which reason ( extending as well to an Irish Commoner as Peer ) hath been since adjudged directly false , absurd , and against the Law , both in Orourks Case , and in Sir John Parrets Case , and since in Mac-mahons Case : and Sir Ed. Cook informs us in his Institutes on Lit. f. 261 , that Wray himself in Orourks Case ( where this Opinion of his was vouched ) did openly disclaim , that ever he delivered any such opinion as this , but ever held the contrary to it ; and so it is a misreport in this particular : After which the Book concludes thus , And it is said , that the usage ( to wit in Ireland ) to attaint a Peer , Is by Parliament and not by Peers ; which comes full in terminis to what I have last insisted on , and I am certain cannot be disproved . Wherefore this authority in Dyer , as to all that is truth and Law in it , is wholly for me in the reason of the Law ; and against me only in what hath been since adjudged to be no Law . I shall close up all with a stronger Case and authoritie than this in question , which will over-rule this case , and that was in * Trinity Term An. 33 H. 8. in the Kings Bench . Edward Lord Gray immediatly before having been Lord Deputie in Ireland , was endicted , arraigned , and attainted of High Treason by an ordinary Jurie in the Kings Bench in England , for letting divers Rebels out of the Castle of Dublin , and discharging Irish hostages and pledges that had been given for the securing the peace of Ireland ; and for not punishing one who said , the King was an Heretick , whilest he was Lord Deputy in Ireland : For these Treasons ( all acted and committed in Ireland ) through an English Peer , he was tried by an ordinary Jury in England by the Statute of 26 H. 8. c. 13. ratified in Ireland by 28 H. 8. c. 7. forecited ; which secluded him from his tryal by Peers , being not saved by these Acts. Therefore a Fortiori shall these Statutes and this of 35 H 8. c. 2. & 5 E. 6. cap. 1. made since his judgement , exclude this Irish Lord being no English Peer , from any tryal by his Peers . Finally , the Prologue of this Statute coupled with the body thereof puts a period to this question beyond all doubt or dispute . For as much as some doubts and questions have been moved , that certain kinds of Treasons &c. committed out of the Kings Majesties Realm of England , cannot , nor may by the Common laws of this Realm be inquired , heard and determined within this his said Realm of England . For a plain remedy , order , and declaration therein to be had and made , be it enacted , &c. that all manner of Treasons , &c. committed by any person o● persons ●out of this Realm of England shall be from henceforth inquired of , heard , and determined by the Kings Iustices of his Bench , &c. by good and lawfull men of the same Shire , where the said Bench shall sit and be kept , in like manner and form to all intents and purposes as if such Treasons had been done within the same Shire , where they shall be so inquired of , heard and determined . The sole scope , end , purpose then of the King and Parliament in this Act , being to take away all doubts and questions formerly moved in point of Law , touching the tryal of treasons done out of the Realm , before the Kings Justices of his Bench and Commissioners in England by a Iury , and to make and enact a plain remedy and declaration therein for the future , in manner aforesaid , I humbly apprehend , there can be no doubt nor question now moved ; whether this Prisoner ought to be tryed by his Peers in Ireland or England for this his most horrid Treason committed out of the Realm of England , since this Statute so clearly declares and resolves the contrary in most plaine and positive words . The rather , because the Kings Patent creating him Baron of Ineskellin under the great Seal of Ireland , maketh him only a Peer in Ireland , and gives him only a Place and Voyce among the Peers and Nobles of Ireland , in the Parliaments of Ireland , not in England , as he sets forth in his own * Plea in precise terms ; as the Patent made by King Edward the 4th . to Robert Bold created him Baron of Rathtauth in Ireland , and constituted him , Unum Dominum & Baronem omnium & singulorum Parliamentorum & magnorum Conciliorum nostrorum in terra nostra Hiberniae tenendorum : habendum , tenendum una cum stilo , titulo , nomine , honore , loco et sessione inde sibi et haeredibus suis masculis imperpetuum . And as King Henry 8. made Thomas Viscount Rochford by the self-same Patent both Earl of Wiltshire , infra regnum nostrum Angliae ; and Earl of Ormond in terra et dominio nostro Hiberniae only , with several clauses of investitures ; several Habendums , and several Creation-monies for each Title and Kingdom : And as the Patents of all other Irish Earls , Viscounts , Lords , and Barons in Ireland , create and make them Peers only in Ireland , not in England , as * learned Mr. Selden informs us , and their very Patents resolve in terminis . And therefore quite exclude the Prisoner and all other Peers of Ireland from any tryal by their Peers in England , either by the Proviso or body of this Statute , or their Patents which are point-blanck against it . And now , I hope , I have fully made good the point in question , with all the several branches of it , That this Act extends to Treason committed in Ireland ; Yea to Irish Peers as well as to Irish Commoners , and that there can be no tryal at all upon it here of an Irish Peer by Irish Peers , nor in any place else within England ; and that only ( as the Prisoners case is ) by a Middlesex Jury . And so I have finished my assertive part . The first and grand objection is , that which I meet with in the beginning of this Prisoners plea ; The Statute of Magna Charta , c. 29. That no Freeman shall be taken or imprisoned or disseised of his Freehold , &c. nor will we pass upon ●or condemn him , but by the lawfull judgment of his Peers , or by the law of the land : which Law and Statute is among others , established for a Law in the Kingdom of Ireland , there to be put in ure at all times when need is , by the Statute made in the Parliament held at Droghedah in Ireland , in the 10th year of King H. 7. c. 22. and by vertue of these two Laws he ought to be tryed by his Peers in , or of Ireland , in this sute against him by and for the King . To which I shall give these satisfactory Answers . 1. That the Statute of Magna Charta in its original creation and confirmation , was made , granted to the Archbishops , Bishops , Abbots , Priors , Earls , Barons , Towns , and to all the Free-men of this our Realm of England , and to them only , to be kept in our Kingdom of England for ever , whence it is intituled , The great Charter of the Liberties of England , as the prologue of it resolves . The first Chapter thereof is peculiar to the Church of England , viz. That the Church of England shall be free and enjoy all her rights and liberties inviolable . We have also granted to our Freemen of our Realm of England these liberties under-written , to have and to hold to them and their Heirs , of us and our heirs for ever : So cap. 12. The City of London shall have all her old Liberties and Customs , and all other Cities , Boroughs , Towns , and the Barons of the Cinqueports , and all other ports shall have all their Liberties and their Customes . Cap. 35. One measure of wine , &c. shall be throughout our Realm . Ch. 32. All Merchants ( if they were not openly prohibited before ) shall have safe and sure conduct to depart out of England , to come into England , and to tarry in England , as well by Land as by water , &c. In Cap. 23. All Weeres shall be utterly put down between Thames and Medway , and throughout all England : and the conclusion , C. 37. concerns the Realm of England , and Englishmen only . Neither doth the * Charter of King John , nor that of the 11 of H , 3. nor 18 H. 3. m. 17. nu . 21. nor of 30 H. 3. nor yet of 13 E. 1. cited in Co. 4 Institutes , p. 349 , and 350. and in his Institut . on Littleton , f. 141. establish Mag. Char. at least in relation to all the Native Irish but English alone , it being made particularly for the Realm of England and English men : and therefore the Prisoner pleads , it was setled there only as a Law to be received and put in use ( in respect of the Irish then living only in the English pale and the Kings loyal Subjects , not of any Irish enemies in hostility ) by the Statute of 10 H. 7. c. 22. but not before : and so is Sir Ed. Cooks opinion in express terms in his 4 Institut . pag. 35● . By which it is most clear , That from King Henry the seconds dayes , ( who first subdued Ireland , An. 1171. ) there were no trials in Ireland , of any English or Irish Peers Subjects to our Kings , for Treason by their Irish Peers by vertue of Magna Charta , till after the Statute of 10 H. 7. which was made but forty six yeers before the Statute of 35 H. 8. between which , and this later Law we read not of one trial of any Irish Peer for treason there by his Peers , nor yet since , that I can find ( but only one of late by 2 El. c. 1 , 6. ) till this very day : By which it is most apparent , that this tryal by Peers in Ireland a privilege now inficted on ) was never actually claimed or enjoyed by any Peer of Ireland , especially by those in antient emnity and rebellion against our Kings , stiled * enemies in the Irish Statutes , and English Records before the Statute of 35 H. 8. and so it can be no prejudice nor injustice at all , nor breach of Magna Charta , to out the Prisoner of it . 2ly . It may be questioned upon very good Reasons , whether the Statute of 10 H. 7. ch. 22. doth consirm this Statute of Magna Charta in Ireland or not ? at least as to Irish Peers , especially those of the old Irish Bloud ( to whom it relates not , as I have proved in the point of trial by Peers , ) and that upon these Grounds . First , because the words of that Statute are not , That all Laws made in England shall be confirmed , received and executed in Ireland in all points : but , That all Statutes late made within the Realm of England , concerning or belonging to the Commonweal ( not Peers ) of the same , shall henceforth be deemed good and effectual in Law , and received & executed in this Realm of Ireland . Now Magna Charta , being no Law then late made within this Realm , but made at least 271 years before it , can hardly ( without much straining of the words beyond their proper meaning ) be brought within the compass of this Act , though Sir Ed. Cook in his fourth Institutes , pag. 351. informs us , That Hil. 10 Jac. it was resolved by the two chief Justices and chief Baron , that this word LATE in this Act , hath the sence of BEFORE , and shall not be taken in its proper sence or meaning : so that the Act by this construction , against the sence of the words , extends to Magna Charta , and to all the Acts of Parliament made in England , not only late , but even long before ; yea , many hundred yeers before this Act ; which for my part ( under the favour of those Reverend Judges who thus interpret it ) I hold still disputeable , yea , erronious , and no Law at all , especially for these two Reasons . 1. Because if any Law introduced and confirmed Magna Charta and the other Laws of England in Ireland , it is the Statute of 8 E. 4. c. 1. which confirms the Statute made in England in the Parliament of 6 R. 2. ch. 6. concerning Rapes , of which there was some doubt made whether it extended to Ireland ? and then concludes thus : In avoyding of all inconvenience that might happen , because of the ambiguity of the said Statute , Be it enacted , confirmed and ratified by authority of the said Parliament , that the said Statute be adjudged and approved in force and strength , and may be of force in this Land , from the 6th day of March last past ; and that from henceforth , the said Act , and all other Statutes and Acts made by Authority of Parliament within the Realm of England , be ratified , confirmed and adjudged by Authority of this Parliament in their force and strength , from the said 6th day of March . So that this Law , if any at all , confirmed Magna Charta , and all the Statutes made by Authority of Parliament in England , to be in force and use in Ireland , ( yet only as to the English & Irish Subjects under the Kings obedience , and none else , as I have proved , ) and this Statute of 10 H. 7. which confirms only the Statutes lately made , must and doth in truth and reason relate only to the Laws made in England since that Statute of 8 E. 4. c. 1. not formerly there confirmed by that Act : so that the Prisoners Plea , That Magna Charta was confirmed by 10 H. 7. is but a meer mistake and a void Plea : neither are the Judges here bound to take notice of this Irish Act of 8 E. 4. c. 1. unless pleaded by the Prisoner , being no Law of this Kingdom and not binding here . 2. Because the forementioned Charters of * 6 Joh. 12. and 30 H. 3. &c. confirming the use of the Laws of the Realm of England in Ireland , did not extend to settle Magna Charta there , ( at least wise not as to the benefit of the natural Irish , but to the English and the Irish within the English Pale alone ) as is agreed by Sir Ed. Cook , and in a manner resolved by this Act of 10 H. 7. as the words thereof , From henceforth be deemed good and effectual in the Law , and over that be used , accepted and executed within the Land of Ireland , in all points , at all times requisite , import . And if those Charters extended not to Magna Charta , which are fuller then this Act , I doubt this Law will hardly do it . 3ly . Admit the Law of 10 H. 7. extends to Magna Charta in some particulars thereof formerly used in Ireland , yet it reacheth not to the trying of Irish Peers by their Peers now in question , for these ensuing Reasons . 1. Because trial of Irish Peers , by their Peers in Ireland was never used nor heard of , nor is there any one instance to be found before or since Magna Charta , till 10 H. 7. which there setled that great Charter for a Law , nor from 10 H. 7. till 35 H. 8. nor since that , but of late in one case only about twenty yeers since , till this instant . Now what Littleton notes of the Statute of Merton , * Sect. 108. That no action can be brought upon that Statute for a disparagement , for that since the making of it , it was never seen nor heard , that any such Action was brought upon it against the Guardian : and if any Action might have been brought upon this matter , it will be intended that sometime it would have been put in ure . The like shall I say concerning Magna Charta , and the trial of Irish Peers by their Peers in Ireland , That if the trying of Irish Peers by their Peers had been the common Law of Ireland , or if Magna Charta and 10 H. 7. had established it there for a Law , it would some time or other have been there put in ●re , and some Peers there would have claimed and enjoyed this their priviledge in point of Trial : but since it was never yet in use there , for ought I finde , nor any one can prove , before 35 H. 8. I cannot deem it the common Law , nor Priviledge of the Peers of Ireland , but the peculiar Priviledge of our English Peers , both by the common , Statute-Law , and great-Charter of England , and no trial of right incident to Irish Peers as it is to English . Therefore this kinde of Trial neither is confirmed to , nor intended to be conferred on Irish Peers by Magna Charta , which is but a confirmation only of our * common Laws of England , and no introduction of any new Law here ; and so should introduce no new Law there , but confirm the common Laws and Customes there formerly used and so the Tryal by Peers is not there setled in respect of the Irish Peers , by the Statute of 10 H. 7. Now that which principally confirms me in this opinion is the two special Acts of Parliament , made in Ireland in 2 Eliz. c. 1. & 6. * already cited , which create a special form of tryal of Irish Peers , not by their Peers there of Irish blood , but by their Peers of that Realm of the English blood alone , only in the new Treasons and Premunires specified in and created by those two Acts ; but in no other Treasons : Which clauses had been merely nugatory and superfluous had the Tryal of Irish Peers in Ireland by Irish Peers been the birth-right and known priprivilege of Irish Peers , either by the Common law there used , or by the Custome of Ireland , or by Magna Charta , with this Act of 10 H. 7. confirming it ; It therefore never being the intent of this Act , nor of Magna Charta , to grant any new privilege or form of Tryal to Irish Peers , which they never formerly enjoyed , neither the one nor other will sufficiently support the Prisosoners plea ; nor indulge him any tryal here or there by his Peers of Ireland ( at least of Irish blood ) for so horrid a Treason as this ; Which I hope is a satisfactory answer to this objection , since Custome is the best Expositer of all antient Laws , as Sir Edw. Cook declares in his Commentary on Littleton , sect. 108. f. 81. b. 4ly . Admit the Objection true , That Magna Charta extends to Ireland , by vertue of this Act of 10 H. 7. so far as to give Irish Peers in Ireland , ( though not of the English Pale ) a trial by their Peers , which they had not before its confirmation there ; yet then I answer , That this Statute of 35 H. 8. ch. 2 , upon which the Prisoner is arraigned , by making all Treasons done and perpetrated in Ireland , triable in England , when there is just occasion , ( as now there is in this time of a universal horrid Rebellion , and in sundry other forementioned respects ) repeals this Clause of Magna Charta , and deprives the Prisoner of the benefit of his Peerage , if at all conferred on him by it , and the Act of 10 H. 7. Since it is most certain , that Statutes made in the Parliaments of England , ( being the supreme Kingdom and Court , to which Ireland & its Courts are subordinate , and whose erronious judgements in their High Courts and Parliaments there , were only reversible here in England in the Kings Bench and Parliament of England as is evident by Claus. 7. H. 3. par . 2. m. 10. and Claus. 29. E. 3. m. 12. 8 H. 6. rot . Parl. ● . 69. Cooks 4 Instit. p. 356. Mr. St. Johns Argument at Law at Straffords Attainder , p. 58 , 61. K●ilway , f. 202. b. Br. Error , 127. Fitz. Nat. Bre. f. 24. Co. 7 Rep. f. 18. a Calvins Case ) do oblige those of Ireland , not only before but ever since 10 H. 7. when Ireland is either particularly named , or generally included , as is agreed by Rastals Abri●gement , title Ireland , 11 E. 3. chap. 2. and 10 E. 3. chap. 8. 4 E. 4. chap. 1. 3 H. 7. chap. 8. 14 H. 4. Rastal Parceners 2. 27 E. 3. of the Staple , chap. 1. 18 14 Eliz. chap. 5. 1 H. 7. ass . 3. 3 H. 7. fol. 10. 2 R. 3. f. 12. and Cooks 7 Report . Calvins Case , f. 17 , 22 , 23. 4 Instit. p. 35. it being so resolved as to this purpose by all the Judges of England in Orourks and Sir John Parrets Cases , cited in Calvins Case , and adjudged in Mac-mahons Case tried at this Bar the last Term , that this Act of 35 H. 8. ● . 2. bindes those of Ireland for Treasons there committed , & makes them subject to a trial here , whether Peers or Commoners , as I have already proved . 5ly . It is unquestionable , That every Commoner of Ireland , hath as large , as full an interest in Magna Charta , the Laws and Priviledges of England and Ireland , and as much right to be tried in Ireland for Treason there committed by an Irish Jury , as any Peer in Ireland hath in or by them to be tried there by his Peers , these Laws being no respecters of persons , and every mans birth right alike , of Commons as much as of Peers , as the Laws and great Charter of England are ; Magna Charta , being as largly made and as amply granted to the meanest Freeman as to the greatest Peers of England and Ireland , as the Prologue and 9 , 14 , 15 19 , 21 , 22 , 26 , 27 , 29 ▪ Chapters thereof resolve . Since then this Act of 35 H. 8. chap. 2. doth without all controversie ( as hath been resolved in the forecited Case ) deprive the Commoners of Ireland of a Trial in Ireland by Irish Commoners , and subjects them to a trial by an English Jury here for Treasons there committed ; for which by the common Law , the Customes of Ireland and Magna Charta , before the Statute of 26 H. 8. and this Act of 35 H. 8. they could be no where tried but only in Ireland , not in England , as is collected from the Case of Sir Elias Ashburnam , Tr. 18 E. 3. coram Rege , Rot. 14. cited by Sir Edward Cook in his 4 Instit. p. 356. ( the principal case that can be objected against me , which makes nothing to the purpose , being long before these Statutes were made : ) Therefore by the self same reason it shall take away the trial of Irish Peers in Ireland and England by Irish or English Peers , for Treasons perpetrated by them in Ireland , and subject them to a trial by an ordinary English Jury at this Bar , or before Commissioners in any County of England , as I have already proved ; which Jury here are in truth Peers to all Irish Peers , being here no Peers at all , but onely Commoners . If it be objected , That this Law of 35 H. 8. chap. 2. cannot abrogate Magna Charta ; all Acts and Iudgements against Magna Charta being declared voyd : by 25 E. 1. ch. 1. 2 , 4. 28 E. 1. ch. 1. & 42 E. 3. ch. 1. Therefore it shall not take away the tryal by Peerage from Irish Peers . I answer 1. That you may by like reason object , that it cannot take away a Tryal in Ireland by an Irish Jury from Irish Commoners , seeing it cannot repeal Magna Charta and the Common-law ; But this objection is yielded , and adjudged idle in case of an Irish Commoner ; therefore it is , and must be so in case of an Irish Peer . 2ly . The objected Statutes do make void and null all Acts and Statutes made against Magna Charta before the Parliaments wherein they were made ; but they extend not at all to future real Parliaments and their Acts , subsequent Parliaments having alwaies had power to control , alter , abrogate precedent Acts ; yea the very Common-law and Great Charter it self , when inconvenient or defective , as all our Books accord : Therefore Sir Edward Cook in his 4 Institutes p. 42. resolves and proves at large , by 11 R. 2. c. 3. 5 ro● . Parl. n. 22. 48 , 49. 1 H. 4. c. 3. 2 H. 4. c. 22. 21 R. 2. c. ●6 . 1 H. 4. n. 48. 70. 144. 21 R. 2. n. 20 , 21. 36 , 37 , 85 , 86 , 89 , 90. that Acts ( yea and Oaths ) against the lawfull power of subsequent Parliaments , that they shall not repeal such and such Laws ( though mischievous or unjust ) bind not at all , and are merely idle ; For ●odem modo quo quid constituitur , dissolvitur ; those who have power to make any Laws , having as great , as full a power to controll , alter , or repeal them when they see cause and necessity for it as you may read in Rastals and Poultons Abridgements of Statutes , and the Statutes at large , repealing former Acts : and how often Magna Charta hath been altered , supplied , or * repealed in some particulars , in and by our Parliaments since its making , by subsequent Acts both by prescribing creating new imprisonments , forfeitures , corporal punishments , fines , executions treasons , capital offences & customs , imposts , not then known , or different waies or places of tryal not then in use , in Cases of forein Treasons and the like , by a Jury in England not then usual , but since confirmed by the Statutes of 26 H. 8. c. 13. 28 H. 8. c. 25. 33 H. 8. c. 27. 35 H. 8. c. 2. 5 & 6 E. 6. c. 11. contrary to , or * different from Magna Charta , and the Common law , 2 E. 6. c. 24. is so well known to all Lawyers that I will not spend breath to prove it . 3ly . I answer , that this Act of 35 H. 8. doth both alter and in some sort repeal Magna Charta , and the Common-law , as to the point and place of trying forein Treasons in England it self , as to English , Peers and Commoners , to whom alone the great Charter was first granted , they being not tryable in England by Iury or Peers , for any forein treasons by the Common-law , or great Charter . Therefore a Fortiori it must both alter and repeal the Common-law and great Charter as to Irish Subjects , for whom the great Charter was never originally made , not yet directly confirmed to them by 10 H. 7. but only implicitly and doubtfully at most , as I have proved . 4ly . I answer , that this Act of 35 H. 8. doth no waies abrogate or alter Magna Charta in truth or reality , but rather ratifie & confirm it , in the form and manner of this Tryal , though not in the place . For Magwire being only a Peer in Ireland , but not in England ; Every Free-man of England that shall be impanneled to try him , is in truth & law his Peer here : And this Act , enacting that he shall be tryed , not by Marshal-law , or the Judges themselves , but by good and lawfull men of the Shyre , where the Kings Bench shall sit , who are his equals and Peers in England , and saving the Tryal by Peers to every Peer of this Realm after his indictment found by Jury : This way and form of tryal by Jury in England being then and now the Law of the Land , is no contradiction or repeal at all , but a direct pursute and confirmation thereof , according to its letter & meaning . And so much in answer to this grand objection , wherein I have been over tedious , but shall recompence it with brevity in the remainder . The second Objection ( a meer branch of the former ) is this . That if Irish Peers should be tryable by an ordinary Jury within this Law for Treasons done in Ireland , this might prejudice the whole Nobility of Ireland , who by colour of this Act , might be sent for out of Ireland and tryed here for Treasons , Misprisions , and concealments of Treasons there committed , and so quite deprived of their birth-right of tryal by their Peers , which would be of dangerous consequence . I answer 1. That I have manifested , that this tryal by Peers was never deemed , claimed , nor enjoyed in Ireland , as a privilege by Irish Peers , nor ever used or practised in that land before this Act , & but once claimed since , and that in Ireland . Therefore it cannot be intended that this Statute or the makers of it ever imagined to save this manner of Tryal by Peers only to Irish Peers , which they never enjoyed , nor so much as once claimed or possessed before the making of it . Neither can it be any injury or injustice to deprive them of that now they never heretofore claimed , used , enjoyed , as their privilege , and birth-right , being not indubitably setled on them by any Law that I have seen ; but only in some special Cases of Treason since 35 H. 8. wherof this is none by the late Acts of 2 El. z. c. 1. & 6. when as this privilege is taken from them , not by a bare strained exposition , or implication , but by this express Act of Parliament made long since for the Common good and safety of England and Ireland , not yet repealed . 2ly . This Objection with as great or greater strength colour , might be made for all the Commons of Ireland ( far more numerous and considerable than their Peers ) they being deprived by it of tryals by Irish Juries in their native Country , than for Irish Peers alone ; which Tryal here against Irish Commons was never of late excepted against , this Law having been so often adjudged to reach to them ; Therefore there is no colour , to exempt Irish Peers out of it . 3ly . This pretended prejudice to Irish Peers in point of Tryal by their Peers , is soly in cases of High Treasons , or Misprision and concealments of it , and no other , the Statute extending to no crimes , but these alone . Therefore the mischief is not great in general ; and no Irish Peers ( I presume ) but such who have trayterous or disloyal hearts , will deem it a disparagement or injustice to them , to be secluded of a Tryal by their Peers only in these Cases of High Treason : And if others who are professed Rebels and Traytors murmur at it ( as none else will ) we need not much regard it , nor prefer their pretended privilege , before our own Kings , Kingdomes , Religions , yea Irelands safety and wellfare , in bringing them to a speedy tryal and condign punishments for their Treasons here in England by vertue of this Law . 3ly . Even by the very Common law before this Act , Treasons committed in Ireland by Peers or Commons , were tryable before the Marshall of England , in England it self , as is evident by the Parliament Roll of 2 H. 6. ● . 9. * Where Iohn Lord Talbot , being the Kings Lieutenant in Ireland , accused James Bottiler Earl of Ormond , of certain Treasons ( there particularly recited ) by him committed in Ireland , before John Duke of Bedford Constable of England , in his Marshals Court ; Which accusations the King , by the advice of his Parliament , did discharge and abolish , to appease the differences between them : Upon which else he might have been proceeded against , though an Irish Peer , without any tryal by his Peers ( See Cooks 4 Instit , p. 123 , 124. ) Therefore a fortiori this special Act of Parliament may subject Irish Peers to a tryal by a substantial English Jury in England for Treasons done in Ireland , since tryable for them here before its making even in the Marshals Court . 5ly . This Statute doth not simply take away the tryal of all Treasons committed in Ireland , from thence ; only it makes them all tryable here , when the King ▪ State and Parliament shall see just cause or occasion for tryal of them here , as now they do in these times of general rebellion there , when the Rebels are so predominant , and the times such , that no safe , fair , or indifferent tryal of this Traytor can be there had or expected . And seeing the Law and common reason will inform every man , that the King and State will never be at the cost and trouble to send for Traytors and Witnesses out of Ireland to try them here , but upon a most just occasion and urgent necessity , to prevent either a faiter or delay of Justice in case of horrid Treasons and Rebellions ; And no Irish Peer who hath any loyalty in his heart , or reason in his head , will deem it a dishonor , or prejudice to the whole Irish Peerage in general , or the trayterous Peers sent hither to be tryed in particular , to be outed of a tryal by Irish Peers in such Cases of necessity , and expediency only ; it being better and safer for this Realm and Ireland too , that these native Irish Peers , who have been proved to break out into actual Rebellion in all ages ( as this Prisoners Ancestors have done as much or more than any , his * Grandfather being the first man that broke forth in Tyrones Rebellion ) should be subject to tryals for the same by ordinary English Juries here , and outed of their Peerage , then that such Arch-Traytors and Rebels as the Prisoner and his Confederates are , ( guilty of the effusion of many thousands of Protestants and English mens bloods ) should escape uncondemned , or be executed by Martial law . And our Law in this Case , which concerns the safety of 2 Kingdoms at once , will rather suffer a particular mischief , especially to rebellious Peers , than a general inconvenience to both Realms , and all loyal Subjects in both . 6ly . Though the tryal of all English and Irish Peers by a legal indictment , presentment , and Jury of their Peers alone , and not by Martial-law or Commissioners themselves alone , be an essential fundamental Right and Privilege for the securitie of their lives and estates , which our Parliaments in all ages have been very curious to preserve , and not to alter ; yet the Tryal of Peers by Peers alone ( not by a Jury of other Freemen ) for the most part ( if rightly considered ) is rather a meer punctilio of honor , than matter of real privilege or benefit to Peers ; and by intendment of Law and common experienc , a fair and legal tryal by the oaths of 12 honest , substantial , indifferent English Gentlemen or Freeholders , to whom the Prisoner may take all * sorts of lawfull challenges by Law , which shall be allowed , if there be any just cause of suspition of partiality , injustice , consanguinity , &c. besides his peremptory challenge of 35 Jurors without cause ( which challenges * Cook affirms , shall not be admitted or granted in case of tryal by Peers ) it being the usual antient a tryal in all Cases between the King and ordinary Subjects , between man and man , Peers and Commoners , both in all civil and criminal causes whatsoever , it is and will be every way as just , as beneficial to a Peer in point of Law as a Tryal by twelve Peers , upon their Honours only , b without oath . And the exchange only of the form of Tryal , by twelve indifferent English Gentlemen of quallity , upon their oaths , for twelve Irish Peers of English blood , nominated and appointed only by the King , or his c Lord Deputy of Ireland , upon their Honours without oath , in this case of necessity , can be no injustice , injury , or prejudice to the Irish Peers in general , nor yet to the Prisoner in particular : The rather , if we consider , First , That every Indictment by which an English or Irish Peer is or can be tryed , must first be proved before a grand Jury of Commons ( as this very Statute prescribes ) and found by them upon Oath , not by a Jurie of Peers : which is a kind of preparatory trial of a Peer by Jury , without which there can be no proper tryal by Peers , as is resolved Cooks 3 Institutes , p. 28 , 30 , 31 , 32. & 1 H 4. 1. 2ly . That in Cases of Appeal brought by a common person ●or murder , rape , robberie , or the like , and likewise in case of a Premunire against an English Peer , where his life is not brought into question ; he shall not be tried by his Peers , but by an ordinary Jury as other men ; Trial of Peers by Peers being onlie in cases of Indictments for Treasons or Felonies at the Kings sute , and no other , as is clear by the Statute of Magna Charta , c. 29. Neither will we pass upon him , or condemn him , without the lawfull judgement of his Peers , &c. the words onlie of the King not of the Commons ; In this our Books are express in point , all cited in Sir Edw. Cooks 2 Institutes on this verie Chapter of Magna Charta cap. 29. in his pleas of the Crown , or 3 Instit. c. 2. p. 30 , 31. & 20 Ed. 4. 6. b. Now this case in question concerning not onlie the King , but the whole Kingdome of England and Ireland , and those manie thousands of Common persons whose innocent blood hath been , shed in Ireland by him and his Confederate Rebels crying out for vengeance and Justice against him without delay ; he may thereupon be justly tried by an ordinary Jurie of Commons , as well as in Case of an Appeal of murder brought by a common person . 3ly . Peers of Parliament , even of this Realm , not by inherent Nobility and Birth right , but only in right of their Baronies , which they hold in auter Droit , as Arch-Bishops , Bishops , Abbots , Priors and the like , shall not be tried by their Peers for treasons or felonies at the Kings sute , but onlie by an ordinary Jurie , as Archbishop Scroope of York , Cramner Arch-bishop of Canterbury , * Adam de Orlton or Tarlton Bishop of Hereford , Mark Bishop of Carlile , Fisher Bishop of Rochester , and others were tried 3 Ed. 3. f. 6. Kelwaies Reports , f. 184. Stamfords Pleas of the Crown , f. 135. Cromptons Jurisdiction of Courts , f. 12. 19. Hall● Chron , 6 H. 4. f. 25. Coo. 3 Instit. f. 36. Now if these verie English Peers to whom Magna Charta was immediatelie granted by name of Arch-Bishops , Bishops , Abbots , ( being the first persons mentioned in the Prologue and ch. 1. & 29 of this Charter , ) shall be outed of their peerage , in these Cases of Indictment at the Kings sute , though within the very letter of Magna Charta , because they are no Peers of England by blood or birth-right , but in right of their Churches , then a fortiori Irish Peers shall be deprived of their Peerage by this special Act , who are not within the letter or intent of Magna Charta , never made for them , but for English Noble blood . And if it be neither injustice , nor injurie , nor inconvenience , to deprive these Ecclesiastical English Peers of a trial by Peers in cases of Treason or felony at the Kings sute though within the letter of Magna Charta , and to try them by an indifferent Jurie of Freeholders ; It cannot be reputed any injustice , injury , rejudice , or inconvenience at all now to out this Irish Peer of his Peerage here , where he is no native Peer , for such an horrid Treason as this . 4ly . Irish Peers are no Peers at all in England , upon which account and reason if they commit Treason herein they shall be tried by an ordinarie Jury ; Therefore to try them onlie by Freeholders , no● by Peers in England , can be no injurie nor dishonour to their Peerage , unless it were in Ireland where they are Peers ; and yet have been seldome or never hitherto tried there by their Peers , as I have proved . 5ly . The verie Statutes of Ireland it self made by the Peers and Commons thereof to prevent manie mischiefs by Theeves , Murderers , and Rebells in that Realm , do deprive both the Lords & Commons there of any legal trial at all both for their lives and estates too , witness the Statutes of 28 H. 6. c. 1. 3 & 5 E. 4. c. 2. & expose them to the judgement , slaughter , plunder of particular men in some cases , authorizing all manner of men that find any theeves robbing , breaking up houses , by day or night , or going or comming to rob or steal , having no faithfull man of good name and fame in their company , in English apparel , to take and kill those * Theeves , and cut off their heads , ( without endictment or Jury ) and seise their Goods , without any impeachment of the King , his Heirs , Officers , or any other , for which they are to receive a sum of mony from every Plow-land , and person of estate within the Barony where they shall slay and behead such Theeves . And 25 H. 6. c. 4 & 5. If any English men shall have any hair or beard upon his upper lip like the Irish , it shall be lawfull for every man to take their Goods , as Irish Enemies , and to ransome them as Enemies ; And if any Irish Enemy received to the Kings allegiance shall afterwards rob , spoyl , and destroy the Kings Liege people , it shall be lawfull for every Liege-man that may meet with him afterwards , to do with him , and his Goods and Chattels as to Enemies who were never Liege , and to ransome them at their free will , without any impeachment of the Law . And Ch. 6. If any men , except Knights & Prelates shall wear gilded Bridle , Pestrels , or other harneys , that it shall be lawfull to every man that will , to take the said man his horse and harnesse , and to possess the same as his own Goods , without endictment or legal tryal . All which would be monstrous in England . Therfore it is much more legal and just , and no injurie at all to try the Prisoner , an Arch-Rebel in England , in this time of war and combustion in Ireland , for his Treasons there perpetrated , by an indifferent , honest , lawfull English Jury , upon an endictment found by the grand Inquest , than thus to kill , behead such Malefactors in Ireland , and seise both them and their Goods as Enemies , and ransome them at pleasure without Tryal , Jury , or Endictment , and not only to indemnifie but reward those that do it , by Laws there made by the English , and Irish themselves : which will answer all Objections , and wipe off the least shadow of Injustice in this Case , and tryal . The third Objection is this , That if Irish Peers had been within this Law , there being so many rebellions in Ireland since its enacting , we should have had some Presidents of Irish Peers here tried by Jurie , ere this ; But there is no such President extant ; therefore certainlie Irish Peers for Treasons perpetrated in Ireland are out of this Act . To this I answer , 1. That no Irish Peers have been tried by their Peers in Ireland for treasons since this Act ; ergo they are within i● . 2. That this Argument is merely fallacious and non concludant : for the reason why no Irish Peers have been tried here since this Law by vertue of it , is not because they were not deemed within it , but for other reasons . 1. Because most of the Irish Peers ▪ who have been in actual rebellion since this Law , were * either actually slain in the wars , or fled the Kingdom , or else were received into grace , and pardoned before tryal upon their submissions ; or else attainted and executed by Act of Parliament , or by Martial-law in Ireland . And by these means onlie avoided their Trials here . 2ly . Because some Irish Rebels , as great as Magwire , or anie of their Peers in power and estate , have been heretofore tried and executed for Treason in England by vertue of this Law ; though brought over hither from Ireland against their wills ; as Orourke and Sir John Parrot of old , and Mac-Mahon the last Term ▪ and the Tryals of these three here are direct Presidents in point , and good warrant by this very Act for the Tryal also of this Irish Peer , as I have proved . 3ly . This Statute is not very antient , yet still in as full force as ever , and if this be the first President of an Irish Peer that came judicially in question here in England , to be tryed upon it since its making , it is no Argument he is out of this Law , but rather an Inducement to make him a leading President to those rebellious Peers of that Nation , who have been the Ring-leaders of the ordinary Commons there in this grand Rebellion , there being no President , Judgement , nor foild season against it ; Yea ●ome Judgements in case of Irish Commons , and many unanswerable reasons for it . The fourth Objection is , the opinion of the Book in Dyer , f. 360. ●● . forecited , recited in Cromptons Jurisdiction of Courts , f. 23. a. and Mr. St. Johns Argument at Law at Straffords Attainder , p. 63. That an Irish Peer cannot be tryed here in England for Treason done in Ireland , neither by his Peers , nor by a Jury , because he is no Subject of England . To this I have * already given an Answer , and shall here only adde . 1. That the only reason given in the Book hath been since several times adjudged to be no reason at all nor Law , by all the Judges of England , a Subject of Ireland being a * Subject to the King of England in all places , as is adjudged in Calvins Case , and that Wrey disclaimed any such opinion delivered by him as is there reported . Therefore the reason of this opinion being adjudged erroneous and no Law , the opinion it self grounded on it , must needs be so too . The rather , because the opinion there cited was upon a Case casually put and moved out of Court by way of discourse , without study or argument , and suddenly delivered only by Dyer and Gerrard ( since Wrey disclaimed it ) but not given upon any cause actually depending or debated and argued in Court . 2ly . That it is a full authority for me , both because it determines , there can be no Tryal of an Irish Peer by his Peers in England but only by a Jury ; and that in Ireland it self , Peers are not used to be tryed by Peers , but attainted by Act of Parliament ; Therefore an authority point-blank against the Prisoners plea . The 5th Objection is Orourks Case ; which in Judge Andersons own Book of Reports , is put thus , Whether Orourk an Irish Subject ( and no Peer nor Baron of Ireland ) might be tryed by this Act here in England , for Treasons committed in Ireland ? which words ( nient esteant , un Peer ou Baron de Ireland ) in the putting of the Case seems to intimate , that in that Case the opinion of the Judges was , that an Irish Peer was not within this Act . To which I shall return this brief Answer , That this clause , not being a Peer or Baron in Ireland , in the putting of that Case , was only a description of the quality of his person , he being no Peer or Baron of that Realm , not any point in or part of the Case , there being not one syllable in the whole debate or Argument of it , by way of admission or otherwise , that an Irish Peer was not within this Act ; And in this very Case the Judges resolved the Book in Dyer to be no Law , and Wrey disclaimed any such opinion of his therein reported , as Sir Edward Cooks Institutes on Littleton , fol. 261. b. records . The 6th . Objection is this , ( intimated in an Order of the Lords House ) That this may much concern the Peers of England ; For this Law for trying forein Treasons is enacted in Ireland ; and so by colour of it English Peers may be sent over into Ireland to be tryed there by a Jury of Irish Commoners , for Treasons done in England , as well as Irish Peers sent thence to be tryed by ordinarie Juries here in England for Treasons committed in Ireland . I answer , 1. That there is no such Law extant in Ireland , that I can fi●d , among all their printed Statutes , so as this is a vain surmise . But 2ly . if there were any such Law there , yet England being the supreme Realm to Ireland , may make Laws in the Parliament here to bind the Irish Peers and Commons , but the Parliament in Ireland being a * subordinate Realm to England , never yet did nor can make any Laws at all to bind any English Peers or Commons for things done in England , ( untill the Rebels there shall be able to conquer England , which I hope they never shall ) as we have conquer'd them . Therefore we need not fear any such obliging Laws of theirs , or the tryal of English Peers in Ireland . So as this vain fancy is quite out of Dores , and the Lords themselves upon conference with the Commons , have been fully satisfied that this Case no waies concerneth the Peers of England , whose Tryal by their Peers is by direct proviso saved to them in this Act , and therefore cannot come in question , or be taken from them by pretence of any such Law established in Ireland ; Whereupon they have revensed their Order , which seemed to give some colour for this Objection . Pat. 48H . 3. pars . 1. m. 8. I find this memorable Record . Rex , &c. omnibus salutem . Cum secundum consuetudinem hactenus in Hibernia obtentam , Utlagati in Regno nostro Angliae pro Utlagatis in Hibernia haberi non consueverunt , & Gregorius le Somner , ratione Utlagariae in ipsum promulgatae in Regno nostro Angliae●uper captus fuit in Hibernia & in Angliam reductus & imprisonatus ; Nolumus quod fidelibus nostris Hiberniae aliquod praejudicium ex hoc in posterum gravetur . In cujus , &c. Teste Rege apud Turrim London . 26 die Junii● . If Englishmen outlawed in England could not by the Law and Custome of Ireland , be taken upon a C●pias Utlagatum in Ireland , or reputed as out-lawed persons there , as this Patent resolves , much less can they there be tried for any Treasons acted in England by colour of this Law , nor can our English Peers be there tried for Treasons here by an Irish Jury . A seventh Objection , which I have heard made by some , is as vain and absurd as the former , That if Irish Peers be within this Act for Treasons done in Ireland , then by the same reason Peers in Scotland might be sent for and brought into England , and there tryed by an ordinary Jury by vertue of this Law , for Treasons done in Scotland ; which would be a great prejudice to the Peers of Scotland , and the privileges of that Kingdome . I answer , 1. That this Act extends not to any Treasons of Scots Lords or Commons committed or acted in Scotland , and tryable there , though it reacheth to Irish Lords and Ireland . 1. Because this Act was made long before the union betwixt England and Scotland , by 1 Iac. c. 2 , 3. Iac. c. 3 , 4 Iac. c. 1. & 16 Caroli : whiles that Scotland was under the absolute and immediate power of its own Kings , and not of the Kings of England , and so it cannot extend to them . 2ly . Scotland , although the * Kings of it have often done homage to the Kings of England , in antient times , as their Soveraign Lords ) was still an absolute independant Kingdom in this respect of being subject only to & governed by its own Parliaments , and Laws . But not subordinate to nor governed by the Laws or Parliaments of England , which never bound them heretofore , nor now , as they did and do Ireland ; their Laws and Statutes and ours still continuing different . Therefore this Act neither did nor could bind the Scots Peers or Commons in point of Tryal here for Treasons committed in Scotland , as it binds the Irish ( still subject to our Laws and Parliaments ) for Treasons done in Ireland . 3ly . The very Acts of Pacification between both Kingdoms & the solemn League and Covenant passed this Parl. here & in Scotland too , which do specially reserve the Tryals of all Traytors and Delinquents of either Kingdom , to the Tryal and Judicatory only of their own Parliaments and Realms ) have for ever provided against this vain pretence , and secured not only all Scotish Peers but Commoners too against any Tryals here by vertue of this Act for Treasons done in Ireland ; Therefore I shall give it no further Answer . The last Objection I can think of is this , That in every Case of Treason or Felony new made by Statute , the Lords of Parliament in England shall have their Tryal by their Peers saved , not withstanding the Statute provides not for it by express words ; so that provisoes of Tryal by their Peers inserted into them in such Cases , are but idle , and ex abundanti , because it is provided for both by the Common law and by Magna Charta it self , c. 29. and so was it adjudged in the case of the Lord Hungerford heretofore , and in the Earl of Castlehavens Case of late for Buggery , upon the Statute of 25 H. 8. c. 6. Stamfords Pleas of the Crown f. 152 , 153 & Cromptons Iurisdiction of Courts f. ●9 . Therefore the Tryof Irish Peers by their Peers shall be likewise saved to them within this Act , though it be not expressed , as well as the Tryal by Peers is to English Peeers by expresse Provisoe . I answer , First , that this rule holds generallie true in all Cases of new Treasons and Felonies where the offences only are made capital , or punishable according to the antient , usual , and ordinarie proceedings of Law , and the manner of the Tryal of them left at large and not preciselie limited how and by whom they shall be tryed ; As they are in the objected Cases upon the Statutes of 25 H. 8. c. 6. & 5 Eliz. cap. 17. concerning Buggery : where the words are , That this Vice shall be adjudged Felony , and that such order and form of Process shall thereupon be used against the Offenders , as in Cases of Felony at the Common law , and that the Offenders being thereof convicted by verdict , confession , or Outlawry , shall suffer pain of death , &c. which words without the least contradiction , stand as well with Tryal of Peers who are guilty of it by their Peers alone , as of Commons by a Jury , they being both according to the order of our Common law , and a verdict by Peers is as properlie stiled a verdict in Law , as a verdict by Jurie , witnesse 1 H. 4. 1. and Cooks 3 Institut . ch. 2. p. 30. But in the Statute of 35 H. 8. there is no creation or introduction at all of any New Treasons , but only an introduction of a new form and way of Tryal for Treasons formerly made and declared such , then done , or hereafter to be committed out of this Realm , and that new form of Tryal precisely limited in all particulars , and especially enacted to be by an ordinary Iury , except onlie in Case of our English Peers ; Therfore this Statute comes not at all within the Objection , because it particularlie defines the place where , the Judges before whom , the Juries by whom , with the whole form and manner how , such forein Treasons shall be tryed , with all other circumstances of the Tryal , and expresly prescribes ; That all but English Peers indicted for forein Treasons , shall be tryed by good and lawfull men of the Shire where the Kings Bench or Commissioners sit . Therefore to alter this form of Tryal precisely prescribed by this Statute , by introducing a new Tryal by Irish Peers , is to run quite cross against , and elude , repeal this Sta●ute , as I have argued and proved at large . I have now quite done with my Argument of this new untroden Case , and I hope therein sufficiently manifested , that this Plea of the Prisoner is invalid , and such as ought to be over-ruled in point of Law : And therefore as he hath been sent for over from Ireland by the wisdome and Justice of our Parliament , and by the Lords , Justices , and Councel there transmitted hither to receive a just , and speedy Tryal at this Bar for his bloody Treasons , which there ( in respect of the Rebels power , Tumults in that Realm ) he could not conveniently undergo : So I humbly pray on the behalf of the King , Kingdome , Parliament , and our whole English Nation , to all which he hath been such a capital Traytor and Enemy , that this Plea of his may presently be over-ruled , and himself brought to his speedy Tryal , Iudgement and execution for his unparallel'd Treasons , and the blood of those many thousands of innocent English Protestants shed in Ireland upon this occasion , which cries for Justice and Execution against him without further delay . The rather , because nulli differemus Justiciam , is one clause of that very Act of Magna Charta , ca. 29. which he hath pleaded in bar of his Tryal , of which I pray both he and the whole Kingdom may now enjoy the benefit , by his undelayed Tryal and execution too , in Case he shall be found guilty of the Treasons for which he stands indicted ; of which there is little doubt , since so fully confessed by himself in a writing under his own hand , and we are ready to make them good against him , as we have already done against his Confederate Mac-Mahon , by the Testimony of a clowd of honorable pregnant witnesses , in case he shall deny it . After two Arguments at the Bar on both sides of this Case , Justice Bacon argued it himself , and delivered his opinion and judgement against the Prisoners plea : that though he be a Baron of Ireland , yet he was triable for his Treason by a Middlesex Jury in the Kings Bench , and outed of his Peerage , by 35 H. 8. c. 2. Which Iudgement was approved by this Order of both Houses of Parliament . Die Lunae 10 Febr. 1644. Ordered by the Lords and Commons in Parliament assembled , That the said Houses do approve of the judgment given by Master Justice Bacon , in over-ruling the Plea of the Lord Magwire , and of the manner of the Tryal by the Indictment of High Treason in the Kings Bench : And the Judge is hereby required to proceed speedily thereupon according to Law and Iustice . John Brown Cler. Parl. Henry Elsing Cler. Parl. D. C. Upon which on Monday Febr. 10. 1644. he was brought from the Tower of London to the Kings Bench Bar , & there arraigned ; where putting himself upon his trial he challenged 23 of the Jury which appeared peremptorily ; Whereupon a Distring as was awarded to the Sheriff of Middlesex to retorn Quadrag●nta Tales the next day ; of whom he challenged 12 more peremptorily : And being tryed by twelve of the residue retorned ( against whom he had no legal exception nor challenge ) he was upon his own Confessions and pregnant evidence of 15 Witnesses ( Persons of Quality ) found guilty of the Treasons , for which he was indicted ; and thereupon Febr. 11. was adjudged tobe drawn to Tyburn , and there hanged by the Neck , and cut down alive , and then his Bowels to be taken out , and there burnt before his Face , his Head to be cut off , and his body to be divided into four Quarters , and then to be disposed as the Parliament shall appoint : Which was accordingly executed the 20th . of Febr. Even so let all such perfidious bloody Traytors perish . TO fill up the vacant pages of this Sheet , I shall annex this one Record , and also one Irish Act , being both very pertinent to my Argument . Pat. 1 E. 1. m. 20. Hibernia . Venerabili in Christo Patri eadem gratia Midden Episcopo , & Dilectis & fidelibus suis Mauricio filio ▪ Mauricii , Justiciario suo Hibern ▪ et Magistro Johanni de Saumford Escaetori suo Hibern . salutem . Cum de●uncto jam celebris memoriae Domino H. Rege pa●re nostro ( cujus animae propicietur altissimus ) ad nos Regni Angliae gubernacu● ▪ et terrae Hibern . Dominium per●ineant , ob quod Praelati ▪ Comites , & Pro●eres , as Communit●s Regni nostri nobis tanquam Domino suo ligio et Regi fidelitat●s Juramentum & omnia alia quae nobis rations Coronae & dignitatis Regiae ab ipsis fieri & praestari nobis , in absentia nostra , poterunt plenariè & sine omissione aliqua prompto & liben●i animo praestiter int : Ac Archiepiscopi Episcopi , Abbates , Priores , Comites , Barones , Milites , libere tenentes , ac tota Communi as terrae nostrae Hiberniae nobis tanquam * Regi & Domino suo ligio consimile sacramentum fidelitatis praest are teneantur . Dedimus vobis potestatem recipiendi nomine nostro fidelitatem ipsorum . Ita tamen quod si vos omnes interesse nequiveritis , tune duo vel unus ●estrum qui praesens fuerunt nichilominus plenariam habeat potestatem rec●p●endi nomine nostr● fidelitatem ipsorum in forma praedict● . Et ideo vobis mandamus quod fidelitatem praedictam nomine nostro recipiatis , prout melius videbitis expedire . In cuju● , &c. Dat. per manum W. de Merton C●nc . apud Westm. VII die Decembris . 33 H. 8. c. 1. made in Ireland . An Act that the King and his Successors , to be Kings of IRELAND . FOrasmuch as the King our most gracious dread soveraign Lord , & his Graces mostnoble progenitors Kings of England , have been Lords of this Land of Ireland , having all manner kingly jurisdiction , power , preeminences and authority royal belonging or appertaining to the royal Estate and Majesty of a King , by the name of Lord of Ireland , where the Kings Majestie , and his noble Progenitors , justly and rightfully were , and of right ought to be Kings of Ireland , and so to be reputed , taken , named and called , and for lack of naming the Kings Majesty and his noble Progenitors Kings of Ireland according to their said true and just Title , Stile and Name , therein hath been great occasion that the Irishmen and Inhabit ants within this Realm of Ireland have not been so obedient to the Kings Highness and his most noble Progenitors , and to their Laws , as they of right and according to their allegiance and bounden duties ought to have been . Wherefore at the humble pursute , petition , and request of the Lords spiritual and temporal , and other the Kings loving , faithfull and obedient Subjects of this Land of Ireland , and by their full assents , Be it enacted , ordained , and esta blished by this present Parliament● That the Kings Highnesse , his Heirs and Successors Kings of England , be alwaies Kings of this Land of Ireland , and that his Majesty his heirs and Successors , have the name , stile , title and honor of King of this Land of Ireland , with all manner of honors , preheminences , prerogatives , dignities , and other things whatsoever they be , to the Estate , and Majesty of a KING appertaining or belonging : and that his Majesty , his Heirs and Successors be from henceforth named , called , accepted , reputed and taken to be Kings of the Land of Ireland : to have , hold and enjoy the said stile , title , majesty and honors of the King of Ireland , with all manner preheminence , prerogative , dignities , and all other the premises , unto the Kings Highnesse , his Heirs and Successors for ever , as united and knit to the Imperial Crown of England . And be it further enacted by authority aforesaid , That on this side the first day of Iuly next comming , proclamation shall be made in all Shires within this Land of Ireland , of the tenour and sentences of this Act. And if any person and persons , of what estate , dignitie or condition soever they or he be , subject or resiant within this Land of Ireland , after the said first day of Iuly by writing or imprinting , or by any exteriour Act or Deed , maliciously procure or do , or cause to be procured or done , any thing or things to the peril of the Kings Majesties most royal person , or maliciously give occasion by writing , deed , print , or act , whereby the Kings Majesty his Heirs or Successors , or any of them might be disturbed or interrupted of the Crown of this Realm of Ireland , or of the name , stile , or title thereof , or by writing , deed , print or act , procure or do , or cause to be procured or done any thing or things to the prejudice , slander , disturbance , or derogation of the Kings Majesty , his Heirs or Successors , in ▪ of , or for the Crown of this Realm of Ireland , or in , of , or for the name , title , or stile thereof , whereby his Majesty , his Heirs or Successors , or any of them might be disturbed or interrupted in body , name , stile , or title of Inheritance , of , in , or to the Crown of this Land of Ireland , or of the name , stile , title , or dignity of the same ; that then every such person and persons , of what estate , degree or condition they be , subject or restants within the said Land of Ireland , and their Aydors , Counsellors , Maintainers , and Abbetters therein , and every of them , for every such offence , shall be adjudged High Traytors , and every such offence shall be adjudged and deemed High Treason , and the Offendors , their Aydors , Counsellors , Maintainors and Abbettors therein , land every of them being lawfully convicted of any such offence by presentment , verdict , confession , or proofs , according to the customs and Laws of this said Land of Ireland , shall suffer pains of death , as in cases of High Treason , and also shall lose and forfeit unto the Kings Highness , and to his Heirs Kings of this Realm of Ireland , all ●such his Mannors , Lands , Tenements , Rents , Reversions , Annuities , and Hereditaments which they had in possession as owner , and were sole seised of in their own right , of , by , or in any title or means , or in any other person or petsons had to their use of any estate of inheritance at the day of any such Treason and offences by them committed and done ▪ And that also every such Offendor shall lose and forfeit to the Kings Highness and to his said Heirs ▪ as well all such estates of freehold , and interest for years , of lands and rents , as all the Goods ▪ Cattels and Debts , which they or any of them had at the time of their conviction or attaindour , of or for any such offence : saving alway to every person and persons , and bodies Politique , their Heirs , Successors , and Assigns , and to every of them , other than such persons as shall be so convicted or attainted , their Heirs and Successors , and all other claiming to their use , all such right , title , use , interest , possession , condition , rents , fees , offices , annuities , commons and profits , which they or any of them shall happen to have , in , to , or upon any such Mannors , Lands ▪ Tenements , Rents , Reversions , Services , Annuities and Hereditaments , which so shall happen to be lost and forfeited by reason and occasion of any of the Treasons or Offences above rehearsed any time before the said Treasons or Offences committed or done . FINIS . Errata . PAge 20. l. 4. r. either . p. 33. l. 15. r. it , or rather that of Pat. 6. Johan . Reg. m. 6. l. 33. r. statuatur . l. 35. dele de p. 39 l. 33. & 38. c. 1. r. 2. p. 58. l. 23 should come in l. 25. before authorizing . p. 59. l. 8. r. Peytr●ls . p. 64. l. 25 , Ireland r. Scotland . Notes, typically marginal, from the original text Notes for div A91287e-410 a An Exact Collection , p. 8. b See Straffords Impeachment & Tryal . * 2 Stamf. l. 2. c. 63. 1. H. 7. f. 23. c Cooks 4 Instit. c. 6. * Stamf. l. 2. c. 60. d Cooks 3 Th●●● . p. 27. Stamf. Pleas of the Crown l. 3. c. 7. 32 H. 6. f. 26. 14 H. 7. f. 19. Brook chal 86 , 211 , 217. * Page 32 to 9. 42 to 49 , 38 , 59 , 63 , 68 , 59. e ror. . Pat. An. 9. Iohan. Reg. m. 4. n. 46. k Hoveden , Annal. pars post . p. 527 , 528 , 529. Giraldus Cambrensis , Hybernia Expugnata , l. 1. & 2. chron. Johan . Bromton , col . 1069 , 1070 , 1071. Mat. Westm. & Mat. Paris , An. 1171 , 1172. & others l Typographia Hybernia , c. 20 , 22 , 24. m Hybernia Expugnata , l. 2. c. 25. P. 808. n Hybernia Expug . c. 97. o Hist. Ang. Edit. Lond. 1640. P. 126. p Hybern . Expug . l. 1. c. 34. q Mat. Paris H●st. A●gl . p. 230. H●n . de K●yghton de Event . Angl. l. 2. c. 15. col . 2420. r Sir Iohn Davis his Irish Reports , p. 37 , 38. ſ Stamfords plees of the Corone , l. 3. c. 1. to 8. Cooks 2 Instit. p. 48. to 53. 3 Instit. c. 1 , 2. Brook , Fitzh. Statham , Ash ▪ ●ir . Coron . Trial , Treason . t See Sir Walter Rawlegh his Preface to the History of the World , D. Beards Theatre of Gods Iudgements on the 6th . Commandement . u See Lyra , Tostatus , Lavater , Polanus , Maldonat , Cornelius a Lapide Junius , and otherson these Texts . x A Declaration of the Armies engagements , &c. p. 36 , 37. 112 , 114. * See here p. 19. Crooks 1. Rep. m. 14 Car. p. 511 , 512. * Claus 39 E. 3. m. 12. De erroribus corrigendis in Parliamentis tenendis in Hibernia . * See Pat. 8. Johan . Regis , m. 1 , 2. Pat. 9. Iohan. Reg. m. 4. n. 26. Nota. * See 2 E. 3. c. 8. 18 E. 3. Stat. 3. 20 E. 3. c 1. 2 Claus. 5. E. 3. part 1. m. 27. 1 R. 2. n. 96. 2 R. 2. n. 51. Claus. 20 E. 3. part 1. dors . 13. * A new Discovery of the Prelates tyranny , p. 5● 37. 122 , 147. Notes for div A91287e-4370 The Case and Plea of the Lord Magwire . What not in question . * See 3 E. 4. c. 1. in Ireland . The Question The Act of 35 H. 8. c. 2. Question 1. * See the statutes of Ireland , 3 E. 2. c. 4. 18 H. 6. c. 2 , 3. 25 H. 6. c. 4 , 5. 28 H. 6. c. 1. 1 E. 4. c. 2. 5 E. 4. c. 6. 18 E. 4. c. 2. 10 H. 7. c. 6 , 8 , 9 , 10 , 13 , 17 , 19. 28 H. 8. c. 1 , 3 , 9 , 11. 3 Phil. & Mar. c. 11. 1 Eliz. c. 6 , 17. 27 Eliz. c. 1. 28 Eliz. c. 8 , 9. 11 Jac. c. 4. and the Annals of Ireland . * See Mr. St. Iohns argument against Strafford , p. 52 , 53. Quest . 2d . * See Cooks 3 Instit. p. 34. * Acts 10. 3 , 4. Rom. 2. 11. Eph. 6. 9. Col. 3. 25. 1 Pet. 1. 17. * See 25 H. 8. c. 3 , 10 , 13 , 26 H. 8. c. 2. 32 H. 8. c. 4 , 7 , 9 13. 5 Eliz. cap. 9. 14 , 15 , 21 , 22 , 23. 8 Eliz. c. 2 , 3 , 4. 13 Eliz. c. 8. 13 , 14 Eliz. c. 3. 1 , & 2 Phil. & Mar. c. 3. 1 Eliz. c. 6. * See Cooks 3 Instit. p. 31. * See 26 H ● c. 13. 1 E. 6. c. 11. * 1 H 7. 3. Co. 7. Rep. Calvins case , f. 16 , 17 , 23. Cooks Instit. 1. p. 35 Mr. St. Johns Argument at Law at Straffords Attainder , p. 61 , 62. * Mat. Parls An. 1230. Mr. Cambdens Ireland p. 114. to 140. The Annals of Ireland in Mr. Camb. Britan. p. 154 , 156 , 157 , 158 , 159 , 160 , 162 , 163 , 164 , 165 , 166 , 167 , 168 , 869 , 170 to 201. * See 1 E. 3. rot . parl. n. 4 , 5 , 6. 6 E. 3. n. 11. 6 E. 3. Parl. 2. n. 3. 7 R. 2. n. 4. 13 R. 2. n. 2. See p. ● . * Upon which ground writs of Error lie in the Kings Bench in England , to reverse erroneous judgments in the Courts and Parliaments of Ireland , Cooks 4 Inst. p. 352. Mr. St. Johns Arment at Law against Strafford , p. 58 , 61. * Dr. Jones others printed Relations concerning the Irish Rebellion . Quest . 3d. * See Dyer f. 31. 232 , 298 , 360. Cooks ● Rep. f. 23. 11 Rep. f. 65. * 21 H. 7. 7 Br Alienation 9. 30 E. 3. 17 Br. Alienation , 23 & 30. * Seldens tit. of Hon. p. 837 , 840 , 841. * Cap. 29. See Cooks 2 inst. p. 48 , 49. * Page 202 to 307. * See my plea for the Lords and House of Peers . p. 202 , 203 to 309. where this is largely proved , & p. 424. * 3 Instit. f. 30. * 1 El. c. 1. 6 ▪ * Par. 1 H. 3. m. 3. * King Hen. being then a Minor and under his Regiment . * Mat. Paris Hist. Angl. p. 278. * Claus. 12 H. 3. pars 1. m. 8. * Rot. Pat. 30 H. 3. m. 3. Sir Iohn Davis Irish Rep. p. 37. Cooks 4 Instit. p. 350. 1 Instit. f. 141. b. Mr. St. Iohns Argument at Straffords Attainder . p. 55. * Nota. * Mr. St. Iohns argument at Straffords Attainder , p. 37 , 53. Here p. 2. * Rot. pat . 8 E. 4. in Cancel . Hiberniae ; Mr. Seldens titles of Honor . Booke 2. c. 6. 〈…〉 841. * Pat. 21 H. 8. pars 2. 8 Decemb. * Titles of Honor , Book 2. c. 6 , 7. Object . 1. Answ . * Here p. 32 , 33 , 34. * Here p. 3 ▪ * Here p. 32 , 33 , 34. * See Cook ibid. * Co. 2 Instit. Proem. * Page 30. Object . Answ . * See Horns M●r●our of Justices , p. 314 , 315. * See an exact Abrigement of the Records p. 372 , 379 , 380. Object . 2. Argument 2. Answer . * See an exact Abridgement p. 567 , 568. Cooks 4 Instit. p. 123 , 124. * Cambdens Ireland , p. 111 , 120 , 121 , 199. * See Stamf. l. 3. c. 7. 7 H. 7. 12. Brook Challenge 217. Fitzh. Stathams and Brooks Abridgements , and Ashes Table , title Challenge , * Cooks 3 Institutes , p. 27. a See Fitzh. Brook , Ash . Title Jurors , Tryal , Enquest . b 1 H. 4. 2. 27 H. 8. 22. & 13 H. 8. 11 , 12. Brook Treason 29 , 33. 10 E. 4 , 6. Cooks 3 Inst. p. 28 , 29. 2 Inst. p. 49. c 2 Eliz. c. 1. & 6. * Godwins Catalogue of Bishops , p. 605 , 606 , 232 , 233. * Though Peers . Object . 3. * See the Annals of Ireland , and Mr. Camb. in Ireland , p. 121 to 200. Object . 4. * Here p. 40 , 41. Answer . * See here p. 32 , to 42. Object . 5. Answ . Object . 6. Answer . * See Crokes Rep. p. 264 511 , 512. Object . 7. Answer . * See Hov. p. 545 , 546 , 550. Walsingham . Hist. Angl. p. 48 to 56. Mat. Paris Hist. Ang. p. 417 , 433 , 666 , 667 , 29 E. 1. Ro● . Claus. dors . 10. Claus. 33 E. 1. dors . 13. scedula claus. 34 E. 1. dots . 10. claus. 10 E. 3. dors . 9. * 1 Jac. c. 2. 3 lac . c. 3. 4 lac . 1. Object . 8. Answ . Notes for div A91287e-24010 * Not ● . The Star . of Ireland , prin-Dublin 1621. p. 183. 
A25878	----	The arraignment, tryal and condemnation of Stephen Colledge for high-treason, in conspiring the death of the King, the levying of war, and the subversion of the government Before the Right Honourable Sir Francis North, Lord Chief Justice of the Court of Common-Pleas, and other commissioners of oyer and terminer and gaol-delivery held at the city of Oxon. for the county of Oxon. the 17th and 18th of August 1681. I do appoint Thomas Basset and John Fish to print the arraignment, tryal and condemnation of Stephen Colledge, and that no others presume to print the same. Fr. North. 1681 Approx. 536 KB of XML-encoded text transcribed from 74 1-bit group-IV TIFF page images. Text Creation Partnership, Ann Arbor, MI ; Oxford (UK) : 2007-10 (EEBO-TCP Phase 1). A25878 Wing A3762 ESTC R214886 99826937 99826937 31349 This keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the Early English Books Online Text Creation Partnership. This Phase I text is available for reuse, according to the terms of Creative Commons 0 1.0 Universal . The text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. Early English books online. (EEBO-TCP ; phase 1, no. A25878) Transcribed from: (Early English Books Online ; image set 31349) Images scanned from microfilm: (Early English books, 1641-1700 ; 1901:16) The arraignment, tryal and condemnation of Stephen Colledge for high-treason, in conspiring the death of the King, the levying of war, and the subversion of the government Before the Right Honourable Sir Francis North, Lord Chief Justice of the Court of Common-Pleas, and other commissioners of oyer and terminer and gaol-delivery held at the city of Oxon. for the county of Oxon. the 17th and 18th of August 1681. I do appoint Thomas Basset and John Fish to print the arraignment, tryal and condemnation of Stephen Colledge, and that no others presume to print the same. Fr. North. England and Wales. Court of Common Pleas. [4], 140 p. printed by Joseph Ray at Colledge-Green for a society of stationers, Dublin : 1681. Includes Colledge's petition to the King. Reproduction of original in the Cambridge University Library. 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Popish Plot, 1678 -- Early works to 1800. 2006-01 TCP Assigned for keying and markup 2006-01 Aptara Keyed and coded from ProQuest page images 2007-01 Ali Jakobson Sampled and proofread 2007-01 Ali Jakobson Text and markup reviewed and edited 2007-02 pfs Batch review (QC) and XML conversion 〈◊〉 ARRAIGNMENT , TRYAL And CONDEMNATION of STEPHEN COLLEDGE FOR HIGH-TREASON , IN Conspiring the Death of the KING , the Levying of WAR , and the Subversion of the GOVERNMENT . Before the Right Honourable Sir FRANCIS NORTH , Lord Chief Justice of the Court of Common-Pleas , and other Commissioners of Oyer and Terminer and Goal-Delivery held at the City of Oxon. for the County of Oxon. the 17th and 18th of August 1681. I do appoint THOMAS BASSET and JOHN FISH to Print the Arraignment , Tryal and Condemnation of Stephen Colledge , and that no others presume to Print the same . Fr. North. DVBLIN , Printed by Joseph Ray at Colledge-Green for a Society of Stationers , 1681. TO THE KINGS MOST EXCELLENT MAJESTY . The Humble Petition of Stephen Colledge , now Prisoner in Your Majesties Tower of London , Most humbly sheweth , THat whereas your Petitioner being charged with High-Treason , is under strait Confinement , that he hath not liberty to see or speak with any of his Friends or his Children , and being lately informed that it is ordered Your Petitioner shall come to his Tryal at the City of Oxon. about the middle of the next Month. Your Petitioner therefore most humbly prays Your Sacred Majesty , That leave may be given for Mr. Thomas Smith , and Mr. Robert West to come to him ; and also to have the use of Pen , Ink and Paper , in order only to make his legal and just Defence ; and also to have the comfort of seeing his two Children . And Your Petitioner , as in duty bound , shall ever pray , &c. A true Copy , Francis Gwyn . At Hampton-Court , July 28. 1681. UPon Reading this Day at the Board the Petition of Stephen Colledge , Prisoner in the Tower , praying that in order to the making his Defence at his Tryal / which he hears is to be the middle of the next Month / he may be permitted to see his two Children / to have the liberty of Pen / Ink and Paper / and that Mr. Thomas Smith , and Mr. Robert West may come to him . His Majesty was pleased to order / That the Lieutenant of the said Tower of London do permit the said Stephen Colledge to have Pen / Ink and Paper / and to see his two Children / and the said Mr. Thomas Smith , and Mr. Robert West , and to converse with them as often as he shall desire / in the presence and hearing of the Wardour who attends him . A true Copy . Francis Gwyn . To the King 's Most Excellent Majesty , and to the Right Honourable the Lords and others of his Majesties Most Honourable Privy Council . The Humble Petition of Stephen Colledge now a Prisoner in the Tower of London . Humbly Sheweth , THat Your Petitioner having been a close Prisoner ever since his first Commitment , is altogether ignorant of the particular matters charged against him , and of the Names of the Witnesses who are to prove the same ; upon his knowledge of both which , as well the matter as the manner of his Defence must depend ; and because upon the consideration of his Case , several matters of Law may arise as well before as at the time of his Tryal , in which , Councel will be necessary to assist him , and several matters of Fact preparatory to his Tryal ; with which , under his Confinement , he cannot be furnisht without the help of a Sollicitor , and he is like to be wholly uncapable of receiving any benefit from the priviledge allowed by Law , of peremptory Challenge to several Jurors , especially in a Countrey where he is absolutely a stranger , unless he may have some knowledge of them before his Tryal . In full assurance therefore of the great Justice and Clemency of Your Majesty and this Honourable Board , which he hath lately had some experience of , and doth with all humility and thankfulness acknowledge , Your Petitioner doth humbly beseech Your Majesty and this Honourable Board , that he may have a Copy of the Indictment against him , or the particular Charges of it ; That his Councel and Sollicitor may have free access to , and private conference with him ; and because their own private affairs or other accidents may call away some of his Councel from his assistance , that Mr. Wallop , M. Smith , M. Thompson , M. Darnell , Mr. West of the Middle Temple , Mr. Holles of Lincolns-Inn , Mr. Rotherham , Mr. Lovell , Mr. Rowny of Grayes-Inn , Mr. Pollexfin , Mr. Ward of the Inner-Temple , may be assigned him for Councel , and Aaron Smith for his Sollicitor ; and that he may have a Copy of the Jurors to be returned upon his Tryal , some days before his Tryal . And your Petitioner shall ever pray , &c. A true Copy , Francis Gwyn . At Hampton Court , Aug. 11. 1681. IT is Ordered vp his Majesty in Council / That the Friends and Relations of Stephen Colledge a Prisoner in the Tower , shall have liberty of Visiting and freely conversing with him ; and the Lieutenant of the Tower having first caused their Names to be taken in Writing / is to suffer such Friends and Relations to have Access to the said Stephen Colledge without any Interruption from time to time accordingly . A true Copy . Francis Gwyn . THE TRYAL Of STEPHEN COLLEDGE , &c. Present , the Lord Norreys . Lord Chief Justice North. Mr. Justice Jones . Mr. Justice Raymond . Mr. Justice Levyns . On Wednesday the 17th . of August , 1681. the Judges and Commissioners of Oyer and Terminer and Gaol-Delivery , met at the Court-House in the City of Oxford ; and after Proclamation for Silence , the Commission of Gaol-Delivery was Read , and then the Commission of Oyer and Terminer . Proclamation was made for the Sheriff to return the Precepts to him directed : The Justices of the Peace of the County of Oxford were called over ; and the Appearance of the Grand Jury summoned to attend this Commission was taken . Lo. Ch. Just . North. GEntlemen , You that are returned of the Grand Inqust , there has been a Sessions so lately , that in all probability there will be no great matter to trouble you with at this time . And so I shall not trouble my self nor you to give you any Charge , because we know of no business yet that we shall need you for . The Court hath recorded your Appearance . You will do well to be in the way , either in the Town , or hereabout the Court , that you may be ready if any thing should happen . 'T is necessary for us to have your attendance ; but we know not of any thing that we have in particular to trouble you with . We have an Indictment before us , let us proceed upon that . Cl. of the Crown . Gaoler , have you your Prisoner ? Gaoler . We will fetch him presently . Then the Prisoner was brought to the Bar. Cl. of Cr. Stephen Colledge , Hold up thy Hand . ( Which he did . ) Thou art here Indicted by the name of Stephen Colledge , late of Oxford , in the County of Oxford , Carpenter ; For that thou as a false Traytor against the most Illustrious , most Serene , and most Excellent Prince , our Sovereign Lord Charles the Second , by the Grace of God , of England , Scotland , France and Ireland King , Defender of the Faith , &c. thy Supreme and Natural Lord , the Fear of God in thy heart not having , nor weighing the Duty of thy Allegiance , but being moved and seduced by the Instigation of the Devil , the cordial Love , and true , due , and natural obedience which true and faithful Subjects of our said Sovereign Lord the King , towards him our said Sovereign Lord the King , should and of right ought to bear , wholly withdrawing and machinating , and with all thy strength intending the Peace and common tranquillity of our said Sovereign Lord the King of this Kingdom of England to disturb , and Sedition and Rebellion , and War against our Sovereign Lord the King , within this Kingdom of England to move , stir up and procure ; and the cordial Love , and true and due Obedience which true and faithful Subjects of our said Sovereign Lord the King , towards him our said Sovereign Lord the King should , and of right ought to bear , wholly to withdraw , put out and extinguish , and him our said Sovereign Lord the King to Death and final Destruction to bring , and put , the tenth day of March , in the Three and Thirtieth year of the Reign of our Sovereign Lord Charles the Second , by the Grace of God , of England , Scotland , France and Ireland King , Defender of the Faith , &c. at Oxford , in the County of Oxford , Falsly , Maliciously , Subtilly and Traiterously , did Purpose , Compass , Imagine and Intend Sedition and Rebellion within this Kingdom of England , to move , stir up , and procure , and a miserable Slaughter among the Subjects of our said Sovereign Lord the King to procure and cause , and our said Sovereign Lord the King from his Regal State , Title , Power and Government of his Kingdom of England , to deprive , depose , cast down and disinherit ; and him our said Sovereign Lord the King to Death and final Destruction to bring and put , and the Government of the said Kingdom at thy will and pleasure to change and alter , and the State of all this Kingdom of England , in all its parts well Instituted and Ordained , wholly to Subvert and Destroy , and War against our said Sovereign Lord the King , within this Kingdom of England to levy ; and thy said most Wicked Treasons , and Trayterous Imaginations and Purposes aforesaid to fulfil and perfect , thou the said Stephen Colledge the said tenth day of March , in the Three and Thirtieth year of the Reign of our said Sovereign Lord the King with force and Arms , &c. at Oxford aforesaid , in the County of Oxford aforesaid , Falsly , Maliciously , Subtilly , Advisedly , Devilishly and Trayterously did prepare Arms and Warlike offensive Habiliments to wage War against our said Sovereign Lord the King. And thy self in warlike manner for the purposes aforesaid , then and there Falsly , Maliciously , Subtilly , Advisedly , Devilishly and Traiterously didst Arm , and one Edward Turbervill , and other Subjects of our said Sovereign Lord the King , to Arm themselves ; to perfect thy Traiterous purposes aforesaid , then and there Advisedly , Maliciously and Trayterously didst incite and advise . And further , then and there Falsly , Maliciously , Subtilly , Advisedly , Devilishly and Trayterously didst say and declare , That it was purposed and designed to seize the Person of our said Sovereign Lord the King at Oxford aforesaid , in the County of Oxford aforesaid . And that thou the said Stephen Colledge in prosecution of thy trayterous purpose aforesaid , wouldst be one of them who should seize our said Sovereign Lord the King at Oxford aforesaid , in the County aforesaid . And that thou the said Stephen Colledge thy said most wicked Treasons and trayterous Imaginations , Compassings and Purposes aforesaid the sooner to fulfil and perfect , and discords between our said Sovereign Lord the King and his People to move , cause and procure , then and divers times and days as well before as after at Oxford aforesaid , in the County of Oxford aforesaid , in the presence and hearing of divers Liege Subjects of our said Sovereign Lord the King , then and there being present , Falsly , Maliciously , Subtilly , Advisedly , Devilishly and Traiterously didst say and declare , That nothing of good was to be expected from our said Sovereign Lord the King ; and that our said Sovereign Lord the King did mind nothing but Beastliness , and the destruction of his People : And that our said Sovereign Lord the King did endeavour to establish Arbitrary Government and Popery against the Duty of thy Allegiance , against the Peace of our Sovereign Lord the King , his Crown and Dignity , and against the Form of the Statutes in this Case made and provided . How sayest thou , Stephen Colledge , Art thou Guilty of this High-Treason whereof thou standest Indicted , and hast been now Arraigned , or not Guilty ? Colledge . My Lord , I do desire , if it please your Lordship , to be heard a few words . L. Ch. Just . Look you , Mr. Colledge , the matter that hath been here read unto you is a plain matter , and it hath been read to you in English , that you may understand it . 'T is an Indictment of High Treason ; now you must know , that no Plea can be received to it , but either Guilty or not Guilty as to the Fact ; if you can assign any matter in Law , do it . Colledge . Will you please to spare me , that I may be heard a few words . I have been kept close Prisoner in the Tower ever since I was taken : I was all along unacquainted with what was charged upon me . I knew not what was sworn against me , nor the persons that did swear it against me , and therefore I am wholly ignorant of the matter . I do humbly desire I may have a Copy of the Indictment , and a Copy of the Jury that is to pass upon me , and that I may have Council assigned me , to advise me , whether I have not something in Law pleadable in Bar of this Indictment . Lo. Ch. Just . These are the things you ask , You would have a Copy of the Indictment , you would have Council assigned to you , to advise you in matter of Law , and a Copy of the Jury . Colledge . One word more , my Lord , I desire to know upon what Statute I am Indicted . Lo. Ch. Just . I will tell you for that , Is it not contra formam Statut. with an abbreviation ? Cl. of Cr. Yes . Lo. Ch. Just . That refers to all manner of Statutes that have any relation to the thing in the Indictment that is High-Treason . For it may be meant contra formam Statut. which are all the several Statutes that are in force concerning High-Treason . Now for those things that you demand , you cannot have them by Law. No man can have a Copy of the Indictment by Law ; for Councel , you cannot have it , unless matter of Law arises , and that must be propounded by you ; and then if it be a matter debatable , the Court will assign you Councel , but it must be upon a matter fit to be argued : for I must tell you , a defence in Case of High-Treason ought not to be made by Artificial Cavils , but by plain Fact. If you purpose any matter of Law , the Court will consider of it , and assign you Councel , if it be reasonable . For a copy of the Jury , that you can't have neither , for there is no such thing as yet ; there is no Issue joyned whereupon such a Jury should be impannelled . When you have pleaded to Issue , then we must award the Sheriff to impannel a Jury to try that Issue . So as to what you say as to want of preparation for your Tryal , we cannot enquire what notice you have had ; and yet if you had never so little time , there is no cause why you should not plead , though you were but just now taken and brought to the Bar to answer it , and never heard of any thing of it before . So that I think you ought to plead presently . Colledge . My Lord , I am wholly ignorant of the Law , I may ruine my self by mistaking the Law ; I desire Councel , not to delay my Tryal , but only to advise me whether there is not something in Law proper for me to plead to this Indictment , and those things I alledged were not at all to delay the Tryal , but only that I may not be wanting to my self in what I may by Law have . Lo. Ch. Just . I tell you , Councel cannot be assigned you till the Court be possessed of some matter to grant it upon . Colledge . I had some Papers , my Lord , that were taken from me , which I desire may be restored to me . I only plead that I may have my Birth-right , and that which the Law gives me ; If I may have Justice , I desire no more . These Papers were taken from me in the House over the way since I was brought from the Prison ; they were Papers that concerned my defence ; some directions and instructions how to manage my self in that defence . If you please to let me have those Papers , I will not take up much of your time ; I desire to have but common Justice , and that which is my right by Law. L. Ch. Just . That which you demand , Justice , you shall have by the Grace of God to the best of our skill , without any partiality in the World. But you must trust the Publick Justice of the Kingdom . We are to be of Councel for you , so far as to see that all things proceed fairly on all sides . And when things come before us that are fit for you to have Councel upon , you shall have Councel assigned you ; for we are tender of the life of a Man , as well as of the life of the King , and of the publick Justice of the Kingdom . But this is no reason why you should not now plead . For the Papers you speak of , we will take an examination of them afterwards : If they were Papers that are necessary for your defence upon your Tryal , in God's Name you must have them restored to you ; but we know not which way you came by them , nor what they are . Colledge . They were taken from me just now , under the pretence of bringing them to your Lordship . Lo. Ch. Just . How comes any body to give you Papers ? Nobody can solicit for any one that is under an Accusation of High-Treason , unless he be assigned so to do by the Court. Colledge . God have mercy upon any man that is so accused then ; for 't is not possible for him to make his Defence , if he cannot be at liberty to look after it himself , nor any of his Friends permitted to do it for him . Lo. ch . just . You can say whether you are Guilty or not Guilty without any Papers . Coll. My Lord , I know not but there may be something in Law for me to plead to this Indictment , which I shall lose the benefit of if I plead . I humbly conceive you are to be my Councel , and as you are Judges , are to proceed according to the Law. You are upon your Oaths to do me right according to the Law. Mr. Just. Jones . But till you have proposed a matter of Law fit for Councel to argue , there is no Councel to be assigned you . Colledge . If I had those Papers , I could tell what I should plead . My Lord , this is one thing , I am a Free-man of London , and I am not impleadable by the Charter of London , any where out of the Liberties of the City in Pleas of the Crown . Lo. ch . just . You are indicted in Oxfordshire for High-Treason committed here . If there be not any thing of High-Treason proved , done in Oxfordshire , you will be acquitted . But a Free-man of London cannot have a priviledge to commit Treason in Oxfordshire , but must be Tryed for it there . Colledge . Will you please to order me my Papers back that were taken from me ? Mr. Just . Jones . You ought first to plead . You have a right to demand Councel in matters of Law , but then it must be upon such matters of Law as you your self propose to the Court , and the Court shall judge to be matters of Law fit to be debated : Till then we cannot assign you Councel . Colledge . It was so in the Tryal of Lilburne , and in the Tryal of my Lord Stafford , there was Councel assigned to them . Mr. Just . Jones . Not before they pleaded to the Indictment . Colledge . Did not your Lordships , some of you that are Judges of the Kings-Bench , say , that it was the right of the Prisoner to have a Copy of the Pannel , and of the Jury , before the Tryal ? Mr. Just . Jones . No sure : Here are two of us that are of the Court , and we never heard of any such thing . Colledge . Pray , my Lord , do me right , I am ignorant of the Law , and through my ignorance may mistake . Lo. Ch. Just . God forbid we should not do you right ; you may expect it from us ; we are upon our Oaths to do all the Kings Subjects right . Colledge . I am ignorant in the Law , and 't is impossible for me to make my defence without the assistance of my Papers . L. Ch. Just . Cannot you tell whether you be Guilty or not Guilty of this Treason ? Colledge . I can so , but I know not what error I may run my self into , if I should plead presently , and lose the benefit that the Law may give me . Lo. Ch. Just . All matters of Law are saved to you after you have pleaded . Colledge . Pray , my Lord , let me have my Papers again that were taken from me . Cl. of Cr. You must plead to the Court , Guilty or not Guilty . Colledge . Shall I not have my Papers after I have pleaded ? Lo. Ch. Just . We will not capitulate with you . Move what you will then , but till you have pleaded , we can enter into no other business . Colledge . I know not but I might plead some other thing to the Indictment . Mr. just . jones . Propose what you will , if it be a matter in Law fit to be argued , you shall have Councel assigned you . Colledge . Pray , my Lord , let me have my Papers again . If it were not my right to have them , or to have Councel , I would not ask it ; but if it be , I would not lose what is my right . L. ch . just . You must plead first . I know not but he may be criminal that brought you those Papers : for we allow no Sollicitors in cases of Treason . Colledge . Some of those Papers were received from me in the Tower , and were brought back to me , and taken away but to day , I desire they may be returned . Cl. of Cr. Are you Guilty or not Guilty ? Colledge . Those Papers tell me I have a Plea in Law , but what it is , I cannot directly tell without my Papers . Lo. ch . just . You must mention it , and propose it , and then we will do what is fitting for us to do in it . Colledge . I have not that method about me , nor can I directly tell it without my Papers ; but 't is something of Law about the Indictment . Lo. ch . just . You are not bound up to forms of Law. For if you propose the matter never so loosely , yet if it be a matter of avail , and that which the Law is not clearly against you in , you shall have Councel , and time to draw it up in form . Colledge . I cannot propose the matter so regularly as if I had my Papers . Mr. just . jones . You are not bound to propose it in formality of Law , my Lord tells you , only let us know what it is . Colledge . I have a priviledge in Law , I hope you will give me the benefit of it . Lo. ch . Just . We will deny you nothing that the Law gives you ; but we cannot give you councel . It is not one particular case , but the common course of Justice is concerned . Without a matter of Law arises , we cannot assign you Counsel ; if we would , we cannot in Justice till you have proposed the matter which the Court thinks fit to be argued . Colledge . My Lord Coke says , It is the Birth-right of every English-man to have Councel in matters of Law , and Lilburne had it upon solemn Argument in his Tryal . Mr. just . jones . What times were those ? That was before the High Court of Justice . Mr. Att. Gen. If there be matter in Law , it must be proposed to the Court , and they are to judge whether it be a Point fit to be argued , and then Councel is to be assigned you , and not till then . Colledge . My Lord , I know not but there may be somewhat in Law for me to plead to this Indictment , till I have my Papers I can't tell what it is . Lo. ch . just . We know nothing of your Papers what they are , you must answer whether you be Guilty or not Guilty . Colledge . If I had my Papers , I would answer to it immediately ; but I hope I shall not be murdered . Mr. just . jones . Have a care of aspersing the Court. Pray who intends to murder you ? Mr. Serj. jefferies . I remember in Lilburn's Tryal that he speaks of , such words were used indeed . Colledge . My Lord , I hope I shall not be deny'd what is necessary for my defence . This design is not only against me , but against all the Protestants . Mr. Art. Gen. How long have you been a Protestant , Mr. Colledge ? Colledge . Ever since I knew what Religion was , Sir , I never was any thing else . For Gods sake , my Lord , let me have the justice of the Nation , and what by Law an English-man ought to have . Lo. ch . just . You must plead Guilty or not Guilty , or you must shew some matter that you will plead , that is proper for us to assign you Councel . If we should record your refusal , you would be judged to stand Mute , and Sentence would pass upon you . Colledge . If I have a priviledge in Law as an English-man , I will not forfeit it , if I can help it , for any thing in the world . Therefore I desire I may have my Papers again , that I may see if I can plead any thing in Law ; for if I have a priviledge by the Law , before I will forfeit it , you shall do what you please with me . Lo. ch . just . You 'll have the advantage of all that matter that is in your Papers after you have pleaded , if there be any advantage . Colledge . Pray , my Lord , order me my Papers that were taken away from me . Lo. ch . just . They were not taken away by me . Colledge . They were taken away by the Keeper , under pretence to bring them to your Lordship . L. ch . just . I know not how you came by them . There came one to me last night that is a common Sollicitor , one Aaron Swith , and desired he might have liberty to go and speak with the Prisoner . I told him , I did not understand till he were assigned by the Court , that any could justifie Solliciting for a man that is accused of High Treason nor could any be of Councel till they were assigned : for a defence against Treason ought to be by plain matters of Proof and Fact , and not by artificial Cavils . But if you will propose any thing of substance , as a matter in Law which the Court shall think fit to be argued , propose it , and then we will assign you Councel . Colledge . Is it not my right that I ought to have a copy of the jury ? Lo. ch . just . Look you for that now , you cited the Opinion of the Judges of the Kings-Bench . My Brothers , two of them that are here , who are Judges in that Court , say , they know nothing of any such matter : But I must tell you , you have liberty by Law to challenge 35. by your sight premptorily , without shewing cause . They are bound to look upon you when they come to be sworn , and if you have any just cause , you may except against as many more as as you will. But now we that proceed upon a Commission of Gaol-delivery , are to proceed with expedition ; there are no particular men designed for a Jury that I know of . But when you have pleaded , we shall award the Sheriff to impannel a Jury . Colledge . If the Law allow me the liberty of challenging , it does intend it me that I may challenge those persons that I think will do me no justice ; but where they are strangers unto me , if I can have no information about any of them by my own enquiry , or my friends , I may challenge my friends as well as my foes : and should there be any person that has a prejudice against me , and I not know it , he may chance to be one . L. c. j. I hope they will be neither friends nor foes , but true men . Coll. I know not that , my Lord. Mr. just . jones . This that you say as to a copy of the Jury , is unseasonable . There is no Jury , nor can be awarded till you have pleaded . There must be first Issue joyned , and that cannot be but upon your Plea of not Guilty . Therefore you must plead first , and then say all you will. Cl. of cr . Are you Guilty or not Guilty ? Coll. My Lord , may not I have a pannel of the Jury ? Mr. just . jo . There is no such thing in being . Coll. I know not what to say to it ; pray , my Lord , let me have my papers . Cl. of cr . You have heard the opinion of the Court , you must first plead . Coll. I cannot plead first , I must lose my life if I must ; I neither know who accuses me , nor what it is they accuse me of : 't is impossible I should defend my self if I have not my papers . L. c. j. We know not what papers you mean. Coll. The Gaoler took them from me , and one of the Kings Messengers . Pray , my Lord , will you order them to be returned to me again : Let me but see whether I have any right or no , and whether I have any thing to plead or no : When I have perused my papers , I will propose it as well as I can to you . Pray , my Lord , let me have a fair Tryal . L. c. j. We promised you a fair Tryal , but you must put your self upon that Tryal by your pleading . Coll. I cannot do that without my papers , my Lord. Let me but have them again , and I will not delay your time at all . L. c. j. You can tell whether you are Guilty or not Guilty , can't you ? Coll. If I have a Plea in law against the Indictment , I hope you will not hinder me of that which is my right . It is possible the Indictment does not lay it right , either as to the matter of Treason , or as to the place . Mr. just . jones . That is upon the Issue of not Guilty upon your Tryal . If there be not matter of Fact , or words proved that are Treason in this place , you will have the advantage of it upon your Tryal . Coll. I know not , my Lord , but that the Indictment does mention something of Treason , and something of Misdemeanour . Mr. just . jones . That which is Misdemeanour , won't amount to a proof of the Treason upon the Tryal . L. c. j. If they prove no Treason against you here , but only Misdemeanour , I do not understand that the Jury can find you guilty of that Misdemeanour ; for 't is another crime , and there is another sort of proceedings for it . In Misdemeanour there are no peremptory Challenges ; in Misdemeanour Councel is to be allowed for the Prisoner , but not in Treason . Coll. Pray , my Lord , be pleased to order me my papers again : I know not what to say without I have the assistance of my papers : when I have them , I shall be ready to plead presently , according as I shall find I may by law . This I am sure , I have done nothing , nor said nothing of Treason , and I pray for nothing but Justice , and that which is my right . This is a most horrid conspiracy to take away my life ; and it will not stop here , for it is against all the Protestants in England . L. c. j. Mr. Colledge , you do not only trifle , but run out into very great extravagancies . Who has any conspiracy against your life ? you shall be allowed to give in Evidence any thing of any conspiracy against you , or contrivance against you when you are upon your Tryal . Now the Question is , Are you Guilty or not Guilty ? I see no use of papers that you can have as to the Plea. Mr. just . jones . You will run into danger by spending of time . Colledge . Pray my Lord , order me my papers , they are in the hands of Mr. Murrell the Gaoler , and Sewell the Kings Messenger . Lo. ch . just . When you have pleaded we will take it into consideration . Colledge . My Lord , it may be too late then . Lo. ch . just . 'T is a plain matter before you , whether you be Guilty or no. You know what to answer . Coll. I will give a direct answer , after I have my papers again . Mr. just . jones . You can give an answer to that without papers . Lo. ch . just . Consult with your own heart , and there you may receive an answer to that Question . Mr. Att. Gen. Mr. Colledge ; can any body tell whether you be guilty or no , better then your self ? Mr. just . Jones . If you expect any papers , they ought to be framed by your self ; for by Law none can advise you what to plead . Colledge . I don't expect it in matter of Fact , but if matter of Law arise . Mr. Just . Jones . But this is a matter of Fact , and therefore you may plead Not guilty , as well without your papers , as if you had them . Colledge . But if there be any matter of Law , that I ought to have the advantage of . Mr. just . Jones . Then you ought to have no advice , till they be assigned by the Court : for by the Law , neither counsel nor advice are allowable to you , till the matter has been proposed , and the Court think fit to assign you counsel . Mr. just . Levinz . You talk of the Priviledge of an English man ; you have all the priviledges of an English-man : You are here brought to an open Tryal , according to the Law , and by that Law you must Plead . Now if a man be Indicted for High-Treason , he is bound to plead either Guilty or not Guilty , unless he has a matter in Law to excuse him from that Plea , which must be proposed to the Court , and then Counsel will be assigned , and if so be matter of Law arises upon any evidence that is given against you at the Tryal , you may demurr upon that Evidence , and pray Counsel of the Court to argue that demurrer , and they will not deny you : but I think you must plead presently . Colledge . I suppose other persons that have been tried , have had Councel before they have pleaded . Mr. just . jones . But never before the Matter was proposed to the Court. L. c. j. It was so in the case of my Lord Stafford . The Court made him propose his matters in Law , and so it was in Lilburn's case . He did insist upon a great many matters in Law , and had the Books there himself . Coll. I am wholly ignorant of the Law , my Lord. Mr. Serj. jeff. Your Lordships are the Judges of Law in this case . The Question here in short is , whether the Prisoner be Guilty or not Guilty , and that being demanded of him by the Court , if he refuses , let him take the consequence of it . Coll. What is that pray , Sir George ? Mr. Att. Gen. Judgment of High-Treason . For if a person stand mute , and will not plead to an Indictment of High-Treason , the common Judgment of Pressing to Death must not pass upon him , but an Attainder of High-Treason . Coll. Well , if it be so , I cannot help it . I thank God I am innocent of any Treason , or any such thing . L. c. j. Why don't you plead not Guilty then ? Coll. I do not refuse to plead , I am willing to plead with all my Heart , if I may have my right . Mr. just . jo . If you do not plead , you do refuse to plead . Coll. Pray , my Lord , let me have my Papers . Mr. Att. Gen. Pray give the Court an Account where you had those Papers . L. c. j. Nay , we will not enter into any examination of that matter now , Mr. Attorney ; he can have no use of Papers to see whether he should plead Guilty or not Guilty . Mr. S. jeff. We know nothing of those Papers , we desire he may answer to the Question shortly , whether he be Guilty or not Guilty ; if not , we pray your Lordships judgment . Coll. I had them not all from one person , they were received from my own hands some of them in the Tower , and being brought back to me , they were taken from me to day , let me have but one of them : the Paper of instructions in point of Law , that I may know what is my right , I would not throw away my life , if I have any thing that is my right that can preserve it . L. c. j. You are to give a plain Answer , whether you are Guilty or not Guilty ? now for that you have no use of Papers : For you can best tell whether you be Guilty or not . If you can propose any matter of Law that you can have to plead , do it . Coll. If I have any Plea that I may plead besides not Guilty , I desire I may have my Papers to consider of it , and that I may have Councel assigned me . L. c. j. If you have any such Plea , tell us the matter , and the subststance of it . Coll. I do not know what really are matters of Law , if I had those instructions that are in my Papers , I could give you a direct Answer presently . L. c. j. You ought not to have any advice to decline your Tryal : When you propose matter of Law your self , you may have advice upon it . But you ought not to have advice to decline your Tryal before-hand . Cl. of cr . Are you Guilty , or not Guilty ? Coll. Mr. Attorney , pray let me have a copy of the Indictment . Mr. Att. Gen. Apply your self to the Court for it , we must receive our directions from thence . L. c. j. You have had the opinion of the Court , you can't have it . M. just . Levinz . You have been told nothing can be received from you but a Plea of Guilty or not Guilty , and the Court have given you their opinion , and that you cannot have a copy of the Indictment , nor Councel assigned you , till you offer something for them to be assigned upon . L. c. j. And that was it which was done in the King's-Bench in the case of Fitz-Harris , which I suppose you meant when you spake of the Judges Opinions . Mr. just . jones . Nothing was done there till he himself assigned the matter in Law that he would plead , and then Councel was assigned him . Mr. Serj. jeff. Mr. Colledge was in the Court at that time , and can tell what was done . L. c. j. If you desire the Indictment read over again distinctly , that you may have . Mr. Att. Gen. Ay , with all my heart . Coll. Pray let me hear it again , my Lord , if you please . L. c. j. Read it over again to him , and read it distinctly . Cl. of cr . Thou art Indicted by the name of Stephen Colledge late of Oxon. in the County of Oxon. Carpenter , as a false Traytor . Coll. I have observed one thing already , my Lord , I pray I may have Pen and Ink. L. c. j. Ay , give him Pen and Ink , let him make what observations he can . Then the clerk read the Indictment through . Cl. of cr . Art thou Guilty of this High-Treason , or not Guilty ? Coll. This Indictment , if I understand it , says , there was a Plot and conspiracy by me and others ; now I know when my Lord Stafford was tryed , they did proceed to prove first , that there was such a Plot , and then that my Lord was guilty of it ; first , that there was such a conspiracy by the Papists , is it not requisite they should first prove such a Plot and conspiracy there was , before they go to prove me guilty of it ? Mr. just . jones . What , before you have pleaded ? L. c. j. When you have pleaded , the next thing is to try you , and to give the Evidence , but what way the King's Councel will take to manage your Tryal , that we can't tell . Mr. Just . Jones . But they are not to be directed by you , Mr. Colledge . Colledge . It was so done in my Lord Stafford's case . Lo. Ch. Just . He pleaded first however , you have not yet pleaded . Cl. of cr . Are you Guilty or not Guilty ? L. Ch. Just . Do not trifle any longer , 't is a plain matter , and requires a very short and plain answer . Colledge . Your Lordships are my Councel as well as my Judges , and I do desire if I have any right to plead any other matter , you will be pleased to declare it to me , for I am ignorant in the Law. Mr. Just . Jones . We have declared our opinion already , that you have no right to have any Solicitor or Councel till matter of Law do arise . Coll. Is it your Lordships opinion that I have no Plea in Law ? Mr. just . jones . Have you no Plea in Law ? L. c. j. He would have our judgment whether there be any or no. Mr. just . jones . You your self know best , we know nothing you have to plead . Colledge . I cannot unless I have counsel , and my papers . L. c. j. There does nothing appear to us . Coll. I know nothing of the Law. L. c. j. Then plead not Guilty , that is a ready Plea. Mr. just . jones . You have heard our opinion over and over again . You have as much counsel as is allowed in these cases , for every man is best judge of his own case , what to plead , whether Guilty or not Guilty : You have had as fair play as ever any man had . Mr. Att. Gen. Mr. Colledge has said he knows of no Plea in Law he has , and therefore there is none ; for de non apparentibus , & non existentibus , the reason is the same . L. c. j. In matter of Fact there is no Plea but not Guilty . Coll. The Court are Judges in matter of law , and they are my counsel . Mr. just . jones . And the Court have all of them declared they know of nothing in Law that you have to plead . Coll. Is not counsel to be allowed to one under my circumstances ? L. c. j. If you have any thing for Councel to be assigned upon , you shall have them . Coll. If I am ignorant of that , and cannot propose it , shall I not have the assistance of councel ? Mr. just . jones . No , we have told you the Law plainly , and that which is frequent in practice in like cases , and you must be contented with the same measure . Coll. My Lord , I am ignorant of the law . L. c. j. Then rely upon the Fact , and plead not Guilty . Coll. But if I have a right to any point in law , let me have it . Mr. just . jones . You have a right if you will propose any matter of Law , but we cannot propose it for you . Mr. Att. Gen. Mr. Colledge , no man ought to propose your Plea for you , Ignoruntia juris non excusat . Colledge . Shall my ignorance destroy me , Mr. Attorney ? Mr. Sol. Gen. You have heard the opinion of the Court , you have a right to propose any other Plea that you can your self , but you have no right to ask counsel before you have pleaded . Mr. Serj. Jeff. If Mr. Colledge have such a thing as a Solicitor , I shall crave leave to put that Solicitor in mind of the case of one that was indicted of High-Treason , for soliciting for one that was accused of High-Treason . Mr. Att. Gen. We shall talk of that by and by . L. c. j. The same methods are used in your case , as are in all cases of the like nature , as far as my knowledge reacheth . Colledge . If I have a right to the Law , I must not lose it for my own ignorance of the law ; but if you deny me both my counsel and my papers , you take away the means of my coming to that right , and make me uncapable of making my Defence . Lo. ch . just . You have been told you must plead before you do any thing . Colledge . This is the person , ( pointing to a person by him ) that had the papers . Be pleased to command him that I may have them again : He said he had order to take them from me , and bring them to your Lordship . L. c. j. I know of no use you could have of any papers to plead Guilty or not Guilty . Mr. Sol. Gen. If there be in those papers advice in matters of Law , that you have been told you ought not to have , till the Court has assigned you councel to give you advice . Coll. Then if there be a right in law , and a priviledge which I ought to have , I must lose it by my being ignorant of it , and have no one to advise me about it neither . L. c. j. You may propose it , if you have any , if not you must plead to the Indictment . Mr. Serj. Jeff. My Lord , it has not been usual for us that are of the Kings counsel , to enter into Dialogues with Prisoners at the Bar. The first thing that is to be done in such cases , is for the Prisoner to Plead Guilty , or not Guilty or to offer something to the Court that may be a matter in Law fit to be debated ▪ and this we pray may be done in this case , and that the Prisoner may plead presently , or else we desire your Judgment . Coll. Pray let me have my papers again , my Lord. Lo. ch . just . You go in a circle , and run round from one thing to another , and will receive no answer . We have told you our opinion , and we must tell you , that though you hold long Discourses , yet you will be judged lost and 〈◊〉 if you plead not a legal Plea. Therefore you must plead Guilty , or not Guilty , or offer something that may be a Plea in Law , and then you shall have the assistance of councel , but you must have none till then . Colledge . But shall I not have my papers my Lord ? L. c. j. We know nothing of them . Colledge . Pray my Lord order the man to give them to me , that took them from me . L. ch . just . We will order no such thing . He may be a criminal perhaps that did give them you at first , but when you have pleaded we will hear any motion you will make about them . Coll. It may be I ought to plead that the words were spoke in another place , then the place lay'd in the Indictment . L. c. j. You will not need to plead any such thing , for if there be nothing proved of Treason that you said or did in Oxford-shire you must be found Not guilty . Coll. Here is another thing , my Lord , I am indicted by the name of Colledge Carpenter . L. c. j. What then ? Coll. I am not a carpenter but a joyner , is that any bar to it ? L. c. j. The addition signifies nothing , I do not know any difference betwixt a carpenter and a joyner in Law. Mr. just . jones . They might have indicted you by the name of Labourer and it had been good . Coll. Pray my Lord either give me my papers or assign me counsel , or else I may throw away my life , for I am wholly ignorant of the Law. L. c. j. When you have pleaded we will hear any Motion you will make , and do that which is just upon it : but I see no use you can have of papers to plead Guilty or Not guilty , which is the only question is asked you . Cl. of cr . Are you Guilty , or Not guilty ? Coll. Will you promise me my Lord , there shall no advantage be taken against me , if I do plead so ? L. c. j. We will make no bargains with you . Plead as you ought by Law to do . Coll. If matters of Law arise , shall I have Counsel to speak to them ? Mr. just . jones . Yes you shall , you need not doubt it . Propose any matter now fit to be argued , and you shall have counsel to it . Coll. I am not capable of doing it . I know not when I have any right . Mr. just . Jones . The Court is of councel to you . Coll. If you are my counsel , then have I any Plea in law to make ? Mr. just . Jones . You have heard the Indictment read , what say you ? for you must propose the matter . L. c. j. We know of none but Guilty , or Not Guilty , if you can tell of any do . Coll. I pray I may have my papers again ; if there be no other Plea for me , pray let me have my papers again . Lo. ch . just . You have heard the Opinion of the Court , you must plead . Mr. Att. Gen. Certainly Mr. Colledge , you can't be Guilty of these things , you need not scruple it , to plead Not guilty sure . Coll. My Lord , having been kept a Prisoner , as I have been , without pen , ink or paper , no conversation with my Friends , no knowledge of the Fact , and being ignorant of the Law , not knowing where I have a right , nor when I have a right ; if you do force me upon this Plea , and it cost me my life , at your doors lye it . Mr. just . jones . You will lose your life if you do not plead ; if you plead not Guilty , and are not proved Guilty , you will save your life by this Plea. Colledge . I am willing to plead what the Law requires of me to plead , and if I have a right in Law , I would not lose it . Cl. of Cr. Are you Guilty , or not Guilty ? Colledge . Why then , as they have laid it in that Indictment , in manner and form as 't is there laid , I am not Guilty . Cl. of Cr. Culprit , by whom wilt thou be tryed ? Colledge . By God and my Countrey . Cl. of cr . God send thee a good deliverance . Mr. just . jones . Got Guilty is his Plea. Lo. ch . just . Now he has pleaded , Mr. Attorney , he speaks of some papers , if there be any Memorandums or any thing that must assist him , that is necessary for his defence in his Tryal in those Papers , it will be hard to deny him them . Mr. Att. Gen. If your Lordships please to give me leave ▪ I will give you an account of them . The Messenger just now did deliver these papers to be delivered to the Court. Colledge . Pray speak out , Mr. Attorney , and let me hear . Mr. Att. Gen. When he came to Prison he had none , but Mr. Aaron Smith , the Messenger informed me , did deliver them to him . L. ch . just . Whose hand-writing are the papers in ? Coll. He received them from me in the Tower. Mr. just . jones . You received them from him first . Colledge . No. Mr. Att. Gen. What were the papers you delivered to him in the Tower ? Colledge . The three pieces joyned together that contains directions how to govern my self , there is another of the same purpose which instructs me to demand a copy of the Indictment , and of the pannel of the Jury , and those were instructions to tell me what the Law allows me . Mr. Att. Gen. Here is a Speech made for you that begins thus . Before you plead , speak to this purpose . Pray , my Lord , I desire that may be examined , and Mr. Smith may be called to give an account how he came to give the Prisoner those papers ; for here are abundance of niceties proposed for him to move , and there will be a strange sort of proceedings at this rate , if men go about to espouse the cause of Traytors . Colledge . I am no Traytor , Mr. Attorney . Mr. Att. Gen. You stand indicted of High-Treason . Colledge . That is by a Grand Jury made up that morning , as I am informed . Mr. Att. Gen. Here is a list of the names of several men of the Countrey returned to be of the Jury , and particular marks set upon them , who are good men , and who bad men , and who moderate men . Colledge . Ought I not to have that paper , my Lord ? Mr. Att. Gen. No I hope not . Lo. ch . just . Whether they are material or not material , if we should judge them not material for his defence , yet it will look like an hard point upon the Prisoner , and to deliver them into an hand that they may be carried away or stifled , in case there were a crime in the delivering of them that would not do well on the other side : therefore I would have these papers put into some safe hands , that what may be for the Prisoners use he may not want , and yet they may not be taken away , if there be occasion to use them upon another account . Mr. Att. Gen. But if it please your Lordship , I desire you would enter into Examination of this matter ; for I have an account from London by a special Messenger that there are several persons that go up and down to procure Witnesses against the Kings Evidence , making it a publick Cause ; and here my Lord , another paper which is a List of men as Witnesses picked up together against the Kings Witnesses . Lo. ch . just . He must have that , deliver him that presently . Mr. Attorn . Gen. But my Lord , others have gone about and framed Witnesses for him . L. Ch. Just . You must give him a list of his Witnesses , for I see not what use you can make of it . Mr. Serj. jeff. This no man will oppose sure , if any thing that is delivered to him be fit to be delivered , the person that delivers it must come and own it ; but before any person delivers any papers to the Prisoner , for him to make use of against the Kings Evidence , we desire to know what those papers mean , and who gave them . Lo. Ch. Just . Look you Brother , we will have nothing of heat till the Tryal be over , when that is over if there be any thing that requires our Examination it will be proper for us to enter into the consideration of it . But in the mean while what hurt is there , if the papers be put into some trusty hands , that the Prisoner may make the best use of them he can , and yet they remain ready to be produced upon occasion , if a man be speaking for his Life , though he speak that which is not material , or nothing to the purpose , that will be no harm to permit that . Mr. Serj. jefferies . With submission my Lord , that is assigning him Counsel with a Witness . Mr. Att. Gen. If people are permitted to go up and down and ask counsel of persons and bring it in papers to the Prisoner , 't is the same thing as if Counsel came to him . Here is a busie Solicitor and he gets advice from Councel and then he delivers it to the Prisoner , 't is the first of the kind certainly that ever was allowed ; and if this be not to assign him Counsel , I know not what is . Lo. Ch. Just . What think you of our perusing the papers ? Mr. Att. Gen. With all my heart my Lord. Colledge . If you take away all helps from me , you had as good condemn me without a Tryal . Mr. Att. Gen. You ought not to have helps to plead dilatories . Colledge . Not to help me to my right in Law ? Mr. Att. Gen. We are to go upon the Fact now : And , my Lord , I pray your jugdment about them , when you have perused them . Then the Judges looked upon that paper that was called the Speech . L. c. j. We have read enough of this to suppress it , and to examine it how this came to his hands . Mr. just . jones . Where is Aaron Smith ? Mr. Att. Gen. My Lord , here is another that is worse than that , charging the Justice of the Nation . Pray call Mr. Aaron Smith , and Mr. Henry Starkey . Mr. Smith appeared . Mr. Att. Gen. Mr. Smith , did you deliver these two papers to the Prisoner ? Mr. Smith . Does any body accuse me that I did ? Mr. Att. Gen. You are accused for it . Mr. Smith . I desire proof may be made against me . Mr. Att. Gen. That will be done . L. c. j. Look you we will not interrupt the Tryal with it , Mr. Smith must be taken into safe custody only to secure him , till we can examine it ; not as charged with any crime , but only that he may be forth-coming to be examined . Mr. Att. Gen. You do not make a direct answer Mr. Smith in the case , it will be proved upon you . Mr. Smith . Mr. Attorney , I know not what answer to make better than I have given ; our Law says no man is bound to accuse himself . Mr. Att. Gen. But our Law says , you shall be examined . Mr. Smith . I come to give no Informations here Mr. Attorney : if I did I should be then examined . Mr. Att. Gen. Here are Instructions given to the Prisoner , they say you gave them . Mr. Smith . I desire to have it proved . L. c. j. Mr. Attorney , you will take a Recognizance of Mr. Smith , to be , forth-coming during this Sessions . Mr. Smith . I will not depart my Lord I assure you : And I hope Mr. Attorney will take my word . Mr. Att. Gen. Indeed I will not Mr. Smith , because you have broken it with me already , when I gave you leave to go to the Prison , I did not think you would have abused that kindness , to give him papers . Lo. ch . just . Well take his Recognizance . Mr. Smith . 'T is high time to have a care , when our Lives and Estates , and all are beset here . L. c. j. What do you mean by that Mr. Smith ? Mr. Smith . I said it not , meaning by it the Court , for I dealare Jabhor that Expression to be so interpreted , that I reflected upon the Court. L. c. j. Why do you use such loose Expressions then Mr. Smith ? Mr. Smith . Because I have been threatned since I came to Town , though I have not spoke one word in any publik company since I came . Mr. just . jones . It seems you will reflect here in the face of the Court , and in the face of the Countrey , upon the Government , upon the justice of the Kingdom . Mr. Smith . No , my Lord , I have told you what I meant by it ; I neither reflected upon the Court , nor upon the Government , nor upon the Justice of the Kingdom . Lo. ch . just . You should have done well to have forborn such expressions as those were . Colledge . Shall I not have the use of the papers , my Lord ; will you not please to deliver them back to me , now you have perused them ? Mr. just . jones . One of them is a Speech , and a most seditious , libellous Speech , to spit venom upon the Government in the face of the Countrey . We cannot tell who made it , but it seems to be beyond your capacity , and therefore we must enquire into it : but we do not think fit to let you have the use of that paper . L. ch . just . For that which contains the names of the Witnesses , that you have again : For the other matters , the instructions in point of Law , if they had been written in the first person , in your own name , that we might believe it was your Writing , it would have been something ; but when it is written in the second person , you should do so and so ; by which it appears to be written by another person : It is an ill president to permit such things ; that were to give you councel in an indirect way , which the Law gives you not directly . Coll. If I am ignorant what Questions to ask of the Witnesses , shall not my Friends help me , my Lord ? Lo. Ch. Just . We will sift out the Truth as well as we can , you need not fear it . Coll. Some of those things I took out of the Books my self . And if you are resolved to take away all my helps , I cannot help it , I know not that Mr. Smith wrote one of those papers . Mr. Att. Gen. But Mr. Smith would have given four Guineys it seems , as a Bribe to the Gaoler , and he offered four more to let him have liberty to come to him . Mr. S. jeff. 'T is time indeed for Mr. Smith to have a care . Keeper . It was Mr. Starkey that offered me the four Guineys . Mr. Att. Gen. Pray call Mr. Henry Starkey . ( But he did not appear . ) Then the Court took a Recognizance of 100l . of Mr. Smith to attend the Court durying the Session . Coll. Pray , my Lord , let me have my papers delivered to me , I cannot make my Defence else . Lo. Ch. Just . We are your councel in matter of Fact ; and to give you your papers , were to assign you councel against Law , they being not your own papers , but coming from a third hand . Colledge . Will you please to give me the paper that has the Questions in it , to ask the Witnesses ? L. c. j. There are no papers with any particular Questions to any one Witness , but only instructions how to carry your self in this case . Coll. A great deal of it is my own , my Lord. L. c. j. Mr. Attorney , truly I think that that do's not contain matter of Scandal may be transcribed and given to the Prisoner . Coll. My Lord , I desire I may have that that has in the Margent of its the case of Lilburn and Stafford . Mr. just . jones . You shall not have Instructions to scandalize the Government , all that is necessary for your defence , you shall have . L. c. j. If he had writ it himself I cannot well see how you could take it from him , and truly as 't is , I had rather let him have too much , then too little . Coll. My Lord , I thought I might have had counsel to have assisted me , but if I may have counsel neither before my Plea nor after , I that an ignorant , may be lost by it , but can't help it . L. c. j. If matter of Law arise you shall have counsel in it . Coll. I know not but it might have admitted of an Argument , that which if I had had my papers , I should have offered to you . L. c. j. Mr. Colledge , we shall not go any farther now , I know not how many Witnesses will be produced either of one side or another , but 't is too late to go on this Morning , and because we attend here only upon this occasion , we shall go on with the Tryal at two a clock in the afternoon . Coll. My Lord , you will be pleased to order the papers for me to peruse in the mean time . L. c. j. We have ordered that you shall have a Transcript of the paper of Instructions , leaving out that which is scandalous . Coll. I desire I may have a copy of the whole . Mr. just . jones . No , we do not think fit to do that . Coll. Pray let me know which you do except against . L. c. j. Look you Mr. Attorney , I think we may let him have a Copy of the whole . Mr. Att. Gen. My Lord , before you rise , I desire , you would please to take the Examination of Mr. Gregory , about Mr. Starkey . L. c. j. Sweatr him . ( Which was done . ) Mr. Att. Gen. What do you know concerning Mr. Starkey , and what he did offer you ? Gregory . When they came , by your Lordships permission , to Mr. Colledge , they brought some papers which they delivered to him : And afterwards Mr. Starkey took me aside , and told me it was hard usage that the Prisoner could not have his Councel permitted to come to him . Do him what favour you can , and I shall not be ungrateful ; so he clapped four Guineys in my hand , but I immediately laid them down upon the Table , and would not take them . Mr. Att. Gen. My Lord , I desire you would please to send for Mr. Starkey ? L. c. j. Let him be sent for . Cl. of cr . You must go and take up Mr. Starkey . Messenger . Must I keep him in custody ? I don't know him . Cl. of cr . No , you must order him from the Court to attend here . Mr. just . jones . These papers Colledge shall not be debarr'd of , for his Defence , nor you , Mr. Attorney , from prosecuting upon them . L. c. j. No , we will put them into such hands as shall take care about that . Coll. Very few , my Lord , have appeared to do me any kindness , some have been frightned and imprisoned , others are now in trouble for it . Lo. Ch. Just . Well , you shall have the use of your papers . Coll. May I have any Friends come to see me in the mean time ? L. c. j. They must not come to you in the Prison to give you advice ; but I 'll tell you , since you move it , if my Brothers think it convenient , whilst the Court does withdraw , any body of your Friends may come to you , in the presence of your Keeper . Mr. just . jones . Certainly you cannot think we can give a priviledge to any Friend of yours to commit any Demeanor to offer Bribes to any person . Coll. I know not of any such thing . Mr. just . jones . We do not charge you with it , but Mr. Starkey did . Coll. I have been kept a strict close Prisoner , and if my friends are so kind to me , as to help me in order to my Defence , I hope you will not be against it . Pray , my Lord , let me have my papers . L. c. j. You shall have them , but they shall be put into such hands as the Court may have command over ; they shall be in the Sheriffs Sons hands , and you shall have the immediate use of them . Coll. If there be any thing else in those papers necessary for my Defence , I pray I may have it . L. c. j. The Speech is not fit for you , what other papers would you have ? Coll. Another paper there is , that is something of Law. Mr. Just . Jones . Nothing but libellous , and what is a scandal to the Government . Mr. Att. Gen. You are to have nothing of matter of Law , but what you are to propose your self . Coll. If you take away all my helps , I cannot propose any thing . Mr. Serj. jeff. To allow you those papers , is to allow you councel by a side Wind. L. c. j. Look you , the papers of instructions shall be delivered to the Sheriffs Son , who shall let you peruse it in this interval , and make use of it in your Tryal , but it must be in safe custody , to be used upon further occasion , as the Kings Attorney shall think fit . Then the Court adjourn'd till 2 in the Afternoon . Post meridiem . At 2 a clock the Court returned , and Proclamation was made for attendance , and for the Under-Sheriff to return his Jury . Coll. My Lord , ought not I to have a copy of this Jury ? L. Ch. Just . No , they are to look upon you as they come to be sworn , and then you are to challenge them . Cl. of cr . Stephen Colledge , hold up thy hand , and hearken to the Court ; those good men that you shall hear called , and personally appear , are to pass , &c. Colledge . Pray Sir let the way be clear , that I may see them . Cl. of cr . Ay , Ay. Coll. Pray , Sir , how many are there of the Jury that appear ? Mr. Att. Gen. There are enough . Cl. of cr . Make Proclamation for Information , ( which was done . ) Cl. of cr . Henry Standard , ( who was Sworn , ) Richard Croke , ( who was challenged by the Prisoner , ) William Bigg ( challenged . ) Mr. just . jones . Do you challenge him peremptorily , or with cause ? L. c. j. If he do not shew cause , it must be supposed it is peremptory . Colledge . I suppose he was upon the Grand-Jury . L. c. j. That would be a challenge with cause . Mr. Bigg , No , I was not . Coll. Then I do not challenge him ; I know him not . He was Sworn . Cl. of Cr. Thomas Marsh , challenged . Thomas Martin , did not appear . Gabriel Merry , being almost a hundred years of age , was excused . Robert Bird , Sworn . John Shorter , Sworn . William Windlow , Sworn . Edward Ayres , challenged . William Ayres . challenged . And Richard Ayres , challenged . Charles Hobbs , Sworn . Roger Browne , Sworn . Timothy Doyley , Sworn . Richard Dutton , challenged . Ralph Wallis , Sworn . John Nash , challenged . John Benson , Sworn . John Piercy , Sworn . William We●● , challenged . And John Lawrence , Sworn . Then they were counted , and their Names in Order , thus . Henry Standard William Bigg Robert Bird John Shorter William Windlow Charles Hobbs Roger Browne Timothy Doyley Ralph Wallis John Benson John Piercy John Lawrence L. c. j. Mr. Sheriff , there are a great many of the Jury that are not Sworn , they are discharged , let them go out of the Court , and so you will make room for the Witnesses . Cl. of cr . Gentlemen , you of the Jury , look upon the Prisoner , and hearken to his Charge . He stands Indicted by the name of Stephen Colledge , late of Oxford , in the County of Oxford , Carpenter ; for that he as a false Traytor , &c. proved in the Indictment , mutatis mutandis , and upon this Indictment he hath been Arraigned , &c. Mr. North. May it please your Lordship , and you Gentlemen that are Sworn , this is an Indictment against Stephen Colledge , the Prisoner at the Bar , for an endeavour to raise a Rebellion within this Kingdom wherein he is accused , and the Jury find that he as a false Traytor against the Kings Majesty , contrary to the duty of his Allegiance , on the 10th . of March , in the 33d . year of the Kings Reign , at Oxon. here did trayterously conspire , and compass the death of the King , and the Subversion of the Government , and to raise a Rebellion in the Kingdom , and to slaughter his Majesties Subjects , to put the King to death , to levy War against him ▪ and to deprive him of his Royal State and Government , and to alter the Government at his own Will and Pleasure ; and to accomplish this , he did at Oxon. here prepare Arms for the carrying on the War , and excited one Edward Turbervile and others , to arm themselves against the accomplishment of this Design , and did declare his purpose was to seise the Kings person at Oxon. and that he was one of those that was to do it ; and to bring the said Turbervile and other Subjects to his purpose , did falsly , maliciously , and traiterously declare in their Hearing , that there was no good to be expected from the King , that he minded nothing but the Destruction of his people , and Arbitrary Government , and to introduce Popery . And this is laid to be against the Duty of his Allegiance , against the Kings peace , and against the form of the Statutes in those cases made and provided . The Prisoner you hear upon his Arraignment hath pleaded Not guilty , which Issue you are to try , and if the Evidence for the King , which are ready to be produced , prove that which is laid to his charge , you are to find it accordingly . Mr. Att. Gen. May it please your Lordship , and you Gentlemen of the Jury . The Prisoner at the Bar stands indicted of a very high crime , no less then High Treason , and that too of the deepest dye ; it is for an Endeavour to destroy the King , to subvert the Government , to raise a Rebellion amongst the Kings Subjects . And Gentlemen , those Instances that we shall give you , and produce our Evidence to for the proof of that , are these . He laid his Design to seise the King at Oxon. and he did not want his Accomplices to do it , but they were not men , Gentlemen , that were Protestants , but men that were Rebels in the late War , they were men of such a kidney , that he associated himself with , and these were the persons that were to assist in this Attempt . In order to this he had prepared Arms in an extraordinary manner , Arms of a great value for one of his condition , who is by Trade a Joyner ; for if a true estimate were taken of the value of the Arms ; I believe they were worth twice his whole Estate ; he prepared a good Horse , extraordinary Pistols , a Carbine , a Coat of Maile , an Head-piece , and so being armed Cap-a-pee , with that design he came hither to Oxon. And you will judge whether these be fit Tools for a Joyner . Colledge . I beseech you Sir , have you any body to prove this ? if you have not , you do hurt to the Jury as well as me , to speak it . Lo. Ch. Just . Be patient Mr. Colledge , and let Mr. Attorney go on to open the Charge . I will tell you and the Jury too , that what he says further then he makes good by proof and Witnesses , will serve for nothing . Coll. 'T is hard the Counsel should plead against me , and open things that he can't prove . L. ch . just . I will do you all the right imaginable , and therefore I do tell you again , if they do not prove it , all he says is nothing . Colledge . But I beseech you my Lord , since there hath been such extraordinary means , and methods used to contrive my Death , that the Witnesses may be examined apart , and far from the hearing one of another . Lo. Ch. Just . That we will take care of by and by . Mr. Att. Gen. Mr. Colledge . This shews your temper , you are very inordinate in your way of expressing your self . Colledge . Mr. Attorney , I should not interrupt you , if I were not afraid this was spoken to possess the Jury . Mr. At. G. I hope to prove what I have said , or every word of it shall pass for nothing . Coll. 'T is impossible for all the men on earth to prove it . Mr. Att. Gen. Gentlemen , these were the particulars I was opening to you , in what manner he was armed , and how accoutred he came hither . We shall likewise shew you that he made it his business to perswade others to undertake the Design , and joyn with him , and as if open War were already declared ; he gave out a sign , which was a blue Ribbon , a wrought Ribbon with letters in it , and this was the mark and sign they were to know one another by . This was given out by him frequently ; and that it may not seem an extraordinary thing , Gentlemen , though indeed it was a wild atempt , yet you will cease to wonder when you have heard of the exploit of Venner , who with a few men raised such a commotion soon after the Kings coming in , and the several exploits that have of late in Scotland been carried on by a few discontented persons . So that men of the like Principles , as we shall give you an account of this Gentlemans Principles what they were , may well be thought to ingage in such an extraordinary exploit . And we shall prove what the incouragement was he was to have ; for he boasted of himself , that he should be in a little time a Collonel . Colledge . What , Sir ? Mr. Att. Gen. A Collonel , a great preferment for a Joyner . Colledge . Yes , it was so . Mr. Att. Gen. We shall shew to you that this was not a sudden unpremeditated thing : for we shall prove that he had entertained the horridst malice against the King that ever Subject entertained against his Sovereign : For we shall give this evidence , and his Front will not oppose it , that he had made it his common discourse in Coffee-Houses , and publick Houses , ( and I believe I could bring you 40 and 40 Witnesses to it ) to defame the King , and murder him in his Reputation , and was one of the Complices with Fitz Harris , who lately was executed for that venomous Libel : We shall prove that he justified it , and maintained it to be as true as the Gospel . We shall give evidence that he carried on the same design with that Arch-Traytor who was a Papist ; and I believe if this Gentleman were examined throughly , he would be found to be one of the same Stamp , and acted by the same Principle ; for I think that no Protestant Subject would attempt such things as we shall prove to you . I believe , Gentlemen , you have frequently heard , as none of us but have , that the King hath been traduced as a Designer of Arbitrary Government , and his Reputation blasted maliciously , and falsly , as an Introducer of Popery : Whence comes all this generally , but out of the Popish Quiver , who make it their business to set the Kings good Subjects at variance amongst themselves ; and against their Prince , by styling the King a Papist , as this person hath done ; nay , he hath been so impudent as to report that the King was in the Plot against his own life . We shall prove to you , how here and at other places he hath frequently done this . To go further , we shall produce to you the evidence that he drew the King's Picture , and exposed him in all the reproachful characters imaginable ; and that the Picture might be the better understood , he adds a Ballad to it : And that he may not have the confidence to say this is not true , we shall produce to you a whole bundle of these papers , among those which his Son made a discovery of , when they were sent to his Uncle to be hid , and we shall prove him to be the Author of them ; and yet that this man should have the confidence to say he is a good Subject and a good Protestant , when by all ways imaginable he goes about to ruin the Government , and defame the King ! And Gentlemen when we have given you this account by Witnesses , for I would have you believe me in nothing , but according as I prove it , you will not wonder then that he should say his Life is in danger , ( for so it is indeed . ) And if any man ever was Guilty of High Treason , sure he is , and being Guilty of the greatest Treason , he deserves the severest Punishment . Colledge . Pray Gentlemen of the Jury , take Mr. Attorney at his word , and remember Sir , you desire not to be believed your self , but what you prove . Mr. Ser. Holloway . May it please your Lordship , and Gentlemen , pursuant to what Mr. Attorney hath opened , we will call our Witnesses , and we will begin with Mr. Dugdale , who was a Witness against my Lord Stafford , at his Tryal in Parliament , whose credit Mr. Colledge did attest at that Tryal , asserting him to be an honest good man , and I believe his evidence will go in a great measure thro●●l that Mr. Attorn . hath opened , & when we have done with him , we hope to second him with other Witnesses of as good credit , and that will say as much to the purpose . Then Mr. Dugdale was sworn . Mr. Att. Gen. Mr. Dugdale , look upon the Prisoner , and tell the Court whether you know him . Mr. Dugdale . Yes , I do know him Sir. Mr. Att. Gen. Will you give us an account of your knowledge of him ? Colledge . My Lord , I humbly desire they may be examined apart , and not in the hearing one of another . Mr. Att. Gen. That with submission ought not to be in the Kings Case , though we think there are none of them , that will speak any more then the Truth . Colledge . Here are several of them my Lord , they are all of a gang . Mr. Serj. jefferies . Not of your gang , Mr. Colledge . Colledge . I pray they may go out my Lord. ( Which was done accordingly . ) Mr. Dugd. If your Lordships please , whether or no I may deliver in these papers ? Mr. At. G. By & by , time enough when we ask for them , speak your own knowledg . Mr. Dugd. My Lord , I have been I think acquainted with Mr. Colledge 2 years or thereabouts . I have been several times in Mr. Colledges company , and truly sometimes he hath been mightily bent against Popery ; he hath at sometimes uttered himself , because the King did not prosecute the Papists according as he thought sufficiently , that the King was a Papist himself , that he was as deep in the Plot as any Papist of them all , that he had an Hand in Sir Edmondbury Godfry's Death . This Mr. Colledge I appeal to your self , whether you have not said it : And in this Town of Oxford you have several times told me that nothing was to be expected from him , he would no nothing . Mr. just Levinz . Who did tell you so ? Mr. Dugdale . Mr. Colledge did tell me that there was nothing to be expected from the King , but the introducing of Popery and Arbitrary Government , this I belive Mr. Colledge will acknowledge to be true . Coll. Where was this spoken ? Mr. Dugd. This was spoken at a Coffee-House , called Combe's Coffee-House in this Town , and at the Angel-Inn in this Town at a Barbers Shop ; that day the King went out of Town , we were in the same Shop . Coll. Who was there besides ? Mr. Ser. jeff. Do not interrupt our Witnesses , let us have done with him , and you shall have time to ask him questions after . L. c. j. For your Instruction , I will tell you , your time is not yet come , if you chop in , and interrupt the Witnesses , you will disturb any man living ; but your way is this , when he hath delivered his testimony , ask him any questions then , and he shall be bound to answer you , and in the mean time you shall have pen , ink and paper , to help your memory . Mr. Dugd. That day the King went out of Town , presently after he went , you and I went into the Angel-Inn : and we went into the Barbers-Shop that is just within the Inn , and being charging your Pistols there , you said Rowley was gone , the Rogue was afraid of himself , he was shirked away , and here I appeal to your own conscience , whether you did not speak it ? Coll. I know nothing of it . Mr. Att. Gen. Don't appeal to him , 't is nothing for that . Mt. Sol. Gen. Who did he mean by Rowley ? Mr. Dugd. The King. Mr. Serj. Holloway . Was that his common application for the King ? Mr. Dugd. It was his common word concerning the King. And at other times speaking that the King did not do those things that were fair , he hath given mighty great words against him : He hath told me that there was no trust to be put in him ; for it was the People we must trust to , and we must look to arm our selves , and that he would arm himself , and be here at Oxford , and he told me here in the Town accordingly , when I came out of the Countrey , and he said that he had several stout men that would stand by him in it . Their intention was , as he said , for the rooting out of Popery , by which name he always termed the Church that is now established by Law , as to be of the same nature the Papists were . This I believe Mr. Colledge will acknowledge . Mr. Att. Gen. Well , go on Sir. Mr. Dugd. And at a time when he had Dr. Tongue at his House , he told me , that as for Dr. Tongue , he had much ado with him , and he had been at a great charge to keep him in order , that he was forced to neglect his own business to look after him ; for if he had not done so , the Rogue , as he said , had a mind to fling all upon the Protestants , that is , the Dissenters ; for he does not count the Church of England to be so ; that he had much ado to keep him in order ; for he had said he had drawn Papers to that purpose , but those papers are secured ; for where they are , I can't tell . Mr. Att. Gen. Who were they that were to be with him in that design of his ? Mr. Dugd. He told me Captain Chinton , Captain Browne , and one Dr. Lewes , and he brought them into Town here , when he came with him . Mr. Att. Gen. To what purpose did he bring them ? Mr. Dugd. Expecting there would be a rising . Mr. jones . Did he tell you that here ? Mr. Dugdale . Yes , the Friday , I think it was , after the Parliament first sat . Mr. jones . How did he express himself ? what they had to do . Mr. Dugdale . They were to be here , in case there were any rising , which he expected . Mr. jones . What use did he say he would make of them ? Mr. Dugd. For the defence of the Protestant Religion , against the King and all his Adherents . Mr. jones . What did he say he would do to the King ? I would not lead you . Mr. Dugd. He did not say what particularly . Mr. jones . What did he say if the King did not yield to the Parliament ? Mr. Dugdale . If the King did not yield to the Parliament , he should be forced to it . Mr. jones . Where did you hear him say that ? Mr. Dugdale . At Oxford . Mr. Serj. Holloway . Did you hear him declare this at London ? Mr. Dugd. He did say at London , he expected there would be something done at Oxford , and that he would go thither with his Horse and Arms , and those Gentlemen I named before would go with him . And he said , let them begin when they would , he did not care how soon , his party was the greatest party . Mr. Att. Gen. What was that Capt. Brown ? did you know him ? Mr. Dugd. Yes , I knew him very well ; he did much frequent Mr. Colledge's company ; he was in the late Army against the King. Mr. Serj. Jeff. Did you see him have any Pistols ? Mr. Dugd. Yes , I have seen him carry Pistols about him . Mr. Serj. jeff. Where , in his Pocket ? Mr. Dugd. I saw them in the House . Mr. Serj. jeff. At Oxford ? Mr. Dugd. Yes . Mr. Serj. Hollaway . Did you see them in his hand ? Mr. Dugd. I cannot tell that , he had them in the House , I saw them there . Mr. Serj. Hollaway . Did you see him in his Silk Armour about the Parliament-House , the Lobby , or any place ? Mr. Dugd. I cannot say that . Mr. Att. Gen. What did you know of his delivering any marks or signs for persons to be distinguished by ? Mr. Dugd. I had as much Ribbon from him as came to forty shillings , with no Popery , no Slavery wrought in it ; and he gave it me to distribute among my Friends in the Countrey , that they might be known by other persons that would wear the same . Mr. Jones . Where had you it ? Mr. Dugd. At London , from Mr. Colledge . Mr. jones . Where was it to be distributed ? Mr. Dugd. Among those that I knew to be Dissenters in the Countrey . Mr. jones . Were you to come to Oxford ; by agreement , with mr . Colledge ? Mr. Dugd. I promised him to come to Oxford , and did so . Mr. Attorn . Gen. Well , go on , what more do you know ? Mr. Dugdale . At London I was once at a Coffee-House with Mr. Colledge , and with some of the members of the House of Commons ; it was a little before they met ; and they were earnestly talking of the Parliament at Oxford ; and of some disturbance that was likely to happen here . And it was then fully agreed , and Mr. Colledg was by , that it would be the best way , out of every County , where the Parliament had the best interest in the people , to leave one in every County that might manage the people . This I appeal to Mr. Colledge whether it be true . Colledge . You appeal to me . Shall I speak now , my Lord ? Mr. jones . No , you will remember it by and by . Mr. Att. Gen. What do you know of any Pictures ? Mr. Sol. Gen. Pray let him speak that over again which he mentioned last . Mr. Dugd. Being in a Coffee-House with Mr. Colledge , there were some of the members of the House of Commons by ; and speaking of a disturbance that might happen here at Oxford ; it was then agreed , that in every Quarter where the Parliament had the most interest in the people , they should not all come up , but some remain there to manage the people . Mr. Att. Gen. What do you know of any Pictures or Papers , have you any about you : Mr. Dugdale . Yes , I have one thing I have received from Mr. Colledge , that is , the Letter pretended to be intercepted to Roger L'Estrange . Mr. Att. Gen. Pray , what account did he give you of it ? who made it ? Mr. Dugd. He told me he was the Author of it himself , and he shewed me it in manuscript before it was printed ; and he told me , he got one Curtis or his Wife to print it ; but he would never trust them again , for they cheated him of some of the Gain . Mr. Att. Gen. Who was the Author did he say ? Mr. Dugdale . He himself . Mr. Att. Gen. Pray produce it Sir. Mr. Dugdale . This and others he delivered to me to disperse . Lo. Ch. Just . What is it mr . Attorney ? Mr. Att. Gen. It is a Letter , and a great part of Fitz-Harris's Libel is taken out ; it seems Colledge was the Author , and this is the Original of the Libel . Lo. ch . just . Did he tell you this was of his making ? Mr. Dugd. Yes . Mr. Att. Gen. Did he disperse them to any body else ? Mr. Dugdale . Yes , there were some given to one Mr. Boson , he had some at the same time , and Mr. Baldwin had some . Then the Paper was read . Cl. of cr . First Q. Whether they that talk — Mr. Att. Gen. Pray give my Lord an account what more papers and Libels he delivered to you . Mr. Dugd. I received one like this , I cannot say it was the same , where all the Bishops were changing their Hats for Cardinal Caps . Mr. Serj. jeff. Where is Rary Shew ; for it seems he hath expounded the meaning of that . ( Then it was produced . ) Mr. Serj. jeff. I suppose 't is his own cutting too . Mr. Dugd. I heard Mr. Colledge sing it . Mr. Serj. jeff. Where ? Mr. Dugd. In Oxfordshire , and in Oxford Town , at my Lord Lovelace's . Mr. Serj. jeff. Where at my Lord Lovelace's ? Mr. Dugd. At his House in the Countrey . Mr. Serj. jeff. Who were in the company there ? Mr. Dugd. Sir Robert Clayton , Sir Thomas Player , Mr. Rouse , Mr. Colledge . Mr. Serj. jeff. You say you heard him in Oxford , and in Oxfordshire , and at my Lord Lovelace's , where is that ? L. c. j. My Lord. Lovelace is here himself , and hears what he says . Mr. Dugd. I might mistake the County , but I heard him sing it at Oxford Town , and at my Lord Lovelace's House again . L. c. j. Where is that ? Mr. Dugd. I cannot tell the Town . Mr. Ser. jeff. How came you there ? Mr. Dugd. Sir Thomas Player did invite me thither . Mr. Ser. jeff. Where is it in Oxfordshire ? Mr. Dugd. I cannot tell , 't is four miles from Henly . Mr. Ser. jeff. Was my Lord at home ? Mr. Dugd. Yes , he was . Mr. Ser. jeff. Now for the Cut then ; Did he shew you this Cut ? Mr. Dugd. Yes , he told me he would get it printed . Mr. Ser. jeff. Was it before it was printed then that he sung it ? Mr. Dugd. Yes , it was . Mr. Ser. jeff. Who did he tell you did make it ? Mr. Dugd. He told me he was the Author of this Cut , and he gave me one , and we sang it together presently after it was printed . Mr. Att. Gen. How did he describe it to you , when he shewed it to you ? Mr. Dugd. That which hath the Pack on the back of it , he described to be the King ; those that follow him were Topham , Cooper , Hughs , and Snow ; and that company of men there is the House of Commons . Mr. Ser. Holloway . What was meant by the Pack ? Mr. Dugd. The Parliament and all his Retinue ; and then here is the King in the mire again , according as 't is represented in the Long — Mr. Ser. jeff. Ay , he goes on well . And this here is the Bishops which they thrust into the Pack when they have got him down into the mire , and then they thrust them all away , as it is in the Song , to hoot them away . L. c. j. Did he make this explication to you ? Mr. Dugd. Yes . Mr. Serj. jeff. Who were the All ? Mr. Dugdale . King and Clergy-men and all . Mr. Serj. jefferies . Where was this he explained it ? Mr. Dugd. At London . Mr. Ser. Holloway . Is there any thing relating to White-hall ? what name did he give that ? Mr. Dugd. Yes , he said , Louse-hall was White-hall , because of its poverty . Then the Ballad was read . Cl. of cr . Rarp Shew . To the Tune of , I am a Sensless thing — Mr. Att. Gen. This shews you what sort of man he is . Mr. Serj. jeff. Here you say he explained this with the Pack at the back to be the King ? Mr. Dugd. Yes , he told me so . Mr. Ser. jeff. What did he mean by the two Faces ? Mr. Dugd. That he was half Protestant , and half Papist . Mr. Jones . Did he make any comparison between his own party and the Kings party ? Mr. Dugd. He said they were but an handful to them . Mr. Jones . To whom ? Mr. Dugd. To his party , that was the Dissenters . Mr. Att. Gen. Speak that out . Mr. Dugd. That their party was but a handful to theirs . Mr. Att. Gen. Theirs and theirs , who did he mean ? Mr. Dugd. He meant the Dissenters , for the Church of England he reckoned among the Papists . L. c. j. Tell us the words he said . Mr. Dugd. He said , his party was the true Church of England , and that which is established by Law , were but Protestants in masquerade . Mr. jones . Tell us when he made the comparison , what words he did use , and upon what occasion . Mr. Dugd. When he perceived the King at Oxford would not yield to the House of Commons , he said , Let him begin as soon as he would , he did not care how soon he did begin , for their party ▪ meaning the King and his party , was but an handful to him and his party , calling them the true Protestants , the others were Protestants in masquerade . Mr. Att. Gen. What did he desire you to do , to be assisting in any thing ? Mr. Dugd. He always desired me to be true of that side , he hoped I was , and to get good Arms for my self . Mr. Serj. Holloway . Did he in Oxford desire this of you ? Mr. Dugd. No he did not . Mr. Sol. Gen. For what purpose did he desire you to arm your self ? Mr. Dugd. He said the King had a design on the people to introduce Popery and Arbitrary Government , and he expected every day when they would begin , and the sooner the better , he would be provided for them . Mr. Jones . Was that in Oxford ? Mr. Dugd. He spoke it in Oxford , and in the City too . Mr. Jones . Did he tell you of any that were listed ? Mr. Dugd. He spoke of Capt. Brown , and Capt. Clinton , and Don Lewes , and abundance more he said he had . Mr. jones . Did he tell you he had them here ? Mr. Dugd. Yes , about forty of them were there he said . Mr. Serj. Holloway . Did he tell you of any that were listed , in order to the coming down of the Parliament at Oxford ? Mr. Dugd. Not listed , but were intended to come down ; and at Oxford he told me they were come down . Mr. just . jones . Were you in their company in Oxford here ? Mr. Dugd. Yes , I was . Mr. just . jones . In the company of whom ? name them . Mr. Dugd. Of Capt. Brown , Don Lewes , and several others of that Gang ; I know not their names , but I know their faces . Mr. Sol. Gen. Did he take notice to you that they were come down . Mr. Dugd. Yes . Mr. Sol. Gen. To what purpose ? Mr. Dugd. He expected there would be a rising in Oxford , and to this purpose . Mr. Colledge was one that debated it at Richard's Coffee-House , and it was to be carried from thence to the Kings-Head Club , Whether it were not best to leave a Parliament man in every County ? Mr. Att. Gen. Where was this ? Mr. Dugdale . This was at Richard's Coffee-House in London , against they met here . Mr. Att. Gen. We could give you an account of a volume of these things , abundance of scandalous Pamphlets , both Songs , Libels , and Ballads , that were made by this Gentleman , and all seized in his custody . Mr. jones . But he sung this Libel ? Mr. Attorn . Gen. All these , Gentlemen , ( shewing a great bundle ) were to be dispersed over England . Mr. Serj. Jeff. It was , it seems , expounded and sung by the Prisoner at the Bar ; he gave you the Ballad here at Oxford , you say , Mr. Dugdale . Mr. Dugd. No , I heard him sing it here . Mr. Jones . Pray , Mr. Dugdale , what was the use was to be made of this Ballad ? Mr. Att. Gen. Come , go to the next , we call this Evidence to shew you the malice of the man. Colledge . Pray , my Lord , let me ask some Questions of Mr. Dugdale ? Mr. Ser. jeff. Ay , now let the Prisoner ask his Questions ( to do him right ) before we go to another Witness . Mr. Dugd. My Lord , I have a word or two more about a Libel in manuscript ; that very day the Sheriffs were to be chosen , it was to be printed , and he told me the Printer dust not print it , it was so dangerous . Mr. Serj. jeff. What was it , can you remember any part of it ? Mr. Dugdale . No , but it was the worst I ever heard in my life , against the King and Government . Lo. ch . just . Now ask him what Questions you will. Coll. Pray , when was the first time you gave this Evidence ? Mr. Dugdale . Truly , Mr. Colledge , I don't keep an account of time , I cannot give an account of time . Mr. Att. Gen. As near as you can , tell him . Mr. Dugdale . I cannot tell whether it might be in June , I think it was . Colledge . How long before I was taken ? Mr. Dugdale . It might be about the time you were taken . Colledge . Pray , who did you give it before ? Mr. Dugd. I gave it to Sir Lionel Jenkins . Colledge . Where did you swear these particulars were done then ? Mr. Dugd. What was done in the City , I swore to be done there . Colledge . What City ? Mr. Dugd. London ; the same words were said in the City of London , and over again here . I have repeated , for the most part , only the words you said here , but more was in the City than here . Colledge . Did you swear then , that the words you swear now were spoken at London ? Mr. Dugdale . It may be we might not name Oxford then . Mr. Ser. jeff. He says well ; it might not be named then . Colledge . Then you did give in your Information , that I spoke these words at Oxford ? Mr. Dugd. I was not examined about what was done at Oxford ; but I believe I have heard you speak the same words to me at my Lord Lovelace's , but I do not know what County that is in . Colledge . I ask you positively , whether you did not swear that what you now say was spoken at Oxford , was spoken at London . Mr. Dugd. I did not name Oxford then . Colledge . But did not you say that was done at London , that now you say was done here . Mr. Dugd. Truly , you said them both at London , and here . Colledge . Pray , Mr. Dugdale , what had you to give this your information ? Mr. Dugdale . Truly I can't say I have received the worth of a Groat . Colledge . Nor was ever promised any thing ? Mr. Dugd. No , I never received any thing , nor ever was promised , but only what the King gave me for going down into the Countrey for my charges . Mr. Att. Gen. Was that the same Allowance you had when you were Witness for the Popish Plot ? Mr. Dugd. Yes . Mr. Ser. Jeff. Have you any other Allowance than what you had before , when you gave Evidence at my Lord Stafford's Tryal ? Mr. Dugd. No , nor have got all that yet neither . Coll. But pray observe my question , Mr. Dugdale , and answer it : Did you not swear at London that I spoke these words there , which now you say I spoke here . L. c. j. Pray observe , he says he did not then name Oxford ; but in the giving of his Evidence now , he tells you a series of what passed between London and Oxford ; and I must tell you further , if a Treason be committed , and the Evidence prove it to be in two Countries , the King may choose which County he will prosecute and bring his Indictment in , and give in Evidence the Facts in both Counties . But you shall have your Objection to it afterwards , and we will take it into consideration . I tell you this , that it may not seem to you that the Witnesses speak impertinently of what was done at London ; but if nothing was done or said at Oxford , then it will be taken into consideration , you shall have it saved afterwards , I only him it now , that you may not think it impertinent . Coll. I beseech your Lordship give me leave to speak one word ; When he made his Affidavit before Sir Lionel Jenkins there about seizing the King , about the party I had , and the Arms I had provided , ought not he at the same time to have said where I said those words to him ? but he did swear then it was in London that I said those words to him ; and coming before a Grand Jury of honest Gentlemen in London , they were so wise and honest as to do me Justice , and not find the Bill ; so their design failing there , then they changed it to Oxford . L. c. j. You did not come to your Tryal there , if you had so done , then they would have asked him in particular what was said at Oxford , and what at London , as 't is now , being done in both Counties . But look you , if you will ask any particular questions , do , for they have other Witnesses to produce . Coll. My Lord , I only ask this question , Whether it be not rational to think , that when he swore before Sir Lionel Jenkins , he should not swear the words were spoken , and things done ? Mr. Dugd. He hath said the same words to me at my Lord Lovelace's , as I lay in Bed with him , and this I never mentioned but now in my Evidence . Coll. What words did I say there ? Mr. Dugd. If you must have them repeated , they were about the King. Coll. What were they ? Mr. Dugd. That he was a Papist , and designed Arbitrary Government . Coll. Did I say so to you at my Lord Lovelace's ? Mr. Dugd. Yes , as we lay a Bed. Mr. Sol. Gen. Did you lye together ? Mr. Ser. Jeff. Yes , yes , they were intimates . Colledge . I had not six words with you when you went to Bed ; for you said you were weary , and went asleep presently . Mr. Dugd. I say you said this in the morning ; for we had above an hours discourse when we were a Bed , and all our discourse was about the Parliament and the King. Coll. Where was it I said those words in Oxford ? Mr. Dugd. At Combe's coffe-house was one place . Coll. Was there no body by ? Mr. Dugd. No , but at the Angel-Inn there were several persons standing by . Coll. Surely then some of those heard the words as well as you . Mr. Dugd. It may be so , I am sure many at London have been by , as Mr. Starkey by name , Mr. Boson , Mr. Baldwin ? they have rebuked you for it , and I have rebuked you too . Coll. What words have they and you heard , and rebuked me for ? Mr. Dugd. When you have been railing against the King , and said , That he designed nothing but the introducing of Popery , and Arbitrary Government , and that he was a Papist . Mr. Ser. Jeff. He loves to hear it repeated . Coll. What Arms did you see of mine in this Town ? Mr. Dugd. I saw Pistols ; you had a case of Pistols before you , and you had some Pocket-Pistols . Coll. None but one I borrowed of you , and that you had again ; had I ? pray speak , did you see any more ? Mr. Dugd. It may be there might not , but there were Pocket-Pistols in the room , and you had them in your hand . Colledge . He swore but now that he saw me have Pocket-Pistols , when it was but one , and that was his own . Mr. Serj. Jeff. Heark you now , you talk of Pistols , do you know that he had any Pistols in his Holsters at Oxford . Mr. Dugd. Yes , he had . Coll. Yes , I know that , I don't deny it . Mr. Serj. jeff. I think a Chissel might have been more proper for a Joyner . Coll. You say I was confederated with Capt. Brown , and other men . Mr. Dugd. You have told me that Captain Brown had agood Allowance , and it was pity he had not a better Allowance ; and you would speak he might have a better Allowance , for he was able to do good service when the time came . Colledge . From whom ? Mr. Dugd. Among you . Colledge . Among whom ? Mr. Dugd. You know there were several Gatherings among you that I was not privy to . Colledge . What do I know ? Mr. Sol. Gen. You know mony was gathered many times . Colledge . For what purpose ? Mr. Dugd. You never told me particulars ; it was to distribute some where , I had none of it . L. c. j. He does not say these men were concerned with you , but you said so . Mr. Dugd. You know , Mr. Colledge ▪ there were many Gathering of monies . Coll. Did I tell you there were any Gatherings for Capt. Brown ? Mr. Serj. jeff. He says you told him no particulars ; if you have a mind to ask him any more Questions , do . Coll. Pray , Sir George , don't interrupt me , I am here for my Life . Did I tell you there were any Gatherings for Capt. Brown ? Mr. Dugd. I do not say for him , nor whom you distributed it to ; but you gathered mony one among another , and you have paid mony . Colledge . I have paid mony ! when , and to whom ? Mr. Att. Gen. You will not deny that , you confessed upon your Examination that you gave a Guinny . Coll. Sir , did you see me any more at Oxford , than in the Coffee-House , and at that Inn , when I went out of Town , and was going home with the City-members ? Mr. Dugd. Yes . Coll. Were you in my company any where , but in those two places ? Mr. Dugd. Yes I was with you at the Chequer . Coll. Did you come a purpose to speak with me , or had you any business particularly with me ? Mr. Dugd. Truly , Mr. Colledge , I have forgot whether I had or no , I was in the Room with you there . Colledge . Where is that Room ? Mr. Dugd. I can't tell all the Rooms in that House . Coll. Was it above stairs , or below ? Mr. Dugd. Both above and below , two days I was there with you . Coll. Was there any of this discourse you speak of passed there between us . Mr. Dugd. I know I was with you in those two places I mentioned before ; you called me aside to drink a Glass of mum , and there was none in the Room but us two at that Coffee-House . Coll. Sir , you came to Town but on Friday , I think , it must be Saturday , Sunday or Monday this was , for we stayed no longer in Oxford . Mr. Dugd. Nay , I came to Oxford , either Wednesday night or Thursday morning ; and I saw Mr. Hunt and you together the same day I came . Coll. Did I explain any Pictures to you at London , or owned I was the Author of them ? Mr. Dugd. Yes , upon my Oath , you have explained Pictures to me , and there is one Picture that I have not shewed yet , which you have explained what the meaning was . Mr. Serj. jeff. 'T is your common Trade it seems . Mr. Dugd. You told me you got them done . Clerk reads , A Character of a Popish Successor , &c. Mr. Ser. Holloway . How did he explain it to you ▪ Mr. Dugdale ? Mr. Serj. jeff. I would see what opinion he had of the Church of England ; there are some Church-men , what are they a doing ? Mr. Dugdale . They are a parcel of Tantivy-men riding to Rome ; and here 's the Duke of York , half man , half devil , trumpeting before them . Colledge . You have got somebody to explain these things to you , Mr. Dugdale . Mr. Dugd. You did it , upon my Oath . Colledge . Oh , fie upon you , Mr. Dugdale , consider what you say . Mr. Serj. jefferies . All this you did explain , it seems . Mr. Dugd. And in one place of the other Libel , the King was termed a Rogue , but they put him in by another name . Mr. Ser. jeff. Where is it ? Mr. Dugd. 'T is in Rary-Shew ; In the Manuscript it was , Now , now the Rogue is down . Mr. Ser. jeff. Let me see it , I took notice of it , 't is , Now , now the Gyant is down , here . Coll. I ask you , Sir , Whether the Song which you say was sung at my Lord Lovelace's , and other places , was the same with this ? Mr. Dugd. For the general it is , I can't tell for every word : You sang it half a dozen times there , and the musick plaid to you . Coll. I ask you whether it was the same with this ? Mr. Dugd. I can't tell for every word you sang . Coll. Was there any body by at my explaining of these Pictures ? Mr. Dugd. Mr. Baldwyn was by , and reproved and corrected you , that you would be so open . Coll. Was there any body by at Oxford , when you did hear me talk of Arming my self ? Mr. Dugd. They were walking up and down in the Barbers Shop , and I know not whether they did hear or no. Mr. Att. Gen. Was that Gentleman sworn at my Lord Stafford's Tryal , Mr. Dugdale ? Colledge . Yes , I was sworn there , I acknowledge it . Mr. Att. Gen. Did he swear any thing on your behalf , for your credit , Mr. Dugdale ? Coll. That was by hear-say , Mr. Attorney , at the Tower : I know nothing of my own knowledge ; but I did believe him another man than I find him . Mr. Ser. jeff. No question , or else you would not have trusted him . Mr. Att. Gen. Swear Stevens . ( Which was done . ) Do you give my Lord , and the Jury , an account where you found this precious Ballad . Stevens . The first draught I found in his Bed-chamber . Mr. Ser jeff. What , of all of them ? which is it ? Stevens . The Rary Shew , we found the first draught of it in his House , when we came to search his papers , by order of Council , and the Printer that Printed the Ballad , hath told me since , he had it from him — Mr. Att. Gen. What say you your self ? speak your own knowledge . Stevens . And Mr. Atterbury was by when we searched the House . Mr. Att. Gen. Well , Mr. Atterbury will tell his own story . Stevens . I have seen you on Horseback , with Holsters before you , with some hundreds of men after you , coming out of the Bell-savage Inn ; they said , you were going to choose Parliament-men : I have known you three or four years , you were Joyner to our Hall. Mr. Ser. jeff. We call you to that particular of the papers , and you run out in a story of a Cock and a Bull , and I know not what . Lo. ch . just . Will you ask him any questions ? Coll. No , only this ; Do you swear , upon your Oath , that you found the Original in my House ? Stevens , Yes , Sir , you will see it with my hand to it , and some more of them . Mr. Att. Gen. And you found too those that were printed ? Stevens . Yes , both our names are to them , that were concerned in the searching of them . Mr. Ser. Jeff. You found the paper in the House ? Stevens . Yes . Mr. Ser. Jeff. That is Towzer ; but you have the Original of the Rary Shew ? ( It was looked for , but could not be found . ) Coll. Pray , Gentlemen , observe , he swears that is an Original . Mr. Ser. Jeff. No , no , he found the paper in your House . Coll. I ask about the Original of Rary Shew . Mr. Ser. Jeff. He says he saw a paper drawn with a Pencil that was like the Original . Atterbury . There was an Original drawn with a Pencil , upon Dutch Paper , 't is lost since , for we do not see it here now , which at the same time we found upon Colledge's Table in his Bed-chamber . Coll. Did you find an Original of that in my Chamber ? Atterbury . Yes , we found a paper drawn with Black-lead . Coll. Pray , Where is it ? Atterbury . I did see it , it was drawn in Black-lead , it was upon Dutch-paper , and lay upon the Table in your chamber . Stevens . Sure I am it was taken when we searched the House . Coll. I am sure you could never find the Original of any such thing in my House . Mr. Att. Gen. Then where is Mr. Sewel , ( Who was sworn . ) Sir , did you see that trumpery taken ? Sewell . I had a Warrant to seize Mr. Spur , and his Brother-in-law , Mr. Colledge . So I went down to seize Mr. Spur , and search his House for such papers as I should find . I could not find them in the House ; but I enquired of him , after I had searched , and could not find them where they were ; because I saw him at Mr. Colledge's when we first searched ; he denied them a pretty while , but at last he told me they were in the Hay-mow in the Barn. When I came there , he was balling , and told me his Wife , Colledge's Sister had taken them down , and carried them into a room where I had searched before , but could not find them ; and the man was angry then , so we run after his Wife , and found her with all these papers in a bag . Mr. Att. Gen. Are these the same papers ? Sewell . Yes , and there were two other Cuts ; the man himself is about the place somewhere . Mr. Attorn . Gen. Swear Mr. John Smith . Which was done . Mr. jones . Come , Mr. Smith , do you know Mr. Colledge ? Mr. Smith . Yes . Mr. Ser. jeff. Give us an account what dealings you have had with him , where , and when ; what he hath said about the King ; and tell us first whether you be intimately acquainted ? Mr. Smith . We were intimately acquainted . The first time I heard Mr. Colledge discoursing any thing of this nature , that is , concerning Treason , or any such thing , was once at a Coffee-House by Temple-Bar ; there I met Colledge , and he told me he was invited to Dinner , and he likewise invited me to it . I asked him who provided the Dinner , he told me it was one Alderman VVilcox ; I told him I was a stranger , and did not care for going : He told me I should be very welcome there , and at last prevailed upon me to go : And as I was going along , I asked him what the Alderman was ? He told me he was a man that was as true as steel , and a man that would endeavour to root out Popery : Said I , that may be done easily , if you can but prevail with the King to pass the Bill against the D. of York . No , no , said he , you are mistaken , for Rowley is as great a Papist as the D. of York is ( now he called the King Rowley ) and every way as dangerous to the Protestant Interest , as is too apparent by his Arbitrary Ruling . This was the discourse between the Coffee-House and the Tavern where we went to dine . When we came in , I asked Colledge again , whether the Alderman was there ; he said he was not there at that time : I asked him the second time what kind of man he was , he said he was one that lived in his Countrey-House , and gave freely to several people to buy Arms and Ammunition . And I asked him to what purpose ? and he said it was to bring the King to submission to his people ; adding thereto , that he wondred Old Rowley did not consider how easily his Fathers Head came to the Block , which he doubted not would be the end of Rowley at the last . After this discourse the Alderman came in ; we dined , and every one went his own way about his own business . Mr. Colledge ▪ then told me , if I would go with him to his own House , I should see how he was prepared with Arms and Provision . Soon after I met with him , and he desired me to go along and dine with him ; and I did so , and there he did shew me his Pistols , his Blunderbuss , his great Sword ; and he shewed me his Armour , Back and Breast ; and he shewed me his Head-piece , which , if I am not mistaken , was covered over with Chamlet , it was a very fine thing ; and , said he , These are the things which will destroy the pitiful Guards of Rowley , that are kept up contrary to Law and Justice , to set up Arbitrary Power and Popery . Colledge . What did I say , Sir , about my Armour ? Mr. Smith . Thus you said ; It was to destroy Rowley's Guards ( those were your words ) that were kept up contrary to Law and Justice , to set up Arbitrary Power and Popery . After I had dined with him , I parted with him . A little before the Parliament was to meet at Oxford , I met him again ; and were discoursing of several things , what preparations the City were making , how they were provided with Powder and Bullets ; and for his part , he would go down to Oxford , for he expected a little sport there , upon the divisions that were like to be between the King and Parliament . Then said I to him , why , what is the matter there ? Why , said he , we expect that the King will seize upon some of the members , and we are as ready as he . And , says he , for my part , I will be there , and be one that shall seize him , if he secure any of the members , ( and I believe he did go down ; ) says he , you know how the City is provided : I told him , no , not so well as he ; but he told me all was very well . After he came up again , I met him another time , and he told me , he went down in expectation of some sport ; but Old Rowley was afraid , like his Grand-father Jamy , and so ran away like to beshit himself . Mr. Ser. jeff. Did he say , If he had not ran away , he would have seized him ? Mr. Smith . He said nothing of that , but before , he said , He would be one of them should seize him , if he seized any of the members . After this he told me , that Fitz-Gerald and he had had a quarrel at the Parliament-door of the House of Lords at Oxford ; that Fitz-Gerald had called him Rogue ; and , said he , Fitz-Gerald made my Nose bleed ; but before long , I hope to see a great deal more Blood shed for the cause . After this again , when there was a discourse of disarming the City , that my Lord Feversham was to come to do it , he told me , he was well provided , and if Feversham , or any man , nay Rowley himself should attempt any such thing , he would be the death of him , before any man should seize upon his Arms. Mr. Serj. jeff. Did he discourse any thing to you about Arms to provide your self ? Mr. Smith . Yes , he did , I had an Armour from him . Mr. Ser. jeff. What did he say to you about it ? Mr. Smith . He did desire me to get Arms , for I did not know how soon I might make use of them . I had an Armour from him upon trial ; he said it cost him 30 or 40 s. I had it upon trial , but it was too big for me , so I gave it him back , and bought a new one . Mr. Attorn . Gen. Did he tell you to what purpose you should arm your self ? Mr. Smith . No , he did not name any purpose , but he told me I did not know how soon I might make use of it . Mr. Att. Gen. What did he say to you about any one's seizing the King ? Mr. Smith . He told me the Parliament were agreed to secure the King , and that in order to it , all Parliament-men came very well armed , and accompanied with arms and men ; and he told me of a great man that had notice from all the Gentlemen of England how well they came armed . Mr. jones . What did he say of himself ? Mr. Smith . He would be one that should secure the King , if he seized any of the members . Mr. jones . When he had been there , what did he say ? Mr. Smith . If they had had any work , he was ready provided for them . Mr. Att. Gen. But pray tell us again what he said of the Kings running away ? Mr. Smith . He said Rowley was afraid , like his Grand-father Jumy , and ran away ready to beshit himself . L. c. j. If you have done with him , Mr. Attorney , let the Prisoner ask him what Questions he will. Colledge . Mr. Smith , Where was this discourse I had with you ? Mr. Smith . Which do you mean , the former part or the latter ? Colledge . The first discourse you talk of , what I told you going to Mr. Wilcox's to dinner , and when it was ? Mr. Smith . You know best when it was , I can't exactly remember the time , but you know 't is true . Colledge . Where was it ? Mr. Smith . As we went along thither we had the first part of it , and when we came thither , you and I talked till Alderman Wilcox came in ; and you and I were alone together , and several persons that were there , were drawn into Cabals , two by two . Colledge . Where ? Mr. Smith . In the room where we dined ; and you know there was a little room by , where some were drinking a Glass of Wine . Coll. You say , by two and two the company were drawn into Cabals . Mr. Smith . I tell you most of them were in Cabals , two and two together , only those two Gentlemen that belonged to the Alderman went up and down , and gave Wine . Coll. What Religion are you of ? Mr. Smith . Is it for this man to ask me , my Lord , such a question ? Lo. ch . just . Yes , answer him . Mr. Smith . I am a Protestant . Coll. You were a Priest . Mr. Smith . Yes , what then ? and I am in Orders now . Colledge . That was from the Church of Rome . Mr. Smith . Yes and that is a good Ordination : I came in voluntarily to discover the Popish Plot , and was no Pentioner , nor received any Sallary from the King. I have spent several pounds , several scores of pounds , but received no recompence . And I was the Darling at one time all over the City , when I did adhere to what they would have me to do . Mr. Ser. jeff. Did not you swear against my Lord Stafford ? Mr. Att. Gen. Were not you a Witness , Mr. Smith , at my Lord Stafford's Tryal ? Mr. Smith . In that case I did give a general account of the design of the Papists ; they did not then question my Reputation , and I defie all the World to say any thing against it . Colledge . Pray hear me Sir , if you please ; the first discourse that you speak of about Mr. Wilcox's being a good man for the Cause , and contributing mony , this was when we were at Dinner . Mr. Smith . This was that day when we went to dinner with him , you know it very well . Coll. Where were the other Discourses I had with you ? Mr. Smith . Which part of them ? Colledge . When I came from Oxford . Mr. Smith . By the Ditch side , by your own House ; I have two or three to prove it , we were an hour or two discoursing together about this business . Coll. What business ? L. c. j. He tells you of two Discourses , one before you went to Oxford , and one after you came from thence . Coll. He does say , that I discoursed him about our coming down hither to Oxford , that the Parliament would secure the King , and that I would be one of them that should seize him , and this was at the time when we dined with Alderman Wilcox . L. c. j. Not so , he says after that time , and before you went to Oxford , he had such a discourse with you . Mr. Smith . Yes , my Lord , so it was . Coll. And does he speak of another time when I shewed him the Back , Breast and Arms ? Mr. Smith . Yes . Coll. But he said , I discoursed then , that the City was provided with Arms , and that the Parliament were resolved to bring the King to submission . Mr. Smith . When I was in the House with him , he then said Mr. Wilcox gave Mony to provide Arms : I asked for what ? he said , it was to bring the King to submission to his People ; and then he added , he admired that Rowley did not remeber how easily his Fathers Head came to the Block ; and he doubted not but that would be the end of him too . L. c. j. He spake of several times you know . Coll. I do not know one word of it , nor can distinguish the times : But , Mr. Smith the last discourse you say about Oxford business , was by the Ditch side . Mr. Ser. Jeff. The Discourse about bringing the King to submission , was in the way as you went to dinner . Mr. Smith . The last Discourse when you returned from Oxford , was by the Ditch side ; but both before and after you spake to me at that place about this design of bringing the King to submission . Colledge . You said it was at Wilcox's at Dinner . Mr. Ser. Jeff. You mistook him then . Colledge . Nay , Sir George , you took him not right . Mr. Ser. Jeff. I have taken him right I assure you , and you shall see it by and by . Colledge . He is the falsest man that ever spoke with a tongue . Mr. Att. Gen. Swear Bryan Haynes . ( which was done . Tell my Lord , and the Jury , whether you know this Gentleman , what converse you have had with him , and what discourse he hath had with you . Apply your self to Mr. Colledges business only . Haynes . I suppose he will not deny but that he knows very well ; I have been acquainted with him ever since March last , before the sitting of the Parliament at Oxford . My Lord , there was a Warrant against me for High Treason ; and I made my application to Mr. Colledge , and desired him to go to a certain Person of Honour in England , and ask his advice , whether I might supercede the Warrant by putting in Bayl , and carry the Supercedeas in my pocket : Mr. Colledge told me he would go to this person of Honour , for he would do nothing of his own head ; and he bid me come to him the next day . My Lord , I came to Mr. Colledge the very next day , and I met him at his House , and I asked him what was the result , and what advice he had from that person of Quality ; he bid me be of good chear , that the Parliament would be , and sit at Oxford soon ; that I should not value the King a pin ; for , said he , the King is in a worse condition than you or I ; for you shall see , said he , he shall be called to an account for all his Actions . Mr. Serj. jeff. Who should ? Haynes . The King ; for all the world may see , says he , that he does resolve to bring in Arbitrary Power and Popery : And , said he , unless he will let the Parliament sit at Oxford , since he hath called them together , and put the people to charges in chusing of them , and them in coming down , we will seize him at Oxford , and bring him to the Block , as we did the Logger-head his Father . The Parliament shall sit at Guildhall , and adjust the Grievances of the Subject , and of the Nation . And you shall see , said he , that no King of his Race shall ever reign in England after him . L. c. j. Where was this he said so ? Haynes . At his own House I met him ; and he and I did walk all along from his own House , over the Bridge that is against Bridewel , and so went all along till we came to the Hercules-Pillars , and we had some discourse there ; we went up one pair of stairs and called for Beef ; and all this discourse was in that very place of the Hercules-Pillars . Mr. Serj. Holloway . Do you know any thing of any Arms he had , and for what ? Haynes . But , Sir , said I to Mr. Colledge , how can this be done , 't is a thing impossible . You pretend , you say , to the Duke of Monmouth , that he is a fine Prince , and stands up for the Protestant Interest : Alas , said he , we make an Idol of him to adumbrate our Actions , for fear we should be discovered . Do you think the wise people of England shall ever make a Bastard upon Record King of England : No , said he , for though we praise his Actions , yet we cannot endure him , because he is against his own Father . But , said he , further , unless the King do expel from his Council the Earl of Clarindon , cunning Lory Hide , the Earl of Hallifax , that great Turn-coat Rogue , that was before so much against the Papists , a Rascal , we shall see him hang'd , and all the Tory Counsellors ; except the King do it , we will make England too hot for him . Coll. Who did I say this to , to you ? Haynes . Yes , to me . Coll. Pray , how could this be possible ? Haynes . Yes , you knew my condition ; and I intimated to you at that time , That I was as much for Treason and Villany as you : But then said I to him , how can this be done ? Here you have neither Officers , nor men of experience , nor men of knowledge ; nor you have no Ammunition , Sea-port Towns , nor Ships . And besides , the King , said I , hath a great party in the Land , and the Duke of York likewise ; and for all the men of Estates , and the ancient Gentlemen , they will not be disturbed , and to quit their Ease for a civil War. Oh , says he , you are mistaken , for we have in the City 1500 Barrels of Powder , and we have 100000 men ready at an hours warning ; and we have ordered every thing in a due method against the sitting of the Parliament at Oxford ; and you shall see England the most glorious Nation in the World , when we have cut off that beastly Fellow Rowley ; and speaking of the King , he said , He came of the Race of Buggerers , for his Grandfather , King James , buggered the old Duke of Buckingham ; and he called him Captain , and sometimes the King , and sometimes Rowley . Mr. Ser. Jeff. This was pure Protestant discourse upon my word . Haynes . Then he railed at Judge Pemberton ; and , said he , let him try Fitz-Harris if he dare ; I shall see him go to Tyburn for it , I hope , a Turn-coat Rogue . He was for the Plot whilst he was a puisne Judge , but now he is Chief Justice , he is the greatest Rogue in the world . He is like one of the Pensioners in the long Parliament . So one day I went along with Mrs. Fitz-Harris , and Mr. Ivy , and he sent a man to me , and desired me to come to the Hog in Armor ; thither we came , and met him , and went to his Lodgings , and there we dined . Then they made some persons of Honour believe , that I was a person so and so qualified , and was brim full of the Plot ; and he would put me upon charging the King with the firing of London , and the murder of Sir Edmondbury Godfrey , and said he , such and such Lords shall live and die by you ; and besides , said he , you need not fear , England shall espouse your Cause . But , said I , the Law is like the Spiders Web , that catches the little Flies , but the great Flies run through the Net , and make their escape ; so 't is with these Lords , they put you and me on the danger of acting ; and when they get off by interest , a Jury of Twelve men will hang us by the Neck , and so I should perish , whilst others triumphed , and only be a martyr for the Phanaticks . So in discourse we were talking of the Libel of Fitz-Harris ; The Devil take me , said he , every individual word is as true as God is in Heaven ; and said he , if you do not joyn with Fitz-Harris in his Evidence , and charge the King home , you are the basest fellow in the world , for he makes you slaves and beggars , and would make all the world so ; and 't is a kind of charity to charge him home , that we may be rid of such a Tyrant . Mr. Serj. jeff. Mr. Colledge , if you will ask him any Questions , you may . Coll. Certainly , my Lord , the thing speaks it ; he is not to be talked withal ; Is it probable I should talk to an Irish-man that does not understand sense ? Haynes . 'T is better to be an honest Irish-man than an English Rogue . Mr. Serj. jeff. He does it but to put you into a heat , don't be passionate with him . Haynes . No , I am not , I thank God he hath not put me into an heat . Coll. Where was this discourse about superceding your Warrant ? Haynes . At London . Coll. When ? Haynes . It was before the Parliament sate at Oxon. Coll. How long ? Haynes . I can't tell positively to an hour or a day . Coll. What month as near as you can ? Haynes . It was in the month of March. Coll. Had you ever seen me before ? Haynes . Can you deny that ? Coll. I ask you whether you have or no ? Haynes . Yes , I have seen you in the Coffee-Houses bawling against the Government . L. c. j. Were you an intimate acquaintance of his before March last ? Haynes . No intimate acquaintance . Coll. Then this is the first time you discoursed with me . Haynes . Oh , no , my Lord. One and I fell out at the Queens-Head Tavern at Temple-Bar , and he set me upon the business , and John Macnamarra and others , and truly I did the business for him : For we fell out , and did box , and our Swords were taken from us , and I went to John Macnamarra , and told him , yonder is such a man at such a place , now you may seize upon him . Coll. What man was that ? Haynes . One Richard Ponre . Coll. He belonged to my Lord Tyrone , I think , there were Warrants to take him . Do you say I set you upon that ? Haynes . Yes , you were with me the night before , and Captain Browne , and they gave us a Signal , a blue Ribband to distinguish that we were Protestants from the Bishops men . L. c. j. When were you to make use of it ? Haynes . When the King was seized . Mr. Ser. Jeff. Well , go on , have you any more ? Haynes . But , my Lord , further , after he came from Oxon. I met him , and said I , Where are now all your cracks and brags ? now you see the King hath made a fool of you ; now you know not what you would have done . Says he , what would you have us do ? We have not done with him yet : For , said he , no servant , no man living did know whether he would Dissolve the Parliament that day . I was that very nick of time at the Lobby of the Lords-House , and there was a man came in with a Gown under his arm , and every one looked upon him to be a Taylor , and no body did suspect , no , not his intimatest Friends , except it were Fitz-Gerald , that he would Dissolve the Parliament that day ; but presently he puts on his Robes , and sends away for the House of Commons ; and when he had Dissolved them , before ever the House could get down , he took Coach and went away , otherwise the Parliament had been too hard for him ; for there was never a Parliament-man but had divers armed men to wait on him , and I had my Blunderbuss and my man to wait upon me . But well , said he , there is a God above will rule all . Mr. Att. Gen. Call Mr. Turbervile . Coll. Hold , Sir , I desire to ask him some questions . You say the first time that I saw you , you had this discourse with me . Haynes . Do not use Tautologies , 't is not the first time I have been examined , I know how to speak as well as you . Coll. Answer my Question , Sir. Haynes . You know it was after I had made Affidavit before the Recorder of London , a copy of which was carried to that Noble-man ; And you came from him , and returned me his thanks , and told me it was the best service I could do him . I would not trouble the Court with circumstantial things ; and you cold me I should be gratified not only in my own property , but a reward for me and my heirs for ever . Mr. Att. Gen. For what ? Haynes . I made Affidavit before the Recorder of London . Colledge . About what ? Haynes . Concerning one Fitz-Gerald . Mr. Att. Gen. Is it to this matter ? Haynes . No , nothing at all . L. c. j. Let him ask any questions , what he will. Coll. I ask when it was the first time you were acquainted with me so much , as to know me well ? Haynes . As to the first time of intimacy , here is Macnamarra will take his corporal Oath that I was as well acquainted with him as any one in the World. Coll. Pray answer me , Sir ; When was the first time I talked to you ? Haynes . The first intimate acquaintance we had , was when you put me upon the design about Fitz-Gerald . Colledge . Pray Sir , you go too fast already , as you are still gallopping ; where was this discourse about his Majesty ? Haynes . I told you before . Coll. What was it ? Haynes . I went to you after the Affidavit was made , and told you there was a Warrant out after me , and desired you to go to That Noble-man , and desire his advice what I might do , or whether I might supersede the Warrant . You told me you could do nothing without advice , and you would go and advise with That Noble-man . Colledge . My Lord , here is Mr. Turbervile come in , they will over-hear one another , pray let me have fair play for my life . ( whereupon Turbervile withdrew . ) Lo. ch . just . Can't you answer him ? When was the first time you came acquainted with him ? Mr. Serj. jeff. When was the first discourse you had with him ? Haynes . In April last . Coll. You say it was before the Sitting of the Parliament , and that was in March. Haynes . I meant in March. Colledge . So indeed you said at first . Mr. Ser. jeff. He never did say the day of the Month , nor the Month neither . Mr. Jones . How long was it before the Sitting of the Parliament ? Haynes . Mr. Jones , truely I do not remember precisely how long it was before the sitting of the Parliament , but I am sure it was before . Mr. Ser. Jeff. I did take it that he said it was before the sitting of the Parliament , and now he says , in the month of March. Pray at that time he talked to you , did not he tell you of the sitting of the Parliament , and that they would stand by you . Coll. He hath said it already , you need not direct him , Sir George , he goes fast enough . But you say , Sir , the first time I ever was acquainted with you was in March , then Gentlemen consider whether it be probable that at that time I should discourse to him after this manner . L. c. just . No , I will tell you what he says , He said the first time he was intimately acquainted with you , was in March , he said he had before seen you in Coffee-Houses , and he is sure it was before the sitting of the Parliament ; for he tells you the discourse you had , and by that discourse it appears , it related to a Parliament that was afterwards to sit . And then , to give you a more particular circumstance , he says that you put him upon the making of the Affidavit about Fitz-Gerald , and so you came acquainted . Haynes . Ask Mr. Attorney . My Lord , that day he was taken and carried to Whitehall before the Secretary of State ; He said , I do not know who it should be that should accuse me , I believe it is Ivy ; as for Haynes , he was taken t'other day , he was an honest man. Coll. You say I desired you to make an Affidavit , was it after that or before I had that discourse with you ? Haynes . It was after . For I came and desired you to go to such a person of Quality , and you went to him and advised with him ; and then the next morning such discourse as I told your Lordship and the whole Court of , he told me . Coll. Did I speak these Treasonable words after the Affidavit made ? Haynes . You said I must make such an Affidavit concerning Fitz-Gerald . Colledge . But was this Treasonable discourse before you made the Affidavit , or after ? Haynes . After the Affidavit made you told me this : when I came to his House , and from thence we went to the Hercules-Pillars . Mr. Sol. Gen. Will you ask him any more Questions , Mr. Colledge ? Coll. Did you ever speak with me in your life before Macnamarra did call me out of the Coffe-House to go along with you , where you would discover a Design against my Lord Shaftsbury's Life ? Haynes . I told you I never had any intimate acquaintance with you in my life before , nor did I ever speak with you before . Colledge . When was that discourse , I ask you once again ? Haynes . After the Affidavit made . Colledge . That night ? Haynes . Within a week or thereabouts after the Affidavit made . Mr. Att. Gen. Call Mr. Edward Turbervile . But Mr. Haynes , I would ask you one Question , Did he deliver you any Ribband as a mark of distinction . Haynes . Yes , here it is . ( and it was shewed to the Court. ) Then Mr. Turbervile was sworn . Mr. Ser. Jeff. Pray Mr. Turbervile will you tell my Lord and the Jury what Discourse you had with Mr. Colledge , and where , and when . Turbervile . When the Parliament sat at Oxon. about the middle of the week , I cant be positive in the day , but I think it was in the middle of the week I dined with Mr. Colledge , Captain Brown and Don Lewes Clerk of Derby-House , at the Chequer Inn. After Dinner Don Lewes went out about his own business , and Captain Brown went to sleep ; Mr. Colledge and I fell talking of the Times , and I was observing , I thought the Parliament was not a long lived Parliament . Said he , there is no good to be expected from the King ; for he and all his Family are Papists , and have ever been such , you know it , Sir. Mr. Serj. jeff. Nay don't appeal to him . Turbervile . Said I , the King will offer some thing or other by way of surprize to the Parliament , Said he , I would he would begin ; but if he do not , we will begin with him and seize him ; for there are several brave Fellows about this Town that will secure him till we have those terms that we expect from him . L. c. j. Where was this ? Turbervile . At the Chequer Inn in Oxon. L. c. j. What said he further ? Turbervile . He said he had got a Case of Pistols , and a very good Sword , and a Velvet Cap ; and I can't be positive he had Armour on , but I believe he had . Mr. Att. Gen. Did he tell you he came down for that purpose to seize the King ? Turbervile . Yes , and he gave me a piece of blew Ribband to put upon my Hat , he had a great quantity of it . Mr. Att. Gen. What was that for ? Turbervile . To be a distinction if there should be any disturbance when the thing should be done . Coll. What thing done ? Turbervile . I knew nothing but of your telling me of it . Coll. Where was this ? Turberv . At the Chequer Inn in Oxon. M. Colledge . You talk much and can't remember all you say . Mr. Att. Gen. What did he discourse to you about Arms and an Horse . Turberv . I told him I had never an Horse , and nothing but a Case of Pistols ; he bid me I should not trouble my self , for he would get me an Horse . Coll. What to do ? Turberv . To carry on your design , I know not what it was , but by your words . Mr. Sol. Gen. Tell what he said of it at the Chequer Inn. Turberv . He said there was a Design to seize the King. Mr. Att. Gen. Did he desire you to be one of them . Turberv . He did desire me to be ready to assist . Mr. jones . And how much of that Ribband had he , pray ? Turberv . A very great quantity , 40 or 50 Yards . Mr. Sol. Gen. Pray Mr. Turbervile will you give your Evidence over again , and let Mr. Colledge attend to it . Turberv . When the Parliament sat at Oxon. about the middle of the week , I cannot be positive to a day ; I believe it was either Wednesday or Thursday I dined with Mr. Colledge , Captain Brown , and Don Lewes , who was formerly Clerk of Derby-House . Don Lewes after dinner went out , and Capt. Browne laid him down on the bed , and Mr. Colledge and I fell a talking of the Times , and I told him , I thought this Parliament was no long-lived Parliament . Upon which Colledge told me the King and all his Family were Papists , and there was no good to be expected from him . Then I replyed , the King would perhaps surprize the Parliament , or use some stratagem to bring them to his terms . Said Mr. Colledge again , I would he would begin ; but if he do not , we will secure him till he comes to those terms we would have from him ; for here are several brave Fellows , and many more are coming down that will joyn with it . Mr. Att. Gen. Did he name any one ? Turberv . No indeed , he did not ; he himself had a case of Pistols , a Sword , and I believe he might have his Armour on . Coll. Did I discourse who were to joyn with me ? Turberv . No , Mr. Colledge , you did not name any body to me , but Captain Browne was with you . Mr. Att. Gen. Were you examined in my Lord Staffords Tryal ? Turberv . Yes I was . Mr. Att. Gen. Was this Gentleman sworn to your Reputation there ? Turberv . No , not to mine . Coll. Pray how come we to talk of such things , what occasion was there that I should talk Treason of the King to you , was there any body besides us two there . Turberv . No , Capt. Browne was gone to sleep , and Lewes was gone out . Mr. Att. Gen. It was not at dinner that you talked so , Mr. Colledge , he says . Coll. Had they been at dinner with us there ? Turberv . Yes , and we had a Legg of boyled mutton to dinner . Coll. Did you stay after dinner ? Turberv . Yes , and I lay with you afterwards upon the bed . Coll. I thought you had said Capt. Browne went to sleep there . Turberv . Yes , but he was gone too , when we laid down together . Coll. God forgive you , I can say no more , I never spoke one word of any such discourse in my life . Mr. Att. Gen. Will you ask him any more Questions ? Coll. Mr. Turbervile , when did you give in this Information against me ? Turbervile . I gave it to the Grand Jury . Colledge . Not before ? Turbervile . Yes , I did . Colledge . When was it ? Turbervile . Truly I can't well tell , I believe it was a day or two before I came to Oxon. Coll. Why did you make it then , and not before ? Turbervile . I 'll tell you the occasion . Mr. Dugdale told me the Grand Jury of London would not find the Bill ; I did admire at it extremely ; for I thought every one that conversed with him might be an Evidence against him ; he was always so very lavish against the King and the Government . So then Colonel Warcupp came to me , and took my Depositions , and then I came for Oxford . Colledge . VVhat was the reason you did not discover this Treason before ? Turbervile . There was no reason for it , it was not necessary . Coll. You were not agreed then . Turbervile . There was no agreement in the case , there needs nothing of that I think ; but I am not obliged to give you an account of it . Colledge . God forgive you , Mr. Turbervile . Turberv . And you too , Mr. Colledge . Mr. Att. Gen. Then call Sir VVilliam Jennings . Mr. Serj. jeff. Mr. Attorney , if you please , till he comes , I will acquaint my Lord here is a Gentleman that hath not yet been taken notice of , one Mr. Masters , that is pretty well known to Mr. Colledge ; now he is a man , he must acknowledge , of an undoubted Reputation , and I desire he may give your Lordship and the Jury an account what he knows of the Prisoner ; because he is so curious for English-men , we have brought him an English-man of a very good repute . Colledge . My Lord , I am charged with Treason in this Indictment ; here are a great many things made use of that serve only to amuse the Jury , I can conjecture nothing else they are brought for ; I desire to know whether the Pictures produced are part of the Treason . Lo. ch . just . Stay till the Evidence is given ▪ and we will hear what you can say at large when you come to summ up your Defence . Mr. Ser. jeff. Pray , my Lord , will you be pleased to hear this Gentleman . He will tell you what discourse he hath had with the Prisoner at the Bar. Then Mr. Masters was Sworn . Mr. Masters . Mr. Colledge and I have been acquainted for a great many years ; and we have often discoursed . I have told him of his being so violent as he hath been several times . But a little before the Parliament at Oxon. about Christmass last , after the Parliament at VVestminster , at Mr. Charlton's Shop the Woollen-Draper in Paul's Church-yard , we were discoursing together about the Government , and he was justifying of the late long Parliaments Actions in 40 ; and he said , That Parliament was as good a Parliament as ever was chosen in the Nation . Said I , I wonder how you have the impudence to justify their Proceedings , that raised the Rebellion against the King , and cut off his Head. Said he , they did nothing but what they had just cause for , and the Parliament that sate last at VVestminster was of their opinion , and so you would have seen it . Mr. Ser. jeff. What did he say of the Parliament since ? Mr. Masters . He said the Parliament that sate last at VVestminster was of the same opinion that that Parliament was . Mr. Ser. Jeff. Pray afterwards , what discourse had you about his Colonelship ? Mr. Masters . We were talking at Guild-Hall that day the Common-Council was , the 13th . of May , as near as I remember ; so I came to him , How now , Colonel Colledge , said I , what do you make this bustle for ? You mistook me , and said , Cousin , how long have you and I been Cousins ? nay prithee , said I , 't is not yet come to that , to own Kindred between us , I only called you Colonel in jest ; Marry mock not , said he , I may be one in a little time . Mr. Serj. jeff. Have you any thing to ask Mr. Masters ? you know he is your old acquaintance , you know him well . ( Then Sir William Jennings was Sworn . ) Mr. jones . What is it that you know concerning Mr. Colledge at Oxford , Sir ? Sir VVilliam Jennings . My Lord , the first time that I heard any thing of Mr. Colledge , was , there was some company looking upon a Picture , for I knew him not , nor never had any word of discourse with him in my life , any more then seeing him in a publick Coffee-House . But there was a Picture looking on by 7 or 8 or 10 people , I believe , more or less , and I coming and crowding in my Head amongst the rest , looked upon this Picture . After the crowd was over , Mr. Colledge takes a Picture out of his Pocket ; and , said he , I will give you one of them , if you will. So he gives me a Picture ; which Picture , if I could see , I could tell what it was ; it was written Mac a top , and there were several Figures in it . ( Then the Picture was shewed him . ) This is one of the same that I had of him , and I had not had it long in my custody , but meeting with Justice VVarcupp , I shewed it him , who bid me give it him , and so I did . The next thing I did see Mr. Colledge do , that was in the coffee-house , not the same day , but another time : I saw him bring in a parcel of blue Ribband which was wrought , and these words eight times wrought in it , twice wrought in every quarter of a yard , No Popery , no Slavery . I saw him ●●●l to a member of Parliament , as I took him to be , a yard of that Ribband for 2 s. and truly I was thinking he would ask me to but some too , and I saw that Gentleman ( I took him to be a Parliament-man ) take this Ribband and tye it upon his Sword. As to the other thing I have to say of Mr. Colledge , that very day the Parliament was dissolved he had been in a quarrel , as he told me , with Fitz-Gerald , and I was standing in the School-House yard , and he comes directly to me without my speaking to him or any thing ; but he comes and tells me Fitz-Gerald had spit in his face , and , said he , I spit in his face again ; so we went to loggerheads together , I think that was the word , or Fisty-cuffs . So , said I , Mr. Colledge , your Nose bleeds ; he takes his Handkerchief out of his Pocket and wipes his Nose , and said , I have lost the first Blood in the Cause , but it will not be long before more be lost . L. c. j. Where was this ? Sir William Jennings . In the School-house Yard at Oxon. I never discoursed with him afterwards till I met him in London in Fleet-street one Sunday in the afternoon , and I remember Captain Crescett was along with me . And when he came up to me , How now , said I , honest Joyner ? Says he , you call me honest Joyner , some call me Rogue and Rascal , and I have been beating some of them ; so that I believe they will be aware of it . So I told Captain Crescett I never met this man but he was always in a Quarrel . Colledge . Was it on a Sunday that I told you I had been beating of somebody ? Sir. Will. jenn. You told me so , Captain Crescett was by . Colledge . I remember I met you , but I did not tell you I had been then beating any one . But pray , Sir William , when I met you after the Parliament was Dissolved , and Fitz-Gerald and I had quarrell'd , did I say , That I had lost the first blood in the Cause , but it would not be long e're more were lost . Sir William , you are a Gentleman ; as for the other men , they don't care what they say , nor do I so much regard them ; but you value your Word and Honour . These were my words , and pray will you recollect your self before you be positive in the thing , whether I did not say , I have lost the first blood for the Parliament , ( for it was upon my vindicating of the Commons , and Dr. Oates , whom Fitz-Gerald had abused ; and upon that the Quarrel began ; so I said , when you met me , and told me my Nose bled , I have lost the first blood for the Parliament ) I wish it may be the last . Sir Will. jenn. Mr. Colledge , If you please I will answer you as to that , I do assure you 't is the first time that ever I came upon this occasion in my days , and I have declared it before , and do declare it now , I would rather have served the King in three Engagements , then come in against you , or any man , upon such an occasion . But I declare to you , upon the whole memory of the truth , the words were as I spoke them at first , and no Parliament named or mentioned . And , my Lord , moreover , I will tell you , when I did tell this story , because Mr. Crescett that is here , is able to tell you whether I did not relate the words within half an hour , or a little time after . Now I never had a prejudice against you in my days , nor other concern , but having told Mr. Justice VVarcupp this story , I am brought hither to testifie it . Coll. Sir William , I am sorry you did not better observe and remember my words then . Sir VVill. jenn. I must needs say , I could not imagine what the words meant when they were spoken , nor do I understand them to this day ; but soon after they were spoken , I related them to Justice VVarcupp , he being a Justice of Peace . Mr. Ser. Holloway . Gentlemen , we shall rest here , and conclude our Evidence for the King at present , to hear what the Prisoner says to it , only with my Lords leave I shall explain the words to you that are in the Indictment , and tell you what is meant by compassing and imagining the death of the King. The seizing the person of the King , is in Law a compassing and intending his death ; and so it hath been adjudged in several cases , as in 1 Jacob , my Lord Cobham and my Lord Grey's case , and several other cases ; and so you may fully apprehend what the Charge is , and may understand the words in the Indictment , That if you are not satisfied with the general words of compassing the Kings death , you may know , that the seizing his person extends to it Mr. Ser. jeff. My Lord , we have done with our Evidence , now let him go on with his . L. ch . just . Now , Mr. Colledge , you may say what you will for your defence , and call your Witnesses that you have to produce . Colledge . My Lord , I have heard this Evidence that is against me , and I would desire your Lordship to resolve me some Questions upon it ; I think the Indictment , is for Treasonable practices , for a Conspiracy ; now I desire your Lordship will be pleased that I may know from you , and the Court , whether in all this Evidence given in proof against me , a Conspiracy is proved ; or if any thing appears besides what they say I said ? L. c. j. For a conspiracy in you , if the Witnesses speak truth , there is a plain proof , and of the degrees of it : First of all , by your publishing Libels and Pictures to make the King odious and contemptible in the eyes of the people , and that you should be the Author of some of those Pictures , and they were found in your custody . Colledge . I conceive that is not proved . Lo. ch . just . If the Witnesses say true , it is proved . Colledge . They do not produce that , they do but say it . Lo. ch . just . Mr. Dugdale swears , that at Oxford here , you shew'd him the Picture , you sung the Song here , and expounded it at my Lord Lovelace's , and a great many of them are found in your custody . Then that you prepared Arms , that you shew'd Smith the Arms in your House , and having those Arms , you said you would go to Oxford , and if there should be a disturbance there , you would secure the King. And you did come to Oxford , where you hear what is said ; for I observe , Stephen Dugdale and Edward Turbervile speak of what was done at Oxford . John Smith and Bryan Haynes speak of what you said at London before you went to Oxford , and after you came from Oxford . Now I say , if these Witnesses speak true , 't is a strong Evidence against you , both upon the Statute of the 25 Edw. the 3d. and that of this King too . For my Brother Holloway told you true , That whereas the Imagining the death of the King is High Treason , by the 25 of Edw. the 3d. so a seizing of the King , and an endeavour to do that , is a constructive intention of the death of the King ; for Kings are never Prisoners , but in order to their death . And therefore it hath been held in all times , that by the Statute of Edw. 3d. that was Treason ; but then the Statute of this King , in the 13th . year of his Reign , is more strong ; for there it says , If any man shall by any words , or malicious speaking , shew the imagination of his heart , that he hath any such intention , that is Treason too . Coll. My Lord , the Foundation of this Indictment is said to be laid here in Oxford , as I suppose ; pray , my Lord , here is only Mr. Dugdale and Turbervile that swear against me for what I should say in Oxon. all the rest speak to things said and done at London . Now , my Lord , I desire to know , whether they have proved any Treasonable Practices , Conspiracy or Design against the Government , I would feign know that , whether there be matter here to ground an Indictment upon ; for the one says in one place , the other in the other , which may be distinct matters , and none of them swear Facts against me , but only Words . Mr. just . jones . Yes , providing Arms for your self and offering others Arms. Coll. That I shall make this Answer to , I had only a case of Pistols and a Sword , which every Footman and Horseman had , that came from London , I think . But further my Lord , I would ask your Lordship , whether there ought not to be Witnessesdistinct , to swear words at one and the same time . Mr. just . jones . No , no , the Resolution of the Judges in my Lord Staffords case is contrary . L. ch . just . Look you , it hath been often resolved , that if there be one Witness that proves one Fact which is an Evidence of Treason , and another proves another Fact , that is an Evidence of the same Treason , though they be but single Witnesses to several Facts . yet they are two Witnesses to an Indictment of Treason ; that hath been often publickly resolved , particularly in the case of my Lord Stafford , mentioned by my Brother . And I 'le tell you my Opinion further , if there be one Witness that proves here what you said at Oxford , and another that proves what was said in London , if they be in order to the same Treason , it is sufficient ; for if you do conspire to commit such a Treason in London , and you come with such an imagination in your Heart to Oxford to compleat this Treason , tho your Design was not first formed there , I think 't is enough to maintain an Indictment of Treason , and they are two good Witnesses , though but one speak to what was done at Oxford , but I must tell you , in your case there are two full Witnesses to that which was done at Oxford , besides Sir William Jennings . Colledge . That which Sir William Jennings speaks of , I told you before what it was I said , It was the first Blood that was shed for the Parliament . Mr. just . jones . The Parliament was dissolved before that which Sir William Jennings speaks of , therefore you could not say it was to defend the Parliament . Coll. Mr. Dugdale did say that I spake such and such words in the Barbers Shop in the Angel-Inne ; there I was indeed at the time that he does speak of , and the Barber was by , I do think , indeed it were convenient to have him here ; but I knew not where he would charge me , or what it was he would charge me with , because I never said any thing in my life that was like Treason . L. c. j. Mr. Colledge , call any Witnesses you will. Coll. But , my Lord , pray let me ask you one Question more ; You take these words distinct from any matter of Fact don't you ? L. c. j. No , complicated with the Fact , which was the Overt-Act , the coming to Oxon. with Pistols , to make one if there had been any disturbance , and to seize the King. Colledge . Then , my Lord , I would ask you , whether , any Act of Treason done at London , shall be given in Evidence to prove the Treason for which I am now indicted , and which was given in Evidence before the Grand Jury , upon which the Tryal was there grounded . L. ch . just . Any Act of Treason this is of the same kind . And I 'le tell you , that was resolved in Sir Henry Vanes case ; those that gave you that paper understand it . But I speak now to your capacity , and to satisfie your Question . He was indicted for levying War against the King , he conspired in Westminster , the War was levyed in another County ; the Conspiracy upon the Tryal was proved in the County of Middlesex , and the War in another place , and yet it was held sufficient to maintain the Indictment in the County of Middlesex . Colledge . There was a War really levyed , but God be thanked here is only bare words . Mr. just . jones . Yes , Actions too . Colledge . What Actions , my Lord ? Mr. just . jones . Arming your self and coming to Oxford . Lo. ch . just . Well , I have told you my Opinion ; My Brothers will speak theirs , if they think otherwise . Mr. just . jones . That is not your case neither , though I am of the same opinion with my Lord ; for here are two Witnesses have proved plain matter of Fact at Oxford ; the providing Arms your self , and encouraging others to take Arms — Colledge . They name no persons . Mr. just . jones . You will have my Opinion , and yet you will give me no leave to speak ; I had patience to hear you : You are told there are two Witnesses , Turbervile and Dugdale , that prove your providing and having of Arms at Oxon. and perswading others to take Arms , particularly Turbervile , He told you he had no Arms , or but a case of Pistols , and he had no Horse ; but you told him you would provide him an Horse . And then there are two other Witnesses , Smith and Bryan Haynes , they do not tell you of any thing done at Oxford , but they tell you what you said in their hearing of what you had done in Oxon. and so I think if the Witnesses are to be believed , there is a very full proof against you . Mr. just . Raymond . I am of the same Opinion truly , and I cannot find , but that there is proof enough by two Witnesses , Turbervile and Dugdale , of what was done at Oxford . They swear matter of Fact , not Words only , but Actions also . Coll. No Fact , but that I had Pistols and a Sword , and that I should tell Mr. Turbervile I would provide him an Horse , which is still but Words . Mr. just . Jones . But you shall hear anon for the full conviction of you and all others , the Statute of the 13th . of this King read to you , and you shall there see that such words are made Treason . Coll. But I beseech your Lordship to tell me whether there must not be two Witnesses to the same words at the same time . Mr. just . Jones . No , it was the Resolution of all the Judges in the case of my Lord Stafford in the presence of the Parliament , and the Parliament proceeded upon it . M. Ser. Jeff. In the same Tryal where Mr. Colledge was a Witness . Mr. Att. Gen. All the whole House of Commons prayed Judgement upon my Lord Stafford , pursuant to that Resolution . L. c. j. Come will you call any Witnesses ? Coll. My Lord , I do not question but to prove this one of the Hellishest Conspiracies that ever was upon the face of the Earth , and these the most notorious wicked men , an absolute design to destroy all the Protestants of England , that have had the courage to oppose the Popish Plot. In which no man of my condition hath done more then I have done . I was bred a Protestant , and continued so hitherto , and by the Grace of God I will dye so . If that they had known of these words that I should speak , and such a design that I should have before the Parliament sat at Oxon. and be with me in Oxon. when the Parliament sat , if they had been good Subjects , they ought to have had me apprehended . Turbervile came several times indeed , and dined with me . I did not bid him go out of doors , nor invited him thither ; he was a man I had no disrespect for , nay he was a man I valued , thinking he had done the Nation service against the Papists ; that this man should hear me speak such words against His Majesty , who was then in this Town , and know of such a dangerous design to attempt the seizing of his Person , or that I should discover a great party that were ready to do it , I think there is scarce any man of reason , but will say , if this were really done and spoken by me , neither of them would or ought to have concealed it , but discover it ; none of them has ever charged me with any such thing , they have been in my company since . I never had any correspondence with any of them but Dugdale , then pray consider how improbable it is , that I should talk of such things to Papists , Priests and Irish-men , who have broke their faith with their own party , that faith which they gave under the penalty of Damnation , men that have been concerned in Plots and Treasons , to murder and cut the Throats of Protestants , that I should be such a mad man to trust these people , when I could receive no manner of obligation from them , nor could give any trust to them , they having before broke either Faith ; especially , considering I could lay no such Oaths and Obligations upon them , who was a Protestant ; then 't is the greatest non sense , to believe that I would say these things before persons whom I could never hope would conceal my Treasons , having discovered their own . If they speak truth concerning the general Popish Plot , that could be no obligation upon me to trust them with another ; and they cannot say , that they ever obliged me in any one respect . My Lord , I thank God I have had some acquaintance in the world , and have been concerned with some persons of Honour , Noblemen and Parliament men , that I know are as good Subjects as any His Majesty has ; these never found me a Fool , nor a Rascal , so great a Knave , as to have any such thoughts in my heart , nor so great a mad-man , or so foolish , as to go to discover them to Papists , Priests , and Irish-men , to men of their condition , that were ready to starve for Bread. As for Haynes and Smith , that run so fast through all their Evidence , the first time that ever I set my eyes on Haynes , was in the Coffee-House that he speaks of ; Macnamarra comes in , and desires me to go out with with him , and I should hear the greatest Discovery of a piece of Villany against my Lord of Shaftsbury's Life , that ever I heard many life . This Captain Brown , who is now dead , a man that I had not known but a month before ( for I think it was in March last when this was ) could testifie for me ; For I came to him , Captain , said I , here is a Discovery offered to be made to me , of a Design to take away my Lord Shaftsbury's Life . Macnamarra asks me to go to the Hercules Pillars , I went along with him , and took Captain Brown with us . Afterwards he fell sick in April , and is now dead , so I lost a main Evidence in the case . He was the only man that was by at the time ; God knows my Heart , I speak nothing but the truth , I took him with me , Haynes began to discover to us , that Fitz-Gerald had employed him to fetch over Macnamarra , and if he would come in , and swear against my Lord of Shaftsbury , which was his design , it would not be long e're his Head were taken off , and he said , He had given in a Paper of High Treason against my Lord of Shaftsbury , I asked what it was , He told me , That my Lord should tell Fitz-Gerald that he had a design to bring this Kingdom to a Common Wealth , and to root out the Family of the Stuarts . This he said Fitz-Gerald had given in in a Paper under his own Hand ; and I think he said , He had sworn it , and sent Haynes to fetch Macnamarra to swear agaist my Lord the same things too . I writ down all the Heads of the Discourse which Captain Brown heard as well as I. After he had said it , he desired us to conceal it . Sir , said I , You are a stranger to me , and these are great and strange things that you do tell us , Macnamarra and Browne and Ivy , and others were there , which ( if they were honest men ) they would come and testifie . I thought them honest men , and that they had none of those wicked designs in their Hearts , that now I find they have . So says Haynes , I do not know this man , meaning me ; Macnamarra told him , I was an honest man , he might lay his Life in my hands . After he had spoken all this , he desired us to conceal it ; Said he , I will not only discover this , but a great deal more of their Rogueries that I know very well ; Said I to him again , I will not conceal it , nor do you no wrong , for if this be true my Lord of Shaftsbury shall know it to night ; for where there is a Design to take away a Peer of the Realm , I will not conceal it ; but if it be false , and you have said more then comes to your share , recant it again , and we will take no notice of it , only say you are a Knave for speaking of it ; he swore Dam him it was all true , that and a great deal more , which he said he knew , about seizing and destroying the Parliament at Oxon. about an Army in the North that was to be raised about the time of the sitting of the Parliament at Oxon. of a French Army that was to land in Ireland at the same time , that the D. of York was to be at the Head of them , and the intention was , to destroy all the Protestants . Upon this , I was resolved , if I lived , to come along with the Parliament , and if there was any such Design , I was resolved to live and die with them , but I had no more then common Arms , a Sword and a case of Pistols , and my Cap was a Velvet Cap , and nothing else . My Lord , I had the Honour to be sent for , when the Parliament sat last at Westminster , the Sessions in October , it was an Honourable occasion , and I thank those worthy Gentlemen that sent me for the Honour of it , there I begun to be popular as to my Name , for from that time they began to call me the Protestant Joyner , because the Parliament had intrusted me . My Lord Grey was pleased to send his Footman for me to the Crown Tavern behind the Exchange , where there were several worthy Lords , Peers of the Realm , and one Hundred of the Commons , that had dined there that day , it was the day before they sat ; after they had dined I came to them , and the Duke of Monmouth told me , They had heard a good Report of me , that I was an honest man , that understood Building , and they did confide in me to search under the Parliament House ; they did not really know of any Design , but they would not be secure , there might be some tricks play'd them by the Papists , tho' we are not afraid of them , said the Duke , yet we think fit to employ you to search under the Houses , whether you can find any such practices . So accordingly my Lord , I did go , my Lord Lovelace was one of the Honourable Lords , and my Lord Herbert that went with me , and some of the Gentlemen of the House of Commons ; and those worthy Protestant Lords were pleased to thank me for my Service , and did believe I was active and zealous to find out and discover the bottom of the Popish Plot , so far as it came legally in my way to do it . My Lord , upon this occasion , there was a great kindness from them to me , and I had upon all occasions testimonies of it ; and this very man who now swears Treasons against me ( which God Almighty knows is all false ) did swear in his Affidavit before Sir George Treby the Recorder of London ( I did never see the Affidavit , indeed I was over night at Sir George Treby's , but he was not then at leisure , but he drew it up next day , and swore it ) that there was a Design to destroy the Parliament at Oxon. and there was not only his Oath for it , but it was the general belief , that some Evil was intended them . All men had cause to fear and to suspect , the Papists did bear them no good will ; and making use of their own observations , they were generally armed with a Pistol , or a Sword for themselves , in case they should be attck'd by the Papists . In order to this , I did come down with my Lord Howard , my Lord of Clare , my Lord of Huntington , and my Lord Pagett , those four worthy Protestant Lords ; and it was two days after the Parliament was sat , that we came , and I went out of Town again with my Lord Lovelace , Sir Thomas Player and Sir Robert Clayton ; and I am sure , they were all in so great a fear that London should be surprized and seized on by the Papists , but there was no mortal man that ever heard of the Kings being seized , or thought of it , till these men come and tell me , that I had such a Design , and came hither with that purpose ; but my Lord , I declare as God is my Judge , I would not have it thought I speak it to save my life , were it as certainly a truth , as 't is most wickedly a falshood , that I had had a design to seize the King , I know not of one man who was to stand by me , Parliament man , or other persons whatsoever ; And how is it possible for me to attempt that , being a single person , with only a Sword and a case of Pistols , let any man judge . And I do declare , I know of no conspiracy nor Design , against the King or Government , I never spoke one of the Treasonable Words in my life , that is laid against me , nor had ever any thoughts of any such thing . God that is my Eternal Judge knows , that what I speak is true . L. c. just . Well , Mr. Colledge , will you call your Witnesses , for I must tell the Jury as I did at your request , concerning Mr. Attorney , that as nothing he said , so nothing you say is to be believed upon your own Allegation ; for then no man would ever be guilty , if his own Purgation by words were to be believed . Coll. My Lord , I thank God , I know my own innocency , and hope to prove it . I have a Soul that must live to eternity , either in joy or misery , I act according to those principles , and I hope I have some assurance of my own Salvation when I dye : I would not call God to Witness to a lye , to save 1000 lives . My Lord , this is a villanous conspiracy against me , and if it take place against me , it may go a great way , God knows how far . This is the 17th . or 18th . Sham Plot the Papists have made against the Protestants , to get over their own ; but I hope , my Lord , God Almighty will never suffer it . If they can make me a Traytor , they will try it upon others , and so hope to sham off their own Treasons ; but I say , I hope God Almighty will never suffer it . My Lord , I think the first Witness that swore against me was Mr. Dugdale ; and I must call my Witnesses as I have them here , I know no person of them hardly , and this tht is done for my Defence was done abroad . My Lord , I have been kept close Prisoner in the Tower , and none of them suffered to come to me , whilst the Popish Lords have had the liberty and priviledge to talk with their friends . Here are VVitnesses I hope will prove that those are Suborned men , for Macnamarra did tell me presently after the Parliament broke up at Oxon. and whispered it to me in the Coffee-House ; Said he , there is a design laid to make us retract our Evidence , and go over to Fitz-Gerald . Said I , I suppose they have been at that sport a great while . Ah , said he , they make large offers . Said I , by whom ? Said he , Colonel Warcupp hath been at me , and he tells me — Mr. just . jones . Macnamarra is not produced against you as a Witness at all . Coll. No , but he told me this , that there was such a design ; and , said he , I will get you , and some other honest men ; and he desired me to be by when he had something more to tell which would do his business for him ; but the next news I heard of him was , he was put into Newgate . Lo. ch . just . Call your Witnesses , Mr. Colledge , and prove what you can . Coll. Call Mr. Hickman . Mr. Att. Gen. My Lord , I desire he may observe the same rule he desired about our Witnesses , that he may call but one at a time . Colledge . Yes , yes , I will call them one by one . L. c. j. Are not your Witnesses together ? send to them . Colledge . My Lord , I don't know , I have not seen one since I come . This is not the first time , my Lord , the Papists have designed to take away my life , though it is the first time they go to take it away by a Law. L. c. j. I know not of one Papist that is a Witness against you . Colledge . There is never a man of them , except Sir William Jennings , but what was a Papists . Mr. Att. Gen. What say you to Mr. Masters ? Colledge . Mr. Masters says nothing material , it was only a jocose discourse . Mr. Serj. jeff. It was very pleasant discourse upon my word ; you were as merry as when you were singing of the Rary Shew . Mr. just . jones . What , do you make mirth of the blackest Tragedy that ever was ; that horrid Rebellion , and the Murther of the late King. Colledge . I never justified that Parliament in any such thing that they did contrary to Law. Mr. just . jones . He swears it . Mr. Att. Gen. Hickman does not appear , call another . Coll. Call William Shewin , ( who appeared . ) L. c. j. Look you here , Friend , you are not to be sworn ; but when you speak in a Court of Justice , and in a course of Justice , you must speak as in the presence of God , and only speak what is true . Coll. I would not have any body speak any thing for me but what is truth . L. c. j. Now ask him what you will. Colledge . I don't know the Gentleman . But , pray , Sir , will you tell what you know of these Witnesses . Mr. Shewin . Name any of them that I know , pray , Sir , and I 'll tell you . Colledge . Do you know Bryan Haynes ? Mr. Shewin . I know there is such a man , but I have nothing to say to him . Colledge . Do you know Turbervile ? Mr. Shewin . Yes . Colledge . Pray tell what you know of him . Mr. Shewin . My Lord , I was in Turbervile's company on Thursday night last at the Golden Posts at Charing-Cross , and there I heard him say , that if I were at Oxford I should hear strange things against Colledge , and he would lay ten to one that Mr. Bethel and Mr. Wilmore should be hanged at Christmass , and he would lead him by the Gold-chain along Fleetstreet , and down with his Breeches in the middle of the Coffee-House , with a Band about his neck and a Cloak . Mr. Serj. jefferies . Did he say all these things against Mr. Sheriff Bethel , I assure you he is a bold man. Coll. What do you know of Mr. Smith ? Mr. Shewin . I know him by sight , but I have nothing in particular to say concerning him . I have something to say to Macnamarra , Sir , if he were here . Colledge . Do you know any thing of this conspiracy in general ? Mr. Jones . What , of your conspiracy ? Mr. Shewin . I know that they did lay who should be Hang'd at Candlemass , who at Christmass , and who at several other times . Lo. ch . just . What did you hear Turbervile say ? Mr. Shewin . Those words I spake before about Sheriff Bethel , and about the Amsterdam Coffee-House . Colledge . Did they say what time I should be Hang'd ? for the Discourse ' rose about me . Mr. Shewin . One told me that there was one that did design to be returned upon this Jury , that was resolved to hang him right or wrong . Mr. High Sher. My , Lord , I did hear there was such a one , and I left him out of the Jury . L. ch . just . For Mr. Sheriffs Honour we must take notice of what he hath said . He says he heare of a man that spoke something of that nature , and therefore he left him out of the Jury . Coll. Now 't is possible these Witnesses were at the same sport . Mr. Shewin . Was Mr. Peacock , Mrs. Fitz Harris Maids Father , or she here , either of them Witnesses against you ? Mr. Serj. Jeff. No , they were not , Sir ? Coll. They did swear against me at the finding of the Bill . Mr. Ser. Jeff. We have only called these Witnesses , if you can say any thing against them , do . Coll. Call Henry Hickman , ( who appeared . ) Mr. Serj. Holloway . Where do you live , Sir ? Mr. Hickman . At Holborn-Bridge . Mr. Att. Gen. What Trade are you ? Mr. Hickman . A Cabinet-maker . L. ch . Just . What do you ask him ? Coll. Do you know Haynes ? Hickman . Yes , very well , because he used to come to my House to a Popish Widow that was a Lodger in my House where I live now ; and this person was a Prisoner at Haynes's when he was a Prisoner in the Fleet. I always had a suspicion he was a Priest , not that I could accuse him really of any thing ; but he several times using to come to my House , I thought so of him , and discoursing with my Landlady . Lo. ch . just . Your Tenant you mean ? Mr. Hickman . Yes , my Tenant . I asked her what this Fellow was ; said she , he is a very dangerous Fellow , though he is a Papist , and I am one my self , yet he is a dangerous person , and he does not much care what he swears against any one . Mr. just . jones . This your Tenant told you , what do you know your self ? Mr. Hickman . Another time he came to speak with my Tenant Mrs. Scot , who is now gone into Ireland ; when he came to the House , he asked me , is Mrs. Scot within ? Yes , said I , Mr. Haynes , she is above ; and up he goes , and there they locked the door , and plucked out the Key ; so I slipt off my Shooes , for I thought there might be more danger from such people than I could discover any other way . So I went up stairs , and stood at the door and hearkened , hearing my Landlady talk something to him , he wraps out a great Oath . God dam me ▪ said he , I care not what I swear , nor who I swear against ; for 't is my Trade to get money by swearing . Whereupon , my Lord , I came down as fast as I could , and a little after I saw him go out , and as soon as my Landlady came down , said I , Mrs. Scot , I desire you would provide your self as soon as you can ; I would be civil to you , and I would not put you to a non-pluss , because your Goods by the Law will be seized for not departing according to the Kings Proclamation . So a while ago , since this business of Haynes's swearing against my Lord of Shaftsbury , I bethought my self of some other businesses I had heard . To find out the Knavery , I went to the Fleet , where he hath a very ill character , as well amongst the Papists as the Protestants . Whereupon I asked one Fellow , that was a kind of a Porter , if he knew any thing of him ? Said he , Go you to such an one — Mr. Ser. Jeff. We must not permit this for example sake , to tell what others said . Lo. Ch. Just . Nothing is Evidence but what you know of your own knowledge ; you must not tell what others said . Hickman . This I do say , I heard him say ; and there are those that can produce a Letter — Mr. Serj. jeff. Bring those people , but you must speak nothing but upon your own knowledge . Hickman . I was at the Chamber-door , and looked in at the Key-hole , and he sat down at the Window . Lo. ch . Just . How long ago was it , pray ? Hickman . A year and an half . Mr. Att. Gen. You are an Eves-dropper , I perceive . Hickman . I did not know what danger he might bring men into , because he was a Papist . I have taken an Oath to be true to the King , and I will as long as I live . For this Gentleman , I never beheld him , till last night , in all my days ; though he lived by me , I never saw him . Lo. c. j. Well , call the next . Coll. I never saw this Gentleman ; but you see what Haynes hath declared . Mr. Serj. jeff. This man says he did say so . Colledge . And , for ought I perceive , he does accordingly . Call Elizabeth Oliver : ( Who appeared . ) L. ch . just . Mrs. Oliver , stand up . What do you ask her ? Coll. Do you know Haynes , pray ; Bryan Haynes . ? Mrs. Oliver . Yes . Coll. Pray tell the Court what you know of him . Mrs. Oliver . I know him very well . L. c. j. What do you know of him ? Mrs. Oliver . He writ a Letter in my Fathers name , unknown to my Father . L. c. j. Did you see him write it ? Mrs. Oliver . I saw him write it . L. c. j. Read it . By whom is it subscribed ? Clerk. By no body . L. c. j. Why , how is it written in your Fathers name , when it is not subscribed at all ? Mrs. Oliver . He writ it , as from my Father . Mr. Ser. jeff. Whether did he bring it ? Mrs. Oliver . He sent it into the Countrey . Mr. Ser. Jeff. Can you write and read , Mistress . Mrs. Oliver . Yes . Mr. Serj. Jeff. Who did he send it by ? Mrs. Oliver . The Carrier . Mr. Serj. jeff. When was it dated ? Clerk. In 77. L. c. j. Read the Letter . ( Which was done . ) Clerk Reads . L. c. j. What is all this to the purpose , unless your Father were here to prove it was done without his knowledge . Mrs. Oliver . My Father did not write it . L. c. j. Was your Father in the Fleet then ? Mrs. Oliver . Yes , my Lord , he was a Prisoner then . Coll. Mrs. Oliver , Do you know any thing more of him ? Mrs. Oliver . I have known him a great while , I know him to be a very ill man. Mr. Serj. jeff. Must she tell you all she knows . Mr. Att. Gen. Did you ever know him forswear himself . Mrs. Oliver . No , I do not know that . Lo. ch . just . Come , call another ; this is nothing to the purpose . Coll. Call Mrs. Hall : ( who appeared . ) Pray , do you know Mr. Bryan Haynes . Mrs. Hall. Yes , if I see him I know him very well . Colledge . What do you know of him . Mrs. Hall. He lodged at my House , and came there the day before Fitz-Harris was Tryed , and there was a great discourse about his Tryal , and I was enquiring of him , and I told him I must expose my ignorance , I did not know what it was he was tried for : And , said he , if you please to sit down , I will tell you : Madam Portsmouth came to him , and went upon her knees , and begg'd of him , if he had any kindness for his Majesty , that he would now shew it at this juncture ; and she told him she had heard he had formerly acquaintance with one Mr. Everard abroad , and therefore desired him to go now and renew it , and endeavour to get him over , and , if he could possibly , to get over some others to make a Presbyterian Plot of it . This is true , I very well know it : As for this Gentleman , I never saw his face before ; but those were the words I am sure . L. c. j. What were the words ? Mrs. Hall. That they might make a Presbyterian Plot of it . Coll. Did he say so ? Mrs. Hall. He said that the Dutchess of Portsmouth did so . L. c. j. What a story is this ? Coll. Did not he s●y that the Dutchess of Portsmouth employed him too ? Mrs. Hall. No , this was about Fitz-harris . Coll. VVhat do you know more about Haynes ? Mrs. Hall. One night he had been about some business for me in Law with one Mr. Woodward an Attorney at Law , and when he returned I was busie in the Kitchen with my Maid about the House , and he came up to me ; Madam , said he , this night I had a message from the King ; a Justice of Peace met me , and brought me word that the King had sent into Ireland to enquire into the Loyalty of my Family , and he hath heard that my Father was a Loyal Subject , but he understood strange things of me ; but if I would come in , he would grant me my Pardon . I told him , said he , I did not value his Majesties Pardon a pin , for I had done nothing that might make me stand in need of it ; but I would do any thing that might tend to the preservation of his Majesties Person or Honour ; but to do such base things as are beneath a man , I will never do it ; and he wisper'd me in the ear as the accusing of several persons ; ) and since , he sent me a Letter by his Mother in Law , Mrs. Wingfield , that I should not believe it , if I heard he should accuse any body ; but I might be confident he had not , nor would not accuse any body . Colledge . Was he to swear against the Protestants ? Mrs. Hall. I did not enquire any questions ; but he said , such base things he would never do , as the accusing of several persons . Mr. Att. Gen. Pray Mistress , did you believe him when he told you he was so honest a man ? Mrs. Hall. How do you mean , Sir ? Mr. Att. Gen. When he said he would not do those base things , did you believe him ? Mrs. Hall. I never saw his face before he came there to lodge ; but I saw him to be a man that made little conscience of what he said or swore . Mr. Att. Gen. Did not you find him a bragging man ? Mrs. Hall. I had little discourse , but what he said of himself . But there is one thing more about an Intelligence : When Thompson had written something in his Intelligence concerning Bryan Haynes , he said he would write an Answer to it ; and accordingly he reads it to us : he said , he was going that evening to get it put into one of the Intelligences : the words were to this purpose . Whereas one Nathaniel Thompson had falsely and maliciously accused one Bryan Haynes for speaking Treasonable words ; he the said Bryan Haynes doth declare , that he challenges any man to charge him with it : but he owned he had an hand , or was employed to put the Plot upon the dissenting Protestants . Lo. ch . just . Did he publish that in the Intelligence ? Mrs. Hall. I never read it published ; but he had writ it , and read it to us several times . Mr. Att. Gen. Do you go to Church , Mistress ? Mrs. Hall. I hope I do . M. Ser. Jeff. To what Church ? Colledge . Call Mary Richards , Mrs. Halls maid . ( who stood up . ) L. c. j. What will you ask her ? Colledge . Do you know Bryan Haynes , pray . Richards . Yes , he lodged there where I lived . Colledge . What do you know of him ? Richards . I know he writ that in the Intelligence my Mistress spoke of ; Thompson in his Intelligence , accusing him of having spoken Treason , he read what he said he would put into the Intelligence : That he never spake one word of Treason , and he writ it for his own Vindication ; that whereas Nathaniel Thompson , in his Intelligence of the 18th . of June , had maliciously accused one Bryan Haynes of Treasonable words ; there was no such thing . L. c. j. And that was to vindicate him , that he never did speak any Treasonable words ? Richards . Yes . L. c. j. Will you ask her any thing else ? Colledge . I cannot tell what she says . L. c. j. She says , he writ something that was in answer to Thompsons Intelligence , to vindicate himself , that he never did speak any Treasonable words . Coll. But did you hear him say any thing of these words , that he was employed in a Plot against the Protestants ? Richards . I read that , in what he writ to put in the Intellgence , that he challenged any one to appear , and charge him with Treason ; but , said he , I own that I was employed , or had an hand , in putting the Plot upon the dissenting Protestants : and he telling my Mistress he had a message from the King , offering him his Pardon ; I asked him why he did not accept the Kings Pardon . Alass , said he , you do not understand what I was to do for it ; I was to do such base things so beneath a man , that I will never do them : I had Five Hundred pounds offered me , besides the Kings Pardon , to do such base things as are beneath a man to do . Coll. What were the base things he said he was to do , and would not do ? Richards . I cannot tell , he did not say to me what they were . Mr. Att. Gen. When was this ? Richards . It was a week before he was taken . Mr. Att. Gen. That is two months ago . Coll. It was since the Parliament sat at Oxford : But what was that he was employed to do , did he say ? Richards . Why , he said in his Answer to the Intelligence , he was one that had an hand to put the Plot upon the dissenting Protestants . Coll. Call Mrs. Wingfield ; ( who appeared . ) L. c. j. What is your Christian Name ? Mrs. Wingfield . Mary . L. c. j. What do you ask her ? Colledge . Do you know this Bryan Haynes , pray ? Mrs. Wingfield . Yes , very well . Colledge . What do you know of him ? Mrs. Wingfield . I know nothing of him , but he is an honest man ; he married my Daughter , and always carried himself like a Gentleman , he scorns the thing that is unhandsome , and never did any thing that is unhandsome in my life . Mr. Ser jeff. Pray , how came you by this Witness ? Have you any more of them ? Coll. I never saw her before , but I believe she hath said something else in another place . Did you ever say the contrary , pray ? Mrs. Wingfield . No body can say so ; and I had done the Gentleman a great deal of wrong if I had . Coll. Call Mr. Whaley , ( who appeared . L. c. j. What is your Name , Sir ? Mr. Whaley . John Whaley . Coll. Did you know Bryan Haynes ? Mr. Att. Gen. Where do you dwell , Sir ? Mr. Whaley . At the Hermitage , beyond the Tower. Coll. I don't know you , Sir ; but what do you know of him ? Mr. VVhaley . I never saw you , Sir , till to day ; but that which I think I am called for is this ; though it was upon Sunday that I receiv'd this same Subpoena to come down hither : but about six years ago , Bryan Haynes was a prisoner in the Kings Bench , and he came down to the Cellar which I had taken of the Marshal to sell Drink in ; and coming down to drink in one of the Rooms of the Cellar that belong to me , he took away a tankard , and went up with it . One of the men followed him up ; so I went to the Marshal to complain , and told him of it : and the Marshal took him from the Masters side , and put him into the common side . That is all I know of him any way , directly or indirectly . L. ch . just . Why did you not indict him of it ? Mr. VVhaley . I acquainted the next Justice of the Peace , who was the Marshal ; and he put him from the Masters side into the common side . L. c. j. He was no good Justice of the Peace in the mean time . Coll. Call Mr. John Lun , ( who appeared . ) Do you know Bryan Haynes , Mr. Lun ? Mr. Lun . I have seen him twice : the first time I ever saw him was , I went into the Derby-Ale-House , to enquire for one Miclethwayte , a Kinsman of mine , and there this Bryan Haynes was in a little Room next the Ditch , near the Door that goes out there , as if he were asleep , and he roused himself up ; and , as I was walking there , Sir , said he , will you take part of a Tankard with me : ( That was his expression . ) With that , said I , I do not care if I do . And the first thing he began was the Kings Health , then the Queens , then the Duke of Yorks ; then he fell very foul against the Grand Jury , because they had not found the Bill against Colledge , who is a Gentleman that I never saw before in my life but once , as I know of : and he said , my Lord Shaftsbury was a little Toad , but he would do his business very suddenly . Then he raised upon the Parliament , and said they were a Company of Rogues , they would giue the King no mony , but he would help him to mony enough out of the Phanaticks Estates . And he said , they would damn their Souls to the Devil before the Catholick cause should sink . Mr. Serj. Holloway . When was this ? Mr. Lun . It was three or four days after the Bill was brought in ignoramus by the Grand Jury . Mr. just . jones . Was he alone ? Mr. Lun . Yes , he was . Colledge . Is that all you have to say ? Mr. Lun . One thing more , my Lord. On monday last I was at Uxbridge , and a Gentleman sent his man on purpose to let me know I must go to Colebrook , and stay till they came thither . When I came there , I met Bryan Haynes at the Crown Kitchin-window , and he was stirring a Glass of Brandy , and sweetning it with Sugar . Said he , Sir , will you drink ? Here is the Kings Health to you : So I drank , and I asked him how he did ? Do you know me , Sir , said he . Yes , said I , I drank with you once . Says he , you have a good memory . So then a pint of Sack was called for , and after that another , and then came down Mrs. Peacock ; and being very fine , all in her flower'd Silks , I asked what Gentlewoman that was ? Said he , it is Mrs. Fitz-Harris . No , says I , it is not ; they say she is gone . But , said he , it is her maid ; and Sheriff Bethel is to marry her . As I have a Soul to save , I tell you nothing but what is truth . Thereupon said I , Sheriff Bethel is able to maintain her ; he hath a good Estate . But , said he , it shall be the Kings e're long . Coll. So that here is a plain design against all the eminent Protestants . Mr. Lun . So with that , my Lord , if it please your Honour , I clapped my Groat down at the Bar , and went out of the Room . Nay , said he , let us have one Health more : and so he had his Tankard , and I had mine . Haynes . I humbly desire you to call for Mr. White , the Kings Messenger , who was by . I never saw the man before he was at Uxbridge ; and asking Mr. White who he was , said he , His name is Lun , he was my prisoner two years . L. c. just . What say you to the discourse he talks of at Fleet-bridge ? Haynes . My Lord , I am upon my Oath , and I never saw him in my life before I saw him at Uxbridge . Mr. Lun . I will take the Sacrament upon it , that what I have averred is true . Mr. Ser. Jeff. I suppose you are both known , and then your Credit will be left to the Jury . Mr. Att. Gen. There is Mr. White ; pray , swear him . ( which was done . ) Lo. ch . just . Do you remember that Haynes asked who Mr. Lun was . Mr. White . It was at the Bar of the Crown Inn at Uxbridge , and I being there , Mr. Lun came into the yard , and I knowing Mr. Lun asked him , How he did ; He said he was glad to see me ; and he called for a pint of Sack to make me drink . Haynes stood by , and he asked who he was and I told him ; and we drank the Kings Health ; but for any thing of those words that were spoken there , Sir , I did hear not one word of them , but he thanked me for my civility when I summoned him up to Court , and seeing Mr. Haynes by , he asked who he was ? Mr. Ser. Jeff. And you , take it upon your Oath , that he asked you , who Haynes was ? Mr. White . Yes , I do . Mr. Serj. jeff. Pray did you hear any discourse that time as if there had been a meeting upon Fleet-bridge . Mr. White . Not one word of that ? Mr. Lun . I will take the Sacrament upon it , what I say is true . M. Ser. Jeff. We know you , Mr. Lun ; we only ask questions about you , that the Jury may know you too , as well as we . We remember what once you swore about an Army . Colledge . I don't know him . Mr. Lun . I don't come here to give Evidence of any thing but the truth ; I was never upon my knees before the Parliament for any thing . Mr. Serj. Jeff. Nor I neither for much ; but yet once you were , when you cryed , Scatter them good Lord. Colledge . Call Mr. Broadgate . L. ch . Just . What is your Christian Name , Sir ? Mr. Broadg. Jeremiah . Lo. ch . just . What do you ask him ? Mr. Broadg. My Lord , I am a stranger to the Prisoner at the Bar ; what I have to say , is concerning Mr. Turbervile , whom I met one day , and he asked me how I did ? said he , I owe you a little Money , but I will pay you in a short time ; but if you will go to drink a glass of Ale ; no , said I , I am in haste , and do not care for going to drink ; said he , you shall go ; so away we went , and when we were sat , said he , When did you see Turbervile that was my Lord Powis's Butler ; said he , he was a great Rogue to me , and when I stood up for the Nations good , he vilified my Evidence , and afterwards he came to me with Doctor _____ to beg my pardon ; but I would not forgive him for the whole World : And speaking of the Kings Evidence , said he , the Kings Evidence are looked upon as nothing , as poor inconsiderable mean Fellows , and their Sallaries are lessened ; and , said he , I have had the greatest proffers from Court , of preferment and rewards , if I would go from what I have said , and come upon the contrary ; and he repeated it , Yes , upon the Faith of a man , and from the Highest : But , said he , I have a Soul and a Body ; a Body for a time , but my Soul for eternity , and I cannot go from it . He went over it again ; I might have what I would if I would go from what I have said , and come upon the contrary . Mr. Att. Gen. But he does not go from any thing of what he hath said . Coll. Did he say what he was offered , and by whom ? Mr. Broadg. He said he had very great offers from the Court , if he would disown the Plot , and go upon the contrary . Lo. Ch. Just . But he does not disown it . Mr. just . jones . Nay , he had a Soul to save , and could not go from it . Mr. Ser. jeff. You talk of the contrary , and the contrary ; what did he mean by that , what Plot should he disown ? Mr. Broadg. The Popish Plot. L. c. j. He does not disown it , nor never did disown it . Coll. He would have made a Presbyterian Plot of it now ; for he cannot say I am in the Popish Plot. Sir , do you know any thing more of him , or did he name me , or that he was to swear against me , or any Protestant ? Mr. Broadg. No , only he said the Kings Evidence were vilified , and looked upon as poor inconsiderable Fellows : But it seemed , if he would go on the other side , he might have great preferments and rewards . L. c. j. You make a wrong comment upon it , Mr. Colledge ; it was if he would retract his Evidence , and disown the Plot. Coll. I leave it to your Lordship and the Jury to make the sense of it . Mr. Broadg. I saw Mr. Turbervile since I come hither , and he asked , Are you come , Mr. Broadgate , to give Evidence against me ? says I , I am come to declare the truth , and nothing but the truth . Mr. Ser. jeff. You might have staid at home for any thing material that you do Evidence . Colledge . Call Mr. Zeal , ( who appeared . ) L. ch . just . What is your Christian Name , Sir ? Mr. Zeal . John. L. c. j. What would you ask him ? Mr. Ser. Holloway . Where do you dwell , Sir ? Mr. Zeal . In London . Mr. Ser. jeff. Whereabouts ? Mr. Zeal . In Fetter-Lane . Mr. Ser. Holl. What Countrey-man are you , Sir ? Mr. Zeal . Somersetshire . Mr. Att. Gen. Whereabouts in Somersetshire were you born ? Mr. Zeal . By Sir VVilliam Portmans , within six miles of him . Mr. Ser. Jeff. What Trade , Sir ? Mr. Zeal . No Trade . Mr. Serj. Jeff. Have you any Estate . Mr. Zeal . My Father has . I was bred to wait upon a person of Quality . Colledge . Do you know Turbervile , Sir ? Mr. Zeal . Yes Sir , I do . Coll. VVhat do you know of him ? Mr. Zeal . Sir , I know nothing but what Mr. Ivy told me with his own mouth . L. c. j. Do you know any thing of your own knowledge ? Mr. Att. Gen. Has Mr. Turbervile told you any thing ? Mr. Zeal . Not concerning Mr. Colledge , he has not . Coll. Ivy was amongst them . Mr. Zeal . Yes , my Lord , he was the first that swore this Presbyterian Plot. Coll. Can you say nothing of your own knowledge concerning Turbervile ? Mr. Zeal . Nothing but what Mr. Ivy told me . Mr. Ser. Jeff. That is not of your own knowledge , and so it is nothing , for he is not produced in this cause . Coll. Pray , my Lord , give me leave to call Mr. Ivy. Mr. Ser. Jeff. Do if you will. ( He stood up . ) Coll. VVhat was that you heard Turbervile say of me , or of any Presbyterian Plot ? Ivy. I never heard him say any thing concerning a Presbyterian Plot in my life . Colledge . Did not you tell Zeal of such a thing ? Ivy. No , I never did . Coll. Heark you . Mr. Ivy ; you have sworn against me , have you not ? Ivy. What I have sworn against you , or against any other person , is true . Coll. VVhat have you sworn against me ? Ivy. I am not bound to answer you . Coll. Did not you call me out , with Macnamarra and Haynes , to the Hercules-Pillars ? L. c. j. Look you , Mr. Colledge , I will tell you something for Law ; and to set you right ; whatsoever Witnesses you call , you call them as Witnesses to testifie the truth for you ; and if you ask them any questions , you must take what they have said as truth : therefore you must not think to ask him any question , and afterwards call another Witness to disprove your own Witness . Coll. I ask him , was he the first time with us when I was called out of the Coffee-house to hear Haynes's Discovery ? L. c. j. Let him answer you if he will , but you must not afterwards go to disprove him ? Coll. If he were sworn against me , I would not ask him any questions , for he is among them . Lo. Ch. Just . Ask him what you will. Coll. I desire not if he have sworn against me , for truly I can't expect a good Answer from him ; but he was by when Haynes made his discovery . L. c. j. Will you ask him any questions ? Coll. I ask whether he hath given any Evidence against me any where ? Ivy. I am not bound to answer you . L. c. j. Tell him if you have . Ivy. Yes , my Lord , I have . Colledge . Then I think he is no good Witness for me , when he hath sworn against me . Ivy. I have sworn against him and others . You know that you and I have had a great many Intrigues about this business in hand , and how we dealt with Mr. Haynes . L. c. j. Look you , he does not call you for a Witness for him , you can testifie nothing , and so you must be quiet . Coll. Call Mr. Lewes . ( Who appeared ) L. c. j. What is your Christian Name ? Mr. Lewes . William . Coll. Pray , Mr. Lewes , what do you know about Turbervile ? Mr. Lewes . I know nothing at all , I assure you , of him that is ill . Colledge . Do you know any thing concerning any of the Evidence that hath been given here ? Mr. Lewes . If I knew any thing relating to you , I would declare it ; but I know something of Mr. Ivy ; it has no relation to you , as I conceive , but against my Lord of Shaftsbury . Lo. c. j. You would call Ivy for a Witness , and now you call one against him ; and that I told you you must not do : but Ivy is not at all in this case . Coll. Do you know any thing of the rest of them ; Haynes , or Smith , or Dugdale ? Mr. Lewes . No more than what Mr. Zeal told me was told him . Coll. Do you know any thing of a Presbyterian Plot ? Mr. Lewes . If the Court please to hear me , I will tell my knowledge of that ; but I know nothing that affects him in the least , only that which concerns my Lord of Shaftsbury . L. ch . just . That is nothing to the purpose ; call another . Mr. Lewes . There was not , to my knowledge , a word mentioned of your Name : I will do you all the justice I can ; if I knew any thing concerning you , I would be sure to relate it . Coll. I cannot say who can , or who cannot : I am a stranger to all of it . Lo. ch . Just . Well , call your next Witness . Coll. My Lord , There was a Petition presented to the Common Council of London , wherein they set out , that they were tamper'd withal about a Plot against the Protestants . Lo. c. j. A Petition from whom ? Coll. I cannot tell from whom ; from some of these witnesses . L. c. j. Who preferred and signed it ? Coll. Mr. Turbervile was one . Pray call Dr. Oates . L. c. j. The Prisoner calls upon you , Mr. Oates . What would you ask him , Mr. Colledge ? Coll. VVhere is the Petition to the Common Council , Doctor ? Dr. Oates . I have it here in my hand . Lo. ch . just . By whom was it presented ? Dr. Oates . It was given by Mr. Turbervile and Mr. Macnamarra , to Mr. VVilmoe . Lo. ch . just . Was you by when it was delivered ? Dr. Oates . Mr. VVilmore did deliver it to me before he was apprehended ; for , being to come down as a Witness , he was taken up , and committed to prison . Lo. ch . just . Whose hands are to it ? Dr. Oates . I know Mr. Turbervile's hand , he will not disown it . Clerk , Reads . It is subscribed Edward Turbervile , John Macnamarra . L. c. j. Look you , Mr. Colledge ; what word is there in all this Petition that , is a contradiction to what they have said now ? Colledge . I did not hear it , my Lord. Lo. ch . just . They say they are constant Witnesses for the King , against the Papists ; and they have been tempted to unsay what they have said : How does that contradict what they say now ? Coll. I suppose they say they have been tempted to turn the Plot upon other people , and to make a Plot upon the Protestants . L. c. j. They have been tempted , they say , by the Papists , to unsay what they have said ; but the Jury have heard it read , and will give it its due weight . Will you ask Mr. Oates any questions ? Colledge . What do you know of Mr. Turbervile ? Dr. Oates . As to Turbervile , my Lord , a little before the Witnesses were sworn at the Old-Bailey , I met with Mr. Tubervile : I was in a Coach , but seeing Mr. Turbervile , I stept out of the Coach , and spoke with him ; for , hearing that he was a Witness , I did ask him whether he was a Witness or no against Colledge ? Mr. Turbervile said , He would break any one's Head that should say so against him ; for he neither was a Witness , nor could give any Evidence against him . So after he came from Oxon. I met with Mr. Turbervile again ; and , hearing he had been there , I asked him if he had sworn any thing against Colledge ? He said , yes , he had been sworn before the Grand Jury . Said I , did not you tell me so and so ? Why , said he , the Protestant Citizens have deserted us ; and God dam him , he would not starve . Lo. c. j. Would he say so to you ? Dr. Oates . Yes , my Lord , He said those very words . Mr. Serj. jeff. 'T is Mr. Oates saying , 't is Mr. Turbervile's Oath . Dr. Oates . Several times he did repeat it ; but when I asked him what he had sworn , He said I am not bound to satisfie peoples curiosities . L. c. j. What say you to it , Mr. Turbervile ? Mr. Turbervile . My Lord , the first part of the Doctor 's discourse , in part is true ; I met him just at my Lodgings , and the Doctor alighted out of his Coach , and spoke to me , and invited me to come to my old Friends ; for he told me they had some jeajousie that I was not true to them : and he told me , if I would come to the King's-Head Club , I should be received with a great deal of kindness ; and never afterwards did I speak with the Doctor a tittle about any Evidence . L. ch . Just . He says , you said you would break any one's Head , that said you were an Evidence against Colledge ; for you were not , nor could be . Mr. Turbervile . There was no such thing said by me . Mr. Att. Gen. Upon your Oath , did you tell him so ? Mr. Turberv . Upon my Oath , I did not . Mr. Serj. jeff. Did you tell him that other passage , when you swore you would not starve ? Mr. Turbervile . No , I did not . Dr. Oates . Upon the word of a Priest , what I say is true . My Lord , I do say , as I am a Minister , I speak it sincerely , in the presence of God , this Gentleman did say these words to me , which made me afraid of the man , and I went my ways , and never spake with him afterwards , nor durst I ; for I thought he that would swear and curse after that rate , was not fit to be talked with . L. c. j. 'T is very improbable that he should say so to you . Mr. Turbervile . I always looked upon Dr. Oates as a very ill man , and never would converse much with him . L. c. j. Will you ask him any thing more ? Coll. Do you know any thing of the rest , Doctor ? Dr. Oates . I know nothing of Turbervile further , but that he did present this Petition , wherein he says , he lay under great temptations to go on the other side , and accuse some Protestants . And truly till I heard he was an Evidence at Oxon. after what he had said to me , I did not believe it . Mr. Att. Gen. Doctor Oates , Mr. Turbervile hath not changed Sides , you have ; he is still an Evidence for the King , you are against him . Dr. Oates . Mr. Attorney , I am a Witness for truth , against falshood and subornation ; and it can plainly be made to appear there is subornation against the Protestants . And moreover , my Lord , — L. c. j. Mr. Oates , you would do well to explain your self . Mr. Serj. Jeff. If there be any subornation relating to Mr. Turbervile , or any of the other Witnesses that have now sworn against Colledge , make it out , Doctor . Dr. Oates . There is , my Lord , and there will be made further to appear in time to come . To my own knowledge as to Mr. Smith , Mr. Colledge and Mr. Smith had some provoking words passed betwixt them at Richard's Coffee-House , and Mr. Smith comes out and swears , God dam him , he would have Colledge 's blood . So , my Lord , when I met him ; said I , Mr. Smith , you profess your self to be a Priest , and have stood at the Altar ; and now you intend to take upon you the Ministry of the Church of England , and these words do not become a Minister of the Gospel ; his reply was , God dam the Gospel ; this is truth , I speak it in the presence of God and man. L. c. j. Can you say any thing of any of the other Witnesses . Dr. Oates . As for Mr. Dugdale , I was ingaged for him for 50 l. for last Lent Assizes , he wanted money to go down to the Assizes , having paid some debts , and paid away all his money ; and so I engaged for 50 l. that he borrowed of Richard the Coffee-man . After he came from Oxon. I called upon him to hasten to get his money of the Lords in the Treasury ; which , as near as I remember , was ordered him upon his Petition , for so I heard . And at that time , said he , Sir , I hear there is a great noise of my being an Evidence ; against whom , said I , against several Protestants , my Lord Shaftsbury , and others , said I : I never heard any thing of it ; says he , there is no body hath any cause to make any such report of me ; for I call God to witness , I know nothing against any Protestant in England . After that I met with Dugdale at Richard's Coffee-house , and pressing him for the money , and he saying he had it not just then , but would pay it in a little time : Mr. Dugdale , said I , you have gone , I am afraid , against your conscience ; I am sure against what you have declared to me ; said he , it was all long of Colonel Warcupp , for I could get no money else . Mr. Att. Gen. Mr. Oates is a thorough-pac'd Witness against all the King's Evidence . Mr. Ser. Jeff. And yet Dr. Oates had been alone in some matters , had it not been for some of these Witnesses . Dr. Oates . I had been alone perhaps , and perhaps not ; but yet , Mr. Serjeant , I had always a better Reputation than to need theirs to strengthen it . Mr. Ser. jeff. Does any man speak of your Reputation ; I know no body does meddle with it , but you are so tender . Colledge . Sir George , Now a man is upon his life , I think you do not do well to affront his Witnesses . Mr. Serj. jeff. I do not affront him ; but now , my Lord , pray give us leave to call our Witnesses . Mr. Smith , pray stand up . L. c. j. Mr. Smith , do you hear what Mr. Oates hath said ? Mr. Smith . No , my Lord. L. c. j. Then speak it again , Mr. Oates . Dr. Oates . Yes , my Lord , I will speak it to his face . He said , coming out of Richard's Coffee-house , they having had some provoking words , as I understood when I come in , God dam that Colledge , I will have his blood ; and , my Lord , when I did reprove him , and said to him , Mr. Smith , you have been a Priest , and stood at the Altar , and intend to be a Minister of the Church of England , these words do not become a Minister of the Gospel ; and he replied , God dam the Gospel ; and away he went. L. ch . just . What say you to it , Mr. Smith ? Mr. Smith . Not one word of this is true , upon my Oath . 'T is a wonderful thing you should say this of me ; but I will sufficiently prove it against you , that you have confounded the Gospel , and denied the Divinity too . Mr. Serj. jeff. Mr. Dugdale , you heard what was said against you . Dr. Oates . My Lord , now Dugdale is come I will tell you something more . There was a Report given out by Mr. Dugdale's means , that Mr. Dugdale was poysoned ; and in truth , my Lord , it was but the Pox. And this Sham passed throughout the Kingdom in our Intelligencies ; and this I will make appear by the Physician that cured him . Mr. Ser. Jeff. That is but by a third Hand . Dr. Oates . He did confess that he had an old Clap , and yet he gave out he was poysened ; but now , my Lord , as to what I said before of him , I was engaged for 50 l. for Mr. Dugdale , do you own that ? Mr. Dugdale , I do own it . Dr. Oates . I did press upon you to hasten the payment of it . Mr. Dugdale . Yes , you did . Dr. Oates . And did not you come to me and tell me , there was a noise of your being an Evidence , it was in time just before my Lord Shaftsbury was taken up . Mr. Dugdale . I never spoke to you till you spake to me . Dr. Oates . My Lord , He came , and said to me . There is a noise of my being an Evidence ; now I had not heard it then ; but the day after I did hear it , and I did justifie Mr. Dugdale . because he had said to me that he had nothing against any Protestant in England . So I did stand up in vindication of him ; but , my Lord , after he had sworn at the Old Baily I met him again , and pressed him for the money , and urged him with it , why he had sworn against Colledge , when he had told me so and so before , and he said it was all long of Colonel Warcup ; for he could not get his money else ; and Colonel Warcup did promise he should have a place at the Custom-House . Mr. Dugdale . Upon the Oath I have taken , and as I hope for Salvation , it is not true . Mr. Serj. Jeff. Here is Dugdale's Oath against Dr. Oats's saying . Dr. Oates . Mr. Serjeant , you shall hear of this in another place . Mr. Att. Gen. 'T is an unhappy thing that Dr. Oates should come in against these men that supported his Evidence before . Mr. Dugd. My Lord , I say further , if any Doctor will come forth and say he cured me of a Clap , or any such thing , I will stand guilty of all that is imputed to me . L. c. j. Mr. Colledge , will you call any other Witnesses ? Coll. My Lord , I think this is not fair dealing with a man for his Life ; because these men be upon their Oaths , and deny the things again that my Witnesses prove , therefore what they swear must needs be taken for truth : but if my Witness comes and says such a thing upon the word of a Minister , and in the presence of God , and which he is ready to maintain by an Oath , sure it is not to stand for nothing ; nor he to be hooted out of Court , because Mr. Dugdale denies it upon his Oath , I do suppose he will not acknowledge it . But , my Lord , I am the Prisoner , and cannot be heard as a Witness for my self : but God is my Witness , he hath said a great deal more to me formerly ; and he hath told me when I have seen him with Warcup , and asked him why he kept company with Warcup , and others ; said he , I know they are suspected men , but I must keep company with them to get my money ; what would you have me do , starve . And when I lent him money out of my pocket , and trusted him with my Horse , I dunn'd him for money and could not get it ; said I , will you pay me the 5 l. I lent you ; he put me off , said he , I shall have it , for the Attorney General hath made up his Accompts , and he is very kind to me ; why then , said I , why have you it not ; said he , he is my Friend , and I do not question the getting of it ; but here is new work to be done , such work as my conscience will not serve me to do ; there is more Roguery , they will never have done plotting , and counterplotting ; but they will make a thousand Plots if they can to destroy the real one . L. c. j. Can you prove this now ? Coll. No , it was spoken to my self ; and no body was by but my self . L. c. j. Then you should not speak it . But you asked the question whether a man may not be believed upon his word , as well as he that is upon his Oath . Your Witnesses are not upon their Oaths , but they may be Witnesses , and their weight is to be left with the Jury ; they will consider how improbable it is , that these men should come , three men to one man , and all of them should speak that which would make themselves Rogues and Villains ; and that one man of them , Smith , should say such words , as , God damn him , he would have his blood , and God damn the Gospel : that Dugdale should confess he was wrought upon by Warcup to testifie against his Conscience ; and that Turbervile should say to that purpose , He would not starve ; they have sworn the contrary , and so there are all these three mens Oaths against one mans Affirmation ; but it must be left to the Jury . Coll. There is his Affirmation against what they three say . He charges every one of them , and 't is but the single denial of every one of them to his Charge . L. c. j. 'T is improbable they should own themselves such Villains to him . Dr. Oates . They must be so , if they will do what they have undertaken . I hope my Word will be believed as soon as their Oaths . Coll. It is not to be thought , but when they have sworn so against me , they will deny any such thing when they are charged with it . L. c. j. Have you done with your Witnesses ? Or will you call any more ? Coll. What is said upon an honest mans word in the face of a Court , is certainly to be believed as well as what is sworn . L. c. j. 'T is a Testimony , that is most certain , and must be left to the Jury , they must weigh one against the other . But pray , Mr. Colledge will you call your Witnesses , for it begins to grow late . Coll. There is Mr. Wilmore , that was a material Witness for me , who was Foreman of the Grand Jury , that would not find the Bill upon this Evidence . What he had to say I don't know , but I am informed it was very material for me . L. c. j. It will be enough for him to clear himself , for he is charged with High Treason , and by two Witnesses too . Colledge . Call. Alexander Blake . Lo. ch . just . What do you ask him ? Colledge . Do you know John Smith ? Mr. Blake . Yes , Sir. Coll. Pray will you tell the Court what you know of John Smith . Mr. Blake . I suppose you mean this Gentleman . Mr. John Smith , Gent. came to me one morning , and told me there was one Haynes under Examination , and Haynes had discovered very material things against some great persons : this passed , and within few days after I met Mr. Smith at the Exchange Coffee-House , and having saluted him , I desired him to drink a glass of Wine , and so we went to the Sun Tavern , and when we were there , I asked him , what his sense was of Haynes , and his Discovery ? Said he , 't is a Sham Plot : I asked him what he meant by that Sham Plot ? Said he , 't is a meal-tub Plot. This is all that I know . L. c. j. Would you ask him any thing else ? Mr. Blake . I know nothing more . Coll. Do you know any thing of Turbervill or Dugdale ? Mr. Blake . Sir , I have no acquaintance with him , nor desire it . But I was acquainted with this Gent. Mr. Smith , I know him very well . Mr. Ser. Jeff. You say well , stand down . Colledge . Call Mr. Samuel Smith . L. ch . just . What ask you him ? Colledge . What he knows of Mr. Smith . Mr. S. Smith . Mr. John Smith and I have had an intimacy and acquaintaince several months , and since Mr. John Smith swore at the Old Baily against Mr. Colledge , and was gone out of Town , several people have talked with me concerning him , and asking me what I thought of him ? I told them , I believed he was an honest man , however I would not believe otherwise till I knew a reason of it . They told me , that he had sworn against Mr. Colledge , that he was to seize the King at the Parliament at Oxford , and that there was 1500 Barrels of Powder , and it was to carry on a Presbyterian Plot : Said I , I will never believe it , and the rather because he hath said to me often , there was a Popish Plot , but he does not believe any Presbyterian or Protestant Plot ; and said I further , as to his giving in any Evidence with Irish-men , I believe it the less for that ; for I have heard him often say , they were a company of Rogues that had done the Protestant Interest more harm than ever they would do it good , and bid me have a care of coming into their company , and many other such things , that Mr. Smith here knows to be true . Then , my Lord , when Mr. Smith came home ( for I was very impatient till he did come home to hear every day such things said against him ) I went to see him . Said I , Cousin Smith , I have had great confronts about you since you went away , but I hope you can't be that ill man you are represented to be , and truly I should be sorry it should be so : pray Cousin , said I , I have put every man off with this , that I would suspend my belief of you till I had spoken with your self ; what is the Evidence you have given ? They say , you have sworn a Presbyterian Plot , or a Protestant Plot , a Design of seizing the King at Oxon. and of so many Barrels of Gen-powder that were provided . Says my Cousin , I did swear no such thing , nor never a word of any such thing as a Protestant Plot , or a Presbyterian Plot , and pray do not believe it of me . No , said I , I thought you could not swear any such thing , because you have said often to me , you believed there was no such thing . I do not believe it yet , said he , and as to whatsoever Colledge said , I did not believe it , for he did not believe it himself . And Mr. Smith told me after his return that he did not know of any Protestant concerned in the Plot. L. c. j. He does not say now 't is a Protestant Plot. Mr. S. Smith . So far from that , that he told me after his Return he did not know any Protestant concerned in the Plot. L. c. j. Mr. Smith , thus I understand you . You say that he said to you , That he had not testified any thing of a Protestant Plot , nor did believe there was any Protestant Plot , for he did not believe what Colledge said himself : So by that discoure it seems he did not deny , but he had testified against Mr. Colledge , but he did not believe there was any Protestant Plot ? Mr. S. Smith . No , my Lord , he did not deny but he had sworn against Colledge . Mr. just Jones . Nor that what he had said against Colledge was true ; Mr. S. S. No my Lord , but he did not believe him , and he thought Colledge did not believe it himself . Mr. Ser. jeff. It seems Mr. Colledge thinks the whole Protestant Interest concerned in him . L. c. j. The question is Mr. Colledge what you had in your mind , not what was in the mind of all the Protestants . Mr. S. S. This I do say , I would not speak more nor less than the truth , he did not deny , but he had heard Colledge speak those words he swore , but he did not believe him , and I think Mr. Smith hath said that at another time before Mr. Gardner . Coll. If he knew of no Protestant Plot , it was very unlikely that I should attempt such a thing my self . Mr. S. S. My Lord , I find Mr. Smith hath been very passionate and very inveterate of late against other men that he hath given me a very good report of before ; And when I was talking of this , I was saying , if it be true that people say of you , a man goes in danger of his life to converse with you . Mr. Smith , said he , I do not care for all the men between Wapping and Charing-cross , there is never a man that will forbear my company , but would do or say as much as Colledge hath done or said . Mr. J. Smith . 'T is true , and I say so still . Coll. 'T is a contradiction in it self , That there should be such a design and none but my self to do it . God my righteous Judge knows my innocency . Mr. just . jones . You might say those words in hopes they would be of your party and made so by your Libels and poysonous Pictures . L. c. j. Come , call another Witness . Colledge . Call Mr. Tho. Gardner . But my Lord , how likely is it that I should say , That I would seize the King , when he it seems says , he did not believe there was one man to stand by me ? L. c. j. What say you to this Gentleman ? Coll. I never saw him in my life . Mr. Gardner . Nor I you , Sir. Colledge . I know not three of all that come here . L. c. j. Well , will you ask him any thing ? Coll. Pray , do you know Mr. Smith ? Mr. Gardner . Yes . Coll. What do you know of him ? Can you say any thing concerning this matter that is sworn against of Treason ? Mr. Gardner . My Lord , this day fortnight I think it was , Mr. S. Smith , the Gentleman that was just now up before me , sent for me to the Rummer in Queen-street to drink a glass of Wine , where , when I came , I found him and Mr. J. Smith that is here , whom they call Narrative Smith , talking very briskly concerning one Colledge , I suppose that is the Gentleman , and the Jury that acquitted him , and he said that two or three of the Jury-men were Rascals and Villains ; and , says he , they talk up and down the Town as if I did intend to Sham the Popish Plot , and to make a Protestant Plot ; which , said he , I vow to God , and I will justifie it before God , and all the World , that I know of no Protestant Plot , nor is there any Protestant concerned in a Plot to my knowledge , but this Colledge , and upon his Tryal I believe he will be made appear to be more a Papist than a Protestant ; but says Mr. Smith to him , Now you are known to be a Witness in this case , it will be a dangerous thing for a man to converse with you . Coll. Will it be now known that I am a Papist ? No man could ever say so in this World. Mr. Gardner . Says he , I care not what all the world says of me , and I do not value all the men from Wapping to Charing-Cross , but that man that will shun my company , will say and do as much to the King as Colledge hath done . But then I was saying , methinks it seems an improbable thing , that such a man as Colledge should seize upon the King , or provide 1500 Barrels of Powder , and those other things . Upon my word , said he , with some passion , clapping his hand upon his breast , when Mr. Colledge did say it , I did not believe a word of it ; and upon my Faith I believe Colledge himself did not believe it when he told me so . Colledge . Do you know any thing more , Sir ? Mr. Gardner . No indeed , Mr. Colledge . Colledge . Call Dr. Oates again L. c. j. Well , what say you to him ? Coll. Pray , Dr. Oates , Mr. Smith charges me that I should speak some treasonable words that time that Alderman Wilcox gave you a Treat at the Crown-Tavern , you were there , and pray how long ago was it ? Dr. Oates . My Lord , I heard Mr. Smith speaking of it at the Old-Bailey , and if you please to take notice , it was thus ; This Summer was twelve-month , or I am sure a great while before Christmas the Alderman had invited me several times to give me a Treat , and I had not time , other business calling me off , but finding a time , I sent him word I would come and see him . He said he was a Brewer and troubled at home with customers , but he would give me a Dinner at the Crown Tavern without Temple-Bar , that was the place fixed upon ; there was Mr. Smith the Counsellor , who had been serviceable to me in several instances , I did get him to go along with me , and Mr. Colledge was with us , and I heard Smith swearing at the Old Baily , that Mr. Colledge and he had discourse from the Rainbow Coffee-House where we met , and went together . Colledge . There I was invited by Alderman Wilcox . Dr. Oates . But my Lord , I will tell my story , I am not to tell Mr. Smiths ; Colledge did tell me he was invited ; said I , You shall be welcome as far as I can make you welcome . So Colledge ahd I went together from the Rainbow Coffe-House to the Crown Tavern : Now indeed Colledge was very pleasant and merry , and as I think , the discourse betwixt the Rainbow Coffee-House and the Tavern was betwixt Mr. Colledge and me ; for Mr. Smith stayed somewhat behind or walked before , I cannot tell which : When we came to the Crown Tavern we did , to divert our selves till Dinner came up , enter into a Philosophical discourse with one Mr. Savage , who was formerly a Romish Priest , but this Savage is since pardoned by the King and is a member of the Church of England , and hath been Professor of Divinity and Philosophy beyond Sea. This as I remember was the discourse before we dined till we went to dinner , it was concerning the Existence of God whether that could be proved by natural demonstration , and whether or no the Soul was immortal : my Lord , after dinner Smith went away ; I did not hear the least discourse of any such thing as he speaks of , and Mr. Smith and Colledge had no discourse in my hearing from the Coffee-House to the Tavern ; and when we were in the Tavern we did discourse about those two Points . Counsellor Smith , my Lord , will justifie a great deal of this , and my Brother too , who was with us . But when I heard Mr. Smith swear as he did about this matter at the Old Baily , I did really , my Lord , in my conscience look upon him to be forsworn in that particular . Mr. Serj. Jeff. And he does swear you are out in this . L. c. j. Will you ask him any more questions ? Dr. Oates . If your Lordship please he speaks of Mr. Wilcox to be a man that contributed money to buy Arms , Powder and Shot , I think Sir George Jefferies knows Alderman Wilcox is a man of another employment . Mr. Serj. jeff. Sir George Jefferies does not intend to be an Evidence I assure you . L. ch . Just . Do you ask him any more questions ? Dr. Oates . I do not desire Sir George Jefferies to be an Evidence for me , I had Credit in Parliaments , and Sir George had Disgrace in one of them . Mr. Serj. jeff. Your Servant Doctor , you are a witty man and a Philosopher . Colledge . Call Mr. Thomas Smith . L. c. j. What would you ask of him now ? Coll. Counsellor Smith , here is John Smith , or Narrative Smith , which you please to call him , hath charged me with speaking Treason at our going to dinner at Mr. Wilcox's , I remember you were there , and I think you and I , and Dr. Oates and his Brother , and Mr. Godwin Wharton went together ; I did tell Mr. Smith of it , but I did not stir a step out of the Coffee-house with him , but went away before him : How long ago is it since we had that Dinner ? Mr. T. Smith . My Lord , if your Lordship please , I do very well remember Mr. Alderman VVilcox , so they called him , did desire to give Dr. Oates a Treat , with some other of his Friends , at the Crown-Tavern without Temple-Bar ; but really , my Lord , as to the certain time I do not remember it , but to my best remembrance , my Lord , it was before Christmass last , and some time before Christmass last . And , my Lord , I was there all the time , Mr. Smith was at that time somewhat a stranger to me , something I had heard of his name , and I did stay there all the while : I remember Mr. Alderman VVilcox was to go out of Town that day ; and truly , as to any thing of matter of Treason , or Treasonable words ; or any thing tending towards it ; I am confident nothing was , or could be spoken , and the room was a very small room , and our company did fill it up , and the Table was so big , that there was little more than for the Servitors to go about , so that any man might easily hear from the one end of the room to the other . I remember there was some discourse betwixt Dr. Oates and Mr. Savage , who I think hath been a Jesuit , and it was about some points of Philosophy and Divinity ; but for Treason , I do not remember the least of it , and I am confident Colledge said not any such thing at that time , and my reason is this ; I very well remember Mr. Colledge did set himself down upon one side of the Table , and fell asleep , and unless he talked Treason in his sleep , there could not be any such thing said , and if it had been said , it would have been heard . Mr. Att. Gen. Mr. Smith , did you never hear Mr. Colledge speak any ill words of the King ? Mr. T. Smith . Never in my life : And if I were now to take the Sacrament upon it , I could say so . Mr. Ser. jeff. You used to converse with him , Mr. Smith , did he never say any thing like it to you ? Mr. T. Smith . Good Mr. Serjeant , you know I can take the Sacrament ; pray let us have no reflections . Mr. Serj. jeff. Who did reflect upon you , I did not reflect upon you . Mr. just . jones . Mr. Smith , did he never deliver you any of those Pictures ? Mr. T. Smith . No Sir , he never did . Coll. Good Sir George don't reflect upon my Evidence . It seems Smith is mistaken in the time , for he says it was at Christmass , but Mr. Smith says it was some time before . L. ch . just . Mr. Smith does not say so , the certain time he cannot tell exactly ; but your Witnesses say it was then . Mr. T. Smith . I do speak as much as if I were upon my Oath ; and I know what an Oath is , I thank God ; and what it is to speak before a Court of Judicature , and I know , and do speak truth as much as if I were upon my Oath ; and I do say I did not hear Colledge , or any one else that was in that company at that time , speak any thing reflecting upon the King and Government , or any thing tending towards it . Mr. just . jones . Can you remember a matter so distinctly , which Dr. Oates says was a year and half ago ? L. c. j. No , this Summer was twelve-month . Mr. just . jones . And can you tell so long ago , not only your own actions , but testify to all other mens actions too that were in the room ? Mr. T. Smith . I cannot tell what Dr. Oates's memory is as to the time , but I remember the place , the occasion , and the persons that were there . Mr. just . jones . And you take upon you to have such a perfect memory , as to the actions of all the persons that were in the room . Mr. T. Smith . I do not speak of all that was done ; but I say I remember no such thing that was said , and I believe no such thing was said , and have given you my reasons why . But , my Lord , that which I say further for Mr. Colledge , is this ; I do hear something pretended , as if he provided Arms to go for Oxford . I have known him this three years , or thereabouts ; and , my Lord , I do know that he did usually ride with a case of Pistols before him . And before that time I had occasion to borrow his Horse of him , at the Election for Westminster the last Parliament that sat there , and I had it then with a case of Pistols . I likewise borrowed it at Michaelmas last , the same Horse , and the same Pistols they were : I did at the same time see a Suit of Silk-Armour , which he told me he did provide against the Papists , for he said he did expect we should have a brush with them . Said I , do not trouble your self for that , they dare not meddle ; said he , this will do no harm . And , as I remember , it was a Suit of Armour made of Silk , to wear under a Coat . Colledge . It was Silk Armour only for the thrust of a Sword. And I assure you , my Lord , I had but one Suit , but one case of Pistols , and but one Horse , I had two before , but they did not then make a Traytor of me , that was all that ever I had ; but if I had ten Horses , and never so many Armours , I declare it upon my Salvation , I intended it for nothing but against the Papists , if they should make a disturbance , and whatever I did was with that design , and truly , by the Grace of God , I would not have been the last man then ; but I see , whatever I provided my self with for that , they have turned it all another way , that it might be believed the Protestants were against the King and the established Government . L. c. j. Those observations may be proper for you at last : Go on now with your Evidence . Colledge . My Lord , I am not a man of that great memory , I may forget it , and therefore I speak it now whilst I think of it . L. c. j. Set it down in your paper . Coll. Smith says I talked with him coming from Richard's Coffee-House till we came to the Tavern ; I do declare it , I went away before him , and went away with Dr. Oates . L. c. j. Ask Mr. Smith that question , if you will. Coll. Pray Sir , do you know who went together thither ? Mr. T. Smith . I dare not undertake to say that , I cannot tell whether he went from the Rainbow-Coffee-House with us , or no. Coll. He says after we had dined we divided our selves into Cabals , two and two together : I do declare it , as that which is the real truth , I fell asleep behind the Table , if any body was divided , it is more than I know ; but Mr. Smith , you can tell , because he says I spoke Treason to him when I was in the room , he and I in one Cabal . Mr. T. S. My Lord , I remember nothing of that , nor do believe it , for I told you the room was so little that we could not divide our selves ; and it is impossible in such a little compass where we were , so many as we were , 14 or 15 of us ; it may be one might talk to another that was next to him , but then the company must hear , and whether they did so or no , I cannot tell , I do not remember Mr. Smith's saying any thing to any particular person , but the great engagement was between Dr. Oates and Mr. Savage , and about some questions in Divinity , and that is the great matter I took notice of . Coll. However , my Lord , I declare it , that was above a twelve-month ago , and I hope your Lordship and the Jury does observe that there was no new Arms were found but what were provided a great while ago : All that know me , know I was never without a case of Pistols and an Horse , though I was but a Joyner , and there is no more that you see now . And as to what Smith said about our going into Cabals , that you hear Mr. Smith denies . L. c. j. Will you call any other Witnesses ? Coll. Yes , if it please your Lordship , Do you know no more , Sir ? Mr. T. Smith . I know no other thing , if I did , I would declare it . Coll. Call Dr. Oates's Brother , Mr. Samuel Oates . My Lord , thus you see Smith's testimony is false . L. c. j. I do not see this contradicts his Oath , for he speaks of several times that he did speak with you , one was at Wilcox's , which is this they speak of . Coll. Mr. Smith says there was only that great discourse going on in the room , and there was no such things as Cabals which he speaks of . L. c. j. What do you say as to this Witness ? Coll. Do you know Narrative Smith ? Mr. Oates . Yes Sir. Coll. What do you know of him ? Were you at the Dinner which Mr. Wilcox gave your Brother ? Mr. Oates . Yes , yes , I was at that Dinner . Coll. Were you at the Coffee-House when I went along with your Brother ? Mr. Oates . Yes , we went with you . Coll. Did Mr. Smith go with us ? Mr. Oates . Yes , Mr. Smith followed us . Coll. Did you hear any Treasonable discourse between us ? Mr. Oates . Not the least of a little word . Coll. Did we go into Cabals two and two together there ? Mr. Oates . There was nothing at all of cabals that I saw , from the time of going to Dinner ; for we came just as Dinner was going into the room , as I remember . Mr. Ser. Jeff. What do you mean by cabals ? Mr. Oates . That is , as I discern by Mr. Colledge , as if there had been cabals amongst the company . Mr. just . jones . That is , going by couples . Mr. Oates . Yes , yes . Mr. Ser. jeff. What did they talk of ? Mr. Oates . There was nothing at all spoken of ? Mr. Ser. jeff. What , did they say nothing all the while ? Mr. Oates . Nothing but matter of common discourse , matters of eating and drinking , and talking of Countrey affairs , there were several that had Lands in the Countrey , and they were talking of those things . Mr. just . jones . Were you there all the while ? Mr. Oates . Yes . Mr. Ser. jeff. Heark you , Sir , were there no disputations in Divinity ? Mr. Oates . Not at all . Mr. Ser. jeff. Nor of Philosophy ? Mr. Oates . No. Mr. Ser. jeff. Why , pray Sir , did not Dr. Oates and Mr. Savage talk very pleasantly of two great questions in Divinity , the Being of God , and the Immortality of the Soul ? Mr. Oates . There was not a word of that , but only of common discourse . Mr. Ser. jeff. Are you sure there was no such thing ? Mr. Oates . Not that I know of in the least . I sat at Table with them . Mr. Ser. jeff. Was it such a little room that you could hear all was said ? Mr. Oates . There was room enough . L. c. j. People cannot give a perfect account of all things that have passed so long ago . Coll. I did not hear that discourse my self , because I was asleep behind the Table ; and perhaps Mr. Oates cannot remember it . Mr. Sol. Gen. Was it before Dinner , or after Dinner , that Colledge fell asleep behind the Table ? Mr. Oates . He was not asleep , to my remembrance , all the while . Mr. Ser. jeff. Recollect your self , pray ; was Mr. Colledge asleep there ? Mr. Oates . I do not remember he was . L. c. j. 'T is impossible to give an account , and therefore Witnesses in Negatives are of little value . Coll. Did Mr. Smith and you and I go together ? Mr. Oates . Mr. Smith followed us . Lo. c. j. How do you know that ? Mr. Oates . For you and I , and my Brother went together : You were a saying when we came out of the Coffee-House in a jocose way , come Dr. I will go along with you , and be one of your Guard. You spoke it in a jesting way ; so you may , if you please , said my Brother . And so he went by my Brother's side , and I went by Mr. Colledge's side . Colledge . Do you remember how long ago that was ? Mr. Oates . It was the last Summer , but to say exactly what month , I cannot . Mr. S. Gen. Mr. Oates , answer me this question , pray Sir. Mr. Oates . Yes , Sir. Mr. S. Gen. From what place did you go . Mr. Oates . From Richards Coffee-House . Mr. S. Gen. Who went along with Colledge ? M. Oates . He came along with my Brother and me ; for he said to my Brother , I will be one of your Guard. Mr. S. Gen. Who went along with Mr. Smith ? Mr. Oates . I don't know , I took very little notice of things . Mr. Serj. jeff. 'T is sufficient that he can tell who went with Colledge . Mr. Oates . I remember one thing : Mr. Smith would fain have perswaded me into something that my Brother should talk , but I heard nothing ; said I , do not examine me upon such things , for I took little notice of any thing ; but this I can say , whereas he does charge Mr. Wilcox , the Gentleman did not speak five words all the time he was there . Mr. Ser. Jeff. He does not use to be so melancholy , I assure you . Mr. Oates . I did wonder at it my self , but he was not long with us , for I do not think he was there a quarter of the time ; it seems he had a Son sick in the Countrey , and he was going thither . Colledge . Have you any thing against Macnamarra ? L. c. j. He is no Witness here . Coll. Do you know any thing against Mr. Dugdale ? Mr. Oates . No , not I. Colledge . Then I can say no more to you . L. ch . just . Call another Witness . Coll. Call Mr. Bolron . Lo. ch . just . What do you ask him ? Colledge . Do you know John Smith ? Mr. Bolron . Yes . Colledge . What say you against him ? Mr. Bolron . May it please your Lordship , the last 25th . of July Mr. Smith , and Mr. Mowbray , and my self were travelling from York towards London . We lay the 24th . at and the 25th . we were travelling towards London : Mr. Smith did ask me , if I did remember what Discourse there was betwixt Sir John Brooks and I at Ferry-bridge , when we were coming up before to London ? I desired him to tell me what discourse , and I would tell him if I did remember it or no. So my Lord , he did say , the Discourse was , that Sir John Brooks did say , there would be cutting of throats at Oxford , and that the Parliament did go provided , some with 8 , some with 6 , some with 4 men , and they were to meet at Grantham , and go together . This discourse I did remember , that Sir John Brooks said , they went with Horse and Arms to secure them from High-way-men ; and Sir John Brooks did then further declare , that the Discourse was , there would be cutting of throats at Oxford , which made them go with Arms to defend themselves . Mr. Smith did further upon the 25 , 26 , 27 , and 28th . of July ( and it was our frequent discourse ) tell me , that he had given His Majesty an account of it , which occasioned the Dissolving of the Parliament : That Discourse that was made to the King , was , that Sir John Brooks should say , there would be cutting of throats at Oxford , and that the Parliament-men went provided with 4 or 5 , 6 or 10 men apiece ; and he did tell me , he had given a further account , that there was a Consult a● Grantham , wherein it was resolved , that it was better to seize the King , than to let him go on . Now , this I knew nothing of , but he would have perswaded me to have given in this Evidence against Sir John Brooks , as to this Discourse . But I declare , I did never hear it , and Mr. Smith was the first man that ever I heard it from , I never heard it before in my life . Colledge . Would he have had you been an Evidence , and swore it ? Mr. Bolron . Yes ; he said he had given an account of it to the King , and if I did manage it rightly against my Lord Shaftsbury and Colledge , he would make me for ever ; those two persons were mentioned all along . But I do declare it , I did never hear them speak Treason against the King in my life . And he did further tell me , that I must say so and so ; for if we did not agree , it would signifie nothing . But , my Lord , I know nothing of the matter , I never heard any one speak of it but Mr. Smith . My Lord , this is true , Mr. Mowbray was the man that was by when it was discoursed . Mr. just . jones . He would have had you sworn it , would he ? Mr. Bolron . I discovered it to my Lord Mayor . Mr. Att. Gen. When did you discover it ? Mr. Bolron . Soon after he came to Town . Mr. Att. Gen. When was it ? Mr. Bolron . Some time last week . Mr. Att. Gen. Was it on Saturday last ? Mr. Bolron . It was the beginning of the week . Mr. Serj. Jeff. Thou art such a Discoverer . Mr. Bolron . My Lord , 't is very true what I say . If I had known any such thing , I would have discovered it . Mr. Serj. jeff. Thou wouldest have discovered it before that time , of my conscience . Colledge . My Lord , he hath been an Evidence against the Papists as well as Mr. Smith , and therefore pray Sir George don't make your flourishes upon him . Mr. Serj. Jeffer . He was an Evidence , but he had the misfortune never to be believed . Mr. Att. Gen. Do you know any thing of any Pictures of Mr. Colledges making ? Have you seen Raree Shew ? Mr. Bolron . Never in my life . Mr. Att. Gen. Did you not shew it in Oxford ? Mr. Bolron . No , never in my life . Mr. Serj. Holloway . Did you never declare to any Gentleman of Oxford , that Colledge made this Picture ? Mr. Bolron . I have seen the Character of a Popish Successor , but I never saw Raree Shew . Mr. Serj. Hollow . Here is the very Gentleman , my Lord , that will make Oath of it . Mr. Bolron . He was supposed to make them , I did not know that he did . Mr. Ser. Jeff. I do only desire one thing , I do not say , that you ever had Raree Shew , but did you ever tell any body that Colledge made any of these Pictures ? Mr. Bolron . I have heard of such a paper , but I did never see it in my life . Mr. Ser. Jeff. Do you know that Gentleman , Mr. Bolron ? Mr. Bolron . I know him not . Mr. Ser. jeff. I would ask you , whether you ever had any discourse with that Gentleman ? Mr. Bolron . Never in my life . Then the Gentleman was sworn , being a Master of Arts. Mr. Ser. Jeff. What is the Gentlemans Name ? Mr. Serj. Holloway . Mr. Charlett of Trinity Colledge . Mr. Serj. Jeff. Pray Sir , do you know that person there ? Mr. Charlett . My Lord , in the new Coffee-House that was by the Schools , that was set up in the Parliament-time , there was a Gentleman that is in the Court ( I think ) one Mr. Dashwood , and one Mr. Box were there together to drink a dish of Coffee , and and hearing that some of the Evidence were there , we desired their company up , and that Gentleman was one ; and among other Discourse , they were speaking of some Pictures , and they shewed us the Picture of the Tantivies . Mr. Serj. jeff. Did this man shew it you ? Mr. Char. This very man ; it was the Pictures of the Tantivies and the Towzer , and he told me they were made by Colledge , he was a very ingenious man. Mr. Bolron . I know nothing of it , the Character of a Popish Successor I have seen , but never the other , I never shewed him any such thing . Then the Pictures were shewen him . Mr. Charlett . It was something like this , but I cannot say for any of the other . Mr. Bolron . The charcter of a Popish Successor , I say I have seen , and Colledge himself hath told me he made the character of a Popish Successor , I do not deny that I have seen that . L. ch . just . Would you ask him any more questions ? Mr. Bolron . My Lord , I have something more to say concerning Mr. Brian Hains ; in January , February and April last , several times I was in his company , and I heard him say , he knew nothing of a Popish Plot , nor of a Presbyterian Plot neither , but if he were to be an Evidence he did not care what he swore , but would swear and say any thing to get money . Mr. just . jones . Did he tell you so ? Mr. Bolron . Yes , I did hear him say , to day he would be a Papist , to morrow a a Presbyterian , he did not care for Religion , he would never die for Religion , he would be of that Religion that had the strongest party . My Lord , he told me so at my own House in Fleet-street . Colledge . He would say any thing for money , pray my Lord take notice of that , for so I find he does . Mr. Bolron . Then there is Dennis Macnamarra , and John Macnamarra . Mr. Serj. jeff. We have nothing to say to them . Colledge . They have been Evidences against me , though you do not now produce them , they are all in a string , but they are not now brought because my Witnesses are prepared to answer them . L. c. j. Will you call your next Witness . Coll. Mr. Mowbray , pray , Sir , do you know Narrative Smith , as he calls himself ? Mowbray . Yes , my Lord. Colledge . What do you know of it ? Mowbray . I came up from York with him when I returned , after I was commanded down upon the Kings account to give in Evidence against Sir Miles Stapleton , he came to me the third of August , and called at my House in Yorkshire , and was very importunate for me to come up to London with him , for he said , he had a Letter come to him which commanded his presence at London very suddenly , and he produced that Letter which he said came from a Gentleman of the Court , or some Court dependent ; so he read the Letter in Mr. Bolrons hearing . We set forward on Sunday , and upon our journey to London he told me he had something of importance to impart to me , so upon the Road he began to discourse of the Parliament , and of the illegal proceedings and Arbitrary Power of the Two last Parliaments , he said their proceedings were very illegal and arbitrary , and he began to open some of the Votes , as that which they voted , that those that should lend the King money upon the Crown Lands , should be enemies to the King and Kingdom , and those that counselled the King to dissolve the Parliament ; and he repeated many Votes ; and , said he , these are signs of Arbitrary Power , and certainly they design to take off the King ; so he proceeded further , to ask me what was the Discourse of Sir John Brooks when we came up before , and he did much importune me to say , that Sir John Brooks did affirm there would be cutting of throats at Oxford , and that the King was to be seized there . I told him , I could have no plausible pretence , because I had no acquaintance with Sir John Brooks , nor did I come up with him ; upon which he applied himself to Mr. Bolron , and importuned him for the same , he asked me who I came up with , I told him , I came up with Three members of Parliament , my Lord Fairfax , Sir John Hewly and Mr. Stern ; he asked what Discourse we had upon the Road ? And he asked , whether they had any Discourse that tended to justifie their former Votes ? For he said , if they did think to justifie any thing of those Votes , or if they would not allow the King money , and stood upon the Bill of Exclusion , he said , that was pretence enough for any man to swear that there was a Design against the King , and that the King was to be seized at Oxford . Coll. An excellent pretence indeed , and like the rest . Mowbray . He would have tempted me to swear against my Lord Shaftsbury the same . And he said , it would be well if I did appear on Colledges Tryal at Oxon. for it was a thing of great consequence ; the Popish Plot was thrown out of doors , and no man was looked upon that did speak of it . Mr. just . jones . Was all this in the presence of Mr. Bolron ? Mowbr . No , my Lord , when he was discoursing about Sir John Brooks , Mr. Bolron rid up to us , and he applied himself to him , because I told him I had no plaufible pretence to swear against him , having no acquaintance with him . Mr. Serj. jeff. Pray , Sir , let me ask you one question ; when came you from York ? Mowb. We set forward the third day of August from Wentbridge . Mr. Ser. jeff. Pray who came with you in the company ? Mowb. Mr. Bolron . Mr. Ser. jeff. That was a Sunday , as I take it . Mowb. Yes . Mr. Ser. jeff. Then pray , how long did you continue before you came to London ? Mowbr . I think we came in on the Thursday after . Ser. jeff. When was the first time Mr. Smith came into your company ? Mowbr . Upon the road on Sunday . Ser. jeff. Was that the first time ? Mowbray . Yes , He had been at York , and went further , and afterwards came to us . Ser. jeff. When did you come from York . Mowb. About the Thursday before , if I be not mistaken . Ser. jeff. Was it in a week before . Mowb. Yes , within a week it was . Ser. jeff. And you and Mr. Bolron came together . Mowb. Yes . Ser. jeff. And you left Mr. Smith behind . Mowb. Yes . Ser. jeff. And he overtook you upon the road . Mowb. Yes : He was to go further into the North as soon as the Tryal of Sir Miles Stapleton was over ; and therefore he did very much importune me to stay in the Countrey till he came to go up with me . Ser. jeff. What day was the Tryal of Sir Miles Stapleton . Mowbr . On the Monday before . Ser. jeff. You are sure of that , and that Mr. Smith went further into the North. Mowbr . I see him take Horse . Ser. jeff. But he did not come into the company of you and Bolron till the Sunday after that . Mowb. See ye , Sir , He did desire me to stay in the Countrey till he came , for he had a business of great concernment to impart to me , but it would be a week or a fortnight ere he came , but yet he came in a shorter time ; for he said he had received a Letter that brought him up . Ser. jeff. You are sure of this . Mowb. Yes . Ser. jeff. And you did not see him from the Monday before , till that Sunday . Mowb. No , no. Ser. jeff. Now then , I ask you where was that place that he met with you . Mowbray . At Wentbridge . Ser. jeff. And then you came from thence towards London the next day . Mow. Yes . Ser. jeff. Now would I desire to know of you , for I perceive he did attack you to say something against Sir John Brooks , and finding that you could not do it , because you had no acquaintance , he applied himself to Bolron . I would know , was it between that place and London . Mowb. Yes , it was . Ser. jeff. And after the third of August . Mowb. Yes , it was after we set out . Ser. jeff. I thought it had been the 24th . of July that you set out , and continued your journey the 25 , 26 , 27 , 28 , and 29th . Alas , we have lost a great deal of time between Bolron and Mowbray . Bolron said it was the 25th . they lay at such a place , and you are gotten to the third of August ; you are mistaken certainly , as to point of time . Mowb. See , Sir , I will look in my Almanack , 't is all set down there . Ser. jeff. Let us see now if your Oxford journey be as well set down , as your journey to London is . Mowb. Here is my Almanack , Sir. Mr. Jones . Here , look upon his Almanack . Ser. jeff. Mr. Jones , I don't care for his Almanack , I had rather Mowbray and Bolron could bring their Almanacks together , and I would have them compared , to see whether the third of August in one , be the 25th . of July in the other . Did you discourse with him upon the road the third of August , and not before ; and Bolron that came up with you , discourse with him the 25th . of July . Mowb. I am mistaken , I find . Ser. jeff. Ay , that you are , one of you most grosly . Mowbray . See , Sir , here is my Almanack , whereby . I find that it is my mistake ; but pray see , Sir , here it is set down ; the day we came out was the 24th . the day we came to London was the 27th . Mr. Ser. jeff. How didst thou set out the third of August from that place , and yet come to London the 27th . of July . Mowbray . I will refer my self to Mr. Smith , as to the time we came up , and here is my Almanack . Mr. Ser. jeff. I will believe thy Almanack to speak truth , though it have never so many errors about the changes of the weather , sooner than I will believe thee . Coll. I perceive the man is mistaken in the month and the time ; but pray , my Lord , will you please to see , for Justice sake , if the Almanack be new writ . Lo. c. j. Look you , here is the matter , Mr. Colledge , he was asked again and again , what day it was , and he was positive to the third of August . Coll. He was mistaken , but his Almanack is right . L. c. j. He speaks rashly , that is the best can be said . Mowb. It was a mistake of mine , Sir George , but my Almanack is right . Mr. Ser. jeff. Nay , Mr. Mowbray , don't enter into dialogues with me , I only make a little observation upon your Almanack . Mowbray . It was only my mistake . L. c. j. You are a rash man to affirm so : if you had an Almanack , you should have consulted it , or referred to it . Mr. Ser. Jeff. Nay , we have lost a day even by your Almanack ; for yours says it was the 27th . you came to Town , Bolron the 28th . Mowb. I refer my self to Mr. Smith , he can't deny but he came up with us at that time . Ser. jeff. You were examined at Sir Miles Stapleton's Tryal , was you not , Mowbray ? Mowb. I was an Evidence there . Ser. jeff. Did the Jury believe you ? Mowbr . They did acquit Sir Miles Stapleton . Coll. That is nothing to the purpose ; so was Mr. Smith too . L. c. j. Would you ask any thing further ? Coll. Call Mrs. Mary Bolron . L. c. j. If you have any more Witnesses , pray call them . Mr. just . jones . Mowbray , was Bolron's Wife by when this discourse was ? Mowbr . No , she was in Town , she did not go down with him at all . Lo. Ch. Just . Are you Bolron's Wife ? Mrs. Bolron . Yes . L. c. j. Well , what do you ask her ? Colledge . Mrs. Bolron , Pray do you know Mr. John Smith ? Mrs. Bolron . Yes , I do know him . Colledge . What can you say of him ? Mrs. Bolron . He sent several times for my Husband and Mowbray to my House , something he would have them be concerned in , some business he had in hand . Lo. ch . just . When was that ? Mrs. Bolron . Within this three weeks , since he came up from York Assizes . Colledge . You may see there was an understanding between them then . Mr. just . jones . Did they go accordingly ? Mrs. Bol. Now and then they have gone to him , but they knew his business , because they had discourse with him , as they said , upon the road , and they would not go . L. c. j. Would you ask her any thing else ; what do you know more ? Mrs. Bolron . Nothing , for I am not one that stirs much abroad . Colledge . Call Mr. Everard . Lo. c. j. What do you ask him ? Colledge . As for Mr. Everard , I need not ask him whether he knows him , for they know one another well enough : But Mr. Everard , that I would ask you is this ; what do you know of Mr. Smith , and of this contrivance against me ? Mr. Everard . Mr. Smith I have been to see of late , and he told me he knew of no Presbyterian or Protestant Plot ; and when my Lord Howard was tried , that is , the Bill brought against him , he said he wondred how my Lord Howard could be Guilty , and that both himself and I were joyned as Evidence to that Jury , only to put a gloss upon the Evidence ; for , says he , I have nothing material to say . Coll. Mr. Everard . Do you know any thing more concerning him , what he hath said at other times concerning me ? Mr. Everard . I have told you already what I have heard him say , that he thought there was no Protestant or Presbyterian Plot , & that now of late within this little while . Colledge . Pray Sir , was there not some discourse betwixt Justice Warcupp and you in Lincolns-Inn Walks ? Mr. Everard . Is Justice Warcupp an Evidence here ? L. c. j. No , no. Colledge . 'T is all but Evidence of a Presbyterian Plot ; therefore , pray Sir , what was the discourse between Justice Warcupp and you , what would he have had you done ? L. c. j. I think it is not material , there is nothing of Mr. Warcupp in this Tryal . Mr. Everard . If the Court does allow of it , I will freely tell it . Coll. My Lord , the Papists design is to make a Protestant Plot to turn off their own , and they begin with me , but if I should go , they would not be satisfied with me , they would be at others . L. c. j. There is nothing concerning a Presbyterian or Protestant Plot in the case . Colledge . My Lord , if there be no Presbyterian Protestant Plot , and others to joyn in it , how could I do it by my self ; 't is impossible I should have such a design of seizing the King , and improbable I should speak it . Now , my Lord , this man was sollicited to come in for an Evidence of such a Plot. Mr. Everard . That is true . L. c. j. I tell you it is not material , Justice Warcupp is not concerned in your Tryal . Mr. Everard . Justice Warcupp would have perswaded me to have sworn against some Lords a Presbyterian Plot , but I deny that I know any such thing of them . Coll. The Papists aim is not at me only , but at others . Mr. Ser. jeff. We have nothing to do with what you and Justice Warcupp talked of ; for example sake , my Lord , let us have no discourses that concern third persons brought in here . L. c. j. Would he have perswaded you to say any thing that was not true ? Mr. Everard . He did not say positively those words , but this he said , I knew seveveral Lords — Mr. just . jones . Now here is Mr. Justice Warcupp's same traduc'd behind his back in the face of the Countrey , and it is nothing to this cause before us . Coll. My Lord , I desire to know what he knows of these things , and that he may speak it out , 't is a material thing for me and others : Here is a design of the Papists to turn a Plot upon the Protestants , they begin with me , and if they have my blood , who may feel the effect of it next I cannot tell . Lo. ch . Just . Truly I think it not material to your case , and indeed 't is of ill consequence to have any man traduced behind his back , as Justice VVarcupp is . Coll. My Lord , Macnamarra told me , that that man would have seduced him to have retracted his Evidence ; upon my Salvation 't is true . L. c. j. We meddle not with Macnamarra neither , he is no Evidence against you . Coll. Macnamarra hath sworn against me at the Old-Baily , and at the finding of this Bill , but they have laid him by upon some trick or other : I desire Mr. Everard may tell what he knows . Mr. Everard . I would not reflect upon any person , nor will I answer it , if the Court do not think fit . Coll. My Lord , this is foul play , if I die my self for my Countrey sake , I can do it freely , and the will of God be done ; I would have the truth out for the sake of the Protestants . Mr. Everard . I am very willing to tell the truth , if the Court think fit . L. c. j. I see not that he says Mr. VVarcupp would have had him swear that which was not true . Mr. Ever . But this he said , if the Court will allow me to speak it ; Justice VVarcupp said , that certainly there was a Presbyterian Plot , and such things ; and that some Lords , some of the Protestant protesting Lords must be guilty of it , and said he , certainly you know much of it , You know such and such things , therefore you may safely swear it , if I knew it ; so by argument he would first prove there was a Plot and combination amongst those Lords , and then said he this you may safely swear . Mr. just . jones . What is this to your purpose , Mr. Colledge , only Mr. Warcup's name is brought upon the stage when he is not here to vindicate himself . L. c. j. Would you ask him any thing else ? Coll. If he does know any thing more of any of them , I desire he would speak it . Mr. Ev. Concerning Mr. Haynes , he told me it was necessity that drove him to speak any thing against the Protestants , and the hard Pay and the Gratitude he did receive from the Citizens . Then Mr. Jones acquainted the Court that Mr. Warcup was just come in , and desired to vindicate himself . But the Kings other Counsel waved it , saying there was no weight in it . Lo. ch . just . Where did he tell you this ? Mr. Ev. In the fields near Grays-Inn . Lo. ch . just . How long since ? Mr. Ev. About three weeks ago . I asked him , Mr. Haynes , said I , I would not draw you from your Testimony in any thing ; but how can this be congruous to what you have said formerly , That you knew nothing by them ? The truth is , said he , I will not say much to excuse my self , but my Wife was reduced to that necessity , that she begg'd at Rouse's door , and craved some Salary , and Mr. Rouse would not give her any ; and , said he , meer necessity drove me to it . Colledge . He found better pay in another place . Mr. Ev. And , says he , 't is Self-preservation in the next place : for I was brought in guilty when I was taken up , and therefore I was obliged to do some things to save my Life . Coll. Pray , my Lord , and Gentlemen , observe what this Gentleman says , Haynes takes this course to destroy innocent persons for his own preservation . Mr. Ever . Besides , he told me , there is a Judgment impending upon the Nation , said he , either upon the King , or upon the people , I know not which ; but these Irish mens swearing against them , is justly fallen upon them for their Injustice against the Irish in outing them of their Estates . Coll. So he did it then by way of revenge . For his Country-men , I have nothing of their Estates , I am sure ; therefore they had no cause to swear against me . But , Mr. Everard , have you any more to say concerning any of them ? Mr. Everard . No more concerning those persons that have sworn against you , I can say no more . Colledge . As to Dugdale or Turbervile ? Mr. Everard . No indeed . Colledge . As to this Presbyterian Plot , Sir ? Mr. Ever . If the Court does allow concerning other persons ; but I would not intrude any thing but what the Court shall think fit . Colledge . I know not but they may come in against me ; therefore pray tell what you know . Mr. Everard , do you know any thing more ? Pray let me know what you know . Mr. Everard . Nothing of any person that hath appeared against you as yet , but what I have told you . Coll. They may do , Sir. L. c. just . And then we may properly hear him to them , and not before . Colledge . I desire to know who they are ; pray let me know their Names . Mr. Everard . Fitzgerald . L. c. j. He hath been no Witness here . Coll. Call Thomas Parkhurst . L. c. j. What do you ask him now he is here ? College . What do you know concerning Mr. Dugdale ? Mr. Parkhurst . Sir , the latter end of the last November , when the Parliament sat at Westminster , several times Mr. Dugdale having promised me his further Narrative to publish , which he printed , I met him several times ; one time I met him at Richard's Coffee-House , and it was towards the evening before we went away ; he told me and Mr. Symonds , that he was to speak with Dr. Tongue ; and he told us , that this Dr. Tongue did lie at Mr. Colledge's ; and he having spoken the day before , and several times , of the danger he was in of his being assassinated by the Papists , M. Symonds and I offered to go with him , we took a coach ; for we did not know where Mr. Colledge lived : he had then a Rheum in his Eyes , and was not well ; so we accompanied him to Mr. Colledge's to speak with Dr. Tongue . It was evening when we went ; and whilst we took a pipe of Tobacco , in our discourse we were speaking of the times , and of the danger of the Papists ; so Colledge took down a steel Hat that hung up there , which he said he had , and he said he had a quilted Coat of defensive Armour , and he said he had a Blunderbuss in his House , and two Pistols . But I little thought of any thing of this , neither did I know well what I was subpoena'd down for : But these Arms I saw in his House , and it was only in discourse that he was provided against the Papists ; so I put the steel Hat upon my Head and pulled it off again , and so did Mr. Symonds . Colledge . Did I say any thing , Sir , who I had those Arms against ? Mr. Parkhurst . At that time there was no discourse in the world , but of the danger from the Papists ; and he said he was provided for them , if they did come to make any disturbance . L. ch . Just . When was it , Sir ? Mr. Parkhurst . It was about the latter end of November . I have the Narrative that I printed , which was the 23th or 24th ; and I have no directions but that to remember the time . So we carried Mr. Dugdale . home again in a Coach and gave him a pint of Wine at his Lodgings . L. ch . just . This does not contradict Mr. Dugdale at all . Mr. Parkhurst . Mr. Dugdale does own this for a truth . Mr. Serj. jeff. So may any body own it . Colledge . Where is Mr. Symonds ? Pray , Sir , what do you know of Mr. Dugdale ? Mr. Symonds . What about , Sir ? Colledge . I have your Name here , Sir , but I know not for what . Mr. Symonds . I can say the same that Mr. Parkhurst did ; that I suppose is the busisiness . All I know of it is this : I was with Mr. Parkhurst and Mr. Dugdale at Richards Coffee-House some time in November , I think it was about the printing of Mr. Dugdales further Information ; and Mr. Dugdale was saying Dr. Tongue had sent for him , but spoke as if he was fearful of some danger in going alone ; so we proffered to go along with him , and we took a coach at the Coffee-House-door , and went with him to Dr. Tongue , who lodged at Mr. Colledges . When we came into the Room , Mr. Parkhurst and I thought fit we should in civility withdraw , which we did ; and Mr. Colledge brought us down into another Room , where we sat and took a pipe of Tobacco , and talking about the common discourse of the times , about the Papists and the danger from them , there hung up in Mr. Colledges Room some Arms ; what they were , I dare not charge my memory with to swear particularly , but I do think there was a Silk coat of mail , and there was a cap of steel , and , as I take it , it was covered with cloth or some such thing ; what else I can't well say : I think there was a Blunderbuss and a case of Pistols : And all the discourse that I remember then , was only this ; Speaking of the Papists , and some fears as if there would be an Insurrection amongst them , said he , Let the Papist Rogues begin when they will , I am ready to defend my self for one . This is all I know . Colledge . Pray , Sir , how long ago was this ? Dr. Tongue died before Christmas at my House . Mr. Symonds . I cannot tell exactly when it was ; but during the Session of Parliament I am sure it was , and as I take it , in November the latter end . Coll. So then , pray , my Lord , see that these Arms they charge me withal , were provided before Christmas . L. c. j. But there is nothing that contradicts Dugdale's Testimony in this . Coll. It does sufficiently contradict him . L. c. j. I do not see that this does at all contradict what he hath said ; but do you observe what you will upon it , when you come to make your Defence . Stranger . A Gentleman below desires you to call Mr. Yates . Coll. Pray , Sir , what do you know concerning Dugdale ? Mr. Yates . I know that Mr. Dugdale sent for me to a Coffee-House to bespeak a Pistol for you , and told me that when I had made the Pistol , I should deliver it to Mr. Colledge . and Mr. Dugdale promised to pay for it when I had done it . Now some time after I did some small matter for Mr. Dugdale , cleaned his Pistols , or some small business ; and Mr. Dugdale asked me if I would drink a pint of Wine , which I agreed to ; and being at the Tavern , Mr. Dugdale asked me if Mr. Colledges Pistol were done . I told him no , it was not as yet . So I asked Mr. Dugdale , because he had promised to give Mr. Colledge a Pistol , what obligation there was betwixt Mr. Colledge and him , that he should give him a Pistol ? to which he answered , that Mr. Colledge had been serviceable to him in lending him a pair of Pistols to ride withal sometimes . So he gave him a Pistol to satisfie him for the wearing of his Pistols now and then . I thought , said I , Mr. Colledge did impose upon your good nature too much , not but that I believe Mr. Colledge is a very honest man , and stands up for the good of the King and the Government . Yes , said Mr. Dugdale , I believe he does , and I know nothing to the contrary . Mr. Att. Gen. When was this ? Mr. Yates . A little after the Parliament sat at Oxford ; for I never knew Mr. Colledge before Mr. Dugdale set me a work for him . Coll. Mr. Yates , pray was there nothing in the Coffee-House about one that he asked to go with him , when he said he knew nothing against me ? Mr. Yates . I heard one say — Mr. Ser. jeff. You must speak your own knowledge , you must not tell a tale of a Tub of what you heard one say . Yates . I heard it affirmed — Mr. Ser jeff. But by whom ? Yates . By a person in the Coffee-House . Ser. jeff. Who was that person ? Yates . By one of the Servants of the House . L. c. j. That is no Evidence at all : if you know any thing of your own knowledge , speak it . Ser. jeff. Is he here ? Yates . No , I think not . Mr. ju . jones . How long do you think we must sit here to hear other peoples stories . L. c. j. If you know any thing of your own knowledge , I say , speak it . Mr. Att. Gen. Pray let me ask you that question again : When was this that he said he believed he was an honest man ? Yates . It was about three weeks after the Parliament sat at Oxford . Coll. Then he does me wrong now ; for if I were an honest man then , it cannot be true that he says of me . L. c. j. Who do you call next ? Colledge . Pray , my Lord , who hath been sworn against me ? L. c. j. There is Stephen Dugdale , John Smith , Bryan Haynes , Edward Turbervile , Sir William Jennings , and Mr. Masters . Colledge . Call Mr. Clayton . My Lord , at his House it was I lay in Oxford , and that Dugdale says I spake some of the Treasonable words : Pray Sir , do you know what time I came to Oxford ? Mr. Clayton . I remember it very well , it was at the time the Parliament sat at Oxford , about two or three days after it began . Coll. Pray what Arms did I bring to your House , Sir ? Mr. Clayton . As to the matter of Arms , ther was no other but a Sword and a pair of Pistols ; a pair of Pistols in his Holsters , and his Sword by his side . Mr. Att. Gen. Was there no Silk Armor ? Mr. Clayton . I saw none , if it please you ; such a thing might be . Coll. My Lord , I continued at his House from my coming in to my going out , and that was till after the Parliament was Dissolved ; and I came after they were sat : But heark you , Mr. Clayton , Mr. Dugdale says he was with me at your House : Did you ever see him there ? Mr. Clayton . I remember I have seen Dugdale at my House , but never in your company . Colledge . Did you sell any mum ? Mr. Clayt . No , I never did sell any in my life . Colledge . Because he says we had mum there . Mr. Clayton . I never saw him there with you , nor changed any word with him , as I know of . L. c. j. Was he never in the company of Colledge at your house ? Mr. Clayton . Not that I saw . Mr. just . jones . You don't know all the companies that come into your House . Coll. My Lord , I am told there are some that came from the Town where I was born that know me , and have known me this 24 or 25 years together , if you think that material for me to prove whether I am a Protestant or no. Lo. ch . just . If you will make out that , you may . But 't is your Loyalty that is in question . If you will produce any that can make it appear , that you use to honour the King in your discourse , or so , that is something . Coll. If I am a Protestant , then the design is plain , these men swear to make a Protestant Plot , and turn the Plot off the Papists . Mr. Serj. jeff. What Church do you frequent in London to hear Divine Service ? Colledge . I have received the Sacrament several times , Sir George . Mr. Serj. jeff. When were you last at the publick Church ? Colledge . I hope I may be a Protestant if I have not gone thither ; but however , I do use to go to Church . Lo. ch . just . Well , call whom you will. Colledge . Is Thomas Deacon there ? Mr. Deacon . Yes . Coll. He lives , my Lord , in the Parish where I was born . If you please Mr. Deacon to give my Lord an account what you know of me from my childhood . Mr. Deacon . I have known Mr. Colledge ever since he was a youth , he was born in the Town where I live . L. ch . Just . Where is that ? Mr. Deacon . At Watford , a Town in Hertfordshire . There he lived till he was a man , and married a Neighbours Daughter of mine , and lived there while he had two children ; I never knew but that he was a very honest man , frequented and kept to the Church of England all along , and paid every man his own . Mr. Att. Gen. How long is it ago since he left that place ? Mr. Deacon . I can't directly tell how long it is truely , but I think 't is eighteen years since you left Watford . Coll. 'T is fourteen years ago . Mr. just . jones . You say fourteen , and they say eighteen . Mr. Deacon . I say , I cannot exactly tell . Coll. But Mr. Deacon , I have been in your Country lately . Mr. Deacon . He used to come there once or twice a year generally to see his friends I have heard him delare himself against the Popish Church always very much . L. c. j. Did you never hear him talk against the Government ? Mr. Deacon . No , never in my life . Mr. Ser. Jeff. Nor against the King : Mr. Deacon . Nor against the King. Mr. just . jones . Was he in your Country the last Easter ? Mr. Deacon . I think it was about Easter he was there . Mr. just . jones . Was he at Church there then , and received the Sacrament ? Mr. Deacon . I know not whether he was there of the Lords-day or no : He did quarter at another Town , at Bushy , where he has a Brother-in-law . L. c. j. Well , call another . Coll. Mr. Whitaker . L. c. j. What is your Christian Name ? Mr. Whitaker . William . L. ch . just . What do you ask of him ? Coll. Whether he knows me and my Education . Mr. Whitaker . Sir , I have known him this six and twenty years . I knew his Parents , I know his mother , she lives now at Watford . I have known his behaviour to be very civil and good ; a very good Church-man he was when he lived with us ; and I have inquired , and find he has the same Reputation in the Parish where he last lived in Black-fryers : He was no Jesuit nor Papist , I dare aver ; he hath flouted them & mocked them with their Wooden Gods , and the like ; for he never could endure that Perswasion . L. c. j. He is not questioned for that , but for Treason . Coll. Did you ever hear me speak any thing against the Government ? Mr. Whitaker . I never knew of any ill behaviour of him in my life . Coll. But did you ever hear me say any thing against His Majesty or the Government ? Mr. Whitaker . Never that I know of . I knew him a Souldier for His Majesty , in which service he got a fit of sickness , which had like to have cost him his life ; he lay many months ill , to his great charge . Mr. Serj. jeff. Where was it he was in His Majesties Service ? Mr. Whitaker . At Chatham-business . Coll. It was under my Lord Rochester . But , my Lord , I have a Testimonial under the Hands of seventy people of Watford , to give an account of my good behaviour . Mr. just . jones . He hath been gone thence these eighteen years . Mr. Whitaker . He hath come there almost every half year , sometimes three or four times in a year , because his mother lives there now , and he came to pay his respects to her . His Children lived and went to School with us . L. c. just . Come , who do you call else ? Colledge . Mr. Neal. Mr. Neal. I can say no more than the other men before me . I know the man , he was bred and born at Watford , he lived there several years , he married a Wife out of the Neighbourhood , frequented the publick Worship . L. c. j. How long ago is this ? Mr. Neal. Sixteen or seventeen years ago . But then he used to come once or twice a year into the Countrey . Coll. Did you ever hear me speak any thing against the King or the Government . Mr. Neal. No , never in my life . Coll. How long is it ago since you were in my company last ? Mr. Neal. When you were in Town last I never heard you say any thing that was ill . Colledge . How long is it ago since we were at the White Hart together ? Mr. Neal. It was about Spring . Coll. I said right , my Lord , I was there about Easter . Pray did you ever hear me speak for the King ? Mr. Neal. Truly the discourse we had I never used to keep in my mind , but I never heard him speak any thing against the King or the Government . L. c. j. Were you much conversant with him ? Mr. Neal. When he came down to give his mother a visit , and see his Neighbours , we used always to see one another . Coll. Pray will you call Mr. Tanner and Mr. Remington . [ Mr. Remington stood up . ] Mr. Remington . I say I have known Stephen Colledge these forty years , and I have known that he was always an honest man. He was a Souldier some time , but he always went to Church , was no Conventi●ler ; and used to visit his Neighbours when he came down to see his mother , and was always looked upon to be a very good man. Mr. Serj. Jeff. You say you knew him a Souldier , pray when was that ? Mr. Remington . About the time of Harwich business . That is all I can say . [ Then Mr. Tanner stood up . ] Lo. ch . just . Come , what say you ? what do you ask him Mr. Colledge ? Mr. Tanner . I have known Stephen Colledge from a child forty years , he was born at Watford , his Father worked with my Father , and great intimate acquaintance we had with him , and saw him very often ; I never knew any fault in him , and I never heard a bad report of him in all the Town of Watford . Mr. Ser. jeff. Have you seen him at Church lately ? Mr. Tanner . No , I have not . Mr. Att. Gen. I would fain know whether this man hath been at Church himself ; he looks as if he had not . Coll. I know not whether he hath been at the Church you mean or no ; but he may be an honest man and a Protestant for all that . Lo. ch . Just . Call another . Coll. Mr. Peter Norreys . L. ch . just . What do you ask him , Mr. Colledge ? here he is . Coll. Do you know any thing concerning Mr. Smith ? Mr. Norreys . I was once in the Hercules Pillars , where was Sir William Waller , Macnamarra , Mr. Joy , and five or six of us together ; and Mr. Smith was there , and we were talking concerning the Parliament approaching at Oxon. Mr. Ser. jeff. Tell the Names of the rest . Mr. Noreys . Sir William VValler , Macnamarra , Mr. Ivy , Mr. Lewes , Macnamarra's Brother , and I , and Mr. Smith . Mr. Ser. jeff. Well said ; we don't meddle with any of these , but Mr. Smith . Lo. ch . just . Was John Smith there ? Mr. Norreys . He was there . Lo. Ch. Just . Well , go on then . Mr. Norreys . We were talking of the Parliament at Oxon. Says Sir VVilliam VValler , most of the Parliament-men are afraid to go up to the Parliament . Truly , said Smith , I hope they will be provided to go , if they do go . Says Sir VVilliam VValler , I shall be provided with the rest of my friends ; and Mr. Colledge said , I will go up with the rest of the Parliament-men ; I shall be provided too , says most of the Evidence ; says Sir VVilliam VValler , Will you go along with me , and I will provide you with an Horse ; said he , I have an Horse of my own , and if it please God I will have nothing else to do but to go along with the Parliament , and I will not neglect it . This was all the discourse of the company for that night . Colledge . Did you hear Mr. Smith say any thing against me ? Mr. Norreys . No , not a word at all . Colledge . But this were a material Evidence against others of the Confederates , if they had been examined . Mr. Norreys . My Lord , I was at the Amsterdam Coffee-House the 23. of June last , and there was Mr. Denis Macnamarra ; said he , Will you go , and I will give you a pot of Ale. L. c. j. There is nothing of Denis Macnamarra in question before us . If you have any thing to say against any of the Witnesses that have been sworn , go on with your Evidence , we must not hear stories of other people . Colledge . He would speak against some men that have sworn against me , but are left out for some Reasons I know not . Pray call Mr. Thomas Norreys . Lo. ch . just . What do you ask him ? Coll. My Lord , he knew me in this Country some fifteen or sixteen years ago . Mr. T. Norreys . My Lord , I have been acquainted with Mr. Colledge about sixteen or eighteen years , and he hath always carried himself very civilly and well , and he kept to the Church for a considerable time as duely as any Parishoner did . L. c. j. How long have you known him ? Mr. T. Norreys . This sixteen years . L. c. j. You live in this Country , don't you . Mr. T. Norreys . Yes , at Aylworth . Coll. I was at Astrop-wells last year . I believe Mr. Justice Levins saw me there . Mr. T. Norreys . Yes , I was there with you . Coll. VVe did discourse commonly then concerning the Papists , Pray , Sir , did you find me inclined to the Popish interest ? Mr. T. Norreys . You spoke very much against them . Colledge . Did you ever hear me speak against the King or the Government ? Mr. T. Norreys . No , I never heard it ; for if he were my Brother , I should have discovered it . L. ch . just . How often have you seen him ? Mr. T. Norreys . Very often , and conversed much with him . Collede . My Lord , as to the papers charged upon me that they were mine , I declare I know not of them . Dugdale says I owned them , and the Letter and several Prints ; but , my Lord , I had done my self a great injury if I had done or owned those things he hath charged me withal . I never could make a Picture , nor never did draw a Picture in my life ; and that very person that he says I owned I got it to be Printed by , hath denied it before the King and Council ; for he there testified that he did not know the person that caused it to be Printed . L. ch . just . How came you to have so many seized in your House ? Colledge . My Lord , here is Elizabeth Hunt , the Maid by whom they were taken in , and who can give you an account of it . I cannot deny but that they were in my House ; but that I was the Author , or did take them in , is as great a mistake as ever was made . Call Elizabeth Hunt. I do not know whether Curtis be in Town , but this I am confident , he was examined before the King and Council , and He and his VVise denied it . Lo. c. j. He shall be called if he be here . Colledge . I know nothing of the Printing of them , nor was I the Author of them . L. c. j. They were dispersed by you up and down . Colledge . That they were in my House , I believe , my Lord ; and this woman will tell you how , my Lord. Pray tell the Court how these Papers that are called the Raree-Shew came to be in my House . Eliz. Hunt. A Porter brought three bundles to our House , and asked whether my Master was not within : I told him no , he was not . Said he , these Papers are to be left here : said I , who do they come from : said he , 't is all one for that , you must pay me , and I must leave them here ; so I gave him six pence , and he left the Papers , but I never saw the man since , nor before . And , my Lord , I never read them what they were ; but I saw they were such sort of Prints as those . L. c. j. How long was it before they were seized ? Eliz. Hunt. A matter of seven or eight weeks . Coll. My Lord , it seems they were put in a Box , and left in my Counting-House : I never touched them , but there they staid , for ought I know , till they were taken . L. c. j. You were Colledge's Servant , were you not ? Eliz. Hunt. Yes , my Lord. Colledge . My Lord , I neither knew the Printer nor the Author ; but I heard a man was in trouble about them , upon a By-Law in the Stationers Company Mr. Att. Gen. How came you by that Original ? Coll. Have you it there ? I know of none was produced . But if I were a person concerned , it were no Treason ; and , my Lord , I hope you will do me that Justice , to let the Jury know they are not Treason , none of these Papers . And I do declare I know nothing of the Original , the Printer , nor the Author . Lo. ch . just . You spend time in making observations out of order of time : When you have given your Evidence , then make your observations . Colledge . I confess I may err as to matter of Order , for I was never in this capacity before : But pray do you tell the Court how the papers came there , and all the transactions ; for I was a Prisoner when they came and searched . L. c. j. No , it was eight weeks before you were taken they were left there . Mr. Ser. jeff. Did you tell you Master soon after they were left there ? Eliz. Hunt. No. Mr. Ser. jeff. Within what time did you tell him ? Eliz. Hunt. I believe it was a week or a fortnight . Mr. Att. Gen. Where was your Master all that time ? Eliz. Hunt. He was in the countrey . Colledge . My Lord , I did see them there , I must confess , I do not deny but I saw them there , but I knew not whence they came , nor whose they were ; nor did I ever intend to meddle with them , nor concern my self about them . VVhat have you to say more ? Eliz. Hunt. Concerning Mr. Dugdale , if I may speak . Lo. c. j. Ay , go on . Eliz. Hunt. I went to receive the money of Mr. Dugdale that he owed my Master , and asking him for it , he said he would pay me such a time to morrow morning , if I would come for it ; but when I came , he had not the money ready for me . Sir , said I , I think 't is very hard that you should keep my Masters money from him , and yet you go and swear against his life too : what do you think we shall do at home in the Family , if you keep my Masters money , and he be in Prison ? Said he , there is a great deal of do about my swearing against your Master , more than needs ; but as I hope for Salvation , I do not believe Mr. Colledge had any more hand in any conspiracy against his Majesty , than the child unborn . Here is Dugdale , let him deny it if he can . Dugdale . As I hope for Salvation I did not say so . Eliz. Hunt. Upon my Salvation 't is true what I say Stephens . This was the maid that hid her Masters papers when they were searched for . Mr. Ser. Jeff. Be quiet ; art thou entring into dialogues with the maid now . Coll. Mr. Stevens , 't is well known what a man you are to propagate Witnesses . My Lord , she gave me an account of this in the Tower before I came away , that Dugdale desired to speak with Mr. Smith , and told her that nothing that he had to say would touch my life . Eliz. Hunt. As I am alive 't is true . L. c. j. Mr. Dugdale denies it now . Eliz. Hunt. He is not a right man if he denies it , for he told it me twice . Colledge . I told Mr. Smith of it , when he had leave to come to me : I told him what the maid said he had said to her , and this was three weeks ago ; said he , I will speak with him with all my heart , if he has a mind to speak with me ; for he hath said that he hath nothing against her Master that can touch an hair of his head , nor nothing that can touch his life ; that he knew nothing of a Plot or contrivance against the King ; and if I could help it , I had as lieve have given a hundred pound I had never spoken what I have . This he said to her . L. c. j. You tell her what to say . Eliz. Hunt. Sir , he does not tell me ; for Mr. Dugdale said those very things to me . Coll. This is an account I had when I was a Prisoner ; I could not direct her . L. c. j. Do you deny what they say to be true , Mr. Dugdale ? Mr. Dugd. My Lord , she came to me for money , I told her I had it not ready , but would pay her ; and in the Shop , before the Apprentice boy , she desired of me that I would write two or three words what I had to say against her Master , and I told Mr. Graham of it . So , said I , I cannot tell , I have not the papers , nor what informations I have given against him . So she came again the next morning , and she was at me to write down what I said . I wonder , said I , your Master will send you ! had not he as good send Mr. Smith , who is his counsel ? And this was all the words we had . Eliz. Hunt. My Lord , I do solemnly assure you , he said he would write down what he had said against my Master , and would fain speak with Mr. Smith ; for there was more ado made about it than needs . Dugd. Mr. Graham can tell what it was ; for I came and told him immediately . Lo. c. j. Did you tell her you had nothing to say against her Master that would touch his life ? Dugdale . I could not say that I had said nothing against her Master , for she asked me that I would write down what I had said ; but I told her I knew not what was Treason , that must be referred to the Court. Mr. just . jones . Did he speak it openly or privately to you ? Eliz. Hunt. He did not speak it aloud ; no body heard him but my self . Dugd. It was in the Shop , and the Apprentice-boy was by . Mr. just . Levins . Was this after he had been at the Old-Baily , or before ? Eliz. Hunt. Yes , it was after he had been at the Old-Baily , and after he had been at Oxon. too . Mr. just . Levins . Then it was before the Court , what could be made of it ? Coll. She had gone forty times for the money I had lent him out of my pocket , and I lent him that when I had little more for my self . Eliz. Hunt. I did tell him , Mr. Dugdale , if you can't let me have my Masters money , if you please to tell me what you have made Oath against my Master . Said he , I can't let thee have it now , but thou shalt have what I have to say against him ; I will draw it up in writing , and thou shalt have it to morrow-morning . The next morning I came to him again , and , said I , I am come again , what must I do ? Said he , I have no money , such an one hath not hoped me to it . Sir , then said I , I hope you will be as good as your word , to let me know what you have made Oath against my Master . Said he , I was about it yesterday , but could not do it : But , Sweetheart , said he , ( and took me by the hand ) I will give you a copy of it to day at ten of the clock ; and if I do not , I will tell it thee by word of mouth . So I came to the House at ten , and staid till eleven , but did not see him . Mr. just . Jones . You had a great mind to be tampering . Eliz. Hunt. The first time , he asked me who was his counsel ; I told him , Mr. Smith ; then , said he , I have a great desire to speak with him : So I told my Master of it . Colledge . My Lord , you see it is but black and white , all this whole contrivance upon me : she hath proved I knew nothing of these papers , and indeed I did not . Lo. c. j. Do you call any more Witnesses ? Colledge . There is my Brother-in-law that received those papers . Call George Spur , and Sarah Goodwin . ( Mrs. Goodwin appeared . ) Colledge . Do you know any thing of the papers that were carried to my Brother George Spur ● ? Mrs. Goodwin . Yes , I do . The Saturday after my Brothers confinement , about eight of the clock in the morning , I having heard of it , came into the House , and in a quarter of an hours time in comes a Waterman , and desires an handful or two of shavings . I knowing not who he was , nor what he desired them for , told him he should have them ; so he went up to the working-shop togather them , for he pretended that to be his business . L. c. j. Whose Waterman was it ? Mrs. Goodwin . A Waterman , I suppose , that belonged to His Majesty , for he had a Coat marked with R. C. Coll. This is after I was in custody . Mrs. Goodwin . Yes , it was the Saturday after . So no sooner had he the shavings , but he goes out of the Shop , and comes in again with three of his Majesties Messengers , and they made enquiry after papers , and I being innocent of concealing any papers , or any thing , said I knew of none ; so they came to one box that had the Tools for the men to work with , and they demanded the keys : I told him , I knew not where the keys were : So they went to the next , and found it open , but nothing did they find there ; there was a Bed wherein formerly my Brother's Servants did lye . Said one to the other , look well whether there be not something hid in that bed ; said I , I suppose there is no such thing as you inquire for : if you please , you may take off the clothes , and gave them free toleration to look ; but for the chest , I would not deliver the keys , because the man was not there that owned it . In their searching they flung down the Wainscote , and did a great deal of damage to his Goods . Gentlemen , said I , I suppose you have order to search , but none to spoil a mans Goods . When they were gone , having found none , they threatned , God dam them they would have them , for there they were . But I being ignorant of the concealment of the papers , I requested the Maid and my Brothers Son , whether they knew of any papers , and they satisfied me they knew of some prints that were brought by a Porter , to be left at my Brothers , but they knew not whence they came , nor what they were : and the same answer gave my Brother's Son , that he did not know whose the papers were . But since his Fathers confinement , they were laid up sure and safe , for they knew not what they concerned . Upon this , my Lord , my Brother in-law George Spur , he comes into the House , and if it please your Honour , I requested him to carry them into the Countrey to his House , to secure them till we knew what they did concern , and who they did belong to . Whereupon he replied , my Lord , that he was fearful to carry any thing out of the House ; said I , if you will please to take them of me , I will carry them out of the House for your security , because his Wife looked every hour ( being with child ) when she should be delivered , and he was fearful of troubling her . So I carried them out of the House , and delivered them to him . L. c. just . To whom ? Mrs. Goodwin . To my Brother-in-law Mr. George Spur. So at my going out , after I had delivered them to him , in my way back again . I found a small Paper-book , and a small parcel of Writings ; who dropped them , or who laid them there , I cannot tell . But taking them up unadvisedly , I put them among the Prints , which I carried out ; I delivered them to my Brother-in-law . This is all I have to say as to the papers . Stevens . Three parts of what she hath said is false . Mr. Serj. jeff. Well , hold you your tongue . Stevens . Mr. Atterbury is here , my Lord , that searched the house . Atterbury . Be pleased to give me my Oath , I will tell you what passed . Mr. Att. Gen. We don't think it material , but you were sworn before , stand up . L. c. j. Tell the manner of finding the papers . This woman gives us an account of a Waterman that came in , pretending to fetch shavings — Atterbury . Upon my Oath it was not so . The Waterman was a Waterman that brought me and two more of my Fellows , and the Waterman followed us into the yard , but came after us : and being ordered to look for papers , I did search the House ; for I had Intelligence that there were papers there , but I did not find them there . But upon finding the first papers , I made the more diligent search , but could not find the rest I most chiefly sought after . Mr. Serj. jeff. Did the Kings Waterman take any shavings by himself ? Atterbury . We were all together , we did not move out of any one Room , but together ; this Gentlewoman was in the House when I came , and there was a little child , a girl , and this maid was there . Mr. Serj. jeff. Did you come for shavings there , Mr. Atterbury ? Atterbury . No , I did not . Mrs. Goodwin . The Waterman did though first . Coll. Call George Spur. ( But he did not appear . ) But Mr. Atterbury , before you go down , pray tell the Court , did you take any of these papers at my House , or at my Brother-in-law Spurs House ? Sewel . My Lord , I took the papers , and I took them at Bushy at Spurs House . And this woman carried out one half to Spur , and the maid carried out the other . L. c. j. When did he carry them ? Mrs. Goodwin . The same day they searched for them , for my Brother came in at the same time . L. c. j. How do you know Spur carried any ? Mrs. Goodwin . He carried none out of the House , I carried them out of the House and delivered them to him . Lo. c. just Then they were in the House . Mrs. Goodwin . They were in the Counting-House ? Coll. My Lord , if they were in any other place , I know not how they came there , for this was done after I was a prisoner ; and Sewel says they were removed when I was a prisoner . Where is George Spur ? Mr. Ser. jeff. It is admitted they were at your House , and taken thence , and afterwards carried to Spurs . Colledge . They carried them abroad , and handed them from one to another , and took them into the Countrey , I know not what they did with them ; but my Lord , I neither know the Printer nor the Author , I declare it upon my life . L. c. just . Have you any more Witnesses ? Colledge . No , my Lord , I have not . L. c. j. Will you that are of Counsel for the King call any more ? Mr. Att. Gen. One or two if you please , my Lord. Call John Shirland . And it is to this purpose , it seems very lately Mr. Bolron would have tempted him to have forsworn himself . Colledge . My Lord , I hope , if they bring in any persons of new Evidence , I may have leave to contradict them . L. c. j. You need not fear but you shall be heard to them . Mr. Att. Gen. We shall prove Bolron to be a Subornor of Witnesses ; and that the Jury may know what he is , he and Mowbray have gone to give Evidence at several Trials , and the Jury would never believe them when they were upon their Oath . Mr. Ser. Jeff. I think it needs not , time hath been spent enough already . Coll. No whispering , good my Lord. Sir Geo. Jeff. Good Mr. Colledge , you are not to tell me my duty here . Mr. just . jones . It is not lawful for the Kings Counsel to confer together ? Coll. Not to whisper , my Lord , all ought to be spoken out . L. c. j. Nothing ought to be said to the Jury indeed privately . Mr. Att Gen. But shall not we talk among our selves ? Coll. No , I hope , not of any thing that concerns my Trial. Mr. just . jones . You are deceived in that . Colledge . I think t is Law , that all ought to be publick , I beg your pardon if I am in the wrong . Mr. Att. Gen. Swear John Shirland . ( Which was done . ) Pray give the Court and the Jury an accompt of Bolron , what you knew of him . Shirland . Bolron my Lord , last Whitson-Tuesday , would have given me ten pound and an Horse to go down and swear against Sir Miles Stapleton . I was to swear I was suborned by his Friends , and several other persons , which I have discovered upon my Oath . L. c. Just . Is this man sworn ? Mr. Att. Gen. Yes . Lo. c. just . Now call Bolron to confront him . Colledge . He offered you an Horse , as much as I offered Turbervile an Horse , and I never offered Him an Horse in the world . [ Then Bolron appeared . ] L. c. j. Is this the man , Shirland ? Mr. Att. Gen. Did he give you Ten pound to swear ? Shirland . He bid me Ten pound and an Horse to swear against Sir Miles Stapleton . Mr. ju . jones . Did you ever see him , Bolron ? Mr. Bolron . Yes , my Lord , he was to have been a Witness against Sir Miles Stapleton , and he pretended that he was suborned by Sir Miles , or some of his friends . Coll. What are you , Sir ? Mr. Bolron , what is Mr. Shirland ? Mr. Bolron . He is a man lives by his Shifts : He hath been whip'd in Bridewel . Colledge . Do you know him , Sir ? What is he ? Mr. Bolron . Even an idle man. Shirland . You , once when you saw me , drew your Sword on me , because I would not do as you would have me . Mr. Bolron . I profess , my Lord , 't is not so . Mr. Att. Gen. Here is Mr. Smith , hear what he says against Mr. Bolron . Mr. Smith . As we were coming up along , he was speaking to me of Colledge , and told me , he had as much to say against him as any body ; and if I would speak for him , he would evidence againce Sir John Brookes for a discourse at Ferry-bridge . Mr. Bolron . I never did hear any such thing . Mr. Smith . No man in your own Country will believe you . Colledge . They believed you no more , it seems neither . L. c. j. Do you call any more Witnesses , Gentlemen ? Mr. Ser. jeff. No , I think , we need not . L. c. j. Look you , Mr. Colledge , as I understand it , the Kings Counsel will produce no more Witnesses . You may make what Observations you will upon the Evidence to the Court , and then must them make what Observations they will to the Court ; and then we will give the Charge to the Jury . Colledge . My Lord , I have only innocence to pleade ; I have no Flourishes to set off my Desence . I cannot take the Jury nor the Court with an Oratory ; I am unhappy in those things . But , my Lord , I do declare , as to my own particular , in the presence of God Almighty , that as to whatsoever is sworn against me , as to the seizing his Majesty , providing Arms , or having any Design either at Oxford or London , or any other place in the world , to seize upon the person of the King , or to rebel against the Government established ; I vow to God Almighty , I never had such a thought in me : 't is a truth , my Lord. My Lord , they have sworn desperately against me , and it hath appeared , I think , by very credible persons , that they have contradicted one another . It hath been proved that it was a Design ; that they were tampered withal ; that they complained they were in poverty , that they wanted maintenance ; and they did confess they were tempted to come over to swear against Protestants : and now the Lord knows they have closed with it , and they begin with me . I hope the Jury have taken notice that I have contradicted them sufficiently in what they have sworn ; and that it is not possible , if I had a grain of sence , for me to discover my self to be such an one to Haynes that was an Irish-man , and should speak all the Treason that he hath galloped through at first sight , that as soon as ever I saw him , that I should speak so to him ; I hope you will consider whether it consists with common Reason , when there could be no probability of making any use of him in the world . My Lord , all my Witnesses that I have brought , your Lordship can , and I hope will sum them up better than I can ; for I declare it , I have been so concerned , that I have not been able to write half of it down . But I think there is never a man that hath sworn against me , but hath been sufficiently confuted by persons of integrity and Honesty , men of Principles , and men of Religion ; they are such , my Lord , that make conscience of what they say : they are persons altogether unknown to me , most of them , as to what they had to say ; it was what they offered voluntarily ; and I am certain they have had nothing but their bare charges , if they had that , for their pains in coming hither ; and , my Lord , there is no probability that they should come and attest any thing that is false , for me who am a stranger , for nothing : No man is a Knave for nothing , as I believe these men are not . My Lord , I do declare it , I was bred a Protestant , and I have lived so ; I am so this very day ; I have been a lover of the Church of England , and of all the fundamental points of Doctrine believed in it ; I own the same God , the same Saviour , the same Gospel , and the same Faith ; I never had a prejudice against any man in the Church in my life , but such as have made it their business to promote the interest of the Papists , and such I must beg leave to say there are amongst them : for there is no Society in the world without some bad men ; and these do promote the interest of the Papists , by dividing the Protetestants and allowing none to be true Protestants , but those that are within the Church of England established by Law ; which is a Notion so wide I could never close with that . I never had a prejudice against any man but a Knave in my life . I have heard , I confess , some of the Dissenters , and I have found very honest , just , pious , godly men among them ; men free from Oaths and all Debauchery ; men that make a conscience of what they say : not like some persons that say they are of the Church of England , that carry themselves in their lives and actions , so as that no credit can be gained to the Church by them . My Lord , I have been an hearty man against the Papists ; I have been an hearty man as any person of my condition for Parliaments , which I look upon to be my Birth-right , and under God Almighty , the Bulwark of our Liberty ; and I am sorry if any man should be an instrument to create a misunderstanding betwixt the King and the Parliament : for I always thought I served my Country , when I served the Parliament , and I served the King , when I served my Country . I never made any difference between them , because I thought them both one . I had the Honour to be entrusted by them before , and upon that account I came voluntarily down hither . I rid my own Horse , I spent my own money , and eat my own Bread ; I was not beholding to any man for the value of six pence all the while I was here . My Lord , I have ever since the Plot hath been discovered , endeavered with all my heart , and all my power , to dedect and come at the very bottom of it : I have spared for no time nor pains , what lay fairly in my way , in every thing to encourage those that discovered the Villanies of the Popish Plot against the Life of the King , and for the Subversion of the Religion and Government established by Law. Now certainly it is not strange to the world ; for I think all Christendom is aware how plain the Popish Plot hath been proved . These men that swear against me , were they that used to follow me sometimes ; they would say , it was they that had come to save our lives , and yet we let them want Bread. That argument , my Lord , was so fair , that I thought it unreasonable to see them starve : And I have said sometimes to some honest considerable men , that it was hard they should have this to say of us , that they should want Bread to eat that were the Kings Evidence , to detect a Popish Plot wherein we our selves were concerned ; and that when they had saved our blood in our veins , they should be suffered to starve . And one time , I think , some three or four Gentlemen of the City did give me 42 s. or 40 s. and 8 d. or thereabouts ; which I did distribute amongst them : And they never came to me in my life , but to seek relief , they knowing that I had a general acquaintance . And sometimes they thought it might be fit to petition the Common Council of London to take care of them : Sometimes they would speak to particular men that care should be taken of them . At other times indeed it was not this sort of discourse they had with me ; but they would pretend they had something to discover of the Popish Plot , and so they would apply to me as a man of some acquaintance . And the first time I saw Haynes was upon such an account , the beginning of March last , and it was thus : I was at Richard's Coffee-House at Temple-Bar , where Macnamarra did desire me to go out , and I should hear such a piece of Roguery I never did hear in my life , against my Lord Shaftsbury . So I did go out with them , and I called Captain Brown , who is since dead , to go with me ; and we went to the Hercules Pillars , and Haynes there discovered what I told your Lordship before , a design to destroy the Parliament at Oxford , an Army that was to land in the North , another in Ireland , and the Duke of York was to be at the head of them . My Lord , after I had heard all out , he did desire us all to conceal what he had said till the Parliament sat , and then he would not only discover this , but much more . He at the same time told us , that there was a design of Fitz-Gerald's against my Lord Shaftsbury to take away his life , and he was employed to come to his Cousin Macnamarra to get him over to joyn in the design , and he should never want for money , if he would but come over , and do as they would have him . After he had discovered himself , Sir , said I , you are a stranger to me , and I never saw him before in my days , if he had seen me , I can't tell : But , Sir , said I , either this is true , or this is false . If it be true , said he , 't is all true , and much more . So he up and told us much of Coleman , and of the reconciliation between the Duke of Ormond and the Duke of York , and how he came to be Lord Lieutenant of Ireland , and how Plunket came to be Primate , and by means of whom , and the Letters that passed , and how so much a year was given to Plunket for carrying on the correspondence ; and he told us so much , that I did wonder to hear any man talk after that rate . After I had heard what he had to say , I told him , Sir , said I , this is either true or false that you have said ; if it be true , my Lord Shaftsbury shall know it to night ; for I will not conceal such a thing concerning a Peer of the Realm : and if it were a colour , he should know of it . And I did send him word that night ; and , said I , Sir , you ought to go , for your own security and ours too , to swear it before a Magistrate . Said he , if I should , I should be discovered . Said I , I can't think you will be discovered ; if you swore it before Sir George Treby , or Sir Robert Clayton , they will not discover you . So he agreed he would swear before Sir George Treby , and he did go accordingly ; but he being out of Town , I cannot have the Affidavit to produse it . There was a Letter sent last Saturday-night to Sir George to Bristol , and I hoped he might have been here to day . This was the first acquaintance I ever had with Haynes The next time I heard of him , was upon this occasion : Ivy comes to me in Richard's Coffee-House , and , said he , yonder is the man that made that discovery , which I told you before that Haynes had said to me ; it was about a month or three weeks before the Parliament was at Oxford . After the Parliament was dissolved at Oxford , Ivy comes to me , and I think it was betwixt the two Terms wherein Fitz-Harris was Arraigned and Tried : I know not the names of them , but he comes to me and tells me he had been with my Lord Shaftsbury , and that there was a friend of his that would confirm all that Fitz-Harris had discovered concerning the Murder of Sir Edmundbury Godfrey ; and , says he , my Lord of Shaftsbury hath sent me to you to acquaint you with it . Where is your friend , said I ? He is without , said he . So we went out of the Coffee-House , and when we came out of doors , there was this Haynes : we went to the Crown-Tavern without Temple-Bar , it was in the forenoon . When we came there into the room , he examined all the corners , and cupboards , and places about the room , to see that no body was there . When he thought all was secure , he began to tell me he had been to acquaint my Lord Shaftsbury that there was a friend of his that would discover the whole Intrigue of the murder of Sir Edmundbury Godfrey , all that Fitz-Harris had said , and much more : And he desired me that I would intreat my Lord Shaftsbury to be instrumental to get him his Pardon before he discover'd particularly . Then I told him , I think 't is convenient , said I , that you discover something in writing , and give under your hand what you can say . He was not willing to do that . Can you believe , said I , that my Lord of Shaftsbury will betray you ? Says he , I will not trust any body ; I shall be assassinated . Said I , if you will not give it to any body else , will you give it to Mr. Michael Godfrey , Sir Edmundbury Godfrey's Brother ? you can have no jealousie of Him , that He will ever discover you : said he , if my Lord Shaftsbury will engage to get me a Pardon , I will tell the whole truth : said I , I will go to my Lord and acquaint him : so I went to both my Lord and Mr. Godfrey , and Sir Edmundbury Godfrey's two Brothers both met me at my Lord of Shaftsbury's House . This is the thing that he tells me ; he would have me get my Lord's Protection , and a Pardon for Treason : But the real truth is , He sent me upon this errand : so I came to my Lord Shaftsbury , and the two Mr. Godfreys were in the room ; and after I had told my Lord what discourse I had with Him , says my Lord , Colledge , these Irish-men have confounded all our business ; and thou and I must have a care they do not put a trick upon us ; this may be a trick of the Papists to ruine us ; and if they have such a design , if they will not put it upon you and I , they are fools . Upon your Lordship , said I , they may ; but I am a poor inconsiderable fellow . Says my Lord , I 'll tell you , Mr. Godfrey ; Mr. Colledge hath not only been an Honest man , but a useful and an active man for the Protestant interest . So I told my Lord how far I had gone with Him , and that I desired it might be put in writing : says my Lord Shaftsbury , if he will put it in writing , I will go once again , for I have been since I saw the fellow , with my Lord Macclesfield , and my Lord Chief Justice Pemberton , and my Lord Chancellor , and I have told them that there is such a person in general , but I knew not the man , as indeed my Lord did not ; for only Ivy was the person between them that my Lord knew : And I told them , says my Lord , that he can confirm all that Fitz-Harris has said concerning the death of Sir Edmundbury Godfrey , and that he would prove my Lord of Danby was in it , if he might have his pardon ; and my Lord said , they promised to speak to his Majesty that it might be granted . But some time the latter end of the week I heard it would not be granted ; and both of these men followed me to know what they should do . Said I , my Lord Shaftsbury knows not but that it may be a trick ; and , said I to Ivy , I wonder why he should conceal it all this while , being a necessitous man , and 500 l. proffered by the King in his Proclamation . Why , says Ivy , do you think there is no truth in it ? says I , 't is not my judgment , but my Lord Shaftsbury and Mr. Godfrey's judgment too . He answered me again , Fitz-Harris hath desired he may have a pardon granted for himself and a French-man ; and if so be there were nothing in it , do you think he would move for a pardon ? Says I , did Mr. Fitz-Harris move for Haynes's pardon ? How do I know that , says Ivy again : Fitz-Harris's Wife told me so . Says I , let me speak with Fitz-Harris's Wife , let me hear her say so , and I will believe you . The next day he did bring her to me to my House ; and this was the time and the occasion that brought Fitz-Harris's VVife , and Haynes , and Ivy , and Mr. Fitz-Harris's maid to my House ; and I never saw Fitz-Harris in my days till his Tryal , nor had any communication with him . But , my Lord , she did talk with Haynes , and confirmed it to me , that her Husband had desired a pardon for him : why then , said I , he would do well to discover what he knows to my Lord Shaftsbury ; for I was with my Lord , and he says he will meddle no more , unless he will give it under his hand what he has to say : And he did confess to me in my own yard , for there we were together , that he saw my Lord of Danby come into the Chappel at Sommerset-House , when the body of Sir Edmundbury Godfrey lay under the Altar . L. c. j. Here hath been nothing of this made appear by proof . Coll. My lord , I only tell you which way they introduced themselves into my acquaintance . L. c. j. You may observe what you will upon the Evidence , as we told you ; but you ramble from the matter you are to speak to . And as we told Mr. Attorney , that what he said should go for nothing , unless he made it out by proof ; so must we say to you , what you say goes for nothing , further than you have proved it . Now you have quitted the proof quite , and not spoke to that , but run into other stories . I would have you keep your self to your proofs , and make your observations upon them . Coll. 'T is , as I humbly conceive it , to my purpose but I hope my ignorance may excuse me , if I err . I tell you the truth of things , thus it was . L. c. j. Truth ! Why if yours , or any mans word in your case , should go for truth , no man that stands at a Bar could be convicted ; for every man will say he is an honest man , and all the plausible things in the world . Make you your observations upon the proof that is proper for you to do ; and urge it as well as you can , and to the best purpose you can : but to tell us long stories of passages between you and others that are not a whit proved , that is not usual , nor pertinent . Colledge . I thought it had been to the point , when this man pretends to have a familiarity with me , to shew how his acquaintance begun . Mr. just . jones . Why , do you think ▪ 'tis an answer to him in what he proves upon his Oath ? Have you proved one jot of it ? not that I have heard . 'T is your part to sum up the Evidence on your own side , and to answer that which is proved upon you , if you can . Do that , and we will hear you speak to it as long as you can . But to tell stories to amuse the Jury with that are not proved , and to run out into rambling discourses to no purpose , that is not to be allowed , nor never was in any Court of Justice . Mr. Just . Raymond . Not one of your Witnesses have mentioned any thing that you say . Mr. just . Levins . I wonder , Mr. Colledge , you should forget your self so much : for you found fault with Mr. Attorney at the beginning for opening the Evidence , and you were told , and the Jury were told at your request , that what he said , and did not prove , passed for nothing . But I must tell you , 't is much worse in your case : for Mr. Attorney only opened what he might prove afterwards , but your observations are upon what hath been proved already ; and yet you run out into stories of what hath not been proved at all , after your proof is past . Colledge . Sir , I could not prove this otherwise than by Ivy , who hath been sworn against me . Mr. just . jones . Would you have the Jury to believe you upon your word ? Coll. There is no more than his Oath against me ; and why my Oath , being an Englishman , and a Protestant , should not be taken as well as his that is an Irish man , and hath been a Papist ; I know not . L. c. j. You go upon that ground that your word is to be taken , as appears by your defence ; but I must tell you , all the course of Justice were destroyed , and no Justice against malefactors were to be had , if the word of him that is accused should pass for proof to acquit him . Colledge . My Lord , I have given your Lordship an account of these fellows conversations ; and what other proofs to make , I know not : for I knew not what they would swear against me , and I had not witnesses in my pocket to confront them . Mr. just . Levins . Well ▪ the Jury have heard it over and over again , first upon your request , that nothing is to be taken notice of that is not proved . Coll. Pray , my Lord , then as to Haynes . My Lord , I do observe that there was a witness for me , that did prove he owned he was one that was employed to make a Protestant Plot , and another that did hear him swear , dam him , he would swear any thing against any body for money ; for it was his Trade . Mr. just . Levins . Now you are right ; speak as much as you will as to your proofs . Coll. My Lord , I think Turbervile and Dugdale swear as to the tenth of March Oxon. I desire it may be proved I was in Oxford the tenth of March. Mr. just . jones . You your self came down the middle of March. L. c. j. I do not remember that they said the tenth of March. Coll. Did not the Indictment say so ? Mr. Att. Gen. It is only in the Indictment . L. c. j. As to the time mentioned in the Indictment , it is not material ; that is the constant rule in Tryals upon Indictments ; as if an Horse be laid to be stole the tenth , if it be proved the Prisoner stole it another day , it will be sufficient , the time is not material ; the question is whether the Indictment be true in substance . Mr. Colledge , my Brothers will all tell you that the Law is so . Mr. just . Levins . Though it is laid the tenth of March , yet if it be proved the first or twentieth before or after , it is all one : So the thing be proved , they are not bound to a day . Coll. My Lord , the punctilio's of Law I know not , but it was the twenty fourth or twenty fifth e're I came down . L. c. j. Well , go on Sir. Coll. Dugdale says I meant by the word Rowley , the King. Mr. just . jones . He does so . Coll. How does he come to know , that by that word I meant the King ? L. c. j. That we did ask him , and he says you used so to expound it . Mr. just . jones . Why , look you , He said you and he used to have frequent communication concerning the King and you did most frequently speak of the King by the name of Rowley . Colledge . But I say , my Lord , I never spake of the King by the name of Rowley in my life . Mr. just . jones . You say it , and he swears the contrary . Coll. I don't remember that he says I declared it so , but he said I meant it ; for if I had declared it , then it had been the same thing for me to have named the King downright . Mr. just . Levins . Look you , Mr. Colledge , as to that , when any witness had done his Evdence , you had liberty to cross examine him . L. c. j. Would you have him called up again to clear this ? Coll. Yes , if you please . Lo. c. j. Stand up , Mr. Dugdale . I understood by your testimony , when Mr. Colledge and you discoursed of the King , you sometimes discoursed of him by the name of Rowley , and that he explained that name to be the King. Mr. Dugd. The first time I ever heard what Rowley meant , was from him ; for I asked him what he meant by the name of Rowley ; I heard it before , but I did not understand it . Mr. just . jones . Where was it ? Dugdale . At Richard's Coffee-House . Mr. just . Jones . What was the answer he made you ? Dugdale . He said it was the King. Coll. Upon what occasion did I explain it to you ? Dugdale . Upon the account of the Pictures . Colledge . I know not which of the Pictures has the name of Rowley in it . Dugdale . It was when we were talking of one of the Pictures you brought in Rowley ; and Mac was the Duke of York , and Rowley was the King. Coll. Upon what Picture was it that I took occasion to explain the name Rowley to you ? Dugdale . I am not certain . Coll. Remember you have an account to give as well as I. Dugd. You have so many Pictures that I can't remember them ; you have shewed me more than have been produced in Court. Coll. Where had you that Picture from me that they call Raree-Shew ? Dugd. Truly I received of them twice at Richard's Coffee-House . Coll. Twice , do you say ? Dugd. Yes , two of them at two several times ; for you having promised me one , you brought it according to your word . Colledge . When was that ? Dugd. I did not keep an account of the day of the month ; and another I do remember at the Green-Dragon-Tavern you thrust into my pocket , and Mr. Baldwin was by at that time . And , said he , Mr. Colledge , you will be so open , that you will come to be discovered at last . Coll. Then will I be willing to dye for it , if he and I and Mr. Baldwin were at the Green-Dragon-Tavern together . When was it that I gave you any Pictures there ? was it since the Parliament at Oxon. Dugd. Do I charge you since the Parliament ? Coll. I never saw Raree-Shew before the Parliament at Oxord . Dugd. I do not say it was that ; you gave me one of the others . Coll. 'T is strange you will stick to nothing . VVhen was it we were at the Green-Dragon-Tavern ; Dugd. We were there before the Parliament sat at Oxon , it was since Christmass . Coll. VVhat Picture was it I gave you there ? Dugd. It may be I can't remember which of them it was , it was not Raree-Shew ; I suppose you gave me one of them concerning the Bishops , where you put Bishop Mew kissing the Pope's Toe ; for it was a Bishop with a patch on , and that you told me was Bishop Mew . Coll. I put it , did I make it ? Dugd. You said you were the Author . Mr. just . jones . Mr. Colledge ; Will you consider upon what Mr. Dugdale was called up about , the exposition of the name of Rowley . Coll. I did examine him , and he hath contradicted himself ; for he hath said at the Green Dragon-Tavern I gave him a Picture of Raree-Shew . Mr. just . Jones . He said no such thing , He said he did not know which it was . Colledge . I am certain he meant that then when he spake it ; for he named it before , that he had two from me at Richard's Coffee-House , and one I thrust into his pocket at the Tavern ; and I say I never was at the Green-Dragon-Tavern with Mr. Dugdale and Mr. Baldwyn , nor in the Tavern these three quarters of a year . Mr. just . Levins . Mr. Colledge , you were in the right just now , to manage your Evidence , in opposition to the other Evidence ; go on that way . Coll. My Lord , I don't know well what was said , for I could not hear half , nor write a quarter of it ; but , my Lord , I hope your Lordship has taken Notes of it , and will remember it for me . You are my Counsel as well as my Judges . L. c. j. In matter of Fact we are . Colledge . My Life and your Souls lye at stake to do me Justice ; therefore I hope you will take notice of what I have not had the opportunity to write down . I have observed that every one of my Witnesses have spoken materially to contradict what they have said , to prove that this was done for money , and that there hath been confessions from every man of them ; that they were hired to do it ; that they did it for a livelyhood ; and one of them said ; It was a good Trade , dam him , he would do any thing for money : And I hope then you will consider the improbability , that I should speak to an Irishman who I had never seen before in my life ; and that I should at the first dash utter all that Treason that he gives in Evidence , I think it cannot consist with any mans understanding to believe me to be so● mad or so weak . Mr. just . Levinz . That is as to Haynes only . Colledge . As to Smith now I suppose it does not come within the reach of the Statute ; for the Dinner that was made by Alderman Wilcox was made before last July was twelve-month ; all the Witnesses do say it was before Christmas , and Dr. Oates says it was in the Summer ; I know it by a very good observation , because I went to Astrop Waters after that , and I saw Sir Creswell Levinz at the Wells : Now Sir you were there before this time twelvemonth . So then whatever he says I said to him there , I cannot be charged withal by the Statute , more or less , if I had never a Witness against him ; but I have Witnesses that have contradicted him sufficiently , that he is forsworn in that ; and if so , he is not to be believed in any thing else ; for he says , He & I went to the Coffee-House together , and we discoursed such and such things , which is not above half a Bows shoot , and he made it I say a quarter of a miles discourse ; if I had had all the talk , the discourse could not be so long , tho' he had said never a word : so you see what a kind of Witness he is . And Dr. Oates's Brother did say , that I did go along with Dr. Oates , and offered to be one of his Guard , and I did so , and went along with them , but Mr. Smith he came after . And as to what he says he is sufficiently confuted , that is , about the going into Cabals after Dinner ; for it is proved , that I fell asleep behind the Table , and Dr. Oates was discoursing with Mr. Savage upon points of Divinity ; but I took no notice of it , neither did I see Smith any more , but he went away , and so did the rest of the company . But , my Lord , when Haynes was taken , Smith comes to me that day to my House at the Ditch-side , and sends in a man for me , his man ; I was writing in my Parlour , and drawing the Design for Wainscoting Alhallows Church , a Platform for it ; his man told me , His Master would speak with me , and Haynes was taken that morning : But as I understand since , it was by agreement and his own consent , tho' he hath pretended otherwise . You hear , says he , Haynes is taken ? Yes , says I , I do , he hath been ever since 9 a clock before the Secretary upon examination , and he was till 5 a clock at night examining : said he , I believe he confesses a great deal : Said I , of what ? Said he , of some design of the Protestants : Said I , what , against the Government ? I do not know what they may affright him into ; He is a great Rogue if it be true all that he hath said of himself : He says he was concerned in the Fire of London , and knew of a design to destroy the Protestants then ; of a Rebellion that was to be in Ireland ; of Plunket's being made Primate , and a great many of those things : So that if he speaks truth , he hath been a great Rogue , and as he hath pretended also , he was a great coward . So then I believe he may say any thing to excuse himself : Says Mr. Smith , I wish you are safe . This was the very night before I was taken . Mr. just . jones . Have you proved any thing of this ? Coll. My Lord , Pray give me leave to tell you what is proof . Mr. just . jones . You are not to repeat this , unless you prove it , Sir. Coll. He spake cautiously to me , as if he would have intimated to me he would have had me run away . Said he , I believe you are not safe , I would have you take care of your self , for you were concerned with him . Now , my Lord , if I had been a guilty person , I had time enough to get away ; and to prove this , I can only say this was betwixt him and I. But , my Lord , you hear Dr. Oates says , that this very Smith did swear he would hare my blood , and that was upon this occasion of my vindicating Sampson , whom he had struck and abused ; and I asked why he did it ? Said he , I value no mans life , if he affront me , if 't is any man in England , I value him not . My Lord , upon this occasion the words rise between us ; and when he came out of doors , and was going away Dr. Oates said , He swore he would have my blood , and that was the occasion of his speaking that Blasphemy . L. c. j. Dr. Oates did say so . Mr. just . Levins . Well , you are right now , if you will go on in that way . Colledge . My Lord , this is for Smith and Haynes , that Haynes should say it was a good Trade , and dam him , he would swear any thing for money ; and that Smith should swear , dam him he would have my blood . I cannot sum up the rest of them , for I have not them here . Mr. just . jones . There is Turbervile , and Dugdale , and Smith ; we will help you as to the persons . Mr. just . Levins . Pray keep to the business , and do not run out . Colledge . Pray , my Lord , I have one thing to say about Smith ; He says I shewed him my Arms , which I have had for any time almost these three years , ever since the Plot brake out . I have been armed ready to oppose the Papists , and I did my duty in the City in person in the Trained-Bands , but Smith says these Arms were to destroy the Kings Guards , but he does not prove that I was confederate with any other person , but instead of that there were other persons that say with his own mouth , that he did not believe there was any Protestant Plot ; nay , he did believe I said it only in wantonness . This is all , then how probable was it , that I my self should seize the King , or destroy his Guards . Mr. just . jones . You remember Captain Brown , Captain Chuton , and Don Lewes , Mr. Colledge . Coll. Did he swear they were all in my company at Oxon. Mr. just . jones . Yes , Dugdale did . Coll. My Lord , Captain Brown and Lewes were friends to my Lord Howard , with whom and other company I came down to Oxon. and they lay with me at the Chequer , and they were in my company because they were Guests in the House , and we came along together , but he does not say they were either of them armed more than my self , nor was he ever in company with us ; how then does he know we were in a conspiracy ? Mr. just . jones . Because you told him at London first that they were such persons . Coll. I never saw Lewes in my days till I saw him that morning I came down from Oxon. and Brown I was not acquainted with a fortnight before . This is a truth , but however they have sworn a Plot upon me at Oxon. and then come and prove I declared these were the men , and spoke such and such words at London ; I desire your Lordships Judgment in this matter of Law , whether what be done at London can be sufficient matter of proof in Law to maintain an Indictment against me at Oxon. And if not , they do not prove legally that I have spoken such words . Besides I conceive 't is not a good proof , because there is but one Witness . L. c. j. Yes , look you , there are two Witnesses , Dugdale and Turbervile , as to what you said at Oxon. and two Witnesses as to what you said at London , Haynes and Smith , who testifie what you said you would do at Oxon. Now in case you came to Oxon. with any such intention , that coming to Oxford is an Overt-act , and the Witnesses that speak what you said in London , is Evidence to maintain the Indictment here , and to prove what your intention was . Coll. Does that become an Overt-act if I go to Oxon. upon an honest occasion , any other occasion , though I had said these words before . L. c. j. If you came with that intent to joy with others , and with a real purpose to seize the King , that is the Overt-act , and the words before prove the intention . Mr. just . jones . He declared it himself by his words . Coll. Smith says that about a week after Wilcox's Dinner , I discoursed with him at the Ditch side , that comes not within the compass of the Statutes . Then there is twice of the 3 times he speaks of , the last day I do not remember when it was . Lo. c. just . All was in London that Smith speaks of you . Coll. How comes that to be proof here , then nothing he says is to go for any thing . Mr. just . jones . Nothing will serve your turn ; we have declared our opinions once already , that if the Witnesses swear true , here are two Witnesses ; nay , if one were of what was done at London , and the other of what was done at Oxon. if they be to the same Treason , they be two Witnesses in Law. Coll. My Lord , I observe one thing upon Turberviles Evidence , he swears there was a discourse in the Room when Brown was upon the Bed , but afterwards if your Lordship minds it , he says , I discoursed with him as he and I lay upon the bed . Before he said when Brown lay upon the bed , and in the Room , and afterwards when we lay upon the bed . Mr. just . jones . Both the one and the other . Colledge . But he said first one way , and then the other . Mr. just . jones . Whilst Brown lay upon the bed , and when he was gone , whilst you both lay upon the bed . L. c. just . We will do you no wrong , therefore if you will , Turbervile shall stand up and clear it . Colledge . My Lord , I believe those that have taken the passages can prove he contradicted himself in that . Lo. c. just . He said both . But the Jury have taken notes of the Evidence , and will take notice of it . Coll. As to Mr. Masters , the Evidence he gives was , he says that he and I should discourse of the Parliament in 40. Mr. just . jones . And the justifiableness of the late Kings Death , that they had done nothing but what they had just cause to do . Colledge . He swears that I did say to him , that the late Parliament did not cut off the Kings Head. Mr. just . jones . And you said the last Parliament that sate at Westminster was of the same opinion with that in 40. Coll. I dare appeal to Esquire Charlton , in whose shop the discourse was . I did not know that Mr. Masters was to be an Evidence against me , and truly they have taken that course with me , by which any man may be destroyed with half this Evidence , were they of good credit , let his innocence be what it will. I have been used so barbarously in the Tower , kept from all conversation , and so in an utter ignorance of what was sworn against me ; for else I coud easily have disproved Mr. Masters , if I had been in London , and had liberty to provide for my defence ; but they have taken a course to prevent that , and brought me hither because 't is impossible I should here defend my self . Lo. c. j. You have not offered any Witness to impeach Mr. Masters credit . Coll. Mr. Masters discourse He speaks of was in Mr. Charltons Shop , I durst have appealed to him about it , for I know if he were here he would do me right . Mr. Masters did say the Parliament cut off the late Kings Head. We held a dispute upon that which I was not willing to enter into ; I said they did not , and we did then dispute whether they began the War against His Majesty : I said they did not that I knew of , neither were they the persons , but the Papists that began that War , and that broke off the Ereaty at Uxbridge , and that the Papists carryed it on to that sad issue , and put it upon the Protestants , that they had the odium of it , but it was another sort of men that carryed it on . I said that I did always understand that Parliament to be an honest Parliament , that minded the true interest of the Nation , and much of the same opinion with the Parliament that sate last at Westminster . But before I said this , I said they were persons altogether innocent of the Kings murder , and raising the War against the King , I did always understand that so the Parliament in 40 were . L. c. j. But they were guilty of a Rebellion , and are declared so by Act of Parliament since His Majesty came in . Coll. My Lord , I am unacquainted with the Law , I speak only my own sense of it . And my Lord , I did excuse them as to the murder of the King , and the beginning of the War , that according to my understanding they were not guilty of it , and from thence I did maintain they were an honest good Parliament , and much of opinion with the Parliament that sat last at Westminster , which was for the true interest of the Nation . L. c. j. And was that the true Interest of the Nation , to cut off the Kings Head ? Coll. I did argue that with him some time , and I did tell him that it was the Papists that did all the mischief . Mr. just . jones . But he says no , upon his Oath , that when he had said , the Parliament begun the Rebellion , and the Parliament did cut off the Kings Head , you said the Parliament did nothing but what they had just cause for , and the Parliament that sat last at Westminster was of the same mind . L. c. j. Those were his words . Coll. Pray let him be called again . Lo. c. just . Let Mr. Masters stand up again . Coll. Pray Sir relate the whole discourse that passed between you and I , whether I did not argue with you it was not the Parliament cut off the Kings Head , nor begun the war , but the Papists . Mr. Mast . No , you did not say any such thing . We had a great deal of discourse in the shop , and under the Arch , and the thing that was said , Mr. Colledge , was this . You did say to me that you did justifie the late long Parliament of 40. and then proceedings , and you said they were a Parliament that did nothing but what they had just cause for : said I , how can you be so impudent to say so , when they raised the Rebellion against the King and cut off his Head : said he again , they did nothing but what they had just cause for , and the Parliament that sat last at Westminster were of the same opinion . Mr. just . jones . I did you no wrong in repeating the Evidence , you see , Mr. Colledge . Coll. Did I not first dispute with you that , they did not begin the War , nor cut off the King , but the Papists did it . Mr. Mast . Look you Mr. Colledge , you would have had it the King began the War. Coll. Don't you say so , for I said the Papists began the War. Sir say no more to me than what you will answer to God Almighty ; for I always said the Papists did all the mischief in the late times : and I wonder Sir you would not be so just to His Majesty as to detect me for what I said then , if you did apprehend it to be as you now say ; but I am sure you did not nor could not . Mr. Mast . Mr. Colledge , it was so far from that , that I was afraid it was of dangerous consequence , and I gave some Persons of Honour an accompt of it , and I was sent to but on Friday last , to know what it was was said , and I was desired and commanded to come down hither . Coll. Pray Mr. Masters , you are upon your Oath , do me but Justice , and speak upon your own conscience ; look you to it that you speak the truth . Mr. Masters . I will do you all the right I can in the world . Coll. Then before the Court do you declare whether we did not discourse at that time as I said , for this discourse was at Mr. Charltons shop at the further end . Mr. Masters . No it was at the entrance into the shop , Mr. Colledge ; and did not we go into the Arch and talk there . Mr. Serj. jeff. Mr. Masters don't trouble your self , your Reputation is not upon the level with that Gentlemans . Coll. I desire he may speak the very truth , and nothing but the truth . Mr. Masters . I do as near as I can , and do you no wrong ; you did not in your discourse say the Parliament did not begin the War , nor cut off the Kings Head. Coll. You did say to me they did cut off the Kings Head , and I told you no , the Papists did . Mr. Masters . I think you did say that the Papists had an Hand in it ; but , Sir , you have left out the most material part of our discourse , which was , that you said they did nothing but what they had just cause for . Coll. I do say , and it was my sense always , that the Parliament did not cut off the Kings Head , for they were long out of doors before that came to pass , and a new unhappy War was begun . L. c. j. The War was a Rebellion on the Parliaments part , let us not mince the matter , and so it was declared by Act of Parliament ; and if you argued it after that rate , it shews your temper , and that you are a very ill man ; for they that justifie such things as to the time passed ; would lead us to the same things again if they could . Therefore don't go about to palliate it , ad faciendum populum here , 't is nothing to the matter , but only to shew your principles , and the Jury have heard what Mr. Masters says . Colledge . I was then a child , and do not know all the passages , but I speak my sense . L. c. j. You should not have justified such things . Mr. ju . jones . Who appointed the High Court of Justice that tryed the King and condemned him but the Parliament ? Mr. just . Levins . It was the Garbage of that Parliament I am sure , that is the Rump , but they called themselves the Parliament of England , and the Parliament it was that begun the War. Colledge . My Lord , I did not know , nor don 't know that it is proved yet , that the Parliament were those that did cut off the Kings Head. I don't know , Mr. Masters is pleas'd to say this of me ; but I thought no evil , nor did he understand it so I believe at that time , for he did not seem to take advantage of my discourse . I know he talked violently and passionately with me , as he used to do ; and for Mr. Masters to say this of me now , is a great unkindness ; for I thought he was so much a Gentleman , that if I had spoken any thing that had not become me , he would have taken notice of it then . Mr. Ser. jeff. He did then he tells you . Colledge . Had I known of it , I am sure Mr. Charleton would have done me justice , and set things right ; but this I say , I did first excuse the Parliament from being concerned in the Murder of the King , or that they did begin the War , but the Papists did it : if it were otherwise , it was more than I understood ; and after that I said , I thought that the Parliament that sate last at Westminster , did stand up for the Peoples Rights , after the same manner that the Parliament in 40. did . Mr. just . jones . What , just after the same manner , in raising War and Rebellion against the King ? Coll. After I had discoursed it thus , my Lord , as I told you , it could not be understood that I thought that Parliament would cut off the King's Head : And therefore you that are my Jury , pray consider , and take it all together , there could be no such meaning made of my words ; for I did not conceive that that Parliament were concerned in those things , but were a Parliament that stood up for the rights of the people : Now if it were so , then the Parliament at Westminster were of the same opinion . L. c. j. I tell you , the long Parliaments levying War , is declared Rebellion by Act of Parliament . Coll. My Lord , if there hath been an Act since that says they were guilty of Rebellion , I declare it 't is more than ever I knew before . This is the first time that ever I heard of it . Mr. Serj. jeff. You are a mighty learned Gentleman to talk of those points indeed . Coll. My Lord , I desire to know whether any words that were spoken 6 months before they gave in their Depositions , can be a sufficient Evidence in Law against me now . L. c. j. 'T is upon the Act of the 13th . of this King you speak . Colledge . Yes , my Lord , I take it upon that Statute . L. c. j. I tell you , as to that part of the Statute which concerns Misdemeanors , there is a particular clause for prosecution , by order of King or Council ; but as to that part of the Statute that concerns Treason , it must be prosecuted within six months , and the Indictment within three months after . Coll. VVhat Statute is this Indictment grounded upon ? Mr. just . jones . All Statutes that concern Treason . L. c. j. Upon the Statute of the 25 of Edw. 3. which declares the Common-Law , and the Statute of the 13. of this King , which when you have done , I will have read to the Jury . Coll. Then pray , my Lord , let me ask you one question ; whether the Statute of the 25th . of Edw. 3. does not say that there shall be two positive witnesses to Treason ? Mr. just . jones . No , but there is another that does . Coll. I am ignorant of the Law , and therefore I ask the question . L. c. j. Well , I will tell you , there must be two witnesses in the case , but one witness to one fact at one time , and another witness to another fact at another time , will be sufficient Evidence to maintain an Indictment of Treason ; this was told you in the morning . Mr. just . jones . And it was told you withal , that it was the resolution of all the Judges in the case of my Lord Stafford when he was tryed in Parliament . Coll. They proved fact in that case , writing of Letters , and offering money to kill the King ; but nothing of fact is proved against me , but riding into the Countrey with Arms that I had three years before . L. c. Just . We will read the Statute of the 13th . wherein words are declared to be Treason Coll. I pray it may be read , if you please . ( VVhich was done ) . L. c. j. Look you here , to compass or imagine the imprisonment of the King , and to express it by malicious and advised speaking , when proved by two lawful witnesses , is Treason by this Act. Colledge . Now whether you will distinguish , that there must be two witnesses to distinct places or times , or whether the Statute intends two witnesses to every particular fact and words . L. c. j. We told you our opinion before , that one witness to one fact , and another to another of the same Treason , was sufficient . We are upon our Oaths in it , and speak not our own opinions , but what hath received publick resolution in cases of the like consequence . Coll. VVhat lies before these Gentlemen of the Jury , as done at Oxon. 't is but upon a single testimony . Mr. just . Levins . Nay , Mr. Dugdale and Mr. Turbervile both swear the same thing , your design to seize the King at Oxon. And it would be the difficultest thing in the world to prove Treason against any man , if the Law were not so , and a man might commit all sorts of Treason securely ; for to be sure he would never say the same things before two witnesses in one time , and the King would be in no sort safe ; for there would never be two witnesses to one and the same thing : but that hath been resolved often and often , over and over again , particularly in my Lord Stafford's case , as you have been told . Coll. My Lord , you say the King is not safe upon those terms , and no private man is safe in the other way . Mr. just . Levins . We say that the Law is so , and there is good reason for it . Mr. just . jones . We must not alter nor depart from the allowed received Law. L. c. j. I say the thing hath been considered in other cases , and the Law hath been adjudged and setled . It was so resolved in my Lord Stafford's case , when the Judges , by the command of the Parliament did deliver their opinion upon that point moved by him . Coll. There is nothing of Fact proved against me but a pair of Pistols , a Sword , and an Horse . Lo. c. j. We have told you the Law , and answered your question . Colledge . But as the case stands , if that be the law , all society and conversation must be ruined by it . Mr. just . jones . Pray go on , when do you think we shall have done else ? Colledge . However I do not insist upon that so much , as that the testimonies and oaths of these men are altogether invalidated , by substantial persons that have here testified against them . I do declare upon my salvation , ( I have nothing else to say ) I am wholly innocent , and the Jury are my Judges ; and I beseech them , as they will answer me at the great day of Judgment , where they must appear as sure as I stand at this Bar now , that they do me right , and go according to their own consciences ; for if a man shall be sworn against by such fellows as these are , no man is safe . Mr. Ser. jeff. The worse , the better to be trusted by you . Colledge . I am sure it cannot be thought by men of common reason , that I should speak Treason at that rate that they have sworn , and to such men , men of their profession , Irishmen , and Papists , Traytors , that have declared they have been in all manner of Rogueries , Murders , Plots , and Treasons . Therefore , my Lord , I cannot do any more for my self , because I have no notes , and cannot recite what hath been said for me , or against me , but I do depend upon your Lordship , and I hope you will inform the Jury rightly , and do me justice ; and I do pray the Jury that they let their consciences be satisfied , as they are English-men , and as they are Christians , to consider how the case lyes with me , whether there has not been more occasion of talking of late , and whether a slip of the tongue may be called a premeditated , malicious , advised speaking , I mean my discourse with Mr. Masters . He talked with me as hot as fire , he was so violent , and I did discourse him at that rate I have told you , and that is truth , as I have a Soul to be saved : I did excuse the Parliament , that as I understood it , they had no hand in the beginning of the War , or the murder of the King. My Lord , as for the rest that have sworn against me so desperately , I must say , that if the Jury did not as well consider my Evidence as theirs , yet they might well consider , whether it consists with common sense and reason , that I should speak to these men after this rate , when I could lay no obligation upon them , nor have any confidence in them ; necessitous persons , that could not assist me one mite , men that were beholding to me to borrow money of me , and that eat of my cost , that I had always been obliging to , and not they to me . But I hope I need insist upon this no further , the whole Nation is sensible what is doing , and what this does signifie : They have begun with me , in order to the making of a Presbyterian Plot , which they would carry on to stifle the noise of the Popish Plot ; and this is not the 1st , the 2d . nor the 10th . time that they have been at this Game ; how many Shams have they endeavoured to raise — Mr. Att. Gen. Who do you mean by they ? Colledge . The Papists . Mr. Att. Gen. There is nothing of Popery in the case , they are all Protestants . Mr. Just . jones . They are all persons that have lately receiv'd the Sacrament . Colledge . They were all Papists , and I believe are so still ; for Mr. Dugdale did justifie to me the Church of Rome in several things : And when I told him that they were all Knaves and Fools that were of that Religion , he told me , that many of their Priests were holy good men . Mr. just . jones . Have you proved that ? Coll. I can't prove it , it was betwixt him and me , my Lord. Mr. just . jones . Then I hope you have done . Coll. If I had sworn against him , he had stood in my place . L. c. j. Have you done , Mr. Colledge ? Colledge . My Lord , I only desire the Jury to take all into their serious consideration ; I expect a storm of thunder from the learned Counsel to fall upon me , who have liberty to speak , and being learned in the Law , understand these things better than I , who must defend my self without counsel . I know not whether it be the practice in any Nation , but certainly 't is hard measure , that I being illiterate and ignorant in the Law , must stand here all day , they being many , and taking all advantages against me ▪ and I a single person , and not able to use one means or other either of writing or speaking . But Gentlemen , I do declare and protest , as I shall answer it at the day of judgment , that as to what these people have sworn against me either as to words , or as to any manner of Treason against the King , the Government , the Laws established , I take God to witness I am as innocent as any person upon earth . And therefore I must beseech you be not frightened nor flattered , do according to your judgments and your consciences ; you are to be my Judges both in Law and Fact ; you are to acquit me , or to condemn me , and my blood will be required at your hands . And whatsoever is said to you by others , you are my true Judges , you must give an account of the Verdict you give ; and therefore you must see that you do Justice , as you will answer it at another Bar , where you must all certainly appear , and the Lord Almighty direct you that you do me true justice , and I ask no more . Mr. Sol. Gen. May it please your Lordship , and you Gentlemen of the Jury . Here hath been a great deal of time spent , and truly I think for no other reason but to divert you from the matter that is before you , and that you might forget the Evidence that hath been given . And therefore I will briefly repeat it to you , that I may refresh your memories about what hath been sworn . Gentlemen , the Crime charged upon Mr. Colledge is High-Treason , in imagining and compassing the death of the King ; the proof of that hath been by a conspiracy to seize the King here at Oxon. which conspiracy he declared he was in , by shewing Arms prepared for that purpose , and by coming down to Oxon. with that intent ; this is the proof of his design to kill the King. Colledge . Is the conspiracy proved of that Mr. Solicitor ? L. c. j. Mr. Colledge . We have had a great deal of patience with you , you have spent a great deal of time , you must contain your self now , and let them go on . Colledge . Do not let him do me wrong , my Lord. Mr. Sol. Gen. I will do you no wrong , Mr. Colledge . Coll. Sir , there is no conspiracy proved . L. c. j. Look you , Mr. Colledge , you have taken up a great deal of time , and we have had much patience , because we consider your condition , and had rather hear too much than be hard upon you ; and because the Evidence was long and difficult to repeat , now we have heard you , you must have patience to hear what the King's Counsel repeat , and observe upon it . Mr. Sol. Gen. As I was saying the fact that is charged upon him , is a design to kill the King , the manifestation of that design is by preparing Arms to that purpose , and by coming down to Oxon. to seize the King here , and that this was his manifest intent to seize the King , the proof of it hath been by witnesses , that I think by and by you will have no objections against . These witnesses were Dugdale , Turbervile , Smith and Haynes , these are the most material witnesses to the Treason ; there are two other witnesses indeed , but they are to other circumstantial matters that I will take notice of to you by and by , and make my observations upon them in their proper place . Mr. Dugdale was the first witness that was produced , and his Evidence is very full , he proves that Mr. Colledge declared to him at the Coffee-house here , that he was come down with an intent to seize the King , that he had an expectation something would be done , that he was armed , and that he did advise Mr. Dugdale to be armed too , for he was provided for the rooting out of Popery , which he explained himself what he meant by it , that was the Church of England , and the King and all his Adherents . He came hither armed for that purpose Gentlemen , and did advise Mr. Dugdale to arm himself too , that he did declare to him the King was a Papist , and all his Family were Papists , He was as deep in the Plot , and as guilty of the Murder of Sir Edmundbury Godfrey as any body else . This was what he declared to Dugdale here , and this he swore to you when he gave his Evidence . The next Witness is Mr. Turbervile , and he is positive to the matter that is laid in the Indictment , and swears to you expresly , that he did declare to him at the Chequer-Inn , that they came down here in expectation of some sport , that something would be done , that they did expect the King would begin with them , but if they did not , they would begin with him , and they would secure him till they had brought him to a complyance . He shewed him his Arms , that he was ready to ingage in that design , and advised Turbervile to be ready too . And the rather than Turbervile should not be ready , he offered to procure him an Horse . Colledge . Every man had the same Arms that I had , and I had had them long before that time . Mr. Sol. Gen. But every one had them not with the same intent , but Gentlemen , because Mr. Colledge interrupts me with an Objection , I will take notice of it now by the way . He says those Arms he had before , and therefore they were not provided for this purpose , Gentlemen , we do not pretend to prove when his trayterous intent first began , and how long this Design has been hatching , but such a Design there was , and such a Design he manifested to be in himself when he made the Declaration to Turbervile , and advised him to arm himself , whether he prepared them against that time or no is not material , if he had them before , and if he had them first innocently , yet if he afterwards designed them for such a purpose , and shewed them in a readiness for it , that is a sufficient Evidence to prove this Treason . So here are two Witnesses you observe against the Prisoner of this matter that is laid against him in the Indictment , an intent to kill the King , they both prove it positively upon him at Oxon. Mr. Dugdale speaks to matters precedent to , for he tells you , his discourse before they came down , that they would come down for that purpose , that they had an expectation something would be done , and therefore he came down in an Equipage not suitable to his profession , for you see he was by Trade a Carpenter or a Joyner , but armed on Horseback with a case of Pistols , things that don't become such men to travel with , and he did declare to Mr. Dugdale for what purpose he came down . The next Witness is Mr. Smith , and Mr. Smith is as positive and full to this matter of Treason as any of the rest . Col. There is scarce a Carpenter or a Joyner in London but hath Pistols when he rides . L. c. j. Mr. Colledge , we must not suffer this , we had so much patience with you that we expect you should be quiet now and not interrupt the Counsel . Coll. My Lord , let me not be overborn upon , there is sçarce a Poulterer in London , but what hath Pistols . Mr. Sol. Gen. We had great patience with you Mr. Colledge , and did not interrupt you I am sure , but let you say what you would . I think I do you no wrong , if I do , I am under correction of the Court , they will reprove me if I do that which does not become me . Mr. Att. Gen. Did not you ramble I don't know how , and yet you were suffered to go on ? Mr. Sol. Gen. He tells you of a discourse as he came from the Coffee-House to go to a Dinner whither he was invited by Alderman Wilcox ; and the discourse was , that the King was as great a Papist as the Duke , and much more to that purpose vilifying the King. The Alderman Wilcox was a man that gave money to buy Arms to bring the King to submission . He objects against this , and says , 't is impossible such a discourse should be , and that all this should be talked in so little a time , as in passing from the Coffee-House to the Crown Tavern without Temple-Bar . Coll. Pray remember whose company it was proved I went in , Mr. Solicitor . Mr. Sol. Gen. But Gentlemen , when you consider , how busie a man he was , and how ready at talking of Treason , you will not think , but that this man might talk much more than this ; but this I mention to do him right , it being one of the Arguments he used ; and to give an answer to it , tho' when you consider it , I believe you will think it not to need an Answer . But I would do him all the right I can , and now you have heard it , you will consider the weight of it . Gentlemen , he tells you of another discourse afterwards that does relate to his being here at Oxon. he tells you he had Arms in his House , and was ready upon all occasions , and he shew'd Mr. Smith his Arms , and told him , these were the things that were to destroy Rowley's Guards , as he said , which by the Evidence is made to appear he meant the King by that name , his Arms he said were for that purpose . That he would go down to Oxon. and there he expected some sport , I know not what sport he thinks there is in Rebellion ; you see what principles he is of , that does maintain and justifie the greatest and horrid'st Rebellion that ever was in England , and says they did nothing but what they had good cause for . He tells Smith that he thought the King would seize upon some Members , and with that expectation he came down , but he was as ready as the King , and would be one in the securing of him , if he medled with any of the Members . This proof Mr. Smith made ; and that after the Parliament was dissolved , he said that the King ran away , and was very much afraid . This is proved by Smith likewise , and this Colledge did declare after he came to Town . Smith proves further , that he did wonder the King did not consider how easily his Fathers Head was brought to the Block ; and for Mr. Colledges part he did declare , that he did believe this King would be served so shortly . And this does confirm what his other Witnesses have spoken of his words at Oxon. Thus then there are three Witnesses , tho' two are enough to convict a man , if they be positive to the Treason . Mr. Haynes . is the 4th . Witness , and he is as full as any of them . I do but repeat it in short ; you have had it so often canvassed by Colledge , that I believe you will easily remember it . He did advise Haynes that he should not value the King at all , for the King should be called to account for all his Actions ; he said he would seize the King and bring him to the Block as they did his Father , with an undecent expression of that blessed King not fit to be repeated . And he said , they did intend when they had cut off him , never any more of his Race should raign ; this it was Haynes says , tho' there are other matters . I would take notice of one thing more , and I need not but mention it , you will remember it , and that is about the Libel of Fitzharris . Haynes tells you upon discourse of that Libel , he said , that every word of it was true , as sure as God is in Heaven . Now that was a Libel made by a Papist , an Irish Papist , who hath been tryed , convicted and executed for it , and the horrid'st Libel it was , that ever was Writ . And this is the Libel which this Gentleman , who is so very conversant in Libels , and Books of that sort , avers to be as true as God is in Heaven . This is the substance Gentlemen of that proof which hath been made to you ; we have other circumstances to prove , that as he came down with that intent to seize the King , and as he expected what he calls some sport , so he did endeavour to begin the sport , he did quarrel in the Lobby of the House of Lords with Fitzgerald , some blows passed , and Sir William Jennings telling him his Nose bled , he did declare , I have lost the first Blood in the Cause , but it will not be long before there be more lost . Thus after he had come down , he endeavoured to begin a commotion ; for from little matters great things do sometimes arise , and when all men were possest with an expectation , such as he himself did declare , he and others came down with an expectation that the Parliament should be attacked ; a little matter might have begun such a commotion which no man knows what end it would have had . Gentlemen , this hath been our proof . Now the Objection made to this proof by Mr. Colledge is , That this is a Popish design to raise a new Plot ; and cast it upon the Protestants , and that these Witnesses are now to deny all the Evidence they have given of the Popish Plot , and throw all upon the Protestants . This is that he would persuade you to believe , but which I think when you do consider a little of it , it will be impossible for you in the least to have such a thought . For what are the Evidence that have proved this ? who are they ? men of credit , that have been Evidences against the Popish Plotters , and against men that have suffered for that Plot , men that still stand to the Evidence they have given , and affirm it every word to be true , and one of the very men that he brought says , that they still stand to it ; for Turbervile who was one of the Witnesses against my Lord Stafford was tempted by some persons to deny the Evidence he had given against the Papists , but his answer was , no , I can never depart from it , I have a Soul to save , that was true which I said , I cannot deny it . If then the Witnesses which he would have you believe to be guilty of denying the Popish Plot , do confirm what they have said as to that discovery , that objection is taken off , and they do stand still to it that every part of it was true , and aver the same thing ; and yet forsooth these men are going about to stifle this Plot. Gentlemen , these are the men the whole nation have given credit to , the Parliament having impeached my Lord Stafford upon the credit of them , ( for it was upon the credit of Dugdale and Turbervile that they impeached him , for there was not two witnesses till Turbervile came in and made a second , and upon their credit ) after so solemn a Tryal , where all the objections that could possibly be made , were made ; the House of Lords thought fit to find my Lord Stafford guilty , and my Lord Stafford suffered for it , and died upon the credit of these men . These are the witnesses , Gentlemen , that this man thinks ought to be blown off with that frivolous objection , that they are persons he would have you believe , who are guilty of a design to throw the Plot upon the Protestants . But because he hath desired to save himself in an Herd , by numbring himself amongst the Protestants . I must a little observe to you what a sort of Protestant he is , a man he would have you to believe , so popular for his Religion , that he hath obtained the name of the Protestant Joyner . But when you have considered what his actions are , I believe you will a little suspect his Religion . If the Protestant Religion allow any man to vilifie the King , to arraign the Government , and to throw off all manner of allegiance , then this man is a Protestant : but if this be to act the part of a Papist , and if the Papists could wish that such an infamy might be put upon the Protestant Religion , that it should justifie such a Rebellion as the late horrid one was , and own such a Principle that it is lawful for any Subject to asperse and vilifie the King , as this man by those many and scurrilous Libels seem to do it ; if they could wish this Nation overturned , and the Government in confusion , and the Church of England destroyed , the best Bulwark now in the world against Propery , and the best or only refuge at this day left for the poor afflicted Protestants abroad . Then whilst Mr. Colledge does thus act the part of a Papist , he does very ill to call himself a Protestant . Gentlemen , I cannot but observe one thing to you , and it was the Evidence of Dr. Oates , when he did first discover the Plot , and without his Evidence you would easily believe the thing . He told you there were two ways they had to accomplish their design , by direct murdering of the King , or if that failed , by putting all things into confusion here , and raising Rebellion and disturbance amongst us , and the way to effect that Rebellion , it was by having Emissaries sent among us , to work us into a dislike of the Church , and by that means into a Rebellion against the State. That some men were sent abroad for that purpose to preach at Conventicles , some whereof were catched , and some did suffer . Now without this Evidence it would not be hard to believe that such there are , and have been ; for all that know the History of our Reformation , do know that it was an early practice among them , to raise Sects amongst us , to bring confusion first into the Church , and the● in the State. And we have already found the sad effects of it . Now Gentlemen , if Colledge have all this while under the name of a Protestant acted the part of a Papist , though I cannot say he is a Papist , nor that he is one of those Emissaries , yet I may say he is not that good Protestant he pretends to be . Gentlemen , I must now , to do him right , come to repeat the Evidence that he hath given against our witnesses ; for Mr. Haynes he hath produced several witnesses , one is Mr. Hickman , who says he overheard Haynes say to one that was his Tenant , that it was his Trade to swear , and he must get money by it . This ●e overheard him , standing and listning at a door . You have another man Lun , that is the next Witness , and he says that at the Fleet-ditch , where he saw him , there he declared the same thing to him , that he would swear any thing for mony , and dam his soul rather than the Catholick Cause should sink ; and now He comes to prove a Plot upon him that is a Protestant , and in his person upon all the Protestants of England , and this man would fain throw off the credit of the Popish Plot , and turn it upon the Protestants . But Gentlemen it is strange , that Mr. Haynes should have this discourse with Lun , the first time that ever he saw him ; for I am sure his own Witness Lun says it was the first time , and that he should immediately talk to him at this rate is somewhat strange : But for an Answer to it , this Lun we have confronted with the Evidence of White the Messenger , who swears , that afterwards meeting him at Uxbridge , Lun asked him what Gentleman that was , and did not know Mr. Haynes , and yet he takes upon him to prove , that he had spoke such words to him before . I think there is never another material Witness against Haynes , except Whaley , who was an under-Officer in the Kings-Bench ; and he says , that Haynes whilst he was a prisoner there ran away with a silver Tankard , but he never was indicted or prosecuted for it , tho' he remained afterwards in the House ; and this was 5 or 6 years ago . Now Gentlemen , I think the nature of this Evidence hath not that weight , as to take off the credit of what this man hath said upon his Oath , especially when this mans Evidence is so backed with the Evidence of other men , that I think there is no Objection at all against it . For the other Witnesses , Dugdale , Smith and Turbervile , are men whose credit has not been impeached , and they have confirmed in substance what the Evidence of Haynes is ; so that he does not stand alone in what he here swears , but 't is confirmed with concurrent Evidence with it . Then Gentlemen , for the Objection against Dugdale , Turbervile and Smith , they produced Dr. Oates to you , and he must vilifie the credit of those men , whose Testimony , as to what he gave at first in discovering the Popish Plot , received credit by being seconded by these men . And I cannot but observe it as a strange thing , that this man comes now to vilifie the Testimony of those , who have given Evidence and been credited by the whole Kingdom ; that he should come here upon the word of a Priest to declare , that Mr. Dugdale was a man of very lewd conversation , and was a person that had a foul Disease on him , when he pretended he was poysoned . I remember this was an Objection that hath been made by the Papists to him , and I believe you have heard it often out of their mouths ; but it is the first time that ever I heard it from any one that is a Witness of the Popish Plot , and pretends to stand up for the Protestant Religion . Gentlemen , if any such thing as this could have been made out against him , it had been made out e're now , the Papists would have taken advantage of it ; and when the Wit of all that party was bent against him , he could not have escaped the having it proved , if it had been true , yet Dr. Oates takes upon him now to vilifie his credit , and takes up those Arguments the Papists have maliciously suggested , but yet were never able to make out . This looks as if the Doctor were again returning to St. Omers , that he is thus going about to disparage the Evidence of Mr. Dugdale , which in great measure verified the truth of that Discovery , which himself first made of the Popish Plot. Against Turbervile , Gentlemen , I think , there hath been very little at all objected that can have any weight with you . Mr. Broadgate , as I suppose you observe , has said enough to confirm Turberviles credit ; for he hath proved to you , that when he was tempted to renounce his Evidence against the Papists , he refused to do it , he had more conscience than to do it , he knew well enough what he said was true , and as he had a Soul to save , he could not go from it . This is the Evidence that he gives , and which certainly serves much to confirm the truth of Turbervile , besides the strict Examination he hath been under , and beyond any thing that Dr. Oates , I think , has been able to contradict him in . Dr. Oates contradicts Smith about His coming from the Coffee-House to Wilcox's Dinner . He says , he did not come along with Mr. Colledge , but Colledge came along with Dr. Oates , and Smith followed them . But , Gentlemen , you hear what Smith has declared upon his Oath , that they came both together out of the Coffee-House ; and you hear what His Witness Mr. Smith the Counsellor says : He does not positively remember that circumstance , yet one would think he should ; for Oates says , Mr. Smith the Lawyer walked just before them , and Colledge followed . Mr. Smith that is the Witness for the King , He swears he came along with Colledge , but Mr. Smith the Lawyer being asked that Question , He does not remember that . Then another thing is , Dr. Oates says , when they were there , Colledge was so far from discoursing of any treasonable matters , that he was very merry in the company , and talking innocently , but Mr. Smith says , He was so far from being merry or talking Treason , that he fell fast asleep , and slept behind the Table . Gentlemen , these Objections you see what the weight of them is , and how little the Evidence agree one with another , but there is nothing that does contradict Mr. Smith in his main Evidence . 'T is possible they may not remember particular circumstances , whether Mr. Colledge and Mr. Smith came together , so they might come together for ought they know , and they may remember any circumstance about their retiring , but they can't take upon them to swear it is not so , and their not remembring it does not prove it was not so , and the circumstance it self is so trivial , that there was no necessity they should remember it . So then no Evidence that comes from Dr. Oates can take off that that is given by Smith , tho' if Mr. Smith were out of the Case , and Mr. Haynes too , yet there is Evidence sufficient from Mr. Dugdale and Mr. Turbervile , who are not impeached , and are both to the Fact and to the place . There are two Witnesses more that I must mention , and they are Bolron and Mowbray ; They swear that Smith travelling upon the Road with them , would have suborned them to swear against John Brooks , about a Discourse at some place ; but it happened , Gentlemen , they differ in point of time in their Testimony , the one said it was the 25th . of July , the other was positive it was the 3d. of August . But I think I need say no more of these men , but only to desire you to weigh their credit . Bolron and Mowbray I confess have been Evidence against several men that have been accused of the Popish Plot , but they have been so unfortunte , as never to gain credit with any Jury . Mr. Smith hath been believed by the whole Court of Parliament ; but if there were no more in the case , these are two men that never were yet believed , men that have been sworn in their own Country , where they are well known , and been Evidence upon Tryals , but the Jury have rejected their Testimony : But besides that , comparing the Testimonies , and the difference that was between them , is a sufficient Evidence to confront all that they have said . I think , Gentlemen , this is the substance of what has been offered by his Witnesses against the Witnesses produced for the King , except that of Mr. Everard , who says something against Haynes , that Haynes should say he swore for Self-preservation ; and against Smith he says , that he heard him say , he did not know of any Presbyterian Plot. I believe that may be true , and yet it does not contradict Smiths Evidence against Colledge ; for Mr. Smith does not tell you , that he is privy to any such Design of the Presbyterians , that he knows of any Consultations that they held , or the ways and means by which they would arive at the Treason charged upon the Prisoner at the Bar , but his Evidence is , that this man declared there was such a Design , that there was a party would do it , and that he would be sure to be one , and armed himself for that purpose ; but his not being privy to any Plot , or knowing the particulars , is no contradiction to what he said . This is that he has produced for his Defence , and by these things he has endeavoured to take off the credit of our Witnesses , and he would have you believe that he is a very good Protestant though he does that which no Protestant would do , and which is the Papists work ; he has produced you Witnesses that he has gone to Church , but I do not see he has produced any Witnesses at all that are now conversant with him , his own Parishioners in London ; but if he had brought never so many Witnesses of his going to Church , and of his conformableness to the Church , yet if he were guilty of these practices , he must give me leave to suspect the Truth of his Profession ; and I think it a great piece of arrogance for him to take upon him the Title of a Protestant , when he has abused that Title by such unsuitable practices : And , Gentlemen , if such practices as these are , which we have fully proved , are such as all good men must abhor , I cannot but reflect upon the condition of this man , whose only Hopes is , that you should now forget your selves & become as ill as he is . But as that cannot be presumed , so I shall not need to say any more to you ; you are men of that consideration that can judge between things , and the appearances of them , and know very well how to give the due weight to the Evidence we have given to you , as well as the Objections made by the Prisoner ; and so Gentlemen I shall leave it to you . Mr. Ser. jeff. May it please your Lordship , and you Gentlemen of the Jury ; It has been a long time that has been spent in the course of this Evidence ; whether there has been Art or Design in protracting the time , on purpose to obtrude upon the patience of the Court , or that you Gentlemen should forget the force of the Evidence that has been given against the Prisoner at the Bar , when there has been so much time taken up unnecessarily , when there was no occasion , as I must needs say , there was not for such a tedious Defence , I leave it to you to determine : But that which was truly intimated by the Court at the beginning of the Tryal , must at the end of this Cause be repeated , and indeed go through it all , that we of the Kings Counsel , and what the Prisoner has affirmed , that has not been given in proof , signifying nothing , and is not to be any guide at all to you . You are upon your Oaths , and by the Oath you have taken you are bound in conscience to give a Verdict according to the Evidence that has been given to you , and that is your guide ; so that what we opened and have not proved , is no more to be believed than what the Prisoner has said for himself in his own Defence ; and whatsoever he says , if he make not god proof of it , is no more to be regarded , than what we who are for the King have alledged , and not made out . So then this being in the first place premised , I shall take care as near as I can to save time of the Court , and not to trespass on your patience Gentlemen unnecessarily , in a Case whereupon as great a concern does depend , as perhaps ever came to Tryal at any Bar : For I say 't is a Case wherein the Life and the Liberty of the King is concerned , and that is the great concern of the Nation ; the Religion of the Nation is concerned ; I would be understood aright , I mean the Protestant Religion established by Law ; for I know no other Religion men ought to sacrifice their Lives and Fortunes for , but the Protestant Religion established by Law ; and when these things are concerned , 't is a Case of great consequence : God forbid any person , Protestant or other , should attempt the Life of the King , and the Subversion of our Religion , and by stiling themselves by the Name of Protestants , should excuse themselves from any such crimes . For the Evidence that has been given , I shall not enumerate the particulars against the Prisoner at the Bar , other than such as have been omitted , ( if I mistake not ) by Mr. Sollicitor . In the first place are the things that hapned at Oxon. for you have had it already sufficiently told you by my Lords the Judges who are upon the Bench , and who ( under Mr. Colledges favour ) are the Prisoners Judges in point of Law , as you are in point of Fact. They have ( I say ) already told you what the Law is in relation to Treasons ; that in case the Treason be in two Counties , if the Witnesses speak to the self same Treason , tho' to different Facts , that will be two Witnesses to prove High-Treason ; and that there has been such a Case , the Prisoner at the Bar , who he says is a Protestant ( for his own Souls sake I wish he were a good one ) must take notice , that Gavan the great Priest who was tryed at Newgate , and convicted , by what Evidence ? by one of them that is a Witness now against the Prisoner at the Bar , that is Dugdale , his Treason was committed part in London , part in the Country , of which part Dugdale gave Evidence ; but being both to the self same purpose , by the greater part of the Judges , who were in the Commission , and present at the Tryal , they were reckoned a sufficient-Testimony to prove him guilty of High Treason : And I hope we do not live to that age , that any Protestant whatsoever should come to trip up the heels of the Popish Plot , by saying that any of them who suffered for it , did dye contrary to Law , or without sufficient proof : for if Mr. Dugdale was not a person fit to be believed , or if the rest of the Judges who tryed Gavan were out in the Law , then that man died wrongfully ; for he had as much right to have been tryed according to the Law , as any other person whatsoever . Therefore , Gentlemen , as to that matter , we must submit it to my Lords the Judges , who are to give you an account what the Law is in all its particulars before you ; but as to the Fact whereof you are Judges , that is the great matter we shall apply our selves to , and for that it stands thus . Here is Dugdale that does give you an account what his design was in coming to Oxford ; how he came to be armed as an Index ( Gentleman ) of his mind . And pray give me leave to put you in mind of one thing . You have first a Libel produced , and read to you ; a pretended Letter , wherein there are Queries that have been taken notice of , and which seem to back the Evidence given by Mr. Masters ; for there is a vindication in those Queries of the proceedings of that Parliament of 41. which he has confidence enough now at the Bar to justifie too . But Gentlemen , you were told by the Court , and you know it , that that Parliament was guilty of High Rebellion : And even in those Queries he asperses not only the Government , but every man that has any concern in it ; for it takes notice not only of the King , but of all his Council : never a Judge nor an Officer in the Nation but is traduced by it ; and which is most material , it was the foundation of that Libel which has been mentioned to you , and which Fitz-Harris was so justly condemned and executed for , that most traiterous and infamous Libel in part of it has these Queries , and a great Paragraph of this Libel makes up part of that Libel of Fitz-Harris , which our witnesses say Mr. Colledge was pleased to affirm was as true as God is in Heaven . Another thing is this ; this Gentleman , whose proper business it had been no manage his employment at London for a Joyner , is best seen in his proper place , using the proper Tools of his Trade . I think it had been much more proper for him , and I believe you will think so too , than to come with Pistols and all those Accoutrements about him , to be regulating of the Government : what have such people to do to interfere with the business of the Government ? God be thanked , we have a wise Prince , and God be thanked he hath wise Counsellors about him , and He and they know well enough how to do their own business , and not to need the advice of a Joyner , though he calls himself the Protestant Joyner . What had he to do to engage himself before his advice was required ? How comes he to concern himself so much , that after he had writ this Libel , wherein he is pleased to take notice of Tyrants , afterwards should go to make a Print , I mean the Raree-Shew ; and when Dugdale comes to enquire of him , what do you mean by such a thing , the Tyrant shall go down ? Says he , I mean by that the King. And what do you mean by having them go to Breda ? Why there he explains it , that he puts all the Government , the Lords and the Bishops upon the Kings back ; and being asked what he meant to have done with them ? Why the Bishops and the King , and all were to go to Breda . These are the things that himself did acknowledge he was the Author of , and these Prints he did cause to be made , and he is the person that gives you an account , that it was but the conception and imagination of Dugdale , that Rowley meant the King ; but Dugdale being called again , He tells you after some time , that he was under some difficulty to know the meaning of it ; and then Colledge tells him it was meant the King , and so he expounded it to him . And so Smith tells you of that same name of Old Rowley again . Gentlemen , thus I tell you what hath been omitted . The Evidence hath been long , and therefore we must be pardoned if we can't exactly repeat it . This is the Evidence that was done at Oxon. the next is Mr. Smith , who speaks of what was done in London , and he is an Evidence both as to the word Rowley , as to the coming with Arms , and as to the declaring to what end he came , and what he had done : Mr. Haynes he tells you both before and after the same , and that I must take notice of to you , Mr. Smith does particularly say he used those words , which I hope every Honest man , and every good man , that desires to preserve the Government according to Law , will hear with the greatest detestation and abhorrence : He talked of the taking away the life of the late King of blessed memory at such an impudent rate , that every true Protestants blood would curdle at the hearing of it . And this he said not only to Mr. Masters , but he justified it to Mr. Smith too . In the next place you have Turbervile , who gives you all the reasons , how he did not only tell of these things Himself , but encouraged Him to prepare Himself accordingly , and he gave Him a mark , a Ribbon , with No Popery , no Slavery . These were marks whereby they were to be known , and they were to be one and all , as they call it , that when such a blow was struck , they should be ready to fall in . There is one thing more that I take notice of , that is , what was said by a Gentleman , Sir William Jennings , which is a confirmation of all the other Evidence ; that Gentleman who hath appeared to you to be a man of Honour even by the confession of Mr. Colledge Himself , and by his own words ; for he said like an Honest man , and like a Loyal man too , that He would rather engage Himself in three dangers for the Service of the King at Sea , than come in cold blood to give Evidence against a man for his life at the Bar. And yet this man who tells you this of Himself , and that very person whom Colledge Himself calls a worthy person , hath given you this account , that when he told him his nose bled , He answered him , It was the first blood lost in the Cause , but it would not be long e're there was more lost ; an excellent cause for a man to venture his blood in . When he was told of this , he began to put it off , and to use his own words , had a great mind to sham off the business , but in truth there was no answer given to it . Gentlemen , the objections that have been made against the Evidence that have not been taken notice of , I desire to take notice of : I think against three of them there has been only Mr. Oates , and Mr. Oates I confess has said in verbo Sacerdotis strange things against Dugdale , Smith , and Turbervile . I have only the affirmation of Mr. Oates , and as ill men may become good men , so may good men become ill men ; or otherwise I know not what would become of some part of Mr. Oates's testimony . And in the next place , if these men have not sworn true , I am sure Mr. Oates must stand alone in the greatest point , in which all the Evidence agree , that is the Popish Plot. But Gentlemen , I must take notice to you , that it is strange to me , that ever you upon your consciences should perjure three men , who positively upon their Oaths deny any such discourses as Mr. Oates speaks of against them : I do put that upon your consciences , whether you upon the bare affirmation of Mr. Oates in this place , will convict three men , upon whose testimony the lives of so many as have suffered , have been taken away , and as we Protestants do believe justly . I say , whether you will do it upon the bare affirmation of Mr. Oates against their Oaths . In the next place , Gentlemen , I must tell you , besides the positive Evidence of these Gentlemen , there is a circumstance of improbability in the very words which he speaks of : Will any man tell me , that after such time as men have given their Oaths , as Smith had given his that he was concerned , and so had Dugdale and Turbervile too , that these men should come and voluntarily tell Mr. Oates they were all forsworn ; are these men such great Coxcombs as he would have us ; to believe ? Is it so probable a thing , that any men of common knowledge would do it ? Do you think a man of that knowledge and consideration , as Smith is an allowed Scholar , and a man of known Learning ; and Mr. Dugdale , who has been reckoned by all men to be a good Evidence ; do you take these men to be such absolute Novices , that they must seek an occasion to tell him they were bribed off , and were forsworn ? If you can think this , and if a bare affirmation against these positive Oaths can prevail ; Gentlemen , upon your consciences be it . In the next place , 't is a strange sort of thing to believe that Mr. Smith should come out of a Coffee-House , where a quarrel is pretended to have been between him and Colledge , but Mr. Smith does upon his Oath say he never had any such quarrel with him , and that he should fall a damning and sinking against Colledge , and against the Gospel ; that there should be such impudence in the world in any man as to desire or wish such a thing ! Gentlemen , these are strange sorts of apprehensions , and men must have very strange thoughts , that can strain themselves up to the belief of them . In the next place here it is said by the Prisoner , Good Lord ! what a condition we shall be in ! Here is a Plot put upon the Protestants , I hope in God there is no Protestant Plot , but I also hope the whole interest of the Protestant Religion is not involved in the Prisoner at the Bar , and all will be destroyed , if Mr. Colledge dies for his Treasons . Gentlemen , the question is not whether there be a Presbyterian ▪ or Protestant Plot , we declare we know of none , but whether the Prisoner at the Bar have spoken such words , and done such things as are sworn against him . And I would fain know what all the discourses we have had about Irish witnesses and Papists signifie , when in all the course of our Evidence , there has been but one Irish , and never a Papist . But here have been great discourses about Macnamarra and Dennis , and what it hath been for , but to make a noise , and raise a dust , I can't tell ; for in this cause there has not been one Irish-man besides Haynes , and never a Papist throughout the whole Evidence : So that it is easie , if men think it will take with the Auditory , for a person to cry out , Oh Lord ! we are all like to be undone , here are Irish Witnesses brought against us ; and after all this stir , there is but one Irish Witness , and never a Papist . And as for him , truly Gentlemen I must take notice , that even Colledge himself , till such time as he was taken , reckoned him an Honest man. Colledge . Never in my life . Mr. Serj. Jeff. It was so said . But I do say Gentlemen , suppose ( which I do not admit ) that the Irishman he speaks of be out of the Case , not that the Country is an objection against any mans testimony , God forbid it should be so affirmed ; for truth is not confined to places , nor to persons neither , but applyed to all honest men , be they Irish-men or others : But I say , set Mr. Haynes out of the case , suppose there was no such man as Haynes in this case , yet I must tell you , Gentlemen , you have as great a proof as possibly can be . In the next place , I must take notice to you of some account that hath been given of him by himself : It is wonderful strange , when there was that kindness of intimation given by the Court , that he should do well to prove his Loyalty , as well as his Religion , that he did not produce some of his later acquaintance . If this man that makes himself a Protestant , would have it believed he is such , I wish he would have brought some of those men that knew him at London to give you some account of him , and not to stretch backward sixteen years to prove his Birth and Education ; that is not the best account sure a man can give of himself , to say after he hath been talking at this disloyal rate , that he is a good Protestant , because he was thought so 18 years ago . Again in the next place , here is an account of the Libels given by the old woman that is his Sister : Truly she would have it , and that is another Libel at the Bar , as though the man in the Red Coat , with R. C. upon it , had dropped this kind of Libel in his House , and so he or somebody else put a trick upon him ; and because she would inveigle you to such an interpretation , she says that they staid behind till the man in the Red Coat had fetched away the shavings , and so here is a new Sham Plot to be put upon the Prisoner , by dropping papers in his House ; a pretty kind of insinuation . But Gentlemen , against the Evidence of this Woman , you have the very person that was there , the Officer , who swears that he and his Fellows came before the Waterman into the House : But I suppose you observe how that notable talking maid and she does agree ; for the maid tells you there came a strange Fellow seven weeks before , delivered these things into her hands , her Master was abroad , and she was not to enquire whence they came , or what they were , but paid him six pence for bringing those things . Now 't is very strange that the Maid should pay for the bringing of those things , and yet after that should imagine that somebody else should put them there . But now Gentlemen , in the next place , I must tell you another thing , which I would beg you to take notice of : Here are two Gentlemen , Mr. Bolron and Mr. Mowbray , and they have given you an account that they have been Evidence against the Papists , they did well in it ; but it hath been their misfortune hitherto they have not been believed ; but whether they have been believed or not before , is no guidance to you at this time ; but that which is to guide you is , whether or not they have given you now a testimony that you in your own Consciences can believe . Now can you believe what they have said , nay can you probably believe it without any circumstance to confirm it , against those express objections that arise from themselves , and against the Oath of the person , when the one tells you so exactly of the twenty fifth , twenty sixth , twenty seventh , and twenty eighth of July , and the other tells you that Smith took Post , and yet overtook them not till the Sunday after , which was the third of August ; and when the Almanack is produced , it was so far from making out what they spake of to be the same time , that whereas one said he came to London the twenty eighth , the others Almanack says it was the 27th . then pray how do these persons agree , when the one says that Mr. Smith talked with him upon the road the 28th . and the other says that they came to London the 27th . These are circumstances , Gentlemen , that you must weigh , and you may bring the North and the South together as soon as their two testimonies , they are so far asunder . Besides , Gentlemen , I hope you take notice of a person that was sworn , a person of some quality , a Scholar in the University here , that says Balron ( though he denied it ) did shew one of these Pictures , and did discover they were Mr. Colledges ; and Balron himself , his own witness , tells you that he did acknowledge one of those Pictures was his . It appears then how busie he was , and concerned himself in what belonged not to his Profession . So that upon the whole matter , after this long Evidence that hath been given , I must wholly appeal to your Lordship and the Jury ; as to the Law , to your Lordship and the Court ; and as to the Fact , to the Jury : for I do not desire any sort of Evidence should be strained against a Prisoner at the Bar , who is there to be tried for his life . God forbid if he be innocent , but he should be acquitted ; but on the other side , consider the murder of that great King of ever blessed memory is before you , and remember that base reflection which the witnesses tell you of upon that horrid action ; and as a great Evidence , remember that seeming vindication of it at the Bar , which certainly no English-man , no Protestant according to the Church of England , can hear without having his blood stirred in him . And these things are not only testified by Dugdale and Smith , but by Gentlemen of known reputation and quality ; and he hath a little discover'd himself by that defence he hath made against their testimony . But know , Gentlemen , that the King is concerned , your Religion is concerned , that Plot that is so much agreed to by all Protestants is concerned ; for if Dugdale , Smith and Turbervile be not to be believed , you trip up the heels of all the Evidence and discovery of that Plot. Then I will conclude to you , Gentlemen , and appeal to your consciences , for according to the Oath that has been given to you , you are bound in your consciences to go according to your Evidence , and are neither to be inveigled by us beyond our proof , nor to be guided by your commiseration to the Prisoner at the Bar against the proof ; for as God will call you to an account if you do an injury to him , so will the same God call you to account if you do it to your King , to your Religion , and to your own Souls . Lo. ch . just . Gentlemen , I shall detain you but a little , and shall be as short as I can , for your patience has been much exercised already : It is a burden , and a necessary one that lies upon us all , for there is nothing more necessary than that such Tryals as these should be intire and publick , intire for the dispatch of them , and publick for the satisfaction of the world , that it may appear no man receives his Condemnation without Evidence , and that no man is acquitted against Evidence . Gentlemen , there are these two considerations in all Cases of this nature ; the one is , the Force of the Evidence ; the other is , the Truth of the Evidence . As to the Force of the Evidence , that is a point in Law that belongs to the Court , and wherein the Court is to direct you ; as to the Truth of the Evidence , that is a question in Fact arising from the Witnesses , & must be left upon them , whereof you are the proper Judges . As to the Force of the Evidence in this case , it must be consider'd what the Charge is ; it is the compassing the Death of the King , and conspiring to seize the Person of the King , which is the same thing in effect ; for even by the Common Law , or upon the interpretation of the Statute of the 25. of Edw. 3. that mentions compassing the Death of the King to be Treason , it has always been resolved , that whosoever shall imagine to depose the King , or imprison the King , are guilty of imagining the Death of the King ; for they are things that depend one upon another : and never was any King deposed or imprisoned , but with an intention to be put to death , they are in consequences the same thing . Now Gentlemen , in cases of Treason the Law is so tender of the Life of the King , that the very imagination of the Heart is Treason , if there be any thought concerning any such thing ; but then it must be manifested by some Overt-act , upon the Statute of the 25. of Edw. 3. but upon the Statute of the 13. of this King , made for the Preservation of the Kings Person , if it be manifested by malicious and advised speaking , 't is sufficient . This is as to the Charge , and as to the Law concerning that Charge , I must tell you there must be two Witnesses in the case . Now then for the Force of the Evidence , the question will arise there , whether this Evidence , admitting it to be true , is sufficient to maintain the Indictment ; so that if there be two Witnesses , you must find him Guilty . Now as to this , Gentlemen , the Prisoner has before-hand called upon the Court , and had their resolution ; and I hope you will remember what hath been said , and I shall have occasion to trouble you the less . There have been six Witnesses produced for the King ; there are two of them , Sir William Jennings and Mr. Masters , that are some way applicable to the Case , though they do not go to the Treason , they are only to infer the probability of the Treason . This of Sir William Jennings was upon the occasion of the bleeding of the Prisoners Nose , after his quarrel with Fitz-Gerald , when he said , He had lost the first bloud , and it would not be long e're there would be more lost ; which shews there were some extraordinary thoughts in his Heart concerning some divisions , quarrels , and fighting that he expected should be . That which Mr. Masters has said , ( besides what he offered concerning his Principles in justifying the Long Parliament ) was this , that when he called him Colonel , Marry mock not , said he , I may be a Colonel in time ; that shews some extraordinary thoughts were in his Heart . Coll. Will not that bear a more favourable interpretation , my Lord ? Must that necessarily follow upon my saying , I might be a Colonel in time , and that more bloud would be lost ? if I had expressed it so . L. c. j. I say you had some extraordinary thoughts in your Heart . Coll. I am , sure , the fittest to explain my own thoughts . L. c. j. You would have done well to have explained it which way you expected to be a Colonel . Coll. It was not an expectation , for a may be , may not be ; my word was , mocking is catching : I thought he had called me Cozen. L. c. j. Well Gentlemen , these are Witnesses I say that go not to the Treason , but only relate and reflect somewhat to shew there were thoughts in his Heart , but no body could tell what they were , or know what he meant by them . Coll. Then always they are to be taken in the best sence . L. c. j. For the other Witnesses , Stephen Dugdale , John Smith , Bryan Haynes , and Edward Turbervile , they are all of them , taking what they say to be true , very full Witnesses . The Prisoner hath objected as to two of them , because they speak to nothing that was done in Oxfordshire , but Turbervile and Dugdale they speak to what was said in Oxfordshire . Now for that I must tell you , If you believe any one of these Witnesses , as to what was said in Oxford , and any of them as to what was said in London , relating to the same Fact of Treason , they will be two good Witnesses to maintain the Indictment , tho' the one is in the one County , and the other in another ; for if a Treason be committed in two Counties , it is in the Kings Election where he will exhibit the Indictment , and the Evidence from both Counties is good Evidence ; that I take for Law , and these four Witnesses , with that consideration that they are true , as I think are full Witnesses to maintain this Indictment . Why then the next Head is concerning the Truth of this Evidence , of which you are to be Judges , and you are the proper Judges whether the Witnesses speak true or no ; therefore you must have your own Consciences to direct you in that case , and what I shall say about them , shall be only for your Assistance . Gentlemen , I shall not take upon me to repeat the Evidence to you , it has been long ; and for me to speak out of memory , I had rather you should recur to your own Memories , and your own Notes : only I shall say something in general to contract your consideration of it . And as I told you at first , you must mind nothing of what the Kings Counsel said , for nothing must have impression upon you , but what they proved ; So you are not to consider any thing of the Facts the Prisoner spake of , that are not proved neither ; For common Justice is concerned in it , and no Justice can be done at that rate , if the Prisoners own Affirmations or Purgation should be taken . No man ever can be accused but he will be ready to say he is innocent , and say as flourishing and popular things as ever he can for himself . And therefore these things must not weigh with you further , than as what is said , argues upon the Proofs you have had . And you are to consider upon the Proofs what the Prisoner has produced , not what he says on the other side , for the Proofs you have heard a great many Witnesses in general produced by him , that say he was bred a Protestant , and has been an honest man , that they knew no ill by him , that will be of little weight in a case of this consideration ; for unless he were a man that had committed Treason to the knowledge of all the world , there is no man but can produce Witnesses that know no ill of him , nor any Treason , nor Harm in him , therefore the Question wiill lye upon the credit of the Witnesses produced for the King barely , and that will be the consideration you are only to have , and you are to weigh them in the Ballance against the Witnesses produced against them . Now Gentlemen , for these Witnesses I shall not repeat them to you , but only this I shall observe in general , that Dugdale and Turbervile that are the two most mateterial Witnesses relating to what was spoke in Oxfordshire , have the least said against them . I do not remember , I profess to you I do not ( but your own Notes must guide you ) that there was any very material thing said against them except what is said against them by Dr. Oates , and Dr. Oates does say against Smith , that he came out of the Coffee-House , and swore Dam him he would have Colledges Bloud , and when he reproved him , and said it was not fit for a Minister of the Gospel to use such Expressions , he said God damn the Gospel , if that be true 't is a great Reflection upon the credit of Smith . He says as to Dugdale , that when he was expostulating with him about his Evidence , he excused himself , that he was in want of mony , and was pressed to it , and being asked whether he was pressed to swear against his Conscience , he said yes ; and much of the same kind he says as to Turbervile , that he said He was disserted and would not starve . Now all these three Witnesses being called upon their Oaths deny that which Dr. Oates testifies . Now if it were in an indifferent and probable matter to have three men condemned , and set aside by the Testimony of one is not equal , unless the man were of mighty extraordinary credit , and his Testimony of more than ordinary weight . But then I must tell you this matter is very improbable , that after Witnesses had sworn a thing they should voluntarily acknowledge themselves to be forsworn , and that without any Provocation , they should at several times come to this one man and declare themselves Rogues and Villaines , but if it were probable , here are three mens Oaths against one mans Affirmation , this I say as to what concerns Dugdale and Turbervile , I do not see any thing material against them , besides now if you believe them , they are two Witnesses to the full matter of the Indictment , and two Witnesses to what was done in Oxfordshire , and that satisfies all the considerations of Law. As to the rest of the Witnesses , Bryan Haynes and John Smith , you have had many Witnesses produced against them , I shall not undertake to repeat the Evidence , 't is your place and duty to weigh their Testimony , and I shall leave it to your consideration . Mr. just . jones . I shall add nothing to what my Lord hath said , nor indeed can . Colledge . My Lord , I wish you would look upon your Notes , you would then find there was much more Evidence , that you have not repeated against Turbervile and Dugdale , besides what your Lordship urged . L. c. j. If there be , I refer it to the memory of the Jury , I can remember no more . Colledge . I desire nothing but Justice , and true Justice . L. c. j. I am sure I design nothing else , you are a stranger to me , I believe I have seen your face , but I never knew you by name till now . Look you , if the Jury be like to stay , they may take something to refresh themselves at the Bar before they go . Colledge . My Lord , I did see when the Bill was brought against my Lord Howard , Mr. Attorney General and Mr. Sollicitor were an hour and half with the Grand Jury . Mr. Ser. jeff. You must say nothing now my Lord has given the Charge . Col. Let me have justice done my Lord , that 's all I crave , that none may be with the Jury . L. c. j. Look you Mr. Colledge , they might be with the Grand Jury , but as to the Petty Jury there shall be a Bayliff sworn , and neither Mr. Attorney , nor Mr. Sollicitor , nor any body else shall come to them till they be agreed of their Verdict . Mr. just . jones . If that be the thing you ask , you shall have it according to the Law. Colledge . And any Friend of mine may be by . L. c. j. There shall be an Officer sworn to keep them . Then the Court called for two Bottles of Sack , which the Jury divided among themselves at the Bar , for their Refreshment , in the presence of the Prisoner . After which a Bayliff Was sworn , and the Jury withdrawing to consider of their Verdict , the Court adjourned for half an hour , and when they returned , Proclamation being made for attendance , the Court sent to see whether the Jury were agreed , who immediately came in to Court. Cl. of Cr. Gentlemen , are you agreed of your Verdict ? Omn. Yes . Cl. of Cr. Who shall say for you ? Omn. Foreman . Cl. of Cr. Stephen Colledge , Hold up thy Hand , look upon him you of the Jury : How say you , is he Guilty of the High Treason , whereof he stands indicted , or not Guilty ? Foreman . Guilty . Cl. of Cr. Look to him Gaoler , he is found Guilty of High Treason ; what Goods , &c. At which there was a great shout given , at which the Court being offended , one person who was observed by the Cryer to be particularly concerned in the shout , was committed to Gaol for that night , but the next morning having received a publick reproof , was discharged without Fees. Then it being about 3 a clock in the morning , the Court adjourned to 10. at which hour the Court being sat , and first Mr. Aaron Smith having entred into Recognizance of 500 l. to appear the first day of the next Term , at the Court of Kings-Bench . Lo. c. j. Where is the Prisoner Stephen Colledge ? Cl. of Cr. Set up Stephen Colledge . Then the Prisoner was brought to the Bar. Cl. of Cr. Hearken to the Court and hold up thy Hand ; Thou hast been indicted and arraigned of High Treason , and for thy Tryal hast put thy self upon thy Country , and they have found thee Guilty , what canst thou say for thy self , why the Court should not give Judgment on thee to dye according to the Law. Coll. My Lord , I have nothing more to offer , but only that I am innocent of what is laid to my charge ; I think it was severe againste me , now contrary to what was sworn at London : They swear now , I was to seize the King at Oxford . In London they swore I would pluck the King out of Whitehall , but 't is altered since , and now 't is to seize the King at Oxford , but be it either one or t'other ( for the one is as true as the other ) I am wholly innocent of either , I never had such a thought in my life , God forgive them that have sworn against me , I have no more to say , my Lord. L. c. j. Look you , Mr. Colledge , it is too late to profess your innocence , you have been tryed and found guilty ; but because you say it now , 't is necessary for me to say something in vindication of the Verdict , which I think the Court were all very well satisfied with : There were sufficient proofs to warrant it , and the Jury did according to justice and right . I thought it was a case , that as you made your own defence , small proof would serve the turn to make any one believe you guilty . For as you would defend your self by pretending to be a Protestant . It is wonder , I must confess , when you called so many witnesses to your Religion and Reputation , that none of them gave an account that they saw you receive the Sacrament within these many years , or any of them particularly had seen you at Church in many years , or what kind of Protestant you were . If we look to your words and actions , it is true , they did prove this , that you were mighty violent and zealous in crying out against Popery , and the Papists ; but if we look to your actions , they savoured rather to promote the Papists ends . For I must tell you , the Papists are best extirpated and suppressed by a steady prosecution of the Laws against them , not by violent crying out , and putting the people into fervent heats and confusions , for that is the thing the Papists aim at ; they have no hopes any other way to creep into the Kingdom but by confusion , and after the Church is destroyed , that is , under God , the best Bulwark against them . But you that cryed so loud against the Papists , it was proved here who you called Papists . You had the boldness to say that the King was a Papist , the Bishops were Papists , and the Church of England were Papists . If these be the Papists you cry out against , what a kind of Protestant you are , I know not , I am sure you can be no good one . But truly I thought you would have made better proof of that thing , when you called so manny witnesses to that purpose : And then if we look to your Politicks , what opinion you had of the King , it was proved by your discourse , and by witnesses , that you could have no exception to their testimony , that you did justify the late horrid Rebellion , and the consequences of that was the murder of the best King in the world , that you should go to justifie the proceedings of that Parliament , and affirm that they did nothing but what they had just cause to do . I say he that will justifie such a thing , if there were the same circumstances , would do the same thing again . Then if we look upon another part of your defence , as to your Arms , it was objected you went armed to Oxon. and that was made the Evidence of the Overt Act , when you said by words your intentions what you would do , that you would make one to seize the King , that you did go armed , you did confess . I expected you should have said , you only wore those things for your own defence upon the road , as a Gentleman travelling , or went with your friends to accompany them out of Town , and defend them from robbery ; but you said you went to guard the Parliament . I did not understand what you meant by it . I do not believe the Parliament sent for any Guard , or intended to have any Guard. I do not believe that any of them in their hearts thought they needed a Guard ; for I believe there was not a man that had any thing that looked like that , for any thing of that nature . For we saw , that when the King by the necessity of his affairs , when the two Houses differed so much , was pleased to dismiss them ; they all departed quietly , not a man was seen to be disturbed ; there was no appearance of any such thing , and how it should come ●nto your head , that were but a private man , to go to guard the Parliament , I much wonder ▪ Suppose all men of your condition should have gone to have guarded the Parliament , what an Assembly had there been ? what a bustle might they have made , and what confusion might there have been on a sudden ? And though you say you are no man of quality , nor likely to be able to do any thing upon the Kings Guards ; or the Kings person ▪ yet if all of your quality had gone upon the same design that you did , what ill consequences might have been of it ? We see what has been done by Massianello a mean man in another Countrey , what by Wat Tyler and Jack Straw in this Kingdom ? I confess I know not what you meant by it , but very ill things might have hapned upon it . So that these things when I look upon them ▪ and consider the complexion of your defence , it makes an easie proof have credit . But I think there was a full proof in your case ; yet I say , if there had been a great deal less proof , the Jury might with justice have found you guilty . And because you now declare your self innocent of all you are charged with , I think my self bound to declare here in vindication of the Countrey , and in vindication of the justice of the Court , that it was a Verdict well given , and to the satisfaction of the Court , and I did not find my Brothers did dislike it . This I say to you out of charity , that you may incline your mind to a submission to the justice that has overtaken you , and that you may enter into charity with all men , and prepare your self for another life . There is nothing now remaining , but to pronounce the Sentence which the Law provides for such an Offence ; which is this , and the Court does award , That you Stephen Colledge shall be carried from hence to the place from whence you came , and from thence you shall be drawn on an Hurdle to the place of Execution , where you shall be hanged up by the Neck , and be cut down alive , your Privy-members shall be cut off , and your Bowels taken out and burnt before your face , your Head shall be cut off from your Body , your Body be divided into four quarters , which are to be at the Kings dispose , and the Lord have mercy upon your Soul. Colledge . Amen . My Lord , I would know what time your Lordship is pleased to appoint for my preparation ? Lo. ch . just . That will depend upon the King's pleasure : We do not use in these cases of High-Treason to precipitate the Execution , but we will leave such order with the Sheriff to receive the King's pleasure , and obey it . He will not do it so sudden but that you shall have notice to prepare your self ; but it depends upon the King's pleasure ; for your body is to be at his dispose . Then the Court adjourned . And on Wednesday the 31. of August , 1681. being the day appointed by His Majesty for his Execution , He was according to Sentence , executed over against the Gate of the Castle at Oxford . FINIS .