No More Learning

73
was an Enquiry into the Forms of Government, and Reasons of their Decays : The Rights of the People, and the Bounds of Soveraignty, and Original of Power. In which were those heinous, treasonable Expressions, [The King is subject to the Law of God as a Man, to the People who made him such, as a King, &c] And examples of evil Kings and Tyrants, whom sometimes a Popular Fury had destroyed ; at others, the Ordines Regni either reduc'd, or set them aside, when their Government was a Curse instead of a Blessing to their People. Well, what Treason in all this, and a great deal more? Nothing but a
enchanted Telescope could have found any in it. If there were any Mistakes, as he says in his Speech, they ought to have been confuted by Law, Reason, and Scripture, not Scaf folds and Axes. First, 'Twas not proved to be his writing, nor did he confess it ; Treason and Life are critical Things : One ought to be as fairly proved, as t'other to be cautiously proceeded against. Tho' he might write he had the Liberty of an Englishman, not to accuse himself The very same Thing which was afterwards put in Practice by those Reverend Per sons, who, later than he, and cheaper too, defended their Coun tries Liberty with only the Loss of their own. But owning he writ How very few, any Things therein, are not now gene rally and almost universally believed, and are the Foundation of the Practice, and Satisfaction of the Conscience of every Man, tho' then confuted with the Single Brand of Common-wealth Principles, being indeed such as all the World must, whether they will or no, be forced into the Belief of, as soon as Oppres sion and Tyranny bears hard upon 'em, and becomes really unsupportable But supposing they were now as wicked Prin
ciples as they were (called) then yet what was that to the then present Governors He answer'd Filmer for his own Satisfac tion, or rather began to do many Years before the Makers of this Plot dreamt of that, or bringing him into Kept private in his own Study, where might have lain till Dooms-day, had not they fetch'd out to make somewhat on't. 'Twas suggested, and Innuendo'd, that this Book was written to scatter among the People, in Order to dispose 'em to rebel, as 'tis in the Indict ment. But how ridiculous that any one will see who con
siders the Bulk of which was such, that, as he says in his
it,
if
is,
it, :
it
? ?
it
it,
it :
it
;
it,
74
flfliegtern
S^artprologp.
Speech, [Thefiftieth Part of the Book was not produced, nor the Tenth of that read, tho' de desired it, and 'twas usual ; and yet after all, as it had never been shewn to any Man, so 'twas not
finished, nor could be in many Years. ] Now is this a Business likely to be calculated for a Rebellion ; when it could neither be finished till several Years after 'twas over ; and besides, if it had, the Bulk made it so improper to be dispersed for that Purpose for which 'twas pretendedly designed? No, those who are to poison a Nation in that Manner, know better Things, and more likely Ways. 'Tis to be done in little Pamphlets, and Papers easily read over, understood, and remembred, as the Declara tion-Gentlemen t'other Day, very well knew. But still here being not a Syllable, in these Papers of King Charles, any more than of the King -of Bantam, or the Great Mogul, against whom they might as well have made it Treason ; 'twas all supplied by a fine Knack, call'd an Innuendo, that is in English, such Inter
pretation as they would please to affix on his Words. Thus when he writes Tarquin, or Pepin, or Nero, they say, he meant King Charles; and so, scandalously of him, as well as wickedly of the Gentleman, make a Monster and a Ravisher of their King, and then take away another's Life for doing it. There was a Minister I have somewhere read of, who was accused for writing a libel against Queen Elizabeth, and her Government ; and the Fact there, 'tis true, lay as this does upon Innuendo's, though
much more plain and pregnant. — But all the Punishment in flicted on him, though thought severe enough, reached not his Head, the Loss of his Hand being thought sufficient, while with that which was left, he pulled off his Hat, and prayed God to bless the Queen. — But this was under a mild Reign, and truly
Protestant Government.
As for my Lord Howard's Evidence, had the Jury been any
but such as they were, and Sidney describes them, they would not have hang'd a Jesuite upon the Credit on't ; he having, one would think, that read the Trials, taken a Pride in damning . himself deeper and deeper against every new Appearance in publick, on purpose to try the Skill and Face of the Council in bringing him off again. To the Evidence brought against him in my Lord Russel's Case, he had taken Care that these follow ing should be added.
Algemon »>ttinep, (£gq.
75
The E. of Clare witnesses, that he said, after Sidney's Impri sonment, if questioned again, He would never plead — (Had it not been a pleasant Thing for my Lord Howard to have been pressed to Death for not speaking? ) And that he thought Colonel Sidney as innocent as any Man breathing : Mr. Ducas says the same, so does my Lord Paget, and Mr. Edward, and Philip Howards, and Tracy, and Penwick, and Mr. Blake, that be said he had not his Pardon, and could not ascribe it to any
Reason, but that he must not have it till the Drudgery of Swear ing was over.
But though there was no reasonable Answer could be given to all this ; tho' Sidney pleaded the Obligations my Lord Howard had to him, and the great Conveniency he might think there might be in his being hang'd, since he was some Hundreds of
Pounds in his Debt, which would be the readiest Way of paying him ; and had besides, as it appeared, a great mind to have the Colonel's Plate secured at his own House ; tho' never Man in the World certainly ever talk'd stronger Sense, or better Reason, or more evidently batter'd the Judges, and left 'em nothing but Railing. —'Twas all a Case with him, as well as the others ; and the Petty Jury could as easily have found him Guilty, without hearing his Trial, as the Grand Jury did, as soon as e'er they saw the Bill. Never was any thing more base and barbarous, than the summing up the Evidence and Directions to the Jury, who yet stood in no great Need of 'em : Nor more uncivil and sawcy a Reflection on the Noble Family and Name of the Sidneys than the Judges saying—That he was born a Traitor. Never any thing Braver, or more Manly, than his Remonstrance to the King for Justice, and another Trial : Nor lastly, more Roman, and yet truly Christian than his end. The Brave Old Man came up on a Scaffold, as unconcerned as if he had been going to fight, and as lively as if he had been a Russel. In his last Speech he gives almost all the Substance of all those Books which have been lately written in the Defence of the late Tran sactions, and no disgrace to 'em neither ; since Truth and Reason are eternal, and one and the same from all Pens and Parties, and at all Times ; however there may be some Times so bad, that they won't bear some Reason^ any more than some Doctrine. —He there says as much in a little as ever Man did—[That
76
flfliegtem S^artprologp.
Magistrates were set up for the good of Nations, not h contra. ] If that be Treason, K. Charles the First is guilty on't against himself, who says the same Thing. [That the Power of Magis trates is what the Laws of the Country make it : That those Laws and Oaths have the Force of a Contract, and if one Part
is broken, t'other ceases. ] And other Maxims of the same Neces sity and Usefulness. — He, besides this, gave a full Account of the Design of his Book, of his Trial, and the Injustice done him therein ; of the Jury's being packt, and important Points of Law over-ruled; and ends with a most Compendious Prayer, in which he desires God would forgive his Enemies, but keep 'em from doing any more Mischief—And then he laid down his Head, and went to Sleep.
TO THE KING'S MOST EXCELLENT MAJESTY.
The Humble Petition
of Algernon Sidney, Esquire,
Sheweth,
That your Petitioner, after a long and close Imprisonment,
was on the Seventh day of this Month, with a Guard of Soldiers brought into the Pallace-Yard, upon a Habeas Corpus directed to the Lieutenant of the Tower, before any Indictment had been exhibited against him : But while he was there detained, a Bill was exhibited and found ; whereupon he was immediately car ried to the King's Bench, and there Arraign'd. In this Surprize he desired a Copy of the Indictment, and leave to make his Exceptions, or to put in a special Plea, and Council to frame it ; but all was denied him. He then offered a Special Plea ready ingross'd, which also was rejected without reading : And being threatned, that if he did not immediately plead guilty or not guilty, Judgment of High Treason should be entered, he was forced contrary to Law (as he supposes) to come to a general issue in pleading not guilty.
November 21. He was brought to his Trial, and the Indict ment being perplexed and confused, so that neither he nor any of his Friends that heard it, could fully comprehend the Scope of
he was wholly unprovided of all the Helps that the Law
.
it,
Algernon &i'&nep, d&q.
77
allows to every Man for his Defence. Whereupon he did again desire a Copy, and produced an Authentick Copy of- the Statute of 46 Ed. 3. whereby 'tis enacted, That every Man shall have a Copy of any Record that touches him in any manner, as well that which is for or against the King, as any other Person ; but could neither obtain a Copy of his Indictment, nor that the Statute should be read.
The Jury by which he was tried, was not (as he is informed) summoned by the Bailiffs of the several Hundreds, in the usual and legal Manner, but names were agreed upon by Mr. Graham, and the Under-Sheriff, and Directions given to the Bailiffs to summon them : And being all so chosen, a Copy of the Pannel was of no Use to him. When they came to be called, he excepted against some for being your Majesty's Servants, which he hoped should not be returned, when he was prosecuted at your Majesty's Suit ; many more for not being Freeholders, which exceptions, he thinks, were good in Law ; and others were lewd and infamous Persons, not fit to be of any Jury : But all was over-ruled by the Lord Chief Justice, and your Petitioner forced to challenge them peremptorily, whom he found to be pickt out as most suitable to the Intentions of those who fought his Ruin ; whereby he lost the Benefit allowed him by Law of making his Exceptions, and was forced to admit of Mechanick
Persons utterly unable to judge of such a Matter as was to be brought before them. This Jury being sworn, no Witness was produc'd who fixed any thing beyond Hearsay upon your Peti tioner, except the Lord Howard, and them that swore to some Papers said to be found in his House, and offered as a second Witness, and written in an Hand like to that of your Petitioner.
Your Petitioner produced Ten Witnesses, most of them of Eminent Quality, the others of Unblemisht Fame, to shew the Lord Howard's Testimony was inconsistent with what he had declared before (at the Trial of the Lord Russel ) under the same Religious Obligation of an Oath, as if it had been legally ad- ministred.
Your Petitioner did further endeavour to shew, That besides the Absurdity and Incongruity of his Testimony, he being guilty of many Crimes which he did not pretend your Petitioner had any Knowledge of, and having no other Hope of Pardon, than
78 'W$t
flfliegtern
Stpartprologp.
by the Drudgery of swearing against him, he deserved not to be believed. And Similitude of Hands could be no Evidence, as was declared by the Lord Chief Justice Keiling, and the whole Court in the Lady Carr's Case ; so as that no Evidence at all remained against him.
That whosoever wrote those Papers, they were but a small Part of a Polemical Discourse in Answer to a Book written about Thirty Years ago, upon general Propositions, applied to no Time, nor any particular Case ; That it was impossible to
judge of any Part of unless the whole did appear, which did not That the Sense of such Parts of as were produced, could not be comprehended, unless the whole had been read, which was denied That the Ink and Paper sheweth them to be writ many Years ago That the Lord Howard not knowing of them, they could have no Concurrence with what your Petitioner said to have designed with him and others That the Confusion and Errors in the writing shewed they had never been so much as reviewed, and being written in an Hand that no Man could' well read, they were not fit for the Press, nor could be in some Years, though the Writer of them had intended which did not appear. But they being only the present crude and private Thoughts of Man, for the Exercise of his own Understanding in his Studies, and never shewed to any, or applied to any par ticular Case, could not fall under the Statute of 25 Ed. which takes Cognizance of no such Matter, and could not by Construc tion be brought under such Matters being thereby reserved to the Parliament, as declared in the Proviso, which he desired might be read, but was refused.
Several important Points of Law did hereupon emerge, upon which your Petitioner, knowing his own Weakness, did desire that Council might be heard, or they might be referred to be found specially. But all was over-ruled by the Violence of the Lord Chief Justice, and your Petitioner so frequently interrupted, that the whole Method of his Defence was broken, and he not suffered to say the Tenth Part of what he could have alledged in his Defence. So the Jury was hurried into a Verdict they did not understand.
Now, for as much as no Man that oppressed in England, can have Relief, unless be from your Majesty, your Petitioner
it
is it ;
it,
is
it
a
; ;
it, 3.
;
is
;
Algernon feftinep, (iftsq.
79
humbly prays, that the Premises considered, your Majesty would be pleased to admit him into your Presence ; and if he doth not shew, that 'tis for your Majesty's Interest and Honour to preserve him from the said Oppression, he will not complain though he be left to be destroyed.
An Abstract of the Paper delivered to the Sheriffs on
the Scaffold on Tower-Hill, December 7. 1683. Algernon Sidney, Esquire, before his Execution.
First having excused his not speaking, as well because it was an age that made Truth pass for Treason, for the Proof of which, he instances his Trial and Condemnation, and that the Ears of some present were too tender to hear as because of the Rigour of the Season, and his Infirmities, Sr>c. then after a short Reflection upon the little said against him by other Wit nesses, and the little Value that was to be put? on the Lord Howard's Testimony, whom he charges with an Infamous Life, and many palpable Perjuries, and to have been byassed only by the Promise of Pardon, Sr>c. and makes, even tho' he had been liable to no Exceptions, to have been but single Witness He proceeds to answer the Charge against him from the writings found in his Closet by the King's Officers, which were pretended, but not lawfully evidenced to be his, and pretends to prove, that had they been his, that they contained no Condemnable Matter, but Principles, more safe both to Princes and people too, than the pretended high-flown plea for Absolute Monarchy, composed by Filmer, against which, they seemed to be levelled and which, he says, all intelligent Men thought were founded on wicked Principles, and such as were destructive both to Magis trates, and People too. Which he attempts to make out after this manner.
First, says he, Filmer might publish to the World, That Men were born under a necessary indispensable Subjection to an Absolute King, who could be restrained by no Oath, &*c. whether he came to by Creation, Inheritance, &*c. nay, or even by Usurpation Why might he not publish his Opinion to the con trary, without the Breach of any known Law Which Opinion he professes, consisted in the following Particulars.
by
?
?
it
if
;
:
a
it,
80 %ty flalegtem S^actprologp.
1. That God had left Nations at the Liberty of modelling their own Governments.
2. That Magistrates were instituted for Nations, and not e contra.
3. That the Right and Power of Magistrates was fixed by the standing Laws of each country.
4. That those Laws sworn to on both Sides, were the Matter of a Contract between the Magistrate and People, and could not be broken without the Danger of dissolving the whole Govern ment.
5. That Usurpation could give no Right ; and that Kings had no greater Enemies than those who asserted that, or were for stretching their Power beyond its Limits.
6. That such Usurpations commonly effecting the Slaughter of the Reigning Person, &c. the worst of Crimes was thereby most gloriously rewarded.
7. That such Doctrines are more proper to stir up Men to destroy Princes, than all the Passions that ever yet swayed the worst of them, and that no Prince could be safe, if his Murderers may hope such Rewards ; and that few Men would be so gentle as to spare the Best Kings, if by their Destruction a wild Usur
per could become God's Anointed, which he says was the Scope of that whole Treatise, and asserts to be the Doctrine of the best Authors of all Nations, Times, and Religions; and of the Scrip ture, and so owned by the best and wisest Princes, and particu larly by Lewis \4th of France, in his Declaration against Spain, Anno 1667. and by King James of England, in his Speech to Parliament 1603, and adds, that if the Writer had been mistaken, he should have been fairly refuted, but that no Man was ever otherwise punished for such Matters, or any such Things referred to a Jury, cW. That the Book was never finished, 8r>c. nor ever
seen by them whom he was charged to have endeavoured by it to draw into a Conspiracy : That nothing in it was particularly or maliciously applied to Time, Place, or Person, but distorted to such a Sense by Innuendo's, as the Discourses of the Expul sion of Tarquin, Sec. and particularly of the Translation made of the Crown of France from one Race to another, had been then applied by the then Lawyers Innuendo's to the then King
of England; never considering, adds he, that if such Acts of
Algernon »>i'tmep, (Esfq. 81
State be not allowed good, no Prince in the World has any Title to his Crown, and having by a short Reflection shown the Ridicu lousness of deriving Absolute Monarchy, {mm Patriarchal Power, he appeals to all the World, whether it would not be more advantagious to all Kings, to own the Derivation of their Power to the Consent of willing Nations, than to have no better Title than Force, dr'c. which may be over-powered.
But notwithstanding the Innocence and Loyalty of that Doc trine, he says, He was told he must die, or the Plot must die, and complains, that in Order to the destroying the Best Protes tants of England, the Bench was filled with such as had been Blemishes to the Bar; and instances, how, against Law, they had advised with the King's Council about bringing him to Death, suffered a Jury to be packt by the King's Sollicitors, and the Under-Sheriff admitted Jury-men no Free-holders, received Evidence not valid; refused him a Copy of his Indictment, or to suffer the Acts of the 46th of Ed. 3. to be read, that allows it had
over-ruled the most Important Points of Law, without hearing, and assumed to themselves a Power to make Constructions of Treason, though against Law, Sense, and Reason, which by the
Stat, of the i$th of Ed. 3, by which they pretended to Try him, was reserved only to the Parliament; and so praying God to forgire them, and to avert the Evils that threatned the Nation, to sanctifie those Sufferings to him, and tho' he fell a Sacrifice to Idols, not to suffer Idolatry to be established in this Land, &c. He concludes with a Thanksgiving, that God had singled him out to be a Witness of his Truth, and for that Good Old Cause, in which from his Youth he had been engaged, Sfc.
His Epitaph.
Algernon Sidney fills this Tomb,
An Atheist by declaiming Rome;
A Rebel bold, by striving still
To keep the Laws above the Will ;
And hindring those would pull them down, To leave no Limits to a Crown.
Crimes damn'd by Church and Government, Oh whither must his Soul be sent !
G
>
Clje afilesstern S^artprolosp.
Of Heaven it must needs despair,
If that the Pope be Turn-key there ;
And Hell can ne'er it entertain,
For there is all Tyrannick Reign,
And Purgatory's such a Pretence,
As ne'er deceiv'd a Man of Sense.
Where goes it then ? Where't ought to go,
Where Pope and Devil have nought to do.
His Character.
There's no Need of any more than reading his Trial and Speech, to know him as well as if he stood before us. That he was a Person of extraordinary Sense, and very close thinking,
which he had the Happiness of being able to express in Words as manly and apposite as the sense included under 'em. He was owner of as much Vertue and Religion, as Sense and Rea son ; tho' his Piety lay as far from Enthusiasm as any Man's.
He feared nothing but God, and loved nothing on earth like his Country, and the just Liberties and Laws thereof, whose Consti tutions he had deeply and successfully inquired into. To sum up all, He had Piety enough for a Saint, Courage enough for a General or a Martyr, Sense enough for a Privy- Counsellor, and Soul enough for a King ; and in a Word, if ever any, he was a
perfect English-man.
M R. JAMES HOLL O WA Y.
R. Holloway was by Trade a Merchant; but his greatest Dealing lay in Linen Manufacture, which, as appears from his Papers, he had brought to such a Heighth here in England, as, had it met with
suitable encouragement, would, as he made it appear, have im- ployed 80000 Poor People, and 40000 Acres of Land, and be 200000 Pounds a Year Advantage to the Publick Revenues of the Kingdom. The Return of the Habeas Corpus Writ calls him, [Late of London, Merchant] though he lived mostly at
82
$$v, Harneg ^ollotoap.
83
Bristol. He seems to be a Person of Sense, Courage, and Vivacity of Spirit, and a Man of Business. — All we can have of him is from that publick Print called his Narrative, concerning which it must be remembred, as before, that we have no very firm Authority to assure us all therein contained was his own writing ; and perhaps it might be thought convenient he should die, for Fear he might contradict some Things published in his
Name. But on the other Side, where he contradicts the other Witnesses, his Evidence is strong, since be sure that was not the Interest of the Managers to invent of their own Accords ; tho' some Truth they might utter, though displeasing, to gain Credit to the rest. Taking Things however as we find 'em, 'twill be convenient for Method's Sake to take Notice first of the
Proceedings against him, then of some pretty plain Footsteps of Practice upon him, and shuffling dealing in his Case ; and lastly, of several Things considerable in his Narrative.
He was accused for the Plot, as one who was acquainted with West, Rumsey, and the rest ; and having been really present at their Meetings and Discourses on that Subject, absconded when
the publick News concerning the Discovery came into the Country ; tho' this, as he tells the King, more for Fear, that if he was taken up, his creditors would never let him come out of Goal, than any thing else. After some Time he got to Sea in a little Vessel, went over to France, and so to the West-Indies,
among the Caribbe-Islands, where much of his Concerns lay : But writing to his Factor at Nevis, he was by him treacherously betrayed, and seized by the Order of Sir William Stapleton, and
thence brought Prisoner to England, where after Examination, and a Confession of at least all he knew, having been Outlawed in his absence on an Indictment of Treason ; he was on the 2 1 st of April, 1684. brought to the King's Bench, to shew Cause why Execution could not be awarded against him, as is usual in that Case ? He opposed nothing against only saying, [/fan ingenuous Confession of Truth could merit the King's Pardon,
he hoped he had done it] The Attorney being called for, ordered the Indictment to be read, and gave him the Offer of a Trial, waving the Outlawry, which he refused, and threw himself on the King's Mercy. On which Execution was awarded, tho' the Attorney, who had not so much Law even as Jeffreys, was for
G 2
it,
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dfliegtern S^artprologp.
having Judgment first past against him, which is never done in such Cases, according to which he was executed at Typurn the 30th ofApril.
It seemed strange to all Men, that a Man of so much Spirit, as Mr. Holloway appear'd to be, should so tamely die without making any manner of Defence, when that Liberty was granted him : It seemed as strange, or yet stranger, that any Protestant should have any thing that lookt like Mercy or Favour from the Persons then at the Helm, [That they should be so gra cious to him as 'tis there called, to admit him to a Trial, which lookt so generously, and was so cried up — the Attorney calling it [A Mercy and a Grace] and the Lord Chief Justice saying, He'd assure him 'twas a great Mercy, and that it was exceeding well. Now all this Blind or Mystery will be easily unriddled, by two or three' Lines which Holloway
speaks just after, I[My Lord, says
fend my self, for
his Majesty, that
have confessed
guilty of many Things in that Indictment. ] Which was imme
am diately made Use of as 'twas designed — Good Mr. Justice With->
/
Notice of his open Confession, when he might try it if he would
ens crying out full mouth'd,
hope every Body
here will take
—Surely none but will believe this Conspiracy now, after what this Man has owned. ] So there's an End of all the Mercy —A Man who had before confess'd in order to be hang'd, had gra cious Liberty given him to confess it again in Publick, because they knew he had precluded all Manner of Defence before, and this publick Action would both get 'em the Repute of Clemency, and confirm the Belief of the Plot. Now that there had been Practice used with him, and Promises of Pardon, if he'd take this Method, and own himself guilty without Pleading, is more than probable, both from other Practices of the same Nature used towards Greater Men, and from some Expressions of his which look exceeding fair that Way. Thus in his PaIper left
[/ I I
did not did not speak
behind him, had, he says, some other Reasons why
Iwhich at present
he, cannot /I
conceal, as also why Other Reasons, besides his
plead,
what
His Majesty, and Reasons to be concealed. ' Now what should those be but Threatnings and Promises, to induce him to
intended. ]
Silence, and publick Acknowledgment of all ? Which appears
before
undertake to de
Confession
to
yet plainer from another Passage, [I am satisfied that all Means which could be thought on have been used, to get as much out of me as possible. ] If all Means, then without straining, those before mentioned.
But if he made so fair and large an Acknowledgment, here's more Mystery still ; Why wasn't his Life spared ? Let any read his Confession and Speech, or these Passages observed out of them, and he'll no longer wonder at it. He was a little squeasie- conscienced, and would not strain so far as others in accusing Men of those black Crimes whereof they were innocent ; nay, as was before said, vindicating them from those Assertions cast upon them, and for which some of them, particularly my Lord Russel, suffered death. He says, [7%^ Assassination was carried on but by Three or Four, and could never hear so much as the Names of above Five for it— That he and others had declared their Abhorrence of any such Thing— That Ferguson was not in
And besides, speaks some Things with the Liberty of an Englishman, shews the very Root of all those Heats which had been raised — Says what was true enough, [That the Protestant Gentry had a Notion of a Devilish Design of the Papists to cut off the King's Friends, and stirring Men in both last Parlia ments ; That they had long had Witnesses to swear them out oftheir Lives, but no Juries to believe 'em; That now the Point about the Sheriffs was gained, that Difficulty was over; That the King had bad Council about him who kept all Things from his Know ledge; That ifThings continued thus, the Protestant Gentry re- solv'd to get the King from his Evil Council, and then he'd immediately be of their Side, and suffer all Popish Offenders to be brought to Justice. ] Hence 'twas plain, no Assassination, no Plot against the King and Government intended ; only Treason against the Duke of York and the Papists, who were themselves Traitors by Law. But yet one bolder Stroak than all this, [He prays the King's Eyes might be opened, to see his Enemies from his Friends, whom he had Cause to look for nearer home. ] Was a Man to expect Pardon after this ? — No certainly, which he soon himself grew sensible of, and prepared for Death, [the Council, as he says, taking it very heinously that he should
presume to write such Things. ]
As for what Sheriff Daniel urges, That what he said about the
it. ]
86
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Me&mn Stpartprolog^
King were but Glossy Pretences; He answers him very well, That 'twas far otherwise. Here was plain Matter of Fact : The Kingdom in eminent Danger, the Fit just coming on, which has since so near shaken to pieces all the Frame of Church and State, which has so many Years been rising to this Compleat- ness: Ordinary Ways and usual Remedies could not prevail; these Protestants were forced to betake themselves to extraor dinary, in Defence of the Government and Laws, and not against
'em, any more than 'twould have been to have taken Arms, and rescued the King from a Troop of Banditti, who had got Pos session of his Person; the Papists who had him, being as visibly and notoriously obnoxious to the Government, and as dead Men in Law, most of 'em, as Publick Thieves and Rob bers. Thus much of Mr. Holloway, the Popish tender Mercy
towards him, his Confession and Execution.
Mr. Holloway declared, that Mr. West proposed the Assassi
nation, but none seconded him—That he could not perceive that Mr. Ferguson knew anything of it ; and Holloway said, It was our design to shed no Blood; He being interrogated, by Mr. Ferguson's Friend, Mr. Sheriff Daniel, whether he knew Ferguson; He answered, That he did know him, but knew
him to be against any Design ofkilling the King.
SIR THOMAS ARMSTRONG.
UT the next had not so fair Play, because they knew he'd make better Use on't. They had this Lion in the Toils, and did not intend to let him loose again to make Sport, lest the Hunters themselves
should come off ill by it. He had been all his Life a firm Servant and Friend to the Royal Family, in their Exile and afterwards; He had been in Prison for 'em under Cromwel, and in Danger both of Execution and Starving ; for all which they now rewarded him. He had a particular Honour and Devotion for the Duke of Monmouth, and pusht on his Interest on all
feu'r 'flrftomasf ^matrons;. 87
Occasions, being a Man of as undaunted English Courage, as ever our Country produced. He was with the Duke formerly in his Actions in Flanders, and shared there in his Danger and Honour. His Accusation was, his being concerned in the General Plot, and that too of Killing the King ; but he was in deed hang'd for running away, and troubling 'em to send so far after him. The Particulars pretended against him, were what the Lord Howard witnessed in Russel's Trial, [Of his going to kill the King when their first Design failed. } But this was there only a Supposal, though advanced into a formed Accusa tion, and aggravated by the Attorney, as the Reason why he had a Trial denied him, when Holloway had one offered, both of 'em being alike Outlawed. On which Outlawry Sir Thomas was kidnapt in Holland, and brought over hither in Chains, and robbed by the Way into the Bargain. Being brought up, and askt what he had to say, that Sentence should not pass upon him, he pleaded the 6th of Ed. 6, wherein 'tis provided {That ifa Person Outlawed render himself in a Year after the Outlawry pronounced, and traverse his Indictment, and shall be acquitted on his Trial, he shall be discharged of the Outlawry. } On which he accordingly then and there made a formal Sur render of himself to the Lord Chief Justice, and askt the Benefit of the Statute, and a fair Trial for his Life, the Year not being yet expired. If ever any thing could appear plain to common Sense, 'twas his Case. The Statute allows a Year's Time, the Year was not out, he surrendered himself, demands the Benefit of it; and all the Answer he could get, or Reason to the con trary, was the positive Lord Chief Justice's, [We don't think so, and we are of another Opinion] Nay, could not have so much
Justice as to have Counsel allowed to plead tho' the Point suf ficiently deserved and here was the Life of an Old Servant of the King's concerned in it. When he still pleaded, That a little while before, one, meaning Holloway, had the Benefit of a Trial offered him, he'd accept and that was all he now desired. The Lord Chief Justice answers, That was only the Grace and Mercy of the King. The Attorney adds, The King did indulge Holloway so far as to offer him a Trial, and his Majesty perhaps might have some Reason for The very self-same same Rea son, no Doubt on't, which Holloway says he had for not pleading.
it :
if
it,
it,
it,
88 %ty
Wt$mn S^artprologp
But Sir Thomas (the Attorney goes on) deserved no Favour, because he was one of the Persons that actually engaged to go, on the King's hasty coming from New-market, and destroy him by the Way as he came to Town; and that this appeared upon as full and clear Evidence, and as positively testified, as any Thing could be, and this in the Evidence given in of the late horrid Conspiracy^ Now I'd fain know who gives this clear and full Evidence in the Discovery of the Conspiracy ? Howard's is meer Supposition, and he's all who so much as mentions a Syllable on't, that ever could be found on Search of all the Papers and Trials relating to that Affair. To this Sir Thomas answers in his Speech, [That had he come to his Trial, he could have proved my Lord Howard's base Reflections on him to be a
notorious Falshood, there being at least Ten Gentlemen, besides all the Servants in the House, could testifie where he dined that very Day. ]
Still Sir Thomas demanded the Benefit of the Law, and no more : To which Jeffreys answered, with one of his usual bar barous Insults over the Miserable, [That he should have it by the Grace of God; ordering, That Execution be done on Friday next according to Law. And added, That he should have the full Benefit ofthe Law:] Repeating the Jest, lest it should be lost, as good as three times in one Sentence. Tho' had not his Lordship slipt out of the World so slily, he had had as much Benefit the same Way, and much more justly than this Gentleman.
Then the Chief Justice proceeds, and tells him, We are satis fied that according to Law, we must award Execution upon this Outlawry : ThereIupon Mrs. Mathews, Sir Thomas's daughter,,
hope you will not Murther my Father: For which, being Browbeaten and Checkt, she added, God Almighty's
Judgments Light upon YOU.
The Friday after he was brought to the Place of Execution,
Dr.
Tennison being with him, and on his Desire, after he had given what he had to leave, in a Paper, to the Sheriff, prayed a little while with him. He then prayed by himself; and after
having thanked the Doctor for his great Care and Pains with him, submitted to the Sentence, and died more composedly, and full as resolutely as he had lived. 'Tis observable, that more Cruelty was exercised on him than any who went before him,
said, My Lord,
&ft tOjomag Armgtrong.
89
not only in the Manner of his Death, but the exposing his Limbs and Body : A fair Warning what particular Gratitude a Protestant is to expect for having obliged a true Papist.
Another Thing worth remembering, in all other Cases as well as this, tho' Occasion is here taken to do That whereas in Holloway's Case, Jeffreys observed, That not one of all con cerned in this Conspiracy had dared to deny it; and lower, to deny the Truth ofthe Fact absolutely. 'Tis so far from being true, that every one who suffered, did as absolutely as possible. They were Tried or Sentenced for {Conspiring against the King and Government] that was their Plot; but this they all deny, and absolutely too; and safely might do it: For they consulted for
not conspired against resolving not to touch the King's Per son; nay, possible, not to shed one Drop of Blood of any other, as Holloway and others say. For the King's Life, Sir Thomas says as the Lord Russel, [Never had any Man the Impudence to
propose so base and barbarous a Thing to him. ] Russel, and almost all besides, say, They had never any Design against the Government. Sir Thomas here says the same, [As he never had any Design against the King's Life, nor the Life of any Man, so
he never had any Design to alter the Monarchy. ]
As he lived, he says, he died a sincere Protestant, and in the
Communion of the Church of England, tho' he heartily wished he had more strictly lived up to the Religion he believed. And tho' he had but a short Time, he found himself prepared for Death; and indeed, as all his Life shew'd him Man of Courage, so his Death, and all the rest of his Behaviour, did, a Penitent Man, a Man of good Sense, and a good Christian.
At the Place of Execution, Sir Thomas Armstrong deported himself with Courage becoming great Man, and with the Seriousness and Piety suitable to very good Christian.
Sheriff Daniel told him, he had Leave to say what he pleased, and should not be interrupted, unless he upbraided the Govern ment; Sir Thomas thereupon told him, that he should not say anything by way of Speech; but delivered him a Paper, which he said contained his Mind he then called for Dr. Tennison,
who prayed with him, and then he prayed himself.
In his Paper he thus expressed himself, That he thanked Almighty God he found himself prepared for Death, his
;
a
a
a
it, is,
if
it,
it,
it . ]
[
Thoughts set upon another World, and weaned from this; yet he could not but give so much of his little Time as to answer some Calumnies, and particularly what Mr. Attorney accused him of at the Bar.
That he prayed to be allowed a Trial for his Life according to the Laws of the Land, and urged the Statute of Edward 6, which was expressly for it ; but it signified nothing, and he was with an extraordinary Roughness condemned, and made a Precedent ; tho' Holloway had it offered him, and he could not but think all the World would conclude his Case very dif ferent, else why refused to him ?
That Mr. Attorney charged him for being one of those that were to kill the King; He took God to witness, that he never had a Thought to take away the King's Life, and that no Man ever had the Lmpudence to propose so base and barbarous a Thing to him; and that he never was in any design to alter the Government.
That if he had been tried, he could have proved the Lord Howard's base Reflections upon him to be notoriously false— He concluded, that he had lived, and now died of the Reformed Religion, a Protestant in the Communion of the Church of England, and he heartily wished he had lived more strictly up to the Religion he believed : That he had found the great Comfort of the Love and Mercy of God, in and through his blessed Redeemer, in whom he only trusted, and verily hoped he was going to partake of that Fulness of Joy which is in his Presence, the Hopes whereof infinitely pleased him. He thanked God he had no repining, but chearfully submitted to the Punish ment of his Sins; He freely forgave all the World, even those concerned in taking away his Life, tho' he could not but think his Sentence very hard, he being denied the Laws of the Land.
On the Honourable Sir Thomas Armstrong, Executed
June 20. 1684.
Hadst thou abroad found Safety in thy flight,
Th' Immortal Honour had not shin'd so bright. Thou hadst been still a worthy Patriot thought; But now thy Glory's to perfection brought.
In Exile, and in Death to England true:
What more could Brutus, or just Cato do ?
'
9*
ALDERMAN CORNISH.
O make an End of this Plot altogether, 'twill be necessary once more to invert the Order in which Things happened, and tho' Mr. Cornish suffered not till after the Judges returned from the West, as well
as Bateman after him, yet we shall here treat of 'em both, and so conclude this Matter.
Mr. Cornish was seized in October, 1685, and the Monday after his Commitment, which was on Tuesday or Friday, Ar raigned for High Treason, having no Notice given him till Saturday noon. His Charge was for Conspiring to kill the King, and promising to assist the Duke of Monmouth, &°c, in their Treasonable Enterprises. He desired his Trial might be deferred, because of his short Time for Preparation ; and that he had a considerable Witness an Hundred and Forty Miles off, and that the King had left it to the Judges, whether it should be put off or no. But 'twas denied him; the Attorney telling him, He had not deserved so well ofthe Government as to have his Trial delayed. That was in English, because he had been a Protestant Sheriff, he should not have Justice.
The Evidences against him were Rumsey and Goodenough. Rumsey swears, [That when he was at the famous Meeting at Mr. Shepherd's, Mr. Shepherd being called down, brought up Mr. Cornish ; and when he was come in, Ferguson opened his Bosom, and under his Stomacher pulled out a Paper in the Nature of a Declaration of Grievances, which Ferguson read, and Shepherd held the Candle while 'twas reading; that Mr. Cornish liked it, and what Interest he had, said, would join with it; and that out of Compassion he had not accused Mr.
Cornish before^
Goodenough swears, That he talkt with Cornish ofthe Design
of seizing the Tower. Mr. Cornish said, He would do what good he could, or to that purpose.
To Goodenough' s Evidence was opposed Mr. Gospright's, who testified Mr. Cornish opposed his being Under-Sheriff, saying,
That he was an ill Man, obnoxious to the Government, and he'd not trust an Hair of his Head with him. And is it then
92 Cfje flfllesftern S^artprologp
probable that he'd have such Discourses with him as would endanger Head and all ? Mr. Love, Jekil, and Sir William
Turner, witness to the same Purpose.
As to Rumsey's Evidence, the Perjury lyes so full and staring,
that 'tis impossible to look into the Trial with half an Eye with out meeting it. Compare what he says on Russel's Trial, and here, and this will be as visible as the Sun. Being askt there,
Whether there was any Discourse about a Declaration, and how long he staid; he says, [He was there about a Quarter of an Hour, and that he was not certain whether he heard something about a Declaration there, or whether he had heard Ferguson report afterwards, that they had then debated it. ] Now turn to Cornish's Trial, he is there strangely recovered in his Memory, and having had the Advantage, either of Recollection, or better Instruction, remembers that distinctly in October 1685, which he could not in July 1683. {He had been there a Quarter of an Hour] the Time he states in the Lord Russel's Trial, but lengthens it out, and improves it now, to so long Time as Mr. Shepherd's going down, bringing Cornish up, Ferguson's pulling out the Declaration, and reading and that, as Shepherd said in Russel's Trial, a long one too, as certainly must be, as 'twas sworn, contained all the Grievances of the Nation, and
yet all this still in a Quarter of an Hour; thus contradicting _ himself both to Time and Matter.
But he of such Villanous Credit, that his Evidence scarce fit to be taken even against himself. Let's see then how Shep herd does Point-blank contradict, and absolutely overthrow in every Particular, as expressly as 'tis possible to ruin any Evi dence. He says, [At one Meeting only Mr. Cornish was at his House to speak with one of the Persons there; that then he him self came upstairs, and went out again with Mr. Cornish.
That there was not one Word read, nor any paper seen while Mr. Cornish was there, and this he was positive of, for Mr. Cornish was not one of their Company. ]
Now who should know best, Rumsey what Shepherd did, or he what he did himself? Could a Man hold the Candle while Declaration was read, as Rumsey swears Shepherd did, and yet know nothing of nay, protest the quite contrary What Sizes the Consciences of his Jury were, let any Christian, Turk,
it,
?
is
if,
a
it
is
it
it
it,
93
or Jew, be Judge ; and Providence has already visibly done it on the Foreman of who came to an untimely End, being beaten to Pieces by the Fall of some Timber at a Fire in
Thames-street.
All that pretended to bolster Rumsey's Evidence, and hinder
Shepherd'shomsavingihe Prisoner, was, That Shepherd strength-' ened Rumsey, and proved Cornish guilty of a Lie. But we enquire into the Matter, we shall find one just as true as the other.
Cornish on his Trial said to have denied his being at the Meeting, and discoursing with the Duke of Monmouth. Which they'd have us believe Shepherd swears he was, tho' not a Syllable of appears. [He had been there several Times, Shep
herd, says, but was not of their Consult, knew nothing of their Business, nor can he be positive whether 'twas the Duke of Monmouth he came to speak with that Evening. ] But sup posing in two or three Years Time, and on so little Recollection,
Cornish's Memory had slipt in that Circumstance, what's that to Shepherd's Evidence against the very Root of Rumsey which hang'd the Prisoner
In Spight of all he was found Guilty, and Condemned, and even that Christian Serenity of Mind and Countenance, where with 'twas visible he bore his Sentence, turned to his Reproach by the Bench.
He continued in the same excellent Temper whilst in Newgate, and gave the World glaring Instance of the Happiness of such Persons as live a Pious Life, when they come to make an End on't, let the Way thereof be never so violent. His Carriage and Behaviour at his leaving Newgate was as follows.
Some Passages Henry Cornish, Esq, before his Sufferings.
Coming into the Press-yard, and feeling the Halter in the Officer's Hand, he said, Is this for me The Officer answered, Yes he replied, Blessed be God, and kissed and after said,
blessed be Godfor Newgate, have enjoyed God ever since came within these Walls, and blessed be God who hath made me fit to die. am now going to that God that will not be mocked,
to that God that will not be imposed upon, to that God that
O
;
I it is
I
?
I
if
it ;
of
a
?
's
is
it,
94 Hfa flfllesftern S^artprologp.
knows the Innocency of his poor Creature. And a little after he said, Never did any poor Creature come unto God with greater confidence in his Mercy, and Assurance of Acceptation with him, through Jesus Christ, than Ido; but it is through Jesus Christ, for there is no other Way of coming to God but by him, to find Acceptance with him : There is no other Name given under Heaven whereby we can be saved, but the Name of Jesus. Then speaking to the Officers, he said, Labour every one ofyou to be fit to die, for Itell you, you are notfit to die : Iwas not fit to die myself before I came hither; but 0 blessed be God, he hath made me fit to die, and hath made me willing to die ! In a few
I
shall have the Fruition
Moments
that not for a Day, but for ever. of
I
God the Son, and of God the Holy Spirit, and of all the Holy
God, where
shall enjoy the Presence God the Father, and of
of
I
of
the Blessed Jesus, and am going to the Kingdom
Angels; 1 am going to the general Assembly of the First-born, and of the Spirits of Just Men made perfect : O that God should ever do so much for me I O that God should concern himself so much for poor Creatures, for their Salvation, blessed be his Name ! For this was the Design of God from all Eternity, to give his only Son to dieforpoor miserable Sinners. I Then the Officers going to tie his Hands, he said, What, must
be tied then ? Well, a Brown TI
ITurn; you nI thank God
hred might have served the
Fellow-Prisoners here ;
shall not stir
am not to die. As he was going out, he
eed not tie me at all,
from you, for
afraid Newgate; farewel
all
Farewel,
the Lord comfort you, the Lord be with you all.
said,
my
Thus much for his Behaviour in the Way to his Martyrdom. The Place of it was most spitefully and ignominiously ordered, almost before his own Door, and near Guildhall, to scare any good Citizen from appearing vigorously in the Discharge of his Duty for his Country's Service, by his Example. If any thing was wanting in his Trial, from the Haste of for the clearing his Innocency, he sufficiently made up in solemn Assevera tions thereof on the Scaffold: [God is my Witness, says he, the Crimes laid to my Charge were falsly and maliciously sworn against me the Witnesses for never was at any Consult, nor any Meeting where Matters against the Government were discoursed of] He adds, never heard or read any Declaration
[/
;
by
I
it,
it
Corntglj. I 95
tending that Way. ] Again, [As for the Crimes for which suffer, Upon the Words of a dying Man, I'm altogether Inno cent. ] Lower he adds, [He died as he had lived, in the Com
munion of the Church of England, in whose Ordinances he had been often a Partaker, and now felt the Blessed Effects thereof in these his Agonies. ]
He was observed by those who stood near the Sledge, to have solemnly, several Times, averred his absolute Innocence of any Design against the Government, and particularly that which he died for.
There were some persons, who are sufficiently known, who were present at, and exprest a great deal of barbarous Joy at his Death : The open Publication of their Names is here spared, in
Hopes they have or will repent of so unmanly and unchristian a Behaviour ; tho' some of them then were so confounded with his Constancy and Chearful Bravery, as wickedly to report,
That he was Drunk or Mad when he died. His Quarters were set up on Guildhall, in Terrorem, and for the same Reason, no doubt, before mentioned, for which he was executed so near it. There was such a terrible Storm the Day of his Death, as has scarce been known in the Memory of Man ; and will never be forgot by those who were in it ; ten or a dozen Ships being founder'd, or stranded in one Road, and a vast many more in other Places. And as Heaven then did him Justice, and vindicated his Innocence, so Earth also has done it since, the Judgment against him being reverst by that Honourable, ever
Memorable Parliament, which under God and our King, has settled the Happiness both of this Age and Posterity.
There wanted not a Sort of Men at this Time who would have persuaded the World, that Murder was a Royal Sport ; for at this Time was printed a Ballad, call'd, Advice to the City, sung to the King at Windsor, wherein are these entertaining
Lines.
Stlfierman
Then, London, be wise, and baffle their Power, And let 'em play the Old Game no more,
Hang, hang up the Sheriffs, Those Baboons in Power, Those Popular Thieves, Those Rats of the Tower.
96
a2lcsftem S^artprologp.
The Instruments of shedding this Blood may do well to reflect upon the Fate of Clowdesly, one of the Jury-men, and upon some others since, that were concerned in that Bloody Tragedy.
His Character.
He was a Person of as known Prudence as Integrity; a good
Christian, a compleat Citizen, a worthy Magistrate, and a worthy Church of England Man. He was so cautious and wise, that he was noted for it all thro' those worst of Times, and often proposed as an Example to others of hotter and more imprudent Tempers ; nor could the least Imputation be fixt on him of hearing, or con cealing any unlawful or dangerous Discourses, any other ways than by plain force of Perjury, being known to have shunned some Persons, whom he, as well as some other prudent Men, suspected to have no good Designs, and to be indued with no more Honesty than Discretion, as it afterwards proved. But he was designed to glorifie God by such an End as all his Care could not avoid, which he submitted to, with Bravery rarely to be met with, unless among those who suffered for the same Cause in the same Age ; or their Predecessors, Queen Mary's Martyrs. There was seen the same Tenour of Prudence and Piety through all the Actions of his Life, tho' most conspicuous in the last glorious Scene of it. There was such a firmness in his Soul, such Vigour, and almost Extatick Joy, and yet so well regulated, that it shin'd through his Face, almost with as visible Rays as those in which we use to dress Saints and Martyrs ; with which, both at his Sentence and Execution, he refresht all his Friends, and at once dazzled and confounded his
most bitter Enemies.
MR. CHARLES BATEMAN.
HE next and last was Mr. Bateman the Chyrurgeon, a Man of good Sense, good Courage, and good Company, and a very large and generous Temper, of considerable Repute and Practice in his Calling : A
great Lover and Vindicator of the Liberties of the City and Kingdom, and of more Interest than most of his station. He
S$r. Cljarlesf Batemaiu 97
was swore against by Rouse, Lee, and Richard Goodenough, upon the old Stories of seizing the Tower, City, and Savoy. We had had a better Defence, had he himself been able to have made it : But being kept close Prisoner in Newgate, the Windows and Rooms all dark, and little or no Company, he being a free jolly Man, and us'd formerly to Conversation and
Diversion, soon grew deeply melancholly ; and when he came on his Trial, appeared little less than perfectly distracted ; on which the Court very kindly gave his Son Liberty to make his Defence —The first instance to be sure of that Nature ; since he himself might probably, had he been in his Senses, have remembered and pleaded many Things more, which would have invalidated their Evidence against him. But had not the mistaken Piety of his Son undertook his Defence, certainly they could never have been such Cannibals to have tried one in his Condition. —Yet could but what he brought for him, been allowed its Weight and Justice, he had escaped well enough. For as for Lee, one Baker witnessed, [He had been practised upon by him in the Year 83,
and would have had him insinuate into Bateman's Company, and discourse about State-Affairs to trepan him, by which Means he should be made a Great Man. ] 'Twas urged besides, that there was three Years between the Fact pretended, and Lee's Prosecution of him, which, though they had but one Witness, could not have brought him to Punishment, which
would have been judged sufficient by any, but those who would be content with nothing but Blood. For Goodenough, he was but one Witness, and pardoned only so far, as to qualifie him to do Mischief. However he was found Guilty ; and just before his Execution very much recovered himself, dying as much like a Christian, and with as great a Presence of Mind as most of the others.
H
%ty flfllegtern S^artprologp,
DR. OATS, MR. JOHNSON, MR. DANGERFIELD.
E are now obliged, by the Thred of our History, to resume a Subject, which, 'tis not doubted, will be ungrateful enough to some Persons ; and that is, — the Popish Plot ; the Belief of which, by the in
defatigable Industry of that Party, and the weekly Pains of their Observator, and especially this last pretended Plot against the Government, was now almost entirely obliterated out of the Minds of the less thinking Part of the Nation. To accomplish
which more fully 'twas thought necessary by the Managers, either quite to take off, or expose to Miseries and Disgraces worse than Death, all those few Persons who remained honest and firm to their first Evidence : the Generality of the World judging by outward Appearance, and thinking it impossible but that one who stood in the Pillory, and was whipt at the Cart's- Arse, must be a PerjurM Rogue without more ado. Mr. Bedloe was dead, and his Testimony therefore would be easier forgotten ; tho' at his last Breath after the Sacrament, he Solemnly and
Juridically confirmed every Word of it before one of the Judges, who was happily in Bristol at the Time of his Death. Most of the Under-Evidences in the Plot were threatned, or promised, or brought off from what they had witnessed, or forced to leave the Land for the securing their Persons. None remains now besides Oats and Dangerfield, with whom all Means possible, fair and foul, had been used, to make 'em turn Villains, and deny their Evidence ; but to their eternal Praise, they still continued firm to their first Testimony, to the Rage and Confusion of their Enemies. They therefore went first to Work with the Doc tor ; and 'twill be worth the while to consider the Reason of his first persecution, by which Men that are not very prejudiced may see the Reason and Justice of those which follow, and 'twas \For scandalizing the Duke of York with that notorious Truth — That he was reconciled to the Church ^/"Rome, adding, What
every Man knows, that 'twas High Treason so to be. ] Would but the Doctor's greatest and most passionate Enemies reflect on this Beginning of his sorrows ; as well as calmly examine all
98
AND
99
that's to come, they must form a juster Judgment of his Person and Actions, than what seems too deeply fixed in 'em, ever to be rooted out ; for which he was adjudged to pay that reasonable little Fine of a iooooo Pounds, which, till he paid, tho' there was no great Haste for his doing he was committed to the Bench.
Having him thus in Limbo, they resolved to strike at the Root with him, and therefore after new fruitless Attempts to make him quit and revoke his Evidence, they made the last Effort on his Constancy and Honesty and indeed Life self, Indicting him
on the 8th and 9th of May 1685. for Perjury in some Branches of his Evidence, given in some of almost Seven Years before. His first Accusation was, [For swearing in Ireland's Trial, he himself was here in London, whereas 'twas pretended he was at that very Time at St. Omers. ] The second, That Ireland was at that Time in Town, when they would have believed he was in Staffordshire.
The Evidence for the first were all Lads of St. Omers, who, tho' they blundered ill-favouredly in former Attempts the same Way, and were accordingly told so by the Court in other Trials, were now grown expert in the Business, being all of a Religion that makes Perjury meritorious all Youths and
under such a Discipline as oblige them to obey their Superiors, without any Reserve, or questioning the Reason or Justice of the Thing all or most of 'em afterwards, rewarded with Places of Trust and Profit under King James, as, no Doubt, promised e'm before for their good Service. They all swore point-blank, That Oats was at St. Omers, when he swears he was here at
the Consult. Not one of these Witnesses who had not been bred at St. Omers, and but one who pretended to be a Protestant. For the second Indictment — Of Ireland's not being in Town in August, as Oats had sworn him They brought Witnesses to prove and that he was at that Time in Stafford shire; most, not all of which were great Papists.
In Answer to which, let's first be persuaded fairly to consider what may be said in his Defence, and most part of his Vindica tion over And first — These were most, or all of 'em, the self same Witnesses who in the successive Trials, Whitebread's, Harcourt's, &c. and Mr. Langhorn's, could not find Credit;
H
Boys, and
several
2
;
is
:
if
;
it,
:
it,
it
it,
it
;
zoo flfllegtem S^artprologp.
and who had several Witnesses who swore point-blank contrary to what they affirmed, some of whom were dead before this last Trial. Let's then consider what Defence Oats made for him self, which in Spite of his own and Jeffreys Passions, seems strenuous and unanswerable.
He had in the former Trials produced no less than Eight Persons who swore positively to his being in Town at that very Time, when the Jesuits and their Younkers would so fain had him been out of whose Names were Mr. Walker, an Ancient Minister of the Church of England, Sarah Ives, Mrs. Mayo,
Sir Rich. Barker, Mr. Page, Mr. Butler, William Smith, and Mr. Clay, a Romish Priest, Four of which, Mayo, Butler, Page, and Walker he now produced again at his Trial the two first of whom positively swore the same they did before the Minister was too Old to remember, and the last too fearful positively to affirm what they had before done.
As to the second Indictment, a Crowd of Witnesses, such as they were, came to testifie Ireland was in Staffordshire when
Oats swore him to be in London.
To this same Objection he had formerly answered, and
proved by the Oaths of Mr. Bedloe, and Sarah Pain, and after wards of Mr. Jennison, That Ireland was in Town, when others witness he was in the Country. But now at his Trial, Bedloe and Pain being dead, and Jennison fled into Holland, he was absolutely incapacitated of making any Defence that Way and so was found guilty of both Indictments.
The Judgment against him was just as merciful as could be
from Papists, acting by Jeffreys, Part of, which was, [To be whipt from Algate to Newgate on Wednesday, and on the Fridayfollowingfrom Newgate to Tyburn, and standon the Pillory five times a Year, and be Prisoner during Life. "] Which he bore with great deal of Strength and Courage tho' had not Providence provided him Body and Soul, made, one would think, on Purpose for 'twould have killed him, he'd had the Strength of Twenty Men. He had in all above two thousand Lashes, as some that were by reckon'd 'em up—Such
Thing as was never inflicted by any Jew, Turk, or Heathen, but Jeffreys nay, the merciful Jews thought one less than God Almighty had appointed sufficient, and never gave but 39 at
expected
a
a
;
a
it,
it,
a
a
if ;
;
;
;
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time, all St. PauPs three times not coming near the third Part of the Doctor's. Had they hang'd him, they had been merciful ; had they flead him alive, 'tis a Question whether it had been so much Torture. How good and merciful those Persons, who will vindicate this worse than barbarous and inhumane Action, are, let the World and future Ages be Judges ; in the mean while we'll safely defy all History to shew one Parallel of it either on Man or Dog, from the Creation of the World to the Year 1685.
But there needs no more Aggravation of or urging what
plain enough, that the thus dealing with him, even supposing his Crime as great as they'd have was yet the highest Affront and Indignity even to Humanity self. 'Twill, besides this, be an unanswerable Observation — That had been impossible for a Man to have held out the Second Whipping, after the First was over, while the Wounds were fresh about him, and every new Stroak more than a double Torment, either to have under
gone this without Confession, or dropping down dead with Extremity of Pain, had he not both had Truth on his side, and also a more than common Support and Assistance from him who saw his Innocency. This Whipping of his being the greatest Confirmation to his Evidence that was possible to be given.
After his Return to Prison, after all this Usage, yet possible, more barbarous, tearing off the Plaisters from his Wounds, crushing him with Irons, thrusting him into Holes and Dungeons, and endeavouring to render him as infamous to the Nation, and all the World, as Cain or Judas; he bore up against all this, and more, with- so strange and almost miraculous a Patience, that during his four Years Imprisonment, he was never once heard to sigh, or manifest any Impatience under his Condition. He refused all the Offers of the Jesuits, who even after this had the
Impudence to propose to him his recanting his Evidence. He' had still strong Belief that he should see better Times, and get his Freedom again, which he had in that General Goal- delivery, granted all England by the then Prince of Orange's
Heroick Undertaking. Since that, he has presented his Case and Petition to the Parliament to the House of Commons, as well as the House of Lords And tho' the Honourable House of Lords were offended at what they judged a Slight of their Jurisdiction, in his Addressing to the House of Commons,
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while his Cause lay before them, and exprest their Resent ments thereof accordingly ; the Commons have since that taken his Case into Consideration, and, as well as four succed- ing Parliaments before 'em, own'd his Cause, and censured the Proceedings of Jeffreys against him ; and 'tis not doubted but will appoint him Rewards suitable to his Sufferings and Merit.
His Character.
His Firmness and Courage, even perhaps to Fault, have been visible through these mentioned, and all his other Actions since he appeared on the Publick Stage : His Passions are lively and warm, and he is the worst made for a Dissembler, an Hypocrite, or a secret Villain, of any Man in the World. Nor have all his
Sufferings much sunk him, tho' he be a little altered in this Par ticular. He's open and frank, and speaks whatever he thinks of any Persons or Things in the World, and bearing himself justly enough, on his Services to his Country, is not careful enough to keep that Guard which others do, on his Words and Actions. He has Wit enough, a pleasant Humour, and sufficiently diver- tive to those he knows, and his Learning is far from con
He has a good Library, is no mean Critick in the Greek, and well acquainted with the Schoolmen and Fathers. He's Owner of as much Generosity as any Man, and as much Tenderness to any in Misery, scorning to strike at those below
him ; an Example of which very remarkakle there was in his in humane Judge's Fall, he being almost the only Person who has been heard to pity him ; though one would have thought he should have been the last. In a Word, as this present Age has now begun to do him Justice, so 'tis not doubted but they'll make an End on't, and those succeeding join with it in making honourable Mention of his Name and Services to the Protestant Religion.
temptible.
103
MR. JOHNSON.
UCH about the same Time, the Pious, Reverend, and Learned Mr. Johnson met with much the same Usage. His great Crimes were, —Being my Lord Russel's Chaplain, writing the Famous
Julian the Apostate, and endeavouring to persuade the Nation, not to let themselves be made Slaves and Papists, when so many others were doing their part to bring 'em to it. And 'tis a Question whether any Man in the World, besides his Friend the Reverend Dr. Burnet, did more Service with his Pen, or more conduced to our great and happy Revolution, both among the Army, and in other Places. For some of these good Services, he was Accused, Imprisoned, Tried, and Condemned to be divested of his Canonical Habit, and be whipt as far as Oats was before him ; which was performed, and which he underwent, as he did, with Courage and Constancy above a Man, and like a Christian and a Martyr. He remained ever since in the King's Bench, till
the Prince's Coming delivered him.
The following Paper was Published by Mr. Samuel Johnson,
in the Year 1686.