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Then he affectionately thanks God, as in general, so in particular, for his advantagious Birth and Religious Education, of which in that important Occasion, he found such happy and powerful Effects, as kept him up against the Fear of Death, and all other Discomposures, and armed him with such Assurances in God's Love and Mercy, as made the most joyful of the visibly saddest Moments of his
Life.
He professes to die as he had lived, a sincere Protestant the
Church ofEngland, tho' he never could come up to the Heighths of some ; wishes more Moderation both in Church-men and Dissenters ; and that the Common Danger of Popery might move
them to lay aside their Differences, and all Persecuting Inclina tions, as more unseasonable than at any other Time.
He declares, he had a Notion of Popery, as of an Idolatrous and Bloody Religion, and thought himself bound to act in his
Station against notwithstanding the Power of the Enemies he was sure to meet with on that Account, dr'c. But yet he pro fesses he never thought of doing any thing against basely or inhumanely, against the Maxims of Christian Religion, or the
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Laws and Liberties of this Kingdom, for his Sincerity, in which, he appeals to God, renouncing all Passion, By-end, or Ill-Design, as also all Designs of changing the Government, which was in his Opinion, the best in the World, and for which, as well as his Country, which he valued above his Life, he was ever ready to venture it : Disclaims all Thoughts against the King's Life, denying even the Lord Howard to have said any thing tending to prove it.
Prays sincerely for the King and Nation, and wishes they may be mutually happy in one another ; that the King may be truly a Defender of the Faith ; that the Protestant Religion and Kingdom may flourish under him, and he be happy in both Worlds.
As to his Share in the Prosecution of the Popish Plot, he de clares he acted sincerely in as really believing, as he still did, the Truth of such Conspiracy, and disclaims his Knowledge of any Practices with the Witnesses, which he protests against as abominable, and disowns Falshood or Cruelty ever to have been in his Nature.
He persists in his Opinion, that Popery was breaking in upon the Nation, and grieves to see Protestants instrumental to declares his Fears of the Sufferings the Protestant Religion was like to undergo, and bewails the publick and shameless Impiety that abounded and modestly admonishes all Persons, and par
ticularly his Friends, Well-wishers to the Protestant Cause, that were defective, to live up to its Principles. Then he declares his Submission to God's Pleasure, freely forgives his Enemies, and desires his Friends to seek no Revenge for his Blood.
After which, he looks back, and gives some little Touches concerning his past Behaviour, and the Manner of his Treatment at his Trial.
He confesses, he moved much for the Bill of Exclusion, as the only effectual Remedy to secure both the King's Life, the Protes tant Religion, and the Frame of the Government, he thinking none of them could be safe so long as there was any Hopes of a
Popish Successor; and that the Limitations proposed to Bind the Duke, were effectual Remedies against those Fears, because the Nation could never be easie and safe under King without
Prerogative But yet imputes his present Sufferings to the
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Revengeful Resentments some Persons retained for his Earnest ness in that Matter.
Next, as to his conspiring to seize the Guards, he disowns that ever he was concerned in any such Design, or ever heard -talk of any such Thing as designed, but only once, as of a Thing feazible, against which likewise he warmly declared himself, and
said, the Consequence of it was so like to end in Massacring the Guards in cold Blood, »hat he could not but abhor the Thoughts of as approaching too near the Popish Practice at which the Duke of Monmouth taking him by the Hand, cried out affec tionately, that he saw they were both of a Temper he adds on that Occasion, that he always observed in that Duke an Abhorrence to all Base Things.
He proceeds to shew how he went to the Meeting at Mr. Shep herd's, at the Duke of Monmouth's earnest Request, chiefly to endeavour to prevent any such disorderly Proceedings, as the
Duke feared would be otherwise put on by some hot Men, whose rash Courses he did accordingly most vigorously oppose, and yet was condemned only for not discovering them, tho' he endeavoured to reform them, because he would not stoop to so mean a Thought, as that of going about to save his Life by accusing others for Crimes that they only talkt of, and that, as we may partly gather from his Discourse, he had effectually dis suaded them from too, so that his Intention was good, and his
Part in that Transaction, even in the strictest Sense of Law, but Misprision of Treason, and therefore he declares he cannot but think the Sentence of Death past against him to be very hard, and he by a strange Fetch, brought within the Compass of the Statute of Treason, of Edward the Third.
He moreover adds, that he had so convincing a Sense of his own Innocence in that Case, that he would not betray by Flight, tho' much pressed to it. He next excuses his saying so little at his Trial, saying, he hoped lookt more like Innocence than Guilt Adding, that he was advised not to confess Matter of Fact too plainly, because would certainly have brought him within the Guilt of Misprision, and so he thought better to say little, than by departing from the Ingenuity he had always prac tised, by using little Tricks and Evasions, to make the last and solemnest Part of his Life so notably different from the pre
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ceding Course of as such a Conduct would have made He farther subjoins, That he never pretended great Readiness in Speaking, and advises those Gentlemen of the Law that have
to use more conscienciously, and not to run Men down, and impose on Easie and Willing Juries by Strains and Fetches, dr'c, the Killing unjustly Law, being the worst of Murthers. He then, as in several other Places, repeating his Wishes, that the Rage and Revenge of some Men, and the" Partiality of Juries, may be stopped with his blood, and so after a small Hint, how by the Importunity of his Dearest and most Vertuous Lady, and some other Dear Friends, he had been prevailed upon against his Lnclinations, to Address, tho' ineffectually, for his Life; he concludes with a fresh Protestation of his Lnnocency, and a Devout Prayer to God, suitable to that sad Occasion.
CAPTAIN WALCOT,
APTAIN Walcot and his Fellow- Sufferers, in Order of Time, should have gone first, he being convicted before my Lord Russel, and executed the Friday, as he on Saturday. But my Lord Russel's Fate having
so immediate a Dependance on the Earl of Essex's, and all the Plot hanging on him especially they two making the greatest Figure of any who suffered on this Occasion lookt more
proper and natural to begin with them, and reserve the other to this Place. Captain Walcot was a Gentleman of a considerable Estate in Lreland, but more remarkable for the rare Happiness of having Eight Children all at once living, and most of all, for his Love to his Country, which cost him his Life. We can have but little Dependance, as has been before hinted, on the Publick
Papers relating to these Concerns, especially in his Case, where Cartwright was engaged. What appears to us, and we may
— That West, Rumsey, and, think, one more of 'em, had frequent Discourses, at least, of Killing the King and Duke — so horrid
believe most reasonable, and what's agreed on of all Hand,
and barbarous Thing, and so like the Practice and Principles of those worst of Men, the Papists that as every true English
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man, and good Christian must' needs conceive a Detestation and Horror at the very Mention of it ; so, no Doubt, it will be very acceptable to such to find when the Thing is enquired closely into, which has partly been done before, and shall now be finished, to find no Probability of any thing real in the Bottom, none engaged in but two or three Knaves, and one Fool. No person of Honour or Character, who had heard so much as any Discourse of but what immediately disapproved, or detested as much as any good Man ought to do Tho' some of 'em, there were more than Walcot, might hear such mad Discourse, as my Lord Russel says, the Wickedness,
Passions, and Vanities of other Men might have occasioned and yet not believing any thing in more than Words, nor think they were obliged to turn Informers and Hangmen which because they did not do, they suffered themselves. And this any reasonable Man will, doubt not, upon a little free thinking, acknowledge to be Walcofs Case, and no further. The pre tended Crime for which Walcot suffered, and which West and others witnessed against him, was — Consulting the Death of the
King, and charging the Guards, at his Return from New-market, while the dreadful Blunderbuss was to be fired into the Coach by Rumbold, or some others. His Privacy to Discourses about the King's Death was but Misprision. For his acting in they could not have pitched on a more unlikely Man to command Party in so desperate an Attempt as charging the Guards, than one that was Sick and Bedrid of the Gout, as about this Time, and often besides, the Captain was. Nor seems West's Pre tence more likely —That he refused to be actual in the Assas sination, because of the Baseness of but offered to charge the Guards, while others did —much as wisely and tenderly, as he had denied to cut a Man's Throat, but consented to hold his
Hands while others did it. This he denies with Indignation in his Speech, and [Appeals to all that knew him, Whether they thought him such an Idiot, that he should not understand 'twas the same Thing to engage the King's Guards, whilst others killed him or to kill him with his own Hands Here then, 'tis plain, lyes the Pinch of the Matter West and Rumsey, &c. had been frequently discoursing at that Bloody, Villanous Rate
West was most impatiently eager of having done—He pro-
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posed the Lopping 'em at a Play, which he said would be [in their own Calling^
For some of those who are charged with this foul Business, as Promoters, or so much as Approvers thereof, were they Inno cent or Guilty as to that Particular ; I can assure the Reader I have the same thought of 'em, that Juvenal had of Sejanus, and can say as he does, Nunquam si quid mihi credis, amavi. But however one may add as he does, Sed quo accidit sub crimine ? Quisnam Delator ? Quibus Indiciis ? Quo Teste ? And almost resolve all these Questions to the same Way, with a—Nil horum. Never was any Party without many ill Men —This, no Doubt, had too many whose ill Lives both discredited, and in Probability, ruined the best Cause in the World, as my Lord Russel intimated in his Speech. Some of these, not having the Fear of God before their Eyes, might have such traiterous Designs ; nay, and by their own Confession, it appears they had so — But let's not however be hurried away in a Popular Stream, which generally runs very muddy, jto condemn those, who, whatever Personal Faults they may have had, how turbulent their Nature, or bad their Morals, or ill their Character, yet seem to be no Way concerned in so bloody and barbarous a
Conspiracy, how home soever it might be charged upon 'em. West and Rumsey were the main Pillars, and almost only Witnesses on which the Credit of that Action depended, who appear all through the great and almost sole Managers thereof, and who accuse others for being concerned in it. What and how much their Credit weighs, we have already hinted, but shall yet confront it with further Testimonies relating to this
Matter, and that of Dying Men, who could expect no Pardons in this World, nor t'other for a Falshood. Besides, Rumbold's solemn Protestation ; see Walcot's Speech and Paper, wherein he as deeply affirms, as a Man can do, [That West bought Arms for this Villanous Design (which cannot be expressed with Detestation enough) without any Direction of his—nay, without any Direction, Knowledge, or Privity of his. ] West says in his Answer to this, as well as in his Evidence, [That Walcot
in the Direction about the Nature and Size of those Arms ; that he was very intimate and familiar with this Rum- bold, who was to be the principal Actor in the Assassination. ]
joined
Captain JLQialcot,
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But Rumbold's Death before recited, clears himself, and Walcot, and shews us what West is. In another Place he affirms — That Walcot told him Ferguson had the chief Management of the intended Assassination. Rumbold's hard Name, as has been said already, Ferguson's ill Name, and the Absence of 'em both, brought 'em in all Probability into the Business ; and Walcot's being past answering for himself or them, made it very
advisable to charge so much on him. So in the same Nature Ferguson was the Author of that Expression Walcot had from West, —Ferguson undertook for the Duke of Monmouth, — Ferguson proposed to see for an Opportunity between Windsor
and Hampton-Court. —The Men to commit the Assassination were all provided by Ferguson, Rumbold, &c. And I remember another of 'em, or, he himself, talks of Fifty Men engaged for the very Action. Now as meer good Nature, and the Love I have to my Countrymen, will never suffer me to believe there could be so many Englishmen found, and Protestants too, who
would consent to kill their King ; never any one having acknow ledged such a Design besides poor Hone, who was so stupid, he could not give one sensible Answer to what Cartwright asked him at his Death ; So plain Testimony, and Dint of Fact and Reason, forces me to conclude these Persons here charged were not guilty. See what Rouse says of it—He was told, they did not intend to spill so much as one Drop of Blood. But most particularly Holloway, [He could not perceive Ferguson knew anything of the New-market Design, but Rumsey and West were deep in't. ] Again, [Holloway askt West who was to act
the Assassination? To which he could give but a slender Answer, and could, or would name but Two Men, Rumbold and his Brother. ] Just such probable Stuff as Colledge's seizing the King by himself at Oxford, [So that (he goes on) we found they had but few Men, if more than Two, and no Horses, only a Parcel of Arms he shewed at a Gunsmith's. ] And lower at
another Time, [West only named Rumsey and Rich. Good- enough as concerned in the Assassination — West again proposed the Assassination, but none seconded him—Rumsey was for the old Strain of killing the King, to which not one consented — He
—
knew Ferguson to be against any such Design. F2
Ibove Five concerned in it. He heard Walcot could never find a
speakagainst it—
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Upon the whole, the World is left to its Liberty to believe, at least Three Dying Mens Asseverations, against those who so plainly swore others Necks into the Halter, to get their own out, that West himself is not ashamed to own in his forementioned Answer, That he was still in Danger of Death, though not so eminent as it had been ; not at the apparent Point of Death.
And at the Close of this Paper, — If it shall please the King to spare my Life for my Confession, it is a great Happiness, dr>c. Which Part of his Evidence every Body will easily believe.
From all which, here lyes a fair Supposition of the Innocency of this Captain, and others of what they were Accused, found
Guilty, Sentenced, and Died for ; it being on West's Evidence, and such as his, that he and others were Arraign'd and Con demned ; the Captain's Defence being much the same with what he says in his Speech. 'Tis well known, that the Witnesses against Captain Walcot swore for their own Lives with Halters about their Necks ; and it is as true that most of the Witnesses had talked at a mad Rate, in the hearing of some of those whom they destroyed ; but see, what Captain Walcot in a most solemn
Manner declared with his last Breath.
An Abstract of Captain Walcot's Speech.
Captain Walcot denied any Design of killing the King, or of engaging the Guards, whilst others killed him; and said that the Witnesses invited him to Meetings, where some things were discoursed of, in Order to the asserting our Liberties and Properties; which we lookt upon to be violated and invaded :— That they importuned and perpetually sollicited him, and then delivered him up to be hanged —That they combined together to swear him out of his Life, to save their own; and that they might do it effectually, they contrived an Untruth. —That he forgave them, though guilty of his Blood; but withal, earnestly begged,
That they might be observed, that Remarks might be set upon them, whether their End be Peace; and he concluded (with what made Sir Roger L'Estrange a great deal of Sport, but yet
Heaven has made it good) That when God &at& a (HHorfc to bo, mill not taant Instruments.
With him was tried Rouse, who was charged with such Parcel of mad Romance, as was scarce ever heard of and one
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would wonder how Perjury and Malice, which used to be sober Sins, could ever be so extravagant as to hit on't. He was to seize the Tower, pay the Rabble, uncase the Aldermen, to be Pay-master and Flea-master General, and a great deal more to the same Tune. In his Defence he says no great Matter, but yet what looks a thousand times more like Truth than his Accusation ; That the Tower-Business was only Discourse
of the Feazibleness of the Thing, (as RusseTs about the Guards)
but without the least Intent of bringing it to Action; That all
he was concerned in any real Design, he hadfrom Lee, and was getting more out of him, with an Intention to make a Dis
covery. But it seems Lee got the Whip-hand of him ; they were both at a kind of Halter-Combat ; Rouse's Foot slipt, and Lee turned him over, and saved his own Neck.
His Dying-Words.
Mr. Rouse declared, that he was told, that They did not intend to spill one Drop of Blood; and affirmed that Lee, the Witness against him, did (by his Evidence) make him the Author of the very Words, that came out of his, the said Lee's, own mouth.
A Brief Extract of Captain Walcot's Prayer.
O Lord, our God, Thou art a God of present Help in Time of Trouble, a God, that hast promised to be with thy People in the Fire and in the Water. O Lord, we pray thee, that thou wilt afford thy Presence to thy poor suffering Servants at this Time, O Lord, thy Servant that speaketh doth confess, that the Iniquities of his Heels have justly overtaken him ; O do thou bathe each of our Souls in that Fountain set open for Sin and for Uncleanness. O do thou enable every one of us, from the inward Evidence of thy Spirit, to say with thy Servant Job, That we know and are assured that our Redeemer lives. O give
us some inward Tastes of those Heavenly Joys that we hope through the Mercy of Jesus Christ, in a little Time to have a more full Fruition of. O Lord, do thou speak Peace to every one of our Consciences ; tho' we lye under a Sentence of Death from Man, we beg that we may have a Sentence of Life Eternal from our God ; and though we meet thee, O Lord, in a Field of
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Blood, we beg that thou wilt come to meet with us in a Field of Mercy. O Lord, though we have been Prodigals, we desire to return unto our Father's House where there is Bread enough. O enable us to come unto thee as Children to their Parents. Lord, put to thy helping Hand ; Lord, teach us truly to leave
no Sin unrepented of, in any one of our Hearts. And, O Lord, we beg that with us thou wilt give us Leave to recommend unto thy Care our Poor Wives and Children : Thou hast promised to be the Father of the Fatherless, and the Husband of the Widow; and thou hast commanded us to cast the Care of them upon thee. O do thou make Provision for them, and enable them to bear this severe Stroak with Patience. O Lord, we also
beseech thee in the Behalf of these poor Kingdoms wherein we are, that thou wilt be merciful to them, prevent Divisions among them, heal all their Breaches, compose their Differences, make all that are thine of one Heart and Mind in the Things of thee our God. Lord, favour us with thy Mercy, assure us of thy Love, stand by us in this difficult Hour, take us into thine own Care, cause thy Angels to attend us, to convey our Souls as soon as they are divided from our Bodies, into Abraham's Bosom.
All which we beg for the Sake of thy Son Jesus Christ, in whom, O Lord, this little Time do thou give us Hearts to give thee all Glory, Honour and Praise, now and for ever more, Amen, Sweet Jesus, Amen.
Hone was accused, and owns himself guilty of a Design to Kill the King and the Duke of York, or one, or neither, for 'tis impossible to make any Sense of him. When they came to
suffer, Walcot read a Paper, in which was a good rational Con fession of his Faith ; then comes to the Occasion of his Death, for which he says, he neither blames the Judges, Jury, nor Council, but pnly some Men, that in Reality were deeper con cerned than he, who combined together to swear him out of his Life to save their own, and that they might do it effectually, contrived an Untruth, Gr'C. He forgives the World and the Witnesses : Gives his Friends advice to be more prudent than he had been; prays that his may be the last Blood spilt on that Account; wishes the King would be merciful to others; says he knew nothing of Ireland, and concludes, with praying God
to have Mercy upon him. He had then some Discourse with
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Cartwright, wherein he tells him, That he was not for contriv ing the Death of the King, nor to have had a hand in't; and being urged with some Matters of Controversy, tells him, He did not come thither to Dispute about Religion, but to die Religiously.
But though Dying be a serious Business, yet 'tis almost impos sible to read Hone's Discourse with the Dean, without as violent Temptations to laughter as Compassion. Never was so exact an Imitation of the Scene of the Fisherman and Kings in the Rehearsal, when he tells 'em Prince Pretty-man killed Prince Pretty-man. One would think him very near in the same Case with Bateman, who came after him. His Replies are so incon gruous, that there is hardly either Sense or English to be made out of 'em. But the poor Fellow talks of Snares and Circum stances, and no Body knows what, and says in one Line, He was to meet the King and Duke of York, but he did not know when,
In the next, he was
killing the King,
for
little of it, as any poor silly Man in the World.
Rouse comes next, gives an Account of his Faith, professing to
die of the Church of England, tells his former Employment and Manner of Life, acknowledges he heard of Clubs and Designs, but was never at 'em, and a perfect Stranger to any thing of that Nature. Gives a Relation of what past between him and his Majesty on his Apprehension. Talks somewhat of Sir Thomas Player, the Earl of Shaftsbury, and accommodating the King's Son, as he calls tho' not while the King reign'd. Then falls upon Lee, and the Discourse they had together, who, as he says, swore against him on the Trial those very Words he himself had used in pressing him to undertake the Design. Speaks of Silver Ball which he proposed to be thrown up on Black-Heath, and after some Discourse with the Ordinary, gives the Specta tors some good Counsel. Then they all three singly prayed and then the Sentence was executed upon 'em.
where, nor for what :
and saving the Duke; and when ask'd the Reason, answers, the only sensible Thing he said all through, That he knew no Rea son, that he did not know what to say lo't. And when the Dean charges him with the Murderous Design, — That he knew as
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ALGERNON SIDNEY,
HE next Victim to Popish Cruelty and Malice, was Colonel Algernon Sidney, of the Ancient and Noble Name and Family of the Sidneys, deservedly Fa mous to the utmost Bounds of Europe ; who, as the
Ingenious Mr. Hawles observes, was meerly talkt to death, under the notion of a Common-wealths Man, and found guilty by a Jury who were not much more proper Judges of the Case, than they would have been had he writ in Greek or Arabick. He was Arraign'd for a Branch of this Plot at Westminster the 17th of Novemb. 1683. where, tho' it cannot be said the Grand Jury knew not what they did, when they found the Bill against him, since, no Doubt, they were well instructed what to do ; yet it must, that they found it almost before they knew what 'twas, being so well resolved on the Case, and agreed on their Verdict, that had he been Indicted for breaking up an House, or robbing on the Highway, 'twas doom'd to have been Billa vera, as much as 'twas now. For tho' the Indictment was never presented to 'em before they came into the Hall, yet they immediately found it : The Substance whereof was, [For a Conspiracy to depose the King, and stirring up Rebellion, and writing a libel for that Purpose. ] The most Part of the Evidence brought;against him,
was only Hear-say, as against my Lord Russel nay, West, whose Evidence was then refused, now was admitted to tell a long Story of what he had from one and t'other. Rumsey's was much of the same Nature. In the rear came that never failing Evidence, the Lord Howard, who witnesses he was one of the Council of Six, and engaged one of the deepest in their Con sults. And more than that, exercises his own Faculty very handsomly, in an account of two Speeches Mr. Hambden made on the Occasion, which indeed were such fine Things, that some might think it worth the while to swear against a Man, only to have the Reputation of reciting 'em ; and whom they are most like, Mr. Hamden, or my Lord's own witty self, let any Man
judge.
The next Evidence was a Paper, said to be of the Prisoner's
writing, which was found in his Study. The Substance of which
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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
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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
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; ;
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
?
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it
if
;
:
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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
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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
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it,
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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
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it,
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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
;
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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,
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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.