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L. H. S. Mr. Turbervile, I would ask you L. Staff. The thing looks like truth, but there the question, how you came to be informed that is no proof of it. you had inistaken yourself?

Mr. Tur. The seal is a little broke, but the Mr. Tur. My lords, I will tell you: I was name remains perfect. searching for a letter I received from iny lord 1 L. Staff. He says there is a disinission from Stafford, and missing that, I found my discharge the army in 1678; how will that rectify his

I lrad from the French army, wherein I saw mistake about 1673? I understand not that. e a mistake as to the time, and that I have to

| Then the Court called for the Paper : and it produce.

was looked upon by the duke of Monmouth, L. H. S. I ask you again by the oath you #s have taken, did you correct it of yourself, or by

and some other lords. information from any other?

| L. H. S. My lord, this paper hath been Mr. Tur. By the oath I have taken, I did looked upon; the hand is well known by those e correct it of myself, and no body moved it to that should know it.

L. Staff. I do not say the contrary. 2.3 Serj. Mayn. It was but a circumstance of L. H.S. Whereabouts are you now, my :. time.

lord, then? • Sir F. Win. And corrected by himself the L. Stuff: I am extremely faint and weary, that . very next morning, my Lords.

I am sure of. This gentleman told you yester13', . Staff. He does acknowledge he did for. day, that he spoke with me several times in

i swear himself once and did make himself an France, and that he was conversant with me for e honest man the next day, when he was a per. a fortnight together; that be visited me, and I u jured villain the day before. And now he tells proposed the killing of the king to him; and a your lordships, that he was searching for a let- that he refused to give me an answer then, but 2ter that I sent to him, but he cannot find it. told me he would give it me at Diep: This he

Mr. Tur. No, my Lords, I thought I had it, said yesterday, as I remember. And afterEs but I cannot find it.

wards, when he was gone down, he came up * • L. Staff. No, I will swear thou cans't not. again, and desired to put your lordships ini

But then he does say that he had a discharge mind of a particular circuinstance which he ni from the French army.

said he did remember, That when he came to 32. Mr. Tur. Yes, it is here, my lord.

me, I had the gout, and was in a lower room of ATT L. H. S. Is that the paper of your dis the house, in such a street, which faced Luxemcharge?

burgh house, all which I stand not upon; and Mr. Tur. Yes, it is. It is worn out a little that the prince of Conde lived in the same hot and corn, but the seal is preserved: I did not street, on the left-hand he said first, after on The know that ever I should have occasion to make the right-hand, and after he knew not where, The use of it; but my lord challenging me for a and that I did lodge in the sanje street.

coward, and a deserter of my colours-. Mr. Tur. I did say, I believed the prince of
: L. Slaf. I believe so still, for I have heard so. Conde lived there, but I was not positive.
· L. H. S. Your honour is not in question, L. Staff. No; but first he swears a thing,
Mr. Turbervile.

and then only believes it. Be pleased to call 2 . Mr. Tur. The title is a little torn; and if my servants, to know if ever I had my foot ill

your lordships please, I will read it: (which he of the gout in my life.
did, being in French, and is rendered in English! Mr. Tur. Your lordship told me it was the
in these words:

gout.
« This certifieth all to whom it shall apper. L. Staff. If ever I put my foot on a stool, or
tain, that I have given an absolute discharge to was lame there, I will own all that he says.
the Sieur Turbervile, a cavalier of my company, But when a man swears his evidence, and
after having served the space of six months with goes down from the place, and then invents,
all honour and fidelity. Therefore I desire and connes up again to tell new stories, who
those that are to be desired, to treat him ci- shall believe such a man?
villy, and let him pass and repass, and without Mr. Tur. I never went from the bar.
doing bim any injury, or giving him any hin- L. Staff: I do say, you went down, and had
drance; but on the contrary, to afford him all given all your evidence, and came up again,
aid and assistance where it shall be necessary, and told this circumstance. I have not been
promising the like upon all occasions that shall | lame, not one moment, these 40 years; and
require it. In confirination of which, I have yet this fellow, this impudent fellow, to say,
for him signed this present discharge, and there that I was laine, and put my foot opon a stool!
to put the seal of my arms, to serve hiin in case He does not, my Lords, swear positively in any
be shall need it. Made at the camp before thing but this, and this I can easily disprove
Aire this 4th of August, 1676. SHELDON." him in.
L. H, S. What is the date of that discharge,

L. H. S. What say you to this particular, Turbervile?

Turbervile? Had my lord Stafford never tho Mr. Tur. It is in August 1676.

gout while he was in France ? L. Staff. May I see it, my Lords :.

Mr. Tur. He told me it was the gont, my L H.S. Yes. Deliver it to my lord. (Which Lords: He had a great lameness, he could not was done, and he looked upon it.)

go from one place to another. Here are

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several people to give testimony that my lord | Tur. The contents of the letter were. That was lame within less time than he says. | I should not stay at Diep in expectation of tuin,

Mr. Foley. Hold, hold, Turbervile, you must for he had appointed a yacht to come to Calais; not give that evidence now.

but I should make what haste I could to Lone L. Staff. Call Nicholas Furnese again. | dun, and there I should Dieet with him. L. H. $. Wbat do you call him for?

L. Staff. I desire to ask, whether I sent bin L. Staff. Ask whether ever he saw Mr. Tur- word that count Gramont came over with bervile with me in France?

me. L. H. S. Were vou with my lord Stafford all Tur. Yes, my lords, to the best of my rethe while he was in France?

membrance, Furnese. Yes, my Lords.

L. Staff. I shall now bring witnesses that I · L. H. S. Did you never see Turbervile did not come by Calais, but by Diep, and count there?

Gramont came not with me. Furn. No.

L. H. S. Mr. Turbervile, which way came · L. H. S. Pray, did you never see Father An- you, from Diep, or from Calais ? thony Turbervile there?

Tur. From Diep, my Lords. Furn. No, my Lords, I never heard of bis L. Staff And I came from Diep too name.

L. H. S. My lord came that way too, be L. Staff. Was I ever one moment lame while says. I was in France?

Tur. I know not of that, he sent me word · Furn. Not that I remember.

otherwise. L. H. S. How long was my lord there? L. Staff. I shall now prove what I say. Pray Furn. About three months.

call Mr. "Wyborne. (Who stood up.) L. H. S. What time of the year?

L. H. S. What do you ask him, my lord? Furn. At Paris in October and November, L. Staff. Whether he did not see me at Diep, in December at Rohan, in January we came aod embark from thence for England? over into England.

Mr. Wyborne. My lords, I will gire you as L. Slaff. Ask him if ever I put my foot upon account as well as I can. In 1675, in Decema cushion or upon a stool for lameness.

ber, 1 bad occasion to go over into France L. H. S. Mr. Turbervile, did you ever see upon my own concerus; and enquiring where Furnese when you were in France?

there was a conveniency to go over, I heard Tur. This man, my Lords?

that a yacht was sending to Diep for my lord L. H. $. Yes.

Stafford, and Mr. Henry Siduey, bis majesty's · Tur. No, not that I remember.

envoy extraordinary now in Holland: I took L. H. $. In what quality did you serve my that occasion, and we weighed anchor on Frin lord in France, Furnese?

day the 24th of December: and it being foul Fur. My Lords, I waited on him in his weather, and we being tossed long upon the ses, chamber.

we did not come to an anchor before Diep tal L. H. S. Do you remember any other ser- the Sunday was se'nnight at 2 o'clock in the vant of my lord's that you did see there? afternoon, which was January the end. Then

Tur. Truly, my Lords, I do not remember, I | I came with the captain immediately on shore, might forget him.

to enquire for my lord and Mr. Sidney; I enL. Slaff. So I believe thou dost me too. quired for my lord, and they told me he was at · Tur. Your lordship that could call me Kohan, expecting to hear of the arrival of the coward, may say any thing.

yacht: Upon which the captain desired me to - L. Staff. You shall be as valiant as Ilector, write a letter to my lord, and I did so ; upon if you will. Pray call my other boy. (Who sight of wlrich letter, he came to Diep on Tues stood up.)

day in the afternoon, which was, as I take it, L. H. Ś. You little boy, Were you all the the 4th of January, and we were at the Bastile while with my lord that he was in France? there then together when he came that evening. Leigh. Yes, my lords.

And the next day I went up my own occasions L. H. S. Did you ever see Turbervile to Paris, and my lord and Mr. Sidney did come there?

over together in the yacht. Leigh. No, my lords, not that I know of? L. Stay. If you please, I will call my twe L. H. S. Had my lord the gout in France ? servants again to this matter.

Leigh. No; nor never had since I have L. H. S. Call them, my lord. been with him.

Then Furnese and Leigh stood up.
L. H. S, That is six years.
Leigh. Seven years almost, my lords.

L. H. S. Which way came my lord Stair L. H. S. Are you sure of that ?

ford out of Frauce into England, by Diep . Leigh. I am sure of it.

Calais? L. Staff. Now, my lords, Mr. Turbervile Furn. By Diep. says, I writ bim a letter to Diep, which letter L. H. S. What say you, boy? Which way he cannot find; I beseech you, what were the came my lord ? contents of the letter?

Leigh. By Diep, my lords. · L. H. S. Wbat were the contents of the let-| L. H. S. You came with him? ter may lord sent you?

Leigh. Yes, we did.

* L. H.S. My lord, the question is not, whe- | And further added, That el.is king should not Either you came by Calais or 110, but whether you last long, and that his successor should be

writ a letter to him to Diep, that you would go wholly for their purpose. And Father Cross, by Calais.

provincial of the friars, told this informant, L. Staff. He swore yesterday that I did | That bad he been at Doway when this informI come by Calais.

ant made his escape thence, he should never L. H. S. Do you say my lord came by Ca- have come to England. And this informant lais ?

I finding himself friendless, and in danger in . Tur. My lords, I had a letter from his lord. England, went to Paris, where one of his bro

ship, which he wrote to me, that he would come thers is a Benedictine inonk, who persuaded i bv Calais.

this informant lo return for England; and in . L. Staff. He did not name the letter yester order thereunto, about the latter end of No, * day, nor is it in the Information.

vember, 1675, he was introduced into the ac- L. H. S. Read the Affidavit.

quaintance of the lord Stafford that he might

go for England with his lordship, and three - The INFORMATION of EDWARD TURBERVILE, of Skeer, in the county of Glamorgan,

weeks he attended his lordship, and had great

access and freedom with his lordship, who gave gent.

bim great assurances of his favour and interest Who saith, That being a younger brother, to restore bim to his relations esteem again : about the year 1672, he became gentleman. And said, That he had a piece of service to usher to the lady Mary Molineux, daughter to propose to this informant, that would not only

the earl of Powis, and by that means lived in retrieve his reputation with his own relations, 1 the house of the said earl above three years; but also oblige both them and their party to i and by serving and assisting at mass there, make him happy as long as he lived. And

grew intiinate with William Morgan, confessor this informant being desirous to embrace so Come to the said earl and his family, who was a Je. happy an opportunity, was very inquisitive

suit, and rector over all the Jesuits in North after the means; but the said lord Stafford beWales, Shropshire, and Staffordshire. And being somewhat difficult to repose so great a trust during the three years time often heard the said as he was to communicate to him, exacted all Morgan tell the said earl and his lady, That the obligations and promises of secrecy, which the kingdom was in a high fever, and that no- this informant gave his lordship in the most thing but bloodletting could restore it to health, solemn manner he could invent. Then his and then the Catholic religion would flourish. lordship laboured to inake this informant sensi. Whereunto the said earl many times replied, It ble of all the advantages that should accrue to was not yet time, but he doubted not but such this informant, and the Catholic cause; and means should be used in due time; or words then told this informant in direct terms, Tbat to that effect. And he heard the lady Powis he might make himself and the nation happy, tell the said Morgan and others, publicly and by taking away the life of the king of England, privately, That when religion should be re- who was an heretic, and consequently a rebel stored in England, which she doubted not but agaiost God Almighty. Of which this informwould be in a very short time, she would per. ant desired his lordship to give liin time to suade her husband to give sool. per annum, for consider, and told his lordship that he would a foundation to maintain a nunnery. And this give him his answer at Diep, where his lordship informant was persuaded by the lady Powis, I intended to ship for England, and to take this and the said Morgan, to become a friar; the informant with him; but this informant going said lady encouraging this inforinant thereunto, before to Diep, the lord Stafford: went with by saying, That if he would follow his studies, count Gramont by Calais, and sent this informe and make himself capable, she questioned not | ant orders to go for England, and to attend his but he might shortly be made a bishop by her lordship at London: But this informant did interest io England; because opon restoration not attend his lordship at London, but went of the Catholic religion, there would want peo- into the French service, and so avoided the lord ple fit to make bishops, and to do the business Stafford's further importunities in that affair, of the church. And thereupon she gave this And this informant further saith, That one Reinformant 101. to carry him to Doway, where mige, a Frenchwoman, and vehement Papist, this informant entered the monastery, and con- who married this informant's brother, lived with tinued about three weeks, and with much dif- the lady Powis all the time this informant re.

ficulty made his escape thence, and returned sided there and soine years since, and was the ' for England; for which the said earl and his great confident of the said lady; and the said

lady, and all the rest that encouraged him 10 | Remige was for the most part taken with her go to the monastery, became his utter enemies, ladyship into Morgan's chamber, when the threatening to take away his life, and to get bis consults were held there, where he bath often brother to disinberit him: Which last is com- seen Father Gavan, Father Towers, Father passed against bim. And Father Cudworth, Evans, Father Sylliard, Roberts, White, Owens who was then guardian of the friars at Doway, Barry, and the earl of Castlemaine, and other some days before his escape thence, told this Priests and Jesuits, meet and shut themselves informant, That if he should not persevere up in the said Morgan's chamber, sometimes with them, he should lose his life and friends : | for an hour, sometimes for two hours, drore or

VOL. VII,

tra

less; and at the breaking up of the said con. deny but I had one recommended to come over sults, bave broke out into an extacy of joy, says with me, that pretended himself to be a French ing, They boped ere long the Catholic religion count, but the man was as arrant a rascal would be established in England, and that they as this that swears against me; and that was did not doubt to bring about their design, not one that called himself count de Brienne, whom withstanding they had met with one great dis- all the world knows to be a cheat. appointment, wbich, was the peace struck up L. H. S. Call your other witnesses, my with Holland; saying, That if the army at lord. Black-heath had been sent into Holland to as- Ld. Staff. Where is John Miohead? (Wb. sist the French king, when he was with his stood up.) army Dear Am.terdam, Holland had certainly / L. H. S. Who do you belong to? been conquered, and then the French king Minhead. My lord Powis. would have been able to assist us with an army Ld. Staff My Lords, Mr. Turbervile, he tɔ establish religion in England. Which ex- says, by the persuasion of my lady Powis went pressions, with inany others, importing their to Doway, and he staid in the monastery three contidence to set up the Rooish religion, they weeks, and not liking that life, he came away frequently communicated to this informant. (this may be true, I say nothing to it): but And the said Morgan went several times into that which I take exception at, is this; be Ireland, to London, and several other parts of says, for this the earl of Powis and his lady, England, as this inforinant bath just cause to when he came back from Doway, were very believe, to give and take measures for carrying angry with him, and so were all his relatioos, on the design: And the said Remige and her and he stood in fear of his life from them. husband having first clandestinely sold their es-Surely when Mr. Turbervile knew he was in tate, and fied into France about May or June such danger, he would not have come neu last, for fear of discovery; this informant by | them: pray ask this gentleman, wbether he many circumstances being assured that the said was at my lord Powis's, and bow he was enterMrs. Remige was privy to all or most of the tained.

sactions of the Piot. And he saith, That L. H. S. Do you know Turbervile? about May last was two years, he was present Minh. Yes, my Lords. at mass with the lord Powis in Vere-street, L. H. S. Have you seen him at my lord when the earl of Castlemaine did say mass iv | Powis's? his priestly habit, after the rites and ceremo

Minh. Yes, my Lords, pies of the Church of Rome.

L. H. S. How was he received there? Edward TURBERVILE. Minh. Very well, iny Lords.

L. H. S. When was that? Sworn the 9th day of November, 1680, be

Minh, In the year 1675, fire Thomas Stringer, William Poulteney, and

L. H. S. Was that before or after he came Edmund Warcupp.

back to England? L. H. S. My Lord, this affidavit is to the Minh. It was after he came from Doway. purpose to which you call for it; this does say, L. H. S. What countryman are you? that your lordship did go by the way of Calais, Minh. A Frenchman. it does absolutely so.

L. H. S. What religion are you of? L. Staf. Now, whether he he forsworn or Minh. A Roman Catholic. · no, your lordships may judge by these three Ld. Staff. Pray ask him whether he lay in witnesses.

my lord's bouse? . Mr. Tur. My Lords, That which I grounded. Minh. Yes, my Lords, he lay with me in my my belief of bis going to Calais upon, and so lodgings. consequently that athidavit, was the letter Ld. Staff And yet he says he was afraid of which I received from my lord; which I have his life. looked for, but cannot find.

L. H. S. Did my lord know he lay there! L. H. S. This affidavit does not say you went Minh. Yes, he inust needs, because he came from Calais to England, but you went with through the room to go to bed. count Grainont to Calais.

Ld. Staff: May it please your lordships, he Ld. Staff. I conceive, my Lords, this affi- says he was threatened that be should bave his davit and his narrative are word for word the brother disipherit him, and which afterwards same, only that amendment of 1672 for 1673, | | was compassed. Now I shall shew that this is upon wbich I observed before he was forsworn impossible, for he had no inheritance to lose, once. I cannot tell wbat to say, if this man nor was to have none; for his brother, who can be believed. And count Gramont came elder than be (this man being by a second veto Diep 100. But besides, my Lords, in this ter), hatb children, as I shall make appent afidavit he does not say he believed so by the by another of his brothers, who is here. And letter, though now he speaks of one.

this not being settled upon him, who was by L. H. S. My lord Stafford, was count Gra- the second venter, could not come to him, but, mont in your lordship's company when you for want of issue of that brother, must go to the came to Diep?

uncle. So he swears he was disinherited al Ld. Stafi. No, my Lords, he was in England / an estate, when he was to have no estate, do before me a month; but, my Lords, I cannot could bare. Call Mr. John Turbervile: (Whe p peared). My Lords, I desire you to ask was soine estate for him to lose, and that l'em

m , whether he knew that upon his coming mainder might be docked by the tenant. in ack to England he was ill used?

tail. I would ask, was there aliy recovery sufJ. Tur. I never knew any unkindness from fered to bat that entail ? y elder brother to him.

J. Tur. Yes, I think there was one upon my L. H. S. Are you his brother?

brother's marriage. J. Tur. Yes, my lords, by the father, not by L. H. S. Mr. Turbervile, were you told you hemother.

should be disinherited ? L. H. S. Well, what can you say?

E. Tur. Yes, my lords. J. Tur. I never heard any thing when he re-l L. H. S. Who told you so ? curned from Doway, that he was ill received E. Tur. My eldest brother. by my lord Powis; but in a few days after my L. H. S. What did he tell you ! brother and sister came to town, we went to E. Tur. He told me it should not come to

Bloomsbury, and there we met together: And me. m y brother complaining that he was unfortu- L. H. S. How should it come to you? nate, in that be bad undertaken what he could E. T'ur. I am not so good a lawyer as to tell not perform in going beyond sea, and now that, whether it could or no; but I thought by wanted a livelihood; my eldest brother told succession. him, he had done as far as bis ability, he could L. Sluff. Then he says he came to serve my do no more, it was his own choice, and he had | lady Mollinenx in 1672; it may be it is so as no more to say. .

he says, I do not know it of my own knowledge; Ld. Staff. Had he any money from his rela- but I pray he may answer, whether it was in tions?

1671, or 1672. J. Tur. He made intercession by friends to E. Tur. In January or February, 1671.. my sister, and she told nie, that she gave him Mr. Treby. That is in the beginning of the 71. to bear his charges to Paris, with that pro- year 1672, according to the almanack. viso, that he would never trouble them more. L. Stuff. My lords, for the present I do not

L. H. S. But they were not angry with biin? remember any thing inore--Oh, yes, my lords,

J. Tur. Here he is, he cannot say they ever be says he was at such a time at my lord gave him an angry word in their days; I am Powis's, when my lord Castlemainė was at sure I never did.

Powis-Castle, which must be either in the year L. H. S. Did you forbid him the house? 1672, 1673, or 1674. Now I desire you would J. Tur. No.

ask Mr. Lydcot, whierher my lord Castlemaine Ed. Tur. These are people that take not the was there, or could be there in any of those oaths of allegiance and supremacy, and there years (Then Lydcot stood up). fore are not fit to be witnesses.

L. H. S. What do you ask him, my lord? " Ld. Staff. Now your lordships see what a L. Slaff. I desire to ask him, whether in the villain be is.

year 1672, 1673, or 1674, which are the years Serjeant Maynard. You must give good Turbervile says he was at my lord Powis's at words, my lord, for none but good words are Powis-Castle, whether my lord Castlemaine given you.

was at Powis-Castle, or could be there at that Ld Staff. I must call them villains, or myself time.

L. H. S. Was my lord Castlemaine there in L. H. S. You say they gave him 71. upon any of those years? condition they should never see him more. | Lydcot. My lords, I can prove he was not,

J. Tur. I did not say, my sister said upon as much as I am capable of proving a negative, condition she would give him 71. he would, I was with hiin in the years, 1672, 1673, and never trouble us more: It was his declara- | 1674, tion,

L. H. S. Wivere? Ld. Staff. One thing I would ask Mr. Tur- Lydcot. He was in England in 1673; I wag bervile more, and that is about this man's with him all the while, and I am sure since I beiog disinherited: Whether he could, or whe knew him he was never in Wales, and I was ther he was heir to an estate or not?

never absent from bim since I knew him (which L. H. S. What say you to it?

is nine years), not four months in all : I have J. Tur. By all the information of our rela-travelled with hiin, and been abroad with bird. tions, the estate was made by my grandfather to L. H. S. Turbervile, when do you say my my father for life, and after my father's life, to lord Castlemaine was at Powis-Castle? my mother; and after my mother's life, to my Tur. I think it was in the year 1673. eldest brother, and the heirs male of his body; L. H. S. By what token do you remember and for want of such, afterwards to me, and him there? the heirs male of my body; and in case I had | Tur. He was arguing with my lord Powis none, then to my father's brother, and bis heirs about religion, and several times he did so: I male ; and if he bad no heirs male, then after believe it was in the year 1673. that to the right heirs of the grandfather. This L. H. S. What say you to that? was before my time.

Lyd. I can assure your lordships he was not L. H. S. Well, then, that remainder to the there then; I was always with bim that year : right heirs tnight come to him ; and so there he had many times a design to go there, bus

traitor.

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