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with invitations publicly posted up to all men to accuse them, has not yet in so many years as they have complained of them, been able to charge one single member of that communion, with so much as a misdemeanor? Or what se curity could they possibly expect against that body of men, or their religion, more than we had given them? or how can we hope to live so perfectly, that study and pains may not make a collection of grievances, as considerable as that which was lately presented to us, than which we could not have wished for a better vindication of our government? or when shall we be sure that all obnoxious men are removed from us, when common fame thinks fit to call them so; which is to every body, without any proof, sufficient to render any man obnoxious, who is popishly affected, or any thing else that is ill, though they have never so often or lately complied with their own tests, and marks of distinction and discriminations? finding our people thus unhappily disordered, we saw it impossible to prosecute the war any longer; and therefore did by their advice make a peace upon such conditions as we could get; hoping that being gratified in that darling point they would at least have paid our debts, and enabled us to have built some ships for the future security of our honour, and their own properties; but they being transported with their success in asking, were resolved to go on still that way, and would needs have us put upon the removing of our judges from those charges, which they have always hitherto held at the will and pleasure of the crown, out of our power to alter the ancient laws of trying of peers, and to make it a premunire in our subjects (in a case supposed) not to fight against ourself; nay, some had the heart to ask, that the hereditary succession of our crown (which is the foundation of all our laws) should be changed into a sort of election, they requiring the heir to be qualified with certain conditions to make him capable of succeeding; and outdoing that Popish doctrine, which we have so long and so loudly with good reason decried, that heresy incapacitaces kings to reign. They would have had, that the heir of the crown, marrying a papist, though he continued never so orthodox himself, should forfeit his right of inheritance; not understanding this paradoxical way of securing religion by destroying it, as this would have done that of the church of England, which always taught obedience to their natural kings, as an indispensable duty in all good christians, let the religion or deportment of their prince be what it will; and not knowing how soon that impediment, which was supposed as sufficient to keep out an heir, might be thought as fit to remove a possessor: And comparing that bill which would have it a premunire in a sheriff not to raise the Posse Comitatus, against our commission in a case there supposed, though we ourself should assist that our commission in our person: For not being excepted is implied with the other made by this very parliament in

the 14th year of our reign, which all our su jects, or at least many of them, were obliged swear (viz. That the doctrine of taking up art by the king's authority, against his person, w detestable); and we soon found that the desi was levelled against the good Protestant re gion of our good church, which its enemies h a mind to blemish, by sliding in slily tho damnable doctrines, by such an authority that of our parliament, into the profession our faith or practices, and so expose our who religion to the scorn and reproach of the selves, and all the world: We therefore thoug it our duty to be so watchful as to prevent enemies sowing such mischievous tares as the in the wholesome field of our church of Er land, and to guard the unspotted spouse of blessed Lord from that foul accusation w which she justly charges other churches, teaching their children loyalty, with so ma reserves and conditions, that they shall ne want a distinction to justify rebellion; no text of scripture, as good as Curse ye Mer to encourage them to be traitors: Whereas truly reformed church knows no such subtilti but teaches according to the simplicity of ch tianity, to submit to every ordinance of man God's sake, according to the natural significat of the words, without equivocation or artific turns. In order to which, having thought dissolve that body, which we have these ma years so tenderly cherished, and which we sure consists generally of most dutiful and lo members, we were forced to prorogue our p liament till November next, hoping thereby cure those disorders, which have been so among the best and loyalest subjects by a f malicious incendiaries. But understand since, that such who have sowed that sediti seed, are as industriously careful to water it their cabals, and emissaries, instructed purpose to poison our people with discourses public places, in hopes of a great crop of c fusion, their beloved fruit, the next session we have found it absolutely necessary to d solve our parliament, though with great relu ancy and violence to our inclination: But membering the days of our royal father, a the progress of affairs then, how from a d against popery the people went on to compl of grievances, and against evil counsellors a his majesty's prerogative; until they advanc into a formal rebellion, which brought forth t most direful and fatal effects that ever were heard of amongst any men, christians or other and withal, finding so great a resembla between the proceedings thenand now, that th seem both broth of the same brains: And be confirmed in that conceit, by observing the tions of many now, who had a great share the former rebellion, and their zeal for religi who by their lives gave us too much reason suspect they have none at all; we thought not safe to dally too long, as our Royal Fat did, with submissions and condescensions, deavouring to core men infected, without moving them from the air where they got

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disease, and in which it still rages and increases daily. For fear of meeting with no better success than he found in suffering his parliament to challenge power they had nothing to do with, all they had bewitched the people into foad desires of such things as quickly destroyed both king and country, which in us would [be] an intolerable error, having been warned so lately by the most execrable murder of our Royal Father, and the inhuman usage which we our self in our royal person and family have suffered, and our loyal subjects have endured, by such practices and lest this our great care of this our kingdom's quiet, and our own honour and safety, should, as our best actions hitherto have been, be wrested to some sinister sense and arguments be made from it to scare our good people into any apprehensions of an arbitrary government either in church or state: We do hereby solemnly declare and faithfully engage our royal word, that we will in no case either ecclesiastical or civil, violate or alter the known laws of our kingdom, or invade any man's property or liberty without due course of law: But that we will with our utmost endeavours preserve the true Protestant Religion, and redress all such things as shall indifferently, and without passion, be judged grievances by our next parliament, which we do by God's blessing intend to call before the end of February next. In the mean time we do strictly charge and command all manner of persons whatsoever, to forbear to talk seditiously, slightly or irreverently of our dissolving of the parliament, of this our declaration, or of our person or government, as they will answer it at their perils; we being resolved to prosecute all offenders in that kind with the utmost rigour and severity of the law. And to the end that such licentious persons, if any shall be so inpudent and obstinate as to disobey this our royal command, may be detected and brought to due punishment, we have ordered our Lord Treasurer to make speedy payment of twenty pounds to any person or persons who shall discover or bring any such seditious, slight or irreverent talker before any of our principal secretaries of state."

Recorder. I would have the jury should know the Declaration ends, "To one of his majesty's principal secretaries of state; whereof he hoped to be one.

Att. Gen. This is written in the name of the king; for Mr. Coleman thought himself SO secretary of state, and he pens the Declaration, for the king to give an account why the parliament was dissolved.

Ser. Maynard. The long letter, it appears, was to dissolve the parliament; and to make it cock-sure, he provides a Declaration to shew the reason of it: it was done in order to bring popery; that may appear by the subsequent

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proof. Att. Gen. I have other evidence to offer to your lordship, which is, That Mr. Coleman was not only so bold as to prepare a Declaration for

the king, but also out of his own further ingenuity, prepares a Letter (contrary to the duke's knowledge) for the duke, which before several Lords he confessed; and sir Philip Floyd is here ready to justify it.

Sir Philip Floyd. I did attend a Committee of the House of Lords to Newgate, who examined Mr. Coleman, and told him of the letter Mr. Attorney mentioneth; he then confessed, that it was prepared without the order and privity of the duke; and when he was so bold as to shew it the duke, the duke was very angry and rejected it.

L. C. J. He hath been a very forward undertaker on the behalf of the duke.

Att. Gen. I desire the Letter may be read.

The Copy of the Letter written to M. La Chaise the French king's Confessor; which Mr. Coleman confessed he himself wrote and counterfeited in the duke's name.

Clerk of the Crown reads the Letter. "The 2d of June last past, his most christian majesty offered me most generously his friendship, and the use of his purse, to the assistance against the designs of my enemies and his; and protested unto me, that his interest and mine were so clearly linked together, that those that opposed the one, should be looked upon as enemies to the other; and told me moreover his opinion of my lord Arlington, and the parliament; which is, That he is of opinion that neither the one nor the other is in his interest or mine: And thereupon he desired me to make such propositions as I should think fit in this conjuncture.

"All was transacted by the means of Father Ferrier, who made use of Sir William Throckmorton, who is an honest man, and of truth, who was then at Paris, and had held correspondence with Coleman, one of my family, in whom I have great confidence.

"I was much satisfied to see his most chris

tian majesty altogether of my opinion, so I made him answer the 29th of June, by the same means he made use of to write to ine, that is, by Coleman, who addressed himself to Father Ferrier (by the forementioned knight), and entirely agreed to his most christian majesty, as well to what had respect to the union of our interests, as the unusefulness of my lord Arlington, and the parliament, in order to the service of the king my brother, and his most christian majesty; and that it was necessary to make use of our joint and utmost credits, to prevent the success of those evil designs, resolved on by the lord Arlington and the par liament, against his most christian majesty and myself; which, of my side, I promise really to perform: of which, since that time, have given reasonable good proof.

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"Moreover I made some proposals, which I thought necessary to bring to pass what we were obliged to undertake, assuring him, That nothing could so firmly establish our interest with the king my brother, as that very same

offer of the help of his purse; by which means I had much reason to hope I should be enabled to persuade to the dissolving of the parliament, and to make void the designs of my lord Arlington, who works incessantly to advance the interest of the prince of Orange and the Hollanders, and to lessen that of the king your master, notwithstanding all the protestations he hath made to this hour to render him service.

"But as that, which was proposed, was at a stand by reason of the sickness of Father Ferrier, so our affairs suceeded not according to our designs; only Father Ferrier wrote to me, the 15th of the last month, That he had communicated those propositions to his most christian majesty, and that they had been very well liked of; but as they contained things that had regard to the catholic religion, and to the offer and use of his purse, he gave me to understand he did not desire I should treat with M. Rouvigny upon the first, but as to the last, and had the same time acquainted me, that M. Rouvigny had order to grant me whatsoever the conjuncture of our affairs did require; and have expected the effects of it to this very hour: But nothing being done in it, and seeing, on the other hand, that my lord Arlington and several others endeavoured by a thousand deceits to break the good intelligence which is between the king my brother, his most christian majesty, and myself, to the end they might deceive us all three; I have thought fit to advertise you of all that is past, and desire of you your assistance and friendship to prevent the rogueries of those, who have no other design than to betray the concerns of France and England also, and who by their pretended service are the occasion they succeed not.

"As to any thing more, I refer you to sir William Throckmorton, and Coleman, whom I have commanded to give an account of the whole state of our affair, and of the true condition of England, with many others, and principally my lord Arlington's endeavours, to represent to you quite otherwise than it is.

"The two first I mention to you are firm to my interest, so that you may treat with them without any apprehension."

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Serj. Maynard. Gentlemen of the Jury, pray observe that he takes upon him to prepare a letter, and that in the duke's name, but contrary to the duke's knowledge or privacy; for when he had so much boldness as to tell him of it, the duke was angry, and rejected it. But in it we may see what kind of passages there are, he takes very much upon him in this matter. And Mr. Coleman must keep the secret too.

Att. Gen. My Lord, I have but one paper more to read, and I have kept it till the last; because if we had proved nothing by witnesses, or not read any thing but this, this one letter is sufficient to maintain the charge against bim: It plainly appears to whom it was directed and at what time. It begins thus (I sent your reverence a tedious long letter on our 29th of September). I only mention this, to shew

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about what time it was sent. clauses in it will speak better than I can. Sir Thomas Doleman and sir Phip Floyd swear he hath confessed and owned it to be his handwriting. I desire the letter may be read.

Clerk of the Crown reads the Letter.

"Sir; I sent your reverence a tedious long letter on our 29th Sept. to inform you of the progress of affairs for these two or three last years; I having now again the opportunity of a very sure hand to convey this by, I have sent you a cypher, because our parliament now drawing ou, I may possibly have occasion to send you something which you may be willing enough to know, and may be necessary for us that you should, when we may want the con veniency of a messenger. When any thing occurs of more concern, other than which may not be fit to be trusted even to a cypher alone I will, to make such a thing more secure, writ in lemon between the lines of a letter, which shall have nothing in it visible, but what I can not who sees, but dried by a warin fire, shal discover what is written; so that if the lette comes to your hands, and upon drying it an thing appears more than did before, you ma be sure no body has seen it by the way. I wil not trouble you with that way of writing, bu upon special occasions, and then I will giv you a hint to direct you to look for it, by con cluding my visible letter with something of fire or burning, by which mark you may please to kuow, that there is something underneath, an how my letter is to be used to find it out.

"We have here a mighty work upon ou hands, no less than the conversion of thre kingdoms, and by that perhaps the utter sub duing of a pestilent heresy, which has domi neered over great part of this Northern work a long time; there were never such hopes o success since the death of our queen Mary, a now in our days: When God has given us prince, who is become (may I say a miracle zealous of being the author and instrument o so glorious a work; but the opposition we ar sure to meet with, is also like to be great: S that it imports us to get all the aid and assist ance we can, for the harvest is great, and the labourers but few. That which we rely upo most, next to God Almighty's providence, and the favour of my master the Duke, is the mighty mind of his most Christian majesty, whose ge nerous soul inclines him to great undertakings which being managed by your reverence: exemplary piety and prudence, will certainl make him look upon this as most suitable himself, and best becoming his power and thoughts; so that I hope you will pardon me if I be very troublesome to you upon this occa sion, from whom I expect the greatest help w can hope for. I must confess I think his Chris tian majesty's temporal interest is so much at tracted to that of his royal highness (which can never be considerable, but upon the growth and advancement of the catholic religion) tha his ministers cannot give him better advice

even in a politic sense, abstracting from the considerations of the next world, that of our blessed Lord, to seek first the kingdom of heaven, and the righteousness thereof, that all other things may be added unto him.' That I know his most Christian majesty has nrore powerful motives suggested to him by his own devotion, and your reverence's zeal for God's glory, to engage him to afford us the best help he can in our present circumstances. But we are a little unhappy in this, that we cannot press his majesty by his present minister here upon these latter arguments (which are most strong), but only upon the first, Mr. Rouvigny's sense and ours differing very much upon them, though we agree perfectly upon the rest: And, indeed, though he be a very able man, as to his master's service, in things where religion is not concerned; yet I believe it were much more happy (considering the posture he is now in), that his temper were of such a sort, that we might deal clearly with him throughout, and uat be forced to stop short in a discourse of consequence, and leave the most material part out, because we know it would shock his particular opinion, and so perhaps meet with dislike and opposition, though never so necessary to the main concern. I am afraid we shall find too much reason for this complaint in this next session of parliament: For had we had one bere from his most Christian majesty, who had taken the whole business to heart, and who would have represented the state of our case truly, as it is, to his master, 1 do not doubt but his most Christian majesty would have engaged himself further in the affair than at present I fear he has done, and by his approbation have given such counsels as have been offered to his royal highness by those few catholics who have access to him, and who are bent to serve hum and advance the catholic religion with all their might, and might have more credit with bis royal highness than I fear they have found, and have assisted them also with his purse as far as 10,000 crowns, or some such san (which to him is very inconsiderable, but would have been to them of greater use than can be imagined), towards gaining others to help them, or at least not to oppose them. If we had been so happy as to have had his most Christian majesty with us to this degree, I would have answered with my life for such success this sessions, as would have put the interest of the catholic religion, his royal highness and his most Christian majesty, out of all danger for the time to come. But wanting those helps of recommending those necessary counsels, which have been given his royal highness in such mander as to make him think them worth his accepting, and fit to govern himself by; and of those advantages, which a little money, well managed, would have gained us; I am afraid we shall not be much better at the end of this sessions than we are now. I pray God we do Bot lose ground. By my next, which will be ere long, I shall be able to tell your reverence more particularly, what we are like to expect.

In the mean time I most humbly beg your holy prayers for all our undertakings, and that you will be pleased to honour me so far as to esteem me what I am entirely, and without any reserve, Mon très Reverend Pere, de votre R.

Le plus humble, plus obeisant serviteur." [Several other Letters were read, but because of prolixity they are omitted, these being most material.]

Att. Gen. I have done with my evidence; we need no more proof against him.

Pris. My Lord, I would, if your lordship please, very fain ask of Mr. Oates (because he was pleased to say he was present with me in May or April), whether he knows the particular days of the months.

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[Here Mr. Oates (who being tired, withdrew to rest himself) was called, and the prisoner was asked, whether he would speak with Bedloe, but he desired not to speak with him.]

Oates. The consult that was held in May New-stile, is April Old-stile; it was within a day, or two, or three of the consult?

Pris. Where was the consult?

Oates. It was begun at the White-Horse Tavern; then they did adjourn it to several clubs and companies, and you came, two or three days after the consult to the Provincial's chamber, we then desiring to go out of town. Pris. Was you there, and who else?

Oates. There was the provincial, and Micho and Strange the old provincial, and Keins your companion.

Pris. What day of August was that at the Savoy?

Outes. I cannot swear the particular day of the month, I cannot so far charge my memory.

The result at the consult in May was, that Pickering and Groves should go on in their attempt to assassinate the person of his majesty by shooting or otherwise. Mr. Coleman knew of this, and said, it was a good design.

L. C. J. Who was there? Was Mr. Coleman with them at the consultation ?

Oates. No, my lord; but two or three days after the consultation, he was at Wild-House, and there he expressed that he approved of it. L. C. J. Did he consent to it? Oates. He did consent to it.

Just. Wild. Did he use no words about it? Oates. He did shew his approbation of it. But in those instructions, that were brought to Ashby, he did say it was a very good proposition, but he thought the reward was too little.

L. C. J. Did he use any words to declare his assent?

Oates. Two things lie couched in the question, whether your lordship means the consult or the instructions he did approve of.

L. C. J. How long after the consultation was it that he approved of it ?

Oates. It was two or three days before he did give his approbation.

Just. Wild. What words did he say? Oates. He did express his consent; but te say the very words, I cannot tell,

L. C. J. Will you ask him any more?
Pris. I would know the day in August?
L. C. J. He saith he doth not remember
the day.

Oates. I believe, I will not be positive in
it, it was about the 21st day of August.
Just. Wild. and Just. Jones. Was it in Au-
gust Old-stile ?

Oates. Yes.

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L. C. J. You may say as you will, but Mr. Oates doth charge, that expressly in August (according to the English stile) you were at this Wild-House, and that he saw fourscore pounds prepared. You, Mr. Coleman, asked the question, what preparations were made for the men going to Windsor? It was answered, fourscore pounds are prepared and yourself gave a guinea for expedition. It is a hard matter to press a man to tell the precise day of the month, but positively he doth say it was in August.

Pris. I was two and twenty or three and twenty days in August in Warwickshire.

L. C. J. What have you now more to say? Pris. My Lord, I never saw Mr. Oates but in the council-chamber, I never saw him in Rome, in other parts I never saw the face of him, or knew him in my whole life; nor did I see the other till now in court, as I hope to be saved. And then, my lord, as to their testimony, neither of them swear the self same fact.

J. C. J. No man shall be guilty if denial shall make him innocent: they swear to the fact of killing the king, both of them, and that's enough. If one saith you have a plot to poison, that is killing the king; and the other swears a plot to shoot, or stab him, that is to the killing of the king also: then there is your own undertaking, in your letter, under your hand. Pris. For treason (with submission to your lordship), I hope there is none in that, though there are very extravagant expressions in it. I hope some expressions explain it, that it was not my design to kill the king.

L. C. J. No, your design was for the conversion of three kingdoms, and subduing of that heresy that had reigned so long in this northern part of the world: and for effecting whereof, there were never more hopes since our queen Mary's time till now, and therefore pressing the king of France,' to use his power? aid and assistance? and does this signify nothing? Pris. Doth aid and assistance signify more than money? the word aid in French is power, they are promiscuous words.

L. C. J. You are charged to have had a correspondency and agency with foreign power to subvert our religion, and bring in foreign

authority and power upon us, which must be the necessary consequence: How can this be proved plainer than by your letter, to press the French king that he would use his power?

Pris. Consider the contexture and connec tion of things, whether the whole series be no to make the king and the duke (as far as thought in my power) as great as could be.

L. C. J. How well or ill you excuse the fault, that is not the question; they relate to the duke most of them, little to the king. You were carrying on such a design, that you in tended to put the duke in the head of, in such method and ways as the duke himself would not approve, but rejected.

Pris. Do not think I would throw any thing upon the duke. Though I might (in the beginning of it) possibly make use of the duke name, it is possible (they say I did), but ca any imagine the people will lay down mone 200,000l. or 20,000l. with me upon the duke name, and not know whether the duke be in it And consequently nobody will imagine th duke would ever employ any sum to this king prejudice or disservice while he lived. I tak it for granted (which sure none in the world wi deny), that the law was ever made imme diately subject to the king or duke: and conse quently to the duke, I cannot think this wi ever be expounded by the law of England, o the jury, to be treason.

L. Č. J. What a kind of way and talking this? You have such a swimming way melting words, that it is a troublesome thing fo a man to collect matter out of them. Yo give yourself up to be a great negotiator in th altering of kingdoms, you would be great wit mighty men for that purpose; and your lon discourses and great abilities might have bee spared. The thing these letters do seem to in port, is this, That your design was to bring i popery into England, and to promote the inte est of the French king in this place, for whic you hoped to have a pension (that is plain The duke's name is often mentioned, that true; sometimes it appears it is against h will, and sometimes he might know of i and be told that the consequence was no great. Now say you these sums of money an all that was done, it did relate to the king o duke, and it was to advance their interes and you thought it was the way to do it. Ho can this advance them, unless it were done do them service? And if they do not conser to it, and how can this be treason, what kin of stuff is this? You do seem to be a might agent, might not you for a colour use the dul of York's name to drive on the Catholi cause, which you was driven to by the pries mightily, and think to get 200,000l. advanc money, and a pension for yourself, and mak yourself somebody for the present, and secr tary of state for the future? If you will mak any defence for yourself, or call in witnesse we will hear them; Say what you can; fo these vain inconsequential discourses signif nothing.

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