for salvation, That whatever he had testified concerning the plot, was true; and that he had wronged no man by his testimony, but had testified rather under than over what was truth; that he had nothing lay upon his conscience upon that account; that he should appear cheerfully before the Lord of Hosts, which he did verily believe he must do in a short time. He said, he had many witnesses to produce, who would make the plot as clear as the sun; and he had other things to discover, which were of great importance to the king and the country. Hereupon, he making some pause, I told him, The plot was so evidently made out that no reasonable man, no protestant, I was sure, could doubt of the truth of it: but be ought not to have concealed any thing that concerned the king so highly; he ought to discover his whole knowledge in matters of treason, that traitors may be apprehended and secured, who otherwise may have opportunity to execute their treasonable designs. To this he replied, That much of that which he had not discovered, was to corroborate his former testimony, that he had concealed nothing that was absolutely necessary to the king's preservation; that he thought it not fit to accuse more persons, till he had ended with those whom he had already accused. He expressed great grief and trouble at the condition of his poor king and country, (so he termed them) whom he knew at that time to be in imminent danger from the Jesuits, who had resolved the king's death; and he was sure they would spare him no longer than he continued to be kind to them. He said, he was privy to their consultations at Salamanca and Valladolid, where they used to observe the favourable conjuncture they had to introduce their religion into England; which consisted in their having n head, who must be set up, whatever came of it; and, if they let slip that opportunity, they should never have such another; for without a head, they could do nothing. He said further he knew the wickedness and resolution of the Jesuits; they struck at nothing to compass their own ends they had attempted to poison him, but he had escaped. When he had finished this discourse, (which lasted about a quarter of an hour) I asked him, if the company should now withdraw? And he said, Yes; and ordered his nurses to go out, and only his wife to stay to tend him: and thereupon, all went out, saving Mrs. Bedlow, myself, and my servant William Janes. Then I told him, I thought it convenient that what he should then say unto me, should be upon oath he replied, that it was necessary it should be so; and called for a bible; but my servant having brought a book with him, administered the oath to him; and laying his paper upon a chair by the bedside, writ down his deposition as he delivered it. When Mr. Bedlow had concluded, and said, That was all he had to inform me of, I took the paper, and read it over distinctly to him, and he approved it, and signed it, laying the paper upon a pillow. I thought it not fit, considering his condition, to perplex him with questions, but took his information as he offered it, and held no discourse with him when the company was withdrawn, but concerning the true setting down his depositions; and when he seemed to be weary, to mind him of taking cordials, which his wife reached to him as he desired them. The next day, Mr. Bedlow's brother came to me, and told me, that his brother desired a copy of the Deposition he made before me: but I told him I had well considered it, and could not give him a copy without the king's leave; but I would move the king in it, and if he gave leave, I would take care to send one to him; and Mr. Bedlow's brother then told me, That it was his brother's desire that I should represent to his majesty his condition, and that his sickness was very chargeable; and move his majesty on his behalf for some supply of money for his subsistence; which I promised to do. This is all that I can recollect of what passed upon this occasion, and is in substance true; but the very words, or the order, I cannot positively remember. FRA. NORTH. To the Right Honourable Sir Lyonell Jenkins, one of his Majesty's Principal Secretaries of State. "Sir; I always intended to write from hence, to pay my thanks for the whole circuit, which was much more pleasant, by your favour of holding correspondence with me. But now I have business of some importance: for as soon as I came to this city, I received a message from Mr. Bedlow, by sir John Knight, that he being very ill, and, in the judgment of physicians, in great danger of death, had some business of great moment to impart to me. I knowing the man, and the season, would not refuse the pains to give him a visit; and being satisfied by physicians that there was no contagious quality in his distemper (though I did and in the presence of the company he denot much fear it), I went well accompanied; clared, That whatever he had said relating to had nothing lay upon his conscience upon that the Plot was true; and he being a dying man, score. The greatest trouble he had was the danger the king (whom he loved above all who would attempt his life as soon as ever he things) was in from the Papists at this time, should cease to be kind to them; and many other expressions of this kind. After this, I asked, if he had any thing to impart to me in private he told me, he had. And having made the company withdraw, all but my clerk, I took the enclosed examination upon oath. You may imagine I was not curious to perplex him with questions: I took it just as he deli vered it. Of what signification it will be, I leave to wiser men. I think my duty is to send it to you, that you may inform his majesty of the truth. I shall wait upon you at Windsor, upon Sunday next, to receive your further commands. Your most humble and faithful "Ten at night. The copy enclosed is The following curious Passages are published by Sir JOHN DALRYMPLE, as Extracts from Lord Keeper North's MS. Extract from the Lord Keeper North's manu script Memorandum. "1st. The parliament was to meet the beginning of October, and the discovery was in the middle of August, time enough to blazon it abroad to irritate the minds of men, but not to do any thing for the trial. "2d. Dr. Tong (the first mover) would not have it exposed so much as to the council before the parliament met, but said it was fitter for the parliament: and when it was objected that Papists might kill the king in the meantime, he said, care should be taken, for that they should be watched so narrowly they should not be able to do it. "3d. There was but one witness before the parliament met, which is not sufficient in treasons, so the council could not order a trial, though they might commit, except in case of Coleman, whose letters were produced under his own hand. the papists, it was reported sir Ed. Bury Godfrey was seen last at Somerset-House, and by others at Arundale-House (the Duke of Norfolk's;) it was also whispered that he was seen at the Cockpit (the earl of Danby's) and threatened by the earl of Danby. "It was cunningly done to spread these reports, that it might be known what these persons could say in defence of themselves, and that they might be ready (especially the Cockpit and Arundale-House) to toss the fire from one to the other. It was wondered at that the Lord Treasurer was so soon glanced at, who had been so earnest to follow the discovery. But afterward he was found to be forward in it to carry it to the parliament for fear he should be struck at directly, and it should find belief. It is certain the Church of England men joined in this cry as heartily as any else, for they were always most eager against Popery, although they had friendship with the Cavalier Papists, and many considering men seeing an army kept up against an act of parliament were really zealous that fetters might be put upon the king, and therefore would join "4th. No lord or person of quality, but only inferior people and priests were named before the parliament met, that the court night not be startled, but might engage in the prose-in shewing any discontent. cution of those despicable people, for whom no man would have regret, but they might be bountifully thanked for it by the House of Commons. "By this means the outcry was so very great that the court, who thought before, they might play with the plot, now saw plainly it would be no easy matter to get rid of it, and "5th. To make the ministers of state less therefore it was thought the best way to shew suspicious and more easy, they were courted, a confidence in this loyal House of Commons, not only in the applications of the discoverers, who would be sure to take notice of it them but in the discovery, viz. that the Papists in-selves; and therefore the king mentioned it tended to kill the king, duke of Lauderdale, in his speech at the opening of the session of duke of Ormond, &c. which made the earl of parliament as a plot of the Jesuits, but with Danby not only give way to the prosecution of that caution that he would leave it to law, and it, but to press the belief of it in all places and give no opinion of it for fear of saying too little to all persons; and the Duke of York was not or too much. only acquitted of all design, but was to be killed himself if he did not comply. "In the month of September it (the plot) had its full course, and so much countenance at Whitehall, that a great many thought it a court stratagem to pretend fears and dangers to keep up the army that had been raised, and was by act of parliament to be disbanded before 26th August. "And within a little time, by the murder and exposing the body of sir Ed. Bury Godfrey in the middle of October, the violence and rage of the people was grown to that height against the Papists, that no reason could be heard, but every foolish story against them passed for gospel; and when all force seemed bent against "And therefore it was an unpardonable folly to give force to a design that was formed and conducted by the opposite party, as this must be concluded to he.' Extract First. "They let none know the bottom of the ac cusation; for then no further use can be made of it; but they let the people press to have it searched to the bottom; and then they can manage and improve it as they please, and bring whom they will into the snare; and at first the discovery must not be made to the ministers of state, but to some justice of peace, mayor of a great city, as Loudon, Bristol, &c. or committees of parliament for the better noise, and that it may not be suppressed, and "Godfrey's murder they shall contrive as a stratagem of mischief: so that if there be two or three adverse parties, they may all be thought guilty. Then will they, to avoid the odium, quarrel, and lay it upon one another; and laying it upon which the faction pleaseth, they shall have the help of all the rest." Extract Third. "They took advantage of Popery by a good law to exclude the Popish Lords out of parliament, and by working upon some great families to come into the Church of England, as Norfolk's heir, Shrewsbury, Cardigan's heir, Lumley, &c." Extract Fourth. "And the anti-court party was very great even in the court itself: and all trimmers then were called the party volant in the House of Commons, and now declared and voted against the court in all things; and no wonder; for the king's affairs were looked upon at home as very declining, and most men thought if there should break out any troubles, it might endanger the monarchy; and men were willing to be safe at least, if they could not find their account in a change." Extract Fifth. "The most loyal pretence that ever was thought of was that of the king's safety: who could be sure of that but such as had him in possession? which directly tends to his destruction." Extract Sixth. fitted for the time, and arguing the questions that were in debate in the House, and taking care that all the members should be minded to repair to their seats before the question should be put. "By these means they influenced elections not only in the country, but upon disputes in the house. And they came to that boldness, that when this parliament could not be prevailed upon to pass an act of comprehension, or to undermine the crown, they possessed the people that it was time to dissolve them, that the minds of the people were changed since their choice, and that they were a grievance; and were about to have grand juries to represent it to the judges at the assizes; but that was not ventured for fear when the parliament sat it should be punished. But upon a proro gation of more than a twelvemonth, they attempted to have the parliament declare themselves dissolved; but the members would not drive that nail into their own flesh, which set the game a little back. "I thought it wonderful that when these things were visible, the House should suffer such a combination of men to sit openly, who made it their business not only to traduce the king's government but even their actions: and I concluded that when they were so negligent of their own frontiers, and did not preserve their credit by destroying these enemies of it, they could not be long lasting, and so it happened. For they (that is the major part of them) joined in thwarting the king in every thing be designed, and in laying obloquies upon his government to that degree that it was not to be borne; and at last procured their dissolution to their great surprize, who thought the king would never have inade so bold a step, and to the great joy of the King's Head club, who fell to work with all diligence to model the nex: House of Commons by their correspon Extract Seventh. "The republicans applied themselves to all methods of sedition, and were so open in it that they had public councils for carrying it on, as the King's Head club in Fleet-streetdencies in the country." was, (though I doubt not but they had cabals of a more dark and dangerous nature) and many coffee-houses both in city and country where they vented news and libels, and proceeded with that success, that in 24 hours they could entirely possess the city with what reports they pleased, and in less than a week spread it all over the kingdom. "They could give out that any man who was averse to them was a Papist: and when the king did any thing pleasing to the people, they would discredit it before it could be known; and could put what colour they pleased upon foreign affairs, which they did by the help of foreign ministers. They had correspondents in all parts of the kingdom of the most active and greatest credit, so that when any members of parliament were to be chosen, they could disgrace every loyal person, and recommend whom they pleased; and they were most industrious in parliament time, when by having divers members in their councils, and those who were not members being always near the bars possessing the world with news they had "That incredible fictions should ever pass in courts of justice, without the courts making just observations upon them, was extraordinary: but care was taken to terrify the judges with shouts and acclamations on the one part, and hissings on the other, by which they were to be persuaded, not only of the sense of the people, but of their violent desires, whereby they might imagine dangers to themselves if they should appear to check the stream."* * From the following reports of the Trials, it may be doubted whether the judges required the influence of these shouts, acclamations, and hissings, to stimulate them to severity against the prisoners whom they tried. Mr. Hargrave,in his very learned unpublished “Opinion and Argument, as to the right of Lady Anastasia Stafford Howard to the new Barony of Stafford," [See Lord Stafford's Case, infra], has inserted a review of the History of the Popish Plot, with some important remarks upon it, Extract Eighth. "Tradesmen, if such are not considerable, they are not worth notice; but if one be he who hath great power by the many that live under him, and having grown in riches by outwitting other men, and arrived at the government of the place, as mayor, alderman, &c. the faction may easily persuade him that the world is best governed that way, which makes him a commonwealth's-man: when they have their ends, and raised a force, they may fright him into any thing; for know that he is the most insolent fool and cowardly knave that is in nature." 243. The Trial of WILLIAM STAYLEY, Goldsmith, at the King'sBench, for High Treason: 30 CHARLES II. A. D. 1678.* MR. STAYLEY being accused of High-Treason on the 20th day of November, 1678, brought from Newgate, and arraigned at the King'sbench bar, and the next day was brought to the same place to receive his trial; where being come, and the jury impannelled, the court told the prisoner, that if he would challenge any of the jury he must speak unto them as they came to the book to be sworn, and before they were sworn; the prisoner challenging none, the jury were sworn, &c. viz. Sir Philip Matthews, sir Reginald Foster, sir John Kirke, sir John Cutler, sir Richard Blake, John B:field, esq. Simon Middleton, esq. Thomas Cross, esq. Henry Johnson, esq. Charles Umfrevil, esq. Thomas Egglesfield, esq. William Bohee, esq. The Indictment read: You stand indicted by the name of William Stayley, &c. Crier. If any can give evidence on the behalf of our sovereign lord the king against William Stayley, let him come forth, and he shall Le heard. Sir Creswell Levinz. The Prisoner stands indicted as not having the fear of God before his eyes, being led by the instigation of the devil, not minding his allegiance, but traitorously endeavouring the death and destruction of our sovereign lord the king, he did on November the 14th, in the 30th year of the king, falsly, wickedly, and traitorously compass, imagine, devise, and invent the killing the king; that he did maliciously contrive, (I say) the death of our lord the king of England. To this he hath pleaded Not Guilty. You are to try whether he be Guilty or not. King's Serjeant, (Maynard.) The offence is as great as can be, and will be proved as clear as can be. Call the Witnesses to prove the offence. * From a pamphlet, entitled, "The Trial of "William Stayley, Goldsmith, for speaking Treasonable Words against his most sacred ma"jesty and upon full Evidence found Guilty "of High-Treason, and received Sentence ac"cordingly on Thursday November 21, 1678. "London, Printed for Robert Pavlet at the "Bible in Chancery-Lane near Fleet street, "1678." Att. Gen. Sir William Jones. It would be fitting, before we enter upon the evidence, to give some account, why (among so many of fenders, some of them of greater quality than William Stayley) we chose first to bring this man to trial. It is not unknown to any man that lives in England, what discoveries there have been of horrid and damnable designs against the king's person and the Protestant Religion. There are a sort of men in the world, that endeavour what they can to cry down this Discovery, as that it was altogether supposititious, and a fable. It is true, some are so charitable as to think the Roman Catholics in England do promote the Roman Catholic Religion, but the design against the king's person is a fiction. But they shall do well to take warning by the trial of this man, and imprisonment of so many offenders, as that even since this Discovery made, some have had this treasonable mind, and traitorous attempt against the king, and said those words for which in the Indictment he is charged with. This prisoner by religion, is a Roman Catholic, he calls himself so; in plain English he is a Papist; and finding that since this plot was discovered, his trading decayed, (being one that dealt in monies) he was one of their party, he grew enraged their money was called so fast for, being in the company of one Fromante, a foreigner, at a cook's shop, and were considering of matters of trade, this man was complaining his money was so fast called in for. Taking notice of the Discovery of the Plot, (being a very great well-wisher to it) entered into a great passion, and spake these words of the king: That he was the greatest Heretic in the world, that he was a great Rogue;' for his part, holding up his hand, clapped it then upon his heart,and said I will with this band kill him.' These words were heard by the gentlemen that were present spoken in French.t William Castars, a Witness. Att. Gen. Acquaint the court and jury what you know of any word spoken by the prisoner about killing the king. Witness. So far as I know, or can give an account, it was about eleven of the clock in November 20, 1678. I do appoint Robert the day, on the 14th day of this month he Pawlet to print the Trial of William Stayleycalled for a pot of ale, and a slice of roast beef, and that no other presume to print the same. WILLIAM SCROGCS.' + See East's Pleas of the Crown, c. 2. sec. 58. which when it was called for, his landlord said it should be brought him; there was another Frenchman with Stayley, a stranger to me: they discoursed together in French, and Stayley then said twice over, The king was a grand 'Heretic,' making this demonstration with his hand upon his breast, and stampt five or six times with his foot in great fury. The old man, Fromante, his friend, said,' That the king of England was a tormentor of the people of 'God; and he answered again in a great fury, "He is a great heretic, and the greatest rogue in the world; there is the heart, and here is the hand that would kill him; and the king and parliament think all is over, but the rogues ' are mistaken.' Witness. Yes, I saw him; there was no more distance betwixt the two doors, but just as far as that gentleman and me; his face was straight towards us. L. C. J. Were you in the same room? Witness. No, but just over against it; the doors were open. L. C.J. How near were you to him? Witness. Seven or eight foot from the place where I was and where he was. He was standing at one door, and I at the other. In French the words were spoken, he making a demonstration, stamping with his foot, I would kill him myself' (which the prisoner would have evaded by saying, the words signify I would kill myself.) The prisoner farther said, that the king and parliament thought all was over, but the rogues were beguiled and deceived. Alexander Southerland, Witness. Mr. Southerland, tell what you heard the pri soner at the bar say. Were you there? Witness. Yes. L. C. J. Which was nearest to him, he or you? Witness. He was nearest to him, and I just by the gentleman. He said afterwards when a word or two past betwixt them, The rogues are ' deceived, they think the business is done, but See his character as drawn by Burnet in his account of the Popish Plot, ante, p. 1406, and see more of him in a note to the case of Collier for Treason, June 11, 1680, post. they are deceived.' The old man said, ‹ That the king of England was a tormenter of the 'people of God;' the prisoner answered, The king of England is the greatest heretic, ' and the greatest rogue in the world, and the 'king and parliament think their business is 'done, but the rogues are mistaken. Prisoner. I said (replied the prisone:) I would kill myself. L. C. J. Would you kill yourself because you said the king was a heretic? You ac knowledge yourself to be a Roman catholic. Pris. And in that faith I intend to die. Att. Gen. Here the prisoner doth not deny but he said, 'The king of England was a great 'heretic;' and can we imagine him to be in such a passion, that he would kill himself? Whether that be a natural conclusion from the premises, I must submit to L. C. J. Did you see Mr. Stayley perfectly? Was the door open? Witness. I saw him perfectly. L. C. J. Did you know him before? Wit. I never saw his face before. L. C. J. Did you write the words presently? Wit. I writ them down presently, as God shall be my witness. L. C. J. Look upon the writing, is it your hand? Wit. It is; and it was written the 14th of November, 1678. About 11 o'clock they came to the Black-Lion in King street, and called for a quart of ale, and a slice of roast beef, and it was answered, it should presently be had. William Stayley said, having struck on his breast, and stamping with his foot five or six times, I myself would do it.' L.C. J. Did you write all that is in the paper at that time? 6 Wit. I writ the words in French, as I heard them from him, then formed it as to the person and the time, afterwards, when I was gone. L. C. J. Who told you it was Stayley the goldsmith? Wit. We asked the man of the house; and we found he went to his father's house in Covent Garden; we asked his father's name, and his name; and that is the very man. L. C. J. He confesseth he was in this place at that time with the old man. He acknowledged that he spoke some words, but denied he spake those: That he was the man he doth not deny. Att. Gen. The third man is a gentleman that does not understand the French tongue, he was in the company of these two men at that time; we do not call him to prove the words, because he doth not understand the language. L. C. J. There is no mistake of the person, the prisoner doth not deny he was there. Call the third person to know what he hath to say. Philip Gurret, third Witness. Wit. All that I can say is this: my captain, William Castars, came to me in a great |