The Committee having sent for Mr. Gustavus Bâhr, formerly a Captain in the Swedish Service, who being at Cadiz on account of the Madagascar Expedition, had Occasion to transact several Affairs with Morgan, and the other Officers of the Pretender's Ships, they were informed by him that the Arms above-mentioned were brought, part of them from Gottenburg, and part from Hamburg, by one of the Pretender's Ships, named the Fortune, commanded by one Butler. That two thousand of the said Arms be&rehy;longed to the Swedish Madagascar Company, and were delivered by him, Bâhr, to Morgan.
Bâhr farther declared, That all the Swedish Officers at Cadiz looked on Morgan's Ships as belonging to the Pretender, and spoke of them in all Conversations as such, which was confirmed to him expresly by Baron Seebach and Osthoff; and one of the Sailors of the said Ships owned to the Committee, That they went from Port to Port without taking in any Cargo; That they had sometimes but sixty, and sometimes one hundred and thirty Men on board the Revolution, and often received Orders for Sail&rehy;ing with all possible Expedition, which Orders were afterwards counter&rehy;manded, without any apparent Reason for one or the other, and that this unaccountable Proceeding satisfied him, the said Ships were engaged in some unwarrantable Design. Bâhr farther declared, That Osthoff told him, the Ship Revolution was at first purchased in England, for transporting the late King of Sweden in Person, in his projected Descent on Scotland; and that he, Bâhr, saw the Name Carolus still standing in the Cabin of the said Ship, when he was last on board her. And Morgan's Son owned, That he had observed the Arms of the Crown of Sweden in the said Cabin, which he supposed were placed there as a Token that the said Ship was engaged in the Service of the Swedish Madagascar Company, tho' he owned that the other Ships engaged in the same Service had no such Token.
Some of the Particulars above-related, do very much explain and con&rehy;firm AA 5. O&horfill;'s Letters to L&horfill; of the 27th of April, as also AA. 4,6. those to Dunville and Dodsworth, in which it is said, That the Hopes of Remit&rehy;tances from Persons in England had induced O&horfill; to supply M&horfill; (which appears to be Morgan). That O&horfill; could depend on two thou&rehy;sand Arms from M&horfill; (which appear to be the two thousand Arms de&rehy;livered to Morgan by Bâhr 17. before the Date of O&horfill;'s Letter. That M&horfill; had writ from C&horfill; (which appears to be Cadiz) that he could get more Arms if he had more Money; and accordingly the Committee find that a second Supply of Arms was purchased by Morgan from Count Rhen&rehy;stierna's Agent. O&horfill; in his AA. 5. Letter to L&horfill; dated the 27th of April, says; 'I have order'd M&horfill;'s Ship to come to A&horfill;,'
and it 17. appears that Morgan did at that very time embark on board the Lady Mary, with the Arms above-mentioned, and 47,48. went first to Sancto Antonio, and soon after to Sancto Andero.
The Sailors on their Examination having mentioned one Hilton, as com&rehy;manding a Ship under Morgan, and the Committee finding a 27. Letter from Morgan, directed to Don Nicholas, which in a subsequent 28. Let&rehy;ter is mentioned to have been writ to the said Hilton, they thought it probable Hilton might be a fictitious Name for Nicholas Wogan, in the same manner as Walton was for Morgan, and Gardiner for Gallwey; having accordingly examined the Sailors as to this Particular, one of them said, he believed Hilton was a fictitious Name, and Morgan's Son owned that Hilton's true Name was Nicholas Wogan, and that he had been confined in England on account of the Preston Rebellion, as he was told by Nicholas Wogan, Jun. who went by the Name of Paterson: and one of the Sailors declared that the said Wogan, Sen. obtained the Command of one of the Ships under Morgan, after their Arrival in the Bay of Cadiz.
These Particulars agree with Glascock's E. 31. Letter to George Kelly of the 24th of April, O. S. in which he mentions Nicholas Wogan by the Name of Xoland, as being to have the Command of a Vessel at Cadiz, to Cruise against the Turks, or for other Views, on which he will not pretend to de&rehy;cide; and Kelly E. 35. answering this Letter, wishes Wogan's Chief may suc&rehy;ceed in his Journey. The same Particulars confirm Mr. Crawfurd's A. 30,31. Let&rehy;ters of the 18th and 25th of July, by which it appears, that the two Ni&rehy;cholas Wogan's were at that time come to Morlaix, expecting Morgan's Ships to follow them to that Port in order to their setting Sail for Eng&rehy;land; that the eldest of them was to have been Captain, and the other Lieu&rehy;tenant of one of those Ships, and that they owned the Project in Spain, by what they had learnt of it, was for the late Duke of Ormond to have landed in the West with Irish Officers and Arms.
On the 8th of June, N. S. Colonel Stanhope A. 15. writ Word that the late Duke of Ormonde was preparing to Embark with Arms and Officers for England. And your Committee find, that 47,48. about that time the Ship Re&rehy;volution set Sail from the Bay of Cadiz; That the Sailors knowing the Madagascar Voyage to be dropped, refused to do their Duty till they were satisfyed as to the Place they were designed for. That hereupon Gallwey assured them it was to Gibraltar, in order to clean the Ship; but having got them under Sail, and satisfyed them about their Wages, they proceeded to the Bay of Biscay; That they put in at Sancto Antonio to take Morgan on Board, and then joyned the Lady Mary at Sancto Andero. That upon their Arrival at this Place, the common Report on Shoar was, That the late Duke of Ormonde and four Companies of Soldiers were to be taken on board the Revolution; That Corn and Cattle were provided for the said Soldiers; and that the late Duke of Ormonde was within a short Day's Journey of Sancto Andero; That hereupon the first and second Mate of the said Ship, suspecting Gallwey to be engaged in some unwarrantable Design, agreed not to serve any longer, unless Gallwey would give them a Note under his Hand, that they were forced into the Service, and would also declare whither they were bound, and give them Security that they should not be employed in any other Voyage than such as he should de&rehy;clare to them; whereupon one of them was confined, and the other dis&rehy;countenanced by Gallwey.
But that Gallwey's real Expectations were to have come over with the late Duke of Ormonde, appears to the Committee most evident from the 39. Copy of a Letter of his, dated the 16th of June, the Day before he set Sail from Cadiz, in which are these Words, "I hope the &horfill; will sail To-morrow; your not repeating Orders and Advice concerning the Business in Hand gives me a thousand Apprehensions; God send our Bankers and the rest of our Friends are safe, and stand their Ground. I intend to Embark my-self on Board the &horfill; for fear my Dear Aunt should have any Occasion for Assistance, of whom I am so tender that I would not if possible have the Care of her put into any other Hands.
The Committee observe that the same Expression of My Aunt is used in the Letter to Dodsworth with such Circumstances as make it highly pro&rehy;bable that in that AA. 6. Letter, as well as this of Gallwey's, it denotes the late Duke of Ormonde. They likewise observe, that the Names of Manfield and Medley are used in Morgan's and Gallwey's Letters in such a Manner, as confirms those Names to mean the late Duke of Ormonde, agreeable to the Explication given them in the Report of the Committee of the House of Commons.
Gallwey in his 42. Letter of the 3d of November 1722, says, He has a couple of fine Grey-hounds, a Dog and a Bitch, for Mr. Freeman; the same Dogs are mentioned in 19. another Letter and in the 47,48 Depositions of two of the Sailors to have been a Present from the late Duke of Ormonde, to the Pretender; which confirms the Explication of the Name of Freeman, men&rehy;tioned in the said Report, to be true.
There was likewise seized on board the Revolution, a 26. Letter to Gall&rehy;wey, signed John Obrien, which appears to be in the same Hand-writing with the F. 14.28. Letters signed Gerrard and M. Digby taken among Mr. Dennis Kelly's Papers, and confirms Gerrard to mean Sir John Obrien, one of Dil&rehy;lon's Secretaries, agreeable to the Conjecture in the said Report.
Gallwey, in a 40. Letter dated from Alicant Bay, the 13th of September last, expresses his Concern for Kelly's Confinement, but hopes that is the worst that can befall him; and a 46. Letter in Kelly's Hand-writing signed Jo. Johnson, directed for Gardiner, but enclosing a Note for twenty Guineas payable to Gallwey, was found on board the Revolution, as also a Direction entred with Kelly's own Hand in a 45. Pocket-Book, supposed to belong to Morgan. Kelly in his Letter acknowledges the Receit of one from Sir John (which is probably their common Correspondent, Sir John Obrien) and says their Friends in Spain are well, as one of the Family writes him Word: which shews how extensive Kelly's Correspondencies were.
Gallwey in a 42. Letter from Genoa of the 3d of November, 1722, (which appears to have been writ to one of the Pretender's Family) says he has acted for many Months past under the Direction of Medley (Ormond) who, he makes no doubt, has mentioned him to Mr. Freeman (the Pretender); yet in his A. 45. Letter to Lord Carteret, after his Ship was taken, he has the As&rehy;surance to affirm that he never saw the late Duke of Ormond since he left England, nor ever corresponded directly or indirectly with him or the Pre&rehy;tender, or any of their Adherents at home or abroad, but was always zea&rehy;lously well affected to His Present Majesty and our happy Establish&rehy;ment.
Gustavus Bâhr abovementioned 17. deposes among other Particulars that he has been informed the Pretender's Agents had Arms for three thousand Men, lodged at a House belonging to the late Duke of Ormond, near Morlaix in Britanny; which Port the Committee observe was one of the usual Stations of the Pretender's Ships under Morgan; and it appears pro&rehy;bable that these three thousand Arms made part of the ten thousand men&rehy;tioned in O&horfill;'s AA. 5. Letter to L&horfill; as provided by D&horfill;, who is supposed to be Dillon.
Robert Franklyn, second Mate of the Ship Revolution, 48. deposes, that Letters directed to John or James Jacobs, at Genoa, were taken up at the Post-house by Gallwey. The Committee observe, that Jones in his D. 10. Let&rehy;ter to Chivers, mentions his having communicated the Copies of Mansfield's and Jacobs's Letters; and Glascock in his E. 37. Letter to George Kelly of the first of May, says; "He hopes Money is sent to pay for the Barrels, which Jacobs has at his Disposal:"
In both which Places it is probable that Ja&rehy;cobs means Gallwey; and that Barrels mean Stands of Arms, is confirmed by a 27. Letter of Morgan's, in which speaking of that very Ship that brought the Arms above-mentioned from Gottenburg and Hamburg to Cadiz, he says, "She had received Orders for taking in nineteen Barrels, with every thing necessary to make use of them:"
Which last Words seem to refer to the Bayonets, Flints and Powder. A. 9. The Intelligence sent by Mr. Crawfurd, on the 27th of May, That Gordon of Boulogne was to have a Ship ready to transport some of the Chiefs of the Conspiracy to England, is confirmed by the Deposition of Roger Garth (already published) who de&rehy;clares, "That the said Gordon (whom he had good Reason to believe to be an Agent of the Pretender's) did some time last Summer endeavour to en&rehy;gage him to ply off of that Station with his Sloop, in order to carry over such Persons as he the said Gordon should recommend to him, pro&rehy;mising him that he should have Employment enough.
The Lords Committees conceive, that the several Particulars above re&rehy;lated, will appear to the House very much to corroborate the Accounts received from Abroad of Ships provided for transporting the late Duke of Ormond to England, with Arms and Officers, the beginning of last Summer; and that they also confirm the Decyphering of the Letters, and Expli&rehy;cation of the Names, contained in the Report of the Committee of the House of Commons.
The Lords Committees observing that some Paragraphs of the Letters referr'd to them were writ originally in Cypher, thought it proper to call the Decypherers before them, in order to their being satisfied of the Truth of the Decyphering. The Account they receiv'd from those Persons, was, that they have long been versed in this Science, and are ready to produce Witnesses of undoubted Reputation, who have framed Letters in Cy&rehy;pher, on purpose to put them to a Tryal, and have constantly found their decyphering to agree with the Original Keys which had been concealed from them; it was likewise confirmed to the Committee, that Letters decyphered by one or other of them in England, had exactly agreed with the decyphering of the same Letters performed by Persons in foreign Parts, with whom they could have no Communication; and that in some In&rehy;stances after they had decyphered Letters for the Government, the Keys of those Cyphers had been seized, and upon comparing them, had agreed ex&rehy;actly with their decyphering.
With respect to the intercepted Letters in Question, they alledged that in the Cypher used by George Kelly, they find the Words ranged in an alphabetical Order, answering the progressive Order of the Figures by which they are expressed, so that the farther the initial Letter of any Word is removed from the Letter A, the higher the Number is by which such Word is denoted; that the same Word will be found to be constantly denoted by one and the same Figure, except in the Case of Particles or Words of very frequent Use, which have two or three Figures assign'd to them, but those always following one the other in a progressive Order. They likewise set forth, that in the Cypher above-mention'd a certain Order is constantly observed as to the placing of the Words made use of, that under each Letter of the Alphabet the first Cyphers are allotted to the proper Names of Places, the next to the proper Names or Titles of Persons, the next to whole Words in common Use, and the last to denote single Letters.
As to the Truth of the Decyphering, they alledged that several Let&rehy;ters written in this Cypher had been decyphered by them separately, one being many Miles distant in the Country, and the other in Town, and yet their decyphering agreed; that Facts unknown to them and the Govern&rehy;ment at the time of their decyphering had been verified in every Cir&rehy;cumstance by subsequent Discoveries, as particularly that of H&horfill;'s Ship coming in Ballast to fetch O&horfill; to England, which had been so decy&rehy;phered by them two Months before the Government had the least notice of Halstead's having left England: That a Supplement to this Cypher ha&rehy;ving been found among Dennis Kelly's Papers the latter end of July, agreed with the Key they had formed of that Cypher the April before: That the decyphering of the Letters signed Jones, Illington, and 1378, being afterwards applied by them to others written in the same Cypher, did im&rehy;mediately make pertinent Sense, and such as had an evident Connexion and Coherence with the Parts of those Letters that were out of Cypher, tho' the Words in Cypher were repeated in different Paragraphs and dif&rehy;ferently combined. And they insist that these several Particulars duely weighed amount to a Demonstration of the Truth of their decyphering.
As to the other Cyphers made use of by Jernegan, Stanley, and Walter Grahame, they consist only of twenty four Figures , for the twenty four Letters of the Alphabet, and some other Figures for proper Names or whole Words, in the placing of which Names a certain Order is also ob&rehy;served.
These several Particulars they declared themselves ready to attest upon Oath, and to produce sufficient Witnesses to their Character and Integrity as well as their Skill.
The Committee being empowered by your Lordships to examine Chri&rehy;stopher Layer, did accordingly spend some time in the said Examination, which produced a tedious Repetition of the Particulars contained in his Ex&rehy;amination before the Committee of the House of Commons, and some few Circumstances which they found he had recollected by reading the printed Report and Appendix.
All that he confessed to them which is new, was, that he did before his setting out for Rome acquaint Plunket with his Intentions of carrying over a Note of the Names of the Tory Gentlemen of Norfolk, if Plunket thought it would be acceptable; that during his Stay at Rome, Sir William Ellis told him, that he had formerly corresponded with Plunket at the Request of the Lady Middleton, but that he had not for some time past corresponded with Plunket, or any one else, in relation to the Pretender's Affairs; for that from the time of the Action at Dumblain so many Scottish Noblemen and Gentlemen had come over to the Pretender, that he and all the rest of the old Servants had been forbid all Correspondence in England, or elsewhere. Upon Layer's desiring leave to correspond with him if it were practicable, he told Layer, that on Condition he would promise to write nothing but what might be shewn to the Pretender himself, he would settle a Corre&rehy;spondence with him; for that tho' he had followed the Fortunes of the late King James and his Family, ever since the Revolution; and had always been faithful to the Pretender, and for many Years his Cashier, yet if any of the Scottish Gentlemen that were about the Pretender should know he received a Letter without communicating it to him, it would cost him his Place, and he should be in utter Disgrace: That Layer promising to write nothing but what might be shewn, Ellis gave him a Cypher of his own Hand-writing, as also another Cypher of cut Paper for carrying on the Corre&rehy;spondence; that he Layer likewise settled a Cypher of fictitious Names with Mrs. Hughes, Nurse to the Pretender's Child, and received a Letter from her in relation to the Christening of his Daughter. He would not own that he knew of any other Cypher, and persisted that Mrs. Kin&rehy;der meant the said Mrs. Hughes, tho' in Ellis's Cypher it stands for Mrs. Fox. He said that the Paper which he desired a Copy of from Sir William Ellis, and which is referred to in BY. 38. Ellis's Letter of the 30th of January, was a short Scheme relating to the Preston Affair shewn him by Ellis while he was at Rome, of which he remembers no other Particulars, but that Insurrections were to be begun in several Counties in a dark Night. That when he made Application to Plunket for the fictitious Names of Bur&rehy;ford, Steele, &c. he was forced to acquaint Plunket with his having settled a Correspondence with Ellis, which Plunket resented, and said he thought Ellis had been forbid all Correspondence with Persons here. That the Reason of his asking Plunket for a fictitious Name for Lord Orrery, was that he had occasion to mention to Ellis a Club which Plunket had often told him of; That Plunket once shewed him a List of this Club of his own Hand-writing, which he read over two or three times, but that Plunket talk&rehy;ed so inconsistently of them, that he Layer verily believes it was a mere Fi&rehy;ction of his own, and that there never was any such Club. That he Layer thinks Lord Orrery mentioned to him Lord Strafford, as one of those who, with Lord North, Sir Harry Goring, and others, were (as Lord Orrery was informed) going to do a rash thing in favour of the Pretender; but that he cannot be positive as to Lord Strafford. That he Layer wrote himself to the Pretender, concerning the Difference of Opinion which he observed in Lord North and Lord Orrery about the Means of restoring him and the Necessity there was that the Regent should permit General Dillon to come over here with some foreign Forces. That he also drew up a Scheme of a Lottery to have been opened here in favour of the Pretender, and en&rehy;closed the said Scheme in a Parcel with some Silk Stockings which he sent as a Present to the Pretender and his Spouse, by Andrew Haye, who travelled to Italy with Alderman Barber. That he delivered this Parcel to Haye with his own Hands, who promised to convey it to Ellis, and said he could do it with Safety. That Haye, as he believes, understood the Stockings to be for the Pretender and his Spouse; That he likewise had some Discourse with Haye about getting Copper Plates engraved at Rome in Eng&rehy;lish and Italian for the Tickets of the said Lottery, and desired him to re&rehy;ceive Sir William Ellis's Directions about it, which Haye promised to do. That while he Layer was at Rome, Haye asked him whether he would not see the King, meaning the Pretender; and that the said Haye went fre&rehy;quently to the Pretender's Family in the way of his Business, and was, as he believes, present while the Pretender's and his Spouse's Pictures were drawn.
Haye being examined by the Committee, owned the Receit of the Stockings, but denied their being delivered to him by Layer, or that he knew who they were for. He likewise owned the carrying a Packet to Belloni, the Banker at Rome, which was brought to him by a Porter from Layer, as he supposed.
Layer owns, that Haye told him Belloni was the Pretender's Banker, but denies his sending any such Packet by Haye; and in several other Particu&rehy;lars of their Examinations they contradicted each other.
1. A Scheme of the Lottery above-mentioned (for raising 225,000 Pounds Sterling) having been found among the Papers of Walter Jefferyes, now in Custody, the Lords Committees thought proper to examine him now he came by it; he owned his being acquainted with Layer and Plunket, that he saw Layer about the time of his going abroad, and helped him to a Bill on a Banker at Antwerp; but he denied his knowing from whom he received the said Scheme, or his having had any Conversation with any one about it, and said it might be put into his Hands by Plunket, for ought he knew, but that he was not sure he had ever read it, and if he had known such a Paper had been in his Custody he should have destroyed it.
The Lords Committees being informed that Layer, between the time of his delivering the larger and lesser Bundle of Papers to Mrs. Mason, had deliver'd to her a large Parcel covered with blue Paper and sealed in several Places, and that he did within a few Days after take it back again, telling her he wanted to carry it to Lord North and Grey's, they examined Layer particularly on this head, but he denied that he ever delivered her any such Bundle.
The Lords Committees next proceeded to the Examination of John Plunket, who began with large Protestations of his Innocence, and offered of himself to account for three Facts charged upon him in the Report, and to shew they were great Mistakes. The first was, his receiving a Let&rehy;ter from George Kelly; the second, his receiving the Letter at Antwerp, signed Dixwell; and the third, his receiving the Letter from the Pretender, taken at Mrs. Creagh's. And as in his Examination before the Committee of the House of Commons he had fallen on the Expedient of substitu&rehy;ting Hugh Thomas to personate Rogers, so now they found he had fur&rehy;nished himself with three different Persons, at different Places, all of the Name of Plunket, to whom he would have it believed these Letters were written, without offering any the least Proof or Circumstance of Pro&rehy;bability to shew that such Persons were at all concerned in those Letters, or that there ever were any such Persons in being.
The Letter from George Kelly, he said was not writ to him, but to one Harry Plunket, who delivered it to him at Will's Coffee-House, Covent&rehy;Garden, and that it related to some Money that was to be raised on a Secu&rehy;rity of Mrs. Barnes's.
As to the Letter signed Dixwell, he said, there were two Clergymen of the Church of Rome, one or both of which travelled with him and Layer, from Dover to Antwerp; that one of them went by the Name of Loyd, but his real Name was Plunket. That this Man dropped the Letter signed Dixwell, at a Coffee-House, and he John Plunket taking it up with a design of restoring it to him in Lorrain, (to which place sometimes one and some&rehy;times both of these Clergymen were gone) shewed it to Layer, who took it into his Head that this Letter had been writ to him John Plunket.
The Letter from the Pretender, he said, fell into his Hands much in the same manner; that there is one Father Plunket at Rome, to whom the Pretender always writes when any Body is to be introduced to him. Being asked whether Father Plunket travelled with Layer to Rome, (because mention is made in the Pretender's Letter of a Companion of Plunket's) he said the Pretender always called the Person that was to be introduced by Father Plunket, his Companion. That this Father Plunket happening to shew him this Letter, and commending the Hand , he John Plunket said he had a Friend at Rome, that would be glad to see the Pretender's Hand writing. And Father Plunket having accordingly left the Letter with him, he shewed it to Layer, and forgot to return it to Father Plun&rehy;ket, who never called for it, having fifty more Letters of the same kind by him.
Upon the Lords Committees asking him whether he went by the Name of Rogers, he said he went by several Names in his Travels, that he might not be imposed upon in his Reckonings, as the English generally are. Being asked whether he took the Name of Rogers to prevent his be&rehy;ing thought an Englishman, he said that in Italy he was called Ro&rehy;gieri.
They farther asked him, whether he had dictated any fictitious Names to Layer, or had mentioned any thing to him of a Club; to which he answered, that he had given Layer the fictitious Name of Bedford or Bur&rehy;ford, for Lord Orrery, which Name he had from Neynoe. That one Night being in Company with Layer, and some Clergymen whose Names he has forgot, the Discourse turning on the Protests of the Lords, and the Names that were subscribed to them, one of the Company said, These are a Loyal Club; another said, They are Jacobites; and that he Plunket said there was a Loyal Club of eighty or ninety Lords who would stand in Defence of their Country.
He farther observed to the Committee, that in the Bill now depending before your Lordships, he is not mentioned by the Name by which he was baptized and confirmed; he said his Sirname was Plucknet, but his Christian Name he declined telling; and seemed to place some Hopes and Confi&rehy;dence in this Subterfuge.
The Committee finding him trifle with them in this egregious manner, asked him in general, whether he had ever been in Conference with the Pretender, or had corresponded with him, or any of his Agents; to which he answered in the Negative.
The Committee next sent for George Kelly, who told them that the Af&rehy;fair being soon to be brought before your Lordships, he desired to be excused from answering any Questions; so that they had no Opportunity of examining him as to the new Matters alledged against him in the De&rehy;positions of Mr. Philip Caryll and others.
However they thought it proper to send for the said Mr. Caryll, and to ask him whether he had any thing to add to or retract from his former Accounts. His Depositions being read over to him, he expressed himself very Angry and Uneasy at their being made Publick, and told the Com&rehy;mittee he was not disposed to answer any farther Questions, being sorry for what he had said already; he likewise insinuated, that what he had said had not been taken down exactly as he dictated it, and seemed appre&rehy;hensive that he was called upon to accuse himself of Matters that might be prejudicial to him. But upon the Committee's telling him that the most effectual way he could take to do himself Service, was to make a candid and ingenuous Discovery of the whole Truth, he said he had already given a candid Account, and hoped he should not have been a Sufferer for his Candour. Being asked whether his Depositions had not been read over to him before he signed them, he said they were; but that he was in a great Confusion at the time they were taken: Being then required by the Committee to read them over himself, and to shew in what Particulars they vary from his Sense and Meaning, he grew more composed; and ha&rehy;ving read over the first, dated the 27th of March, said, he believed it was right enough; in reading over the second (dated the 29th of March) he said it was not strictly true that Sir Harry Goring had told him what is there related, concerning an Invasion, Commission, &c. but that it was true, he had heard Sir Harry Goring say so; that as to Lord Lansdown's being to Land in the West, he could not be positive, but he thinks Sir Harry Go&rehy;ring said so; he said, it was but a Supposition of his own, that the Discourse which occasioned the Bishop of Rochester's taking Sir Harry Goring by the Collar, related to the Pretender's Affairs; but that he remembers very well, Sir Harry Goring did affirm, that on his saying the Words there re&rehy;cited, this is Rocking the Cradle indeed) the Bishop did take him by the Collar, and that he, Caryll, did Apprehend the said Discourse to have Relation to the Pretender's Affairs. He said it was about two Years ago that being at Sir Harry Goring's he saw a Letter lye on his Scrutore, directed to Mr. Hore, and upon his asking Sir Harry who the said Letter was for, Sir Harry told him it was writ to himself; he said that the Words in his Deposition which Import, that he, Caryll, had Reason to believe Kelly and Sir Harry Goring were settling together a Key at his House at North, by which they might Correspond, are too strong; for that he, Caryll, did not see any such Key, only it was his Suspicion and Thought at that time that they were framing such a Key.
He likewise said, that what relates to Boyce in the said Deposition is rather stronger than he meant it, for that Boyce only told him he was afraid the Servant he Caryll had sent to him to help off was Sample, alledging this Reason, that he had observed he was disguised, and that he was afraid he was somewhat like the Description given of Sample in the Proclamation. All the other Particulars of his Depositions he averred to be true, but said, he had nothing farther to add, and that he would rather a thousand times die in Newgate, than be an Evidence.
Boyce, being examined by the Committee, owned that Sir Harry Goring went to France in his Yatch, and that a Servant went over with him in a Black Whig, whom he had never seen with Sir Harry Goring before; but he utterly denyed his having conveyed over any Person sent to him by Mr. Caryll, or his having had any Discourse with Caryll about any Per&rehy;son's answering the Description of Sample.
The Committee having summoned before them William Beasing, of Horn Dean, and having read to him his former Depositions, find that he retracts what he had there deposed on Oath, ofCaryll and Sir Harry Gorring's being in Company at his House with the Person who had but one Hand; he says, such a Person was at his House with two other Gentle&rehy;men, but that he now recollects Caryll and Sir Harry Goring were not there at that time. Being asked whether he had received any Letter or Message, since his being in Custody, which had helped to set him right in this Particular, he answered in the Negative.
The Committee observe from the Parts of Mr. Caryll's Depositions which he affirmed, that the Explication given to the Name of Hore, in the Report of the Committee of the House of Commons, as also the De&rehy;cyphering of that part of Kelly's E. 35. Letter which mentions Hore's Com&rehy;mission, and the Conjecture of Goring's having carried over a new Cypher from Kelly to France, are very much confirmed. They likewise ob&rehy;serve that what is said in Glascock's E. 79. Letter to Kelley of the 20/31 of October, concerning the Arrival of the little French Merchant, mentioned by Kel&rehy;ly, and the Precaution they intend to use in relation to him till some other appears with whom they may talk of Business more to the Purpose, has probably relation to Sample's being got safe to France. And the Letters signed Fra. Phillips, which Caryll owns he received from Kelly, not not only confirms Kelly's writing by fictitious Names, but is a strong Argument of his being the Person that writ the E. 75. Letter to Bonnaville of the 27th of September, and consequently the other Letters charged upon him, in the Report. For as in his Letter to Caryll, he says: "I have never heard a Syllable from your other Lawyer, (Sir Harry Goring) since you and I were with him, which you'll say is pretty surprizing and am afraid very Detrimental
. &horfill; so in that to Bonnaville (writ within five Days of the other) he says, I have not heard a Syllable from D. Gainer, or G. Roberts, since Mr. G. Sampson went, which has been a great Surprize, and I may say no small Detriment, to some of their Friends."
This Identity of Expression, in two Letters writ so near the same time, appears to be a farther Confirmation that the same Person writ them both, and confirms G. Sampson to be the same with the other Lawyer, which Caryll has explained to mean Sir Harry Goring.
The Lords Committees also find in the Papers referred to them new Evi&rehy;dence of Kelly's visiting, writing to and receiving Letters from the Bishop of Rochester, as appears by 13,14. Affidavits from the Persons who carryed Kelly to the Bishop's House, and who also delivered Letters from him to the Bishop, and brought back the Bishop's Answers; and Mrs. Levett 11. deposes on Oath, that Mrs. Barnes has told her Kelly received in one Day as many Letters from abroad as came to fourteen or fifteen Shillings, the Directions of which she Barnes saw, but they were in such odd fictitious Names, as no one could find out but Kelly, who had the Key; that among these Letters there was one for the Bishop of Rochester, (as Kelly told her) which he was at that time, gone to deliver to the Bishop. And John Malone 12. deposes, that among the Letters which he carryed from Kelly to the Post, there were some directed to Waters the Banker at Paris, under whose Cover it appears that most of the Treasonable Letters were sent, and the original E. 21. Letter in Kelly's own Hand stopt at the Post-Office was inclosed in a Cover so directed. Mrs. Levett farther 11. deposes, that Mrs. Barnes told her, under Secrecy, that the Dog sent from France was a Present from the late Lord Marr, to the Bishop of Rochester's Lady; which is in some mea&rehy;sure confirmed by the Draught of the Affidavit prepared for Birming&rehy;ham at Paris, in which he is desired to swear that Lord Marr knew nothing of any such Dog; and though this Affidavit does not appear to have been sent over by Kelly directly, yet express Mention is made in the Letter to Gordon, that the said Affidavit is the Copy of a Note from the Person concerned, with the Substance of what he thinks requisite. This Circumstance of the Dog's having been sent by the late Lord Marr, which is not expresly alledged in any part of the Report of the Com&rehy;mittee of the House of Commons, is a new Confirmation that the E. 32. Letter signed 918, which mentions the sending the Dog, is from Marr; and that Musgrave, to whom the Receipt of the Dog is acknowledged in E. 35,42. two several Letters, is likewise a Name denoting Marr, agreeably to what is asserted in the said Report.
The Committee find by 15,16. two Affidavits referred to them, that George Kelly, the last time he was taken into Custody, offered the Woman of the House a Gold Watch, forty Guineas in Money, and a Note for forty Pounds more, to let him escape.
The Committee have laid the Substance of these several Examinations together, as having some Reference to George Kelly.
They likewise examined Mr. Dennis Kelly, who utterly denied his be&rehy;ing advised with, or knowing any thing relating to any Conspiracy. Se&rehy;veral Papers found in his Custody being shewn to him, he denied his having ever seen them before, except when some of them were shewn to him at former Examinations.
They next sent for Captain Pancier, and having ordered his D. 1,2. former De&rehy;positions to be read to him, ask'd him whether he had any thing to Add, or Retract; he affirmed every Part thereof to be true, and said he had only this farther Particular to add, That having lately seen George Kelly, as he was brought down to the House of Commons, he recollects that he has of&rehy;ten seen him at the Gaming-Tables with Skeene, and that Skeene and the said Kelly were intimately accquainted, as he is able to prove by several Wit&rehy;nesses of Credit. Skeene being call'd in, and having heard Pancier's Depositi&rehy;ons read over to him, own'd, That he was acquainted with Pancier, and had been in Company with him at several of the Times and Places menti&rehy;on'd in the said Depositions; That he was taken Prisoner in the Preston Rebellion, but is not related to Marr, nor has ever seen Mackintosh since he parted from him at High-gate: He own'd he had had general Discourse with Pancier relating to a Plot, and that Pancier had ask'd him several Questi&rehy;ons about it, to some of which he (Skeene) assented, and to others not; but he deny'd his having told Pancier any farther Particulars than were in the News Papers, or in the Current Report of the Town. As for Instance, when Pancier asked him where the late Duke of Ormond was, he told him the News-Papers said he was at Corunna; but he positively de&rehy;nied his having ever mentioned to Pancier any Particular Persons as con&rehy;cerned in the Conspiracy, or any of the Particular Facts specified in his Depositions.
He farther said, he had reason to believe that Pancier had sent to him since his being in Custody, to advise him to make his Escape, for that one Gerrard Fitzgerald having been walking with Pancier in the Park, came di&rehy;rectly from thence to him, Skeene, at the Messenger's House, and advised him to make his Escape; tho' he owned that Fitzgerald made no mention of Pancier's having sent him any such Advice.
Fitzgerald being sent for by the Committee, owned he had been to see Skeene, and finding no body at that time in the House but a Woman, told Skeene it would be an easy Matter for him to escape; but he cleared Pan&rehy;cier from having sent any such Intimation or Advice. He farther said, that Skeene told him he did not know but he might have talk'd foolishly to Pancier, but that if he had, Pancier was but a single Evidence, or to that effect.
The Committee find, among the Papers referred to them, a 7. Copy of the Orders which Arnold received from the Owners of the Ship Phineas, requiring him to follow the Directions of Roger Nowell (Halstead) during the Voyage; as also an 8. Affidavit, by which it appears, That the said Halstead was to visit the Bishop of Rochester, and staid an Hour at his House, a few Days before his setting out for Bilboa.
They also find a very remarkable 6. Letter to one of the Secretaries of State, by an unknown Hand, dated the 12th of February, 1721-22, and inclosed in 5. one, dated the 31st of March; which first appears to be the Letter referred to in E. 9. one of Neynoe's Examinations, as drawn up by Kelly and himself, and brought back to him corrected, as he believ'd, by the Bishop of Rochester.
They likewise find a 2. Paper taken in Lord North and Grey's Study at Catlige, which contains several very extraordinary Reasonings on the Nature of Oaths; tending to prove, That the Oaths to the present Government are not Obligatory, and that tho' the taking such Oaths is in its self un&rehy;lawful, and a grievous Sin, as being inconsistent with Prior Oaths, or Obligations, yet neither the taking nor breaking them can in strictness fall un&rehy;der the Denomination of Perjury.
This is the Substance of what the Committee have been able to collect from a careful Perusal of the Papers referred to them and a long Exami&rehy;nation of several of the Persons concerned, in some of whose Power they have Reason to believe it was to have made ample Discoveries, if they had been disposed to speak the Truth.
And tho' the Lords Committees cannot reflect, without Pity and Com&rehy;passion, on the misguided Zeal, and wretched Infatuation of those Men, who rather chuse to expose themselves to the greatest Dangers, than to discover the Authors or Accomplices of their Treasons; thereby declaring to the World, that the Leagues and Confederacies of private Villany are dearer and more sacred to them than the strongest Tyes and Obligations of Society; yet the Committee make no doubt but the Matters contained in the Report referred to them, and corroberated by the Result of their pre&rehy;sent Enquiry, will appear to your Lordships so clearly made out, that the Conspirators, sooner or later, will have leisure to repent of the rash and impious Choice they have made, of being rather true to one another, than to God, their Consciences, and their Country.
FINIS.