<P_2,174>

And when he was bid describe the room , it proved to be one of the
public rooms of that court , which are so great , that the queen , who
was a woman of a low voice , could not be heard over it , unless she
had strained for it . (BURNETCHA-E3-P2,2,174.2)

Oates , to excuse his saying that he could not lay any thing to the
charge of any beside those he had already named , pretended he thought
then it was not lawful to accuse the queen : (BURNETCHA-E3-P2,2,174.3)

but this did not satisfy people . (BURNETCHA-E3-P2,2,174.4)

Bedloe , to support this , swore that being once in the chapel at
Somerset house , he saw the queen , the duke , and some others , very
earnest in discourse in the closet above , and that one came down with
much joy , and said the queen had yielded at last ; and that one
explained this to him beyond sea , and said it was to kill the king .
(BURNETCHA-E3-P2,2,174.5)

And , besides Bedloe's oath that he saw Godfrey's body in Somerset
house , it was remembered that at that time the queen was for some days
in so close a retirement that no person was admitted .
(BURNETCHA-E3-P2,2,174.6)

Prince Robert came then to wait on her , (BURNETCHA-E3-P2,2,174.7)

but was denied access . (BURNETCHA-E3-P2,2,174.8)

This raised a strange suspicion of her : (BURNETCHA-E3-P2,2,174.9)

but the king would not suffer that matter to go any further .
(BURNETCHA-E3-P2,2,174.10)

<P_2,175>

While the examinations were going on , and preparation was making for
the trial of the prisoners , a bill was brought into the house of
commons , requiring all members of either house , and all such as might
come into the king's court or presence , to take a test against popery
; in which not only transubstantiation was renounced , but the worship
of the Virgin Mary and the saints , as it was practised in the church
of Rome , was declared to be idolatrous . (BURNETCHA-E3-P2,2,175.12)

This passed in the house of commons without any difficulty .
(BURNETCHA-E3-P2,2,175.13)

But in the house of lords , Gunning , bishop of Ely , maintained that
the church of Rome was not idolatrous : (BURNETCHA-E3-P2,2,175.14)

and he was answered by Barlow , bishop of Lincoln .
(BURNETCHA-E3-P2,2,175.15)

The lords did not much mind Gunning's arguments ,
(BURNETCHA-E3-P2,2,175.16)

but passed the bill : (BURNETCHA-E3-P2,2,175.17)

and though Gunning had said that he could not take that test with a
good conscience , yet as soon as the bill was passed he took it in the
crowd with the rest . (BURNETCHA-E3-P2,2,175.18)

The duke <P_2,176> got a proviso to be put in it for excepting himself
. (BURNETCHA-E3-P2,2,176.19)

He spoke upon that occasion with great earnestness , and with tears in
his eyes . (BURNETCHA-E3-P2,2,176.20)

He said he was now to cast himself upon their favour in the greatest
concern he could have in this world . (BURNETCHA-E3-P2,2,176.21)

He spoke much of his duty to the king , and of his zeal for the nation
: (BURNETCHA-E3-P2,2,176.22)

and solemnly protested that whatever his religion might be , that
should only be a private thing between God and his own soul , and that
no effect of it should ever appear in the government .
(BURNETCHA-E3-P2,2,176.23)

The proviso was carried for him by a few voices :
(BURNETCHA-E3-P2,2,176.24)

and , contrary to all men's expectations , it passed in the house of
commons . (BURNETCHA-E3-P2,2,176.25)

There was also a proviso put in excepting nine ladies about the queen :
(BURNETCHA-E3-P2,2,176.26)

and she said she would have all the ladies of that religion cast lots
who should be comprehended , (BURNETCHA-E3-P2,2,176.27)

only she named Portsmouth , as one whom she would not expose to the
uncertainty of a lot ; which was not thought very decent in her , if
her circumstances at that time had not required an extraordinary
submission to the king in every thing . (BURNETCHA-E3-P2,2,176.28)

Coleman was brought to his trial . (BURNETCHA-E3-P2,2,176.29)

Oates and Bedloe swore flatly against him as was mentioned before .
(BURNETCHA-E3-P2,2,176.30)

He denied that he had ever seen either the one or the other of
<P_2,177> them in his whole life : (BURNETCHA-E3-P2,2,177.31)

and defended himself by Oates's not knowing him when they were first
confronted , nor objecting those matters to him for a great while after
. (BURNETCHA-E3-P2,2,177.32)

He also pressed Oates to name the day in August in which he had sent
the fourscore guineas to the four ruffians . (BURNETCHA-E3-P2,2,177.33)

But Oates would fix on no day , though he was very punctual in matters
of less moment . (BURNETCHA-E3-P2,2,177.34)

Coleman had been out of town almost that whole month ,
(BURNETCHA-E3-P2,2,177.35)

but no day being named , that served him in no stead .
(BURNETCHA-E3-P2,2,177.36)

He urged the improbability of his talking to two such men , whom he had
by their own confession never seen before . (BURNETCHA-E3-P2,2,177.37)

But they said he was told that they were trusted with the whole secret
. (BURNETCHA-E3-P2,2,177.38)

His letters to P. la Chaise was the heaviest part of the evidence .
(BURNETCHA-E3-P2,2,177.39)

He did not deny that there were many impertinent things in his letters
: (BURNETCHA-E3-P2,2,177.40)

but said he intended nothing in them but the king's service and the
duke's . (BURNETCHA-E3-P2,2,177.41)

He never intended to bring in the catholic religion by rebellion or by
blood , but only by a toleration : (BURNETCHA-E3-P2,2,177.42)

that by the aid that was prayed from France , was only meant the
assistance of money , and the interposition of that court .

After a long trial he was convict : and sentence passed upon him to die
as a traitor . (BURNETCHA-E3-P2,2,177.44)

He continued to his last breath denying every tittle of that which the
witnesses had sworn against him . (BURNETCHA-E3-P2,2,177.45)

Many were sent from both houses , offering to interpose for his pardon
if he would confess . (BURNETCHA-E3-P2,2,177.46)

He still protested his innocence , and that he knew nothing but in the
way of negotiation . (BURNETCHA-E3-P2,2,177.47)

A committee of the house of commons was sent to examine him .
(BURNETCHA-E3-P2,2,177.48)

He behaved himself very modestly before them .
(BURNETCHA-E3-P2,2,177.49)

He asserted his own innocence , (BURNETCHA-E3-P2,2,177.50)

and took great care to vindicate the duke . (BURNETCHA-E3-P2,2,177.51)

He said his own heat might make him too forward ,
(BURNETCHA-E3-P2,2,177.52)

for , being persuaded of the truth of his religion , he could not but
wish that all others were not only almost but altogether such as he was
, except in that chain ; (BURNETCHA-E3-P2,2,177.53)

for he was then in irons . (BURNETCHA-E3-P2,2,177.54)

He confessed he had mixed too much of interest for raising himself in
all he did : and that he had received guineas from the French
ambassador to gain <P_2,178> some friends to his master , but that he
had kept them to himself . (BURNETCHA-E3-P2,2,178.55)

He had acted by order in all that he had done ,
(BURNETCHA-E3-P2,2,178.56)

and he believed the king knew of his employment , particularly that at
Brussels : (BURNETCHA-E3-P2,2,178.57)

but though he seemed willing to be questioned concerning the king , the
commons did not think fit to do it , nor to report what he said
concerning it : (BURNETCHA-E3-P2,2,178.58)

only in general they reported that he spoke of another thing , about
which they did not think fit to interrogate him , nor to mention it .
(BURNETCHA-E3-P2,2,178.59)

Littleton was one of the committee , (BURNETCHA-E3-P2,2,178.60)

and gave me an account of all that passed that very night :
(BURNETCHA-E3-P2,2,178.61)

and I found his behaviour made great impression on them all .
(BURNETCHA-E3-P2,2,178.62)

He suffered with much composedness and devotion ,
(BURNETCHA-E3-P2,2,178.63)

and died much better than he had lived . (BURNETCHA-E3-P2,2,178.64)

It was given out at that time , to make the duke more odious , that
Coleman was kept up from making confessions , by the hopes the duke
sent him of a pardon at Tyburn : (BURNETCHA-E3-P2,2,178.65)

but he could not be so ignorant , as not to know that at that time it
was not in the king's power to pardon him , while the tide went so high
. (BURNETCHA-E3-P2,2,178.66)

The nation was now so much alarmed , that all people were furnishing
themselves with arms , which heightened the jealousy of the court .
(BURNETCHA-E3-P2,2,178.67)

A bill passed in both houses for raising all the militia , and for
their keeping together for six weeks , a third part , if I remember
right , being to serve a fortnight , and so round .
(BURNETCHA-E3-P2,2,178.68)

I found some of them hoped , when that bill passed into a law , they
would be more masters , and that the militia would not separate till
all the demands of the two houses should be granted .
(BURNETCHA-E3-P2,2,178.69)

I gave the king notice of the consequence of that bill , and of the
effects it might have . (BURNETCHA-E3-P2,2,178.70)

He rejected the bill when offered to him for his assent ,
(BURNETCHA-E3-P2,2,178.71)

and thanked me for the advice I sent him . (BURNETCHA-E3-P2,2,178.72)

I waited often on him all the month of December .
(BURNETCHA-E3-P2,2,178.73)

<P_2,179>

He came to me to Chiffinch's , a page of the back stairs ,
(BURNETCHA-E3-P2,2,179.75)

and kept the time he assigned me to a minute .
(BURNETCHA-E3-P2,2,179.76)

He was alone , (BURNETCHA-E3-P2,2,179.77)

and talked much and very freely with me . (BURNETCHA-E3-P2,2,179.78)

We agreed in one thing , that the greatest part of the evidence was a
contrivance . (BURNETCHA-E3-P2,2,179.79)

But he suspected some had set on Oates , and instructed him , and named
the earl of Shaftesbury . (BURNETCHA-E3-P2,2,179.80)

I was of another mind . (BURNETCHA-E3-P2,2,179.81)

I thought the many gross things in his narrative shewed there was no
abler head than Oates or Tonge in the framing it ,
(BURNETCHA-E3-P2,2,179.82)

and Oates in his first story had covered the duke and the ministers so
much , that from thence it seemed clear that lord Shaftesbury had no
hand in it , who hated them much more than he did popery .
(BURNETCHA-E3-P2,2,179.83)

He fancied there was a design of a rebellion on foot .
(BURNETCHA-E3-P2,2,179.84)

I assured him I saw no appearances of it . (BURNETCHA-E3-P2,2,179.85)

I told him there was a report breaking out , that he intended to
legitimate the duke of Monmouth . (BURNETCHA-E3-P2,2,179.86)

He answered quick , that , as well as he loved him , he had rather see
him hanged : (BURNETCHA-E3-P2,2,179.87)

yet he apprehended a rebellion so much , that he seemed not ill pleased
that the party should flatter themselves with that imagination , hoping
that would keep them quiet and in a dependance upon himself :
(BURNETCHA-E3-P2,2,179.88)

and he suffered the duke of Monmouth to use all methods to make himself
popular , reckoning that he should keep him in his own management .
(BURNETCHA-E3-P2,2,179.89)

He was surprised when I told him that Coleman had insinuated that he
knew of all their foreign negotiations , (BURNETCHA-E3-P2,2,179.90)

or at least he seemed so to me . (BURNETCHA-E3-P2,2,179.91)

I pressed him much to oblige the duke to enter into conferences with
some of our divines , and to be present at them himself .
(BURNETCHA-E3-P2,2,179.92)

This would very much clear him of jealousy , (BURNETCHA-E3-P2,2,179.93)

and might have a good effect on his brother :
(BURNETCHA-E3-P2,2,179.94)

at least it would give <P_2,180> the world some hopes , as Henry IV of
France , his grandfather , did , which kept a party firm to him for
some years before he changed . (BURNETCHA-E3-P2,2,180.95)

He answered that his brother had neither Henry $IV $'s {TEXT:IV's}
understanding nor his conscience : (BURNETCHA-E3-P2,2,180.96)

for he believed that king was always indifferent as to those matters .
(BURNETCHA-E3-P2,2,180.97)

He would not hearken to this , which made me inclined to believe a
report I had heard , that the duke had got a solemn promise of the king
that he would never speak to him of religion .
(BURNETCHA-E3-P2,2,180.98)

The king spoke much to me concerning Oates's accusing the queen , with
the whole progress of it . (BURNETCHA-E3-P2,2,180.99)

He said she was a weak woman , and had some disagreeable humours ; but
was not capable of a wicked thing : (BURNETCHA-E3-P2,2,180.100)

and considering his faultiness towards her in other things , he thought
it a horrid thing to abandon her . (BURNETCHA-E3-P2,2,180.101)

He said he looked on falsehood and cruelty as the greatest of crimes in
the sight of God . (BURNETCHA-E3-P2,2,180.102)

He knew he had led a bad life , of which he spoke with some sense ,
(BURNETCHA-E3-P2,2,180.103)

but he was breaking himself of all his faults ,
(BURNETCHA-E3-P2,2,180.104)

and he would never do a base and a wicked thing .
(BURNETCHA-E3-P2,2,180.105)

I spoke on all these subjects what I thought became me , which he took
well : (BURNETCHA-E3-P2,2,180.106)

and I encouraged him much in his resolution of not exposing the queen
to perish by false swearing . (BURNETCHA-E3-P2,2,180.107)

I told him there was no possibility of laying the heat that was now
raised , but by changing his ministry : (BURNETCHA-E3-P2,2,180.108)

and told him how odious the earl of Danby was , and that there was a
design against him , but I knew not particulars .
(BURNETCHA-E3-P2,2,180.109)

He said he knew that lay at bottom . (BURNETCHA-E3-P2,2,180.110)

The army was not yet disbanded , (BURNETCHA-E3-P2,2,180.111)

and the king was in great straits for money .
(BURNETCHA-E3-P2,2,180.112)

The house of commons gave a money bill for this :
(BURNETCHA-E3-P2,2,180.113)

yet they would not trust the court with the disbanding the army :
(BURNETCHA-E3-P2,2,180.114)

but ordered the money to be brought into the chamber of London ,
(BURNETCHA-E3-P2,2,180.115)

<P_2,181>

and named a committee for paying off and breaking the army .
(BURNETCHA-E3-P2,2,181.117)

I perceived the king thought I was reserved to him , because I would
tell him no particular stories , nor name persons . Upon which I told
him , since he had that opinion of me , I saw I could do him no service
, and would trouble him no more ; but he should certainly hear from me
, if I came to know any thing that might be of any consequence to his
person or government . (BURNETCHA-E3-P2,2,181.118)

This favour of mine lasted all the month of December 78 .
(BURNETCHA-E3-P2,2,181.119)

I acquainted him with Carstares's practice against duke Lauderdale ,
and all that I knew of that matter , which was the ground on which I
had gone with relation to Staley . (BURNETCHA-E3-P2,2,181.120)

The king told duke Lauderdale of it , without naming me ;
(BURNETCHA-E3-P2,2,181.121)

and he sent for Carstares , (BURNETCHA-E3-P2,2,181.122)

and charged him with it . (BURNETCHA-E3-P2,2,181.123)

Carstares denied all , (BURNETCHA-E3-P2,2,181.124)

but said that duke Hamilton and lord Kincardine had pressed him to it :
(BURNETCHA-E3-P2,2,181.125)

and he went to the king , (BURNETCHA-E3-P2,2,181.126)

and affirmed it confidently to him . (BURNETCHA-E3-P2,2,181.127)

He did not name lord Athol , hoping that he would be gentle to him for
that reason . (BURNETCHA-E3-P2,2,181.128)

The king spoke of this to duke Hamilton , who told him the whole story
as I had done . (BURNETCHA-E3-P2,2,181.129)

Lord Athol upon that sent for Carstares , (BURNETCHA-E3-P2,2,181.130)

and charged him with all this foul dealing ,
(BURNETCHA-E3-P2,2,181.131)

and drew him near a closet , where he had put two witnesses .
(BURNETCHA-E3-P2,2,181.132)

Carstares said somebody had discovered the matter to duke Lauderdale :
that he was now upon the point of making his fortune , and that if duke
Lauderdale grew to be his enemy , he was undone .
(BURNETCHA-E3-P2,2,181.133)

He confessed he had charged duke Hamilton and lord Kincardine falsely ,
but he had no other way to save himself . (BURNETCHA-E3-P2,2,181.134)

After the marquis of Athol had thus drawn every thing from him , he
went to the king with his two witnesses , and the paper that Carstares
had formerly put in his hand . (BURNETCHA-E3-P2,2,181.135)

Carstares was then with the king , (BURNETCHA-E3-P2,2,181.136)

and was , with many imprecations , justifying his charge against the
two lords : (BURNETCHA-E3-P2,2,181.137)

but he was confounded when he saw lord Athol ,
(BURNETCHA-E3-P2,2,181.138)

and upon that his villainy appeared so evidently , that the part I had
acted in that matter was now well understood and approved of .
(BURNETCHA-E3-P2,2,181.139)

Carstares died not long after under great horror ,
(BURNETCHA-E3-P2,2,181.140)

and <P_2,182> ordered himself to be cast into some ditch as a dog ;
(BURNETCHA-E3-P2,2,182.141)

for he said he was no better . (BURNETCHA-E3-P2,2,182.142)

But I could never hear what he said of Staley's business .
(BURNETCHA-E3-P2,2,182.143)

While all matters were in this confusion , a new incident happened that
embroiled them yet more . (BURNETCHA-E3-P2,2,182.144)

The earl of Danby had broke with Montagu , (BURNETCHA-E3-P2,2,182.145)

but he knew what letters he had writ to him , and with what secrets he
had trusted him . (BURNETCHA-E3-P2,2,182.146)

He apprehended Montagu might accuse him : (BURNETCHA-E3-P2,2,182.147)

so he resolved to prevent him . (BURNETCHA-E3-P2,2,182.148)

Jenkins , who was then at Nimeguen , writ over , according to a
direction sent him , as was believed , that he understood Montagu had
been in a secret correspondence and in dangerous practices with the
pope's nuncio at Paris . (BURNETCHA-E3-P2,2,182.149)

This was meant of one Con , whom I knew well , who had been long in
Rome : (BURNETCHA-E3-P2,2,182.150)

and most of the letters between England and Rome passed through his
hands . (BURNETCHA-E3-P2,2,182.151)

He was a crafty man , (BURNETCHA-E3-P2,2,182.152)

but knew news well , (BURNETCHA-E3-P2,2,182.153)

and loved money . (BURNETCHA-E3-P2,2,182.154)

So Montagu made use of him , (BURNETCHA-E3-P2,2,182.155)

and gave him money for such secrets as he could draw from him .
(BURNETCHA-E3-P2,2,182.156)

Upon Jenkins's letter , the king sent a message to the house of commons
, letting them know that he was resolved to bring Montagu to a trial ,
for being a confederate with Rome , and in the plot to bring in popery
. (BURNETCHA-E3-P2,2,182.157)

And at the same time he sent to secure his cabinets and papers : a
device of lord Danby's to find his own letters and destroy them , and
then to let the prosecution fall : (BURNETCHA-E3-P2,2,182.158)

for they knew they had nothing against Montagu .
(BURNETCHA-E3-P2,2,182.159)

But he understood the arts of a court too well to be easily catched ;
(BURNETCHA-E3-P2,2,182.160)

and had <P_2,183> put a box in which those letters were in sure hands
out of the way . (BURNETCHA-E3-P2,2,183.161)

A great debate rose upon this matter in the house of commons .
(BURNETCHA-E3-P2,2,183.162)

It was thought a high breach of privilege to seize on the papers of a
member of their house when there was nothing of treason swore against
him . (BURNETCHA-E3-P2,2,183.163)

After some hours spent in the debate , during which Montagu sat silent
very long , at last , when the box was brought to him from the person
to whom he had trusted it , he opened it , (BURNETCHA-E3-P2,2,183.164)

and took out two of lord Danby's letters , that contained instructions
for him to treat with the king of France for <font> l. </font> a year
for three years , if a peace succeeded , since it would not be
convenient for the king to meet a parliament in all that time ,
(BURNETCHA-E3-P2,2,183.165)

and he was charged to mention no part of this to the secretary .
(BURNETCHA-E3-P2,2,183.166)

Winnington , who from small beginnings , and with as small a proportion
of learning in his profession , in which he was rather bold and ready
than able , was now come to be solicitor general , fell severely upon
those letters . (BURNETCHA-E3-P2,2,183.167)

He said , here was a minister who , <P_2,184> going out of the affairs
of his own province , was directing the king's ambassadors and
excluding the secretary of state , whose office that was , from the
knowledge of it : (BURNETCHA-E3-P2,2,184.168)

here was the faith of England to our allies , and our own interest
likewise , set to sale for French money , (BURNETCHA-E3-P2,2,184.169)

and that to keep off a session of parliament .
(BURNETCHA-E3-P2,2,184.170)

This was a design to sell the nation , and to subvert the government :
(BURNETCHA-E3-P2,2,184.171)

and he concluded that was high treason : upon which he moved that lord
Danby should be impeached of high treason . (BURNETCHA-E3-P2,2,184.172)

The earl of Danby's party was much confounded :
(BURNETCHA-E3-P2,2,184.173)

they could neither deny nor justify his letters ,
(BURNETCHA-E3-P2,2,184.174)

but they argued that they could not be high treason , since no such
fact was comprehended in any of the statutes of treason .
(BURNETCHA-E3-P2,2,184.175)

The letters seemed to be writ by the king's order , who certainly might
appoint any person he pleased to send his orders to his ministers
abroad . (BURNETCHA-E3-P2,2,184.176)

They reflected on the business of the earl of Strafford , and on
constructive treason , which was a device to condemn a man for a fact
against which no law did lie . (BURNETCHA-E3-P2,2,184.177)

Maynard , an ancient and eminent lawyer , explained the words of the
statute of 25 Edward III that the courts of law could only proceed upon
one of the crimes there enumerated . (BURNETCHA-E3-P2,2,184.178)

But the parliament had still a power by the clause in that act to
declare what they thought was treason : (BURNETCHA-E3-P2,2,184.179)

so an act passed declaring poisoning treason , in king Henry $VIII $'s
{TEXT:VIII's} time : (BURNETCHA-E3-P2,2,184.180)

and as by the statute it was only-2 treason to conspire against the
prince of Wales , yet if one should conspire against the whole royal
family , when there was no prince of Wales , they would without doubt
declare that to be high treason . (BURNETCHA-E3-P2,2,184.181)

After a long debate it was voted by a majority of above seventy voices
, that lord Danby should be impeached <P_2,185> of high treason ,
(BURNETCHA-E3-P2,2,185.182)

and the impeachment was next day carried up to the lords .
(BURNETCHA-E3-P2,2,185.183)

The earl of Danby justified himself , that he had served the king
faithfully , and according to his own orders .
(BURNETCHA-E3-P2,2,185.184)

And he produced some of Montagu's letters , to shew that at the court
of France he was looked on as an enemy to their interest .
(BURNETCHA-E3-P2,2,185.185)

He said they knew him well that judged so of him ;
(BURNETCHA-E3-P2,2,185.186)

for he was indeed an enemy to it , (BURNETCHA-E3-P2,2,185.187)

and among other reasons he gave this for one , that he knew the French
king held both the king's person and government under the last degree
of contempt . (BURNETCHA-E3-P2,2,185.188)

These words were thought very strange with relation to both kings .
(BURNETCHA-E3-P2,2,185.189)

A great debate arose in the house of lords concerning the impeachment ;
whether it ought to be received as an impeachment of high treason ,
only because the commons added the word high treason in it .
(BURNETCHA-E3-P2,2,185.190)

It was said , the utmost could be made of it was to suppose it true :
(BURNETCHA-E3-P2,2,185.191)

but even in that case they must needs say plainly , that was not within
the statute . (BURNETCHA-E3-P2,2,185.192)

To this it was answered , that the house of commons that brought up the
impeachment were to be heard to two points :
(BURNETCHA-E3-P2,2,185.193)

the one was , to the nature of the crime : (BURNETCHA-E3-P2,2,185.194)

the other was , to the trial of it . (BURNETCHA-E3-P2,2,185.195)

But the lords could not take upon them to judge of either of these ,
till they heard what the commons could offer to support the charge .
(BURNETCHA-E3-P2,2,185.196)

They were bound therefore to receive the charge , and to proceed
according to the rules of parliament , which <P_2,186> was to commit
the person so impeached , and then give a short day for his trial :
(BURNETCHA-E3-P2,2,186.197)

so it would be soon over if the commons could not prove the matter
charged to be high treason . (BURNETCHA-E3-P2,2,186.198)

The debate went on with great heat on both sides :
(BURNETCHA-E3-P2,2,186.199)

but the majority was against the commitment .
(BURNETCHA-E3-P2,2,186.200)

Upon this it was visible the commons would have complained that the
lords denied them justice : (BURNETCHA-E3-P2,2,186.201)

so there was no hope of making up the matter ,
(BURNETCHA-E3-P2,2,186.202)

and upon that the parliament was prorogued .
(BURNETCHA-E3-P2,2,186.203)

This was variously censured . (BURNETCHA-E3-P2,2,186.204)

The court condemned Montagu for revealing the king's secrets .
(BURNETCHA-E3-P2,2,186.205)

Others said , that since lord Danby began to fall on him it was
reasonable and natural for him to defend himself .
(BURNETCHA-E3-P2,2,186.206)

The letters did cast a very great blemish not only on lord Danby but on
the king , who , after he had entered into alliances , and had received
great supplies from his people to carry on a war , was thus treating
with France for money , which could not be asked or obtained from
France on any other account , but that of making the confederates
accept of lower terms than otherwise they would have stood on ; which
was indeed the selling of the allies and of the public faith .
(BURNETCHA-E3-P2,2,186.207)

All that the court said in excuse for this was , that since the king
saw a peace was resolved on , after he had put himself to so great a
charge to prepare for war , it was reasonable for him to seek to be
reimbursed as much as could be from France .
(BURNETCHA-E3-P2,2,186.208)

This was ordinary in all treaties , where the prince that desired a
peace was made to buy it . (BURNETCHA-E3-P2,2,186.209)

This indeed would have justified the king , if it had been demanded
above board : (BURNETCHA-E3-P2,2,186.210)

but such underhand dealing was mean and <P_2,187> dishonourable :
(BURNETCHA-E3-P2,2,187.211)

and it was said , that the States went in to the peace with such
unreasonable earnestness upon the knowledge , or at least the suspicion
, that they had of such practices . (BURNETCHA-E3-P2,2,187.212)

This gave a new wound to the king's credit abroad ,
(BURNETCHA-E3-P2,2,187.213)

or rather it opened the old one : (BURNETCHA-E3-P2,2,187.214)

for indeed after our breaking both the treaty of Breda and the triple
alliance , we had not much credit to lose abroad .
(BURNETCHA-E3-P2,2,187.215)

None gained so much by this discovery as secretary Coventry ; since it
now appeared that he was not trusted with those ill practices .
(BURNETCHA-E3-P2,2,187.216)

He had been severely fallen on for the famed saying of the murder of
forty men . (BURNETCHA-E3-P2,2,187.217)

Birch aggravated the matter heavily , (BURNETCHA-E3-P2,2,187.218)

and said it seemed he thought the murder of forty men a very small
matter , since he would rather be guilty of it than oppose an alliance
made upon such treacherous views . (BURNETCHA-E3-P2,2,187.219)

Coventry answered , that he always spoke to them sincerely , and as he
thought ; and that if an angel from heaven should come and say
otherwise , <paren> at this they were very attentive , to see how he
could close a period so strangely begun , </paren> he was sure he
should never get back to heaven again , but should be a fallen and a
lying angel . (BURNETCHA-E3-P2,2,187.220)

Now the matter was well understood , (BURNETCHA-E3-P2,2,187.221)

and his credit was set on a sure foot . (BURNETCHA-E3-P2,2,187.222)

After the prorogation , the earl of Danby saw the king's affairs and
the state of the nation required a speedy session .
(BURNETCHA-E3-P2,2,187.223)

He saw little hope of recovering himself with that parliament , whence
so great a majority was already so deeply engaged :
(BURNETCHA-E3-P2,2,187.224)

so he entered into a treaty with some of the country party for a new
parliament . (BURNETCHA-E3-P2,2,187.225)

He also undertook to get the duke to be sent out of the way against the
time of its meeting . (BURNETCHA-E3-P2,2,187.226)

Lord Holles , Littleton , Boscawen , and Hampden were spoke to .
(BURNETCHA-E3-P2,2,187.227)

They were all so apprehensive of the continuance of that parliament ,
and that another set of ministers would be able to manage them as the
court pleased , that they did undertake to save him , if he could
<P_2,188> bring these things about ; (BURNETCHA-E3-P2,2,188.228)

but it was understood that he must quit his post , and withdraw from
affairs . Upon which they promised their assistance to carry off his
impeachment with a mild censure . (BURNETCHA-E3-P2,2,188.229)

The duke went into the advice of a dissolution upon other grounds .
(BURNETCHA-E3-P2,2,188.230)

He thought the house of commons had engaged with so much heat in the
matter of the plot , that they could never be brought off , or be made
more gentle in the matter of religion . (BURNETCHA-E3-P2,2,188.231)

He thought a new parliament would act in a milder strain , and not fly
so high ; or that they would give no money , and so the king and they
would break : (BURNETCHA-E3-P2,2,188.232)

for he dreaded nothing so much as the bargains that were made with the
present parliament , in which popery was always to be the sacrifice .
(BURNETCHA-E3-P2,2,188.233)

Thus both the duke and lord Danby joined in advising a dissolution ,
which was not resolved on till the January following .
(BURNETCHA-E3-P2,2,188.234)

In December , Ireland , Whitebread , and Fenwick , three Jesuits , and
Grove and Pickering , two of the servants in the queen's chapel , were
brought to their trial . (BURNETCHA-E3-P2,2,188.235)

Oates and Bedloe swore home against Ireland , that in August last he
had given particular orders about killing the king .
(BURNETCHA-E3-P2,2,188.236)

Oates swore the same against the other Jesuits ,
(BURNETCHA-E3-P2,2,188.237)

but Bedloe swore only upon hearsay against them .
(BURNETCHA-E3-P2,2,188.238)

So , though they had pleaded to their indictment , and the jury was
sworn , and the witnesses examined , yet , when the evidence was not
found full , their trial was put off to another time ,
(BURNETCHA-E3-P2,2,188.239)

and the jury was not charged with them . (BURNETCHA-E3-P2,2,188.240)

This looked as if it was resolved that they must not be acquitted .
(BURNETCHA-E3-P2,2,188.241)

I complained of this to Jones , (BURNETCHA-E3-P2,2,188.242)

but he said they had precedents for it . (BURNETCHA-E3-P2,2,188.243)

I always thought that a precedent against reason signified no more but
that the like injustice had been done once before .
(BURNETCHA-E3-P2,2,188.244)

And the truth is , the crown has , or at least had , such advantages in
trials of treason , that it seems strange how any person was ever
acquitted . (BURNETCHA-E3-P2,2,188.245)

Ireland , in his own defence , proved by many witnesses that he went
from <P_2,189> London on the second of August to Staffordshire , and
did not come back till the twelfth of September ;
(BURNETCHA-E3-P2,2,189.246)

yet , in opposition to that , a woman swore that she saw him in London
about the middle of August . (BURNETCHA-E3-P2,2,189.247)

So , since he might have come up post in one day , and gone down in
another , this did not satisfy . (BURNETCHA-E3-P2,2,189.248)

Oates and Bedloe swore against Grove and Pickering that they had
undertaken to shoot the king at Windsor ; that Grove was to have <font>
l </font> for it , and that Pickering chose thirty thousand masses ,
which at a shilling a mass amounted to the same sum .
(BURNETCHA-E3-P2,2,189.249)

They attempted it three several times with a pistol :
(BURNETCHA-E3-P2,2,189.250)

once the flint was loose , (BURNETCHA-E3-P2,2,189.251)

at another time there was no powder in the pan ,
(BURNETCHA-E3-P2,2,189.252)

and the third time the pistol was charged only with bullets .
(BURNETCHA-E3-P2,2,189.253)

This was strange stuff ; (BURNETCHA-E3-P2,2,189.254)

but all was imputed to a special providence of God ,
(BURNETCHA-E3-P2,2,189.255)

and the whole evidence was believed . (BURNETCHA-E3-P2,2,189.256)

So they were convicted , condemned , and executed ;
(BURNETCHA-E3-P2,2,189.257)

but denied to the last every particular that was sworn against them .
(BURNETCHA-E3-P2,2,189.258)

This began to shake the credit of the evidence , when a more composed
and credible person came in to support it . (BURNETCHA-E3-P2,2,189.259)

One Dugdale , that had been the lord Aston's bailie , and lived in a
fair reputation in the country , was put in prison for refusing the
oaths of allegiance and supremacy . (BURNETCHA-E3-P2,2,189.260)

<P_2,190>

He did then , with many imprecations on himself , deny that he knew of
any plot ; (BURNETCHA-E3-P2,2,190.262)

but afterwards he made a great discovery of a correspondence that Evers
, the lord Aston's Jesuit , held with the Jesuits in London ; who had
writ much to Evers of the design of killing the king , and desired him
to find out men proper for executing it , whether they were gentlemen
or not . (BURNETCHA-E3-P2,2,190.263)

This , he swore , was writ plain in a letter from Whitebread , the
provincial , directed to himself , (BURNETCHA-E3-P2,2,190.264)

but he knew it was meant for Evers . (BURNETCHA-E3-P2,2,190.265)

He and Govan , another Jesuit , pressed this Dugdale to undertake it :
(BURNETCHA-E3-P2,2,190.266)

they promised he should be canonized for it ,
(BURNETCHA-E3-P2,2,190.267)

and the lord Stafford offered him <font> l. </font> if he would set
about it . (BURNETCHA-E3-P2,2,190.268)

He was a man of sense and temper , (BURNETCHA-E3-P2,2,190.269)

and behaved himself decently , (BURNETCHA-E3-P2,2,190.270)

and had somewhat in his air and deportment that disposed people to
believe him : so that the king himself began to think there was
somewhat in the plot , though he had very little regard either-3 to
Oates or Bedloe . (BURNETCHA-E3-P2,2,190.271)

Dugdale's evidence was much confirmed by one circumstance .
(BURNETCHA-E3-P2,2,190.272)

He had talked of a justice of peace in Westminster that was killed , on
the Tuesday after Godfrey was missed : so that the news of this must
have been writ from London on the Saturday night's post .
(BURNETCHA-E3-P2,2,190.273)

He did not think it was a secret : (BURNETCHA-E3-P2,2,190.274)

and so he had talked it as news in an alehouse .
(BURNETCHA-E3-P2,2,190.275)

The two persons to whom he said he spoke it remembered nothing of it ,
the one being the minister of the parish : (BURNETCHA-E3-P2,2,190.276)

but several others swore they had heard it .
(BURNETCHA-E3-P2,2,190.277)

He saw this , as he swore , in a letter writ by Harcourt the Jesuit to
Evers , in which Godfrey was named . (BURNETCHA-E3-P2,2,190.278)

But he added a strange story to this , which he said Evers told him
afterwards ; that the duke had sent to Coleman when he was in Newgate
to persuade him to discover nothing , and that he desired to know of
him whether he had ever discovered it to any other person ; and that
Coleman sent back answer , that he had spoke of it to Godfrey , but to
no <P_2,191> other man : upon which the duke gave order to kill him .
(BURNETCHA-E3-P2,2,191.279)

This was never made public till the lord Stafford's trial :
(BURNETCHA-E3-P2,2,191.280)

and I was amazed to see such a thing break out after so long a silence
, (BURNETCHA-E3-P2,2,191.281)

and it looked like an addition to Dugdale's first evidence , though he
had been noted for that , as having brought out all his discoveries at
once . (BURNETCHA-E3-P2,2,191.282)

But the earl of Essex told me he swore it on his first examination ,
but since it was only upon hearsay from Evers , and so was nothing in
law , and yet would heighten the fury against the duke , the king
charged Dugdale to say nothing of it . (BURNETCHA-E3-P2,2,191.283)

At the same time a particular discovery was made of Godfrey's murder .
(BURNETCHA-E3-P2,2,191.284)

Prance , a goldsmith that wrought for the queen's chapel , had gone
from his house for two or three days the week before the murder ;
(BURNETCHA-E3-P2,2,191.285)

and one that lodged in his house , calling that to mind upon Bedloe's
swearing he saw the body in Somerset house , fancied that this was the
time in which he was from home , and that he might be concerned in that
matter ; though it appeared afterwards that his absence was the week
before , and he said he went from his own house fearing to be put in
prison , as many were upon suspicion , or on the account of his
religion . (BURNETCHA-E3-P2,2,191.286)

Yet upon this information he was seized on , and carried to Westminster
. (BURNETCHA-E3-P2,2,191.287)

Bedloe accidentally passed by , not knowing any thing concerning him :
(BURNETCHA-E3-P2,2,191.288)

and at first sight he charged some to seize on him ,
(BURNETCHA-E3-P2,2,191.289)

for he was one of those whom he saw about Godfrey's body :
(BURNETCHA-E3-P2,2,191.290)

yet he denied every thing for some days . (BURNETCHA-E3-P2,2,191.291)

Afterwards he confessed he was in it , (BURNETCHA-E3-P2,2,191.292)

<P_2,192>

and he gave this account of it . (BURNETCHA-E3-P2,2,192.294)

Girald and Kelly , two priests , engaged him and three others into it ;
who were Green , that belonged to the queen's chapel , Hill , that had
served Godden the most celebrated writer among them , and Berry , the
porter of Somerset house . (BURNETCHA-E3-P2,2,192.295)

He said , these all , except Berry , had several meetings , in which
the priests persuaded them it was no sin , but a meritorious action ,
to despatch Godfrey , who had been a busy man in taking depositions
against them , and that the taking him off would terrify others .
(BURNETCHA-E3-P2,2,192.296)

Prance named an alehouse where they used to meet ,
(BURNETCHA-E3-P2,2,192.297)

and the people of that house did confirm this of their meeting there .
(BURNETCHA-E3-P2,2,192.298)

After they had resolved on it , they followed him for several days .
(BURNETCHA-E3-P2,2,192.299)

The morning before they killed him , Hill went to his house , to see if
he was yet at home , (BURNETCHA-E3-P2,2,192.300)

they stayed his coming out . (BURNETCHA-E3-P2,2,192.301)

This was confirmed by the maid , who upon Hill's being taken went to
Newgate , and in a crowd of prisoners distinguished him , and said he
was the person that had asked for her master the morning before he was
lost . (BURNETCHA-E3-P2,2,192.302)

And then he said they dogged him into a place near St. Clement's church
, where he was kept till night . (BURNETCHA-E3-P2,2,192.303)

This laid the suspicion still heavier on the duke of Norfolk .
(BURNETCHA-E3-P2,2,192.304)

Prance was appointed to be at Somerset house at night ,
(BURNETCHA-E3-P2,2,192.305)

and , as Godfrey went by the water gate , two of them pretended to be
hot in a quarrel , (BURNETCHA-E3-P2,2,192.306)

and one run out to call a justice of peace ,
(BURNETCHA-E3-P2,2,192.307)

and so he pressed Godfrey to go in and part them .
(BURNETCHA-E3-P2,2,192.308)

He was not easily prevailed on to do it , (BURNETCHA-E3-P2,2,192.309)

yet did at last . (BURNETCHA-E3-P2,2,192.310)

Green then got behind him , (BURNETCHA-E3-P2,2,192.311)

and pulled a cravat about his neck , (BURNETCHA-E3-P2,2,192.312)

and drew him down to the ground , (BURNETCHA-E3-P2,2,192.313)

and strangled him . (BURNETCHA-E3-P2,2,192.314)

Upon that Girald would have run him through ,
(BURNETCHA-E3-P2,2,192.315)

but the rest diverted him from that , by representing the danger of a
discovery by the blood's being seen there . (BURNETCHA-E3-P2,2,192.316)

Upon that they carried up his body to Godden's room , of which Hill had
the key , he being then in France . (BURNETCHA-E3-P2,2,192.317)

Two days after , they removed it to a room <P_2,193> cross the upper
court , which he could never describe particularly ;
(BURNETCHA-E3-P2,2,193.318)

and that not being found a convenient place , they carried it back to
Godden's lodgings . (BURNETCHA-E3-P2,2,193.319)

At last it was resolved to carry it out in the night , in a sedan , to
the remote parts of the town , and from thence to cast it in some ditch
. (BURNETCHA-E3-P2,2,193.320)

On Wednesday a sedan was provided , (BURNETCHA-E3-P2,2,193.321)

and one of the centinels swore he saw a sedan carried in ,
(BURNETCHA-E3-P2,2,193.322)

but none saw it brought out . (BURNETCHA-E3-P2,2,193.323)

Prance said they carried him out , and that Green had provided a horse
, on whose back he laid him when they had got clear of the town ,
(BURNETCHA-E3-P2,2,193.324)

and then he carried him as he believed to the place where his body was
found . (BURNETCHA-E3-P2,2,193.325)

This was a consisting story , which was supported in some circumstances
by collateral proofs . (BURNETCHA-E3-P2,2,193.326)

He added another particular , that some days after the fact those who
had been concerned in it , and two others who were in on the secret ,
appoointed to meet at Bow , where they talked much of that matter .
(BURNETCHA-E3-P2,2,193.327)

This was confirmed by a servant of that house , who was coming in and
out to them , and heard them often mention Godfrey's name ; upon which
he stood at the door out of curiosity to hearken ,
(BURNETCHA-E3-P2,2,193.328)

but one of them came out (BURNETCHA-E3-P2,2,193.329)

and threatened him for it . (BURNETCHA-E3-P2,2,193.330)