[159] Evidence of the coroner and Rawson before the Lords’ Committee.

House of Lords’ MSS. 46, 47. Evidence of Brown, the constable, at the

inquest. _Brief Hist._ iii. 212–215, 222.

[160] Deposition of White, coroner of Westminster. _Brief Hist._ iii.

224.

[161] Quoted from the printed copy published by Janeway in 1682. _Brief

Hist._ iii. 232.

[162] “The jury’s reasons for the verdict they gave.” _Brief Hist._

iii. chap. xii.

[163] Evidence of Collins, Mason, and Radcliffe. _Brief Hist._ iii.

252, 300. Some not very good evidence was collected several years

afterwards as to Godfrey’s movements later in the day. It cannot be

considered trustworthy. 8 State Trials 1387, 1392, 1393. _Brief Hist._

iii. 174, 175.

[164] The coroner’s evidence before the Lords’ committee; “There was

nothing in the field on Tuesday.” House of Lords MSS. 47. Evidence of

Mrs. Blith and her man at the inquest. _Brief Hist._ iii. 244.

[165] Deposition of Robert Forset. 8 State Trials 1394, 1395.

[166] Sir George Sitwell says: “The bruises or discolourations upon

his chest might well have been produced by those who knelt upon it in

stripping off the clothes” (_First Whig_ 41). Bruises however cannot

be made to appear upon a corpse beyond the time of three and a half

hours after death (Professor H. A. Husband in the _Student’s Handbook

of Forensic Medicine_), nor is there any evidence that the body was so

treated. Marks which look like bruises may be caused after death by the

process of hypostasis or suggillation, the gravitation of the blood to

the lowest point in the dead body. But if the marks on Godfrey’s body

had been thus caused, the face and neck would have shown pronounced

signs of discolouration, since the head was lower than any other point

in the body. It had moreover been in that position for at most only

twenty-four hours, so that the blood would not have gravitated to the

chest immediately after death at all.

[167] L’Estrange afterwards persuaded the surgeon Lazinby to say that

the mark was caused by the pressure of the collar. _Brief Hist._ iii.

259. But his evidence in court was, on the contrary, that it was caused

“by the strangling with a cord or cloth.” 8 State Trials 1384.

[168] The evidence as to the exact condition of the neck, varies

slightly, but the doctors, and indeed all who saw the body, were agreed

that it was broken.

[169] Evidence of the surgeons Cambridge and Skillard at the trial

of Green, Berry, and Hill. 7 State Trials 185, 186. Evidence of the

coroner before the Lords’ committee. House of Lords MSS. 46. Evidence

of Hobbs and Lazinby, surgeons, and the two Chaces, apothecaries, at

the trial of Thompson, Pain, and Farwell. 8 State Trials 1381–1384.

[170] Evidence of Brown, Skillard, and Cambridge at the trial of Green

and others. 7 State Trials 184, 185, 186. Evidence of Hazard, Batson,

Fisher, Rawson, Mrs. Rawson, Hobbs, Lazinby, the Chaces, at the trial

of Thompson and others. 8 State Trials 1379–1384. Depositions of

Skillard, Rawson, and others. _Brief Hist._ iii. 265–271. Some of the

witnesses in their depositions before L’Estrange spoke of the presence

of a greater quantity of blood than they had previously remembered.

Obviously their earlier impressions are the more trustworthy. Even at

the later date the quantity to which they swore was not considerable.

[171] _Brief Hist._ iii. 271. He does not attempt however to give any

evidence for his statement.

[172] _Brief Hist._ iii. 230.

[173] Mr. W. M. Fletcher, M.B., Fellow of Trinity College, Cambridge,

has kindly furnished me with his opinion on this point. He says: “A

sword transfixing the living body and at the same time driven through

the cavity of the heart would cause violent hæmorrhage from one or

other of the external wounds, except only under a set of circumstances

which could be present only by the rarest chance; the hæmorrhage, that

is to say, could be restrained only by an accidental block produced

not only at one but at two points on either side of the heart cavity,

where the torn tissues might happen so to fit outwards upon and closely

against the undisturbed sword as to form a kind of valve. Such an

accidental valve formation, occurring at two separate points on each

side of the pent-up blood, is improbable enough, but could not be

imagined as a prevention of hæmorrhage if the sword were bent, twisted,

or withdrawn after the infliction of the wound.”

[174] 7 State Trials 295. Information of Mrs. Warrier. _Brief Hist._

iii. 142. Burnet ii. 164. Evidence of the coroner before the Lords’

committee. House of Lords MSS. 46. L’Estrange produces two depositions

to the effect that the ground was quite dry and not muddy, and in

doing so contradicts the argument upon which he lays stress in arguing

against Prance’s story (see below) that if the body had been brought to

Primrose Hill upon a horse, the feet and legs must have been covered

with mud. _Brief Hist._ iii. 261, and see 8 State Trials 1370 for the

same point in Thompson’s libel.

[175] 8 State Trials 1359–1389.

[176] Barillon, October 21/31, 1678. “Ce Godefroy s’est trouvé mort à

trois milles d’ici sans qu’on sache qui l’a tué. Le Roi d’Angleterre

et M. le Duc d’York m’ont dit que c’était une espèce de fanatique et

qu’ils croyent qu’il s’était tué lui-même.”

[177] Burnet ii. 165. Blencowe’s _Sidney_ lxii. Lady Sunderland to John

Evelyn, December 25, 1678.

[178] See the letter subscribed T. G. to Secretary Coventry and

Coventry’s reply. Longleat MSS. See Appendix B.

[179] John Verney to Sir Ralph Verney, Verney MSS. 471. This did not

take place till November, but it may be noted at this point.

[180] Barillon, January 16/26, 1679. Despatches of Giacomo Ronchi,

secret agent of the Duke of Modena in London, January 20, 1679. Campana

de Cavelli i. 239. _Memoirs of Thomas, Earl of Ailesbury_ i. 29.

[181] Lansd. MSS. 1235: 76. North, _Examen_ 202, 204, 205. North alone

relates the incident of the pulpit. As Ranke observes, he has never

been contradicted, so that the story may be accepted. Burnet ii. 165.

Ralph i. 392. Echard 950. Oldmixon 620.

[182] _Parl. Hist._ iv. 1022. L.J. xiii. 299. House of Lords MSS. i.

[183] Longleat MSS. Coventry Papers xi. 232. The information of October

27 is practically the same as that given below from the Lords’ Journals.

[184] Examination of Charles Atkins, Esq. 6 State Trials 1479. L.J.

November 12, 1678.

[185] Evidence of C. Atkins before the Lords’ Committee. 6 State Trials

1474.

[186] 6 State Trials 1473–1492.

[187] 6 State Trials 1484, 1491.

[188] There is unfortunately a gap from October 28 to December 11 in

the minutes of the committee of inquiry of the House of Lords, so that

it is impossible to check Atkins’ statements exactly.

[189] See 6 State Trials 1476, 1481.

[190] _Ibid._ 1474.

[191] _Ibid._ 1481.

[192] See the conversations between Charles and Samuel Atkins on the

stairs of the committee room, November 6, and in Newgate, November 8.

_Ibid._ 1480, 1484. North, _Examen_ 243–247.

[193] S.P. Dom. Charles II 407; i. 285. Bedloe to Williamson, October

31, 1678; ii. 23. Williamson to Bedloe, November 5. _Brief Hist._ iii.

7. Coventry to Bedloe, November 2.

[194] See Appendix B.

[195] Whence Lingard derives the words I cannot discover, xiii. 98.

_Brief Hist._ iii. 16. Ralph i. 393. Burnet ii. 168. Burnet, who

relates that Charles told him the same thing of Bedloe, must have

misunderstood the king’s words, unless, which is quite possible,

Charles deceived him intentionally.

[196] Add. MSS. 11,058: 244. See Appendix B.

[197] S.P. Dom. Charles II 407: ii. 29. See Appendix B.

[198] Deposition of November 8 before the Lords’ committee. 6 State

Trials 1487.

[199] _Ibid._ 1489.

[200] _Ibid._ 1484.

[201] 7 State Trials 347, 349. Exam. of November 7. S.P. Dom. Charles

II 407. See Appendix B. Care, _History of the Plot_ 127.

[202] Warner MS. history 36. Exam, of Mary Bedloe (see below). Burnet

ii. 168. _Florus Anglo-Bavaricus_ 127, _Lettre écrite de Mons à un ami

à Paris_, 1679. L.J. xiii. 392. Reresby, _Memoirs_ 149.

[203] L.J. xiii. 343, November 12.

[204] Deposition of Alice Tainton, alias Bedloe, taken this 14th day of

November 1678, before the Rt. Rev. father in God William Lord Bishop

of Landaffe, one of his Majesty’s justices of the peace in the county

of Monmouth. Deposition of Mary Bedloe of Chepstow of same date before

the Bishop of Landaffe. Deposition of Gregory Appleby, December 2, 1678

before the Bishop of Landaffe. Longleat MSS. Coventry Papers xi. 287,

307.

[205] L.J. November 24, 28; xiii. 389, 391.

[206] 6 State Trials 1489, 1490. Sitwell, _First Whig_ 51. North,

_Examen_ 248.

[207] 6 State Trials 1490, 1491. For Staley’s case see below in Trials

for Treason. North, _Examen_ 249.

[208] Evidence of Captain Vittells and his men before the Lords’

committee. House of Lords MSS. 49, 50, 51. Evidence of Vittells and

Tribbett at Atkins’ trial. 7 State Trials 248.

[209] 6 State Trials 1491, 1492.

[210] 7 State Trials 238–240.

[211] Bedloe’s evidence. _Ibid._ 242, 243.

[212] _Ibid._ 241, 245.

[213] _Ibid._ 246–249.

[214] _Ibid._ 249. North, _Examen_ 250, 251. North’s account is as

usual highly coloured, and contains at least one untrue statement.

[215] Bedloe’s deposition before the Lords’ committee. L.J. November

12, xiii. 350, 351.

[216] 7 State Trials 237.

[217] See below in _Trials for Treason_.

[218] Burnet ii. 191. 7 State Trials 183. _True Narrative and

Discovery_ 20. _Brief Hist._ iii. 52, 53, 65. L’Estrange alone gives

the words. The fact that Prance was questioned about the periwig makes

it probable that they are more or less correct. L’Estrange also says

that the meeting was prearranged by Bedloe and Sir William Waller.

Reasons for disbelieving this will appear later.

[219] House of Lords MSS. 51.

[220] L.J. xiii. 431. Blencowe’s _Sidney_ lxii. Lady Sunderland to John

Evelyn, December 25, 1678.

[221] C.J. ix. 563. L’Estrange comments on this: “It makes a man

tremble to think what a jail delivery of discoverers this temptation

might have produced” (_Brief Hist._ iii. 55). Surely it is more

natural to suppose that the information was directed not to the common

malefactors, but to those already imprisoned in Newgate on account

of the plot. If an examination of Prance was taken by the Commons’

committee, it was never reported to the House. On December 30, 1678

Parliament was prorogued, and on January 24, 1679 dissolved. The new

parliament did not meet till March 6, when the trial for Godfrey’s

murder had already taken place, and Green, Berry, and Hill had been

hanged.

[222] L.J. xiii. 436.

[223] The deposition begins, “That it was either at the latter end or

the beginning of the week that Sir E. Godfrey,” and so on. The rest

of the examination is only intelligible on the ground that Saturday

was the day of the murder. Prance’s reasons for prevaricating in this

statement will be the subject of discussion below.

[224] L.J. xiii. 437, 438. 7 State Trials 191, 192. Evidence of Sir

Robert Southwell, clerk to the privy council. There exists among the

state papers the notes taken by Sir Joseph Williamson, secretary of

state, of Prance’s first examination before the council. They only

differ from the account in the Lords’ Journals in that they begin

“On a certain Monday.” The paper is worth studying for the wonderful

vividness in which Williamson’s disjointed sentences bring the scene to

the mind. See Appendix B.

[225] L.J. xiii. 439.

[226] House of Lords MSS. 52.

[227] Warner MS. history 37. S.P. Dom. Charles II 407: ii. 17. Note

of the proceedings at the council on December 30. 7 State Trials 177,

210. Evidence of Richardson and Chiffinch. James (Or. Mem.) i. 535.

Burnet ii. 193. _Brief Hist._ iii. 61, 62, 65. L’Estrange says that

the king saw Prance alone on the evening of December 29, and called in

Richardson and Chiffinch afterwards. This is contradicted by Richardson

and Burnet. It would moreover have been a piece of imprudence unlike

Charles’ caution; and as none of the Whig writers, who would have

given much to obtain such a handle against the king, mention a private

interview, the story is probably without truth. The events which passed

between Prance’s first confession and his final adherence to it will be

discussed below.

[228] 7 State Trials 167, 168, 169.

[229] _Ibid._ 179–183.

[230] L.J. xiii. 437.

[231] 7 State Trials 169–173.

[232] _Ibid._ 186, 187.

[233] _True Narrative and Discovery_ 12.

[234] 7 State Trials 169, 188, 189.

[235] 7 State Trials 174. _True Narrative_ 18.

[236] 7 State Trials 190.

[237] 7 State Trials 195–200.

[238] _Ibid._ 201, 202.

[239] _Ibid._ 204, 205, 206.

[240] _Ibid._ 207, 208, 209.

[241] 7 State Trials 213–221.

[242] _Ibid._ 223–230. Burnet ii. 194, 195.

[243] Luttrell, _Brief Relation_ i. 9.

[244] 7 State Trials 228.

[245] _Brief Hist._ iii. 26, 27.

[246] _Brief Hist._ iii. 66, 67.

[247] _Ibid._ 67, 68. Cooper’s information of January 9 and January 11.

[248] _Ibid._ 69, 75. Informations of Boyce.

[249] Lloyd’s report to the Council. _Brief Hist._ iii. 69. Lloyd to

L’Estrange. _Ibid._ 82.

[250] Lloyd’s report to the Council. Fitzherbert MSS. 154. _Brief

Hist._ iii. 69, 71. Lloyd to L’Estrange. _Ibid._ 85.

[251] Burnet ii. 193, 194.

[252] Burnet ii. 194. _Brief Hist._ iii. 85, 86.

[253] State Trials 1183–1188. This was also a Jesuit story. Warner MS.

history 37, “fidiculis tortus et se reum asseruit, et complius [sic.

qu. complures] se accusaturum.”

[254] 7 State Trials 1199, 1200, 1210–1212.

[255] Evidence of Fowler. _Ibid._ 1194–1197, 1204–1209.

[256] The improbability does not lie in the unlikelihood of the

application of torture to witnesses at this date so much as in the

nature of the particular facts alleged, which cannot be believed.

_Brief Hist._ iii. 76, 77, 78, 80. L’Estrange procured Corral to

contradict his evidence at the trial. _Ibid._ 102, 106. It is important

to insist upon the falsehood of the charge in this case, because it has

been adopted without question by Foley v. 29, n., and see Echard, 503

_seq._

[257] _Brief Hist._ iii. 84.

[258] _True Narrative_ 11.

[259] 7 State Trials 180.

[260] _True Narrative_ 13, 14.

[261] 7 State Trials 172. _True Narrative_ 15.

[262] 7 State Trials 173. _True Narrative_ 16, 17.

[263] 6 State Trials 1487. 7 State Trials 182.

[264] 6 State Trials 1488.

[265] _Ibid._ 1487.

[266] Prance to L’Estrange, January 17, 1688. _Brief Hist._ iii. 127.

[267] _Brief Hist._ ii. 52, 53.

[268] It is worthy of remark that Sir James Fitzjames Stephen, judging

only from the evidence which Prance gave at the trial, has come to the

same conclusion. _Hist. Crim. Law_ i. 393.

[269] It was ordered that an examination should be held on the subject,

but Coleman was never questioned on Godfrey’s death. House of Lords

MSS. 48. L.J. xiii. 303, 307, 308.

[270] Warner MS. history 27: “Rem totam Eboracensi detulit,” _Florus

Anglo-Bavaricus_ 97. James (Or. Mem.) i. 534. North, _Examen_ 174.

Lingard xiii. 69. Sitwell, _First Whig_ 40.

[271] _Brief Hist._ iii. 181–186.

[272] See above, 89.

[273] James (Or. Mem.) i. 517–519. _Impartial State of the Case of the

Earl of Danby._ Lingard xiii. 68.

[274] North, _Examen_ 174. _Florus Anglo-Bavaricus_ 97, 98. Godfrey

“rem totam Edwardo Coleman ... per literas aperuit: quod non neminem

usque adeo offendit, ut Godefredus haud ita multo post violenta morte

suam in Catholicos benevolentiam luerit.” Warner MS. history 26, 31,

to the same effect. Warner names Danby as the probable author of the

murder.

[275] 7 State Trials 168. House of Lords MSS. 47. _Brief Hist._ iii.

187. Burnet ii. 163.

[276] Burnet, _ibid._

[277] 7 State Trials 29.

[278] Welden’s evidence before the Lords’ committee. House of Lords

MSS. 48.

[279] Reresby, _Memoirs_ 325. Warner MS. history 27. “Ad congregationem

provincialem ubi ventum est, cui se interfuisse mentitus predicat

Oates, Carolus ab eo petiit, ubinam convenissent Jesuitae? Respondit

alter, magna cum fiducia, convenisse Londini, in plataea quae Strand

dicitur, in oenopolio cui insigne Equi Albi. Hoc falsum esse sciebat

Carolus, cui notum ipsos in ipsa Eboracensis Aula convenisse; cujus

tamen rei nec Carolus nec ullus alius Catholicorum apologista mentionem

fecit donec persecutio plane desaevisset, ne augeretur inde in

Eboracensem invidia.”

[280] At Lord Stafford’s trial in 1680 Dugdale, the informer, declared

that Godfrey had been murdered by the Duke of York’s orders because

Coleman had made disclosures to him. He did not however suggest what

the nature of those disclosures was. A theory not unlike that set out

in the text was therefore in the air at the time. As almost every

conceivable hypothesis to account for the murder was being discussed,

this is not surprising; but there was this difference, that then

Dugdale had no good reason to offer in favour of the truth of what he

said. He was at the time of the murder in communication with various

Jesuits in Staffordshire: but it is most unlikely that, even if they

knew anything about it, they would have told him. If he had known

anything, it would probably have been that the Jesuit congregation

was held at St. James’; and he was certainly ignorant of this. Burnet

tells, on the authority of the Earl of Essex, that the king prevailed

on Dugdale to stifle this part of his information because it pressed on

the Duke of York; but, as Essex, or Burnet, taking the tale from him,

was mistaken as to the date when Dugdale first told the story, and as

Dugdale could beyond doubt have had a better price for his information

from Shaftesbury than from Charles for the suppression of it, this

cannot be believed without corroboration, which is not forthcoming.

Burnet ii. 190, 191. 7 State Trials, 1316, 1319. And see below in

Trials for Treason.

[281] See below (in materials for the history of the Popish Plot),

Foley’s note on Warner’s MS. history.

[282] Slip appended to examination of November 7. Longleat MSS.

Coventry Papers xi. 276.

[283] 7 State Trials 168. Burnet ii. 163.

[284] James (Or. Mem.) i. 527, 528. Burnet ii. 174. House of Lords MSS.

52. 7 State Trials 154. L.J. xiii. 353.

[285] 7 State Trials 172, 192.

[286] Burnet ii. 164, 165. L’Estrange produced some bad evidence, which

he does not even seem to have believed himself, to the effect that

these stains were of mud, and not wax. _Brief Hist._ iii. 326, 336.

Sir George Sitwell says: “The drops of wax ... may have been spilt

the evening before, when Sir Edmund, for some mysterious reason, was

engaged in burning a quantity of his private papers” (_First Whig_ 41).

But the evidence for this is wholly valueless, being told on hearsay

from a bad witness by a worse. _Brief Hist._ iii. 179.

[287] Evidence of the coroner before the Lords’ committee, House of

Lords MSS. 46.

[288] Examination of Charles Atkins, October 27, 1678. Slip appended to

the examination in Coventry’s hand. “Mr. Charles Atkins lodgeth at the

Golden Key in High Holborn, over against the Fountain Tavern.” Longleat

MSS. Coventry Papers xi. 234. Examination of Bedloe of November 7.

“Lodges where Captain Atkins lodges, where Walsh the priest lodges,

near Wild House.” S.P. Dom. Charles II 407: ii. 29. Longleat MSS.

_ibid._ 272–274; _ibid._ 278, on a slip appended to the examination,

“Le Fevre: about fifty years of age, with a flaxen periwig, a handsome

man. He lodges where Captain Atkins lodges, near Wild House.”

[289] L.J. xiii. 353. Evidence of Diana Salvin, Elizabeth Salvin, John

Saunders, Alexander Oldis.

[290] 6 State Trials 1475–1477.

[291] _Parl. Hist._ iv. 1113. _Secret Services of Charles II and James

II_, payment to Prance 22.

[292] L.J. November 15, 1678. Ralph i. 398.

[293] For example the libel, “A copy of a letter dropped in the

exchange,” 1679.

[294] See above and Appendix B.

[295] See above, 122.

[296] James (Or. Mem.) i. 528. Schwerin, November 22, 1678. “Bedloo

hat in Somerset House das Gemach gewiesen in welchem ihm der todte

Körper gezeigt worden ist; allein weil er in derselben Kammer eine

Thüre angab, die sich nicht daselbst vorfand,—überdem die Königin

damal in diesem Gemache wohnte,—und der Ort, an welchem ihm der todte

Körper gezeigt worden sein soll, ein steter Durchgang und Aufenthalt

aller Domesticken der Königin ist, so wird die Angabe von vielen für

verdächtig gehalten.” _Briefe von England_ 352.

[297] James, Duke of York, to the Prince of Orange, December 24, 1678,

“... some are not well pleased with what this man says, because it

contradicts Bedloe.” Foljambe MSS. 127.

[298] House of Lords MSS. 52.

[299] 7 State Trials 343.

[300] _Ibid._ 425, 612, 613.

[301] _Ibid._ 1320.

[302] Lloyd to the council, January 11, 1679. Examinations of Prance of

December 26, 1678, January 13, March 19, March 22, 1679. Fitzherbert

MSS. 154–158. 7 State Trials 1226, 1231. Warner MS. history 37. _True

Narrative_ 2–8, 26–40.

[303] Lloyd to L’Estrange, April 16, 1686. _Brief Hist._ iii. 83.

[304] Burnet ii. 195.

[305] Warner MS. history 37: “librum edidit in quo pauca de Jesuitis,

eaque leviora retulit ... et in sacerdotes saeculares fanda infanda

conjecit, tanquam e plaustro probra jaceret (qu, tanquam e plaustro

= histrionis more. v. Hor. _A.P._ 275 ap. Facc.), ipsa maledicentiae

magnitudine fidem sibi detrahens: quam apud paucissimos invenit.”

[306] _Florus Anglo-Bavaricus_ 103, 128.

[307] 7 State Trials 228. House of Lords MSS. 1689–1690, 61.

[308] House of Lords MSS. 1689–1690, 61. Foley v. 285, 286.

[309] S. A. Tanari, Internuncio at Brussels, to the papal secretary

of state, June 17, 1679: “Nella salute della sua persona consistevano

tutte le speranze di veder ristabilita la vera religione in

Inghilterra.” Vat. Arch. Nunt. di Fiandra 66.

[310] Luttrell, _Brief Relation_ i. 8.

[311] Memorandum by Danby. “Q. Whether the Plot be not triable out of

Parliament?” Add. MSS. 28042: 19. Henry Coventry to the king, October

7, 1678.... “It will be worth your serious consideration when you

return on which side the greater inconveniency will be, either in the

suppressing them [Coleman’s letters] or publishing them, or whether any

middle way can be taken.” Add. MSS. 32095: 119.

[312] A narrative of proceedings in the House of Commons. Harl. MSS.

6284: 35, 36.

[313] _Parl. Hist._ iv. 1021–1026.

[314] House of Lords MSS. 16, 17. Lady Sunderland to John Evelyn,

October 28, 1678. Correspondence of John Evelyn, 1852, 251.

[315] W. Harrington to George Treby, February 1679. Fitzherbert MSS.

14. John Verney to Sir Ralph Verney, November 11, 1678. Same to same,

May 12, 1679. Verney MSS. 471. Sarotti, November 15/25, 1678. Ven.

Arch. Inghilterra 65. Lives of the Norths i. 70. Le Gros to Sir Charles

Lyttleton, November 26, 1678. Longleat MSS. Coventry Papers xi. 301.

[316] Sir W. Godolphin to Henry Thynne, August 14/24, 1679. Longleat

MSS. Coventry Papers lx. 275. S.P. Dom. Charles II 408: i. 119, 120;

ii. 70, 79.

[317] Earl of Conway to Sir L. Jenkins, September 26, 1681. S.P. Dom.

Charles II 416: 30.

[318] Longleat MSS. Coventry Papers xi. 17–54. _Narrative of Edmund

Everard_ 1679.

[319] Longleat MSS. Coventry Papers xi. 67, 92, 98, 100, 114, 138, 140.

_Ibid._ 148, Lord Windsor to Henry Coventry, July 8, 1676. See Appendix

C. Verney MSS. 465. Earl of Danby to the Lord Chancellor, April 4,

1676. Leeds MSS. 13. Particulars of Conventicles. Leeds MSS. 15. John

Smith to Henry Coventry, January 24, 1676. Longleat MSS. Coventry

Papers xi. 172. A paper endorsed by the Earl of Danby; “Fifth monarch

meetings in London and Southwark. This was given me by the Bishop of

London in October 1677.” Add. MSS. 28093: 212. And see Gooch, _English

Democratic Ideas in the Seventeenth Century_ 326.

[320] Longleat MSS. Coventry Papers xi. 117, 120, 122, 124, 126, 132.

[321] “Memd. of his Majesty’s directions for interrupting Coleman’s

letters.” December 10, 1676. Henry Coventry to Col. Whitely, December

11, 1676. Longleat MSS. Coventry Papers xi. 168, 170. And the letters

intercepted, _ibid._ 224, 245, 246, 247, 248. And see above, Designs of

the Catholics 32, n.

[322] Spillmann. Pater Spillmann’s work is in general of little value.

Bishop Morley to the Earl of Danby, June 10, 1676. Leeds MSS. 14.

Courtin, August 6, 1676.

[323] Leeds MSS. 17.

[324] Foley v. 11, 12, 13. Diary of Lord Keeper Guildford, Dalrymple,

ii. 200, 320. Articles of _Impeachment against the Earl of Danby_ iv.

_Parl. Hist._ iv. 1068.

[325] See above 78.

[326] Memorandum by Danby, undated, but probably in 1677. “State and

present condition of the crown, which cannot be amended but by force or

by compliance.

“[Compliance to the old parliament would mean war with France and the

enforcement of all laws against papists and dissenters; with a new

parliament, war with France and general toleration except for the

papists.] From all this it seems as if compliance must necessarily

conclude in a resolution to give satisfaction in point of France.

[Force could hardly be exerted without foreign aid, which would

certainly mean a total conquest.]” Add. MSS. 28042: 17.

[327] Earl of Danby to Sir W. Temple, November 19, 1678. Add. MSS.

28054: 196. Burnet ii. 97, note, 151, 152. See also Lindsay MSS. 399.

Forneron, _Louise de Kéroualle_ 153. Harris, _Life of Charles II_ 226

_seq._

[328] Memoranda by Danby. Add. MSS. 28042: 53.

“The three points to be considered by the committee of trade every

Thursday:—

“(1) A treaty marine with France.

“(2) What should be proposed to the king to be done by his example in

not permitting French commodities to be worn in the court.

“(3) A treaty of commerce with France.”

Add. MSS. 28042: 60.

“For the 30 ships

In 1677 £90,000 0 0

In 1679 [?8] 339,735 0 0

In 1679 before the 25th March 47,957 0 0

———————

£477,692 0 0

£584,978

477,692

————

£107,286 remaining in the Exchequer, Lady Day, ’79.”

See too Campana de Cavelli i. 290–294. Barillon, March 3/13, 1679.

[329] Webster MSS. Hist. MSS. Com. Rep. iii. 421. Article by Mr. Sidney

Lee on Osborne (Thomas) in the _Dict. of Nat. Biog._ Danby obtained his

knowledge of Montagu’s connection with the nuncio from Olivencranz, the

Swedish ambassador. Sir Leoline Jenkins to the Earl of Danby, January

13, 1679. Lindsey MSS. 398. Grey, _Debates_ vi. 388. The authorities

for the story of Danby’s fall are well known and too numerous for

citation.

[330] _Parl. Hist._ iv. 1039–1045, 1052. Burnet ii. 176, 178. Barillon,

November 25/December 5, 1678. Ferguson, _Growth of Popery_, Part II.

219.

[331] _Parl. Hist._ iv. 1034. Sitwell, _First Whig_ 63.

[332] Reresby, _Memoirs_ 149. _Parl. Hist._ iv. 1035. Barillon, October

17/27, 1678. Ranke v. 236.

[333] Barillon, February 17/27, February 24/March 6, 1679. Edm. Verney

to Sir R. Verney, February 24, 1679. Verney MSS. 471, Fitzherbert MSS.

12, 13. Foljambe MSS. 127. _Caveat against the Whigs_ i. 47. Ranke v.

244, 245. Sir Thomas Browne, _Works_, 1836, 240. Sitwell, _The First

Whig_ 54, 55.

[334] Barillon, December 30, 1678/January 9, 1679, January 30/February

9, May 12/22, June 2/12, 1679. John Verney to Sir R. Verney, May 22,

1679. Verney MSS. 472. _Parl. Hist._ iv. 1086, 1121.

[335] _Parl. Hist._ iv. 1092–1111. Burnet ii. 205 and note 2. And see

Temple i. 412. Seymour had formerly been on the court side, and after

Danby’s imprisonment made up the quarrel. A memorandum in the Leeds

papers contains the following note on Seymour; “This man, the most

odious to the House, till he disturbed your Majesty’s affairs.” Add.

MSS. 28042: 21.

[336] See Reresby, _Memoirs_ 170, 171. Temple i. 396–414.

[337] _Parl. Hist._ iv. 1122. Algernon Sidney wrote that Halifax was

the author of the scheme. _Letters_ 34. James had news that the Duchess

of Portsmouth bragged that she had helped to make it. James to the

Prince of Orange, May 8, 1679. Foljambe MSS. 129.

[338] Temple i. 414–419, 473–477. Barillon, April 7/17, April 21/May 1,

April 24/May 4, April 28/May 8, 1679. Dalrymple ii. 216, 217. Reresby,

_Memoirs_ 168. North, _Examen_ 76, 77. Ferguson, _Growth of Popery_,

Part II. 238; and see Foxcroft, _Life of Halifax_ i. chap. vi.

[339] Burnet ii. 209.

[340] Barillon, February 5/15, 1680. Luttrell, _Brief Relation_ i. 19,

33. Burnet ii. 246, 248, 249. Temple i. 419, 420, 441–444. Ailesbury,

_Memoirs_ i. 35. Foxcroft, _Life of Halifax_ i. 173–178, 192. Christie,

_Life of Shaftesbury_ ii. 357. Airy, _Charles II_ 240.

[341] Barillon, May 26/June 5, 1675. _Parl. Hist._ iv. 1125–1149.

Temple i. 424, 429–432. Burnet ii. 210–215. Reresby, _Memoirs_ 173.

North, _Examen_ 506. Ralph i. 453, 454, 455.

[342] Burnet ii. 263, 264. House of Lords MSS. 136. And see Ferguson,

_Growth of Popery_, Part II. 246.

[343] See Lord Keeper Guildford MS. diary. Dalrymple ii. 91, 321. “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 zealous that

fetters might be put on the King, and therefore would join in showing

any discontent.” The Whig party on Temple’s council tried to purge the

commission of the peace of justices on the other side, but Charles

prevented this by a very droll device. North, _Examen_ 78. Nevertheless

the weight of the commission was against the court. See below in Trials

for Treason.

[344] W. Harrington to Sir G. Treby, February 20, 1679. Fitzherbert

MSS. 14. Thomas Ward to Sir J. Williamson, November 15. Sir Francis

Chaplin to same, November 30. Henry Layton to same, December 9, 1678.

S.P. Dom. Charles II 407; i. 108, 167; ii. 117. George Beckett, vicar

of Castham, to Sir Peter Pindar at Chester, October 28. Examination

of same, November 4, 1678. Longleat MSS. Coventry Papers xi. 229. Dr.

Henry Corneil to Sir J. Williamson, December 23, 1678, January 20,

1679. S.P. Dom. Charles II 408: ii. 59; 411: 69.

[345] Add. MSS. 32095: 160. S.P. Dom. Charles II 408: i. 36.

[346] Longleat MSS. Coventry Papers xx. 120–130. S.P. Ireland 339.

Carte, _Life of Ormonde_ 477–481.

[347] S.P. Dom. Charles II 407: i. 268. _Parl. Hist._ iv. 1034. John

Verney to Sir R. Verney, June 12, 1679. Verney MSS. 472. Barillon,

April 19/May 1, June 12/22, 1679. And see Klopp ii. 193.

[348] Burnet ii. 179. Add. MSS. 28042: 19. See Appendix C.

[349] Klopp i. 26.

[350] Foley v. 95, 96.

[351] Ranke v. 233. Das papistische Complot erscheint als ein Symptom

der zwischen den Bekenntnissen wieder angeregten heftigen Antipathien.

Schwerin, _Briefe_ 330. Es sei nun an dieser Conspiration viel oder

wenig, so ist es doch gewiss, dass diese Nation sowohl gegen die

Papisten als gegen Frankreich—dem es besonders beigemessen wird—von

neuem erbittert wird.

[352] L.J. xiii. 408. Airy, _Charles II_ 70.

[353] Warner MS. hist. 29 from _Gazette de Hollande_, November 22,

1678. Schwerin, _Briefe_ 340, 348. Duchess of York to Duke of Modena,

November 3, November 24, December 16, 1678. Ronchi, January 20,

February 23, November 21, 1679. Campana de Cavelli i. 229, 236, 239,

240, 242. Warner MS. Letter book, December 3, December 30, 1678.

Fitzherbert MSS. 12. House of Lords MSS. 39, 126. Foljambe MSS. 123.

L.J. xiii. 482, 485, 502, 512. Foley v. 21, 23, 80, 482–488, 915, 965,

966. 8 State Trials 532, 533.

The internuncio at Brussels acutely noted as the three causes of the

feeling aroused—“l’odio de’ Protestanti, gli amatori di novità, e li

nemici della casa Reale.” October 30/November 9, 1678. Vat. Arch. Nunt.

di Fiandra 66.

[354] 7 State Trials 995.

[355] 7 State Trials 959–1043, 1162–1183. C.J. December 16, 1680.

_Narrative of Lawrence Mowbray_ 1680. _Narrative of Robert Bolron_

1680. Depositions from York Castle, Surtees Society xl. 1861. Foley v.

759–767. _The Month_ xviii. 393.

[356] Foley v. 19, 21. Warner MS. history 29. Misera Catholicorum

omnium conditio, maxime vero Jesuitarum, quos et communia mala et

omnium insuper invidia gravabat, etiam apud simul patientes. _Ibid._ 36.

Maxime odiosum Jesuitarum nomen, sacerdotibus etiam et saecularibus et

regularibus et ipsis Catholicis laicis, quod ab iis orta feratur ista

saevissima tempestas quae totam religionem Catholicam evertet.

[357] Brosch 432.

[358] S.P. Dom. Charles II 411: 87, a paper endorsed by Sir Joseph

Williamson, “25 January, 78/9. Gavan the priest. Information, etc.”

_Ibid._ 92. “It was Sir William Waller who, by a warrant from the

council, seized Gavan in Count Wallenstein the Imperial ambassador’s

stables in bed.” Foley v. 454. Le Fleming MSS. 155.

[359] See above 53.

[360] Di Brusselles dal Sig^r Internuncio, March 20/30, 1680. Vat.

Arch. Nunt. di Fiandra 66. S.P. Dom. Charles II 413: 252. Order in

Council for a passport for Henry, Duke of Norfolk, May 26, 1680.

[361] 7 State Trials 496. Foley v. 460.

[362] Sidney’s diary in Sidney’s _Charles II_ i. 82, 163, 165, 166,

174–176. Sidney, _Letters_ 154. _Domestic Intelligence_, September 26,

1679. C.J. March 26, 1681. Foley v. 80, 81, 460–467. Burnet ii. 228.

It has been supposed that John Sergeant who bore witness against

Gavan was a different person from the eminent controversialist of

the same name (see his life in _Dict. of Nat. Biog._ by Mr. Cooper).

His identity is however placed beyond question by the advertisement

in the _Domestic Intelligence_ above cited, by despatches of Roman

ecclesiastics which refer to “il Dottore Sargentio” without hinting at

any change of person, and by the indignant exclamation of Warner (MS.

hist. 132), “et, proh dolor! Johannes Sergeantius et David Mauritius”

in speaking of the witnesses for the Plot. So too Luttrell (_Brief

Relation_ i. 21): “One Sergeant, a secular (who hath writ against

Dr. Stillingfleet), is expected from Holland, and ’tis said he will

discover several matters about the plot.” The letter of the internuncio

from Brussels of March 20/30, 1680 contains the following passage: Ho

pregato S. A. di discorrere opportunamente col Sig^r Duca d’Jorch,

excitandolo ad opporsi ad ogni tentativo che potesse tentarsi dal Frate

Valesio, e delli Dottori Sergeant e Mauritio accioche non si propongà a

Catt^{ci} il giuramento di Fedeltà, gia censurato dalla S. Sede, ò non

se ne inventi nuova formula che non sia precedentemente approvata da S.

B^{ne} quale ho assicurato esser per mostrarsi sempre propenso verso le

convenienze di S. A. Reale. Vat. Arch. Nunt. di Fiandra 66.

[363] Di Brusselles del Sig^r Internuncio, April 28/June 8, 1680.

Circa il giuramento di fedeltà condannato altre volte dalla S. Sede,

e pur troppo vero che il Sig^r Duca di Jorch lo presto anni sono,

sedotto dall’ esempio di molti allevati nella Religion Catt^{ca} e non

informato che lo stesso fosse stato prescritto da Sommi Pontifici. Vat.

Arch. Nunt. di Fiandra 66.

[364] Di Brusselles dal Sig^r Internuncio, August 16/26, August

22/September 2, 1679. Vat. Arch. Nunt. di Fiandra 66.

[365] See below in Trials for Treason. 7 State Trials 617. Burnet ii.

196–198.

Thomas Jennison, S.J., died in Newgate on September 27, 1679.

[366] See below in Trials for Treason.

[367] 7 State Trials 1049. Dangerfield’s _Particular Narrative_ 1–7.

_Malice Defeated: or a Brief Relation of the Accusation and Deliverance

of Elizabeth Cellier_ 12, 13, 28. Col. Mansell’s _Exact and True

Narrative_ 7, 60.

[368] Dangerfield’s _Narrative_ 8. _Malice Defeated_ 13, 39. Mansell’s

_Narrative_ 39, 47, 60, 69.

[369] Mansell’s _Narrative_ 43, 53, 54, 69. _Malice Defeated_ 13, 14.

Dangerfield’s _Case_ 2. North, _Examen_ 268.

[370] Dangerfield’s _Narrative_ 30–36. _Malice Defeated_ 14. Mansell’s

_Narrative_ 57, 58, 62. North, _Examen_ 267.

[371] Dangerfield’s _Narrative_ 37–49. Dangerfield’s _Information_

1680. _Malice Defeated_ 14–18. Mansell’s _Narrative_ 18–40.

[372] Ferguson, _Growth of Popery_ ii. 265. Sidney, _Letters_ 152, 153.

Halstead, _Succinct Genealogies_ 434–437. North, _Examen_ 261, 262. And

see Burnet ii. 244, 245. Hatton Correspondence v. 201, 202.

[373] _Malice Defeated_ 15. Examination of Anne Blake, Mansell’s

_Narrative_ 41.

[374] _Malice Defeated_ 15.

[375] Barillon, November 27/December 7, 1679.

[376] See below in Shaftesbury and Charles. Dangerfield’s _Narrative_

30.

[377] Dangerfield’s _Narrative_ 39.

[378] Traill shews the absurdity neatly, though he makes the mistake of

joining Mrs. Cellier with Dangerfield. _Shaftesbury_ 154.

[379] 7 State Trials 1043–1111.

[380] Mansell’s _Narrative_ 40.

[381] Barillon, November 27/December 7, 1679. Sidney’s _Diary_, October

7, October 14, in Sidney’s _Charles II_ i. 181, 185.

[382] _Parl. Hist._ iv. 1029, 1030.

[383] Dartmouth MSS. 36.

[384] Sir W. Temple to the Earl of Essex, October 25, 1673. Essex

Papers. Burnet ii. 31. James (Or. Mem.) i. 530, 536, 537. _Clarendon

Cor._ ii. 467–471. Brusselles Dal. Sig^r Internuncio, March 8/18, 1679.

Vat. Arch. Nunt. di Fiandra 66.

[385] Barillon, July 19/29, October 4/14, 14/24, 21/31, 1680.

[386] James to Col. Legge, December 11, 1679, January 25, December 14,

1680. Dartmouth MSS. 40, 47, 55. James i. 657.

[387] James i. 550, 551.

[388] Temple i. 382.

[389] Barillon, October 21/31, 1680.

[390] James i. 554, 556, 574, 659, 660. Dartmouth MSS. 35, 36, 39, 41,

45, 47, 58. Savile Foljambe MSS. 134, 135.

[391] James to Col. Legge, May 28, 1679, Dartmouth MSS. 33, 34.

[392] James to the Prince of Orange, May 14, May 29, June 1, 1679.

Savile Foljambe MSS. 129–131. To Col. Legge, July 22, Dartmouth MSS.

36. And see James (Or. Mem.) i. 551.

[393] _E.g._ Dartmouth MSS. 38, 42, 46, 54.

[394] Barillon, July 1/11, July 24/August 3, October 21/31, 1680.

[395] Campana de Cavelli i. 302, 304.

[396] Vat. Arch. L’Abb^e G. B. Lauri a S. Em.3^a October 23/December

2, 1678. Nunt. di Francia 332. Di Brusselles dal Sig^r Internuncio.

May 24/June 3, 1679. Nunt. di Fiandra 66. Add. MSS. 32095: 196. See

Appendix C.

[397] Barillon, August 9/19, September 20/30, October 21/31, 1680.

[398] Vat. Arch. Di Brussells dal Sig^r Internuncio, June 7/17,

September 6/16, October 18/28, November 15/25, 1679. Nunt. di Fiandra

66.

_Ibid._ July 30/September 9. La sera però di detto giorno fattomi

introdurre nel suo gabinetto (del Duca d’Yorch), m’incarico di dar

parte del successo a S. B^{ne}, e di confermargli nuovamente che in

ogni luogo e stato havrebbe sempre vissuto figlio obedientissimo della

S. Sede, e che nell’ animo suo a qualsivoglia altra consideratione o

interesse havrebbe prevaluto il riguardo di conservare la fede, e di

propagarla per quanto sarà in suo potere.

[399] Foley v. 152, 157.

[400] _Absalom and Achitophel_ 114–117, 134–141.

[401] Ranke v. 186.

[402] John Verney to Sir R. Verney, May 19, 1677. “The people about

town call this the Pump Parliament, alluding, as a little water put

into a pump fetches up a great deal, so, etc.” Verney MSS. 469, and see

_The Pump Parliament_ by Sir Charles Sedley.

[403] Ranke v. 201, 220. _Parl. Hist._ iv. 861–863. C.J. April 4, 1677.

Ralph i. 310–314, 318. Andrew Marvell, _Growth of Popery_, Part I. 149.

[404] Burnet ii. 155.

[405] Burnet ii. 179. Barillon, September 30/October 10, 1678.

[406] Sir Edward Carteret provided his rooms at the rent of £60 a year.

[407] _Secret Services of Charles II and James II_ 3–15. I do not know

if the very comic accounts said to have been presented by Oates and

Bedloe are authentic (L’Estrange, _Brief Hist._ iii. 121–124. Lingard

xii. 363). They are not inconsistent with the men’s character, but

L’Estrange was quite capable of having invented them. In any case they

were not paid.

[408] State Trials vii. 796, ix. 489, 490, x. 134, 136, 137, 1275,

1299. Reresby, _Memoirs_ 196. Evelyn, _Diary_ October 1, November 15,

1678. Smith, _Intrigues of the Popish Plot_. Luttrell, _Brief Relation_

i. 112. North, _Examen_ 223. _Lives of the Norths_ ii. 180. Hatton

Correspondence i. 198. Sitwell, _First Whig_ 43, 44. I am indebted to

Sir George Sitwell for some of these references, and have ventured to

quote a portion of his admirable description, some strokes of which

however are drawn from sources not beyond doubt. The epithet applied to

the Pope is from “Rawleigh Redivivus.”

[409] Grey, _Debates_ vi. 296. Barillon, November 25/December 5, 1678.

L.J. xiii. 389–392. C.J. November 28, 29, December 6, 7. Danby’s notes

of Oates’ examination, November 25. Add. MSS. 23043: 5. James to the

Prince of Orange, November 26, 1678. Foljambe MSS. 125. See too House

of Lords MSS. 66. Lord Ossory to the Duchess of Ormonde. Hist. MSS.

Com. Rep. vi. App. 723. James (Or. Mem.) i. 529. Burnet ii. 173, 174.

Even Oldmixon did not believe the accusation. _History of the House of

Stuart_ 618.

[410] Burnet i. 470–474. In 1671 Burnet propounded the questions; “Is

a woman’s barrenness a just ground for divorce or polygamy; and is

polygamy in any case lawful under the Gospel?” The answer to both was

in the affirmative.

[411] Sarotti describes him as “un cadavere spirante.” December 12/22,

1679.

[412] Burnet i. 474, ii. 180. North, _Examen_ 186. Airy, _Charles

II_ 137, 138, 230. The relations between the king and queen became

much better about this time in consequence, one may imagine, of these

intrigues. Countess of Sunderland to Henry Sidney, August 15, 1679:

“The Queen, who is now a mistress, the passion her spouse has for her

is so great....” Sidney’s _Charles II_ i. 86.

[413] Pepys, _Diary_ December 24, 31, 1662. Burnet i. 469, 470.

[414] Barillon, April 28/May 8, May 5/15, 1679. Temple i. 421, 423,

426, 429. MS. diary of Lord Keeper Guildford, Dalrymple ii. 322. Burnet

ii. 233. Foxcroft, _Life of Halifax_ i. 173–178. Hatton Correspondence

v. 192.

[415] Sidney, _Letters_ 52, 53.

[416] _Ibid._

[417] Ralph i. 434. North, _Examen_ 86. Sidney, _Letters_ 52, 90.

[418] Burnet ii. 235. _Parl. Hist._ iv. 1130. North, _Examen_ 79. This

story may be accepted, since North probably had it from his brother the

Chief Justice. And see Sidney’s _Charles II_ i. 5, where Henry Sidney

states that Charles supported Lauderdale at the council.

[419] Barillon, June 12/22, 1679. Sidney, _Letters_ 95–97, 104–107,

112–113. Temple i. 420, 427, 428. North, _Examen_ 81, 82. Burnet ii.

234, 235, 239. S.P. Dom. Charles II 412: 26. Sunderland to Essex, July

1679, 262. Essex to the King, July 21, 1679.

[420] Sitwell, _First Whig_ 70.

[421] MS. diary of Lord Keeper Guildford, Dalrymple ii. 322, 323.

North, _Examen_ 571–575. _Parl. Hist._ iv. App. ix. Ralph i. 476, 477,

483. Sitwell, _First Whig_ 83–89. And see the trial of Benjamin Harris,

the publisher of the Appeal, 7 State Trials 925. Wilson, _Life of

Defoe_, chap. i. Defoe, _Review_ ix. 152. “As to handing treasonable

papers about in coffee-houses, everybody knows it was the original of

the very thing called a coffee-house and that it is the very profession

of a coffee-man to do so, and it seems hard to punish any of them for

it.”

[422] Sitwell, _First Whig_, 87, 88.

[423] Barillon, September 4/14, 1679. Temple i. 433. Countess of

Sunderland to Henry Sidney, September 2. Henry Savile to Henry Sidney,

September 11, 1679. Sidney’s _Charles II_ i. 122, 140. Sidney,

_Letters_ 143. Ralph i. 477.

[424] Barillon, July 3/13, 1679, January 12/22, 1680. Dangerfield’s

_Particular Narrative_ 30, 60. _The Case of Thomas Dangerfield_ 5.

Mansell’s _Exact and True Narrative_ 62. Grey, _Debates_ vii. 358, 359,

viii. 136–149. _Gazette_, No. 1476. Ralph i. 496, 497. _Parl. Hist._

iv. 1233. Le Fleming MSS. 174.

[425] Burnet ii. 242. Carte, _Life of Ormonde_ ii. 493. Barillon,

September 4/14, 11/21, 15/25, 1679. Temple i. 433–438. Foljambe MSS.

137, 138. Foxcroft, _Life of Halifax_ i. 189–191. _Gazette_ 1449. S.P.

Dom. Charles II 412: 24. Conway Papers, September 11, 1679. Airy,

_Charles II_ 245. James (Or. Mem.) i. 566, 570–580.

[426] James (Or. Mem.) i. 563. James to the Prince of Orange, Foljambe

MSS. 137. Burnet ii. 243. Hatton Correspondence i. 194. Barillon,

September 15/25. December 1/11, 1679.

[427] Dal. Sigr. Internuncio Brusselles, June 8, 1679. Arch. Nunt. di

Fiandra 66. Ferguson, _Growth of Popery_, Part II. 276.

[428] Barillon, December 1/11, 8/18, 1679. Sidney, _Letters_ 165.

Charles Hatton to Lord Hatton, November 29, 1679. Hatton Correspondence

i. 203. Ralph i. 484, 497.

[429] Sidney, _Letters_ 143, 144.

[430] Temple i. 441. Ralph i. 490–494. Le Fleming MSS. 165. North,

_Examen_ 541–548. Defoe, _Review_ vii. 296.

[431] Barillon, December 11/21, 15/25, 18/28, 1679. James i. 581.

[432] Barillon, January 8/18, 12/22, 15/25, 19/29, January 29/February

8, March 11/21, 1680. James (Or. Mem.) i. 587. Ralph i. 494.

[433] The declaration was made twice, on January 6 and March 3, 1679.

[434] The author was probably Ferguson. Sec Sprat’s _History of the

Ryehouse Plot_, where a printer’s bill made out to him is printed in

the appendix, one item of the bill being for the Letter. The pamphlet

was published on May 15, 1680.

[435] S.P. Dom. Charles II 413: 103, 105, 107, 118, 120, 131, 132, 229,

231. Informations and examinations concerning the Black Box. _Gazette_,

Nos. 1507, 1520. Somers Tracts viii. 187–208. James I 589.

[436] Barillon, June 28/July 8, July 1/11, 8/18, 1680. 8 State Trials

179. Burnet ii. 300.

[437] S.P. Dom. Charles II 413: 75, Lord Massareen to Lord Conway. 76,

Francis Gwyn to same, March 23, 1680. Barillon, March 25/April 4, May

17/27, 20/30, July 1/11. Countess of Sunderland to H. Sidney, May 18,

1680. Sidney’s _Charles II_ ii. 60. Luttrell, _Brief Relation_ i. 38.

[438] William Harbord to H. Sidney, April 1680. Sidney’s _Charles

II_ ii. 23. Countess of Sunderland to same, April 16. Sir L. Jenkins

to same, _circa_ May 20. Sir W. Temple to same, April 27. Sidney’s

_Diary_, May 25. _Ibid._ 52, 53, 64, 66. Barillon, October 7/17, 1680.

[439] Barillon, December 1/11, 11/21, 1679, January 5/15, April 5/15,

July 1/11, 1680. S.P. Dom. Charles II 413: 82. Sir James Butler to Lord

Craven, March 25, 1680. Temple i. 450. Sir L. Jenkins to Henry Sidney,

July 24, 1680. Sidney’s _Charles II_ ii. 86. A concise account of the

extreme difficulties of the time may be found in a letter from Henry

Sidney to the Prince of Orange, October 7, 1680. Groen van Prinsterer

v. 422.

[440] Ralph i. 502, 503. Groen van Prinsterer v. 428. Burnet ii. 253.

Barillon, October 21/31, 1680. James (Or. Mem.) i. 591–600. And see

Somers Tracts viii. 137. _Articles of Impeachment against the Duchess

of Portsmouth._

[441] _Parl. Hist._ iv. 1118, 1160–1175, 1291. Beaufort MSS. 112.

Burnet ii. 212, 256. Temple i. 421. Foxcroft, _Life of Halifax_ i. 154,

208, 224, 236. Ralph i. 444. Groen van Prinsterer v. 435, 437.

[442] _Parl. Hist._ iv. 1175–1215. L.J. xiii. 666. Barillon, November

18/28, 1680. James (Or. Mem.) i. 617, 618. Temple i. 453. Halstead,

_Succinct Genealogies_ i. 204. Reresby, _Memoirs_ 192, 197. Burnet ii,

259. Foxcroft, _Life of Halifax_ i. 246–249. James to the Prince of

Orange, November 23, 1680, Groen van Prinsterer v. 440.

[443] _Parl. Hist._ iv. 1215–1295. Reresby, _Memoirs_ 191, Groen van

Prinsterer v. 444.

[444] Sitwell, _First Whig_ 142. S.P. Dom. Charles II 414: 101, Robert

Ferguson to his wife, August 14, 1680. 243, Hugh Speke “for Mr. Charles

Speke at Whitelackington.” 275, James Holloway to the Earl of Essex,

December 14, 1680.

[445] Charles’ actual words are in doubt, but it is certain that he

received the deputation coldly and sent it away unsatisfied.

[446] “Instructions for members of Parliament summoned for March 21,

1681, and to be held at Oxford.”

[447] North, _Examen_ 100–102. Reresby, _Memoirs_ 204. S.P. Dom.

Charles II 415: 37. Answer of the Earl of Essex, January 27, 1681.

66, The Earl of Craven’s proposition, February 14, 1681. “About the

disposing of the king’s forces.” 126, Information of Mr. John Wendham

of Thetford against Wm. Harbord, M.P. 156, Quarters of his Majesty’s

forces, March 22, 1681. Luttrell, _Brief Relation_ i. 70. Ralph i. 562,

563. Sitwell, _First Whig_ 144, 145. Klopp II. 308. And see the trial

of Stephen Colledge 8 State Trials 549–724.

[448] Barillon, January 13/23, 1679.

[449] Barillon, _passim_. There was however talk of the negotiations in

diplomatic circles. Brosch 452.

[450] North, _Examen_ 104, 105. Barillon March 28/April 7, 1681.

Beaufort MSS. 83. Reresby, _Memoirs_ 207–211. Ralph i. 570–580. _Parl.

Hist._ iv. 1298–1339. Airy, _Charles II_ 257. Ailesbury, _Memoirs_ i.

57. Luttrell, _Brief Relation_ i. 72. “Some are pleased to call it the

Jewish Parliament, it being dissolved on the eighth day, alluding to

that people’s manner of circumcision on the eighth day.”

[451] Lord Grey’s confession 12, 13, 14. North, _Examen_ 105.

[452] It is remarkable that every one thought he understood Charles

and that most who opposed him paid in the end the penalty of their

mistake by failure. Only the most acute indeed were able to realise

the strength of the character which they began by thinking weak.

Thus Courtin believed that Charles could do nothing but what his

subjects wanted. Jusserand, _A French Ambassador_ 150. Barillon, with

the possible exception of Gremonville, the ablest of Louis XIV’s

diplomatists, whom Ranke compares to the Spanish ambassador Mendoza of

the time of the League, thought when he first came to England that he

could in every instance measure Charles’ weight in the balance. Before

the Popish Plot had ceased its course, he perceived that he could not.

He writes on January 15/25, 1680: Il est fort difficile de pénétrer

quel est dans le fonds son véritable dessein. Again on September 9/19

of the same year; Le Roi de la Grande Bretagne a une conduite si

cachée et si difficile à pénétrer que les plus habiles y sont trompés.

And again on January 13/23, 1681: Je ne puis encore expliquer aver

certitude à V.M. l’état des affaires de ce pays-ci. Ceux qui approchent

de plus près du Roi d’Angleterre ne pénètrent point le fonds de ses

intentions. See too Burnet II 409 n. 3, 467 n.

[453] If Pemberton is counted.

[454] Pilgrimage of Grace; Insurrection in West; Kent; Wyatt; Rising in

North; Essex; Penruddock; Booth, 1659; Venner; Monmouth.

[455] See the evidence of Lord Ferrers against Southall at the trial of

Lord Stafford. 7 State Trials 1485.

[456] Dalton, _Justice_, quoted Stephen, _History of the Criminal Law_,

i. 195. Temp. James I.

[457] Colquhoun, _Treatise on the Police of the Metropolis_, quoted

Stephen i. 195.

[458] Ralph i. 399. See also the Statutes: 13 C. II c. 6, 14 C. II c.

3, 15 C. II c. 4.

[459] 6 State Trials 566–630.

[460] £1000 was stolen in cash, and over £2000 in jewelry.

[461] 6 State Trials 572–575.

[462] By two Germans and a Pole, acting, it was said, under orders from

Count Königsmark, who had been courting Mr. Thynne’s bride.

[463] Reresby, _Memoirs_ 235, 236.

[464] Reresby, _Memoirs_ 281, 282.

[465] This was the recognised appellation of a J.P. in the seventeenth

century.

[466] House of Lords MSS. 39, under date May 29, 1679.

[467] 7 State Trials 1471.

[468] 8 State Trials 525–550.

[469] Gilbert’s evidence, _ibid._ 531–534.

[470] 8 State Trials 531.

[471] _Ibid._ 532.

[472] Foley v. 891. House of Lords MSS. 89. See also Fitzherbert MSS.

18, 19.

[473] Foley v. 34. House of Lords MSS. 89.

[474] Foley v. 883.

[475] “A true narrative of the imprisonment and trial of Mr. Lewis,”

written by himself. Foley v. 917–928. His account of the trial is

inserted in 7 State Trials 249–260.

[476] Foley v. 885. 7 State Trials 249, 252.

[477] Foley v. 96. Catalogue of those who suffered in Oates’ Plot and

on account of their priesthood, taken from Dodd and Challoner.

[478] 7 State Trials 1131.

[479] Ralph i. 570.

[480] See Appendix D, where Giles’ trial is discussed. Lawrence Hyde to

the Prince of Orange, April 16, 1680. “This I say is a very unfortunate

accident to revive men’s fears and apprehensions of the Plot, which

were pretty well asleep, but there is no care or watchfulness can

prevent the folly and wickedness of men that are so given to it.” Groen

van Prinsterer v. 395.

[481] See Stephen i. 228.

[482] 7 State Trials 1397–1399.

[483] Southall’s evidence. 7 State Trials 1467–1471.

[484] For the following paragraph I have used Gardiner’s _History of

England_ iii. 1–27.

[485] Essay of Judicature.

[486] This rule was not without exception. Baron Flowerdue, raised to

the bench in 1684, held office _quamdiu se bene gesserit_. (Prothero,

_Statutes and Constitutional Documents_ 143). And we learn from Coke

(Inst. iv. 117) that the Chief Baron always held office on a permanent

tenure (Prothero cviii.). Of course it made no difference, for good

behaviour in the eyes of the king, with whom the decision rested, was

likely to have much in common with his good pleasure.

[487] Gneist, _Constitutional History of England_ (trans. Ashworth) 550.

[488] Clarendon, _Hist. Reb._ (Oxford, 1826) i. 123, 124.

[489] Gneist 552 n. See _Gardiner_ viii. 208.

[490] Gardiner ix. 246, 247. Gneist 555.

[491] L.J. May 6, 1641. _Parl. Hist._ ii. 757.

[492] In a somewhat similar case the judges under Charles II refused

to give an opinion until the matter had been argued before them by

counsel. The Attorney-General, among other questions put to the judges

at the outbreak of the agitation of the Popish Plot, asked “Whether

there be any evidence against these particular persons besides the

single testimony of Mr. Oates?” To which it was answered that it was

a question of fact, and could only be determined in court. S.P. Dom.

Charles II 407: i. 128.

[493] Gardiner ix. 306, 307. Gneist 555 n. Hallam (ii. 107) attempts to

uphold the judges’ decision, but Stephen’s argument (i. 362, 363) must

be held to settle the question.

[494] Gneist 570 n. (2).

[495] 4 State Trials 445–450.

[496] Foss, _Judges of England_ vii, 109, 110. Burnet, _Life and Death

of Sir Matthew Hale_. Mr. J. M. Rigg in his article on Hale in the

_Dictionary of National Biography_ doubts the truth of this on the

ground that Penruddock was tried at Exeter, and Hale belonged to the

Midland circuit. Hale however changed his circuit on at least one

occasion. See Foss vii. 112, and the _Gentleman’s Mag._, July 1851, p.

13, where an anecdote is told which shows that Hale had belonged at one

time to the Western circuit.

[497] North, _Life of Lord Keeper Guildford_ 119. Dryden, _Prose Works_

(ed. Malone) iv. 156.

[498] Gneist 600 n. (2).

[499] 6 State Trials 951–1013.

[500] See also Hallam iii. 8. Stephen i. 373–375.

[501] Hale, P.C. i. 143–146.

[502] Compare the attempt to create a riot among the apprentices in

July 1679, immediately after the trial of the Five Jesuits.

[503] _Parl. Hist._ iv. 803. Ralph i. 297. North, _Examen_ 139.

[504] Amos, _The English Constitution in the Reign of Charles II_ 302.

[505] _Gazette_, May 5, 1680.

[506] 7 State Trials 926–931.

[507] _Ibid._ 1111–1130.

[508] Twyn and two other printers were sentenced to the pillory,

imprisonment, and heavy fines. Amos 249. 6 State Trials 513–539. See

also the trials of Dover, Brewster, and Brooks, which followed on

Twyn’s case, _ibid._ 539–564.

[509] April 30 to November 28, 1684. Luttrell, _Diary_, printed 10

State Trials 125–129.

[510] _Clarendon Correspondence_ i. 2.

[511] 8 State Trials 193, _i.e._ as resembling the opinions of 1641.

[512] Gneist 600 n.

[513] 8 State Trials 194.

[514] 7 State Trials 1556–1567.

[515] In this I have constantly used, as will be seen, Sir J. F.

Stephen’s _History of the Criminal Law in England_ (vol. i., especially

chapters viii. and xi.), a work to which I am under the deepest

obligations.

[516] _History of England_ i. 125.

[517] See the trial of Ireland, Pickering, and Grove. 7 State Trials

126–129, and 10 State Trials 1087.

[518] See Raleigh’s Trial, 2 State Trials 18. Jardine, _Crim. Trials_

421, where the court decided unanimously against Raleigh’s repeated

demand for the production of Lord Cobham, not, according to Sir James

Fitzjames Stephen’s opinion, without fair colour of law. _Hist. Crim.

Law_ i. 335, 336.

[519] 1 State Trials 869.

[520] Not indeed without grievous consequences to themselves. Being

brought to question for their verdict, four of them submitted and

apologised at once. The remainder were imprisoned by order of the Star

Chamber and fined heavily. Stephen i. 329.

[521] 1 State Trials 957–1042.

[522] Stephen i. 326.

[523] _Ibid._ 336, 350.

[524] 2 State Trials 25.

[525] 4 State Trials 354–356.

[526] 5 State Trials 1185–1195.

[527] 6 State Trials 932–936.

[528] _Ibid._ 938.

[529] 6 State Trials 697.

[530] 6 State Trials 605–610.

[531] 7 State Trials 591–688. And see below 93 _seq._

[532] See Lilburn’s Trial. 4 State Trials 1342.

[533] Stephen i. 358.

[534] Trial of Hulet, who was said to have been the actual executioner

of Charles I. 5 State Trials 1185–1195. In summing up, Sir Orlando

Bridgeman, L.C.S., said to the jury:—“Gentlemen, you hear what has been

proved on behalf of the prisoner, that is, if you believe the witnesses

that are not upon oath.” Hulet was convicted, but the evidence was

thought so unsatisfactory that the judges afterwards procured a

reprieve.

[535] See the Lord Chief Justice’s remarks on the witnesses for the

Five Jesuits. 7 State Trials 41. As to the amount of truth in the

allegation see below.

[536] At the trial of Colledge:—Sergeant Maynard: “It is Mr. Oates’

saying; it is Mr. Turbervile’s oath.” 8 State Trials 638.

[537] See _e.g._ the statement of Hyde, L.C.J., at Twyn’s trial in

1663. L.C.J.: “If I did not mistake, you desired to have counsel; was

that your request?” Twyn; “Yes.” L.C.J.: “Then I will tell you, we are

bound to be of counsel with you in point of law; that is, the court,

my brethren and myself, are to see that you suffer nothing for your

want of knowledge in matter of law; I say we are to be of counsel with

you.... To the matter of fact, whether it be so or no; in this case

the law does not allow you counsel to plead for you, but in matter of

law we are of counsel for you, and it shall be our care to see that

you have no wrong done you.” 6 State Trials 516, 517. See also the 5th

Resolution in the case of Sir Harry Vane. 6 State Trials 131.

[538] See _e.g._ Coleman’s trial. 7 State Trials 14. L.C.J.: “The

labour lies upon their hands, ... therefore you need not have counsel,

because the proof must be plain upon you.” See also Don Pantaleon Sa’s

case. 4 State Trials 466.

[539] See Colledge’s trial. L.C.J. North: “Counsel you cannot have,

unless matter of law arises, and that must be propounded by you; and

then if it be a matter debatable, the court will assign you counsel;

but it must be upon a matter fit to be argued.” 8 State Trials 570.

Similarly Jones, J., _ibid._ 571.

At Sidney’s trial Jeffreys, L.C.J.: “If you assign any particular point

of law, then, if the court think it such a point as may be worth the

debating, you shall have counsel.”

[540] 8 State Trials 579.

[541] See Burnet ii. 196, 291. Pepys, _Diary_ January 21, 1667. North,

_Life of Guildford_ 195, 196, 291.

[542] 6 State Trials 570.

[543] 7 State Trials 463.

[544] 7 State Trials 1339. That the barristers withdrew is evident from

Winnington’s subsequent remark: “We did perceive his counsel come up

towards the bar and very near him, and therefore we thought it our duty

to speak before any inconvenience happened.” _Ibid._ 1340.

[545] Sir W. Jones: “My Lords, we do not presume at all to offer our

consent to what time the court shall be adjourned.” L.H.S.; “No, we do

not ask your consent.”

[546] 7 State Trials 1371–1373.

[547] 7 State Trials 1544.

[548] The trial of Hawkins for theft in 1669 is of great interest in

this connection. It was evidently considered to be an extreme piece

of good fortune that the accused was able to prove the conspiracy

against him, and it was only owing to the folly and clumsiness of the

prosecutor that he could clearly prove the perjury. 6 State Trials

922–952.

[549] Sometimes this gave rise to great hardship, as in Oates’ second

trial for perjury, where a witness named Sarah Paine was summoned, but

the wrong Sarah coming, the mistake was not detected until she was put

in the witness-box. 10 State Trials 1287.

[550] This however was considered rather unfair at the time. See the

case of Atkins. 6 State Trials 1491. The action of the government and

the judges in Colledge’s case (8 State Trials 570–587) in depriving

the prisoner of papers which leave had been given him to write, that

the crown case might be managed accordingly, strained this practice

still further, and is justly termed by Sir J. F. Stephen “one of the

most wholly inexcusable transactions that ever occurred in an English

court.” _Hist. Crim. Law_ i. 406.

[551] This was certainly so in Newgate and the other London prisons,

but Reading’s intrigue with the Five Popish Lords seems to shew that

the rule was relaxed for the Tower. 7 State Trials 301.

[552] See the cases of Coleman and Fitzharris. Mrs. Coleman managed

to convey letters to her husband in prison after his arrest. House

of Lords MSS. 8. Mrs. Fitzharris also was used, according to the

information received by the government, to convey messages to her

husband from the leaders of his party. She used, while talking to him

in the presence of a warder, to lower her voice so that he alone could

hear, and then repeat the message in the middle of their ordinary

conversation. Information of Lewis the spy. May 30, 1681. S.P. Dom.

Charles II 415: 334.

[553] _Principles of Moral and Political Philosophy_ ii. 310.

[554] That this was recognised at the time is evident from the

attention which they received in the debates in the Commons on the Duke

of York. That on the Lords’ Provision in the Popery bill exempting

the duke was carried on amid cries of “Coleman’s letters! Coleman’s

letters!” 4 _Parl. Hist._ 1044. And see the whole of the Debate on

a Motion for Removing the Duke of York, where they had the greatest

weight. _Ibid._ 1026–1034.

[555] 7 State Trials 6.

[556] _Ibid._ 3, 4.

[557] _Ibid._ 7–13.

[558] See above 45–48.

[559] 7 State Trials 70.

[560] _Ibid._ 16, 17.

[561] _Ibid._ 18.

[562] _Ibid._ 22.

[563] 7 State Trials 18, 19.

[564] _Ibid._ 30–33.

[565] _Ibid._ 23, 31.

[566] _Ibid._ 25.

[567] Dryden, _Absalom and Achitophel_ 646: “Sunk were his eyes.”

Warner MS. history 104. “Oculi parvi et in occiput retracti.”

L’Estrange, _Hue and Cry after Dr. O._ “His eyes are very small and

sunk.”

[568] 7 State Trials 25.

[569] _Ibid._ 25–27.

[570] 7 State Trials 27–29. L.C.J.: “What did he (Oates) say?” Dolman:

“That he did not well know him.” L.C.J.: “Mr. Oates, you say you were

with him (Coleman) at the Savoy and Wild-House; pray, Sir Thomas, did

he say he did not know him, or had seen Mr. Coleman there?” Dolman: “He

did not know him as he stood there.” Dolben, J.: “Did he say he did not

know Mr. Coleman, or that he did not know that man?” Dolman: “He said

he had no acquaintance with that man (to the best of my remembrance).”

[571] 7 State Trials 29, 30.

[572] 7 State Trials 21.

[573] Oates’ work had certainly been remarkably hard, and his fatigue

was no invention of his own. See the evidence of Sir Thomas Dolman at

Sir George Wakeman’s trial. 7 State Trials 656. Oates was confronted

with Coleman, and charged him with high treason on the night of Monday,

September 30. Dolman: “My Lord, Mr. Oates did appear before the king

and council, I think on the Saturday before which was Michaelmas

eve. The council sat long that morning, the council sat again in the

afternoon, and Mr. Oates was employed that night I think to search

after some Jesuits, who were then taken, and that was the work of that

night. The council I think sat again Sunday in the afternoon. Mr. Oates

was then examined; the council sat long, and at night he was sent

abroad again to search the lodgings of several priests and to find out

their papers, which he did seize upon, and one of the nights in that

season was a very wet night; he went either with a messenger or with

a guard upon him. On Monday morning the council sat again, and he was

further examined, and went abroad; and Monday night Mr. Oates was in as

feeble and weak a condition as ever I saw man in my life, and was very

willing to have been dismissed for that time, for he seemed to be in

very great weakness and disorder, so that I believe he was scarce able

to give a good answer.”

The whole incident is very similar to that which occurred at Wakeman’s

trial, with the exception that then the evidence went against the

witness, whereas now it was against the prisoner. The conduct of the

court on the two occasions was perfectly consistent. _Ibid._ 651–653.

See below.

[574] _Hist. Crim. Law_ i. 385.

[575] Compare the trial of Whitebread, Harcourt, Fenwick, etc. When

Oates had finished his evidence, Fenwick said: “Pray, my Lord, be

pleased to take notice that this man’s evidence all along is that he

saw such and such letters from such and such persons. They have no

evidence but just that, they saw such and such letters.” 7 State Trials

358.

[576] 7 State Trials 21, 32.

[577] As in the case of Dangerfield. 7 State Trials 1110.

[578] 7 State Trials 359, 411.

[579] See above 293.

[580] Fox, _History of the Early Part of the Reign of James II_ 34.

[581] Gardiner, _History of England_ vii. 323–326.

[582] 6 State Trials 693.

[583] One of the women supposed to be bewitched.

[584] 8 State Trials 1021. _Lives of the Norths_ i. 167.

[585] An extraordinary instance of the nature of the ideas of the time

on the subject of evidence appears in an examination before the Lords’

committee of inquiry. Oates complained that the Bishop of Chichester

and Justice Bickley had reviled his evidence. A witness named Nicholas

Covert was examined: “says he was at the public meeting at Chichester,

but he remembers not that anything was said reflecting on Dr. Oates.

The discourse was concerning the Narratives, and somebody there said

that he had contradicted himself twenty-two times.” House of Lords MSS.

146. If a score of self-contradictions were not generally taken as an

objection to a witness, it is hard to imagine what would have been.

[586] _History of his own Time._ London, 1727, 386.

[587] Ralph i. 412.

[588] 7 State Trials 13.

[589] _Ibid._ 35–53.

[590] 7 State Trials 59, 60.

[591] Being asked what he had to say he returned again to the subject:

“As for my papers I humbly hope ... that I should not have been found

guilty of any crime in them but what the act of grace could have

pardoned.”... _Ibid._ 71.

[592] 7 State Trials 8.

[593] _Ibid._ 15.

[594] _Ibid._ 76.

[595] House of Lords MSS. 8, November 6, 1678.

[596] House of Lords MSS. 14.

[597] This misunderstanding is so extraordinary that I was tempted at

one time to adopt the theory that the prosecution was aware of the

existence of the later letters, and suppressed the knowledge from

motives of expedience. Certainly the managers of the prosecutions for

the plot were guilty of conduct which not only would now be thought

unprofessional, but was on any consideration highly suspicious, as for

instance in the suppression of the forged letters sent by Oates and

Tonge to Father Bedingfield (see Ralph i. 384. Sir G. Sitwell, _The

First Whig_ 36), and on a question of honesty simply the balance of

probability might turn against them. But the supposition cannot be

maintained. It was suggested at the time that, if the letters of the

years 1673, 1674, 1675 contained such dangerous matter as appeared from

their perusal, those of the three ensuing years must, had they been

found, have revealed still more horrible schemes. But the force of this

argument was not sufficient to afford a motive for taking the risk of

detection (Ralph i. 412). And although the personality of Shaftesbury,

by whom alone such a scheme could have been worked out, was of great

potency in the committee of the House of Lords, he hardly dominated it

so completely as to render the manœuvre practicable in the presence of

such men as Lord Anglesey, the Marquis of Winchester, and the Bishop of

Bath and Wells (House of Lords MSS. i.).

[598] See above 312. 7 State Trials 59.

[599] _Ibid._ 65.

[600] L.C.J.: “If the cause did turn upon that matter, I would be well

content to sit until the book were brought; but I doubt the cause will

not stand on that foot; but if that were the case it would do you

little good.” 7 State Trials 65.

[601] 7 State Trials 71.

[602] _Ibid._ 66–68. Besides this he said several other things, of

which mention will be made later.

[603] _Ibid._ 70.

[604] _Ibid._ 78. Luttrell, _Brief Relation_ i. 4. Burnet ii. 178.

[605] Burnet ii. 113.

[606] Evidence of Carstairs, 6 State Trials 1503.

[607] Macaulay, _Hist. of England_ i. 237. Lingard xiii. 107, 108.

[608] Hist. MSS. Com. Rep. 14. Appendix ii. 361. See also Fairfax

Correspondence. Civil Wars (ed. R. Bell) ii. 297. James Babington to

Henry Lord Fairfax, November 20, 1678. “Staley, the goldsmith’s son,

was tried to-day at the King’s Bench, and condemned.”

[609] Schwerin, _Briefe aus England_ 356. On December 2 (n.s.) he

notes: “Des Goldschmied’s Sohn, von dessen unbesonnenen Reden ich

bereits Mittheilung gemacht, ist gehangen und nachher geviertheilt

worden. Man hatte sich vorher überzeugt, dass er gesagt, dass der

König in England sei der grösste Ketzer und Schelm in der Welt. Darauf

hat er mit der Hand auf die Brust geschlagen, mit den Füssen fünf bis

sechsmal auf die Erde gestampft, und mit ausgestrecktem Arm gesagt.

Dies ist die Hand, die ihn hätte umbringen sollen, der König und das

Parlament glaubten, das alles gethan und vorbei sei, allein die Schelme

wären betrogen.” _Ibid._ 362. Barillon’s testimony is on the same

side: “Le témoin, sur la foi duquel Staley, fils d’un orrèvre, a été

condamné, a accusé le Duc d’Hamilton.” December 16/26, 1678. And Warner

(MS. history 40): “Primus, qui Catholico sanguine Angliam rigavit,

fuit Gulielmus Stalaeus, alterius Gulielmi auri fabri et trapazitae

Londiniensis civis divitis filius.” The act under which Staley was

condemned is 13 Charles II cap. i.

[610] House of Lords MSS. 77, 78.

[611] Burnet (ii. 171) speaks of Staley as “the popish banker, who had

been in great credit, but was then under some difficulties”; but this

is one of the rare mistakes he makes in point of fact.

[612] He disclaimed all such sentiments and did deny the words, but

afterwards said that he had “never with intention, or any thought or

ill-will, spake any word upon this matter.” 6 State Trials 1506, 1508.

[613] 6 State Trials 1509. Lingard (xiii. 108) states on the authority

of _Les Conspirations d’Angleterre_ that Fromante, who is there called

Firmin, was put into prison to prevent his appearance at the trial; but

the work is by no means above suspicion, and is directly contradicted

on the point. Large extracts from _Les Conspirations d’Angleterre_,

which was published in 1681 and is now extremely rare, are quoted by

Arnauld, _Œuvres_ xiv. 515–535. Arnauld says in a note: “C’est M.

Rocole, ancien chanoine de S. Benoit à Paris, qui en est l’auteur; mais

l’avertissement qui le fait paraître Protestant, n’est pas de lui.”

There is among the State Papers an order in council for the arrest of

Bartholemew Fermin for high treason on account of the Popish Plot, but

without date. S.P. Dom. Charles II 408; i. 110.

[614] 6 State Trials 1511, 1512.

[615] Foley v. 233, 234.

[616] _Ibid._ v. 12. Lingard xiii. 64. _True Narrative of the Horrid

Plot and Conspiracy_, lxxvii.

[617] Foley v. 233, 244, 245.

[618] _Ibid._ 223.

[619] 7 State Trials 91–101.

[620] _Ibid._ 101–104.

[621] _Ibid._ 105.

[622] 7 State Trials 105. L.C.J.; “You must be tried by the laws of

England, which sends no piece of fact out of the country to be tried.”

[623] There is much evidence to show this. The following instances

are from the same volume of the State Trials:—The Attorney-General

not allowed to read a certificate against the accused 129. Whitebread

not allowed to use Oates’ _Narrative_ 374. Fenwick, Whitebread, and

Harcourt not allowed to use the report of Ireland’s trial. Harcourt

was, in fact, mistaken on the point for which he wished to refer to the

report 360, 384–386. Lord Stafford not allowed to use the council book

as evidence 1440. See also 451, 462, 467, 654.

[624] 7 State Trials 106–108.

[625] On April 16, 1679. _Ibid._ 259–310, and see below.

[626] 7 State Trials 272, 295.

[627] _Ibid._ 392.

[628] _Ibid._ 117, 118. Sergeant Baldwin produced the letter, saying,

“We do conceive a letter from one of that party, bearing date about the

same time, concerning Mr. Whitebread’s summons, who was then master of

the company, is very good evidence against them.”

The prosecution was forced to retract, and Mr. Finch, the junior, was

made to eat his leader’s words: “My Lord, it can affect no particular

person, but we only use it in general.”

[629] 7 State Trials 120.

[630] 7 State Trials 315–317.

[631] Cf. Rookwood’s case 1696. Powell, J.: “Certainly now the jury is

charged, they must give a verdict either of acquittal or conviction.”

Sir T. Trevor, Att. Gen.: “I know what has been usually thought

of Whitebread’s case.” And the trial of Cook, 1696. Powell, J.:

“Whitebread’s case was indeed held to be an extraordinary case.” And

see 7 State Trials 497–500 n, where many instances and opinions adverse

to the decision of the court are collected.

[632] Hale, P.C. ii. 294. “By the ancient law, if the jury sworn had

been once particularly charged with a prisoner, it was commonly held

they must give up their verdict, and they could not be discharged

before their verdict was given up.... But yet the contrary course hath

for a long time obtained at Newgate, and nothing is more ordinary

than after the jury is sworn and charged with a prisoner and evidence

given, yet if it appears to the court that some of the evidence is

kept back, or taken off, or that there may be a fuller discovery and

the offence notorious, as murder or burglary, and that the evidence,

though not sufficient to convict the prisoner, yet gives the court a

great and strong suspicion of his guilt, the court may discharge the

jury of the prisoner, and remit him to the gaol for further evidence;

and accordingly it has been practised in most circuits of England, for

otherwise many notorious murders and burglaries may pass unpunished,

by the acquittal of a person probably guilty, where the full evidence

is not searched out or given.” “The whole law upon this subject,” says

Sir James Fitzjames Stephen, “was elaborately considered a few years

ago in R. _v._ Winsor (L.R. 1 Q.B. 289), when it appeared, from many

authorities, that the practice had fluctuated.” _Hist. Crim. Law_ i.

397.

[633] 7 State Trials 98.

[634] 7 State Trials 122–126.

[635] _Ibid._ 121, 122.

[636] _Ibid._ 124.

[637] 7 _Ibid._ 128.

[638] 10 State Trials 1243–1281.

[639] 7 State Trials 388–391.

[640] _Ibid._ 132.

[641] _Ibid._ 133–135.

[642] Stephen i. 399.

[643] 7 State Trials 138–141.

[644] 7 State Trials 142–144. Klopp II. 464, app. IV.

[645] Foley v. 58.

[646] See “An impartial consideration of these speeches,” etc., 1670,

attributed to John Williams, D.D. “Animadversions on the last speeches

of the Five Jesuits,” etc., 1679. Printed 7 State Trials 543.

[647] Burnet ii. 201.

[648] Sidney, _Letters_ 123, 124. The opinion of Ranke, who in his

writings was neither Catholic nor Protestant, lies midway between these

views: “Grässlich ist die lange Reihe von Hinrichtungen Solcher, die

nichts bekannten,” v. 235.

[649] “The examination of Captain William Bedloe deceased, taken in

his last sickness by Sir Francis North, Chief Justice of the Court of

Common Pleas.” Printed 6 State Trials 1493–1498.

[650] See Russell’s written Speech, printed at length, Ralph i. 755–757.

[651] Sitwell, _First Whig_ 153–158. And see Stephen i. 408, 409.

[652] Stephen i. 449. And see Burnet II. 303, 304.

[653] Above 328.

[654] See above 204–209.

[655] Longleat MSS. Coventry Papers xi. 363. Order of the king in

council, February 5, 1679.

[656] 7 State Trials 259, 287, 296.

[657] _Ibid._ 287–289, 292.

[658] So Bedloe swore 7 State Trials 271. Burnet (ii. 199) says that

Bedloe made use of Reading’s intrigue to cover his omission to swear

against the Jesuits in the previous December. But Reading never denied

the fact that Bedloe’s account of this part of the transaction was

correct.

[659] Presumably, from the absence of any Christian name, Mr. George

Speke of White Lackington, M.P. for Somersetshire, a more reputable

person than his sons Hugh and Charles. George Speke had been a royalist

and after the Restoration lived in retirement for many years, but,

following the example of his son-in-law, John Trenchard, turned against

the court and became a leader of the Whig interest in his part of the

country. In 1680 he entertained Monmouth during his western progress.

Fea, _King Monmouth_ 96.

[660] The date fixed first was March 28, and was afterwards altered. 7

State Trials 281.

[661] Evidence of Bedloe, Speke, and Wiggins. _Ibid._ 270–286.

[662] _Ibid._ 278, 279.

[663] 7 State Trials 310.

[664] Colonel Mansell’s _Exact and True Narrative of the late Popish

Intrigue_ 64.

[665] See Ralph i. 431. Echard 970, 971. Danby, _Memoirs_ 39, 40.

[666] 7 State Trials 763–812. An Exact and True Narrative of the Horrid

Conspiracy of Thomas Knox, William Osborne, and John Lane to invalidate

the testimonies of Dr. Oates and Mr. William Bedloe. London 1680.

[667] See below.

[668] Burnet ii. 200.

[669] 7 State Trials 881–926.

[670] This was contradicted and his reputation much debated at the

trial of Lord Stafford eighteen months later; but at the time it was

believed to be the fact.

[671] Thomas Whitebread, provincial; William Harcourt, rector of the

London province; John Fenwick, procurator for the college at St. Omers;

John Gavan, and Anthony Turner. 7 State Trials 311–418.

[672] _Ibid._ 340, 1455. This was so far confirmed that Dugdale was

proved to have spoken on Tuesday, October 15, 1678 of the death of a

justice of the peace in Westminster, which does not go far. Dugdale

also declared at Lord Stafford’s trial that on Coleman’s arrest the

Duke of York sent to Newgate to ask if he had made disclosures to

anybody, and when Coleman returned that he had done so only to Godfrey,

the duke gave orders to have Godfrey killed. 7 State Trials 1316–1319.

Burnet ii. 190, 191. And see above 153, n. Burnet says: “The Earl

of Essex told me he swore it on his first examination, December 24,

1678, but since it was only on 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.” This is a mistake. Dugdale’s

first and second examinations, December 24 and 29, 1678. S.P. Dom.

Charles II 408: II. 49, 22. Dugdale did formally tell the story in his

information, but not until March 21, 1679. Fitzherbert MSS. 135.

[673] Dugdale’s evidence. 7 State Trials 334–342.

[674] 7 State Trials 343–349.

[675] _Ibid._ 119, 355. House of Lords MSS. 15.

[676] 7 State Trials, 350–357.

[677] 7 State Trials 359–378.

[678] “... Three of them, having been apprehended by Sir Will. Waller

at their first coming, told him they were come to be witnesses, and

being asked what they were to witness, they said they must know that

from their superiors.” Sidney, _Letters_ 101.

[679] Examination of Christopher Townley, April 28, 1679. Fitzherbert

MSS. 151, 152.

[680] 7 State Trials 371. At the trial of Langhorn another witness was

produced to explain this, but his testimony was unconvincing.

[681] _Ibid._ 361, 364, 366. Information was also given that Gifford

had admitted in conversation “that his Superior of the College at St.

Omers had sent him over to swear on behalf of the Lords, and that he

must obey, and would, right or wrong.” Examinations of Chamberlayne and

Gouddall. Fitzherbert MSS. 149.

[682] Examinations of Coulster and Townley. Fitzherbert MSS 151, 152.

[683] 7 State Trials 396–403. North, _Examen_ 239, 240. 10 State Trials

1183–1188. Smith, _Intrigues of the Popish Plot_. The evil reputation

of these men was unknown at the time of the trial. See Burnet ii. 226.

[684] 7 State Trials 404–418.

[685] At the time of the fire of London, Tillotson told Burnet a

story of Langhorn’s methods of business which is too ridiculous to be

believed. Burnet i. 412.

[686] _True Narrative_ lxxxi.

[687] 7 State Trials 463–465, 470.

[688] _Ibid._ 439.

[689] 7 State Trials 514.

[690] _Ibid._ 172, 173.

[691] Sidney, _Letters_ 124. “Wakeman’s trial is put off, as is

believed, to avoid the indecency of the discourses that would have been

made.”

[692] L.J. xiii. 388–392. C.J. November 28, 29, 1678. Ralph i. 397.

James (Or. Mem.) i. 529.

[693] Burnet ii. 231.

[694] 7 State Trials 602–618.

[695] _Ibid._ 619–623.

[696] _Ibid._ 624–641. Bedloe however gave no evidence against the

prisoner Rumley.

[697] 7 State Trials 644–651. Sir J. F. Stephen has strangely missed

the bearing of this evidence, and writes as if it had been decisive in

favour of the prisoners. _Hist. Crim. Law_ i. 391.

[698] The first serious acquittal at least, for the trial of Atkins,

after the conviction of Green, Berry, and Hill for the murder of

Godfrey, was hardly more than formal.

[699] 7 State Trials 651–653.

[700] Hatton Correspondence ii. 187. Charles Hatton to Lord Hatton,

July 10, 1679. “Mr. Pepys and Sir Anthony Deane was bailed yesterday,

and if my Lord Chief Justice hang five hundred Jesuits, he will not

regain the opinion he thereby lost with the populace, to court whom he

will not act against his conscience.” Luttrell, _Brief Relation_ i. 74.

[701] Verney MSS. 474.

[702] Burnet ii. 232. _The Narrative of Segnior Francisco de Faria_,

1680, 17, 18.

[703] Deposition of F. de Faria, March 24, 1681. S.P. Dom. Charles II

415: 159. Verney MSS. 474. Luttrell, _Brief Relation_ i. 17, 74.

[704] Luttrell, _Brief Relation_ i. 19.

[705] 8 State Trials 163–174. Hatton Correspondence ii. 220.

[706] 7 State Trials 702–706.

[707] Hatton Correspondence ii. 191, 195, 207–210.

[708] C.J. ix. 661, 688–692. L.J. xiii. 736–739. Luttrell, _Brief

Relation_ i. 64.

[709] L.J. xiii. 752.

[710] Luttrell, _Brief Relation_ i. 74, 75.

[711] See Burnet ii. 196. North, _Examen_ 567, 568. _Lives of the

Norths_, 195, 196. Hatton Correspondence, _passim_.

[712] Burnet ii. 196. North, _Examen_ 568.

[713] Reresby, _Memoirs_ 146. “Being with the king at the Duchess

of Portsmouth’s lodgings, my Lord Treasurer being also present, the

king told me he took it (Oates’ story) to be some artifice, and that

he did not believe one word of the Plot.” Reresby, though always

well-informed, was never at this time in possession of real secrets.

Barillon, October 1/10, 1678. “Le Roi de la Grande Bretagne m’a dit

qu’il ne croyait pas que cette accusation eût un veritable fondement.”

Shaftesbury, _The present state of the Kingdom at the opening of_ _the

Parliament_, March 6, 1679. “As concerning the plot and the murder of

Godfrey, the king’s discourses and managing are new and extraordinary.

No man can judge by them but that he is in the plot against his own

life; and no man doubts but he is so far in as concerns us all.”

Printed Christie ii. 309.

[714] Barillon, January 16/26, 1679. “Le Roi d’Angleterre ne me parle

plus comme il a parlé jusqu’à present. Il me dit hier que la déposition

d’un dernier témoin nommé Ducdale lui parassait si peu concertée et

si pleine de faits vraisemblables qu’il ne pouvait plus s’empêcher de

croire à une conspiration contre sa personne. Ce Prince me redit toutes

les raisons qui lui ont fait croire qu’Oats et Benloi sont des parjures

et des imposteurs, mais en même temps il me fit connaître que ce qu’ils

avaient dit de faux n’empêchait pas qu’il n’y eût quelque chose de vrai

qui servait pour fondement à tout ce qu’ils avaient pu inventer d’eux

mêmes.”

[715] See the trials of Andrew Bromwich, 7 State Trials 715–726, Lionel

Anderson and others, _ibid._ 729–750, Knox and Lane, _ibid._ 763–812,

Lord Castlemaine, _ibid._ 1067–1112.

[716] Luttrell, _Brief Relation_ i. 34.

[717] See _e.g._ his summing up at Lord Castlemaine’s trial. 7 State

Trials 1408–1412.

[718] In spite of his own and his brother’s assertions there cannot be

the least doubt of this. North afterwards declared in his memoirs that

he never believed in the Popish Plot, a statement which is belied by

every action and word of his on the bench.

[719] 7 State Trials 218, at the trial of Green, Berry, and Hill.

[720] 7 State Trials 69.

[721] _Ibid._ 133, 134.

[722] _Ibid._ 218, 411, 642, 1102. 10 State Trials 1170. L.C.J.: “You

may assure yourselves, I will remember whatsoever has been said on the

one side and on t’other as well as I can; the gentlemen of the jury are

men of understanding, and I see they take notes, and I’ll give them

what assistance I can.” Instances might be multiplied. See Stephen i.

377, 566, 567.

[723] 6 State Trials 701–710. His trial was in 1665.

[724] _Parl. Hist._ iv. 1088.

[725] 7 State Trials 134. _Absalom and Achitophel_ 120.

[726] 7 State Trials 678–680. This is another fair specimen. “Never

brag of your religion, for it is a foul one, and so contrary to Christ;

it is easier to believe anything than to believe that an understanding

man may be a papist.”

[727] These trials in their order of mention will be found:—7 State

Trials 1043. _Ibid._ 959. 8 State Trials 502. 7 State Trials 1162. 8

State Trials 447. 7 State Trials 1067. 8 State Trials 243.

[728] Reresby, _Memoirs_ 194.

[729] See Appendix E.

[730] The proceedings in Parliament against the five popish lords are

collected in 7 State Trials 1218–1292.

[731] Reresby, _Memoirs_ 193, 194, North, _Examen_ 218.

[732] Barillon, November 31/December 9, 1680. “Ce qui se passera dans

ce procès est de grande consequence. Si le comte de Stafford était

absous, la conjuration recevrait une grande atteinte, et quoique le

peuple soit prévenu, il est néantmoins assujetti aux règles et aux

lois, et ne s’en départ pas aisément.”

[733] _Secret Services of Charles II and James II_ 24.

[734] Barillon, December 6/16, 9/19, 1680. James i. 640.

[735] 7 State Trials 1298–1339.

[736] Dugdale’s evidence. 7 State Trials 1341–1347.

[737] Oates’ evidence. _Ibid._ 1347–1350.

[738] Turbervile’s evidence. _Ibid._ 1351–1355.

[739] _Ibid._ 1394, 1395.

[740] 7 State Trials 1397–1400.

[741] _Ibid._ 1388–1393.

[742] _Ibid._ 1396–1406.

[743] _Ibid._ 1407–1415.

[744] 7 State Trials 1415–1419.

[745] Stafford admitted afterwards that in recent years he had

constantly used a walking stick, “being lame with weariness.” _Ibid._

1478.

[746] _Ibid._ 1419–1434.

[747] 7 State Trials 1437–1447.

[748] _Ibid._ 1462, 1463.

[749] _Ibid._ 1485–1492.

[750] _Ibid._ 1486–1491.

[751] 6 State Trials 119.

[752] 7 State Trials 1519–1529.

[753] _Ibid._ 1493–1515.

[754] _Ibid._ 1544–1551.

[755] Reresby thought that he acquitted himself well, but James said

“it was always his misfortune to play his game worst when he had the

best cards.” James i. 637.

[756] Barillon, December 16/26 1680.

[757] Reresby, _Memoirs_ 194.

[758] Anglesey, _Memoirs_ 9.

[759] Barillon, November 21/December 1, 1680. “Ce Prince prend souvent

la liberté de se moquer la conjuration, et ne se constraint pas

d’appeller tout haut Oatz et Bedlow des coquins. Il a dit cependant

que les preuves contre le Vicomte de Stafford étaient fortes, et qu’il

pouvait bien n’être pas innocent.”

[760] Hatton Correspondence ii. 241.

[761] Barillon, December 9/19 1680.

[762] _Ibidem._

[763] The Earls of Carlisle, Berkshire, and Suffolk. The appearance of

Lord Howard of Escrick on the same side is of no importance on account

of his bad character.

[764] Anglesey, _Memoirs_ 9. James to Hyde. Clarendon Cor. i. 50. James

to Col. Legge, Dartmouth MSS. 54. Barillon, December 19/29, 1680.

[765] L.J. xiii. 724. C.J. December 23, 1680. _Parl. Hist._ iv. 1261. 7

State Trials 1562.

[766] 7 State Trials 1544, 1440–1447, 1342, 1343.

[767] _Ibid._ 1564–1567.

[768] Echard 997. Lingard xiii. 247–249.

[769] Dispatch of Sarotti-Bignola, January 10, 1681. “Tanta è la

impressione de’ popoli della verità della congiura e della reità del

conte (Stafford), che da pochi è stato compatito e molti lo hanno

ingiurato con infami parole.” Quoted Brosch 451. Dispatch of Thun,

January 10, 1681. “Der Henker hat den kopf auf der Bühne herumgetragen

und dem Volke gezeigt, welches darüber ein unausprechliches Freuden-und

frohlockendes Geschrei hat erschallen lassen.” Quoted Klopp II 473,

app. XXII.

[770] 7 State Trials 1129–1162.

[771] _Ibid._ 1162.

[772] _Ibid._ 1133.

[773] _Ibid._ 1161.

[774] Evidence of Richmond and Bridges. _Ibid._ 1140, 1142.

[775] Evidence of Arnold. 7 State Trials 1135–1137.

[776] Evidence of Phillips. _Ibid._ 1138.

[777] Evidence of Philpot. _Ibid._ 1145, 1146.

[778] Evidence of Watkins, Richmond, and Powel. _Ibid._ 1139.

[779] Evidence of H. Jones and J. Jones. _Ibid._ 1146, 1147.

[780] Evidence of W. Richmond. 7 State Trials 1140, 1141, and evidence

for the defence. _Ibid._ 1148–1151.

[781] _Ibid._ 1152–1159.

[782] _Ibid._ 1160. Luttrell, _Brief Relation_ i. 53, 55. S.P. Dom.

Charles II 414: 79. Petition of John Giles. Read in Council, 6 August

1680.

[783] 7 State Trials 1138, 1146.

[784] It is evident that the writer was an agent employed by Jenkins

for the purpose. Otherwise the secretary would certainly have noted

from whom and the date on which he received the information. The style

of the report is also evidence of this.

[785] Stephen i. 393. Macaulay i. 234.

—————————————————— End of Book ——————————————————

Transcriber’s Note (continued)

When they occur in quoted text and their citations, inconsistencies in

spelling (particularly of names), accenting, hyphenation, abbreviation,

etc., have been left unchanged in this transcription. Minor

typographical errors in the author’s text have been corrected without

note while other changes to his text are as stated below.

Page xv - “efuge” changed to “refuge” (March 24 Danby takes refuge at

Whitehall.)

Page 59 - “has” changed to “have” (various ways of procuring success

for the Catholic religion have thus been considered)

Page 174 - “Monmonth” changed to “Monmouth” (Duke of Monmouth)

Page 181 - “Trelawney” changed to “Trelawny” (Sir Jonathan Trelawny)

Page 282 - “thay” changed to “they” (formerly they had feared

dismissal)

The 785 footnotes have been renumbered and moved from the bottom of

pages to a FOOTNOTES section at the end of the transcription.

The Popish Plot: A study in the history of the reign of Charles II · 第 9 / 9 章