No. III. Indorsed. 12 Dec. 83.—' His Ma'ties Declar'on in Councill ab't D. of Monm. & the Duke of Mon'mouth's Letter to his Ma'tie.' At the Court at Whitehall, December ye 12th 1683. "His Ma'ty was this day pleased to acquaint ye Lords of ye Councill, that since he had received ye Duke of Monmouth into his mercy having had severall Reports, that the said Duke's Servants and others from him endeavoured to make it beleived that he had not made a Confession to his Ma'ty of ye late Conspiracy, nor owned ye share he himself had in it, His Ma'ty had thought fit for ye vindication of ye truth of what ye said Duke had declared to himself, his Royal Highnes being present, to require from him in writing, by way of L're und'r his owne hand to ac knowledge ye same, which ye said Duke having refused to do in ye termes that it was co'manded him, His Ma'ty was so much of fended therewith, that he had forbidden him His Presence, and co'manded him to depart ye Court, and for ye further Information of ye Councill directed ye letter that ye said Duke had been required to signe to be entred as follows, and was pleased to declare that he did not intend ye same should be a secret: I have heard of some reports of me as if I should have lessened ye late Plot, and gone ' about to discredit ye evidence given against those who have died by Justice, Your Ma'ty and ye Duke know how ingenuously* I have owned ye late Conspiracy, and tho I was not 'conscious of any designe against your Ma'ty's life, yet I lament ye having had so great a share in ye other part of ye said conspiracy. Sir, I have taken ye liberty, to put this in writing for my owne vindication, and 'I beseech you to looke forward and endeavour to forget ye ffaults you have forgiven me, I will take care never to co'mit any more against you, or come within ye danger of being again mislead from my duty, but make it ye busines of my life to deserve ye pardon 'your Ma'ty hath granted to your dutifull 'M.' * Of this Letter there is upon a separate paper in the Office a draught supposed to be in the hand writing of the king. It agrees with the recital here, except that this word ingenuously is there spelt ingeniously. Excepting these two the search now made in the Paper Office has not produced any article purporting to be designed for the signature of Monmouth; though sir John Dalrymple (Memoirs part 1, Book 1, p. 40, 4to Edition) says in a note, In the Paper Office there are two copies of the Paper which it was intended Monmouth should sign, the one is in sir Leoline Jenkins's hand, and bears very hard upon Monmouth, the other is in the king's hand and is much more delicate.' James displayed his cruel and vindictive character by causing two medals to be struck Argyle. On the one medal were represented to celebrate his triumph over Monmouth and the heads of his victims placed on altars, their bleeding bodies beneath, with an inscription, Sic aras et sceptra tuemur.' On the other, their heads upon spikes with an inscription Ambitio malesuada ruit.' See 4 Laing's History of Scotland, 166, Edition of 1804. Mr. Serjeant Heywood (Vindication of Mr. Fox's Historical Work, 417, note.) notices Dalrymple's story (Mem. Part 1, Book 1, p. 68, 4to Edition) of the family report that king James invited himself to breakfast with the duchess of Monmouth on the day on which her husband was to be executed, and that, being admitted in the expectation that his visit was to introduce a pardon for the duke, he be haved with fondness to her children, and delivered to her a grant of her great family estate which had fallen to the crown by her hus band's attainder. And the learned author adds, that," in an abstract of Royal Grants in his possession, it is stated that in the month of January, 1684-5, 36 and 37 Car. 2. a grant was made to the trustees of the manors of Spalding and Holbech for 99 years, from the death of his majesty's royal consort at the rent of 51. per annum, and also of an acre of land near the Mews, and stables built thereon, for 29 years from the 15th of August, 1689, at the like rent, for the life of the dutchess of Monmouth, for her separate use, with remainders over to her children. And there is the abstract of another grant in the same month to the same trustees, of all the chattels real, goods and chattels, forfeited by the duke of Monmouth,' (except the leases before mentioned) in trust that the trustees shall convey the lease of the house, which the said duke had building for him in Soho Square, to Anthony · Ward and Andrew Care, upon their payment ' of 1,200/. to the dutchess of Monmouth. And 'as to the rest of the chattels and goods shall suffer the dutchess to enjoy them so long as she lives, with further appointments thereof to her children.' But in January, 1685-6, a grant is mentioned to have been made to Ann dutchess of Buccleugh and her beirs, of the great house or lodge, and park called Moor Park, and messuages and lands lying in Rickmansworth, in the county of Herts, or near thereunto adjoining, forfeited to his majesty by the attainder of James late duke of Mon'mouth.' Whether Moor Park ever had been part of the family estate of the dutchess is not stated. The date of the two first of these entries must be incorrect, for the grants are supposed to have been made in the reign of Charles 2d, and six months before Monmouth's attainder, possibly they ought to have been dated as of the January in the subsequent year, when the grant of Moor Park was made." * I have reason to think that this story is utterly false. The following "Account of the Manner of taking the late Duke of Monmouth," &c. was published by command of the king: He led Upon the eighth day, by five of the clock in the morning, the said Brandenburg was found; who, upon examination confessed that he parted with the said late duke within the same outbounds about one of the clock that morning. Immediately after the defeat of the rebels at Whereupon, every individual person being enBridgwater, on Monday the 6th of July in-couraged thereby, and by the hopes of having stant, the late duke of Monmouth, late lord a share in the five thousand pounds (as was Grey, and the Brandenburg fled; and, coming before agreed on in the field) did renew the between Gillingham and Shaftesbury, got a pursuit of him with the strictest search and diguide to lead them the way to the New Forest, ligence imaginable; and about seven of the most free from towns and watches. clock of the same morning, one Henry Parkin, them by White-Sheet, four miles east of servant to Samuel Rolles, esq. happened to Shaftsbury, and thence by Cranborne-Chase; discover the said late duke hid in a ditch, cowhere their horses being tired, they let them vered with fern and brakes, and calling to two loose, and hid their bridles and saddles. of the Sussex troopers that were by him, all three seized him together. Sir William Portman, happening to be near that place, rid presently in, and quieted those that cried, "Shoot him! shoot him!" He laid hands on him as his prisoner, and so preserved him from all violence and rudeness; and immediately in the same instant, the lord Lumley came in and agreed that sir William Portman should search him: which was done, and as soon as they had found his George, they dispatched that, with the news, to his majesty, by captain Bickely and Mr. Chaldecote, Sussex and Dorset gentlemen. In the mean time the news of the said defeat coming to the lord Lumley, (then posted at Ringwood in Hampshire, with three troops of borse of colonel Stapley's regiment, commanded by major Bridger, captain Monk, and captain Peckham, and four companies of foot of col. Alford's regiment, commanded by lieut.col. Cooper, captain Bickley, captain Best, and captain Carre; all of the Sussex militia,) his lordship was pleased to send his scouts every way to take up suspected persons and sir William Portman for the same end, had taken care for strong watches to be set, made up of his yellow-coats and others, on the roads from Poole to the most northern parts of Dorset. Upon the 7th instant, about five in the morning, some of the lord Lumley's said scouts (riding in the road, near Holt Lodge in Dorset, four miles west of Ringwood) just at the turn of a cross-way, surprized and seized two suspected persons; which, when the lord Lumley came up, proved to be the late lord Grey and the said guide. This put the lord Lumley upon a strict examining of the cottages with which that healthy country abounds, and calling in the neighbourhood, that were acquainted with the country, &c. Notice of this being brought to sir William Portman by some of his watches, &c. he hastened to the place, with as many horse and foot, as he could of a sudden get together. The prisoners,after this, were kept two nights at Ringwood. On Friday the lord Lumley discharged the foot there, and with the said three troops of the Sussex horse, and one troop of the Dorset militia, commanded by captain Fownes, they were conveyed to Winchester, where joined them two troops of his majesty's in pay, and two of the Northampton militia troops, all which conducted them to Farnhamcastle upon Saturday the 11th, and the next day to Guilford, and upon Monday the 13th to Vauxhall, where a regiment of the lord Dartmouth's received them, with other troops of his majesty's in pay; and thence by barge they were carried to Whitehall. The papers and books that were found on him, are since delivered to his majesty. One of the books was a manuscript of spells, charms It happened upon the lord Lumley's enquiry and conjurations, songs, receipts, and prayers, among the cottages, that a poor woman, one all written with the said late duke's own hand. Amy Farrant, directed his lordship to a hedge, Two others were manuscripts of fortification where she had seen two men go over, which and the military art. And a fourth book, fairly hedge proved to be part of the out-bounds of written, wherein are computes of the yearly very many inclosed grounds, some overgrown expence of his majesty's navy and land-forces. by fern and brakes, and others sown with rye, pease, or oats, &c. Whereupon a strict guard was put very near one another, round those outbounds, whilst other foot and horse did beat within. These guards kept their several posts so well, that though the late duke and the Brandenburg attempted at least thirty times to make their escape out, yet they always found each guard ready; and, upon their last attempt to escape, two of the troopers firing on them, made them immediately to retire, and hide themselves a-part from each other, in some of the adjacent ditches where they were afterwards found. And, as for his gold, only twenty guineas were given to the said Parkin, and ten guineas a-piece to the two troopers that first seized him; and the rest was returned to the said late duke. As the prisoners passed through Rumsey, Winchester, Farnham, and Guilford, one would admire to see the very great numbers of the militia, with the deputy lieutenants and gentlemen of those parts, that were ready to guard them, and take off the fatigue of such as were on the march. Within doors, none but commission officers were trusted to watch by them: and besides those, the lord Lumley, and sir William Portman took their turns to watch in person, night and day, from the time of the taking of the said late duke, until they had delivered him safe at Whitehall, from whence he was conveyed to the Tower. Collins says, that the attainder of Monmouth did not take place in North Britain: he, however, states that the posterity of Monmouth did not inherit the dukedom of Buccleugh, &c. | until the death of the duchess (to whom, as we have seen, p. 1063, those honours had been granted as well as to her husband) in 1782. As to the grant of a barony to a man and his wife as joint-tenants in special tail, and the operation in such case of an attainder of the husband, living the wife, see Mr. Hargrave's learned Opinion and Argument respecting the Stafford-Barony-Claim as referred to in this Collection, vol. 7, pp. 1571, et seq. Query, What was the extent of Monmouth's interest in his wife's landed property? 348. Proceedings against GILBERT BURNET, D. D. afterwards Bi. shop of Salisbury, for High Treason: 3 JAMES II. A. D. 1687. [Wodrow's History of the Sufferings of the Church of Scotland. Lord Fountainhall's Decisions of the Lords of Council and Session." CRIMINAL LETTERS AGAINST DR. GILBERT BURNET. JAMES, &c. To our lovits, &c. heralds, pursevants, macers, and messengers at arms, our sheriffs in that part, conjunctly and severally, specially constitute, greeting: Forasmuch as Of this Case, Fountainhall writes: "April 14, 1687. At Privy Council, there is a letter read from the king against Dr. Gil bert Burnet, ordaining an indictment of treason to be raised against him, for conversing with Argyle, and other forfeited traitors in London, Holland, &c. Though this was the pretence, yet the true quarrel was not so much his printed letters of travels, as some papers he had sent over to both houses of parliaments, containing reasons why they should not take away the laws against the Papists, and a private letter he had wrote, bearing that he had heard of, or seen at Rome a writ signed by all the popish princes, and the king of England with the rest, (which certainly is false) to extirpate the Protestants: upon this order a dittay was raised, and he was cited to appear on 60 days. They cannot forfeit him in absence, 1. Because they can only proceed in absence against perduellion, and rising in arms. 2. None of the witnesses used against him, viz. sir John Cochran, and Waterside his son, West and Burn Englishmen, Mr. William Carstairs, and Mr. Richard Baxter ministers, are to be here then: but they will denounce him fugitive, which will operate the same effect to cut off all Scotsmen from conversing with him personally, or communicating with him by letters; which gave great scandal and offence, as tending to harden him." June 11. Dr. Gilbert Burnet, is of new aited upon an additional indictment, for the it is humbly meant and complained to us, by our right trusty and familiar counseller, sir John Dalrymple the younger, of Stair, our ad vocate, for our interest, upon doctor Gilbert Burnet. That where, notwithstanding by the laws and acts of parliament, and constant practick of this our kingdom, the venting of slanderous, letters he wrote to Middleton in May last, &c. shewing he had translated bis allegiance, and threatening if they insisted, that he would publish an apology which might displease his ma jesty, and others; which was construed treason against his native originary prince: and the diet having been continued against him to the 29th of August, he was denounced fugitive for non-appearance." As to Burnet's Travels, see 1 Fountainhall, 472. According to Wodrow, vol. 2, p. 521, Burnet when in Scotland in 1683, said to the duchess of Hamilton, He believed it would never be well with Scotland, until we returned to that Covenant and renewed it. As to forfeiture in absence, see p. 1030, of this Volume. Of these proceedings against Burnet, Wodrow writes as follows: "Dr. Burnet's vigorous appearances against popery exasperated the king and the jesuits about him, so far as to shew their spite against him by this mean process against him in absence, and when out of the nations by the king's own permission. And all the hurt they could do him, was to bring him in among the rest of the excellent and worthy patriots and protestants, who felt, in as far as they could be reached, the fury of this period. "When, in common course, be behoved to be cited at the pier and shore of Leith, accounts Breasonable, and advised speeches and posi- | ions, and the reproaching our person, estate, and government, and the resetting, supplying, riding, assisting, intercommuning with, and fere sent him by his friends of this impotent „nalice the king and managers here were shewg against him. Whereupon the doctor wrote letter to the earl of Middleton, secretary, if ossible, to divert this process; a copy of which geing before me, I have inserted it here. Hague, May 3, 1687. May it please your Lordship; The affairs of this province belonging to your lordship's share in the ministry, this leads me to make this humble address to your lordship, and by you to his majesty. I have received advertisment from Scotland, that the king has writ to the privy council, ordering me to be proceed. ed against for high treason against his person and government, and that, pursuant to this, the king's advocate has cited me to appear there. If any thing in the world can surprise and disorder me, this must needs do it; for as few men have written more, and preached oftener against all sorts of treasonable doctrines and practices than myself, so all the discoveries that have been made of late years, have been so far from aspersing me, that though there has been disposition enough to find fault with me, yet there has not matter been given so much as for examination. It is thirteen years since I came out of Scotland; for these last five years, I have not so much as mentioned the commonest news in any letter that I have written to any in that kingdom. I do not mention acts of indemnity, because I know that I need not the benefit of them. I went out of England by his Majesty's approbation, and I have stayed out of it, because his Majesty expressed his dislike of my returning to it. I am now upon the point of marrying in 'this country, and I am naturalized by the states of Holland; but though by this, during my stay here, my allegiance is transferred from his majesty to the sovereignty of those provinces, yet I will never depart from the profoundest respect to his sacred person and duty to his government. doing favours to denounced rebels, or forfeited traitors, are punishable by forfeiture of life, land, and goods; and particularly by the 134 act of 8 parl. king Jam. 6, it is statute and 'with it, I would not avoid the coming to stand my trial. But as this cannot be expected in the estate in which I am, so I humbly throw myself at his Majesty's feet, and beg that he may not condemn me, not so much 'as in his thoughts, till I know what is the 'crime that is objected to me, so as I may ' offer a most humble justification of myself to ' him. 'I shall be infinitely sorry, if any judgment that shall pass upon me in Scotland, shall oblige me to appear in print for my own de'fence. For I cannot betray my own inno'cence so far as to suffer any thing of this nature to pass upon me, without printing an apology for myself; in which I will be forced to make a recital of that share I have had in 'affairs those twenty years by past, and in which I must mention a vast number of particulars that I am afraid must be displeasing to his majesty; and as I will look upon this as one of the greatest misfortunes that can 'possibly befal me, so with all the duty and humility in the world, I beg that I may not be driven to it. 'I will not presume to add one word to your lordship, nor to claim any sort of favour or protection from you, for I address only my self to you as the king's minister for those provinces. I am, my Lord, &c.' May it please your Lordship ;-The copy of the citation against me, has been sent me out of Scotland since I took the liberty to write last to your lordship; this puts me on a second address to you for conveying the inclosed answer, which I most humbly lay down at his majesty's feet. I am confident, that the falshood of the matters objected to me, will Since my coming to these parts, I have not 'seen any person, either of England or Scot-appear so evident to his majesty, as well as to all the world besides, that he will not only order the proceedings to be quite discharged, but that he will also order some reparation to be made to me, for so public a blemish, as even a citation for so high a crime amounts to. I land, that is outlawed for treason; and when 'the king took exceptions to my access to the princess and prince of Orange, there was not a thing of this kind objected to me: so I protest to your lordship, I do not so much as imagine upon what it is that these informa-confess, the many hard things that have been tions, that it seems are brought to his majesty, ' are founded. of late cast on me, and in particular to young and old, and foreigners as well as Englishmen, 'that have been coming into those parts, make me see that my enemies have possessed his majesty with thoughts of me, that I must crave liberty with all humility, to say, that 'they are as undeserved as hard. What have 'I done or said, to draw on me so heavy and so 4 B ordained, that none of our subjects of whatsoever degree, estate, or quality, shall presume or take upon hand, privately or publickly, in sermons, declamations, or familiar conferences, long a continued displeasure? But my com'fort lies in the witness that I have within me, of my own innocence, so that I dare appeal 'to God, as I do now with all duty to his vice'gerent. to utter any false, slanderous, or untrue speeches, to the disdain, reproach, or contempt of us, our council or proceedings, or to the dishonour, hurt, or prejudice of us, or to meddle translated from his majesty to the sovereignty of this province, as if this alone was crime enough and I hear that some who have 'been of the profession of the law are of this 'mind. I indeed thought that none who ever pretend to study law, or the general notions of the intercourse among nations, could mis'take in so clear a point. I cautioned my words so, as to shew that I considered this 'translation of my allegiance only as a temporary thing, during my stay here. And can any man be so ignorant as to doubt of this? allegiance and protection are things by their natures reciprocal: since then naturalization gives a legal protection, there must be a return of allegiance due upon it. I do not deny but the root of natural allegiance remains, but it is certainly under a suspen Since this matter is now become so public, and that now my name is so generally known, "I must not be wanting to my own innocence, especially, when not only my life and repu'tation are struck at, but the religion I profess is wounded through my sides: therefore till * I have put in order my memoirs for a larger 'work, I find it in some sort necessary to print the citation, together with this answer. But I had much rather have all this prevented by 'an effect of his majesty's justice, in ordering an end to be put to this accusation; and that by some act that may be as public as the citation itself was, which may bear his majesty'ssion, while the naturalized person enjoys the 'being satisfied with my innocence as to these ♦ matters; but if I have still as melancholy an answer to this, as I have had to all the former applications I have made, I must maintain my innocence the best way I can, in which I 'will never forget that vast duty I owe his majesty, whatsoever I may meet with in my ' own particular. protection of the prince or state that has so received him. I know what a crime it had been if I had become naturalized to any state in war with the king; but when it was to a state that is in alliance with him, and when it was upon so just a ground as my being to be married and settled in this state, as it could be no crime in me to desire it, so I 'If there is any thing, either in the inclosed having obtained it, am not a little amazed, paper, or in this letter, that seems a little too to hear any are so little conversant in the ' vehement, I hope the provocation that I have law of nations, as to take exceptions at my met with will be likewise considered; for words. Our Saviour has said,'' that a man 'while my life and reputation are struck at, and cannot serve two masters:' and the nature of while some here are threatening so high, a things says, that a man cannot be at the man must be forgiven to shew that he is not 'same time under two allegiances. His Maquite insensible: though my duty to the kingjesty, by naturalizing the earl of Feversham is proof against all that ever can be done to provoke me, yet I must be suffered to treat the instruments and procurers of my disgrace, ⚫ who are contriving my destruction, with the plainness that such practices draw from me. I will delay printing any thing for a fortnight, till I see whether your lordship is like ' to receive order from his majesty relating to him, who is, May it please your Lordship, your Lordship's, &c.-At the Hague, May 17th, Old Stile, 1687.' any "When the doctor's letters were altogether neglected, before the publishing his apology in print, he sent a third letter to the secretary, which likewise follows. May it please your lordship: I venture once more to renew my addresses to your lordship, before I print the paper that I sent you by my last, of the 17th of May, together with the two letters that I wrote you; for I find it necessary to add this, and that it go with the rest to the press. "I am told, that great advantages have been taken upon an expression in my first letter, in which I wrote, that by my naturalization, during my stay here, my allegiance was and many others of the French nation, knows well what a right this gives him to their allegiance, which, no doubt, Ire as well as many others have sworn, and this is a translating their allegiance with a witness. That lord was to have commanded the troops that were sent into Flanders in 1678, against his natural prince: and yet though the laws of France are high upon the points of sovereignty, it was never so much as pretended that this was a crime. And it is so much the interest of all princes, to assure themselves of by naturalizing them, (since without that those whom they receive into their protection they should give protection to so many spies and agents for another prince) that if I had 'not very good ground to assure me that some have pretended to make a crime out of words, I could not easily believe it. My lord, this is the last trouble that I will give your lordship upon this subject; For it being now a month since I made my first address to you, I must conclude, that it is resolved to carry this matter to all extremities; and Mr. D'Albeville's instances against me, and the threatenings of some of his country men, make me conclude, that all my most |