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plicity of my heart, and in the presence of God, I do declare I am innocent: and if your lordship, and this honourable bench, intercede with his majesty, it will be an eternal obligation upon me, and I shall live faithfully, peaceably, and loyally as long as I live. I presume to beg this, and I promise myself, and hope it will stir up the hearts of some persons, that they will not leave me destitute of friends in such a case as this; having a wife and several children, it will be an act of charity.

Recorder. The court does give you your request, and if there be any misery brought upon your family, it is done by yourself. Clerk. William Ring, hold up thy hand, &c. Ring. I had no notice given me an't please your lordship.

Recorder. Where is the executioner, is he here?-Exectnioner. Yes.

Recorder. Why do not you do your duty to Mr. Cornish?

Clerk. John Fernley, hold up thy hand; thou standest convicted of high treason, for traitorously harbouring one James Burton; what canst thou say for thyself? &c.

Fernley. It is very hard measure 1 have had, I have nothing to say, but the king's mercy.

Recorder. Is that all you have to say? Fernley. I have nothing but the king's mercy.

Recorder. Tie him up then, tie him up. Cryer. O-Yes, all manner of persons are commanded to keep silence, whilst judgment is giving, upon pain of imprisonment.

you

Cornish, that you have been indicted for; and,
I must tell you, whatever apprehensions you
have to the contrary, and may please yourself
in, I am sorry to see such a sort of pleasure in
your countenance, as if you had had no favour
shewed you. I believe the court hath shewed
you more favour, and had more patience with
you, than ever any man that stood in your
place bad; for calling a witness after the jury
hath been out, is a thing I never saw a pre-
cedent for: And I am glad it was done, for I
think it hath cleared the thing beyond all
manner of contradiction: before it looked some-
thing dark for want of Sheppard, and so it is a.
happiness that that man was called to convince
lemnly against, which I am sorry to see in you,
of many things that you protested so.
in this condition that you are, to make such
solemn protestations, and afterwards call a
other two, here is Mr. Ring is very notorious
For the
witness to confront you in them.
for harbouring a couple of traitors knowing
from whence they came; and if it were not
for such persons as these are, that do harbour
them when they fly, it may be there would
not be so many bold attempts to commit such
crimes as these are: To provide for them, and
nourish them, and comfort them, after they
have committed their villainies, this does en-
courage them to commit their villainies as they
do, and so I reckon harbourers to be worse than
traitors themselves; they are like receivers to
thieves. There would not be so many traitors,
if there were no harbourers. You have been
convicted of these great crimes; it is too late,
and not fitting to spend time any longer, but to
pronounce the several sentences against you,
which is this:

You must, every one of you, be had back to the place from whence you came, from thence you must be drawn to the place of execution, and there you must severally be 'banged by the necks, every one of you by the neck till you are almost dead; and then 'you must be cut down, your intrails must be taken out and burnt before your faces, your several heads to be cut off, and your bodies divided into four parts, and those to be disposed of at the pleasure of the king; and the

Recorder. You the several prisoners at the bar, you have been severally indicted here of the high crime of treason. For you, Mr. Cornish, I apply myself first to you. Your crime is for treason that was committed in kis late majesty's life time, being one of those notorious conspirators that designed to raise rebellion, and others some of them immediately designed the life of his majesty that then was, and his present majesty, that was the design of some of them; and others, they had another part, that was to raise rebellion, and particuJarly some of them in and about this city, and it was carried on some time before it was dis-Lord have mercy upon your souls.' covered, may be a year or more, under colour and pretence of law: For so did they invade the government, first of all by packing of juries, there was the foundation laid whereby to bring on that business, which they had at last designed when they could bring it to a ripe head. Too many persons in that business, I believe, were very busy, meddling with what they had not to do with; clubbing and caballing how to bring their designs about, in opposition to the government, not to support it in the least, but to overthrow it if it were possible: "It is not to be doubted but this gentleman. But then at last, they must take another course, had great hardship, and unworthy usage in his for no longer could they carry it on by pre-imprisonment, trial and condemnation, and that tence of law, as you have heard to day: Now he suffered upon wretched evidence: But at we must take other measures, and take down- the same time it is not to be forgotten what right blows. This is the business, Mr. encouragement he gave to such sort of evi VOL. XI. 2 G

Fernley and Ring were reprieved, but Cornish and Gaunt were ordered for execution; accordingly four days after, viz. October 23, Henry Cornish + was drawn on a sledge to

burn.

* Fernley was afterwards executed at TyOf the fate of Cornish, Echard (p. 1069,)

says:

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but blessed be God for Jesus Christ."-Then

King's-street end, in Cheapside, where a gib. | standing"-[Here he was interrupted by the bet was erected on purpose, at which place he Sheriff]-"I bless God I was born in a land spoke as follows: of light, where the gospel hath been preached in power and purity; he might have brought me forth in a land of darkness and ignorance; he entreated the Sheriff to intercede with his majesty to be kind to his poor wife and children: The Sheriff promised him to wait on his majesty the next day about it. He replied, "Mr. Sheriff, I thank you, the Lord reward hearts of you to be kind to the widows and you a thousand fold; the Lord put it into the fatherless; it is your duty: The Lord put it into the hearts of all good people to pray for

me."

More could not be taken, by reason of the noise of the people, and interruption of one of

"I am come here this day condemned to die; but God is my witness, the crimes laid to my charge were falsely and maliciously sworn against me by the witnesses; for I never was at any consult, nor any meeting, where matters against the government were discoursed of: I never heard nor read any Declaration, nor never acted wilfully any thing against the government. I confess, through the justice of God, my private sins have brought me to this infamous end; yea, it were just with God, not only to deprive me eternally of his presence, but to condemn me to eternal torments; but through Christ I hope to be eternally blessed: Yet, as to the crimes for which I suffer, on the word of a dying man, I am When he had made an end of speaking, the altogether innocent. I bless God I was from my younger years brought up in, and have for executioner did his office; his head was aftersome years continued a Protestant, in the com-tainder was reversed by act of parliament, 1st wards fixed upon the Guild-hall. munion of the church of England; in which of Will. and Mar. and the witnesses lodged in communion I now die. I have often partaken remote prisons. in the ordinances, the blessed effects and comfort thereof I now feel in this my agony. I bless God I was born under a government, in the constitution of which I did ever acquiesce, and in which I was once a member; at which time I did, according to the best of my under

dence in the Popish Plot, and how active he appeared towards the shedding of the blood of the lord Stafford; in whose case he was so zealous, that, being sheriff at that time, he was unwilling to allow him the common favour shewn to the nobility of being beheaded. He now met with a full retaliation; perhaps more from Heaven than from men; and he could not so much as obtain the same favour himself; but on the 23d of October he was hanged and quartered in Cheapside, the heart of the city, and his head fixed upon Guild-hall. Before he went out, he was extremely urgent with the worthy Dr. Benjamin Calamy, who had attended him to the last, to go with him to the place of execution; but that good man had such compassionate tenderness in his nature, that he excused himself, saying, he could as soon die with him, as bear the sight of his death. At his execution, he shewed all the marks of a pious christian prepared for death, and did several times assert and protest his innocency as to those crimes for which he stood condemned: And it is said that king James himself not long after expressed some regret, as if he believed he had hard measure; how ever, his quarters were ordered to be taken down, and delivered to his relations to be decently interred, as they were in St. Laurence church by Guild-hall."

the Sheriffs.

His at

ed according to her Sentence. She left the The same day Elizabeth Gaunt was executfollowing Paper:

Newgate, 22 October, 1685.

And there

"Not knowing whether I should be suffered or able, because of weaknesses that are upon me, through my hard and close imprisonment, to speak at the place of execution, I write these the way of my God towards me, though it be few lines, to signify I am well reconciled to in ways I looked not for, and by terrible things, life, he ought to have the disposing of it, when yet in righteousness; for having given ine and how he pleaseth to call for it; and I desire to offer up my all to him, it being but my reasonable service; and also the first terms that Christ offers, that he that will be his disciple must forsake all and follow him. fore, let none think it hard, or be discouraged, at what hath happened unto me; for he doth unto us; he being holy in all his ways, and nothing without cause, in all that he hath done righteous in all his works; and it is but my lot in common with poor desolate Sion at this day: neither do I find in my heart the least regret of any thing that I have done, in the service of my Lord and Master Jesus Christ, sufferers, that have shewed favour to his righin favouring and succouring any of his poor teous cause; which cause, though it be now fallen and trampled on, as if it had not been anointed, yet it shall revive, and God will plead it at another rate, than yet he hath done, with all its opposers and malicious haters: and therefore let all that love and fear him, not omit the Oldmixon, in consideration of Echard's words least duty that comes to hand, or lieth before Retaliation from Heaven,' prays God that them, knowing that Christ hath need of them, "the dreadful judgments [see vol. 6, p. 198,] and expects that they should serve him. And he has called down on so many innocent per-I desire to bless him that he hath made me Gons be not retaliated' on his own soul." useful in my generation, to the comfort and

relief of many distressed ones; that the bless- all under my circumstances, and did at that ing of those that have been ready to perish, time, without all mercy or pity, hasten my hath come upon me, and I have been helped to sentence, and held up my hand that it might make the heart of the widow to sing; and I be pronounced; all which, together with the bless his holy name, that in all this, together great one of all, (king James 2,) by whose with what I was charged with, I can approve power all these, and multitudes of more cruelties my heart to him, that I have done his will, are done, I do heartily and freely forgive, as though I have crossed man's will; and the done against me: but as it is done in an imscripture that satisfied me in it is, the xvith of placable mind against the Lord Christ, his righIsa. 3, 4. Hide the outcasts, betray not him teous cause and followers, I leave it to him who that wandereth; let my outcasts dwell with is the avenger of all such wrongs, and hath thee. Obadiah, ver. 13, 14. Thou shouldest said, I have raised up one from the North, and not have given up him that escaped, in the he shall come upon princes as upon mortár, and day of distress. But man saith, You shall as the potter treadeth clay, Isa. xli. 25. He give them up, or you shall die for it. Now shall cut off the spirit of princes, and be terwhom to obey, judge ye. So that I have rible to the kings of the earth, Psal. lxxvi. 12. cause to rejoice and be exceeding glad, in that And know this also, that though you are seemI suffer for righteousness sake, and that I am ingly fixed, and because of the power in your accounted worthy to suffer for well-doing, and hands, and a weighing out your violence, and that God hath accepted any service from me, dealing with despiteful hand, because of the that hath been done in sincerity, though mixed old and new hatred, by impoverishing, and by with manifold weaknesses and infirmities, every way distressing those you have got under which he hath been pleased for Christ's sake to you, yet unless you secure Jesus Christ, and cover and forgive. And now as concerning his holy angels, you shall never do your humy fact, as it is called, alas! it is but a little siness, nor your hands accomplish your enterone, and might well become a prince to for prizes; for he will come upon you ere you give; but, He that sheweth no mercy shall are aware, and therefore, O that you will be find none and I may say of it, in the lan-wise, instructed, and learn, is the desire of her guage of Jonathan, I did but taste a little that finds no mercy from you. honey, and lo, I must die for it; I did but relieve a poor, unworthy and distressed family, and, lo, 1 must die for it. I desire in the Lamblike will, to forgive all that are concerned; and to say, Lord, lay it not to their charge.

But I fear and believe, that when he comes to make inquisition for blood, mine will be found at the door of the furious Judge [Withins,] who, because I could not remember things, through my dauntedness at Burton's wife and daughter's witness, and my ignorance, took advantage thereat, and would not hear me, when I had called to mind that which I am sure would have invalidated their evidence; and though he granted some things of the same nature to another, yet he granted it not to me. My blood will be also found at the door of the unrighteous jury, who found me guilty upon the single oath of an outlawed man, for there was none but his oath about the money, who is no legal witness, though he be pardoned, his outlawry not being recalled; and also the law requires two witnesses in point of life. And then about my going with him to the place mentioned, it was, by his own words, before he could be outlawed, for it was two months after his abscond. ing; and though in a proclamation, yet not high-treason, as I have heard: so that I am clearly murdered by you. And also bloody Mr. Atterbury, who so insatiately hunted after my life; and though it is no profit to him, yet through the ill-will he bore me, left no stone unturned, as I have ground to believe, until he brought me to this; and shewed favour to Burton, who ought to have died for his own fault, and not have bought his life with mine. And lastly, Richardson, who is cruel and severe to

ELIZABETH GAUNT.

POSTSCRIPT.

"Such as it is, you have it from her, who hath done as she could, and is sorry she can do no better; hopes you will pity and cover weakness, shortness, and any thing that ened or humbled at the lowliness of my spirit; is wanting, and begs that none may be weakfor God's design is to humble and abase us, that he alone may be exalted in his day: and I hope he will appear in the needful time, and it may be reserves the best wine till last, as be hath done for some before me; none goeth to warfare at his own charge, and the spirit bloweth, not only where, but when it listeth; and it becomes me who have so often grieved, quenched, and resisted it, to wait for and upon the motions of the spirit, and not to murmur: but I may mourn, because through want of it,

honour not my God, nor his blessed cause, which I have so long loved and delighted to love; and repent of nothing about it, but that I have served him and it no better."

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sel, esq. and sir Thomas Armstrong, to be traitors, and to have conspired the death of the late king Charles the 2d, promised to be assisting to them in such treasons, to bring them to effect; and being thereupon arraigned at the sessionshouse in the Old-Bailey, the 19th day of October, Anno Dom. 1685, although he was committed for the said pretended treason but the 13th of the same October, and had notice of his trial the 17th of the same October, and was kept close prisoner from the time of his commitment to the time of his trial, and could not possibly therefore prepare himself for his defence, neither would the court, which tried him, give him any longer time to prepare him. self for his trial, although he very much pressed for longer time, having a material witness to send for, who was not then in town, and was above 140 miles off: and having pleaded Not Guilty to the indictment, he was presently tried and convicted on the single evidence of col. Rumsey, who swore the prisoner was in the room, at one Mr. Sheppard's house, in company of the duke of Monmouth, the lord Russel, the lord Grey, sir Thomas Armstrong, Mr. Ferguson, Mr. Sheppard, and the witness, when a paper was read, the contents whereof are a complaint of the misgovernment of king Charles the second, and declaring for liberty of conscience, and that all those who would assist in that insurrection, that bad lands of the church, or of the king's, in the late wars, should have them restored; to which paper, as the witness swore, the prisoner expressed his liking: whereas the said Rumsey owned, when he gave his evidence, that he did not hear all the paper read, nor did take great notice of it, and therefore was not a competent witness of the contents of the paper. And whereas the said

col. Rumsey had, in the lord Russell's trial, expressly sworn that he was not in the room when the said pretended paper was read: and whereas col. Rumsey, in the same lord Rus sell's trial, expressly mentions the names of all the persons in the said room, in the said Mr. Sheppard's house, whereof the said Henry Cornish was none; and whereas Mr. Sheppard, whom Rumsey, in his evidence, owned to be in the room when the said pretended paper was read, expressly testified, that the said Henry Cornish was not in the room at the time of the reading the said pretended paper. For all which reasons, at the humble petition and request of Elizabeth Cornish, widow and relict, and Henry Cornish, eldest son of the said Henry Cornish; Be it enacted by the king and queen's most excellent majesties; and by and with the advice and consent of the lords spi ritual and temporal, and commons, in this present parliament assembled, and by the autho rity of the same, that the conviction and attainder of the said Henry Cornish, deceased, for High-Treason, be hereby reversed, annulled and made void, to all intents and purposes whatsoever. And to the end that right be done to the memory of the deceased Henry Cornish aforesaid, be it further enacted, that all records and proceedings relating to the said Attainder, be wholly cancelled, and taken off the file, or otherwise defaced and obliterated, to the intent the same may not be visible in after-ages; and that at the next sessions of gaol-delivery, to be holden after the feast of St. Michael next, for the city of London, the said records and proceedings shall be brought into the court, and then and there taken off from the file, and cancelled.

Copia Vera "Jo. BROWN, Cl. Parl.

REMARKS upon Mr. CORNISH'S Trial, by Sir JOHN HAWLES, Solicitor-General in the Reign of King William the Third.*

THERE yet remains two persons prosecu- | him till eight o'clock at night; and then he tions to speak of; the one is Mr. Cornish, who was taken the of October, 1685, and was arraigned on a Indictment of High-Treason the Monday after, for conspiring to kill the late king Charles the Second; and knowing James duke of Monmouth, William Russell, esq. and s Thomas Armstrong, to be rebels and traiters, promised to be assisting to them in their treasons. To which he pleaded not guilty. He desired to put off his trial, because he had no notice till the Saturday before at twelve o'clock, and he could get no friend to come to

*See sir John Hawles's Remarks at the end of the Cases of Fitzharris, vol. 8, p. 426; Colledge, vol. 8, p. 723; Lord Shaftesbury, vol. 8, p. 835; the city of London, vol. 8, p. 1359; lord Russell, vol. 9, p. 578; Sidney, vol. 9, p. 818; sir Thomas Armstrong, vol. 10, p. 106; count Coningsmark, vol. 9, p. 1; and Bateman, p. 473 of the present volume.

was permitted to speak with nobody but in the presence of the gaoler: he had been allowed no pen, ink, or paper. He was told by the court he ought not to have it, without leave given on a petition preferred by him, and that he was taken Tuesday before, which to that time was almost a week. He said, his children had petitioned the king the night before to put off his trial, and it was referred to the judges: he did not know whether he was committed for high treason against the present or the former king, and he had a material witness an hundred and forty miles off: but was told by the court, they had no power to put off his Trial. It is true, they said the lord Russell's trial was put off till the afternoon, (which was not true), but that was a favour which could not be challenged by another as a right. He complained he had not a copy of the pannel, but was answered it was not his right to have it. Then the Attorney said, he had not deserved so well of the go

vernment as to have bis trial delayed, and therefore he was presently tried.

Rumsey swore, that about the latter end of October, or beginning of November, the earl of Shaftesbury desired him to go to Mr. Sheppard's house, where was a meeting of the duke of Monmouth, lord Russell, lord Grey, Sir Thomas Armstrong, Mr. Ferguson, and Mr. Sheppard; he came late, and they were just on going away; he delivered the message, and they told him that Mr. Trenchard had disappointed them. He had not been there above a quarter of an hour, but Mr. Sheppard was called down, and brought up Mr. Cornish, and told them Mr. Cornishi was come; who came into the room, and excused his not coming sooner, and that he could not stay, for he was to meet about the charter: whereupon Mr. Ferguson opened his bosom, and under his stomacher pulled out a paper: they told Mr. Cornish they had had it read, and desired to read it to him: Mr. Ferguson read it, Mr. Sheppard held the candle while it was reading, and afterwards they asked Mr. Cornish how he liked it: who said, he liked it very well. He remembered two points in it very well, the one was for liberty of conscience, the other was, that all who would assist in that insurrection, who had church or king's-lands in the late war, should have them restored to them. He did not hear all the paper, and observed only these two points; it was a declaration on a rising, and when the rising was to have been, it was to have been dispersed abroad: there was a rising intended at that time, and Mr. Cornish said, he liked the declaration, and what poor interest he had he would join with it. He had great dealings with Mr. Cornish, and Mr. Cornish was a very honest man, it was out of compassion he had not accused Mr. Cornish before.

Mr. Goodenough said, there was a design to rise in London, and for that purpose to divide the city into twenty parts, and to raise five hundred men out of each part to take the Tower, and to drive the guards out of town. Before that was agreed on, he being by chance at Mr. Cornish's house, said, The law will not defend us; some other way was to be thought

on.

Mr. Cornish said, he wondered the city was so unready, and the country so ready. Mr. Goodenough replied, there is something thought of to be done here; but in the first place the Tower must be seized, where the magazine is. Mr. Cornish paused a little, and said, I will do what good I can, or what I can, or to that purpose, he said.

he would not trust an hair of his head with him, he was an ill man, obnoxious to the government, and had done ill things, and he would not trust his estate and reputation in the hands of such an under sheriff; and he believed Mr. Goodenough and Mr. Cornish were never reconciled. Mr. Love, Mr. Jekyl, and sir Wil liam Turner, testified to the same purpose: Mr. Lane spoke out of the printed trial of my lord Russell, and said, Rumsey in that trial said he did not hear the declaration read, for it was read before he came, Dr. Calamy said, Mr. Cornish did often come to church, and receive the sacrament. Mr. Sheppard said, he was subpoena'd by the king, and by Mr. Cornish the night before; and that Mr. Cornish's son was with him the afternoon of the day before, who prest him to be at the trial the next day; that there were accounts depending between him and Mr. Cornish, whereon there was about one or two hundred pounds due to Mr. Cornish, and Mr. Cornish's subpoena was served first upon him. At one of those meetings at his house, Mr. Cornish came to speak a few words with the duke of Monmouth, or some other, he could not be positive in that, it was many years ago: he did not stay above half a quarter of an hour in the house, Sheppard came up stairs, and went out with Mr. Cornish, and there was not one word read, nor no paper seen while Mr. Cornish was there: he remembered there was a declaration read, Ferguson pulled it out of his shoe: he could not tell whether Mr. Cornish was at his house the night the declaration was read, but he was positive no paper was read while Mr. Cornish was there, for Mr. Cornish was not looked on to be one of the company: be did not know who Mr. Cornish came to speak with, when he came to his house; Mr. Cornish was but once at his house when the duke of Monmouth was there: he did not remember that Mr. Cornish was in the company when Mr. Rumsey was there; he said, he had attended the court from eleven o'clock till half an hour past three.

This being the sum of the evidence given în the trial for and against the prisoner, let us sea whether those inferences could be made from it as were made by the court and counsel? and whether, on the whole, an honest jury, though but of little understanding, could have found him guilty of the treason in the indictment?

no

It is agreed on all hauds, that a petty jury may and must consider the credibility of a witness, (though in the lord Shaftesbury's case it was said a grand jury ought not so to do) and if so, surely Rumsey was not a credible, He afterwards met Mr. Cornish on the Ex- though he was not a disabled witness; change, who asked him how affairs weut; and more than a man who owns himself to be a this was in Easter-term 1683. He had some man of falshood, a profligate wretch, and permatters with Mr. Cornish about managing the jured by his own confession, though not conriot, which was brought against him, Mr.victed of it: he had notoriously confessed Cornish, and others: He came to Mr. Cornish's house about the business of the riot, and no person was by at the discourse. Mr. Gosfright testified for Mr. Cornish, that he opposed Mr. Goodenough's being under-sheriff, and said,

himself guilty of high-treason, and of being in the design of an intended barbarous murder; he had sworn in the ford Russel's trial, he had named all the persons at the meeting he spoke of, of which Mr. Cornish was none; and being

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