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adding farther, that after the Protector was cut off, all that were in command, from the general to the least officer, should be in command but eight days, and every one take their turns; and this would make all the common soldiers to join with me, and all other discontented persons; and that for me to do this action, it was nothing at all, if I would undertake it; saying, that if I would not, although he had never been a soldier, yet he had as much courage to do this action as any man whatsoever; and therefore he pressed me to give my consent, and then he would go to the French embas

would join too. That the said Mons. de Baas did embrace this with much gladness; and said, that he, being a public minister, would assure him, that the cardinal would be glad of the news; and that France would contribute money, and such other things as were necessary for the carrying on this design; and other words to the same purpose. And said, that he would write to the cardinal about it; and did not question but to have a sudden answer. And this examinant further saith, that he, at the desire of the said Baas, went onto him, and had conference with him about the same business, and was usually with him every post-sador about it. I thought it fit to put him off night; but saith, he never saw any answer the cardinal did write, nor knows whether he did write at all. This examinant saith, that in all this discourse he intended nothing of hurt against the government; but was desirous to find out the design of the said Mons. Baas, perceiving by his inquisitiveness, he had somewhat of design; and did accordingly, about eight days before his imprisonment, acquaint the said colonel Buller, that he would acquaint the Protector with it, the business being then quite put off'; and further saith not.

THEO. NAUDIN."

The Information and Examination of colonel day of

Buller, taken the

"That upon Tuesday morning the 18th of April 1654, Dr. Naudin came early to my lodging, where he desired me to walk alone with an in James's Park; where as soon as we were come, he began to praise and extol me with great admiration, adiniring that a person of my quality and experience, with my travels and languages, and so great a soldier, and a person of so much courage and resolution, would suffer myself and services to be so slighted and abused, and myself and country to be enslaved; and that I would not think of a way to make me great, which was in my power to do; and how fit a person I was for it; expressing how much it was for God's glory, and freeing my country from this slavery they were now under, saying, Portugal, Naples, and divers others had thrown off their tyrants, and had and did keep their country ever since to themselves; and that it was in my power, not only to make myself great now, but to posterity for ere: and that I was not less in the world than any other, and had as much right for to govern as any man; and that giving liberty of conscience, I might be sure of all the Anabaptists, Levellers, and Independents would be for me, and stand to me, besides all discontented persons, and many presbyterians and cavaliers; and desired me to be secret, which he wished me for God's sake to do; for otherwise he must perish, if he were known; he proffering me, if I would join with him to cut off the Protector, he would procure mie money enough from the king of France's embassador; and that if I would join with him to cut off the Protector, I should leave it to him to continue and manage the business, which he said was feasible, and nothing to do;

four days, at the end of which I condescended he should go; and accordingly the 22nd of April he went to Mons. le Baas in the morning, and was near two hours alone with him, before he was out of his bed, he commanding all his servants to go out of the chamber. So when they were all alone, the doctor began thus to say: Sir, I am one, that is a lover of his country, and ready to do it service; for you see this tyrant and devil the Protector, who holds now his sword to your throats in France, either to have his own terms by a treaty, (which he is now beginning with you) or to cut your throats. Mons. le Baas desired to know, how he could help him, or serve his country. To which the doctor replied, that if Mous. le Baas would help him with money, there were persons of courage and quality, that would undertake a design with him, to cut off the Protector, and make a division here in England; which motion Mons. le Baas did like very well, and did give him many thanks, and embraced it cordially. And accordingly he sent letters away to the cardinal by the next post for his order, which packet Mons, le Baas sent over with a merchant's son to Calais, on purpose, whom the doctor named, saying, be knew him; but I have forgotten his name : but the governor of Calais sent the letters away; for Mons. le Baas told him he was confident the cardinal would be glad of the news, and embrace it; but he, of himself, could not undertake to act, till he had the cardinal's order. To which the doctor replied, he knew that very well; for although 30 or 40,000l. would be able to begin the business, yet it would cost many millions to carry it on; and that alter the cardinal had approved of the design, be would go over on purpose to the cardinal about the business, which Mons. Baas liked very well, and told him, that the king and cardinal knew, that the Protector had sent divers scouts, which lie in France as his creatures to carry on his designs; and that they knew them all, and all that they had spoken to any of quality, that could help them, and what answer they had given them again; and that they had a vigilant eye on them. And then Mons. Baas desired the doctor to dine with him, and to come often to him; but he told him, he came not to him for his meat, but for the business, which was treated of; and that in case he should dine with him, or

come too often to him, he might be taken notice of; which Mr. Bass did commend him for it. So the doctor went once or twice a week to correspond with him, and for to have the cardinal's answer; which Mr. Baas did faithfully promise him, and desired the doctor to get him certain and private news, how affairs went in Scotland, and to procure him a true list of the strength of the army in England and Wales, and how and where they were quartered, and the number in each garrison, and also of the strength of the army and garrisons in Ireland; which the doctor did very much trouble me, both for a list and private news; and to try to get some in command for to join in the design, being importuned by Mr. Baas, who had promised not to let any man here know any thing; but afterwards did confess to the doctor, that he had told Mr. Bourdeaux, the embassador, and his own brother; and that Mr. Bourdeaux was inquisitive to know, who it was that had treated with him; but Mr. Baas would not tell him. So Mr. Bourdeaux asked him, Whether it was not the big man, the colonel with the great mouth, who had been so often with him, and proffered to undertake to do very great matters against the Lord Protector here? To which Mr. Baas replied, It was another, and not he; but the doctor was with Mr. Baas once or twice a week, for five or six weeks together, treating about the design."

A Letter of Intelligence.

Sir, Paris, July 18, 1654. [N. S.] "Since my former I have only to add, besides what you now have in my letter of occurrents, that from court, of Mons. de Baas nothing is renewed; but the king and cardinal, having the Protector's letter, consult what is to be

done. A complimental answer may be sent; and if the Protector moves not in it, Mazarin will easily let the matter pass. The cardinal and council are so busy, that Arras may be relieved, Stenay taken, and their army increase and maintained, that they think less of their business with England; and Mazarin says, that he will do well enough with England yet, and that Mons. Bordeaux will do all. And indeed Mons. Bordeaux gives now more hopes of success to his negotiation, than when de Baas was there. This de Baas being sent away so civilly by the Protector, is a great honour to his highness here; for few would do him in such cases that honour for any master's sake.

"All or most here are yet of opinion, the Protector is subject to many dangers yet; wherefore he is to have a care, for so much smoke cannot be without a fire. For R. C. is gone to Germany, as you had before; he received the sums of money from this court; and I can assure you, Mazarin sent within these four weeks supplies of monies from Holland to Middleton., R. C. will raise some men in Germany, and go with them into Scotland, if his majesty shall be there visible. Wherefore, if you design to be free, put an end with all speed (if possible) to the war in Scotland. R. C. is to receive considerable succours in Germany; and I have it from such a hand you would give credit to, that he received from England, before he left Paris, 100,000 crowns, to relieve Scotland, with assurance, that if general Monck was defeated, and the royalists march towards England, they should not want assistance in England.

"A second consideration of trouble to your Protector is, the ensuing parliament; but I presume he is wise enough to prevent that with ease, having so done greater matters."

195. The Trial of JOHN GERHARD, PETER VOWELL, and SoMERSET Fox, before the High Court of Justice, for High Treason, in conspiring to Murder the Lord Protector:* 6 CHARLES II. A. D. 1654.

Friday, June 30, 1654. THE High Court of Justice met this day in the Painted-Chamber. Mr. Bond prayed with them about half an hour. The court then sat,

"Discontents" says Clarendon, "were general over the kingdom, and among all sorts of people, of what party soever. The Presbyterians preached boldly against the liberty of conscience, and monstrous licence that sprung from thence: and they who enjoyed that licence were as unsatisfied with the Government as any of the rest, talked more loudly, and threatened the person of Cromwell more than any. But into these distempers Cromwell was not inquisitive; nor would give those men an oppor

and presently adjourned to the Court of Chancery prepared for their sitting: the Lord Commissioner Lisle was President, Mr. Phelps clerk, serjeant Glyn, Mr. Prideaux, and Mr. Ellis, Counsel for the Commonwealth.

tunity to talk, by calling them in question, who, he knew, would say more than he was willing any body should hear; but intended to mortify those unruly spirits at the charge of the king's party, and with the spectacle of their suffering upon any the most trivial occasion. And if, in this general licence of discourse, any man who was suspected to wish well to the king, let fall any light word against the Government, he was sure to be cast in prison, and to be pursued with all possible severity and cruelty; and he

Somerset Fox was first called to the bar, and an Indictment of High-Treason read against him, for joining in a traitorous design to have murdered his highness the Lord Protector, and divers of his council, proclaimed ' and to charge them that they should be quiet, and not engage themselves in any plots; which must prove ruinous to them, and could do the majesty had observed so much of the temper of the people at his being at Worcester, and his concealment after, the fear they were under, and how fruitless any insurrection must be, that he endeavoured nothing more than to divert, and suppress all inclinations that way. However, this High Court of Justice received proof, that Mr. Gerard and Mr. Vowel had been present with some other gentlemen in a tavern, where discourse had been held, how easy a thing it was to kill the Protector, and at the same time to seize upon the Tower of London, and that, if at the same time the king were proclaimed, the city of London would presently declare for his majesty, and no body would oppose him.'

The court was called (each member by name), and the ordinance impowering them read. The prisoners to he tried were, Mr. John Gerhard, gentleman; Mr. Peter Vowel, schoolmaster of Islington; and Somerset Fox. could not want frequent opportunities of revenge this way. It was the greatest consolation to miserable men, who had, in themselves or their friends, been undone by their loyalty, to'king no good:' which was very true: for his meet together, and lament their conditions: and this brought on invectives against the person of Cromwell; Wine and good fellowship, and the continuance of the discourse, disposing them to take notice of the universal hatred that the whole nation had of him, and to fancy how easy it would be to destroy him. And commonly there was, in all those meetings, some corrupted person of the party, who fommented most the discourse, and, for a vile recompence, betrayed his companions, and informed of all, and more than had been said. Whereupon a new plot was discovered against the Commonwealth and the person of the Protector, and a High Court of Justice was presently erected to try the criminals; which rarely absolved any man who was brought before them. But to this kind of trial they never exposed any man but those of the king's party; the other, of whom they were more afraid, had too many friends to suffer them to be brought | before such a tribunal; which had been first erected to murder the king himself, and continued to root out all who adhered to him. No man, who had ever been against the king (except he became afterwards for him) was ever brought before that extravagant power; but such were remitted to the trial of the law by juries, which seldom condemned any.

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"Upon this Evidence, these two gentlemen were condemned to be hanged; and upon the 10th of July, about two months after they had been in prison, a gallows was erected at Charing - Cross; whither Mr. Vowel was brought; who was a person utterly unknown to the king and to any person entrusted by him, but very worthy to have his name, and memory, preserved in the list of those who shewed most magnanimity and courage in sacrificing their lives for the crown. He expressed a marvellous contempt of death; which,' he said, he suffered without having 'committed any fault.' He professed his duty to the king, and his reverence for the Church; and earnestly and pathetically advised the people to return to their fidelity to both; which,' he told them they would at last be compelled to do after all their sufferings.' He addressed himself most to the soldiers; told them how unworthily they prostituted themselves to serve the ambition of an unworthy tyrant;' and conjured them to forsake him, and to serve the king; which, he was sure, they would at ⚫ last do.' And so having devoutly recommended the king, and the kingdom, and himself, to God in verv pious prayers, he ended his life with as much Christian resolution, as can be expected from the most composed cunscience.

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"The very next month after the peace was anade, for the better establishment of Cromwell's empire, a High Court of Justice was erected for the trial of persons accused of holding correspondence with Charles Stuart' (which was the style they allowed the king) and for having a design against the life of the • Protector, to seize upon the Tower, and pro'claim the king.' The chief persons they accused of this were, Mr. Gerard, a young gentleman of a good family, who had been an ensign in the king's army, but was not at present above twenty two years of age; the other, one Mr. Vowel; who kept a school, and taught many boys about Islington. Mr. Gerard was charged with having been at Paris, and having there spoken with the king;' which he confessed; and declared that he went to Paris "The Protector was prevailed with to shew upon a business that concerned himself' more respect to Mr. Gerard in causing him to (which he named) and when he had dispatch-be beheaded, who was brought the afternoon 'ed it, and was to return for England, he desired the lord Gerard, his kinsman, to present him to the king, that he might kiss his hand; which he did in a large room, where were many present; and that, when he asked his majesty, whether he would command him any service into England? his majesty bid him to commend him to his friends there,

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of the same day to a scaffold upon the TowerHill. But they were so ill pleased with the behaviour of him who suffered in the morning, that they would not permit the other to speak to the people, but pressed him to dicover all the secrets of the plot and conspiracy. He told them, that if he had a hundred lives,

he would lose them all to do the king any

Charles Stuart king, seized on the present guards and forces, involved the nation in a bloody war, &c.

Somerset Fox did ingenuously confess the charge against him upon the main to be true, and that he is Guilty.

Then Mr. John Gerhard and Mr. Peter Vowell were brought to the bar, and an indictment to the same purpose as that against Somerset Fox, read against them. They pleaded Not Guilty, and denied every thing. Vowell said, that he required a jury of twelve of his equals, it being a law confirmed by Magna Charta; and according to the sixth Article of the Government by the Lord Protector also, that law being not repealed, and therefore that he might be tried by his peers. The Lord President told him, That the members of the court were his peers, not his superiors but his equals, and that they were present near twice twelve, as he saw and that they are to proceed by the power of an Ordinance before them.

It was also told him by serjeant Glyn, that he had owned the jurisdiction of the court in pleading Not Guilty.

Vowell said he was a man ignorant in the law, and desired advantage might not be taken of his weakness.

The Attorney-General (Prideaux) said, none desired to take any advantage of any thing, he wished they had not brought themselves into these troubles; that they were there in the bame of the Lord Protector of the Commonwealth of England to accuse the prisoners at the bar, and to bring in their Proof, and the

service, and was now willing to die upon that suspicion; but that he was very innocent of 'what was charged against him; that he had not entered into, or consented to any plot or 'conspiracy, nor given any countenance to any discourse to that purpose;' and offered again to speak to the people, and to magnify the king: upon which they would not suffer him to proceed; and thereupon, with great and undaunted courage, he laid down his head upon the block."

Hume thus expresses himself concerning this transaction:

"Another act of severity, but necessary in his situation, was, at the very same time, exercised by the Protector, in the capital punishment of Gerard and Vowel, two royalists, who were accused of Conspiracy against his life. He had erected a High Court of Justice for their trial; an infringement of the ancient laws, which at this time was become familiar, but one to which no custom or precedent could reconcile the nation: Juries were found altogether unmanageable. The restless Lilburne, for new offences, had been brought to a new trial, and had been acquitted with new triumph and exultation. If no other method of conviction had been devised during this illegal and unpopular government, all its enemies were asured of entire impunity.'

prisoners were to defend themselves as well as they could; and when both sides were heard, it was to be left to the Court to determine, and to judge between them.

And it was declared that the Plot was to this effect: That the plot was to seize on the Lord Protector and murder him, and some of the council and others, and proclaim and bring in Charles Stuart, son of the late king, to be king, which bloody design was to be effected thus: That the first hatching of the plot was in England by Mr. Hinshaw, who was one of the chief plotters, and others; Mr. Hinshaw went over from England to France to acquaint Charles Stuart (whom they called their king) with the design, and Mr. John Gerhard about that time went over to France also, who had told Mr. Hinshaw that he would do nothing in it until he had first had approbation from Charles Stuart. Mr. Wiseman was also then in France with them.

Address was made to Prince Rupert, and the design made known to him, desiring him to communicate it to (him they called) the king, who accordingly did, and brought Mr. Hinshaw to him; but Charles Stuart at the first delivered his judgment in the thing, that he was at present unsatisfied at that time to go on in that design for three reasons. 1. Because it would be dishonourable to him in the esteem of other princes, in case such a thing should be known, and should not be effected, to come in in such a way. 2. Because it did not seem to him to be feasible, but unlikely to be effected. 3. Because it was not at that time seasonable. But prince Rupert afterwards did much encourage and persuade, That the design might be carried on, and promised all assistance.

Mr. Hinshaw and Mr. Wiseman returned into England, Mr. Gerhard stayed there a while longer, but some weeks after came back also; Mr. Hinshaw declared to his confederates bere in England what overtures had been with Charles Stuart, and that prince Rupert had engaged to send ten thousand Scots, English and French, and the duke of York to come with them to land in Sussex, and other places, and that there would be forces enough ready to, assist and join with them.

Mr. Hudson the minister was thought on, to have letters of credence from Charles Stuart, who sent a letter to him; and that which he desired in case the plot had taken, was to be made the Master of Sutton's Hospital, which Mr. Hinshaw promised him.

One Master Philips, also, and others, were treated with about it, and master Gerhard returning from France, the Plot was resolved to be carried on, which was to be effected thus: 1. They were to seize on the Lord Protector, and murder him; aud to do this work, they should take the opportunity of his going to Hampton-Court, which he used to do every Saturday with a small number slenderly armed; and those that were to do this were master Hinshaw and Mr. John Gerhard, with 30 horse. Mr. John Gerhard to bring 25 horse, and Mr.

Hinshaw five, which each of them was to engage. Mr. Gerhard was something cautious not to discover who they were he engaged, before an oath of secrecy was given, but 25 he had undertaken for. Mr. Hinshaw's five were himself, Mr. Tuedore the apothecary, Mr. Wiseman, col. Aldridge, and another, and then to seize on the Tower of London, and to go on with their work.

2. If that failed, to seize on all the guards about Westminster, which they thought 2500 sufficient to do, and carry on their work here about London; and for that purpose Mr. Hinshaw, Mr. Gerhard and others viewed the Meuse, and the rest, and was heard to say, what a pity it was that so slender guards should not be seized on! And that when the soldiers were at nine-pins in the Meuse, it was but shooting off a pistol, and presently to fall on.

3. The last way to have it effected to be thus: That when the foot regiments that are for the guards about London were mustering in Tothil-fields, as they used several times to do,

to come into Tothil-fields and meet them there as of their own party, and when they have laid down their arms to seize upon them, and have others to be ready at the same time every where to perfect the work. And for this purpose, if they acted this way, Col. Finch with a party of 200 was to fall into London, and do the work in the City. Major John Gerhard to fall on Whiteball. Col. Hinshaw to fall on the Meuse. Col. Daniel with 200 to fall on St. James's. Another to fall into Southwark. And one Billingsly, a butcher at Smithfield Bars, with a party to fall upon Islington; and it was pressed that the opportunity might not be neglected.

Vowell being at Mr. Hudson's house, it was said by him, That the design might still go on, though some were discovered; Mr. Hinshaw and Mr. Wiseman came to him to Islington to his house, from whence they went to drink their morning's draught. Mr. Vowell said, there were enough to do the work still; Mr. Wiseman said There were many horse to fall on; Mr. Vowell said, It might be easily done.

One Wharton in Black-friars was to proclaim Charles Stuart king, and col. Finch was to seize on the Lord Mayor, and make him to proclaim him; Somerset Fox and others were to raise Apprentices to join in the design; but the Lord Protector going by water disappointed them.

Vowell then said to the Court, That they were not his peers because they were his judges, and therefore desired a jury of twelve of his equals.

Prideaux answered, that so a jury are the judges, though they be the Prisoners peers.

The Witnesses against the Prisoners at the Bar

were called for.

John Wiseman was sworn, and being required to give evidence what he had to say touching the prisoners at the bar, avouched the charge against them, and said, That he was with Mr. Hirshaw in France, who did communicate by prince Rupert to Charles Stuart the design, as is before expressed. That he saw Mr. John Gerhard oftentimes with Mr. Hinshaw while he was in France, and that he told him in England, That there was a Plot to fall on the Lord Protector, and to bring in Charles Stuart to be king, and to the rest of that design as is before expressed. And about three weeks after he met Mr. Hinshaw and Mr. John GerAnd that the work might be the more fea-hard, and they went to James's, and the Meuse, sible, they considered how as many of the sol-Whitehall, and other places. That Mr. John diery as might be, might be engaged in the Gerhard told one Mr. Minors of the business, business. And the Papists (who had a great and how they were to fall on my Lord Protector, hand in the design) gave information of two and so as before expressed. soldiers of the army, that used sometimes to come and hear mass; and these two they sent a papist woman to, who engaged them, and their direction was, to give intelligence at Mr. Hudson's house, where Mr. Hinshaw and others of them frequented.

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Master Vowell was cautious, being a solid man, for his work was not to bear arms, but as a privy-counsellor to them, and he was to engage Mr. Billingsly the butcher with a party to seize the Lord Protector's house at Islington, and him Mr. Vowell recommended to be a very fit man for that work. And they had this art, to endeavour to make the Lord Protector odious to the people, in turning the design upon him by a Libel, which was scattered up and down London, that his highness and the army had a design to massacre all but their friends in all parts of England; and this libel was written by Mr. Fenshaw, which was got printed by one in Newgate-market, and Mr. Vowell had one of them.

When the design was discovered, and Mr. Gerhard and some others apprehended, Mr.

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Then Mr. Gerhard interrupted him, saying, How should this be done with a company of gecse ?'

To whom Mr. Prideaux answered, 'That he knew best how it should be done, and wished he had never known it, nor gone about it.

Wiseman went on in his evidence, and said, That Mr. John Gerhard being at Mr. Hudson's house, did there speak about the plot to fall on the Lord Protector, &c. That he had a dispute with Mr. Hinshaw (whom the said Wiseman calleth brother by some relation), That such a time, and so and so, would be seasonable (mentioning some particulars): That another day he heard Mr. John Gethard say, That he was to command the party, and had a pistol that would discharge three several 'imes, Mr. Hinshaw and several other persons being then by; and that he doubted not but it would be seasonable. That there were to be about thirty persons to fall on the Lord Protector; that his brother Hinshaw said he was to bring tive, and Mr. Gerhard 25 to do the work, and named the five aforesaid that his

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