[782 bly beseech and supplicate your majesty, in | instance of it at home, of one sir Paul Whityour sovereign compassion and great goodness, ford, who murdered Dorislaus, Oliver Cromto intercede with the king's most excellent well's ambassador at the Hague. This base majesty for the removal of your petitioner's un- and wicked act might tend to the service of fortunate husband, the said major John Ber-king Charles 2, when in exile; however the nardi, from Newgate to the King's-bench prison.

"And your petitioner shall ever pray, &c."

To conclude this point, it is manifest by the before-recited copies of petitions, cases and certificates, and distinct allegations of the said major John Bernardi, that he was not guilty even of as much as misprision of treason, having never had, directly or indirectly, any knowledge of the said horrid conspiracy.

Here are two passages to be curiously enquired into; the first of which is, how Bernardi came to be put into a proclamation? The answer to this is not at all difficult. Undoubtedly it was by reason of George Harris's information of his being then in the Compter with captain Rookwood; which Rookwood was accused upon oath, though Bernardi never was. And this seems to be more unquestionably evident, in regard the proclamation, wherein Bernardi is named, did not come out until the very morning before Bernardi and Rookwood were taken out of the Compter by the Guards at midnight, upon Harris's information, which was five weeks after the discovery of the Plot, and Bernardi's name was never inserted in any former proclamation.

king, after the restoration, never suffered Whitford to appear in his presence, though he had been a favourite before; and if his majesty allowed him any thing, it was done so privately, that nobody knew it, and he lived and died in a remote part of the kingdom.

Bernardi quitted to the amount of about 5001. a-year, which he had coming in by employs, and by his wife's fortune, upon king James's demanding his subjects home from the Dutch service; and it may be therefore reasonable to believe, that Bernardi was in some esteem with the king as long as his majesty lived; and nothing but a fool or a madman could be so stupid as to forfeit such an advantage, by engaging in a vile, wicked, and most disho nourable action, which neither king nor subject could justify.

It may not be improper here, for manifesting and clearing up Bernardi's innocence beyond all contradiction, to give a particular relation of what passed before the lord chief justice Holt, upon the evidence given before his lordship, upon Bernardi's being suspected to be concerned in the said horrid and detestable conspiracy, the witnesses and discoverers of which were captain George Porter,* Mr. Le Rue,

*This George Porter, the principal evidence in the Assassination Plot, and against sir John Fenwick and the rest, was tried for the murder of sir James Hacket; and his Trial is here inserted.

The TRIAL of George Porter, esq. for the murder of sir James Hacket, of Scotland, knt. at the sessions of the peace, Oyer and Terminer, held at Justice-hall in the OldBailey, London, on Wednesday, Thursday, Friday, and Saturday, the 10th, 11th, 12th, and 13th days of December, 1684, before the honourable sir James Smith, LordMayor of the City of London, sir Thomas Jenner, knt. one of his Majesty's Serjeants at Law, and Recorder of the aforesaid City; together with other Justices of London and Middlesex.

The next and second question is, On what grounds he was first confined by act of parliament? To which Bernardi answers, that the duke of Shrewsbury having inserted in his commitment the following positive words, viz. for being concerned in the horrid conspiracy, &c. though not a syllable of any charge upon oath, his grace's word under his hand was not to be called in question by the parliament, in favour of a poor, inferior, supposed enemy to the government and how Bernardi, or any other man, could have the confidence to set forth so positively, by petitions to the king, and a case to the parliament, that he was never charged upon oath, if he had ever known or heard of any evidence against him, and in which (if the contrary had been fact) he might easily have been contradicted, is not to be accounted for. He affirms, and with great truth, that he never lay under the odium of being guilty of any base or dishonourable act in the whole course of his life, until the commencement of his present deplorable sufferings; which may gain some credit from his several promotions in commission from time to time, both abroad and at home and laying aside all George Porter, of London, esq. was indicted true notions of honour, no man in his senses, for killing sir James Hacket, in the parish of having capacity or common sense enough to St. Bride's, London, on the 11th of October, judge of his own interest, could sure be se in- 1684, in the 36th year of his majesty's reign. fatuated as to engage in so horrid an action; The case and circumstances appearing on the because no prince upon earth, being a Chris- Trial were, that the deceased and the prisoner, tian, could or would ever countenance such a being at the Duke's theatre in Salisburyman afterwards, though what he did might Court, after the play ended, a great crowd turn to such prince's service. We have an happening upon their coming out, and sir James

Jury.-Ralph Box, William Moyer, Walter Coventry, Jacob David, John Palmer, Ralph Attley, Thomas Harrison, Francis Smith, WilIzzard, John Easton, John Fauster, Roger

liam Drinkwater.

affirm that nothing can be more false and un- nor put in dungeons, or otherwise ill used in true: for no one evidence or discoverer of that prison; but he is always handsomely provided abominable conspiracy was ever prevailed on for, and allowed a liberal subsistence by the to abscond or quit the land, or ever absented government according to his rank and degree: himself, while the government had any use or But in our said English Bastile no state-prisoner occasion for him. Mr. Goodman indeed, the has any allowance made him from the governstage-player, had been a copartner evidence ment, and in case he hath not of his own, he with captain George Porter against sir John must live upon charity, if he can be so happy Fenwick, who was charged by them with as to meet with it, or starve: and in case he being concerned in a different species of trea- hath any known substance, he must expect to son, with other persons of quality, by endea- be squeezed out of a great part of it, or he shall vouring to procure an invasion from France, have much worse lodging than many a toleratwo years before the assassination-plot broke ble dog-kennel of a kind good-natured country out, though sir John Fenwick was not accused esquire would make, be loaded with irons, and by Goodman and Porter till that time. True used worse than a dog. And all this is perit is, that the said Goodman was soon after in- mitted or connived at, under a government, the fluenced by a bribe and fair promises (as is voice of whose people is almost perpetually supposed) to quit the kingdom, thereby to pre- boasting of liberty and property, the words livent sir John Fenwick's being convicted of berty and property being ever uppermost, and high treason by the common law; which oc- at their tongues end, and they constantly excasioned the parliament's passing a bill of at- claiming against arbitrary power: But God tainder against him, which took away his life. alone knows the sincerity and soundness, or the But that was not the case, in any respect, hollowness and deceitfulness of men's hearts. of Bernardi, Counter, Meldrum, Chambers, Can it be accounted for, that so much oppresBlackburn, and Cassels, or any of them: nei- sion should be suffered to be practised in a free ther was Goodman ever so much as mentioned and Christian nation (as England is); and, on or charged with the knowledge of, or of being the contrary, that so much humanity and relief in any manner concerned in the assassination- should be shewn and used to state-prisoners in plot; so that he neither was, nor could be an distress in France, under an absolute, and arbievidence against any one upon that account. trary government? Sure it cannot proceed from Providence was so gracious, merciful and in- the French being more honest, more polite, dulgent to major Bernardi, in the midst of his more humane, less malicious and revengeful, miseries and afflictions in Newgate, as to pro- or of a more generous and Christian temper, vide him a second virtuous, kind and loving than the English. For my part, I am so far wife, in the year of our Lord 1712, who hath from asserting it, that I will not so much as proved to him a true helpmeet, having by her think it. But this I will affirm, that what I good management and industry, and great and have before observed with respect to the differkind care of him, contributed much to his sup- ent usage of prisoners, in the two several bas port and comfort, and to the keeping of his tiles of the different nations, is not more heart from breaking, under the worst of his strange than true. And now I have nothing hardships, difficulties and distress. And by her more to add hereunto, but my hope and earnest he hath had, during his confinement in New- desire, that such as, out of curiosity or othergate, ten children, who in respect of charge and wise, shall give themselves the trouble to read expence under his strait and narrow circum- this small tract, will be pleased to judge fastances, and under his immurement, or being vourably of me; to which intent I was chiefly buried alive, have been no small burthen to him; moved and induced to the pains of writing it in yet he esteems them great blessings bestowed my old age, and to prevent an infamous and upon him by Almighty God, at whose tribunal, odious character of me from being wrongfully after this miserable and wretched life ended, he and injuriously handed down and transmitted knows he shall appear innocent of the heinous to posterity; the very thoughts of which have and monstrous crime laid to his charge; and been more grievous to my mind, and more for the bare mistaken suspicion of which he hath piercing and wounding to my spirit, than all in three reigns (and for near a year and three the rest of my hardships and sufferings, which quarters in a fourth) been so severely treated: will ever be the case of a man well born, having and then be shall, if not sooner delivered by any an honest heart, a soldier, and a man of hoking upon earth, God Almighty's vicegerent nour. Such a man can ill bear reproach and here below, be delivered from the English disgrace, not having deserved it, and to whom bastile (vulgarly called Newgate) by the great his good name and fame must be ever dearer, and merciful God himself above, the king of and by him held in much greater esteem, kings, and only ruler of princes. It may not than any other thing in life, nay, even than be improper here to distinguish our said Eng-life itself, and the author being old, as belish bastile from that in France, and to shew in what circumstances they materially differ. To which end know, candid reader, that a stateprisoner in the Bastile in France pays not, nor is squeezed out of any thing for his lodging, meat, drink, or ease, nor is loaded with irons, VOL. XIII.

fore mentioned, and (as he doth hereby frankly own) unlearned, and not skilled in letters, having chiefly been trained up in war, and not much in scholarship, he humbly hopes the same may in some measure plead his excuse for such defective words as may be found in this his 2 E

misfortune to him, the same is verified in this, that he hath thereby survived almost all his contemporaries, friends, and acquaintance, who have contributed to his support. And it is now too late in the day, and under confinement for him to hope or expect to make any new ac

short narrative, and for the plainness and ununcorrectness of its stile. Untruths or misrepresentations there are none in it, to the best of his knowledge and memory; nor hath he intentionally, or at all, to the best of his judgment, herein reflected upon any person whomsoever in any wise, or upon the power, justice, or wis-quaintance or friends, whereby he may reap dom of the several parliaments, by whose renewed acts, from time to time, his confinement in prison hath been spun out to so great a length: nor upon the courts of justice and learned judges presiding therein, who have had the several opportunities before-mentioned of discharging or bailing him according to law, further or otherwise than as any reflection upon any of them, from the particular facts by him herein plainly, truly, and impartially stated, may naturally and unavoidably arise and re

sult.

One very great misfortune it hath been to the author, and the last that he will trouble his reader withal; and which would scarce, in the case of another, be deemed a misfortune, but rather on the contrary be esteemed a very great blessing, viz. That he hath lived to so great an advanced old age, which most people would naturally desire to do, life generally speaking, being sweet, and the very thoughts of death abhorrent and shocking to nature; though death, when all other friends fail, is most certainly a kind and sure friend and deliverer in time of need, from chains and gaols, an hell upon earth: But to explain and make out, that the author's having lived so long hath been a

any advantage or assistance under his present
difficult circumstances, unless this his little
tract may perchance make him some friends
among the good-natured, generous, and cha-
ritable part of mankind, who shall not be void
of all sense, notion, and fellow-feeling of an-
other's suffering; nor be perfect strangers to
all humanity, pity, commiseration and com-
passion; nor profane that sacred petition in the
Lord's prayer, viz. Forgive us our trespasses,
as we forgive them that trespass against us;
as it is to be feared many do, by having it in
their mouths, when they themselves, with
hardened bearts, cannot forgive even the inno-
cent and guiltless, who have not trespassed
against them. And so the author concludes
with bidding his reader heartily farewel; and
in attestation of the truth of what he has writ,
he takes the freedom to subscribe his name.
Newgate,
JOHN BERNARDI.

March 1, 1728.

Robert Elphinstone, off

Lapness; captain
captain John Hen-
dry, in Borroustounes; Patrick Campbell
called Black Patrick, sone to Mr. John Camp-
of Barnageid; Maclachlan, of Dunad; Camp-
bell, of Blairin-tibbert, were sentenced to be
executed and demeaned, &c. in common form.
This is all I meet with as to the gentlemen
concerned with Argyle this year: we shall
meet with some more next year; it was their
estates now they were seeking for more than
their blood.” 2 Wodrow, 587.

Forrester, minyster; Mr. George Wishart, | Browne;
preacher; Mr. Alexander Hastie;
John Guthrie ;
John Rodger,
sometyme in Borroustounes, Guner; Walter
October, 1685, are forfeited for joining with
Argyle in his rebellion. The witnesses against
them were the laird of Ellangreig, &c, though
under process of treason themselves. Among
others, was Campbell, of Otter, whose estate
the king has gifted to commissar M'Lean, son
to the bishop of Argyle. There were sundry
apparent heirs among the forfeited, whose se-
cond brothers were on the king's side with
Athole. It were but charity to encourage them,
to make them donators to their brothers for-
feiture.

"January 11th, 1686. Campbell, of Ellangreig, is forfeited for being with Argyle; but he relies on a promise of the marquis of Athole's to get him a remission." Fountainhall.

"Jan. 4, 1686. The Advocate produced an indictment upon the score of rebellion against Campbell and others. There are a vast many persons put together in this indictment, upward, I think, of four score, most part are gentlemen of the name of Campbell. I name but some of them of most note: Sir Duncan Campbell, of Auchinbreck; Campbell, of Barbreck; Mr. Arch. Campbell, son to lord Neil Campbell, whom we had forfeited before, and how he comes in again here I know not; Campbell, younger, of Melfort; Campbell, of Knap; Mr. Alexander Campbell, Advocate; Campbell, of Kilberry, younger; Alexander Macmillan, of Drummore; David M'Neil, of Crer; Duncan Campbell, of Carridel; Alexander Campbell, of Otter; major Henryson; captain John Fullerton; Mr. Geo. Wishart, (I fancy it ought to be Barclay) preacher; Mr. Alexander Hastie, preacher; Robert Elphiston, of Lapness; captain John Henry; Patrick Campbell, commonly called Black Patrick; Patrick M Kater, of Inchrennie; Archibald M'Levernock, of Oab; Iver M'Iver alias Campbell, of Aishness; Campbell, of Earnathen; Campbell, of Kildaven; Ker, of Kersland, younger; John Campbell, of Dargachie; Rt. Campbell, his brother; Dugal Mactavish, of Dunardrie; Alex. Macarter, captain of the late Argyle.

"There is nothing of probation against those persons in the Registers; but they are remitted to the assize, who bring them in as being guilty in the rebellion with the earl of Argyle, and the Lords sentenced them to be executed and demeaned as traitors when apprehended in common form.

"Jan. 18th. Duncan Campbell, of Allengreig, younger, confesseth his accession to the late earl of Argyle's rebellion, casts himself upon the king's mercy. He, with his father Colin Campbell, of Allengreig, are sentenced to be executed July 9, at the Cross of Edinburgh, but remissions were got by that time. And December 7, Campbell, of Balnavie; Campbell, of Dana ; Campbell, of Balgaltro; Maclachlan,

I have not observed that these proceedings are mentioned by Burnet (who, indeed, was upon the continent of Europe when they occurred) or by Mr. Laing: yet several particulars in these proceedings, highly illustrate the character as to state prosecutions, of king James the 7th's government in Scotland; and of the pannels included in the dittay of this first case, some were absent, and some were dead; of some the abodes, of some the Christian names, and of some the surnames are omitted. And the proceedings against the Campbells, of Allangreig, exhibit a most remarkable spectacle, a prosecution to conviction, on the part of the crown, of two persons charged with rebellion, who were tried within a fortnight after the crown had had the benefit of their testimony for the conviction of others who were charged to be their associates, and who it should seem were their neighbours, their friends, and their relatives.

In the first act of the second session of the first (and only) parliament of king James the 7th, 1686, (Act of Dissolution of the Lands of Cesnock and Duchal); and also in the ninth act of the same session (Act of Annescation of the Baronies of Muirhall and Melfort to the crown) it appears that James had (March 19th, 1686) granted to Melfort the lands of sir Duncan Campbell and other pannels named in this first dittay; and also of Colin Campbell, elder, of Allengreig, and Duncan Campbell, younger, thereof," which fell in his majesty's hands by the forfeiture of the forenamed persons." The unsparing rapacity of the court devoured at once the jackall and his prey.

See, also, Act 18, of the second session of the first (aud only) parliament of king William and queen Mary, A. D. 1690: Act rescinding the Forfeitures and Fines past since 1665.'

Patrick Campbell, who was produced as a witness on the part of the crown, upon the trial of Campbell, of Oab, and others, was, it appears, at that time himself under sentence of death. In the act rescinding the forfeiture of Fletcher of Saltoun (chap. 16, of king William and queen Mary's first parliament) one of the grounds of reversing the judgment of Mr. Fletcher is stated to be, that the witness against him was under the terror of death, and temptation of a remission as standing charged with and prisoner for the same alleged crimes, and not pardoned till he had deponed in court.