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'members cut from your body, and both burnt in your sight; that your head be cut off, and your body divided into four quarters, which head and quarters are to be at the king's dis'posal; and God Almighty have mercy upon your soul.'

Cook. I beg, if your lordship please, that I may have my relations and friends come to see me, and some divines, the better to prepare me for another world.

Recorder. Mr. Cook, if you will give the names of those that you would have come to you to the officer, care shall be taken in it; and you will not be denied any reasonable helps that may be had for your preparation for eternity.

Att. Gen. It is not fit he should be denied any reasonable help; but in the mean time there is reason for the government to be cautious, upon the account of what has notoriously past in the case of some others.

Recorder. If he give in the names, it will be considered of, and care taken that nothing be done but what is reasonable and safe.

Then the Prisoner was taken from the bar, and the Court proceeded to what was remaining of the business of the sessions.

He was afterwards pardoned, upon condition of transporting himself, and never returning any more to England.

The following Article (undated) is published in Dalrymple's Memoirs, Appendix to part 2, book 7.

"He gives an account of his having been in France, several years ago; that he went on my lady Philips her business, but being there, the compliments of several persons to the king; was introduced to king James, and carried over particularly from archbishop Sandcroft, lord Ailesbury, lord Montgomery, sir John Fenwick, lord Clarendon, lord Litchfield, lord Huntingdon, lord Weymouth, sir Edward Seymour, and others; he brought back messages to some of them, and was bid to see the marquis of Halifax, as being a man of honour, who received him very civilly; he brought rowing 6,000l. they were directed to lord Ailesover instructions from king James for the borthey all excused it. bury, lord Litchfield, and lord Brudenell, but

Mrs. Iron sent him advice of the La Hogue business, which he communicated to lord Halifax, whereupon he found him uneasy at his staying longer with him, and told him he knew what he had to do.

at a tavern in Holborn, where were the lord "He says at that time, there was a meeting Brudenell, sir Theophilus Ogelthorpe, sir Francis Windham, major George Mathews, Mr. Bruce, colonel Fountaine, one Holmes, and several others: they advised with one another what they should do upon that invasion; it was resolved those who had horses should ren-, dezvous towards Cane wood, and those who had none should get near the Tower, to join with sir John Freind's party. There was a regiment lined with yellow, which they were told they might depend upon."

390. The Trial of ALEXANDER KNIGHTLEY, at the King's-Bench, for High-Treason: 8 WILLIAM III. a. d. 1696.

THURSDAY, April 30, 1696. THIS day the Keeper of Newgate brought to the bar of the court of King's-bench Alexander Knightley, by virtue of a writ of Habeas Corpus, issuing out of that court for that purpose, to be arraigned upon an indictment of high treason found against him at the sessions of Oyer and Terminer, holden for the county of Middlesex; which indictment by writ of Certiorari was removed into the King's-bench. The return of the Habeas Corpus was deliver ed, and then the prisoner was arraigned thus.

Cl. of Ar. Alexander Knightley, hold up thy hand. (Which he did). Thou standest indicted by the name of Alexander Knightley, late of the parish of St. Paul Covent-Garden, in the county of Middlesex, gent. for that you not having the fear of God in your heart, nor weighing the duty of your allegiance, but being

moved and seduced by the instigation of the devil, as a false traitor against the most serene, most illustrious, and most excellent prince, our sovereign lord William the third, by the grace of God of England, Scotland, France and Ireland king, defender of the faith, &c. your supreme, true, rightful, lawful and undoubted sovereign lord, the cordial love and true and due obedience, fidelity and allegiance, which every subject of our said lord the king, that now is, towards him our said lord the king should bear, and of right onght to bear, withdrawing, and utterly to extinguish, intending and contriving, and with all your force purposing and designing the government of this kingdom of England, under him our said lord the king that now is, of right, duly, happily, and very well established, altogether to subvert, change, and alter, as also the same our lord the king to death and final destruction to put

muskets, rapiers and swords, and other wea pons, ammunition, and warlike things, and military instruments, falsly, maliciously, secretly, and traitorously you did obtain, buy, gather together, and procure, and to be bought, obtained, gathered together, and procured, did cause, with that intent to use, employ, aud bestow them in and about the detestable, horrid, and execrable assassination, killing, and murder of our said lord the king that now is, as aforesaid; and the same premisses the more safely and surely to execute, do, and perform, you the said Alexander Knightley, with one Edward King, late for high treason, in contriving and conspiring the death of our said lord the king that now is, duly convicted and attainted, by the consent and assent of divers of the trai tors and conspirators aforesaid, in the said tenth day of February, in the seventh year abovesaid, traitorously did go and come to the place proposed, where such intended assassination, killing, and murder of our said lord the king, by. lying in wait, should be done, performed, and committed, to view, search, and observe the conveniency and fitness of the same place for such lying in wait, assassination, and killing there to be made, performed, and committed; and that place so being seen and observed, afterwards, to wit, the said day and year, your observations thereof to some of the said trai tors and conspirators you did relate, and impart, to wit, at the parish aforesaid, in the county aforesaid, against the duty of your allegiance, and against the peace of our said sovereign lord the king that now is, his crown and dignity, and against the form of the statute in this case made and provided. How sayest thou, Alexander Knightley, art thon guilty of the high-treason whereof thou standest indicted, or Not Guilty?

and bring, and his faithful subjects, and the
freemen of this kingdom of England, into in-
tolerable and most miserable slavery to Lewis
the French king to subdue and inthral; the
tenth day of February, in the seventh year of
the reign of our said sovereign lord the king
that now is, and divers other days and times
as well before as after, at the parish of St.
Paul Covent Garden aforesaid, in the county
aforesaid, falsely, maliciously, devilishly, and
traitorously you did compass, imagine, and
contrive, purpose, design, and intend our said
sovereign lord the king that now is to slay,
kill, and murder, and a miserable slaughter
among the faithful subjects of our said lord the
king, throughout this whole kingdom of Eng- |
land, to make and cause; and your said most
wicked, most impious, and devilish treasons,
and traitorous compassings, contrivances and
purposes aforesaid to fulfil, perfect, and bring
to effect, you the said Alexander Knightley af-
terwards, to wit, the same tenth day of Fe-
Bruary, in the year abovesaid, at the parish||
aforesaid, in the county aforesaid, and divers
other days and times, as well before as after,
there and elsewhere in the same county, falsly,
maliciously, advisedly, secretly, traitorously,
and with force and arms, with very many
other traitors to the jurors unknown, did meet,
propose, treat, consult, consent, and agree him
our said lord the king that now is, by lying in
wait and deceit, to assassinate, kill, and
murder; and that execrable, horrid, and de-
testable assassination and killing the sooner to
execute and perpetrate, afterwards, to wit, the
same day and year, and divers other days and
times, at the parish aforesaid, in the county
aforesaid, traitorously you did treat, pro-
pose, and consult with those traitors, of
the ways, manner, and means, and the time
and place where, when, how, and in what
manner, our said sovereign lord the king, so
by lying in wait, might be slain and killed;
and that you did consent, agree, and assent
with the same traitors, that forty meu on horse-ance!
back, or thereabouts, of whom you the said
Alexander Knightley were to be one, with guns,
muskets, and pistols, charged with gunpowder
and leaden bullets, and with swords, rapiers,
and other arms armed, should lie in wait and
be in ambush, the same our lord the king in
his coach being when he should go abroad to
attack; and that a certain and competent num-
ber of those men so armed, upon the guards
of our said lord the king, him then attending,
and being with him should set upon, and should
fight with them and subdue them, whilst others
of the same men so armed, him our said lord
the king should assassinate, kill, slay, and
murder; and you the said Alexander Knight-
ley, your treasons and all your traitorous in-
tentions, designs, and contrivances aforesaid
to execute, perform, fulfil, and bring to effect,
afterwards to wit, the aforesaid tenth day of
February, in the seventh year abovesaid, at
the parish aforesaid, in the county aforesaid,
divers horses, and very many arms, guns,

Knightley. Not guilty.

Cl. of Ar. Culprit, How will you be tried?
Knightley. By God and my country.
Cl. of Ar. God send you a good deliver

Knightley. With submission to your lordship, I did not expect, in this weak condition that I am in, to be brought at this time to the bar; that having taken me off extremely from the application that I should have otherwise made of myself to my defence; but seeing there is no mercy to be had here, I will endeavour to have patience, and undergo my fate as well as I can.

L. C. J. (Holt.) Mr. Knightley, you have no reason to find fault; for when I was acquainted you were ill, and desired a physician, I ordered one to be sent to you; and yesterday in the afternoon you sent word you were so sick, that you could not be brought hither to day; but your doctor was with me last night, and upon discourse with him, I did apprehend your were not so ill, but that, especially considering the weather, you might very safely be brought to the bar to day.

Knightley. The gentlemen that brought me the copy of the indictment found me very ill,

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and I have been ill ever since this day seven night.

L. C. J. Well, now let us see what time we shall appoint for the trial.

Att. Gen. (Sir Thomas Trevor.) When your lordship pleases to appoint.

And since confession is an essential part of repentance, I do acknowledge I was to have been concerned in some part of the barbarous assassination, and was unhappily surprised into a consent to act in it, though in my heart I did abominate the fact as much as any man

L. C. J. I think you cannot try it till Wed-living; but under some honourable and fair nesday fortnight.

Mr. Clark. That day is free, my lord." L. C. J. It being upon a Certiorari, the Venire facias must be returnable upon a common day; and there must be 15 days between the teste and the return.

Att. Gen. May it not be Tuesday, then, that the jury appear?

L. C. J. You cannot have it before Wednesday, for that is the return day.

Mr. Clark. Tuesday fortnight is appointed for the trial between Pride and the earl of Bath.

Att. Gen. Then it must be upon Wednesday. for there must be fifteen days between the teste and the return.

L. C. J. Well, take back your prisoner, and bring him here again on Wednesday fortnight; you shall have a rule for it. (Then the prisoner was carried back.)

WEDNESDAY, May 20, 1696.

This day being appointed for the trial of the prisoner, he was brought to Westminster Hall, and the jury were called over as soon as the court appeared in the hall, and the defaulters recorded; and about eleven of the clock the prisoner was brought to the bar.

Cl. of the Crown. Alexander Knightley, hold up thy hand. (Which he did.) Those good men that thou shalt hear called, and personally appear, are to pass between our sovereign lord the king and thee, upon the trial of thy life and death: If therefore thou wouldst challenge them, or any of them, thy time is to speak unto them as they come to the book to be sworn, before they be sworn.

L. C. J. (Holt.) Mr. Knightley, I perceive you have a desire to speak something; let us hear what you have to say.

Knightley. I humbly beg your lordship's leave, that I may speak before the jury be 'called. What I have to say, I beg I may have your leave to read, because I have a bad memory.

pretences I was drawn in at first, and then of a sudden became so far engaged, that by a mistaken notion of honour, I thought I could not retreat without the infamy of cowardice.

My lord, I humbly crave your lordship's permission to acquaint you, how that some time since I was brought before some of the lords of his majesty's most honourable privy council, where I do assure your lordship, I did freely own and fully discover my being concerned in that horrid design: and I here openly confess the same, with that sorrow and repentance as becomes a man of honour aud conscience.

My lord, there is one circumstance particular in my case, I most humbly beg leave to insist upon, and urge to your lordship in my behalf; which is, that it was upon my confession (as I conceive) that Mr. Harris, now a principal evidence against me, was first discovered; so that my own confession has been a great means to take away my life.

lemn court to receive from your lordship the I expect after a few words now in this soSentence due upon the conviction, from my own mouth, of a crime for which I cannot in modesty hope, so much above my deserts, the king's most gracious pardon; yet the greatness of my offence does not rob me of all thoughts of mercy, whilst I throw myself absolutely and entirely at his majesty's feet for it; and I humbly beg of your lordship as a privy-counsellor, that you would represent my unfortunate case to their excellencies the lords justices of England, as an object of his majesty's favour.

And now, my lord, I shall not detain your lordship and the court any longer, but my next words convict and lay me under the just sentence of death: so to my indictment I beg leave to plead Guilty, and throw myself entirely upon the king's mercy, and do desire my former plea to my indictment may be withdrawn.

Cl. of the Cr. Thou hast been indicted and arraigned of high-treason in compassing and imagining the death and destruction of the king; how sayest thou, Alexander Knightley, art thou guilty of the high-treason whereof thou standest indicted, or not guilty?

Knightley. Guilty, my lord.

(Reads.) My lord, I hope to save the jury and the witnesses against me a great deal of trouble, and design to take up very little of your lordship's time: but in the first place, I think myself obliged to thank your lordship for your great indulgence, in granting me so much time between my arraignment and trial; the greatest part of which I have employed to ap-ment Guilty or Not Guilty? pear before the great tribunal of heaven.

I speak in the face of the world here, that I am convinced I cannot hope to be happy bere after, without a just abhorrence of, and a sin cere repentance for that crime for which I here stand indicted. VOL. XIII.

Cl. of the Cr. Art thou content to withdraw thy plea Not Guilty?-Knightley. Yes, Sir. Cl. of the Cr. Do you plead to the indict.

Knightley. I am Guilty.

Att. Gen. Then, my lord, we desire, since he relinquishes his plea of not guilty, that you will record his confession; and since he has confest the indictment, we have nothing more to do but wait the judgment of the court.

? D

L. C. J. We shall not give judgment now. Att. Gen. If the prisoner have any thing to say for himself, your lordships, I suppose, will hear him to it.

L. C. J. But I say, we cannot by the course of the court give judgment now; for after a person is convicted here, whether by confession or verdict, he ought to have four days from the time of such confession or verdict, to move in arrest of judgment, if there be so many days of the term remaining; if not, then the longest time that can be had in the term is allowed. In Stayley's Case* it was otherwise practised, udgment was given the same day; that was n the time of the Popish-Plot, and is a case not to be imitated, because not justified by any precedent before that time or since; but it has been always observed to have four juridical days for moving in arrest of judgment, if so many remain of the term.

Monday, May 25, 1696. This being the last day of the Term, the prisoner was brought from Newgate to the King's

Bench bar.

Att. Gen. If your lordship please, I desire the judgment of the court to be pronounced upon Mr. Knightley upon his conviction.

Cl. of the Cr. Alexander Knightley, hold up thy hand, (which he did). Thou hast been indicted and arraigned for high-treason in compassing and imagining the death of the king, and adhering to the king's enemies; what can'st thou say for thyself, why judgment should not be given against thee to die according to the law?

Knightley. I have nothing more to say, my lord, than what I have said.

Cl. of the Cr. Crier, make proclamation for silence. (Which was done on both sides the court.)

Cryer. Oyez: Our sovereign lord the king straitly charges and commands all manner of persons to keep silence while judgment is in giving, upon pain of imprisonment.

L. C. J. Mr. Knightley, you are by your own confession convicted of high-treason in designing the murder of the king, and the subversion of the whole state of England, in promoting an invasion from the French, its most ancient and inveterate enemies.

It hath appeared before your arraignment, not only by the evidence that hath been given at former trials, but even by the signs of the times and the manner of some men's actings, that there hath been for some years last past a train of plots and conspiracies against this government; and when the various means which the conspirators did project among themselves for its ruin proved ineffectual, it was at last resolved among some of the conspirators to assassinate the king, as the most certain way of accomplishing their end.

In which design you were deeply engaged,

* See vol. 6, p. 1501, of this Collection.

and was an active instrument in the carrying it on, being sent to view the ground on both sides the water, and with others that were sent with you reported your opinion, which was the most convenient place to attack the king and his guards.

And though you did, the last time you were at the bar, urge by way of extenuation of your crime, that you being engaged in the interest of the late king, and thereby supported, you was surprised into this barbarous design, which being proposed to you, you thought yourself obliged in honour to engage in it; which is so far from an extenuation, that it is an high ag. gravation: for men of honourable principles, though most zealously disposed to the advancement of any particular interest, yet always detest the use of base and vile means. Therefore when the assassination of the king was proposed, you had an opportunity to have retreated with honour, and might have refused to be further concerned: but you rather pursued this wicked enterprise with great zeal. Roman Catholic, and may for that reason And though you are by your profession a think that your crime is mitigated, because you acted in the behalf of a prince of your own religion, which you hoped thereby to introduce: notwithstanding all which, your of fence is highly aggravated in respect of the ingratitude and folly with which it is attended. For there is no English Papist that is master of any property, but he is interested in the preservation of this government, to which the whole party of them bath been, and still are continually obliged for its moderation and justice; for instead of being exposed to the seve rity of those laws to which they are obnoxious, they have had the same indulgence in the enjoyment of their religion, and the same protection, and as much benefit in the distribution of the common justice of the realm, as any other of the king's subjects; therefore none of them could ever expect to mend their condition under a French domination. But the contrary is foreseen by all considering men; for the English Papist, as well as Protestant, would have beenreduced to a most dismal state, if you had obtained your end.

For it is against all the rules of reason, and the experience of all ages, to imagine, that the French king would spare English Papists more than Protestants; for it is not zeal to religion, or affection to the interest of the late king, that hath excited him to invade England, but it is his pride and ambition to conquer the three kingdoms, and to reduce this to be a province to France: indeed the pretence of restoring the late king, and introducing the Popish religion, may serve to delude some warm and unwary zealots to engage in his assistance, who do not consider, that if they should be successful, they would be as certainly destroyed as others, but with more disadvantage to themselves. For after they shall have survived the liberty of their country, have embrued their own hands in their countrymen's blood, they

will be at the mercy of their conqueror, who can never think it his interest to trust them, but will despise them for being such villainous traitors to their own country. Nay, rather, these Englishmen, who by their courage and resolution shall endeavour to defend their country, though they should be unfortunately vanquish ed, will meet with a much better reception, for they will have given assurances that they may be confided in, when the others have by such a wicked treason given a demonstration to the contrary.

There being then nothing to be said that can palliate such a crime as that of which you are convicted; but you having taken a different course the last time you were at the bar from what you took at first, you have relinquished your plea of not guilty, and have confessed the indictment; I wish out of charity to your person, it was as sincere as (I think it) it was prudent in you; for after several convictions of others that were your accomplices, you could not be a stranger to the evidence upon. which they were grounded: you must therefore in all probability have expected to have undergone the same fate. If your confession be a real effect of your repentance, you will reap the advantage of it in the next world; but what consequence it will have in this, I cannot say; "For the heart of the king is in the hand

of the Almighty, which, as the rivers of water, he turneth whithersoever he will." Live therefore for the time to come in expectation of a speedy death, and prepare yourself to appear before another judgment-seat; to the making of which important preparation I shall dismiss you, first discharging the court of the duty now incumbent upon it, in giving that judg ment which the law hath appointed. And the court doth award,

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That you be conveyed from hence to Newgate, the prison from whence you came, and from thence you are to be drawn upon a hurdle to Tyburn; where you are to be hanged by the neck, and while you are alive to be cut down, your privy-members are to be 'cut off, and your bowels to be cut out of your to be cut off, and your body is to be divided body, and burnt in your view; your head is ters are to be disposed where his majesty shall into four parts, and your head and your quar appoint. And I pray God to have mercy upon your soul.'

Knightley. My lord, I am truly sorry for what I have done, and I humbly thank your lordship and the rest of the judges for your favour to me.

Then the prisoner was carried back to Newgate, and afterwards was graciously pardoned.

391. The Proceedings against the Three Nonjuring Clergymen, Mr. COLLIER, Mr. Cook, and Mr. SNATT, for publicly absolving Sir William Parkyns and Sir John Freind at Tyburn: 8 WILLIAM III. A. n. 1696.*

escape." The Account published at that time,
by permission of the Sheriffs, is as follows:
An Account of what passed at the Execution of

Sir WILLIAM PERKINS, and Sir JoHN
FRIEND, at Tyburn, on Friday, April 3,

1696.

THE publicly absolving sir William Perkins | and sir John Friend at the place of execution made a great noise at that time. Burnet says, "A very unusual instance of the boldness of the jacobites appeared upon that occasion: these two had not changed their religion, but still called themselves Protestants; so three of the nonjuring clergymen waited on them to The prisoners being drawn in a sledge from Tyburn; two of them had been oft with Friend, Newgate to the place of execution, were perand one of them with Perkins; and all three, mitted to have the assistance of three nonjuring at the place of execution, joined to give them ministers of their own chusing, viz. Mr. Collier, public absolution, with an imposition of hands, Mr. Cook, and Mr. Snatt. Sir William Perin the view of all the people: a strain of impu-kins came first up into the cart, and had some dence, that was as new as it was wicked! since these persons died owning the ill designs they had been engaged in, and expressing no sort of repentance for them. So these clergymen, in this solemn absolution, made an open declaratron of their allowing and justifying these persons in all they had been concerned in. Two of them were taken up, and censured for this in the King's-bench, the third made his

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private discourse with one of the ministers.

Sir W. Perkins. When must I deliver my paper ?-Minister. When all is over.

Then the Executioner went to put the rope about sir William Perkins's neck. Sir W. Perkins. May not I pray before it be put on ?

Executioner. Yes, sir, if you please.

Then sir John Friend came into the cart; and the three ministers and prisoners all kneeling down, Mr. Cook read some prayers out of the morning-prayer, and the office for visita

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