&c. Vic. Com. London, et Vic. Com. Midx. Salutem: Cum Johannes Fenwick, bar. per quendam actum ad sessionem præsentis nostri Parliamenti apud Westminst. super vicesimum diem Octobris, Anno Regni nostri octavo, per prorogationem tent. edit. de alta proditione per ipsum perpetrat. et commiss. attinctus fuit, et executio super inde adhuc restat faciend. et quia pro certis causis et considerationibus nos specialiter moventibus, totam executionem actus attincturæ prædict. super dict. Johannem Fenwick, præter amputationem Capitis sui, omitti volumus; ideo præcipinus vobis et per præsentes firmiter injungendo mandamus, quod in et super vicesimum tertium diem instantis mensis Januar. inter horas nonam et nudecimam ante meridiem ejusdem diei dictum Johannem Fenwick in Goala nostra de Newgate sub Custodia vestra nunc existent a Goala prædict. usque ad Tower Hill, ducatis, et Caput ipsius Johannis Fenwick ad tunc et ibidem amputari et a Corpore suo omnino separari faciatis. Teste me ipso apud Westmonast. decimo octavo die Januar. Anno Regni nostri octavo. The Label. CHUTE." Vic. Com. Lond. et Midx. de executione faciend. John Fenwick, bar. authori tate Parl. Attinct. CHUTE." All the Punishment being remitted but Beheading, on the 28th of January 1697, sir John Fenwick was brought to a Scaffold erected on Tower Hill, where he delivered this PAPER to the Sheriffs. "Speaking nor writing was never my talent: I shall therefore give a very short, but faithful account, first, of my religion, and next, what I suffer most innocently for, to avoid the calumnies I may reasonably expect my enemies will cast upon me when dead; since they have most falsely and maliciously aspersed me, whilst under my misfortunes. "As for my religion, I was brought up in the church of England, as it is established by law, and have ever professed it; though I confess I have been an unworthy member of it, in not living up to the strict and excellent rules thereof; for which I take shame to myself, and humbly ask forgiveness of God. I come now to die in that Communion, trusting, as an humble and hearty penitent, to be received by the mercy of God, through the merits of Jesus Christ my Saviour. "My religion taught me my loyalty, which I bless God is untainted; and I have ever endeavoured in the station wherein I have been placed, to the utmost of my power, to support the crown of England in the true and lineal course of descent, without interruption. "I do also declare, in the presence of God, that I knew nothing of king James's coming to Calais, nor of any invasion intended from thence, till it was publicly known: And the only notion I had, that something might be attempted, was from the Toulon fleet coming to Brest. "I also call God to witness that I received the knowledge of what is contained in those papers that I gave to a great man, that came to me in the Tower, both from letters and messages that came from France; and he told me, when I read them to him, that the prince of Orange had been acquainted with most of those things before. "I might have expected mercy from that prince, because I was instrumental in saving his life: For when, about April 1695, an attempt formed against him came to my knowledge, I did, partly by dissuasions, and partly by delays, prevent that design; which, I suppose, was the reason that the last villainous project was concealed from me. "If there be any persons whom I have injured in word or deed, I heartily pray their. pardon, and beg of God to pardon those who have injured me; particularly those who with great zeal have sought my life, and brought the guilt of my innocent blood upon this nation, no treason being proved upon me. "I return my most hearty thanks to those noble and worthy persons who gave me their assistance by opposing this bill of attainder, without which, it had been impossible I could have fallen under the sentence of death. God bless them and their posterity; though I am fully satisfied they pleaded their own cause, while they defended mine. "I pray God to bless my true and lawful sovereign king James, the queen, and the prince of Wales, and restore him and his posterity to this throne again, for the peace and prosperity of this nation; which is impossible to prosper, till the government is settled upon a right foot. "And now, O God! I do with all humble devotion commend my soul into thy hauds, the great Maker and Preserver of men, and lover of souls; beseeching thee that it may be always dear and precious in thy sight, through the merits of my Saviour Jesus Christ. Amen.* "JOHN FENWICK." Then he submitted to the block, and the executioner severed his head from his body. * In the Harleian Misc. Oldys republished "Contemplations upon Life and Death," &c. as the composition of sir John Fenwick. Mr. "As for what I am now to die, I call God Park, 1 Harl. Misc. 542, ed. 1808, states that to witness, I went not to that meeting in Philip de Mornay lord of Plessis Marley, was Leadenhall street with any such intention as to the author of those Contemplations, which were invite king James by force to invade this na-printed in 1575, and translated from the French tion; nor was I myself provided with either horse or arms, or engaged for any number of men, or gave particular consent for any such invasion, as is most falsly sworn against me, by the celebrated countess of Pembroke in 1590. Qu. If sir John Fenwick were not the maker of the translation published in the Harl. Miscellany? 395. The Case, with the Proceedings against Major JOHN BER NARDI, Mr. COUNTER, Mr. BLACKBURN, Mr. CASSELS, Mr. CHAMBERS, and Mr. MELDRUM, on Account of the Assassi nation-Plot: 8 WILLIAM III. A. D. 1696.. [Written by Major John Bernardi, in Newgate, after he had been there near thirty-three Years a Prisoner, (though in the Historical Part abridged) without any Allowance from the Government, and who could never be admitted to Bail, or take his Trial.t] his youth by an unkind father, and in his old age to undergo the like rigid fate by unprecedented acts of parliament, without ever being heard, or proved criminal by any court in the kingdom. MAJOR John Bernardi was the son of John began to entertain thoughts of getting Francis Bernardi, descended of an ancient from under his father's discipline, who used noble family, counts of the holy empire, &c. him with great severity; sometimes contining This Francis was sent to England by the serene him like a criminal in a little dark room for republic of Genoa, with credentials from the trifles, allowing him only bread aud small duke and governors of that state, in the cha- beer; and whilst so confined, nobody durst reracter of agent, and afterwards of that of resi- lieve him, or let him out. Thus this John Berdent, from 1651, until after the happy restoranardi was unhappily destined to confinement in tion of king Charles 2. We find, that on Tuesday, Sept. 16, 1651, on a Report from the Speaker, "It was resolved by the parliament to receive Francis Bernardi, agent from the commonwealth of Genoa, according to the rule for receiving agents." And on the 221 of June, 1660, signior Francis Bernardi was appointed his father in the year 1670, leaving him asleep Accordingly John Bernardi escaped from resident from the said commonwealth to Eng- in his bed; and going out of his gate, he Jand, to congratulate his majesty on his happy kneeled down on the ground, protesting and return to his kingdoms. But about two years praying, that he might never return whilst his afterwards the republic sent over another per- father lived. He began his journey towards son to succeed the said signior Francis Ber- Coventry, and, though pursued, had the good nardi; and as he was born in England, at the luck to escape, and got to sir Clement Fisher's time when his father count Philip de Bernardi seat at Packington, near that city, whose lady was here also in embassy, and loving the coun- was the heroic Mrs. Jane Lane, who protected try as the place of his nativity, he lived and and conducted king Charles 2, after the battle died in this kingdom, having spent near thirty of Worcester, (so often mentioned in the history thousand pounds in hospitality, and in indulging of those times) and who was very intimate with a particular taste in gardening, being the most young Bernardi's father: But sir Clement and famous gentleman in the kingdom of his time his lady were gone to London two days before, for fine gardens. He kved some time near whither young Bernardi followed them. On Windsor, when first out of his ministry; but re-hearing his case, they did not persuade him to moved afterwards into Worcestershire, to be more remote and unknown. Here his son *Johnson, in his Life of Pope, has gratified his dislike of king William by mention of "the poor conspirator who died lately" [nearly half a century before the time when Johnson was writing]"in prison, after a confinement of more than 40 years without any crime proved against him." Bernardi has an article in the Biographia, and an account is given of him in the Gentleman's Magazine for the year 1780. "As many people are unacquainted with the reasons why those persons, suspected of being concerned in the assassination-plot, lay so long in Newgate, without being either bailed, tried, or discharged; this account, wrote by major Bernardi, (one of those taken up and contined) will explain the cause of it," Former Edition. return; but recommended him by letter to captain Littleton Clent, a relation of her ladyequipped him with necessaries and money for ship's, then in garrison at Portsmouth, and his journey. On his arrival at Portsmouth the captain received him very obligingly, and entered him in his own company, and taught him all the duty and exercise of a soldier. This life young Bernardi was very fond of, and passed through various posts (in Holland) in the army; for he had seven commissions in all, five of which were conferred on him by his highness the prince of Orange, the sixth by the States-General and the prince of Orange, and the seventh by king James 2, before the revolution. He attained the rank of a captain at 27 years of age. At the siege of Maestricht be lost an eye, and was shot through one of his arms, the bones of which were dashed to splinters; after wrapping his arm in the flap of his coat, he crowded back to the breach, and | meet and receive them: In the mean time king James went to Brest, where the French king had ordered a large fleet, of about thirty-five sail, to receive him and his soldiers, and land them in Ireland; and in getting thither was the famous battle with admiral Herbert in BantryBay. But king James's affairs growing bad in Ireland, he sent major Bernardi (made a major in Ireland) to Scotland, to accompany the earl of Seaforth, then going to raise men for king James: but receiving the news of king James's being defeated at the battle of the Boyne, the earl of Seaforth dismissed his forces, and sent them to their places of abode, without consulting his uncle, his officers, &c. who were greatly exasperated: whereupon major Bernardi desired to go to England, which majorgeneral Bouchan approved of, and sent for the faird of Glencoe to come with forty of his vassals to receive Bernardi at Invergary, and to conduct him to the braes of Monteth, which was performed in the night-time, for fear of the garrisons that lay in the way. Bernardi proceeded on his journey from the braes of Monteth, under the conduct of a guide appointed him by colonel Graham, and arrived at Edinburgh in the month of November 1691. The rulers of that city having heard that some gentlemen were come from the highlands, ordered their gates to be shut, and a general search to be made for them. Bernardi's landlord getting notice of it, conducted him out of town, but half an hour before that order was put in execution; otherwise his journey at that time had terminated in the Tolbooth, or some other prison in Edinburgh; but escaping that and other dangers, he travelled on from thence to London, meeting with no more difficulties at that time, than those of a long winter journey. But misfortunes may be compared with evil habits, it being no easy task to get out of either, when once unhappily fallen into the road of them. And this proved to be Bernardi's case: for, having finished his affairs in London, by disposing of some effects he had left with a friend when he went out of England, and by selling his Scotch horses, he purposed to go over into Flanders; and meeting with two gentlemen of his acquaintance ready to go out of town, in order to make the same voyage, he went with them to Colchester, where they were recommended to a master of a ship, who was in a short time to carry over a lady of great quality to Ostend; but the wind happening to be fixed in the east, the lady ordered her trunks to be put on shipboard, and then went to a gentleman's house about five miles off, charging the master to send for her as soon as the wind came "This laird of Glencoe was a little while afterwards, with his lady and vassals, barbarously murdered. See a 4to Pamphlet, intituled, 'Murder will out.' The English parliament voted Former Edit. this a barbarous Massacre.'" For the Proceedings in the Parliament of Scotland respecting the Massacre of Glencoe, see the present volume, post, fair. Bernardi and his two friends met with two other gentlemen, who were strangers to them, and also unknown in the town, who were come thither to get a passage over in the same ship. They joined company, and lodged all together for some nights at Mr. Cook's, then postmaster in Colchester; but having notice of some busy people's inquisitiveness about them, Bernardi and his two friends went to a gentleman's house, about a mile out of the town, and the other two gentlemen went to the master of the ship's house. The second night after Bernardi and his two friends went into the country, intimation was given to them, that sir Isaac Rebow, a justice of the peace, had issued out his warrant to apprehend them, and bring them before him; and the wind coming fair the same night, they went directly to the master of the ship's house, in order to go on board. The master of the ship told them, that he had sent a messenger for the lady two hours before, and expected her in an hour more; aud sent one of his men to conduct them on ship-board, and said he would follow them, with the other two gentlemen at his house, as soon as the lady came. A message came from the lady, that she could not possibly come before the next day in the afternoon. Bernardi and his two friends continued on ship-board to avoid the justice's warrant. The next day towards the evening, came a company of train-bands, with five hundred mob, to the quay, where the ship lay dry, at low water, about two miles from the town. This captain of the train-bands commanded his men to go on board, and to bring all the persons they found in the ship to him. These orders were obeyed; and Bernardi, and the two gentlemen with him, were seized and carried directly to Colchester gaol, where the other two gentlemen and the master of the ship had before been made prisoners. The lady had set out in order to go on board, but being told what had happened, she returned back, and never appeared; upon which six justices assembled to break open and search her trunks, exposing even her foul linen to the view of hundreds of people; but their worships could not discover who she was, neither had Bernardi or any of the other four gentlemen the least knowledge of her, but by name and title, which was the countess of Errol; having never seen her. When the six wise men had finished their search of the lady's goods, they strictly examined and searched their five prisoners separately, and charged them with having treasonable papers and pamphlets, though no such were found about them, neither had they any; but some such things were found amongst the lady's goods. These justices sent an account of their proceedings to the earl of Nottingham, then secretary of state, and thereby represented major Bernardi and the other four gentlemen to be accomplices with the said lady, and committed them to the county gaol at - Chelmsford; from hence they writ to their friends, and got themselves removed by Habeas Corpus to London, and gave bail before a judge, to appear in the court of King's-Bench the then next term. Before the term two of the five went off, either by composition or bilking their bail; but Bernardi and his two friends appeared, in hopes and expectation of being discharged by the court: but the Attorney General opposed their being discharged, having instructions from the Secretary of State so to do, alledging that they were guilty of treason. The court ordered them into custody of a messenger, where they remained confined near seven months. Bernardi having for many years been well known to my lord Romney, who was the other principal Secretary of State, writ a letter to his lordship and, by his favour, they all three were admitted to bail again upon the first day of Michaelmas term, to appear on the last day of the same term. They appeared accordingly; but the Attorney General still went on with his charge against them, and affirmed to the court, that the treasonable papers found in the lady's trunk, together with such other evidence as would be produced in Essex, was sufficient to bring them to their trial; and therefore he moved the court to bind them over to Chelmsford assizes, and they were bound over accordingly, twelve of their friends giving 500l. security each for their appearance; and in order to their defence, they applied themselves to four eminent counsel in London, and gave them breviates and large fees to plead their cause, and provided coaches to carry them down, and to attend and bring them back again. The day before the assizes began, they went down with their counsel, sir Creswell Levinz, sir Bartholomew Shower, counsellor Dolben, and another whose name the author hath forgot. The six prosecuting justices were got there before them, with their subpœnaed witnesses, who were all heard by the grand jury the next day, upon an indictment preferred against them; but for want of sufficient evidence to find the bill, the grand jury rejected it, and gave in their verdict Ignoramus; whereupon they were discharged in court by proclamation; and the six justices galloped home to Colchester in all haste, as soon as they beard that the grand jury had thrown out the bill of indictment. This prosecution, under close confinement sometimes, and under bail at other times, continued about a year and a half, which put major Bernardi to the expence of some hundreds of pounds, and his two fellow sufferers to as much. Major Bernardi, soon after he was discharged, went over to Holland with the earl of Nottingham's pass, and returned again within the time limited by the pass, and appeared at the secretary's office as he was enjoined, that my lord might know he had not exceeded the time prescribed him to return in; and by so doing he obtained some favours from his lordship afterwards. Not long after his return from Flanders, he judged it to suit best with his circumstances at that time to retire into the country, to be out of harm's way, and less liable to company and expence; for his five hundred and he and Rookwood, with other company, supped there accordingly; and making it too late to go home to their lodgings, Rookwood and Bernardi stayed all night at the tavern, and went to bed together there. The next morning, being Sunday, some constables and other armed men came into the house, and entered the room where Bernardi and Rookwood were in bed, and producing their warrant to search for and seize them, they demanded submission thereto. Bernardi and Rookwood readily yielded to their authority, not making the least resistance, and got up and dressed themselves as soon as possibly they could; but the constables' orders being to carry them, and all the people belonging to the tavern before the recorder of London, who was then gone to church, they were obliged to remain in the tavern until noon, guarded by twenty men. This miles journey from the highlands of Scotland to London, with the undeserved imprisonment and prosecution which he suffered by the officious justices, had very much impaired his substance. And although nothing less than his life was aimed at by the Essex justices, yet his sufferings then were but flea-bites, in comparison to the unprecedented hardships laid upon him soon after. He returned from a pleasant country-house near Brentford, where he had resided about a year and a half, and where he employed much of his time, and some expence, in improving and beautifying the gardens there; but the premises being made over to doctor Ward, prebend of Salisbury, in part of his lady's portion, Bernardi was obliged to quit the house on that account, and came to London at Christmas 1695: a fatal remove from a quiet country-abode to a sea of troubles, which in great measure is to be imputed to his misfor-delay gave Bernardi time and opportunity to tune in meeting with one captain Rookwood by accident at a tavern! Captain Rookwood was then lately come from France, and had been an acquaintance of Bernardi's of about seven years standing, though they had not seen each other for some years then last past. Rookwood frankly told Bernardi, that he was quite tired out in foreign service, that his brother had a good estate, and interest enough to obtain leave for him to come home; and that he was come over to that end, but kept himself a little private, until his brother had gained him a licence to appear; it being theu made criminal by a law, for any subject to come from France without leave from the government. Within two months or thereabouts after Bernardi's arrival in town, a horrid conspiracy to assassinate and murder his late majesty king William was discovered, and many proclamations came forth offering 1,000l. reward for securing each man inserted in those proclamations. Several were taken up on the first, and more were apprehended daily upon the repeated proclamations. Captain Rookwood came to Bernardi on a Saturday, soon after the horrid plot broke out, and his countenance and behaviour seem. ed to discover him to be under some disturbauce of mind. Bernardi thereupon asked him, if any evil had happened to him? To which he answered, No; but said, that if any body should be so malicious as to give information of his being come over at that time, he should certainly be taken up. But it seems his name was in a proclamation, which came out upon that very day, to seize him as one of those who were concerned in the said assassination-plot, though Bernardi had not then heard any thing of the matter, and Rookwood concealed it from him, intending, as appeared by his behaviour afterwards, to spend that evening with Bernardi; but Bernardi told him, that he was under a promise and engagement to sup that night at a tavern on Tower-hill. Captain Rookwood thereupon earnestly replied, that if the meeting there was not upon private business, he desired he might be one of the company; with which Bernardi readily complied, make some inquiry into the cause of all that hurly-burly. The senior constable told him, that a neighbour's servant-maid came to the tavern the night before, and seeing some gentlemen at supper, she asked a drawer who they were? And he making her a surly answer, she went with her brother, a journeyman shoemaker, directly to the recorder, and gave information, that some evil-minded men were at the tavern, and that the people of the house refused to discover who they were; and therefore it was reasonable to believe, that they might be such persons as the government then sought for, by divers proclamations. It was then near the latter end of February, and the beforementioned horrid conspiracy was discovered about the middle of the same month. The constables having notice of the recorder's being at home, they carried Bernardi and Rookwood, with all the tavern family, before him, who examined them very strictly and separately, and told them that he could do no less than commit them at that disturbed time, though he found no other cause than suspicion for so doing; and therefore, as a favour, would send them to the two Compters, and not to Newgate, that they might with less difficulty and expence obtain their liberty, when the storm was blown over. He ordered the tavern family to give bail the next day. Bernardi and Rookwood remained quiet under their respective and different confinements near a month, without any communication with each other, either by letter or message, in all that time. Captain Charnock, King, and Keys, were taken up on the first proclamation, which came forth on or about the 22 day of February; and were tried and convicted of high-treason March 11, 16956, and were all three executed on the 18th. Upon the 23d of March came forth another proclamation, in which Bernardi's name was inserted,, and a reward of 1,000l. was thereby offered to apprehend him. Captain Rookwood reposing an entire confidence in the friendship of one Mr. George Harris, intrusted him with the knowledge of his and Bernardi's being prisoners in the compters, as before-related, |